Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)

Narrated A man: 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.

Narrated Dhul-Zawa'id: 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).

Narrated 'Abd Allah b. Ka'b b. Malik al-Ansari: 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.

Narrated Umar ibn al-Khattab: 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.

Narrated AbuDharr: I heard the Messenger of Allah (ﷺ) say: Allah, the Exalted, has placed truth on Umar's tongue and he speaks it.

Narrated Malik b. Aws b. Al-Hadathan: '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.

Narrating this tradition Malik b. Aws said: They i.e 'Ali and al-'Abbas (Allah be pleased with them), were quarrelling about what Allah bestowed on His Messenger of Allah (ﷺ), that is, the property of Banu al-Nadir.Abu Dawud said: He ('Umar) intended that the name of division should not apply to it.

Narrated 'Umar: 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.

Narrated Al-Zuhri: '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.

Narrated Umar ibn al-Khattab: 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.

Narrated 'Aishah, wife of Prophet (ﷺ): Fatimah daughter of Messenger of Allah (ﷺ) sent a messenger to Abu Bakr demanding from him in inheritance of the Messenger of Allah (ﷺ) from what Allah bestowed on him at Medina and Fadak, and what remained of the fifth of Khaibar. Abu Bakr said: The Messenger of Allah (ﷺ) has said: We are not inherited. Whatever we leave is sadaqah. The family of Muhammad will eat from this property. I swear by Allah I shall not change it from the former condition of its being sadaqah as it was in the time of the Messenger of Allah (ﷺ). I shall deal with it as the Messenger of Allah dealt with it. Abu Bakr, therefore, refused to give anything to Fatimah from it.

Narrated Aisha, Ummul Mu'minin: Fatimah was demanding (the property of) sadaqah of the Messenger of Allah (ﷺ) at Medina and Fadak, and what remained from the fifth of Khaybar. Aisha quoted AbuBakr as saying: The Messenger of Allah (ﷺ) said: We are not inherited; whatever we leave is sadaqah. The family of Muhammad will eat from this property, that is, from the property of Allah. They will not take more then their sustenance.

Narrating the above tradition, 'Aishah added: 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.

Al-Zuhri, explaining the verse "For this you made no expedition with either cavalry or camelry" said: The Prophet (ﷺ) concluded the treaty of peace with the people of Fadak and townships which he named which I could not remember ; he blockaded some other people who sent a message to him for capitulation. He said: "For this you made no expedition with either cavalry or camelry" means without fighting. Al-Zuhri said: The Banu al-Nadir property was exclusively kept for the Prophet (ﷺ) ; they did not conquer it by fighting, but conquered it by capitulation. To Prophet (ﷺ) divided it among the Emigrants. He did not give anything to the Helpers except two men were needy.

Narrated Umar ibn AbdulAziz: Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (ﷺ), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (ﷺ) till he passed on (i.e. died). When AbuBakr was made ruler he administered it as the Prophet (ﷺ) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz. Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (ﷺ) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (ﷺ).Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

Narrated AbuBakr: AbutTufayl said: Fatimah came to AbuBakr asking him for the inheritance of the Prophet (ﷺ). AbuBakr said: I heard the Messenger of Allah (ﷺ) say: If Allah, Most High, gives a Prophet some means of sustenance, that goes to his successor.

Narrated Abu Hurairah: The Prophet (ﷺ) as saying: Do not distribute dinars among my heirs: Whatever I left after contribution to my wives and provisions for my governor is sadaqah (alms).Abu Dawud said: 'Amil means the workers or laborers on the land (i.e. peasants).

Narrated Umar ibn al-Khattab: 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.

Narrated 'Aishah: When the Messenger of Allah (ﷺ) died, the wives of the Prophet (ﷺ) intended to send 'Uthman b. 'Affan to Abu Bakr to ask him their cost of living from (the inheritance of) the Prophet (ﷺ). Thereupon 'Aishah said: Did not the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah.

A similar tradition has been narrated by Ibn Shihab through a different chain of narrators. This version says: I said: Do you not fear Allah ? Did you not hear the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah (alms). This property belongs to the family of Muhammad for their emergent needs and their guest. When I die, it will go to him who becomes ruler after me.

Narrated Jubair b. Mut'im: That he and 'Uthman b. 'Affan went to the Messenger of Allah (ﷺ) talking to him about the fifth which he divided among the Banu Hisham and Abu 'Abd al-Muttalib. I said: Messenger of Allah, you have divided (the fifth) among our brethren Banu 'Abd al-Muttalib, but you have not given us anything, though our relationship to you is the same as theirs. The Prophet (ﷺ) said: The Banu Hisham and the Banu 'Abd al-Muttalib are one. Jubair said: He did not divide the fifth among the Banu 'Abd Shams and the Banu Nawfal as he divided among the Banu Hashim and the Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide the fifth like the division of Messenger of Allah (ﷺ) except that he did not give the relatives of the Messenger of Allah (ﷺ), as he gave them. 'Umar b. al-Khattab and 'Uthman after him used to give them (a portion) from it.

Narrated Jubair b. Mu'tim: The Messenger of Allah (ﷺ) did not divide the fifth among the Banu 'Abd Shams and Banu Nawfal as he divided among the Banu Hashim and Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide (the fifth) like the division of the Messenger of Allah (ﷺ), except that he did not give the relatives of the Messenger of Allah as the Messenger of Allah (ﷺ) himself gave them. 'Umar used to give them (from the fifth) and those who followed him.

Narrated Jubair b. Mu'tim: On the day of Khaibar the Messenger of Allah (ﷺ) divided the portion to his relatives among the Banu Hashim and Banu 'Abd al-Muttalib, and omitted Banu Nawfal and Banu 'Abd Shams. So I and 'Utham b. 'Affan went to the Prophet (ﷺ) and we said: Messenger of Allah, these are Banu Hashim whose superiority we do not deny because if the position in which Allah has placed you in relation to them ; but tell us about Banu 'Abd al-Muttalib to whom you have given something while omitting us though our relationship is the same as theirs. The Messenger of Allah (ﷺ) said: There is no distinction between us and Banu 'Abd al-Muttalib in pre-Islamic days and in Islam. We and they are one, and he (ﷺ) intertwined his fingers.

Explaining the relatives of the Prophet (ﷺ) al-Saddi said: They are Banu 'Abd al-Muttalib.

Narrated Abdullah ibn Abbas: Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.

Narrated 'Abd al-Rahman b. Abi Laila: 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.

Narrated Ali ibn AbuTalib: I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (ﷺ) and I said: Messenger of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Messenger of Allah (ﷺ). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.

Narrated AbdulMuttalib ibn Rabi'ah ibn al-Harith: AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (ﷺ) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition. He said: The Messenger of Allah (ﷺ) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat). Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (ﷺ) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it. He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (ﷺ). AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (ﷺ). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (ﷺ). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (ﷺ) came. He caught my ear and the ear of al-Fadl. He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure). He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (ﷺ) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (ﷺ) was (thinking) about our matter. The Messenger of Allah (ﷺ) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him. He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter). The Prophet (ﷺ) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (ﷺ) had appointed collector of the fifths. The Messenger of Allah (ﷺ) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (ﷺ) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).

‘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.”

Umm Al Hakam or Duba’ah daughters of Al Zibair bin ‘Abd Al Muttalib said “Some captives of war were brought to the Apostle of Allaah(ﷺ). I and my sister Fatimah, daughter of Apostle of Allaah(ﷺ) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(ﷺ) said “the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter “Allaah is Most Great” after each prayer thirty three times, “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times and “there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things.”The narrator ‘Ayyash said “They were daughters of Uncle of the Prophet (ﷺ).”