(1) باب
It was narrated from Yazid bin Hurmuz that:
when Najdah Al-Haruriyyah rebelled during the Fitnah of Ibn Zubayr, he sent word to Ibn 'Abbas asking him about the share of the relatives (of the Messenger of Allah) -to whom did he think it should be given? He replied: "It is for us, because of our blood ties to the Messenger of Allah allocated it to them, but 'Umar offered us something we thought was less than what was our due, and we refused to accept it. What he offered to them who wanted to get married, and to help the debtors pay off their debts, and he gave to their indigent. But he refused to give them more than that."
It was narrated that Yazid bin Hurmuz said:
"Najdah wrote to Ibn 'Abbas and asked him about the share of the relatives (of the Messenger of Allah), to whom should it be given?" Yazid bin Hurmuz said:"I wrote down the letter of Ibn 'Abbas to Najdah in which he said; You have written asking me about the share of the relatives (of the Messenger of Allah), to whom should it be given? It is for us, the members of the household (Ahl Al-Bait). 'Umar used to offer to help the single among us (to get married), and to give some to our poor and to pay off the debts of our debtors. We insisted that he should given it to us, but he refused, and we left it at that."
It was narrated that Al-Awza'i said:
"Umar bin 'Abdul-'Aziz wrote a letter to 'Umar bin Al-Walid in which he said: 'The share that your father gave to you was the entire Khumus,[1] but the share that your father is entitled to is the same as that of any man among the Muslims, on which is due the rights of Allah and His Messenger, and of relatives, orphans, the poor and wayfarers. How many will dispute with your father on the Day of Resurrection! How can he be saved who has so many disputants? And your openly allowing musical instruments and wind instruments is an innovation in Islam. I was thinking of sending someone to you who would cut off your evil long hair."'
Sa'eed bin Al-Musayyab narrated that Jubair bin Mut'im told him:
"He and 'Uthman bin 'Affan came to the Messenger of Allah to speak to him about what he had distributed of the Khumus of Hunain to Banu Hashim and Banu Al-Muttalib bin 'Abd Manaf. They said: 'O Messenger of Allah, you distributed it to our brothers; Banu Al-Muttalib bin 'Abd Manaf, and you did not give us anything, and our relationship to you in the same as theirs. 'The Messenger of Allah said to them: 'I see that Hashim and Al-Muttalib are the same." Jubair bin Mut'im said: "The Messenger of Allah did not allocate anything to Banu 'Abd Shams or Banu Nawfal from that Khumus, as he allocated to Banu Hashim and Banu Al-Muttalib."
It was narrated that Jubair bin Mut'im said:
"When the Messenger of Allah distributed the share for his relatives to Banu Hashim and BanuA-Muttalib, I came to himwith 'Uthman bin 'Affan and we said: 'O Messenger of Allah, no one denies the virtue of Banu Hashim because of the relationship between you and them. But how come you have given (a share) to Banu Al-Muttalib and not to us? They and we share the same degree of relationship to you. 'The Messenger of Allah said: "They did not abandon me during the Jahiliyyah or in Islam. Banu Hashim and Banu Al-Muttalib are the same thing, and he interlaced his fingers."
It was narrated that 'Ubadah bin Al-Samit said:
"On the day of Hunain the Messenger of Allah took a hair from the side of a camel and said: 'O you people, it is not permissible for me to take even the equivalent of this from the Fay' that Allah has bestowed upon you, except the Khumus, and the Khumus will come back to you." (Sahih)Abu 'Abdur-Rahman (An-Nasa'i) said: Abu Sallam's name is Mamtur and he is Ethiopian, and Abu Umamah's name is Sudai bin 'Ajlan.
It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that:
the Messenger of Allah went to a camel, and took a hair from its hump between his fingers and said: "I am not entitled to take anything from the Fay, not even this, except the Khumus, and the Khumus will come back to you."
It was narrated that 'Umar said:
"The wealth of Banu An-Nadir was among the Fay' that Allah bestowed upon His Messenger, in cases where the Muslims did not go out on and expedition with horses and camels. From it he kept for himself food for one year, and what was left he spent on cavalry and weapons equipment for the cause of Allah."
It was narrated from 'Aishah that:
Fatimah sent word to Abu Bakr asking for her inheritance from the Prophet, from his charity and what was left of the Khumus of Khaibar. Abu Bakar said: "The Messenger of Allah said: 'We are not inherited from."'
It was narrated that 'Ata' said concerning the saying of Allah, the Mighty and Sublime:
"And know that whatever of spoils of war that you may gain, verily, (1/5th) of it is assigned to Allah, and to the Messenger, and to the near relatives (of the Messenger (Muhammad)" "The Khumus (one-fifth) of Allah and of His Messenger is the same. The Messenger of Allah used to provide mounts (for jihad) with it, and give some (to the poor), and distribute it however he wanted, and do with it whatever he wanted."
It was narrated that Qais bin Muslim said:
" Iasked Al-Hasan bin Muhammad about the saying of Allah, the Might and Sublime: 'and know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah. He said: 'This is the key to the Speech of Allah. This world and the Hereafter belling to Allah. He said: 'They differed concerning these two shares after the death of the Messenger of Allah, the share of the Messenger and the share of the near relatives (of the Messenger of Allah). Some said that the share of the near relatives was for the relatives of the Messenger, and some said that the share of the near relatives was for the relatives of the Khalifah. Then they agreed that these two shares should be spent on horses and equipment in the cause of Allah, and they were allocated for this purpose during the Khalifah of Abu Bakr and' Umar."'
It was narrated that Musa bin Abi 'Aishah said:
"I asked Yahya bin Al-Jazzar about this Verse: and know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah, and to the Messenger". He said: "I said: 'How much of the Khumus did he Prophet take?' He said: 'One-fifth of the Khumus."'
It was narrated that Mutarrif said:
"Ash-Shabi was asked about the share of the Prophet and what he chose for himself. He said: 'The share of the Prophet was like the share of any Muslim man, and what he chose for himself was something precious; he chose whatever he wanted to."'
It was narrated that Yazid bin Ash-Shikhkhir said:
"While I was with Mutarrif in Al-Mirbad, a man came in carrying a piece of leather and said: 'This was written to me by the Messenger of Allah. Is there anyone among you who can read?' I said: 'I can read.' And it was (a letter) from Muhammad the Prophet to Banu Zuhair bin Uqaish, who had testified to Lailah illallah, and that Muhammad is the Messenger of Allah, and had left the idolaters, and had agreed to give the Khumus from their spoils of the Prophet, and wheatever he chose for himself, so they became safe and secure by the covenant of Allah and His Messenger."
It was narrated that Mujahid said:
"The Khumus that is for Allah and His Messenger was for the Prophet and His relatives; they did not take anything from the Sadaqah. The Prophet was allocated one-fifth of the Khumus; his relatives were allocated one-fifth of the Khumus; the same was allocated to orphans, the poor and they wayfarers." (Da 'if)Abu Abdur-Rahman (An-Nasi) said: Allah, the Majestic is he and Praised, said: "And know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah, and to the Messenger, and to the near relatives ( of the Messenger (Muhammad)), (and also) the orphans, Al-Masakin (the Poor) and the wayfarer." His, the Mighty and Sublime, saying to Allah starts the speech since everything is of Allah, the Mighty and Sublime, saying to Allah starts the speech since everything is of Allah, the Mighty and Sublime. And perhaps He only oened His speech about the Fay and the Khumus, mentioning Himself, because that is the noblest of earnings. And He did not attribute Sadaqah to Himself, the Mighty and Sublime, because that is the dirt of people. And Allah knows best.It was said that something should be taken form the spoils of war and placed inside the Kabah, and this is the share that is for Allah, the Mighty and Sublime. The share of the Messenger is to be given to the imam to buy horses and weapons, and to give to whomever he thinks will benefit the people of Islam, and to the people of Hadith, Knowledge, Fiqh and the Quran. The share that is for near relatives should be given to Banu Hashim and Banu Al-Muttablib, rich and poor alike, or it was said that it should be given to the poor among them and not to the rich, such as orphans and wayfarers. This is the view that is more appropriate in my view, and Allah knows best. And the young and the old, male and female, are equal in that, because Allah, the mighty and sublime, has allocated it to them and the Messenger of Allah distributed it among them, and there is nothing in the Hadith to indicate that he preferred some of them over others. And there is no scholarly dispute, as far as we know, to suggest that if a man bequeaths one-third of his wealth to such a tribe, to be distributed out among them equally, that it should be done otherwise, unless the giver stipulated otherwise. And Allah is the source of strength. And (there is) a share for the orphans among the Muslims, and a share for the poor among the Muslims, and a share for the wayfarers among the Muslims. No one should be given both a share for the poor and a share for the wayfarer; it is to be said to him: "Take whichever of them you want." And the other four-fifths are to be divided by the imam among those adult Muslims who were present in the battle. (Daif)
It was narrated that Malik bin Aws bin Al-Hadathan said:
"Al-Abbas and Ali came to 'Umar with a dispute. Al-Abbas said: 'Pass judgment between him and I.' the people said: 'Pass judgment between them.' 'Umar said: 'I will not pass judgment between them. They know that the Messenger of Allah said: We are not inherited from, what we leave behind is charity. He said: And (in this narration of it) Az-Zuhri said: 'It (the Khumus) was under the control of the Messenger of Allah , and he took provision for himself and for his family from it, and disposed to the rest of it as he disposed of other wealth (belonging to the Muslims). Then Abu Bakr took control of it, then I took control of it after Abu Bakr, and I did with it what he sued to do. Then these two came to me and asked me to give it to them so that they could dispose of it as the Messenger of Allah disposed of it, and as Abu Bakr disposed of it, and as I disposed of it. So I gave it to them and I took promises from them that they would take proper care of it. Then they came to me and this one said. Give me my share from my brothers son: and this one said: Give me my share from my wife. If they want me to give it to them on the condition that they would dispose of it in the same manner as the Messenger of Allah did, and as Abu Bakr did, and as I did, I would give it to them, but if they refuse, then they do not have to worry about it.' Then he said: 'And know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah, and to the Messenger, and to the near relatives (of the Messenger (Muhammad), (and also) the orphans, Al-Masakin (the poor) and the wayfarer' (Al-Anfal 8:41) this if for them. 'As-Sadaqat (here it means Zakah) are only for the Fuqara (poor), and Al-Masakin (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (toward Islam); and to free the captives; and for those in debt; and for Allah's cause (I.e. for Mujahidun - those fighting in a holy battle)' - this is for them. 'And what Allah gave as booty (Fay') to His Messenger (Muhammad) from them - for this you made no expeditin with either cavalry or camels.' Az-Zuhri said: This applies exclusively to the Messenger of Allah and refers to an 'Arab village called Fadak, and so on. What Allah gave as booty (Fay') to His Messenger (Muhammad) from the people of the townships - it is for Allah, His Messenger (Muhammad), the kindred (of Messenger Muhammad), the orphans, Al-Masakin (the poor), and the wayfarer (And there is also a share in this booty) for the poor emigrants, who were expelled from their homes and their property And (it is also for) those who, before them, had homes (in Al-Madinah) and had adopted the Faith And those who came after them. These is no one left among the Muslims but he has some rights to this wealth, except for some of the slaved whom you own. If I live, if Allah wills, I will give every Muslim his right." Or he said: "His share."