Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 20: The Division Of The Khumus And The Share Of His Relatives
Mujja'ah went to the Prophet (ﷺ) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.
The Prophet (ﷺ) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (ﷺ) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.
He then asked AbuBakr for them later on, and brought to him the document of the Prophet (ﷺ). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.
The text of the document written by the Prophet (ﷺ) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."
Chapter 19: Regarding Allocating A Special Portion For The Messenger Of Allah (saws) From Wealth
AbulBakhtari said: I heard from a man a tradition which I liked. I said to him: Write it down for me. So he brought it clearly written to me.
(It says): Al-Abbas and Ali entered upon Umar when Talhah, az-Zubayr, AbdurRahman and Sa'd were with him. They (Abbas and Ali) were disputing.
Umar said to Talhah, az-Zubayr, AbdurRahman and Sa'd: Do you not know that the Messenger of Allah (ﷺ) said: All the property of the Prophet (ﷺ) is sadaqah (alms), except what he provided for his family for their sustenance and their clothing. We are not to be inherited.
They said: Yes, indeed. He said: The Messenger of Allah (ﷺ) used to spend from his property on his family, and give the residue as sadaqah (alms). The Messenger of Allah (ﷺ) then died, and AbuBakr ruled for two years. He would deal with it in the same manner as the Messenger of Allah (ﷺ) did. He then mentioned a little from the tradition of Malik ibn Aws.
Chapter 20: The Division Of The Khumus And The Share Of His Relatives
I heard 'Ali say: The Messenger of Allah (ﷺ) assigned me the fifth (of the booty). I spent it on its beneficiaries during the lifetime of the Messenger of Allah (ﷺ) and Abu Bakr and of 'Umar. Some property was brought to him ('Umar) and he called me and said: Take it. I said: I dod not want it. He said: Take it ; you have right to it. I said: We do not need it. So he deposited in the government treasury.
‘Ali bin Abi Talib said “I had an old she Camel that I got as my share from the booty on the day of Badr. The Apostle of Allaah(ﷺ) also gave me an old she camel from the fifth that day. When I intended to cohabit with Fathimah daughter of the Apostle of Allaah(ﷺ), I made arrangement with a man who was a goldsmith belonging to Banu Qainuqa’ to go with me so that we may bring grass. I intended to sell it to the goldsmith there by seeking help in my wedding feast. While I was collecting for my old Camels saddles, baskets and ropes both of she Camels were seated in a corner of the apartment of a man of the Ansar. When I collected what I collected (i.e., equipment) I turned (towards them). I suddenly found that the humps of she Camels were cut off and their hips were pierced and their lives were taken out. I could not control my eyes (to weep) when I saw that scene. I said “Who has done this?” They (the people) replied “Hamzah bin ‘Abd Al Muttalib”. He is among the drunkards of the Ansar in this house. A singing girl is singing for him and his Companions. While singing she said “Oh Hamza, rise to these plumpy old she Camels. So he jumped to the sword and cut off their humps, pierced their hips and took out their livers.” ‘Ali said “I went till I entered upon the Apostle of Allaah(ﷺ) while Zaid bin Harithah was with him.” The Apostle of Allaah(ﷺ) realized what I had met with. The Apostle of Allaah(ﷺ) aid “What is the matter with you?” I said Apostle of Allaah(ﷺ), I never saw the thing that happened with me today. Hamzah wronged my she Camels, he cut off their humps, pierced their hips. Lo! He is in a house with drunkards. The Apostle of Allaah(ﷺ) asked for his cloak. It was brought to him. He then went out, I and Zaid bin Harithah followed him until we reached the house where Hamzah was. He asked permission ( to entre). He was permitted. He found drunkards there. The Apostle of Allaah(ﷺ) began to rebuke him (Hamzah) for his action. Hamzah was intoxicated and his eyes were reddish. Hamzah looked at the Apostle of Allaah(ﷺ). He then raised his eyes and looked at his knees, he then raised his eyes and looked at his navel and he then raised his eyes and looked at his face. Hamzah then said “Are you but the salves of my father? Then the Apostle of Allaah(ﷺ) knew that he was intoxicated. So the Apostle of Allaah(ﷺ) moved backward. He then went out and we also went out with him.”
Chapter 21: The Special Portion (As-Safi) Of The Prophet (saws) That Was taken From The Spoils Of War
‘Amir Al Sha’bi said “The Prophet (ﷺ) had a special portion in the booty called safi. This would be a slave if he desired or a slave girl if he desired or a horse if he desired. He would choose it before taking out the fifth.”
A’ishah said “Safiyyah was called after the word safi (a special portion of the Prophet).”
Chapter 22: How Were The Jews Expelled From Al-Madinah ?
Abu Hurairah said, While we were in the mosque, the Apostle of Allaah(ﷺ) came out and said “Come on to the Jews. So we went out with him and came to them”. The Apostle of Allaah(ﷺ) stood up, called them and said “If you, the community of Jews accept Islam you will be safe”. They said “You have given the message Abu Al Qasim”. The Apostle of Allaah(ﷺ) said “Accept Islam you will be safe”. They said “You have given the message Abu Al Qasim”. The Apostle of Allaah(ﷺ) said “that I intended”. He then said the third time “Know that the land belongs to Allaah and His Apostle and I intend to deport you from this land. So, if any of you has property (he cannot take it away), he must sell it, otherwise know that the land belongs to Allaah and His Apostle (ﷺ).”
Chapter 24: What Has Been Related About The Ruling On The Land Of Khaibar
Anas bin Malik said “The Apostle of Allaah(ﷺ) attacked Khaibar and we captured it by conquest. He then gathered the captives of war.”
Bashir bin Yasar said “When Allaah bestowed Khaibar on His Prophet (ﷺ) as fai’ (spoils), he divided it into thirty six lots. Each lot comprised one hundred portions. He separated its half for his emergent needs and whatever befalls him. Al Watih and Al Kutaibah and Al Salalim and whatever acquired with them. He separated the other half and he divided Al Shaqq and Nata’ and whatever acquired with them. The portion of the Apostle of Allaah(ﷺ) lay in the property acquired with them.
The Messenger of Allah (ﷺ) took out his fifth from the booty of Khaybar, and divided the rest of it among those who attended the battle and among those who were away from it but attend the expedition of al-Hudaybiyyah.
Chapter 25: The Conquest Of Makkah
Al-Abbas ibn AbdulMuttalib brought AbuSufyan ibn Harb to the Messenger of Allah (ﷺ) in the year of the conquest (of Mecca). So he embraced Islam at Marr az-Zahran. Al-Abbas said to him: Messenger of Allah, AbuSufyan is a man who likes taking this pride, if you may do something for him. He said: Yes, he who enters the house of AbuSufyan is safe, and he who closes his door is safe.
Chapter 21: The Special Portion (As-Safi) Of The Prophet (saws) That Was taken From The Spoils Of War
Anas bin Malik said “We came to Khaibar. We bestowed the conquest of fortress (on us), the beauty of Safiyyah daughter of Huyayy was mentioned to him (the Prophet). Her husband was killed (in the battle) and she was a bride. The Apostle of Allaah(ﷺ) chose her for himself. He came out with her till we reached Sadd Al Sahba’ where she was purified. So he cohabited with her.
Anas said “Captives were gathered at Khaibar. Dihyah came out and said “Apostle of Allaah(ﷺ) give me a slave girl from the captives.” He said “Go and take a slave girl. He took Safiyyah daughter of Huyayy. A man then came to the Prophet (ﷺ) and said “You gave Safiyyah daughter of Huyayy, chief lady of Quraizah and Al Nadir to Dihyah? This is according to the version of Ya’qub. Then the agreed version goes “she is worthy of you.” He said “call him along with her. When the Prophet (ﷺ) looked at her, he said to him “take another slave girl from the captives. The Prophet (ﷺ) then set her free and married her.
Chapter 23: Regarding The Incidents With An-Nadir
AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (ﷺ): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (ﷺ) was at that time at Medina before the battle of Badr.
(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.
When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (ﷺ).
When this news reached the Messenger of Allah (ﷺ), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (ﷺ), they scattered. This reached the infidels of the Quraysh.
The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (ﷺ), they gathered Banu an-Nadir to violate the treaty.
They sent a message to the Prophet (ﷺ): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.
When the next day came, the Messenger of Allah (ﷺ) went out in the morning with an army, and surrounded them.
He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.
Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.
He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (ﷺ). Allah bestowed them upon him and gave them him as a special portion.
He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (ﷺ) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (ﷺ) which is in the hands of the descendants of Fatimah (Allah be pleased with her).
Ibn ‘Umar said “The Jews Al Nadir and Quraizah fought with the Apostle of Allaah(ﷺ), so the Apostle of Allaah(ﷺ) expelled Banu Al Nadir and allowed the Quraizah to stay and favored them. The Quraizah thereafter fought (with the Prophet).” So he killed their men and divided their women, property and children among Muslims except some of them who associated with the Apostle of Allaah(ﷺ). He gave them protection and later on they embraced Islam. The Apostle of Allaah(ﷺ) expelled all the Jews of Madeenah in Toto, Banu Qainuqa, they were the people of ‘Abd Allaah bin Salam, the Jews of Banu Harith and any of Jews who resided in Madeenah.
Chapter 24: What Has Been Related About The Ruling On The Land Of Khaibar
The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (ﷺ), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).
They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.
The Prophet (ﷺ) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?
He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.
They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (ﷺ) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.
Bashir bin Yasar said that he heard a number of the Companions of the Prophet (ﷺ) say. He then narrated the tradition (mentioned above). He said “One half comprised the portions of the Muslims and the portion of the Apostle of Allaah(ﷺ). He separated the other half for the Muslims for any calamity that befalls him and for emergent needs.”
When Allah bestowed Khaybar on the Messenger of Allah (ﷺ) as fay' (spoils of war without fighting), he divided the whole into thirty six lots. He put aside a half, i.e. eighteen lots, for the Muslims. Each lot comprised one hundred shares, and the Prophet (ﷺ) was with them. He received a share like the share of one of them.
The Messenger of Allah (ﷺ) separated eighteen lots, that is, half, for his future needs and whatever befell the Muslims. These were al-Watih, al-Kutaybah, as-Salalim and their colleagues. When all this property came in the possession of the Prophet (ﷺ) and of the Muslims, they did not have sufficient labourers to work on it. The Messenger of Allah (ﷺ) called Jews and employed them on contract.
Abdullah ibn AbuBakr and some children of Muhammad ibn Maslamah said: There remained some people of Khaybar and they confined themselves to the fortresses. They asked the Messenger of Allah (ﷺ) to protect their lives and let them go. He did so. The people of Fadak heard this; they also adopted a similar way. (Fadak) was, therefore, exclusively reserved for the Messenger of Allah (ﷺ), for it was not captured by the expedition of cavalry and camelry.
Sa’id bin Al Musayyab said “The Apostle of Allaah(ﷺ) conquered a portion of Khaibar by force.” Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ibn Wahb said “Malik told me on the authority of Ibn Shihab, Khaibar was captured by force in part and by peace in part. Most of Al Kutaibah was captured by force and a portion by peace.” I asked Malik “What is Al Kutaibah?” He replied “The land of Khaibar. It had forty thousand palm trees.”