Is war spoils (Fay') subject to the Khums (one-fifth division) like captured wealth (Ghanimah)?
General Chapter
Al-Mughni
Book of Deposits
Primary text
War spoils (Fay') is subject to the Khums (one-fifth division), similar to captured wealth (Ghanimah). This position is held by the Shafi'i school. The justification for this is combining the apparent meaning of the verse stating that Fay' belongs to Allah, the Messenger, relatives, orphans, the needy, and the traveler (Quran 59:7) with narrations from Umar that indicate the participation of all Muslims. Dividing the Fay' into the stated five shares (Khums) and distributing the remainder according to the narrations achieves reconciliation between the Quranic text and the prophetic traditions. Furthermore, as Fay' is a commonly held asset upon which a claim is made, it necessitates the Khums, like Ghanimah and Rikaaz (found treasure). Evidence supporting this includes the narration from Al-Bara' ibn 'Azib, where the Messenger of Allah (peace be upon him) commanded him to execute a man who married his father's wife and to divide his wealth via Khums.
Supporting text
There is a second narration asserting that Fay' is not subject to the Khums, only Ghanimah is. This view is adopted by the majority of scholars, including what was reported by Abu Talib and the position explicitly stated by Al-Kharqi, who affirmed that Fay' is not subject to Khums. Ibn al-Mundhir noted that no known scholar before Al-Shafi'i stipulated the Khums for Fay' as it is for Ghanimah. They cite Quran 59:7, as understood by Umar, indicating that the entire Fay' belongs to the designated recipients, with no mention of a division into five shares.