Al-Hashr (The Gathering): (6) And what Allah has bestowed...

Linguistics of Fay’

• Al-Mubarrid said: Fā’a (فاء) means to return. Afā’ahu Allah (أفأه الله) means Allah returned it.
• Al-Azhari said: Fay’ (الفيء) is what Allah returns to the people of His religion from the wealth of those who oppose the people of his religion without fighting. This occurs either because they evacuate their homelands, leaving them for the Muslims, or they agree to pay a jizyah (poll tax) on their heads, or they pay wealth other than jizyah to ransom their lives.
  • An example is what happened with Banu Nadir, who made a truce with the Messenger of Allah (PBUH) that for every three of them, they would give the load of one camel of whatever they wished, excluding weapons, and leave the rest. This wealth is the Fay’, which is what Allah bestowed upon the Muslims, meaning He returned it from the disbelievers to the Muslims.

Interpretation of the Verse Segment

• "{Minhum}" (منهم): Refers to the Jews of Banu Nadir.
• "{Famā awjaf-tum}" (فما أوجفتم): The verb wajafa (وجف) applied to a horse or camel means it moved swiftly (wajfan or wajīfan). Its owner made it move swiftly (awjafahu) by urging it on.
• "{Alayhi}" (عليه): Refers to what Allah bestowed (al-Fay’).
• "{Min khaylin walā rukāb}" (من خيل ولا ركاب): Rukāb (الركاب) refers to the camels used for riding; its singular is rāḥilah (راحلة), and it has no singular derived from its own root. The Arabs only use the term rākib (راكب) for one riding a camel; they call one riding a horse a fāris (فارس).

The Distinction Between Fay’ and Ghanīmah

The meaning of the verse is that the Companions asked the Prophet (PBUH) to divide the Fay’ among them just as he divided the Ghanīmah (spoils of war). Allah clarified the difference:

1. Ghanīmah: Is what you exerted yourselves to obtain, urging horses and camels (awjaf-tum).
2. Fay’: Is what you did not bear the hardship of obtaining. Therefore, the matter concerning it was entrusted to the Messenger (PBUH) to place it where he wished.

The Scholarly Question Regarding Banu Nadir

There is a question here: The wealth of Banu Nadir was taken after fighting, as they were besieged for days, fought, and then agreed to evacuate. Therefore, this wealth should be considered Ghanīmah, not Fay’.

To address this, commentators offered two views:

First View: This verse was not revealed concerning the villages of Banu Nadir, because the Muslims did urge horses and camels against them, and the Messenger (PBUH) and the Muslims besieged them. Rather, it concerns Fadak.

• The people of Fadak evacuated without a fight, so those villages and wealth came into the possession of the Messenger (PBUH) without war.
• The Prophet (PBUH) used the yield of Fadak for his own expenses and the expenses of those he supported, and placed the remainder towards weapons and cavalry (al-silāḥ wal-kirā’).
• When he passed away, Fatimah (RA) claimed he had gifted Fadak to her. Abu Bakr (RA) replied: "You are the dearest of people to me in poverty and the most beloved to me in wealth, but I do not know the truth of your statement, and it is not permissible for me to rule based on it."
• Fatima brought Um Ayman and a freed slave of the Prophet (PBUH) as witnesses. Abu Bakr asked for a witness whose testimony is legally acceptable in Sharia, and there was none.
• Abu Bakr administered Fadak as the Prophet (PBUH) had administered it: spending on those he supported and reserving the rest for weapons and cavalry.
• Umar (RA) entrusted it to Ali (RA) to administer it in the same manner. Towards the end of his caliphate, Umar took it back, saying, "We are now self-sufficient, but the Muslims have a need for it." Uthman (RA) administered it similarly, and then it went to Ali (RA), who administered it this way. The four Imams agreed on this ruling.

Second View: This verse was revealed concerning Banu Nadir and their villages, but the Muslims did not have many horses or camels at that time, nor did they travel a great distance to reach them. They were only two miles from Medina, and they walked there; only the Messenger of Allah (PBUH) rode a camel. Since the fighting was minimal and horses/riding animals were not a major factor, Allah treated it as if no fighting occurred at all, thus reserving those funds specifically for the Messenger (PBUH).

• It is narrated that he divided it among the Muhajirun (Emigrants) and gave nothing to the Ansar (Helpers) except for three men who were in need: Abu Dujana, Sahl ibn Hunaif, and Al-Harith ibn Al-Simmah.

Then, Allah mentioned the ruling concerning the Fay’:

7 < { What Allah has bestowed upon His Messenger from the people of the towns is for Allah, and for the Messenger, and for the near of kin, and for the orphans, and for the needy, and for the wayfarer, so that it may not be a perpetual distribution among the rich among you. And whatever the Messenger has brought you, take it; and whatever he has forbidden you, abstain from it. And fear Allah; indeed, Allah is severe in penalty. } > 7 !