Is distribution of spoils of war (fay') equal between the rich and the poor among relatives?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The distribution of the spoils of war is the same for the rich and the poor among the relatives. This is the position of Al-Shafi'i and Abu Thawr. The evidence rests upon the general statement of Allah: "And for the relatives" (Quran 8:41). This statement is general and cannot be restricted without proof. Furthermore, the Prophet (peace be upon him) used to give to all his relatives, including the wealthy ones like Al-Abbas, and it was not reported that only the poor among them were given. Imam Ahmad narrated in his Musnad that the Prophet (peace be upon him) gave Al-Zubayr an allotment, his mother an allotment, and his horse two allotments, giving his mother from the allotment for relatives despite her being wealthy, having patrons and property. Since the right is established by kinship, the rich and the poor are equal in it, similar to inheritance and bequests to relatives.
Supporting text
It is held by some that there is no right for the rich, analogizing it to the other shares. Some of the companions of Al-Shafi'i hold that only the poor are entitled, as the one who has a father is not entitled, and wealth is more beneficial than the presence of a father. This view holds that distribution is due to need, as the term 'orphan' is used customarily out of mercy, thus necessitating neediness.