The Book of Distribution of Al-Fay'

Yazid ibn Hurmuz reported that when Najdah al-Haruri went out during the conflict of Ibn al-Zubayr, he sent to Ibn Abbas asking who should receive the share for near relatives. Ibn Abbas replied: It belongs to us, the relatives of the Messenger of Allah; he allotted it to them. Umar offered us something that we considered less than our due, so we declined it. He had offered to help those among us who wished to marry, pay the debts of our debtors, and give to our poor; he refused to give us more than that.

Yazid ibn Hurmuz said: Najdah wrote to Ibn Abbas asking who should receive the share for near relatives. Yazid said: I wrote down Ibn Abbas letter to Najdah, in which he said: You wrote asking who should receive the share for near relatives. It belongs to us, the People of the House. Umar offered to help our unmarried people marry, give provisions to our needy, and pay our debtors debts. We insisted that he hand it over to us, but he refused, so we left it as it was.

Al-Awzai said: Umar ibn Abd al-Aziz wrote to Umar ibn al-Walid: Your father gave you the entire fifth, although your father was entitled only to the same share as any Muslim. From it are due the rights of Allah, the Messenger, near relatives, orphans, the needy, and travelers. How many adversaries your father will face on the Day of Resurrection! How can one escape when he has so many adversaries? Your public display of musical instruments and flutes is an innovation in Islam. I had considered sending someone to cut off your disgraceful long hair. [1] The khumus is one fifth of the spoils.

Jubayr ibn Mutim reported that he and Uthman ibn Affan came to the Messenger of Allah to discuss his distribution of the fifth from Hunayn among Banu Hashim and Banu al-Muttalib ibn Abd Manaf. They said: Messenger of Allah, you gave to our brothers Banu al-Muttalib but gave us nothing, although our kinship is like theirs. He replied: I regard Hashim and al-Muttalib as one. Jubayr said that the Messenger of Allah gave nothing from that fifth to Banu Abd Shams or Banu Nawfal, as he had given to Banu Hashim and Banu al-Muttalib.

Jubayr ibn Mutim said: When the Messenger of Allah allotted the share for near relatives to Banu Hashim and Banu al-Muttalib, I came with Uthman ibn Affan and said: Messenger of Allah, we do not deny the virtue of Banu Hashim because of your place among them, which Allah granted you. But why give to Banu al-Muttalib and withhold from us, when our relationship to you is the same? The Messenger of Allah replied: They never separated from me in the pre-Islamic era or in Islam. Banu Hashim and Banu al-Muttalib are one. He interlaced his fingers.

Ubadah ibn al-Samit said: On the day of Hunayn, the Messenger of Allah took a hair from the side of a camel and said: People, I am not entitled to take from the spoils Allah has granted you even the equivalent of this, except for the fifth; and the fifth is returned to you. The compiler notes: Abu Sallam was named Mam tur and was Ethiopian; Abu Umamah was named Sudayy ibn Ajlan. Allah knows best.

Amr ibn Shuaib reported from his father, from his grandfather, that the Messenger of Allah went to a camel, took a hair from its hump between his fingers, and said: I have no share in the spoils, not even this, except the fifth; and the fifth is returned among you.

Umar reported that the property of Banu al-Nadir was among the fay Allah granted to His Messenger without the Muslims deploying horses or camels against it. From it he kept a year supply for his household, and the remainder went toward mounts and weapons as preparation in the cause of Allah.

Aishah reported that Fatimah sent to Abu Bakr asking for her inheritance from the Prophet property held as charity and from what remained of the fifth from Khaybar. Abu Bakr said: The Messenger of Allah said: We are not inherited from; what we leave is charity.

Ata said regarding the words of Allah, Exalted is He: Know that whatever you take as spoils, a fifth of it belongs to Allah, the Messenger, and near relatives. He said: The share of Allah and the share of His Messenger are one. The Messenger of Allah would provide mounts from it, give from it, allocate it as he wished, and do with it as he wished.

Qays ibn Muslim said: I asked al-Hasan ibn Muhammad about the words of Allah, Exalted is He: Know that whatever you take as spoils, a fifth of it belongs to Allah. He said: These are the opening words of Allah; this world and the Hereafter belong to Allah. He said: After the Messenger of Allah died, people differed about the two shares: the share of the Messenger and the share for near relatives. Some said the Messengers share went to the successor after him; others said the share for near relatives went to the Messengers kin, while others said it went to the successors kin. They ultimately agreed to spend both shares on horses and equipment in the cause of Allah, as was done during the caliphates of Abu Bakr and Umar.

Musa ibn Abi Aishah said: I asked Yahya ibn al-Jazzar about the verse: Know that whatever you take as spoils, a fifth of it belongs to Allah and the Messenger. I asked how much of the fifth the Prophet received. He replied: One fifth of the fifth.

Mutarrif said: Al-Shabi was asked about the Prophets share and his select portion. He replied: The Prophets share was like that of any Muslim man; as for the select portion, it was a choice item selected from whatever he wished.

Yazid ibn al-Shikhkhir said: While I was with Mutarrif at al-Mirbad, a man came carrying a piece of leather and said: The Messenger of Allah wrote this for me. Can anyone read it? I said that I could. It read: From Muhammad, the Prophet, to Banu Zuhayr ibn Uqays: If you testify that there is no god but Allah and that Muhammad is the Messenger of Allah, dissociate yourselves from the polytheists, and acknowledge the fifth from your spoils, along with the share and select portion of the Prophet, then you are secure under the protection of Allah and His Messenger.

Mujahid said: The fifth designated for Allah and the Messenger was for the Prophet and his relatives, who took nothing from charity. The Prophet received one fifth of that fifth, and his relatives received one fifth of that fifth. The same was allotted to orphans, the poor, and the wayfarer.

The compiler, Abu Abd al-Rahman, comments: Allah, Most Glorious, says: Know that whatever spoils you acquire, one fifth belongs to Allah, the Messenger, near relatives, orphans, the poor, and the wayfarer. The words “for Allah” begin the statement, since all things belong to Allah. Perhaps the verse begins by mentioning Him in connection with fay and the fifth because these are the noblest earnings; charity is not attributed to Him because it is the people impurities. Allah knows best. It has been said that something is taken from the spoils and placed in the Kaaba as the share for Allah. The Messengers share goes to the imam, who buys mounts and weapons with it and gives to those he considers beneficial to the Muslim community, including people of hadith, knowledge, jurisprudence, and Quran. The share for near relatives goes to Banu Hashim and Banu al-Muttalib, rich and poor alike. Another view limits it to their poor, as with orphans and wayfarers; this seems more correct to me, and Allah knows best. Young and old, male and female, are equal, because Allah assigned this share to them and the Messenger of Allah distributed it among them; the report does not indicate preference of some over others. As far as we know, scholars do not disagree that if someone bequeaths a third of his estate to a named clan, it is shared equally among them, with men and women equal when they can be counted, unless the donor specifies otherwise. Allah grants success. There is also a share for Muslim orphans, a share for the Muslim poor, and a share for Muslim wayfarers. No one should receive both a poor persons share and a wayfarers share; he should be told to choose either one. The imam distributes the remaining four fifths among the adult Muslims who took part in the fighting.

Malik ibn Aws ibn al-Hadathan reported: Al-Abbas and Ali came to Umar in a dispute. Al-Abbas said: Judge between us. The people said: Decide between them. Umar replied: I will not decide between them; they both know that the Messenger of Allah said: We are not inherited from; whatever we leave is charity. Al-Zuhri added: The Messenger of Allah administered this property, taking his family yearly provisions from it and directing the remainder as he directed other communal property. Abu Bakr administered it after him, then I administered it after Abu Bakr and did as he had done. Then these two came to me, asking me to hand it over to them so they could administer it as the Messenger of Allah, Abu Bakr, and I had done. I handed it over and took their pledges. Later they came back: one said, Give me my share through my brothers son; the other said, Give me my share through my wife. If they want me to hand it to them on condition they administer it as the Messenger of Allah, Abu Bakr, and I did, I will do so; if they refuse, they can leave it in my care.

Umar then recited: Know that whatever spoils you acquire, one fifth belongs to Allah, the Messenger, near relatives, orphans, the poor, and the wayfarer (Quran 8:41). This is for these recipients. And the obligatory charities are only for the poor, the needy, those employed to collect them, those whose hearts are to be reconciled, emancipation of slaves, debtors, and the cause of Allah (Quran 9:60). These are its recipients. As for what Allah granted His Messenger as fay without your deploying horses or camels against it (Quran 59:6), al-Zuhri said this applied specifically to the Messenger of Allah, including Arab settlements such as Fadak. What Allah granted His Messenger from the people of the townships belongs to Allah, His Messenger, near relatives, orphans, the poor, and the wayfarer (Quran 59:7), and to the poor Emigrants who were expelled from their homes and property; those who had settled in the abode and faith before them; and those who came after them (Quran 59:8–10). This verse encompasses the people, so no Muslim is without a right—or, he said, a share—in this property, except some of the enslaved people under your ownership. If I live, Allah willing, I will give every Muslim his right—or, he said, his share.