Al-Anfal (The Spoils of War): Verse 41

It is established that after Allah commanded fighting in the verse, {And fight them...}, and since it is known that spoils of war (ghanīmah) result from fighting, Allah the Exalted mentioned the ruling concerning spoils. In this verse, there are several issues:

• Linguistically: Ghanm (غنم) means attaining something. One says, ghanima yaghnamu ghanman (he gained a gain), and he is a ghānim (gainer).
• In Sharia: Ghanīmah refers to the wealth of the disbelievers that falls into the hands of the Muslims through conquest by cavalry and mounts.

The author of Al-Kashshāf stated that the mā (ما) in {Whatever you take as spoils of war (mā ghanimtum min shay’)} is a relative pronoun. The phrase min shay’ (of anything) means any thing whatsoever, even a needle or a thread.

The phrase {verily, one-fifth belongs to Allah (fa-inna li-llāhi khumsahu)}:

• The predicate of the implied subject is omitted. The implied subject is something like "it is due" or "it is obligatory."
• Al-Nakh'i narrated from Ibn 'Umar a reading where fa-inna is read with a kasra (فَإِنَّ لِلَّهِ خُمُسَهُ), meaning "then the fifth belongs to Allah."
• The famous reading (with fatḥa on fa-inna) is stronger and more established for indicating obligation. It is as if it means: "The establishment of the fifth therein is necessary, and there is no way to neglect it." This is because when the predicate is omitted and allows for many implied meanings (like thābit [established], wājib [obligatory], ḥaqq [due], lāzim [necessary]), it is stronger in enforcing obligation than specifying just one.
• It was also read with sukūn on the khā’ of khumsahu (خُمْسَهُ).

This verse necessitates taking one-fifth (the khums). There are two opinions regarding how this fifth is distributed:

The First Opinion (The Famous View): This fifth is itself divided into five shares:

1. One share for the Messenger of Allah (PBUH).
2. One share for his near relatives (dhawī al-qurbā): the Banu Hāshim and the Banu al-Muttalib, excluding the Banu Abd Shams and the Banu Nawfal. This is based on the narration from 'Uthmān and Jubayr ibn Muṭʿim, who said to the Prophet (PBUH): "These are your brothers, the Banu Hāshim; their virtue due to their kinship with you is undeniable. But what about our brothers, the Banu al-Muttalib? You gave to them and deprived us, while we and they are in the same position." The Prophet (PBUH) replied: "Indeed, they did not separate from us in ignorance (jāhiliyyah) nor in Islam; rather, the Banu Hāshim and the Banu al-Muttalib are one entity," interlocking his fingers.
3. Three shares for the orphans, the needy (masākīn), and the wayfarer (ibn al-sabīl).

After the passing of the Prophet (PBUH):

• According to Al-Shāfiʿī (may Allah have mercy on him): The fifth is divided into five shares:
  • The share of the Messenger of Allah (PBUH) is directed towards the public interests of the Muslims that he used to spend on, such as equipping the warriors (horses, weapons).
  • The share for the near relatives is distributed among their rich and poor members, with the male receiving the share of two females.
  • The remaining three shares go to the three categories: orphans, the needy, and the wayfarer.
• According to Abū Ḥanīfah (may Allah have mercy on him): After the Prophet’s passing, his share lapses due to his death. Likewise, the share of the near relatives lapses, as they are only given due to poverty, making them equal to all other poor people. Their wealthy members do not receive anything. Thus, the division is among the orphans, the needy, and the wayfarer.
• According to Mālik: The matter of the fifth is entrusted to the Imam's discretion (ra’y al-Imām). If he sees fit to distribute it to these categories, he does so; if he sees fit to give to some and withhold from others, he has that authority.

The apparent meaning of the verse aligns with and explicitly supports the view of Al-Shāfiʿī. It is not permissible to deviate from it except with a stronger, separate piece of evidence. Furthermore, the end of the verse states: {And Moses said, "O my people, if..."}, meaning: "If you truly believe in Allah, then judge by this division." This indicates that if judgment by this division is not established, belief in Allah is not established.

The Second Opinion: This is the view of Abū al-ʿĀliyah: The spoils' fifth is divided into six portions:

1. One portion for Allah.
2. One portion for the Messenger of Allah (PBUH).
3. One portion for the near relatives.
4. The remaining three portions for the orphans, the needy, and the wayfarer.
   • They argue that Allah made the fifth for Himself, then for these five groups. Some proponents of this view say the share designated for Allah is given to the Messenger, while others say it is used for the construction/maintenance of the Kaʿbah. Some even said the Prophet (PBUH) would put his hand into this fifth, and whatever he grasped, he designated for the Kaʿbah—this being what was named for Allah.

Rebuttal to the Second Opinion (by Proponents of the First Opinion): They respond that the phrase {for Allah (li-llāh)} does not mean establishing a specific share for Allah, as all things belong to Him. Rather, it is meant to open the discourse by mentioning Allah for the purpose of glorification, similar to {Say, "The spoils (al-anfāl) belong to Allah and the Messenger"}.

Al-Qaffāl supported the first opinion by citing the Prophet’s (PBUH) statement regarding the spoils of Khaybar: "My property from what Allah has granted you is nothing but the fifth, and the fifth is returned to you." His statement, "My property is nothing but the fifth," indicates that the share of Allah and the share of the Messenger are one. If we assume the two shares (Allah's and the Messenger's) are combined for the Messenger, his share would exceed one-fifth, both of which contradict the apparent meaning of "My property is nothing but the fifth."

This concludes the discussion on dividing the fifth of the spoils. As for the remaining four-fifths, they belong to the combatants (al-ghānimūn) because they seized and acquired them, just as fodder is acquired by mowing, and birds by hunting. Jurists have derived many issues from this verse, which are detailed in the books of Fiqh.

The verse indicates that it is permissible to divide the spoils in the land of war (dār al-ḥarb), which is the position of Al-Shāfiʿī (may Allah have mercy on him). The evidence is that the verse {verily, one-fifth belongs to Allah, and to the Messenger, and to the near relatives, and to the orphans, and to the needy, and to the wayfarer} necessitates the establishment of ownership for these parties in the spoils. If ownership is established for them, division becomes obligatory, as division, under this premise, means nothing other than transferring ownership to the rightful owner, which is permissible by consensus.

• It was said: They are the Banu Hāshim.
• Al-Shāfiʿī (may Allah have mercy on him) said: They are the Banu Hāshim and the Banu al-Muttalib, citing the hadith mentioned earlier.
• It was said: The family of ʿAlī, Jaʿfar, ʿAqīl, the family of ʿAbbās, and the descendants of Al-Ḥārith ibn ʿAbd al-Muṭṭalib. This is the view of Abū Ḥanīfah.

The author of Al-Kashshāf narrated from Al-Kalbī that this verse was revealed at Badr. Al-Wāqidī (may Allah have mercy on him) said that the ruling of the fifth in the spoils of the Battle of Banū Qurayẓah occurred one month and three days after Badr, at the beginning of Shawwāl, twenty months after the Hijra.

Then Allah the Exalted said: {And Moses said, "O my people, if..."}

The meaning is: Know that the fifth of the spoils is allocated to these five categories, so cut off your greed from it and be content with the remaining four-fifths. {And know that whatever you take as spoils of war, verily, one-fifth belongs to Allah...} meaning: If you truly believe in Allah and what was revealed to Our servant on the Day of Discrimination (Yawm al-Furqān), the Day of Badr. The two gatherings (al-jamʿān) refer to the two parties: the Muslims and the disbelievers. What is meant by "what was revealed" are the verses, the angels, and the victory on that day. {And Allah is over all things competent}, meaning He is capable of granting you victory while you were few and despised. And Allah knows best.

Verse 42