Chapter Four – Discussion Concerning Fadak

A list of Shia books written on the Fadak issue in chronological order
January 30, 2018
Accusation: Sayyidah Aisha harboured enmity for Sayyidina ‘Uthman and commanded, “Kill Na’thal as he has disbelieved.”
February 14, 2018

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Ayat Bayyinat

Part 4

Nawab Muhsin al Mulk Sayed Muhammad Mahdi Ali Khan

 

Discussion concerning Fadak

We will now begin the actual discussion about Fadak. We will mention the following in this discussion:

  1. The reality of Fadak, its boundaries, and income.
  2. How did Fadak come into the possession of Rasulullah salla Llahu ‘alayhi wa sallam?
  3. The meaning of Fay’ and its recipients.
  4. Did Rasulullah salla Llahu ‘alayhi wa sallam gift Fadak to Sayyidah Fatimah radiya Llahu ‘anha or not?
  5. Did Sayyidah Fatimah radiya Llahu ‘anha claim the gifting of Fadak to her in the presence of Sayyidina Abu Bakr radiya Llahu ‘anhu or not?

 

The Reality of Fadak, its Boundaries, and Income

  • It appears in al Qamus that Fadak is a village in Khaybar.
  • It is documented in Misbah al Lughat that it is a city, located at a distance of a two day journey from Madinah and one manzil from Khaybar.
  • Lisan al ‘Arab contains that Fadak is a village in Hijaz.
  • Azhari says that it is a village in Khaybar.
  • Some say that it is located on one side of Hijaz. It contains springs and date-palms. Allah subhanahu wa ta ‘ala gave it to Rasulullah salla Llahu ‘alayhi wa sallam as Fay’.
  • It appears in Marasid al Itla’ ‘ala Asma al Amkinah wa al Biqa’[1] that Fadak is a village in Hijaz situated at a distance of a two or three day journey from Madinah which Allah subhanahu wa ta ‘ala awarded His Messenger salla Llahu ‘alayhi wa sallam as Fay’ since it was conquered after sulh (conciliation). It has springs and date-palms.
  • Mujam al Buldan[2] says that Fadak is a village in Hijaz at a distance of a two day journey from Madinah. Some narrations say a three day journey. This village fell into the hands of Rasulullah salla Llahu ‘alayhi wa sallam, after a sulh, during the 7th year of hijrah. It has plenty springs of water and date-palms.
  • It is written in Fath al Bari that it is a town situated at a distance of a three day journey from Madinah.[3]

 

Al Shustari states in Ihqaq al Haqq that the author of Ibtal al Batil says that Fadak was one of the villages of Khaybar. However, this is a lie. This is due to the fact that the author of Jami’ al Usul has reported from Malik ibn Aws that among the proofs Sayyidina ‘Umar radiya Llahu ‘anhu furnished was that a third of the spoils of Banu Nazir, Khaybar, and Fadak belonged to Rasulullah salla Llahu ‘alayhi wa sallam.

Dildar ‘Ali, author of ‘Imad al Islam quotes from Ibn Abi al Hadid — the Mu’tazili — the reality of Fadak just as Qadi has mentioned.[4]

 

The boundaries of Fadak according to the Shia

The incident the Shia have mentioned about the boundaries of Fadak and its designation is as follows.

Mulla Baqir al Majlisi narrates on the authority of ‘Abdullah ibn Sinan who relates from Imam Jafar al Sadiq rahimahu Llah:

Rasulullah salla Llahu ‘alayhi wa sallam was sitting in the house of Fatimah when Jibril appeared and said, “O Muhammad! Stand up. Allah subhanahu wa ta ‘ala has instructed me to outline the boundary of Fadak for you with my wings.”

Accordingly, Rasulullah salla Llahu ‘alayhi wa sallam stood up and left with Jibril and returned after a short while. Upon Fatimah’s enquiry, Rasulullah salla Llahu ‘alayhi wa sallam said, “Jibril ‘alayh al Salam sketched out for me the boundaries of Fadak with his wings.”[5]

Regretfully, we are unaware of any narration of the Imamiyyah attributed to any of their Imams which describes the area Jibril ‘alayh al Salam designated with his wings. Was it confined to that city, town, or village situated at a distance of a two or three day journey from Madinah? Or were those boundaries designated which appear in the narration of Imam Musa al Kazim; viz. one boundary in ‘Adn, the second in Samarqand, the third in Africa, and the fourth at the sea of Arminiyah hearing which Harun al Rashid exclaimed, “This encompasses the whole world!” The narration goes as follows:

Mulla Baqir al Majlisi narrates from al Manaqib of Ibn Shaharashub that Harun al Rashid told Imam Musa al Kazim to take Fadak. However, the Imam refused. Whenever Harun al Rashid bade him to take possession of Fadak, he would refuse. At the end, when he insisted, Imam Musa said, “I will only take it on condition that it is handed over wholly, with all its boundaries.”

Harun al Rashid said, “Okay, then tell me the boundaries.”

Imam Musa said, “If I describe the boundaries to you, you will never be able to give it.”

Harun Rashid submitted, “I take an oath on your grandfather that I will most definitely hand it over.”

Imam Musa then explained, “Its first boundary is ‘Adn.”

Hearing this, Harun al Rashid’s face changed.

He continued, “Its second boundary is Samarqand,” hearing which Harun al Rashid’s face began changing colour.

The Imam continued, “Its third boundary is Africa.”

Harun al Rashid’s face became black upon hearing this.

The Imam then concluded, “Its fourth boundary is the shore of the ocean bordering Arminiyah.”

Harun Rashid exclaimed, “You have left absolutely nothing for us.”

Imam Musa said, “I told you beforehand that if I tell you its boundaries, you will never be able to hand it over.”

After this, Harun al Rashid, intended to assassinate him.[6]

 

After recording this narration, Mulla Baqir al Majlisi writes:

The narration of Ibn Asbat mentions the first boundary as ‘Arish Misr (Egypt), the second as Dawmat al Jandal, the third as Uhud, and the fourth as the ocean. Upon this Harun al Rashid, exclaimed, “This encompasses the whole world.”

Imam Musa explained, “This fell into the possession of the Jews after the death of Abu Halah. Thereafter, Allah subhanahu wa ta ‘ala and His Messenger took possession of it by way of Fay’ without any battle or fight and Allah subhanahu wa ta ‘ala commanded Rasulullah salla Llahu ‘alayhi wa sallam to give it to Fatimah.”

 

Al Majlisi then says that these two boundaries are contradictory to what Lughat Nawisu has mentioned. He then provides the answer to this by asserting that probably the Imam’s purport was that all of these were included in the ruling of Fadak. Although, the claim was for all, the word Fadak was used to refer to it all.

We have quoted here the narration that outlines the boundaries of Fadak which the Shia narrate, for it seems as if Fadak and Caliphate are synonymous according to them. Everything the Muslims owned was included under Fadak and that was exactly what Sayyidah Fatimah radiya Llahu ‘anha claimed.

However, the reality is something else, as we have expounded by quoting our narrations. Fadak is only a small hamlet and its boundaries were known to be limited and recognised just as the boundaries of other villages and towns. Rasulullah salla Llahu ‘alayhi wa sallam handed over the administration of it to those from whom it was taken sulhan (after conciliation; without war). It was decided that it will be split half between Rasulullah salla Llahu ‘alayhi wa sallam and them. Subsequently, people would go there every year on behalf of Rasulullah salla Llahu ‘alayhi wa sallam, evaluate or estimate the produce and bring Rasulullah’s salla Llahu ‘alayhi wa sallam half. Rasulullah salla Llahu ‘alayhi wa sallam would set aside a portion from the produce and grain that would come from there for his family and household and would distribute the rest among the Muslims.

On the other hand, the Shia claim that the income every year was 24000 gold coins[7] as asserted by al Majlisi in Hayat al Qulub. He writes that Rasulullah salla Llahu ‘alayhi wa sallam made a covenant with the residents of Fadak that they will send 24000 gold coins each year. The author of Tash’id al Mata’in writes that Abu Dawood documents in his Sunan that when ‘Umar ibn ‘Abdul ‘Aziz became Khalifah, the income from Fadak at that time was 40000 gold coins.

 

How did Fadak come into Rasulullah’s salla Llahu ‘alayhi wa sallam possession?

Hafiz Ibn Hajar writes in Fath al Bari[8] that all the historians have recorded the incident of how Fadak fell into the hands of Rasulullah salla Llahu ‘alayhi wa sallam. The residents of Fadak were Jews. After Khaybar was conquered, they sent a message to Rasulullah salla Llahu ‘alayhi wa sallam that he should grant them amnesty and they will leave the city. Abu Dawood relates from al Zuhri that some people of Khaybar locked themselves up in a fort. They requested Rasulullah salla Llahu ‘alayhi wa sallam to forgive them and allow them to leave. Rasulullah salla Llahu ‘alayhi wa sallam acceded to their request and acted accordingly. Abu Dawood relates from Ibn Shihab that Rasulullah salla Llahu ‘alayhi wa sallam sieged the remainder of the people of Khaybar. During this period, the people of Fadak and some other selected villages came to a compromise and settlement with him.

It is written in al Tafsir al Kabir[9] in the reason behind the revelation of the verse:

 

وَمَا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْهُمْ

And what Allah restored [of property] to His Messenger from them[10]

 

This verse is regarding Fadak since its residents were exiled and all their villages and wealth fell into the possession of Rasulullah salla Llahu ‘alayhi wa sallam without any battle. Rasulullah salla Llahu ‘alayhi wa sallam would take out the expenditure for himself and his family from the produce of Fadak and spend the remainder on weapons, etc.

Imam Abu al ‘Abbas Ahmed ibn Yahya al Baladhuri writes in Futuh al Buldan that Usamah ibn Zaid reports from Ibn Shihab who in turn reports from Malik ibn Aws that Sayyidina ‘Umar ibn al Khattab radiya Llahu ‘anhu said:

 

Rasulullah salla Llahu ‘alayhi wa sallam had 3 safaya. (Safaya refers to that wealth or item which the Imam sets aside for himself from the booty.)

  1. The wealth of Banu Nadir
  2. Khaybar
  3. Fadak

Rasulullah salla Llahu ‘alayhi wa sallam set aside the wealth of Banu Nadir for his necessities, Fadak was allocated for the travellers, and Khaybar was divided into three; two thirds were divided among the Muslims and the third portion was reserved for himself and his family. Whatever remained after spending on his family was given to the poor Muhajirin.[11]

 

The same book contains a narration that the people said:

 

While Rasulullah salla Llahu ‘alayhi wa sallam was returning from Khaybar, he despatched Muhayyisah ibn Mas’ud al Ansari radiya Llahu ‘anhu to the people of Fadak to invite them to Islam. Their leader was a Jewish man by the name Yusha’ ibn Nun. The Jews settled on handing half the land to Rasulullah salla Llahu ‘alayhi wa sallam. The Muslims did not attack them on steeds, hence this portion was exclusively for Rasulullah salla Llahu ‘alayhi wa sallam which he would spend on the travellers visiting him. The people of Fadak remained there until Sayyidina ‘Umar radiya Llahu ‘anhu assumed the position of khalifah. He exiled the Jews from Hijaz. He despatched Abu al Haytham Malik ibn Tihan al Ansari, Suhayl ibn Abi Khaythamah al Ansari, and Zaid ibn Thabit al Ansari radiya Llahu ‘anhum to Fadak. They honestly estimated the value of half of the land and gave them the equivalent in money. Thereafter, they exiled them to Syria.[12]

 

Similar narrations appear in Tarikh al Tabari, and Tarikh Kamil Ibn Athir. We will reproduce their original texts in the footnotes.[13]

Al Shustari with reference to Mujam al Buldan, authored by Yaqut al Himawi, has written that in the seventh year of hijrah Allah subhanahu wa ta ‘ala awarded his Rasul Fadak as Fay’ upon conciliation. The incident is as follows:

 

When Rasulullah salla Llahu ‘alayhi wa sallam reached Khaybar and conquered its forts, then only a third of the people remained. The severity of the siege began to tell on them, so they sent a man to Rasulullah salla Llahu ‘alayhi wa sallam begging him to allow them to leave. Rasulullah salla Llahu ‘alayhi wa sallam acceded to their request. This news reached the residents of Fadak who sent an envoy to Rasulullah salla Llahu ‘alayhi wa sallam asking him to settle on half the wealth and fruits. Rasulullah salla Llahu ‘alayhi wa sallam accepted this request as well. In this instance, steeds of war and camels were not instrumental in the conquest. Therefore, it was solely for Rasulullah salla Llahu ‘alayhi wa sallam.

 

The manner in which Fadak fell into the hands of Rasulullah salla Llahu ‘alayhi wa sallam appears in Bihar al Anwar as narrated by Imam Jafar al Sadiq rahimahu Llah in the following way:

 

Rasulullah salla Llahu ‘alayhi wa sallam went on a Jihad campaign. While Rasulullah salla Llahu ‘alayhi wa sallam was returning therefrom and stopped at a place, others were with Rasulullah salla Llahu ‘alayhi wa sallam at the time, Jibril ‘alayh al Salam descended upon Rasulullah salla Llahu ‘alayhi wa sallam and rolled the earth just as a cloth is rolled until he reached Fadak. When the inhabitants of Fadak heard the sound of horses, they thought that an enemy of theirs is about to attack them, so they closed the doors of the city. They handed the keys over to an old woman living on the outskirts of the city and climbed the mountain. Jibril ‘alayh al Salam came to the old woman, took the keys from her, and opened the doors of the city. Rasulullah salla Llahu ‘alayhi wa sallam toured every house there. Jibril then said, “O Muhammad! This is what Allah has exclusively given you, to the exclusion of all others. This is the meaning of Allah’s words:

وَمَا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ

And what Allah restored [of property] to His Messenger.[14]

Jibril ‘alayh al Salam thereafter closed the doors and handed over the keys to Rasulullah salla Llahu ‘alayhi wa sallam who put them in the sheathe of his sword which was attached to his luggage. Rasulullah salla Llahu ‘alayhi wa sallam then mounted his conveyance and the earth was rolled up for him until he reached the caravan [of Muslims]. People were still sitting at their places; they had not moved yet or gone anywhere. Just then, Rasulullah salla Llahu ‘alayhi wa sallam announced, “I went to Fadak and Allah subhanahu wa ta ‘ala gave it to me as booty.”

The hypocrites began gesturing to one another. Rasulullah salla Llahu ‘alayhi wa sallam then said, “These are the keys to Fadak.”

He took them out of his sheathe and displayed them. The people then mounted and departed. As soon as they reached Madinah, Rasulullah salla Llahu ‘alayhi wa sallam went to Fatimah and said, “O my daughter! Allah subhanahu wa ta ‘ala gave your father Fadak as booty. It belongs exclusively to your father, to the exclusion of other Muslims. I can do as I please with it.”[15]

 

Al Majlisi narrates an even more surprising and astonishing narration from Tafsir Furat ibn Ibrahim. This narration totally suits his nature. He wants to show that Fadak came into the possession of Rasulullah salla Llahu ‘alayhi wa sallam with the help of Sayyidina ‘Ali radiya Llahu ‘anhu and after some leaders of Fadak were killed. He wishes to implicitly establish Sayyidina ‘Ali’s radiya Llahu ‘anhu right over Fadak. The narration goes as follows.

 

Zayn ibn Muhammad ibn Jafar ‘Alawi, reports from Muhammad ibn Marwan, from ‘Ubaid ibn Yahya, from Muhammad ibn ‘Ali ibn al Hussain rahimahu Llah:

Jibril ‘alayh al Salam entered the presence of Rasulullah salla Llahu ‘alayhi wa sallam. Rasulullah salla Llahu ‘alayhi wa sallam wore his armour and saddled his horse. Sayyidina ‘Ali radiya Llahu ‘anhu also wore his armour and saddled his horse. Then in the middle of the night both ventured out to somewhere no one knew and to where Allah wished to take them. Finally, they reached Fadak. Just then, ‘Ali submitted to Rasulullah salla Llahu ‘alayhi wa sallam, “I will carry you and proceed?”

Rasulullah salla Llahu ‘alayhi wa sallam replied, “No, I will carry you instead.”

Rasulullah salla Llahu ‘alayhi wa sallam then lifted ‘Ali onto his shoulders and proceeded until they reached the outskirts of the fort of Fadak. ‘Ali entered the fort from there holding Rasulullah’s salla Llahu ‘alayhi wa sallam sword. ‘Ali then advanced and called out the adhan and the takbir, hearing which the people of the fort became scared and exited the doors. Rasulullah salla Llahu ‘alayhi wa sallam then came to them followed by ‘Ali. ‘Ali killed 18 of their leaders and seniors after which the rest of them surrendered. Rasulullah salla Llahu ‘alayhi wa sallam placed their children in front of him and placed their wealth and commodities on their necks and took them to Madinah. Thus, no one used any effort in conquering Fadak. That is why Fadak is exclusively for him and his progeny, the Muslims have no share therein.[16]

 

In short, it is accepted by both parties that Fadak is included in the wealth known as Fay’. We thought it appropriate to explain the meaning and recipients of Fay’.

 

The meaning of Fay’ and its recipients

It appears in Lisan al ‘Arab:

 

الفيء الغنيمة و الخراج و هو ما حصل للمسلمين من أموال الكفار من غير حرب و لا جهاد و أصل الفيء الرجوع كأنه كان في الأصل لهم فرجع إليهم و منه قيل الظل الذي يكون بعد الزوال فيء لأنه يرجع من جانب الغرب إلى جانب الشرق

Fay’ is that booty and tax which the Muslims acquire from the wealth of the kuffar without war, or jihad. Fay’ originally means to return. As if it was originally for the Muslims, and now it returned to them. From this perspective, the shadow which appears after zenith is called fay’ since it returns from the West to the East.

 

The word Fay’ has been extracted from the glorious Qur’an. Who is it exclusively for and whom are its recipients has been mentioned in detail in the following verse of Surah al Hashr. Allah subhanahu wa ta ‘ala declares:

 

وَمَا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلٰكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلىٰ مَنْ يَشَاءُ ۚ وَاللَّهُ عَلىٰ كُلِّ شَيْءٍ قَدِيْرٌ مَّا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْ أَهْلِ الْقُرىٰ فَلِلَّهِ وَلِلرَّسُوْلِ وَلِذِي الْقُرْبىٰ وَالْيَتَامىٰ وَالْمَسَاكِيْنِ وَابْنِ السَّبِيْلِ

And what Allah restored [of property] to His Messenger from them – you did not spur for it [in an expedition] any horses or camels, but Allah gives His messengers power over whom He wills, and Allah is over all things competent. And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller.[17]

 

It is written in the commentary of this verse in al Tafsir al Kabir [18]:

 

Mubarrad says that faa yafiu is said when something returns. When Allah subhanahu wa ta ‘ala returns something, He says afaa Allah.

Azhari explains that Fay’ refers to that wealth of the enemy which Allah gives the Muslims without a fight. There are many ways this could happen.

  1. The enemy run away from their land, leaving it for the Muslims.
  2. They come to a compromise on Jizyah which they will pay on behalf of every person.
  3. Or they give in lieu anything else besides Jizyah for the protection of their lives. For instance, the Banu Nadir made an agreement with Rasulullah salla Llahu ‘alayhi wa sallam that every three men will load a camel with whatever they can, excluding weapons, and will leave the rest behind. The wealth that remained is known as Fay’.

This is the wealth which Allah subhanahu wa ta ‘ala diverted from the kuffar to the Muslims.

The pronoun in minhum (from them) refers to the Jews and the Banu Nadir.

Fa ma awjaftum (you did not spur). This comes from wajafa al faras al ba’ir yajifu wajfan wa wajifan which means to move swiftly. When anyone spurs someone to move swiftly, then it is said awjafa sahibah, (he prodded his companion/animal).

The pronoun in ‘alayh (for it) refers back to ma afaa Allah.

Min khayl wa la rikab (any horses or camels). Rikab refers to camels. The Arabs refers to a camel rider as rakib, and a horse rider as faris.

 

The meaning of this verse is that the Sahabah radiya Llahu ‘anhum requested Rasulullah salla Llahu ‘alayhi wa sallam to distribute the wealth of Fay’ among them just as he distributes Ghanimah (booty). Upon this, Allah subhanahu wa ta ‘ala revealed verses explaining the difference between the two. Ghanimah is that wealth which you laboured for and attacked on horseback and camelback, while Fay’ is different in the sense that you did not work for it. Thus, this will remain in Rasulullah’s salla Llahu ‘alayhi wa sallam possession; he may do with it as he pleases.

Imam Razi writes in the commentary of this verse that if the verse refers to the wealth of the Banu Nadir, then the question arises that their wealth was seized after fighting, which follows that it ought to be Ghanimah, not Fay’. He then explains that the Mufassirin give two answers.

  1. This verse does not pertain to the villages of Banu Nadir, but rather to Fadak.
  2. Although it applies to the wealth of Banu Nadir. However, when the battle took place the Muslims did not have any horses or camels nor did they travel. They enemy lived 2 miles away from them so the Muslims walked to their forts. Only Rasulullah salla Llahu ‘alayhi wa sallam was mounted on a camel. Moreover, there was not much fighting and camels were not present at all. Therefore, Allah subhanahu wa ta ‘ala declared its acquisition similar to the acquisition without a fight and declared the wealth solely for Rasulullah salla Llahu ‘alayhi wa sallam.
 

Nevertheless, it appears in a narration that Rasulullah salla Llahu ‘alayhi wa sallam distributed the wealth among the Muhajirin and only gave three men of the Ansar who were needy viz. Abu Dujanah, Sahl ibn Hanif, and Harith ibn Simmah radiya Llahu ‘anhum.

With regards to the wealth that came into the possession of Rasulullah salla Llahu ‘alayhi wa sallam and the Khulafaʾ and Imams after his demise, it is necessary to explain in detail its reality, its types, and its recipients so that the difference between Fay’ and other types of wealth e.g. Ghanimah, etc., becomes evident. Moreover, to determine whether the usage of Rasulullah salla Llahu ‘alayhi wa sallam and the Khulafa’ was due to possession or administration. We will explain these points here.

It should be remembered that majority of the time, the word sadaqah, or sadaqat when used in the glorious Qur’an and the ahadith has two meanings. One is general and the other specific. Sometimes it is used in its general meaning referring to that wealth which is collected and spent for the benefit of the Muslims, mobilisation of the army, and other work. This meaning includes sadaqah, Zakat, wealth with no heirs, fifth of the booty, Kharaj (tax), and Fay’. At other times, it is used in its specific meaning referring to Zakat and istilahi sadaqah (i.e. wajib charity). The sadaqah which is prohibited for the Ahlul Bayt of Rasulullah salla Llahu ‘alayhi wa sallam is the specific sadaqah, i.e. Zakat and wajib sadaqah.

The wealth that came into Rasulullah’s salla Llahu ‘alayhi wa sallam possession is of three types.

  1. Zakat
  2. Ghanimah (booty)
  3. Fay’

Sadaqah is used to refer to Zakat at times. Its mention appears in Surah al Tawbah where the recipients of Zakat have been listed.

Booty is that wealth which is acquired after war. It is also referred to as anfal and has been mentioned in Surah al Anfal.

Allah subhanahu wa ta ‘ala states regarding the recipients of Zakat:

 

إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِيْنِ وَالْعَامِلِيْنَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوْبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِيْنَ وَفِيْ سَبِيْلِ اللَّهِ وَابْنِ السَّبِيْلِ فَرِيْضَةً مِّنَ اللَّهِ وَاللَّهُ عَلِيْمٌ حَكِيْمٌ

Zakat expenditures are only for the poor and for the needy and for those employed to collect [Zakat] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveller – an obligation [imposed] by Allah. And Allah is Knowing and Wise.[19]

 

Only the following are deserving of Zakat:

  1. Faqir, i.e. those poor people who do not beg.
  2. Miskin, i.e. those poor people who beg.
  3. Those appointed to collect Zakat.
  4. Those whose assistance can be used in jihad. Softening their hearts is the objective.
  5. To free slaves.
  6. To pay off the debts of the debtors.
  7. In the path of Allah, e.g. Jihad, etc.
  8. The travellers.
 

Some munafiqin levelled objections against Rasulullah’s salla Llahu ‘alayhi wa sallam manner of distributing Zakat. They objected by saying that Rasulullah salla Llahu ‘alayhi wa sallam takes wealth from the wealthy and gives his relatives and friends as he pleases and does not observe justice. Consequently, Allah subhanahu wa ta ‘ala revealed this verse explaining the recipients of Zakat to confirm that Rasulullah salla Llahu ‘alayhi wa sallam has no connection to it. He does not take anything for himself, nor does he give anything to his relatives or friends. Rasulullah salla Llahu ‘alayhi wa sallam is a trustee and treasurer and divides it according to Allah’s subhanahu wa ta ‘ala command.

 

فكان عليه الصلوة و السلام يقول ما أعطيكم شيئا و لا أمنعكم إنما أنا خازن أضع حيث أمرت

Rasulullah salla Llahu ‘alayhi wa sallam would declare, “I do not give you anything nor withhold from you anything. I am only a trustee. I spend as I am instructed.”

 

Allah subhanahu wa ta ‘ala mentions Ghanimah in the beginning of Surah al Anfal:

 

يَسْأَلُوْنَكَ عَنِ الْأَنفَالِ قُلِ الْأَنْفَالُ لِلَّهِ وَالرَّسُوْلِ فَاتَّقُوا اللَّهَ وَأَصْلِحُوْا ذَاتَ بَيْنِكُمْ وَأَطِيْعُوا اللَّهَ وَرَسُوْلَهُ إِنْ كُنْتُمْ مُّؤْمِنِيْنَ

They ask you, [O Muhammad], about the bounties [of war]. Say, “The [decision concerning] bounties is for Allah and the Messenger.” So fear Allah and amend that which is between you and obey Allah and His Messenger, if you should be believers.[20]

 

This verse was revealed concerning the booty obtained during the Battle of Badr. Since Badr was the first battle and this was the first booty which the Muslims obtained, there was some argument regarding it. It is mentioned in Ma’alim al Tanzil, etc., that the reason for the argument was that in the era of ignorance, the procedure was that the leader of the army would first take what he wanted for himself. What he took was called safi[21]. A fourth was then given to the army general and the rest was distributed among the warriors. Whatever a person seized himself, he would understand it to be his possession. In this way, the strong and sturdy would oppress the weak by taking all the fine wealth for themselves. Keeping this in mind, a dispute arose regarding the booty. And since no command had been revealed yet concerning booty, the people submitted, “O Rasulullah salla Llahu ‘alayhi wa sallam! Take a fourth and safi (what you want) for yourself from the booty and allow us to distribute the rest.” Upon this, Allah subhanahu wa ta ‘ala revealed the verse announcing that the booty did not belong to anyone. It belongs to Allah subhanahu wa ta ‘ala and His Messenger salla Llahu ‘alayhi wa sallam, so do not dispute over it.

It should be clearly understood that the meaning of

اَلْأَنفَالُ لِلَّهِ وَالرَّسُوْلِ

Bounties are for Allah and the Messenger

 

does not mean that half belongs to Allah and the other half belongs to Rasulullah salla Llahu ‘alayhi wa sallam. The purport is that the wealth belongs to Allah, and Rasulullah salla Llahu ‘alayhi wa sallam is the trustee and distributor. Mention of Rasulullah salla Llahu ‘alayhi wa sallam does not mean that it belongs solely to Rasulullah salla Llahu ‘alayhi wa sallam. Instead, such speech is used to show the possession of Allah alone. And the object of declaring it Allah’s subhanahu wa ta ‘ala wealth is so that no one has a claim over it. Rather, it will be distributed as instructed by Allah subhanahu wa ta ‘ala. In the 41st verse of the same Surah, Allah subhanahu wa ta ‘ala commanded:

 

وَاعْلَمُوْا أَنَّمَا غَنِمْتُمْ مِّنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُوْلِ وَلِذِي الْقُرْبىٰ وَالْيَتَامىٰ وَالْمَسَاكِيْنِ وَابْنِ السَّبِيْلِ

And know that anything you obtain of war booty – then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller.[22]

 

Four fifths will be distributed among those who physically fought or were active in posts related to fighting.

The words: for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller clearly establish that Allah did not apportion a share specifically for Rasulullah salla Llahu ‘alayhi wa sallam as the leader of the army as in the days of ignorance. Rather, Allah subhanahu wa ta ‘ala destroyed the practice of ignorance and established khumus (the fifth) which will be spent firstly on Rasulullah’s salla Llahu ‘alayhi wa sallam and his family’s needs. That which remains will be spent on the orphans, the needy, and travellers. Allah subhanahu wa ta ‘ala wished to highlight the fact that He only commanded His Messenger to fight the kuffar in order to defend Islam, protect the Muslims, and raise the banner of Allah’s Word. His Messenger is pure and free from appropriating wealth, acquiring power and authority, usurping wealth and commodities, and the love for fame. It follows, that Rasulullah salla Llahu ‘alayhi wa sallam was not allowed to take any share for himself or allot any land for himself or for his relatives as was the practice in the days of ignorance or is the practice of normal army generals of the world today. To the contrary, the orphans, needy, traveller, and his family members were all partners in the fifth of the booty. He was appointed as a trustee to spend the wealth to assist them, take care of them, and fulfil their needs. Considering this fact, no staunch enemy of Islam can ever object to Rasulullah salla Llahu ‘alayhi wa sallam of sensuality, love for fame, appropriation, etc. In fact, he will have conviction that Islam is the true religion of Allah subhanahu wa ta ‘ala and its commands are not for the benefit or luxury of certain individuals, even though he be the Messenger of Allah. He was appointed to spend on his family’s basic needs, and then on the orphans, needy, and travellers; keeping nothing for himself. Accordingly, whatever would come to him as fifth of the booty, he would use a small portion of it for his needs and spend the rest in the path of Allah subhanahu wa ta ‘ala. And this fact is evident from his biography and practice. He would not keep anything for the morrow. If anything remained behind, he would be restless until it was spent in the path of Allah. And Allah knows best where to place His Message.

 

The following is written in Tafsir al Safi:

 

قل الأنفال لله و الرسول مختصة بهما يضعانها حيث شاء

Say: Bounties are for Allah and the Messenger. This is exclusively for them. They may spend it as they wish.

 

It appears in al Tahdhib from Imam al Baqir and Imam Jafar al Sadiq rahimahu Llah that Fay’ and Anfal refer to that wealth which was obtained without bloodshed, after a compromise was reached. Fay’ and Anfal is the same thing. The verses that apply to Fay’ are in Surah al Hashr. The first verse is:

 

وَمَا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلٰكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلىٰ مَنْ يَشَاءُ وَاللَّهُ عَلىٰ كُلِّ شَيْءٍ قَدِيْرٌ

And what Allah restored [of property] to His Messenger from them – you did not spur for it [in an expedition] any horses or camels, but Allah gives His messengers power over whom He wills, and Allah is over all things competent.[23]

 

The second verse explains the recipients of Fay’:

 

مَّا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْ أَهْلِ الْقُرىٰ فَلِلَّهِ وَلِلرَّسُوْلِ وَلِذِي الْقُرْبىٰ وَالْيَتَامىٰ وَالْمَسَاكِيْنِ وَابْنِ السَّبِيْلِ

And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller.[24]

 

The point of discussion concerning Fay’ is whether the wealth belonged to Rasulullah salla Llahu ‘alayhi wa sallam and was understood as his personal possession or was it in the administration of Rasulullah salla Llahu ‘alayhi wa sallam and he would spend it as Allah subhanahu wa ta ‘ala commanded, for the benefit of the Muslims and to fulfil other shar’i necessities. What is apparent from Rasulullah’s salla Llahu ‘alayhi wa sallam behaviour and conduct is that Rasulullah salla Llahu ‘alayhi wa sallam would spend it according to the command of Allah subhanahu wa ta ‘ala. He did not own it. He was not free to do as he pleased with it; spend on whomsoever he willed, and withhold from whomsoever he willed. Rather, he performed just as a slave is commanded; he spent as his Master instructed. Rasulullah salla Llahu ‘alayhi wa sallam himself announced this as appears in the hadith:

 

ما أعطيكم شيئا و لا أمنعكم إنما أنا خازن أضع حيث أمرت

I do not give you anything nor prevent you from anything. I am only a trustee. I spend as I am instructed.

 

The same thing is evident from the manner Rasulullah salla Llahu ‘alayhi wa sallam spent Fay’. Whatever produce came from those lands, Rasulullah salla Llahu ‘alayhi wa sallam would set aside one year’s suitable expenditure for himself and his family and spend the rest to buy conveyances and weapons for war. In short, Rasulullah’s salla Llahu ‘alayhi wa sallam usage of Fay’ was administrative, not possessive.

Allah’s subhanahu wa ta ‘ala declaration of it being for Rasulullah salla Llahu ‘alayhi wa sallam means that no other person’s share is in it, nor can it be distributed like booty. It will remain in the control of Rasulullah salla Llahu ‘alayhi wa sallam. He may use it for the benefit of Islam, to prepare armies, or fulfil the needs of the orphans, needy, and poor.

Rasulullah salla Llahu ‘alayhi wa sallam was faced with fighting the enemy and coming to compromises with them. Due to this, there was a great need of money for the administration of the Islamic state. The booty that would be obtained; four fifths were divided among the soldiers and only one fifth was used to fulfil all other needs, which did not prove sufficient. Hence, the wealth that was obtained without fighting the enemy was kept especially for Rasulullah’s salla Llahu ‘alayhi wa sallam usage so that he may execute the requisites of the Islamic state.

It is documented in Tafsir al Safi:

 

و في الجامع عن الصادق الأنفال كل ما أخذ من دار الحرب بغير قتال و كل أرض انجلى أهلها عنها بغير قتال و سماها الفقهاء فيئا و الأرضون الموات و الأجام و بطون الأودية و قطائع الملوك و ميراث من لا وارث له و هي لله و للرسول و لمن قام مقامه بعده

It appears in al Jami’ from al Sadiq: Anfal is everything taken from lands of war without any battle and every land from where the residents have been evicted without a battle. The Fuqaha’ have called it Fay’. Included herein are uncultivated lands, forests, valleys, feudal estates, and the inheritance of one who is not survived by any heirs. It belongs to Allah and His Messenger and to his successor after his demise.

 

This hadith also proves that Fay’ is not the personal possession but rather in the administration of Rasulullah salla Llahu ‘alayhi wa sallam to spend for the benefit of the state. As a result, it falls into the control of Rasulullah’s salla Llahu ‘alayhi wa sallam successor after his demise. Otherwise the following words of Imam Jafar al Sadiq rahimahu Llah will be meaningless:

 

هي لله و للرسول و لمن قام مقامه بعده

It belongs to Allah and His Messenger and to his successor after his demise.

 

Another narration recorded in al Kafi from Imam Jafar al Sadiq has the following:

 

الأنفال ما لم يوجف عليه بخيل و لا ركاب أو قوم صولحوا أو قوم أعطوا بأيديهم و كل أرض خربة و بطون الأودية فهو لرسول الله و هو للإمام من بعده يضعه حيث يشاء

Anfal: That which was not conquered by prodding horses or camels, or a nation with whom a compromise was reached, or a nation who surrendered, every uncultivated land, and valleys. They belong to Allah and the Messenger of Allah and the Imam after him; they may spend it as they wish.

 

This proves that Anfal and Fay’ are only under the administration of the Messenger and the Imam thereafter. Otherwise, Imam Jafar al Sadiq rahimahu Llah – had he believed in dividing Rasulullah’s salla Llahu ‘alayhi wa sallam inheritance as supposed by the Shia – he would not have said that after Rasulullah’s salla Llahu ‘alayhi wa sallam demise it will be the Imam’s. The word Imam itself indicates that the wealth reaches him because of his succession to Rasulullah salla Llahu ‘alayhi wa sallam, not due to inheritance. This occurs worldwide. From every king to every small mayor, whoever is in a position of leadership, has two angles to his job position. One is personal and the other is governmental, managerial, or administrative. Taking into consideration the first angle, all land which he is in charge of belongs solely to him. And looking at the second angle, all land, treasures, taxes, and other forms of income are understood to be part of the state and are kept in the bayt al mal, which is referred to as state property and the public treasury nowadays. The first type of wealth falls into his inheritance while the second type goes into the possession of his successor who will spend it according to certain established principles and laws.

In the commentary of the verse:

 

وَاعْلَمُوْا أَنَّمَا غَنِمْتُمْ مِّنْ شَيْءٍ

And know that anything you obtain of war booty[25]

 

The author of Tafsir al Safi writes the following regarding the recipients of the one fifth:

 

و في الكافي عن الرضا أنه سئل عن هذه الآية فقيل له فما كان لله فلمن هو فقال لرسول الله و ما كان لرسول الله فهو للإمام

It is narrated in al Kafi from al Rida that he was asked concerning this verse, “That which is for Allah, for whom is it?”

He replied, “It is for the Messenger of Allah, and whatever is for the Messenger of Allah is for the Imam.”

 

This clearly shows that it is not the personal and individual wealth of Rasulullah salla Llahu ‘alayhi wa sallam and cannot be distributed as inheritance. Instead, it goes to the Imam because he is the successor of the Messenger.

Tafsir al Qummi reports from the same source:

 

سهم الله و الرسول يرثه الإمام

Allah and the Messenger’s share will be taken by the Imam.

 

The reason for it being transferred to the Imam is that he is tasked with the same responsibilities as the Messenger, i.e. assisting the Muslims, settling debts, preparing weaponry and steeds for war, arranging and coordinating Hajj and Jihad, etc.

Al Qummi says:

 

و الخمس يقسم على ستة أسهم سهم لله و سهم لرسول الله و سهم للإمام فسهم الله و سهم الرسول يرثه الإمام فيكون للإمام ثلثة اسهم من ستة و ثلثة أسهم لأيتام آل الرسول و مساكينهم و أبناء سبيلهم و إنما صارت للإمام وحده من الخمس ثلاثة أسهم لأن الله تعالى قد ألزمه بما ألزم النبي من مؤونة المسلمين و قضاء ديونهم و حلهم في الحج و الجهاد

Khumus will be divided into six parts. One share for Allah, one for Rasulullah salla Llahu ‘alayhi wa sallam, and one for the Imam. Allah’s share and Rasulullah’s salla Llahu ‘alayhi wa sallam share will be taken by the Imam. Thus, the Imam will have three shares of the six. Three shares will be for the orphans of Rasulullah’s salla Llahu ‘alayhi wa sallam family, their needy, and their travellers. Three shares of the Khumus have been reserved solely for the Imam because Allah Ta’ala charged him with what he charged the Nabi salla Llahu ‘alayhi wa sallam viz. assisting the Muslims, settling their debts, and assisting them financially for Hajj and Jihad.

 

It is written in the tafsir book Manhaj al Sadiqin under the commentary of the verse, what Allah restored to his Messenger:

 

سوم فے است یعنی منجملہ اموالیکہ ائمہ و ولاۃ دراں تصرف دارند و آں مالے ست کہ کہ از کفار بہ مسلماناں منتقل شود بدون قتل و ایجاف خیل و رکاب و آں رسول رابا شد در حیات وی و بعذ از وی کسے را کہ قائم مقام وی باشد از ائمہ دینو ایشاں بہر کس کہ خواہند دہند و بہر چہ صلاح باشد صرف نمایند و ایں قول امیر المومنین است صلوۃ اللہ و سلامہ علیہ

Fay’ is that wealth which the Muslims acquire from the kuffar without a fight and without an attack by the cavalry. This wealth is for the Messenger during his lifetime and in the administration of that person after his demise who is his successor from the Imams of Din. He has the option to give whom he wills and spends where he feels appropriate. This is the declaration of Amir al Mu’minin radiya Llahu ‘anhu.

 

This declaration which has been quoted clearly shows that Rasulullah’s salla Llahu ‘alayhi wa sallam usage of the wealth was administrative, nor possessive. After his demise, it cannot be divided as inheritance. Instead, it falls into the management of his successor and Imam of the time.

The same author has written thereafter:

 

ابن عباس و عمر و فقہای ما براںد کہ مستحقان فے و خمس بنو ہاشم انداز فرزندان ابو طالب و عباس

It is unanimously agreed upon by our Fuqaha’ as well as Ibn ‘Abbas and Ibn ‘Umar that the Banu Hashim, i.e. the sons of Abu Talib and ‘Abbas are deserving of Fay’ and Khumus.

 

This proves that the Imamiyyah Fuqaha’ do not regard Fay’ as the personal wealth of Rasulullah salla Llahu ‘alayhi wa sallam or the Imam. They regard the entire Banu Hashim – referring to the sons of Abu Talib and ‘Abbas – deserving of it, not only the sons of Sayyidah Fatimah radiya Llahu ‘anha.

Without considering any narrations, ahadith, or statements, the glorious Qur’an itself affirms that Fay’ cannot be the personal belonging or individual lands of anyone specific. The verse that stipulates Fay’ for Allah, His Messenger, the orphans, the needy, and the travelers;

 

مَّا أَفَاءَ اللَّهُ عَلىٰ رَسُوْلِهِ مِنْ أَهْلِ الْقُرىٰ فَلِلَّهِ وَلِلرَّسُوْلِ وَلِذِي الْقُرْبىٰ وَالْيَتَامىٰ وَالْمَسَاكِيْنِ وَابْنِ السَّبِيْلِ

And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller.[26]

 

Inclusion of the last three categories reveal that this wealth is not someone’s personal wealth. Instead, it is given to look after these categories of people.

The example of this is like a king appointing a governor of a province over the produce/income and telling him its recipients. Undoubtedly, the governor can allot a share for his personal needs. However, he is charged with discharging the remainder among the recipients listed by the king in a manner he feels suitable. Appointing him over the funds does not mean that he becomes the individual owner of that wealth and he may spend it as he pleases without following the commands of the king, and thereafter leave it behind for his heirs to distribute it among themselves as inheritance. Similarly, Allah subhanahu wa ta ‘ala gave Fay’ into the management of Rasulullah salla Llahu ‘alayhi wa sallam and listed the recipients for him. This means that after fulfilling his basic needs, he should spend the rest on the relatives, orphans, needy, and travellers. Had this not been intended, but rather his sole ownership was intended then only the word li al rasul (for the Messenger) would have appeared without orphans, needy, and travellers attached to it. Allah subhanahu wa ta ‘ala has highlighted this very point just a few words further in the same verse stating:

كَيْ لَا يَكُوْنَ دُوْلَةً بَيْنَ الْأَغْنِيَاءِ مِنْكُمْ

So that it will not be a perpetual distribution among the rich from among you.[27]

 

We have given this directive so that Fay’ does not remain among the affluent, staying in their perpetual distribution. This will be the case when Fay’ becomes someone’s personal possession and it remains in his progeny. Accordingly, it is written in the commentary of this verse in Manhaj al Sadiqin:

 

حق سبحان آں را یعنی فے را خاصہ پیغمبر گدانید و قسمت آنرابر وجہیکہ مذکور شد مقرر ساخت و فرمود کہ بریں طریق کہ حکم فے نمودیم کیلا یکون تانبا شد آں فے دولۃ آں چیزے کہ متداول باشدست بدست گرداں بین الاغنیاء منکم میان توانگراں از شما کہ بآں مکاثرت کنید و بقوت و غلبہ زیادہ از حق خود بردارید و فقراء را اندک دہید یا محروم سازید چنانکہ در زمانہ جاہلیت بود

Allah exclusively assigned Fay’ for Rasulullah salla Llahu ‘alayhi wa sallam and determined its distribution. He commanded that this wealth of Fay’ should not be passed in the hands of people in this manner that the wealthy get a greater portion than they deserve due to their larger numbers and greater influence, leaving only a little for the poor or totally depriving them. This will then lead to the exact practice of the era of ignorance.

 

The same Mufassir writes thereafter:

 

خطاب باہل ایمان است غیراز پغمبر و اہل بیت وے صلوۃ اللہ علیہم اجمعین

Besides the Messenger and the Ahlul Bayt, the address is to all Muslims.

 

However, this statement has no sanad.

At the same time, it does not mean that this wealth is the personal belonging of Rasulullah salla Llahu ‘alayhi wa sallam or anyone from the Ahlul Bayt for inheritance to apply to it. Our viewpoint is further strengthened by what has been reported from ‘Alam al Huda in Tafsir Manhaj al Sadiqin that dhawi al qurba refers to the Imam, and not the general relatives. This is due to the fact that the Imam is the replacement of the Messenger, hence Fay’ ought to be under his control and management. He writes:

 

از علم الہدی نقل است کہ ذوی القربی کہ بصورت مفرد واقع شدہ دلالت می کند برآنکہ مراد ازاں امام ست کہ قائم مقام پیغمبر ست چہ اگر مراد جمع می بود ذوی القربی واقع می شد

It is reported from ‘Alam al Huda that since the word dhawi al qurba appeared in its singular form, it refers to the Imam who is Rasulullah’s salla Llahu ‘alayhi wa sallam substitute. Had it not referred specifically to the Imam but included all others as well, the word dhawi al qurba would have appeared in its plural form.

 

The author of Majma’ al Bayan writes in his Tafsir in the commentary of the above verse:

 

الدولة اسم للشيء الذي يتداوله القوم بينهم يكون لهذا مرة أي لئلا يكون الفيء متداولا بين الرؤساء منكم يعمل فيه كما كان يعمل في الجاهلية و هذا خطاب للمؤمنين دون أهل بيته عليهم السلام و في هذه الآية إشارة إلى أن تدبير الأمة مفوض إلى النبي و إلى الأئمة القائمين مقامه و لهذا قسم رسول الله أموال خيبر و من عليهم في رقابهم و أجلى بني النضير و بني قينقاع و أعطاهم شيئا من المال و قتل رجال بني قريظة و سبى ذراريهم و نسائهم و قسم أموالهم على المهاجرين و من على أهل مكة

Al dulah is the name of something which people pass around. It belongs to this one for a while and that one for a while. The meaning is, so that it does not remain a perpetual distribution between your leaders, and enjoyed as it was enjoyed in the era of ignorance. This address is for the Mu’minin, not the Ahlul Bayt rahimahu Llah. In this verse, there is indication towards the fact that caring for the ummah has been assigned to the Nabi salla Llahu ‘alayhi wa sallam and the Imams who are his replacements. Owing to this, Rasulullah salla Llahu ‘alayhi wa sallam divided the wealth of Khaybar but spared their lives. He exiled the Banu al Nadir and the Banu Qaynuqa’ but gave them a little wealth. He killed the men of the Banu Qurayzah and took their children and women as captive and distributed their wealth among the Muhajirin and those from Makkah but spared the people of Makkah.

 

It is apparent from the above statements that the only difference between Ghanimah and Fay’ is that the latter does not have a share of anyone else unlike the former. It has been assigned to Rasulullah salla Llahu ‘alayhi wa sallam so that he may keep administrative possession over it and spend it according to the pleasure and command of Allah. After his demise, it was handed over to the Imam and Khalifah of the time so that he may distribute it among those recipients Rasulullah salla Llahu ‘alayhi wa sallam would give. The obvious conclusion is that the laws of inheritance do not apply to Fay’ since it is not the personal belonging of anyone. Fadak is part of Fay’. So if hypothetically, the laws of inheritance applied to Rasulullah’s salla Llahu ‘alayhi wa sallam estate, and Rasulullah’s salla Llahu ‘alayhi wa sallam blessed being was not excluded from the general rule of inheritance, then too Fadak would be discounted from application of the laws of inheritance and distribution since it was not his personal wealth.

Some far sighted Shia realised the flaw of confining Sayyidah Fatimah’s claim of Fadak to inheritance, so they proffered that it was gifted to her and this is what she claimed. Whereas Rasulullah salla Llahu ‘alayhi wa sallam having only administrative control over Fadak, not possessive, falsifies the gift claim because gifting something out of one’s personal possession is not possible. Nevertheless, we will turn a blind eye to this.

We feel it appropriate to mention all the proofs the Shia scholars have provided from Sunni sources in historical sequence, from their early scholars to their present day scholars.

 

NEXT⇒ A list of Shia books written on the Fadak issue in chronological order


[1] Vol. 2 pg. 337.

[2] By Yaqut al Himawi

[3] Fath al Bari, commentary of Sahih al Bukhari, vol. 6 pg. 140.

[4] Sharh Nahj al Balaghah, Chapter 10, section one.

[5] Bihar al Anwar, Kitab al Fitan. vol. 8 pg. 101.

[6] Ibid

[7] One gold coin weighs 4.374 grams. Hence, 24000 gold coins will weigh 104 976g. The price of gold on the 29th of Muharram 1439 (20th October 2017) was R560.85/g. Thus 24000 gold coins calculates to R58 875 789.60.

[8] Vol. 6 pg. 139.

[9] Page 271.

[10] Surah al Hashr: 6.

[11] Futuh al Buldan pg. 20.

[12] Ibid pg. 29.

[13][13] The gist of what appears in Tarikh al Tabari is:

 

حاصر رسول الله صلى الله عليه و سلم أهل خيبر في حصينهم الوطيح و السلالم حتى إذا أيقنوا بالهكلة سألوه أن يسيرهم و يحقن لهم دمائهم ففعل و كان رسول الله صلى الله عليه و سلم قد حاز الأموال كلها الشف و نطاح و الكتيبة و جميع حصونهم إلا ما كان من ذينك الحصنين فلما سمع بهم أهل فدك قد صنعوا ما صنعوا بعثوا إلى رسول الله صلى الله عليه و سلم يسألونه أن يسيرهم و يحقن دمائهم لهم و يخلوا لهم الأموال ففعل و كان في من مشى بينهم و بين رسول الله صلى الله عليه و سلم في ذلك محيصة بن مسعود و أخو بني حارثة فلما نزل أهل خيبر على ذلك سألوا رسول الله صلى الله عليه و سلم أن يعاملهم بالأموال على النصف و قالوا نحن أعلم بها منكم و أعمر لها فصالحهم رسول الله صلى الله عليه و سلم على النصف أعني أنا إذا شئنا نخرجكم و أخرجناكم و صالحه أهل فدك على مثل ذلك فكانت خيبر فيئا للمسلمين و كانت فدك خالصة لرسول الله صلى الله عليه و سلم

Rasulullah salla Llahu ‘alayhi wa sallam laid siege to the people of Khaybar in their forts al Watih and al Salalim. When they were convinced of defeat they beseeched him to allow them to leave and to spare their lives. Rasulullah salla Llahu ‘alayhi wa sallam acted accordingly. Rasulullah salla Llahu ‘alayhi wa sallam had secured all the wealth, al shaff, nattah, al katibah, and all their forts except what was in these two forts. When the residents of Fadak heard about their plight and how they acted, they sent to Rasulullah salla Llahu ‘alayhi wa sallam asking him to allow them to leave and spare their blood and wealth. Rasulullah salla Llahu ‘alayhi wa sallam acceded to their request. Muhayyisah and the brother of Banu Harithah were some of those who delivered messages between them and Rasulullah salla Llahu ‘alayhi wa sallam. When the residents of Khaybar agreed to this, they asked Rasulullah salla Llahu ‘alayhi wa sallam to make a contract with them on half of the wealth. They said, “We are more knowledgeable of the land than you and have stayed here longer.” Rasulullah salla Llahu ‘alayhi wa sallam thus made an agreement with them on half, coupled with the clause that when they desire, they will exile them. The people of Fadak came to the same agreement with Rasulullah salla Llahu ‘alayhi wa sallam. Thus, Khaybar was Fay’ for the Muslims and Fadak was exclusively for Rasulullah salla Llahu ‘alayhi wa sallam.

 

The following appears in Tarikh Kamil Ibn Athir vol. 2 pg. 108:

 

لما انصرف رسول الله صلى الله عليه و سلم من خيبر بعث محيصة بن مسعود إلى أهل فدك يدعوهم إلى الإسلام و رئيسهم يومئذ يوشع بن نون اليهود فصالحوا رسول الله صلى الله عليه و سلم على نصف الأرض فقبل منهم ذلك و كان نصف فدك خالصا لرسول الله صلى الله عليه و سلم لأنه لم يوجف المسلمون عليه بخيل و لا ركاب يصرف ما يأتيه منها على أبناء السبيل و لم يزل أهلها بها حتى استخلف عمر بن الخطاب رضي الله عنه و أجلى يهود من الحجاز فبعث أبا الهيثم بن تيهان و سهل بن أبي خيثمة و زيد بن ثابت فقوموا النصف تربتها بقيمة عدل فدفعها إلى اليهود و أجلاهم إلى الشام و لم يزل رسول الله صلى الله عليه و سلم و أبو بكر و عمر و عثمان و علي رضي الله عنهم يصنعون صنع رسول الله صلى الله عليه و سلم بعد وفاته فلما ولى المعاوية الخلافة أقطعها مروان بن الحكم فوهبها مروان ابنه عبد الملك

When Rasulullah salla Llahu ‘alayhi wa sallam departed from Khaybar, he sent Muhayyisah ibn Mas’ud to the inhabitants of Fadak inviting them towards Islam. Their leader at that time was the Jew Yusha’ ibn Nun. They offered Rasulullah salla Llahu ‘alayhi wa sallam a settlement on half of the land and Rasulullah salla Llahu ‘alayhi wa sallam agreed. Thus, half of Fadak belonged solely to Rasulullah salla Llahu ‘alayhi wa sallam since the Muslims did not attack it with their steeds and camels. He would spend its produce on the travelers. The inhabitants remained there until ‘Umar was appointed Khalifah. He exiled the Jews from Hijaz. So he dispatched Abu al Haytham ibn Tihan, Suhayl ibn Abi Khaythamah, and Zaid ibn Thabit. They worked out the price of half of the land, with justice and equity, and gave the same to the Jews. He then exiled them to Syria. Abu Bakr, ‘Umar, ‘Uthman, and ‘Ali continued doing as Rasulullah salla Llahu ‘alayhi wa sallam did after his demise. However, after Muawiyah, Marwan ibn al Hakam divided it and gifted it to his son ‘Abdul Malik.

 

[14] Surah al Hashr: 6.

[15] This narration also appears in the Urdu translation of Hayat al Qulub vol. 2 pg. 347, 348.

[16] Bihar al Anwar, Kitab al Fitan, pg. 90.

[17] Surah al Hashr: 6, 7.

[18] Vol. 6 pg. 271.

[19] Surah al Tawbah: 60.

[20] Surah al Anfal: 1.

[21] Safaya is its plural which appears many a times in this discussion.

[22] Surah al Anfal: 41.

[23] Surah al Hashr: 6.

[24] Surah al Hashr: 7.

[25] Surah al Tawbah: 41.

[26] Surah al Hashr: 7.

[27] Surah al Hashr: 7.

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