Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 24: What Has Been Related About The Ruling On The Land Of Khaibar
Umar said: The Messenger of Allah (ﷺ) had transaction with the Jews of Khaybar on condition that we should expel them when we wish. If anyone has property (with them), he should take it back, for I am going to expel the Jews. So he expelled them.
‘Abd Allah bin ‘Umar reported that ‘Umar said “When Khaibar was conquered, the Jews asked the Apostle of Allaah(ﷺ) to confirm that they would do all the cultivation and have half the produce. The Apostle of Allaah(ﷺ) said “I shall confirm you on that condition as long as we wish. So they were confirmed on that (condition). The dates from half the produce of Khaibar were divided into a number of portions. The Apostle of Allaah(ﷺ) would take the fifth. The Apostle of Allaah(ﷺ) used to contribute from the fifth one hundred wasqs of dates and twenty wasqs of wheat to each of his wives. When ‘Umar intended to expel the Jews from Khaibar he sent a message to the wives of the Prophet (ﷺ) and said to them “If any of you wishes that I divide the palm trees for her by their assessment that amounts one hundred wasqs (of dates) and to her belongs their root, their land and their water and (likewise) twenty wasqs from the produce of the cultivated land by assessment, I shall (do that). And if any of you wishes that we take out her portion from the fifth, we shall do (that).
Anas bin Malik said “The Apostle of Allaah(ﷺ) attacked Khaibar and we captured it by conquest. He then gathered the captives of war.”
Sahl bin Abi Hathmah said “The Apostle of Allaah(ﷺ) divide Khaibar into two halves. One half was reserved for his emergency and needs, the other half was meant for the Muslims. He divided among them into eighteen portions.”
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.”
Bashir ibn Yasar, the client of the Ansar, reported on the authority of a group of the Companions of the Prophet (ﷺ): When the Messenger of Allah (ﷺ) conquered Khaybar, he divided it into thirty-six lots, each lot comprising one hundred portions. One half of it was for the Messenger of Allah (ﷺ) and for the Muslims; and he separated the remaining half for the deputations which came to him, other matters and emergent needs of the people.
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.
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.
Khaybar was divided among the people of al-Hudaybiyyah. The Messenger of Allah (ﷺ) divided it into eighteen portions. The army contained one thousand and five hundred people. There were three hundred horsemen among them. He gave double share to the horsemen, and a single to the footmen.
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.”
Ibn Shihab said “It has reached me that the Apostle of Allaah(ﷺ) conquered Khaibar by force. Its inhabitants who came down (from their fortress) for expulsion came down after fighting.”
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.
‘Umar said “Had I not considered the last Muslim, I would have any town I conquered divided as the Apostle of Allaah(ﷺ) had divided Khaibar.”
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.
When the Prophet (ﷺ) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (ﷺ) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (ﷺ) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (ﷺ), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.
I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (ﷺ) and his people (with him).
He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (ﷺ) and he embraced Islam.
I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.
Wahb bin Munabbih said “I sked Jabir “Did they get any booty on the day of conquest (of Makkah)? He replied, No.
Abu Hurairah said “When the Prophet (ﷺ) entered Makkah he left Al Zubair bin Al Awwam, Abu ‘Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said “Abu Hurairah call the helpers.” He said”Go this way. Whoever appears before you kill him”. A man called “the Quraish will be no more after today.” The Apostle of Allaah(ﷺ) said “he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka’bah), they entered the Ka’bah and it was full of them. The Prophet (ﷺ) took rounds of Ka’bah and prayed behind the station. He then held the sides of the gate (of the Ka’bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (ﷺ) on Islam. Abu Dawud said “I heard Ahmad bin Hanbal (say) when he was asked by a man “Was Makkah captured by force?” He said “What harms you whatever it was? He said “Then by peace?” He said, No.
Chapter 26: The Conquest Of At-Ta'if
Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (ﷺ) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (ﷺ) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.
When the deputation of Thaqif came to the Messenger of Allah (ﷺ), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (ﷺ) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).