Section VE FEY: Part 19 – The Share that the Messenger of Allah, peace and blessings be upon him, could take from spoils of war.
Malik ibn al-Hadesan (may Allah be pleased with him) narrated:
Umar (may Allah be pleased with him) sent for me when the sun rose, and I went to him. I found him sitting on a mat without cushions. When I entered, he said: "Some people from your tribe came swiftly, and I ordered that something be given to them. You distribute what is given to them among them."
I said, “Would you not order someone else to do the distribution?” Umar (may Allah be pleased with him) said, “Take it.” A servant of Umar, Yerfa, came and said: "O Commander of the Believers, should I allow Osman ibn Affan, Abdurrahman ibn Awf, Zubayr ibn al-Awam, and Sa’d ibn Abi Waqqas to enter?" Umar (may Allah be pleased with him) said, “Yes,” and allowed them to enter. Then Yerfa came again and said: "Should I allow Abbas and his nephew Ali to enter?” Umar (may Allah be pleased with him) said, “Yes,” and allowed them to enter.
Abbas said: "O Commander of the Believers, arbitrate between me and my nephew regarding [the Prophet’s] inheritance; divide what remains among us." Someone present said, "O Commander of the Believers, arbitrate between them and show mercy.”
Malik ibn al-Hadesan said: “It seems to me that Abbas and Ali had sent this group ahead as intercessors for this matter.” Umar (may Allah be pleased with him) said: “Do not haste; allow some time.” Then he turned to the group who had come first and said, "By Allah, upon whose authority the heavens and the earth stand, I will question you! Do you not know that the Messenger of Allah (peace be upon him) said, 'We are not bequeathed [any inheritance]; what we leave behind is charity'?"
Umar (may Allah be pleased with him) stated, "Indeed, Allah has given to His Messenger a distinction which He did not give to anyone among people." [He recited the verse:] “That which Allah gave to His messenger from the spoils of the Banu Nadir, which you did not throw upon its back or ride upon it, but Allah placed whomsoever He willed among the messengers on it. And Allah has power over all things.” (Surah al-Hashr, 59:6)
Allah gave the property of the Banu Nadir to His Messenger as spoils of war. By Allah, he did not prefer it over you; nor did he take it alone while neglecting you. The Messenger of Allah (peace be upon him) took from the spoils for his sustenance and the sustenance of his family for a year, and he set aside the rest among the properties of the public treasury.
Then Umar (may Allah be pleased with him) turned to Abbas and Ali and said, "By Allah, upon whose authority the heavens and the earth stand, I will question you: Do you know that this is the case?" They replied, “Yes, we know.”
Then he said, "When Abu Bakr (may Allah be pleased with him) died, I said, 'I am the successor to the Messenger of Allah (peace be upon him)'." He addressed Abbas, saying, "(You want) his inheritance from the Messenger of Allah (peace be upon him)." And he addressed Ali, saying, "(You want) his inheritance from his father [the Messenger of Allah (peace be upon him)] regarding Fatima’s family.” Abu Bakr (may Allah have mercy on him) said, “The Messenger of Allah (peace be upon him) is not bequeathed [any inheritance]; what we leave behind is charity."
Allah knows best, but Abu Bakr spoke the truth and followed the right path.
I became the successor to the Messenger of Allah (peace be upon him) and to Abu Bakr (may Allah be pleased with him), and I remained in that position for a period as Allah willed. You two came together, your opinions aligned, and your intentions were one. You asked me for the property of the Messenger of Allah (peace be upon him), and I said to you, "I swear by Allah, I will give it to you on condition that you spend it in the way the Messenger of Allah (peace be upon him) spent it – that you use what you need from it and distribute the rest to those in need.”
“You took it from me under these conditions. Then you came to me asking me to arbitrate between you regarding something other than this condition." Umar (may Allah be pleased with him) swore, "I will not introduce the name of division among you as long as I remain alive; I will leave it as the Messenger of Allah (peace be upon him) left it.” If you are unable to manage it, return it to me and I will manage it."
Abu Dawud said: Abbas and Ali asked Umar (may Allah be pleased with him) to divide the property between them. They were not ignorant of the Messenger of Allah’s (peace be upon him) statement, “We are not bequeathed [any inheritance]; what we leave behind is charity.” They desired nothing but truth and righteousness. Umar (may Allah be pleased with him) said: "I will not introduce the name of division to the property of the Messenger of Allah (peace be upon him); I will leave it as he left it."
[End of Hadith]
296. Narrated from 'Ali (may Allah be pleased with him) that the people of Banu Nadir were disputing over a property which Allah's Messenger (ﷺ) had given them as booty.
Abu Dawud said: Umar forbade the name "Taksim" (division) to be used for these properties.
Umar (may Allah be pleased with him) narrated:
The spoils of Banu Nadir, which the Muslims pursued on horses and camels until they were seized, is among the blessings that Allah (Exalted and Glorious be He) gave as booty to His Prophet. Booty is exclusively for the Messenger of Allah (peace and blessings be upon him), and it was spent on his family.
Ibn ‘Ubayd said: Provisions for a year were set aside for the Messenger of Allah’s (peace and blessings be upon him) family, and what remained was allocated to military preparations.
Ibn ‘Abid said: It was spent on equipment and weaponry.
According to a narration from Zuhri, Umar (may Allah be pleased with him) said: "You did not race horses and camels for the spoils of war that the Messenger of Allah gave me from the wealth of Banu Nadir."
Zuhri narrated: Umar said: Ureyne, Fedek, and such-and-such are solely for the Messenger of Allah (peace and blessings be upon him). [As stated in] the verses: "What Allah has given as spoils to the Prophet from the people of conquered lands – for Allah, the Prophet, his near relatives, the orphans, the needy, and those stranded on the road." (Al-Hashr, 59:7)
"That which Allah gives as spoils is for those poor who were expelled from their homes and possessions." (Al-Hashr, 59:8)
"Those who settled in Madinah before them and have faith in their hearts…" (Al-Hashr, 59:9)
"And those who came after them." (Al-Hashr, 59:10).
Umar then said: "This verse encompasses all of mankind. No one from among the Muslims remains without a right in the spoils.”
In the narration of Yuyub, it is stated: “He has his share according to what is due to him.” Except for some of your slaves whom you possess – they do not receive any portion of the spoils.
Malik ibn Yaws ibn al-Hadisah, may Allah be pleased with him, related:
'Umar, may Allah be pleased with him, when substantiating (the statement that Fay is not distributed, said): The Messenger of Allah, peace and blessings be upon him, possessed three sources of Fay: the lands of Banu Nadir, the lands of Khaybar, and the lands of Fadak. He would reserve the produce of the lands of Banu Nadir for sudden needs, and the produce of the lands of Fadak for wayfarers. As for the produce of Khaybar, he divided it into three portions. Two-thirds of it he distributed among the Muslims. One-third he allocated for the sustenance of his family. And what remained from the sustenance of his family, he distributed amongst the poor emigrants.
It is narrated from Urve bin Züyer (may Allah be pleased with him) that the wife of the Prophet (peace and blessings be upon him) said to him:
The daughter of the Messenger of Allah (peace and blessings be upon him), Fatima (may Allah be pleased with her), sent a message to Abu Bakr (may Allah be pleased with him), requesting her share from Fedek and one-fifth of the produce taken from Khaybar, which was given as spoils of war to the Messenger of Allah (peace and blessings be upon him) in Medina.
Abu Bakr (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) said: “We are not inherited; what We leave behind is charity. However, the family of Muhammad (peace and blessings be upon him) may take from it and benefit.”
By Allah, I will not change anything that was considered charity in the lifetime of the Messenger of Allah (peace and blessings be upon him) from its original state. I will do it as the Messenger of Allah (peace and blessings be upon him) did.
Consequently, Abu Bakr (may Allah be pleased with him) refrained from giving these properties to Fatima (may Allah be pleased with her). [634]
Zuhayr ibn Zubayr, may Allah be pleased with him, narrated:
This hadith was reported to Zuhayr by Aishah, may Allah be pleased with her, the wife of the Messenger of Allah, peace and blessings be upon him, from Urwah.
Zuhayr continued, saying: Fatima, may Allah be pleased with her, desired the share that the Messenger of Allah, peace and blessings be upon him, had set aside as charity in Medina and in the lands of Fadak, from the remainder of one-fifth of the produce of Khaybar.
Aishah, may Allah be pleased with her, said: Abu Bakr, may Allah be pleased with him, responded, saying that the Messenger of Allah, peace and blessings be upon him, stated: “We are not inherited; what We leave behind is charity. However, the family of Muhammad, peace and blessings be upon him, may consume from this property – that which Allah has given them as spoils – but they have no right to increase their sustenance or clothing.”
Urbah ibn Zubayr, may Allah be pleased with him, relates from Aisha, may Allah be pleased with her, who said: Abu Bakr, may Allah be pleased with him, hesitated to accept Fatima’s, may Allah be pleased with her, proposal. And he said: “I cannot abandon anything that the Messenger of Allah, peace and blessings be upon him, did. I will do as he did. If I were to abandon something from the command of the Messenger of Allah, peace and blessings be upon him, I would fear straying from Truth (justice).”
Lady Aisha continued, saying: As for the charity of the Messenger of Allah, peace and blessings be upon him, in Medina, Umar, may Allah be pleased with him, entrusted it to Ali and Abbas, may Allah be pleased with them. Ali, may Allah be pleased with him, took possession of it. But Umar, may Allah be pleased with him, withheld the land of Khaybar and Fadak; these are the charity of the Messenger of Allah, peace and blessings be upon him, to be spent on sudden occurrences and important matters that arise. The administration of these two lands belongs to those who hold authority after the Messenger of Allah, peace and blessings be upon him, and they have been administered in this manner until today.
EXPLANATION:
Taru: It means encompassing, coming upon, or affecting something.
Navā’ib: It means incidents and events that befall something.
It is narrated that Zuhri said concerning the verse: “You did not ride upon their backs nor did you propel them [with arrows]” –
The Messenger of Allah, peace and blessings be upon him, made a treaty with the people of Fadak and several villages.
(Mamar said: My Shaykh, Zuhri, mentioned the names of these villages but I could not retain them.) At that time, the Messenger of Allah, peace and blessings be upon him, was also besieging another tribe.
(This besieged tribe) sent a message to the Messenger of Allah, peace and blessings be upon him, offering a treaty (which the Messenger of Allah, peace and blessings be upon him, accepted). Upon this, the verse was revealed: “You did not ride upon their backs nor did you propel them [with arrows].”
Zuhri said: The property seized from the Banu Nadir became solely for the Messenger of Allah, peace and blessings be upon him, because the Muslims did not seize it by force. Rather, they acquired it through peace. Therefore, the Messenger of Allah, peace and blessings be upon him, distributed it among the Muhajirun, giving nothing to the Ansar except two needy individuals.
Muġira (bin Shu'ba) (may Allah be pleased with him) narrated:
When Umar ibn Abd al-Aziz became Caliph, he gathered the Mervan clan and said: "Fedek belonged to the Messenger of Allah (peace and blessings be upon him), from which he would spend, and he would also bestow a portion upon the young members of Banu Hashim, marrying them off. Fatima (may Allah be pleased with her) requested that he give Fedek to her, but the Messenger of Allah (peace and blessings be upon him) did not grant it to her. Such was the state of Fedek during the lifetime of the Messenger of Allah (peace and blessings be upon him). Then, after his death and the selection of Abu Bakr as Caliph, he followed the practice of the Messenger of Allah (peace and blessings be upon him) throughout his life. When Umar became Caliph, he continued in the manner of the Messenger of Allah (peace and blessings be upon him) and Abu Bakr until his death. Then Mervan (bin Hakim) appropriated it for himself. Afterwards, Fedek passed to Umar ibn Abd al-Aziz. I have looked into this matter and realized that I have no right to something that the Messenger of Allah (peace and blessings be upon him) forbade Fatima (may Allah be pleased with her) from. I summon you as witnesses; I am returning it to its state during the time of the Messenger of Allah (peace and blessings be upon him)."
Abu Dawud said: When Umar ibn Abd al-Aziz became Caliph, its income was one thousand dinars. Upon his death, it had become four hundred dinars. Had he remained in office, this income would have diminished further.
Abū Tufayl, may Allah be pleased with him, narrated:
Fāṭima, may Allah be pleased with her, came to Abū Bakr, may Allah be pleased with him, requesting what remained of the Prophet’s inheritance. Abū Bakr, may Allah be pleased with him, responded to her saying: “I heard the Noble and Exalted Allah say to a Prophet, ‘Indeed, when Allah grants sustenance to a prophet, it becomes the provision of his successor.’”
Abu Hurayra, may Allah be pleased with him, narrated:
The Messenger of Allah, peace and blessings be upon him, said: “My heirs will not dispute over a single dirham; rather, it is the provision for my wives and the wages of my servants, and what remains of the charity.”
Abū al-Bahterī (may Allah be pleased with him) related:
I heard a hadith from someone and it pleased me. I said to him, "Write it down for me."
He brought it to me clearly written. Ibn ‘Abbās (may Allah be pleased with him) and ‘Alī (may Allah be pleased with him) entered upon ‘Umar (may Allah be pleased with him), disputing. At that time Talha, Zubayr, Abdurrahman, and Sa’d (may Allah be pleased with them all) were also in the presence of ‘Umar (may Allah be pleased with him).
‘Umar (may Allah be pleased with him) said to Talha, Zubayr (may Allah be pleased with him), Abdurrahman, and Sa’d (may Allah be pleased with them all), “Do you not know that the Messenger of Allah (peace and blessings of Allah be upon him) said, ‘The entire property of the Prophet is charity, except for what his family eats and wears; indeed, one does not inherit from our property?’”
They replied, "Yes, we know."
‘Umar (may Allah be pleased with him) said, “He would spend from the Messenger of Allah’s (peace and blessings of Allah be upon him) property on his dependents, and give away what remained in charity.” Then he mentioned a portion more of the hadith of Malik ibn ‘Aws.
Aisha (may Allah be pleased with her) related:
They intended to send ‘Uthman ibn Affan (may Allah be pleased with him) to Abu Bakr (may Allah be pleased with him) so that he would request his eighth share of the inheritance when the Prophet (peace and blessings be upon him) passed away. Aisha (may Allah be pleased with her) said, “Did not the Messenger of Allah (peace and blessings be upon him) say, ‘We are not inherited. What We leave behind is charity’?” [636]
In a narration transmitted through Aishah (may Allah be pleased with her) via the route of Urwa, she relates that he said: “Do you not fear Allah? Did you not hear the Messenger of Allah (peace and blessings upon him) say: ‘We are not inherited; what We leave behind is charity. Except for this property, which is for the needs of the family of Muhammad, their guests. When I die, this property will be under the control of whoever succeeds me as caliph.’”
EXPLANATION:
The charitable properties mentioned by the Messenger of Allah (peace and blessings upon him) include: The Jewish man Muhayrik, who converted to Islam on the day of Uhud, gifted seven gardens located in the land of Banu Nadir to the Messenger of Allah (peace and blessings upon him). The uncultivated land given to the Messenger of Allah (peace and blessings upon him) by the Ansar was his property. When Banu Nadir left Medina, the land remaining from them became war booty for the Messenger of Allah (peace and blessings upon him), and he spent its income on immediate expenses.
There was also half of the lands of Fadak. Fadak is a place between Medina and Khaybar. After Khaybar was conquered, the people of Fadak offered to give half of their land to the Messenger of Allah (peace and blessings upon him) as part of a truce agreement, which he accepted.
Fadak belonged to the Messenger of Allah (peace and blessings upon him). One-third of the lands of Wadi al-Qura also belonged to him. The Messenger of Allah (peace and blessings upon him) received one-fifth of the income from the land of Khaybar. However, the Messenger of Allah (peace and blessings upon him) would spend a portion of these incomes on the needs of his household and distribute the rest as charity for public benefit.
The properties were managed in the same manner during the time of the rightly guided Caliph Abu Bakr as they had been during the lifetime of the Messenger of Allah (peace and blessings upon him).
Upon the death of the Messenger of Allah (peace and blessings upon him), Lady Fatima requested her share from these properties. The rightly guided Caliph Abu Bakr, relying on the prophetic tradition: “We are a people to whom inheritance does not pass; what We leave behind is charity,” did not divide these properties. Instead, he would distribute from their incomes to the wives of the Messenger of Allah (peace and blessings upon him), Lady Fatima, and then to the needy and for public benefit.
After the death of the rightly guided Caliph Abu Bakr, the management of these properties passed to the caliph Umar. He acted in the same manner as the rightly guided Caliph Abu Bakr. At one point, Abbas and Ali requested him to distribute this property. He responded that it could not be divided but only its income could be used to meet needs.