Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)

Sunan Abi Dawud 2955

Hadith Text

The Messenger of Allah (ﷺ) as saying: If anyone leaves property, it goes to his heirs. And if anyone leaves dependents (without resources), they come to us.

Commentary

This noble hadith establishes two fundamental principles of Islamic governance. The first portion affirms the divine system of inheritance ordained in the Qur'an, where property rightfully belongs to the designated heirs according to their prescribed shares.

The second portion establishes the state's responsibility toward those without means. "They come to us" signifies that the Islamic treasury (Bayt al-Mal) becomes the guardian and provider for orphans, widows, and destitute individuals who lack proper support.

This demonstrates the comprehensive nature of Islamic social welfare, where private property rights are protected while communal responsibility for the vulnerable is mandated. The state serves as the ultimate safety net, embodying the prophetic model of collective care.

Legal Implications

This hadith forms the basis for Islamic inheritance law and social welfare systems. It distinguishes between cases where deceased persons leave assets (distributed to heirs) and cases where they leave dependents in need (supported by public funds).

Scholars like Imam Abu Hanifah and Imam Malik derived from this that the state's responsibility extends beyond mere charity to being an obligatory duty funded through zakat, kharaj, and other public revenues.