Al-Anfal: 41
"And know that whatever you take as spoils of war..."
- {أنما غنمتم}: Ma is relative (conjunction).
- {من شىء}: An explanation of it. It is said: "of anything," even a needle or a thread.
- {فأن لله خمسه}: The subject is implied, and the predicate is omitted. The estimation is: "The right is," or "It is obligatory that for Allah is its fifth."
- Al-Ju‘fi narrated from Abu ‘Amr: fa-inna lillahi (with a kasra). This is supported by the recitation of al-Nakha‘i: fa-lillahi khumsuhu. The famous reading is more emphatic and established for obligation, as if it were said: "There is no escaping the establishment of the fifth within it; there is no way to neglect or fall short of it." Since the predicate is omitted and allows for multiple estimations—such as "fixed," "obligatory," "right," "necessary," and the like—it is stronger in its obligation than explicitly stating one. It was also recited as khumsahu with a sukun.
If you ask: How is the fifth divided?
I say: According to Abu Hanifa (may Allah have mercy on him), it was divided in the time of the Messenger of Allah (peace be upon him) into five shares:
- A share for the Messenger of Allah (peace be upon him).
- A share for his relatives from Banu Hashim and Banu al-Muttalib (excluding Banu ‘Abd Shams and Banu Nawfal). They were entitled to it at that time due to their support and defense, based on what was narrated from ‘Uthman and Jubayr ibn Mut‘im (may Allah be pleased with them) when they said to the Prophet (peace be upon him): "These are your brothers, the Banu Hashim; we do not deny their merit due to the place Allah has given you among them. But what about our brothers, the Banu al-Muttalib? You gave them and deprived us, yet we and they are in the same position." The Prophet (peace be upon him) replied: "They did not abandon us in Jahiliyya or Islam; the Banu Hashim and Banu al-Muttalib are one thing," and he interlaced his fingers.
- Three shares: for the orphans, the needy, and the wayfarer.
After the Messenger of Allah (peace be upon him), his share lapses with his death, as does the share of the relatives. They are only given due to their poverty, making them equal to other poor people; their wealthy are not given anything. Thus, it is divided among the orphans, the needy, and the wayfarer.
- According to al-Shafi‘i (may Allah have mercy on him): It is divided into five shares. The share of the Messenger is spent on the interests of the Muslims, such as equipment for warriors (weapons and mounts). The share of the relatives is given to both their rich and poor, divided among them with the male receiving the portion of two females. The remainder goes to the other three groups.
- According to Malik ibn Anas (may Allah have mercy on him): The matter is delegated to the discretion of the Imam. If he sees fit to divide it among these, he does; if he sees fit to give some and not others, or if he sees others as more deserving and important, he does so.
If you ask: What is the meaning of mentioning Allah (Exalted is He) and coupling the Messenger and others to Him?
I say: It is possible that the meaning of "for Allah and for the Messenger" is "for the Messenger of Allah," like His saying: {And Allah and His Messenger are more worthy that they should please Him} (9:62). Or, it may be intended by His mention to obligate a sixth share spent on a path of drawing near to Him. Or, it may be intended by His saying {for Allah is its fifth} that the right of the fifth is that it be used to draw near to Him and nothing else. Then, He specified these five categories as ways of drawing near, preferring them over others, like His saying: {And Jibril and Mika'il} (2:98).
- The first possibility is the school of the two Imams (Abu Hanifa and al-Shafi‘i).
- The second is what Abu al-‘Aliya said: It is divided into six shares; a share for Allah is spent on the curtain of the Ka‘ba. It is also said that the share of Allah is for the Public Treasury (Bayt al-Mal).
- The third is the school of Malik ibn Anas.
It is narrated from Ibn ‘Abbas that it was six shares: two for Allah and the Messenger, and one for his relatives. When he passed away, Abu Bakr (may Allah be pleased with him) conducted the fifth on three shares, as did ‘Umar and the Caliphs after him. It is narrated that Abu Bakr forbade the Banu Hashim from the fifth, saying: "You are only to be given if you are poor, your unmarried are to be married, and those without servants are to be served. As for the wealthy among you, you are like a wealthy wayfarer; you are not given anything from charity, nor is a wealthy orphan." Zayd ibn ‘Ali (may Allah be pleased with him) said the same: "It is not for us to build palaces from it, nor to ride pack-horses."
It is said that the entire fifth is for the relatives. It is narrated that when it was said to ‘Ali (may Allah be pleased with him) that Allah said {and the orphans and the needy}, he replied: "Our orphans and our needy." Al-Hasan (may Allah be pleased with him) said regarding the share of the Messenger: "It is for the ruler after him."
Al-Kalbi said the verse was revealed at Badr. Al-Waqidi said the fifth was in the expedition of Banu Qaynuqa‘, a month and three days after Badr, in the middle of Shawwal, twenty months after the Hijra.
If you ask: To what is His saying {And Musa said, "O my people..."} connected?
I say: To an omitted phrase indicated by {And know}. The meaning is: If you have believed in Allah, then know that the fifth of the spoils must be used to draw near to Him, so cut off your greed for it and be content with the four-fifths. The "knowledge" here is not mere knowledge, but knowledge coupled with action and obedience to the command of Allah, for in mere knowledge, the believer and the disbeliever are equal.
- {And what We sent down}: Conjoined to {for Allah}. Meaning: If you have believed in Allah and in what was sent down {upon Our servant} (recited as ‘abdina with two dammahs, like ‘abd al-taghut).
- {On the day of the Criterion}: The day of Badr.
- {The two hosts}: The two groups of Muslims and disbelievers. The intent is what was sent down upon him of signs, angels, and victory on that day.
- {And Allah is over all things competent}: He is able to grant victory to the few over the many and the lowly over the mighty, just as He did for you that day.