Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 8: Regarding The Appointment Of The Khalifah
'Umar said: I shall not appoint a successor, for the Messenger of Allah (ﷺ) did not appoint a successor. If I appoint a successor (I can do so), for Abu Bakr had appointed a successor. He Ibn 'Umar) said: I swear by Allah, he did not mention (anyone) but the Messenger of Allah (ﷺ) and Abu Bakr. So I learnt he would not equate anyone with the Messenger of Allah (ﷺ), for he did not appoint any successor.
Chapter 13: Regarding Matters Of Those Who Are Under Imam, His Duties, And Him Secluding Himself From Them
When I entered upon Mu'awiyah, he said: How good your visit is to us, O father of so-and-so. (This is an idiom used by the Arabs on such occasions). I said: I tell you a tradition which I heard (from the Prophet). I heard the Messenger of Allah (ﷺ) say: If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty. He said: He (Mu'awiyah) appointed a man to fulfil the needs of the people.
Chapter 14: Regarding Dividing The Fai'
When the spoils (fai') came to the Messenger of Allah (ﷺ), he divided it that day ; he gave two portions to a married man and one to a bachelor. The narrator Ibn al-Musaffa added: We were summoned, and I would be summoned before 'Ammar. So I was summoned and he gave me two portions, for I had a family ; then 'Ammar b. Yasir was summoned after me and given one.
Chapter 15: Regarding Providing For Offspring
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.
The Prophet (ﷺ) as saying: I am nearer to every believer than himself, and if anyone leaves, it goes to his heirs.
Chapter 16: The Age Upon Which A Man Is Entitled (To A Share) Due To Fighting
That Ibn 'Umar was presented before the Prophet (ﷺ) on the day of Uhud, when he was fourteen years old, but he did not allow him. He was again presented to him on the day of Khandaq (the battle of Trench) when he was fifteen years old, he allowed him.
Chapter 17: The Disapproval of Taking Share In Later Times
Mutayr said: I heard a man say: I heard the Messenger of Allah (ﷺ) in the Farewell Pilgrimage. He was commanding and prohibiting them (the people). He said: O Allah, did I give full information? They said: Yes. He said: When the Quraysh quarrel about the rule among themselves, and the presents become bribery, them leave them. The people were asked: Who was he (who narrated this tradition)? They said: This was Dhul-Zawa'id, a Companion of the Messenger of Allah (ﷺ).
Chapter 18: Registering The Names Of Those Who Are Given Something
An expedition of the Ansar was operating in Persia with their leader. 'Umar used to send expeditions by turns every year, but he neglected them. When the expired, the people of expedition appointed on the frontier came back. He ('Umar) took serious action against them and threatened them, though they were the Companions of the Messenger of Allah (ﷺ). They said: 'Umar you neglected us, and abandoned the practice for which the Messenger of Allah (ﷺ) commanded to send the detachments by turns.
A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (ﷺ): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.
Chapter 19: Regarding Allocating A Special Portion For The Messenger Of Allah (saws) From Wealth
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (ﷺ) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (ﷺ) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (ﷺ) died, Abu Bakr said: I am the protector of the Messenger of Allah (ﷺ). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (ﷺ) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (ﷺ) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (ﷺ) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.
Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (ﷺ) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
The properties of Banu al-Nadir were part of what Allah bestowed on His Apostle from what the Muslims has not ridden on horses or camels to get; so they belonged specially to the Messenger of Allah (ﷺ) who gave his family their annual contribution.
Ibn 'Abdah said: His family (ahlihi) and not the members of his houses (ahl baitihi) ; then applied what remained for horses and weapons in Allah's path.
'Umar said explaining the verse: "What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry" this belonged specially to the Messenger of Allah (ﷺ): lands of 'Urainah, Fadak, and so-and-so. What Allah as bestowed on His Apostle (and taken away) from the people of the townships - belong to Allah - to the Apostle, and to kindred and orphans, the needy and the wayfarer, to the indigent emigrants, those who were expelled from their homes and their property, and to those who, before them, had homes (in Medina), and had adopted the faith, and to those who came after them. This verse completely covered all the people ; they remained no one from Muslims but he had his right in it, or share (according to Ayyub's version) except the slaves.
Chapter 13: Regarding Matters Of Those Who Are Under Imam, His Duties, And Him Secluding Himself From Them
The Prophet (ﷺ) said: It is not on my own that I give you or withhold from you: I am just a treasure, putting it where I have been commanded.
Malik ibn Aws ibn al-Hadthan said: One day Umar ibn al-Khattab mentioned the spoils of war and said: I am not more entitled to this spoil of war than you; and none of us is more entitled to it than another, except that we occupy our positions fixed by the Book of Allah, Who is Great and Glorious, and the division made by the Messenger of Allah (ﷺ), people being arranged according to their precedence in accepting Islam, the hardship they have endured their having children and their need.
Chapter 14: Regarding Dividing The Fai'
The Prophet (ﷺ) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Chapter 15: Regarding Providing For Offspring
The Prophet (ﷺ) said: I am nearer to the believers than themselves, so if anyone leaves property, it goes to his heirs, and if anyone leaves debt and dependants, let the matter come to me and I shall be responsible.
Chapter 17: The Disapproval of Taking Share In Later Times
Sulaym ibn Mutayr reported on the authority of his father that Mutayr went away to perform hajj.
When he reached as-Suwaida', a man suddenly came searching for medicine and ammonium anthorhizum extract, and he said: A man who heard the Messenger of Allah (ﷺ) addressing the people commanding and prohibiting them, told me that he said: O people, accept presents so long as they remain presents; but when the Quraysh quarrel about the rule, and the presents are given for the religion of one of you, then leave them alone.
Abu Dawud said: This tradition has been transmitted by Ibn al-Mubarak from Muhammad b. Yasar from Sulaim b. Mutair.
Chapter 19: Regarding Allocating A Special Portion For The Messenger Of Allah (saws) From Wealth
Abu Bakr refused that to her. Her said: I am not going to leave anything the Messenger of Allah (ﷺ) used to do but I shall carry it out. I fear if I depart a little from his practice, I shall diverge (from the right path). As regards his sadaqah (property) at Medina, 'Umar had given it to 'Ali ad 'Abbas (Allah be pleased with them), and 'Ali dominated it. As for Khaibar and Fadak, 'Umar retained them. He said: They were the sadaqah (property) of the Messenger of Allah (ﷺ), exclusively reserved for his purposes that happened, and for his emergent needs. Their management was assigned to the one who was in authority. He said: They are in that condition to the present day.
Chapter 18: Registering The Names Of Those Who Are Given Something
I heard the Messenger of Allah (ﷺ) say: Allah, the Exalted, has placed truth on Umar's tongue and he speaks it.
Chapter 19: Regarding Allocating A Special Portion For The Messenger Of Allah (saws) From Wealth
Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Messenger of Allah (ﷺ) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Messenger of Allah (ﷺ) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.