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

Ibn A’bud said, ‘Ali said to me “May I not narrate you about me and Fathimah daughter of the Apostle of Allaah(ﷺ)? She was most favorite to him of his family.” I said “Yes”. He said “She pulled the grinding stone with her hand so much that it affected her hand, she carried water in a water bag so much so that it affected the upper portion of her chest, she swept the house so much so that her clothes became dirty. The Prophet (ﷺ) acquired some slaves”. So I said “Would that you go to your father and ask him for a slave. She then came to him and found some people with him talking to him. She therefore returned. Next day she came again. He asked (her), what was your need? But she kept silence. So I said, I inform you, Apostle of Allaah(ﷺ). She pulled grinding stone so much that it affected her hand, she carried water bag so much so that it affected the upper portion of her chest. When the slaves were brought to you I asked her to come to you and to ask you for a slave to save her from the exertion she is suffering.” He said “Fear Allaah, Fathimah and perform the duty of your Lord and do the work of your family.” When you go to bed say “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times, “Allaah is Most Great” thirty four times. This is hundred times. That will be better for you than a servant. She said “I am pleased with Allaah, Most High and with his Apostle (ﷺ).”

The tradition mentioned above has also been transmitted by ‘Ali bin Hussain through a different chain of narrators. This version adds “He (the Prophet) did not provide her with a slave.”

Narrated Mujja'ah ibn Mirarah al-Yamani: Mujja'ah went to the Prophet (ﷺ) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed. The Prophet (ﷺ) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (ﷺ) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam. He then asked AbuBakr for them later on, and brought to him the document of the Prophet (ﷺ). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates. The text of the document written by the Prophet (ﷺ) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

‘Amir Al Sha’bi said “The Prophet (ﷺ) had a special portion in the booty called safi. This would be a slave if he desired or a slave girl if he desired or a horse if he desired. He would choose it before taking out the fifth.”

Ibn ‘Awn said “I asked Muhammad about the portion of the prophet(ﷺ) and safi. He replied “A portion was taken for him along with the Muslims, even if he did not attend (the battle) and safi (special portion) was taken from the fifth before everything.”

Qatadah said “When the Apostle of Allaah(ﷺ) participated in battle there was for him a special portion which he took from where he desired. Safiyyah was from that portion. But when he did not participate himself in his battle, a portion was taken out for him, but he had no choice.”

A’ishah said “Safiyyah was called after the word safi (a special portion of the Prophet).”

Anas bin Malik said “We came to Khaibar. We bestowed the conquest of fortress (on us), the beauty of Safiyyah daughter of Huyayy was mentioned to him (the Prophet). Her husband was killed (in the battle) and she was a bride. The Apostle of Allaah(ﷺ) chose her for himself. He came out with her till we reached Sadd Al Sahba’ where she was purified. So he cohabited with her.

Anas bin Malik said “Safiyyah first fell to Dihyat Al Kalbi, the she fell to the Apostle of Allaah(ﷺ).

Anas said “A beautiful slave girl fell to Dihyah”. The Apostle of Allaah(ﷺ) purchased her for seven slaves. He then gave her to Umm Sulaim for decorating her and preparing her for marriage. The narrator Hammad said, I think he said “Safiyyah daughter of Huyayy should pass her waiting period in her (Umm Sulaims’) house.”

Anas said “Captives were gathered at Khaibar. Dihyah came out and said “Apostle of Allaah(ﷺ) give me a slave girl from the captives.” He said “Go and take a slave girl. He took Safiyyah daughter of Huyayy. A man then came to the Prophet (ﷺ) and said “You gave Safiyyah daughter of Huyayy, chief lady of Quraizah and Al Nadir to Dihyah? This is according to the version of Ya’qub. Then the agreed version goes “she is worthy of you.” He said “call him along with her. When the Prophet (ﷺ) looked at her, he said to him “take another slave girl from the captives. The Prophet (ﷺ) then set her free and married her.

Narrated Yazid ibn Abdullah: We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came. We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Messenger of Allah (ﷺ), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (ﷺ) and his special portion (safi), you will be under by the protection of Allah and His Apostle." We then asked: Who wrote this document for you? He replied: The Messenger of Allah (ﷺ).

Ka’ab bin Malik who was one of those whose repentance was accepted said “Ka’ab bin Al Ashraf used to satire the Prophet (ﷺ) and incited the infidels of the Quraish against him. When the Prophet (ﷺ) came to Madeena, its people were intermixed, some of them were Muslims and others polytheists aho worshipped idols and some were Jews. They used to hurt the Prophet (ﷺ) and his Companions. Then Allaah Most High commanded His Prophet to show patience and forgiveness. So Allaah revealed about them “And ye shall certainly hear much that will grieve you from those who receive Book before you”. When Ka’ab bin Al Ashraf refused to desist from hurting the Prophet (ﷺ) the Prophet(ﷺ) ordered Sa’d bin Mu’adh to send a band to kill him. He sent Muhammad bin Maslamah and mentioned the story of his murder. When they killed him, the Jews and the polytheist were frightened. Next day they came to the Prophet (ﷺ) and said “Our Companions were attacked and night and killed.” The Prophet(ﷺ) informed them about that which he would say. The Prophet (ﷺ) then called them so that he could write a deed of agreement between him and them and they should fulfill its provisions and desist from hurting him. He then wrote a deed of agreement between him and them and the Muslims in general.”

Ibn ‘Abbas said “When the Apostle of Allaah(ﷺ) had victory over Quraish in the batte of Badr and came to Madeenah he gathered the Jews in the market of Banu Qainuqa and said “O community of Jews embrace Islam before you suffer an injury as the Quraish suffered.” They said “Muhammad, you should not deceive yourself (taking pride) that you had killed a few persons of the Quariash who were inexperienced and did not know how to fight. Had you fought with us, you would have known us. You have never met people like us.” Allah Most High revealed about this the following verse “Say to those who reject faith, soon will ye be vanished... one army was fighting in the cause of Allaah, the other resisting Allaah.”

Narrated Muhayyisah: The Messenger of Allah (ﷺ) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.

Abu Hurairah said, While we were in the mosque, the Apostle of Allaah(ﷺ) came out and said “Come on to the Jews. So we went out with him and came to them”. The Apostle of Allaah(ﷺ) stood up, called them and said “If you, the community of Jews accept Islam you will be safe”. They said “You have given the message Abu Al Qasim”. The Apostle of Allaah(ﷺ) said “Accept Islam you will be safe”. They said “You have given the message Abu Al Qasim”. The Apostle of Allaah(ﷺ) said “that I intended”. He then said the third time “Know that the land belongs to Allaah and His Apostle and I intend to deport you from this land. So, if any of you has property (he cannot take it away), he must sell it, otherwise know that the land belongs to Allaah and His Apostle (ﷺ).”

Narrated A man from the companions of the Prophet: AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (ﷺ): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (ﷺ) was at that time at Medina before the battle of Badr. (They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women. When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (ﷺ). When this news reached the Messenger of Allah (ﷺ), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (ﷺ), they scattered. This reached the infidels of the Quraysh. The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (ﷺ), they gathered Banu an-Nadir to violate the treaty. They sent a message to the Prophet (ﷺ): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story. When the next day came, the Messenger of Allah (ﷺ) went out in the morning with an army, and surrounded them. He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day. Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it. He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (ﷺ). Allah bestowed them upon him and gave them him as a special portion. He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (ﷺ) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (ﷺ) which is in the hands of the descendants of Fatimah (Allah be pleased with her).

Ibn ‘Umar said “The Jews Al Nadir and Quraizah fought with the Apostle of Allaah(ﷺ), so the Apostle of Allaah(ﷺ) expelled Banu Al Nadir and allowed the Quraizah to stay and favored them. The Quraizah thereafter fought (with the Prophet).” So he killed their men and divided their women, property and children among Muslims except some of them who associated with the Apostle of Allaah(ﷺ). He gave them protection and later on they embraced Islam. The Apostle of Allaah(ﷺ) expelled all the Jews of Madeenah in Toto, Banu Qainuqa, they were the people of ‘Abd Allaah bin Salam, the Jews of Banu Harith and any of Jews who resided in Madeenah.

Narrated Abdullah Ibn Umar: The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (ﷺ), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims). They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled. The Prophet (ﷺ) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab? He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them. They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (ﷺ) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

Narrated Abdullah ibn Umar: 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.”

Narrated A Group of Companions of the Prophet: 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.

Narrated Bashir ibn Yasar: 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.

Narrated Mujammi' ibn Jariyah al-Ansari,: 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.

Narrated Abdullah ibn AbuBakr: 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.”