What is the definition and distinction between Fay' (reversionary property) and Ghanimah (boot/spoils of war)?
General Chapter
Al-Mughni
Book of Deposits
Primary text
Fay' is property returned to the Muslims from the wealth of non-believers without combat, such as wealth left behind when they fled in fear of Muslims. Ghanimah is what is taken by force and combat from the disbelievers. Both are fundamentally Fay', but each is given a specific name to distinguish them. The basis for this classification is found in the Quranic verses concerning distribution, specifically mentioning what Allah reverted to His Messenger from the people of the towns (Quran 59:7) and the command regarding the fifth portion of what is taken as spoils (Quran 8:41).
Supporting text
One opinion suggests that the term Fay' is generally the proper term, and Ghanimah is specialized for what is taken through fighting. The physical distinction is based on whether military effort was expended; Fay' is what was acquired without the dispatching of cavalry or transport animals (i.e., abandoned property), while Ghanimah is what was acquired after Muslims actively marched towards and engaged the enemy.