The saying of Allah, the Exalted and Majestic: "And know that whatever you obtain of war booty, then indeed, for Allah is one fifth of it and for the Messenger and for those of kin and the orphans and the needy and the traveler, if you have believed in Allah and in that which We sent down to Our Servant on the Day of Criterion, the Day when the two armies met. And Allah is, over all things, competent." The position of the second "that" is nominative; its estimation is: "So its ruling is that," and it is in the position of the news of the beginning. The term "ghanimah" in the language refers to what a man or a group obtains through effort. From that is the saying of the poet: "And I have roamed the horizons until I was satisfied with the booty of returning." And another said: "And the food of the sheep on the day of gain is its food, wherever it turns, and the deprived is deprived." And from it is the saying of the Prophet, blessings and peace be upon him, regarding the pledge: "He has his gain and upon him is his expenditure," and his saying: "Fasting in winter is the cool gain." So, the thing that the Muslims obtain from their enemy through effort and the urging of horses and mounts is booty, and this name has become customary for this meaning until it is recognized as such. And "fay'" is derived from "fa'a yafii'u" meaning to return, and it refers to everything that has entered upon the Muslims without (p-193) war or urging, such as the revenue of the land, the jizyah of the heads, and the fifth of the booty, and similar to this. Qadi Abu Muhammad, may Allah have mercy on him, said: And the zakat is also wealth in its own right; its rulings are distinct from the rulings of these two. Sufyan al-Thawri and Ata ibn al-Sa'ib said: "The booty is what is taken by force, and the fay' is what is taken by agreement," and this is close to what we have explained. And Qatadah said: "The fay' and the booty are one thing, both of which have the fifth." And this verse in Al-Anfal abrogates his saying in Surah Al-Hashr: "Whatever Allah has given as fay' to His Messenger from the people of the towns" [Al-Hashr: 7], because that was the ruling initially, then Allah gave its people only the fifth, and made the four fifths for the fighters. Qadi Abu Muhammad, may Allah have mercy on him, said: And this statement is weak; the scholars have stated its weakness and that there is no basis for it from various angles. One of them is that this Surah was revealed before Surah Al-Hashr; this one was about Badr, and that one was about Banu al-Nadir and the towns of 'Uraynah. And because the two verses are consistent, and the ruling of the fifth and the ruling of that verse are one, because it was revealed regarding Banu al-Nadir when they were expelled and fled, and the people of Fadak when they were called to peace, and the Muslims obtained what was theirs without urging. Ibn al-Mundhir narrated from al-Shafi'i that in the fay' there is the fifth, and that it was in the towns of 'Uraynah during the time of the Prophet, blessings and peace be upon him, and that four fifths of it were specifically for the Messenger, blessings and peace be upon him, without the Muslims, to distribute as he wished. And Abu 'Ubaydah said: This verse abrogates His saying, the Exalted, at the beginning of the Surah: "Say, the spoils are for Allah and the Messenger" [Al-Anfal: 1], and the Messenger of Allah, blessings and peace be upon him, did not take the fifth of the spoils of Badr, so his ruling of leaving the fifth was abrogated by this verse. Qadi Abu Muhammad, may Allah have mercy on him, said:

And it is evident from the words of Ali ibn Abi Talib, may Allah be pleased with him, in Al-Bukhari: "I had a she-camel from my share of the spoils at Badr, and a she-camel that the Messenger of Allah, blessings and peace be upon him, gave me from the fifth at that time" that the spoils of Badr were divided. If that is the case, then the statement of Abu Ubaidah is invalid. It is possible that the fifth mentioned by Ali ibn Abi Talib is from one of the battles that occurred between Badr and Uhud. There was the battle of Banu Sulaym, the battle of Al-Sawiq, the battle of Dhul-Amr, and the battle of Bahraan. There was no fighting recorded in them, but it is possible that spoils were obtained. And Allah knows best.

And His saying, the Exalted, in this verse: ﴿from something﴾ its apparent meaning is general, but its meaning is specific. As for the cloth, the goods, the children, the women, and that which is not lawful to eat from the animals and is permissible to possess, the Imam has no share in all of that, whether it is abundant or scarce, like the thread and the sewn items, except that he takes the fifth and divides the remainder among the people of the army. As for the land, Malik said: The Imam divides it if he sees that as correct, as the Prophet, blessings and peace be upon him, did in Khaybar. He does not divide it if his reasoning leads him to that, as Umar, may Allah be pleased with him, did with the land of Egypt and the lands of Kufa.

Qadi Abu Muhammad, may Allah have mercy on him, said: Because Umar's action, may Allah be pleased with him, does not contradict the action of the Prophet, blessings and peace be upon him, since the circumstances are not the same according to the context of the two times and the needs of the companions and their scarcity. All of this was reflected in the time of Umar, may Allah be pleased with him. As for the men and those who are nearing puberty from the boys, the Imam - according to Malik and the majority of scholars - has discretion regarding them in five ways. Among them: killing, which is preferred for the brave and those who are skilled in warfare. Among them: ransom, which is preferred for those in positions who are not brave and from whom no opinion or deceit is feared for the benefit of the Muslims from the wealth taken from them. Among them: granting, which is preferred for those who are hoped to be kind to the captives of the Muslims and similar circumstances. Among them: enslavement. Among them: imposing the jizyah and leaving them in dhimmitude. As for food and sheep and similar things that are eaten, they are permissible in the enemy's land for the people to eat, and whatever remains is in the spoils.

Qadi Abu Muhammad, may Allah have mercy on him, said: As for four-fifths of what was gained, the Imam divides it among the army, and the mention of the division in this verse does not specifically refer to this, so I will shorten it here. As for the fifth, the scholars have differed regarding it.

Malik, may Allah have mercy on him, said: The opinion regarding it is for the Imam to allocate it to the Bayt al-Mal, and he gives from that house to the relatives of the Messenger of Allah, blessings and peace be upon him, what he sees fit, just as he gives from it to the orphans, the poor, and others. He only mentioned those mentioned as a means of alerting to them because they are among the most important to whom it should be given. Al-Zajjaj argued for Malik: Allah, the Exalted, said: ﴿They ask you what they should spend. Say: Whatever good you spend is for parents, relatives, orphans, the needy, and the traveler﴾ [Al-Baqarah: 215]. And the Imam has consensus that he can spend on other than these categories if he sees that as appropriate.

And a group said: The fifth was divided into six parts: a portion for Allah, which is returned to the poor of the Muslims or to the House of Allah, a portion for the Prophet, blessings and peace be upon him, a portion for his relatives, and a portion for others who were named. This saying was reported by Mundhir ibn Sa'id, and it was rejected. Abu al-Aliyah al-Riyahi said: The Prophet, blessings and peace be upon him, would take a handful from the fifth of the spoils and give it to the Ka'bah, so that is for Allah. Then he would divide the remainder into five parts: one for himself and one for others who were named.

Al-Hasan ibn Muhammad, Ibn Abbas, Ibrahim al-Nakha'i, Qatadah, and al-Shafi'i said: His saying, exalted is He, "So indeed, for Allah is His fifth" is an opening of speech, as a man says to his servant: "Indeed, Allah has freed you and I have freed you" in the manner of blessing and magnifying the matter. The whole world belongs to Allah, and the portion of Allah and the portion of the Messenger are one. The Messenger, blessings and peace be upon him, would divide the fifth into five parts as previously mentioned.

Ibn Abbas, may Allah be pleased with both of them, also said in what was narrated by al-Tabari: The fifth is divided into four parts, and the share of the Messenger, blessings and peace be upon him, is for his relatives, and there is nothing for Allah or the Messenger.

And a group said: The share of the Messenger, blessings and peace be upon him, after his death is returned to the people of the fifth, the relatives and others. And a group said: It is returned to the army, the companions of the four fifths. Ali ibn Abi Talib, may Allah be pleased with him, said: The Imam takes the share of Allah and His Messenger from them. And a group said: It is designated for purchasing equipment and horses in the way of Allah.

Ibrahim al-Nakha'i said: This is what Abu Bakr and Umar, may Allah be pleased with both of them, chose regarding it.

And the people of opinion said: The fifth after the Prophet, blessings and peace be upon him, is divided into three parts: a portion for the orphans, a portion for the needy, and a portion for the wayfarer. And the Messenger of Allah, blessings and peace be upon him, did not leave a legacy, so his share and the share of the relatives fell away. Their proof in this is the prohibition of Abu Bakr, Umar, and Uthman, may Allah be pleased with them, for the relatives.

The judge Abu Muhammad, may Allah have mercy on him, said: The prohibition was not established, but the Banu Hashim were opposed by the fact that Quraysh are relatives. And it was said: There was no spoils during the time of Abu Bakr, may Allah be pleased with him.

And al-Shafi'i said: The people of the fifth must be given from it, and the Imam should prefer those in need, but he should not completely deprive any category among them. And Malik, may Allah have mercy on him, said: The Imam has the right to give to the most needy even if he deprives others.

The judge Abu Muhammad, may Allah have mercy on him, said: The Messenger of Allah, blessings and peace be upon him, was specifically granted three things from the spoils: he had one-fifth of the fifth, and he had a share of a man in the other four fifths, and he had a special share that he would take before the division, whether it was an animal, a sword, or a slave girl. And there is no special share for anyone after him by consensus, except for what Abu Thawr said that the special share remains for the Imam, which is an opinion counted among the rare opinions.

And those of kin: the relatives of the Messenger of Allah, blessings and peace be upon him. Ali ibn al-Husayn, and Abdullah ibn al-Hasan, and Abdullah ibn Abbas, may Allah be pleased with them, said: "They are only the Banu Hashim." Mujahid said: The family of Muhammad, blessings and peace be upon him, are not permitted to receive alms, so for them was made the fifth of the fifth. Abdullah ibn Abbas, may Allah be pleased with him, said: But our people rejected this and said: "All of Quraysh are relatives." Al-Shafi'i, may Allah have mercy on him, said: "They are only the Banu Hashim and the Banu al-Muttalib." The Messenger of Allah, blessings and peace be upon him, said to Uthman ibn Affan and Jubayr ibn Mut'im at the time of the distribution of the share of the relatives from Khaybar to the Banu Hashim and the Banu al-Muttalib: "Indeed, the Banu Hashim and the Banu al-Muttalib are one entity; they did not separate from us in the days of ignorance nor in Islam."

Qadi Abu Muhammad, may Allah have mercy on him, said: They were with the Banu Hashim in the valley.

And a group said: All of Quraysh are relatives. It has been narrated from Ali ibn al-Husayn and Abdullah ibn Muhammad ibn Ali, may Allah be pleased with them, that they said: "The verse is all about Quraysh," and the intended meaning is the orphans of Quraysh and their poor.

And a group said: The share of the relatives after the Prophet, blessings and peace be upon him, is designated for his relatives. Umar ibn Abdul Aziz sent it to the Banu Hashim and the Banu al-Muttalib only. And a group said: It is for the relatives of the Imam who is in charge of the matter. Qatadah said: The share of the relatives was sustenance for the Messenger of Allah, blessings and peace be upon him, while he was alive; when he passed away, it was designated for the one in charge after him. Al-Hasan ibn Abi al-Hasan al-Basri said this too. Al-Tabari also narrated from al-Hasan that he said: The people disagreed about these two shares after the death of the Prophet, blessings and peace be upon him. Some said: The share of the Prophet is for the caliph. Others said: The share of the Prophet is for the relatives of the Prophet. And others said: The share of the relatives is for the relatives of the caliph. Their opinion came together to place these two shares in horses and equipment, and this was the case during the time of Abu Bakr, may Allah be pleased with him, and others said: And Umar.

And the orphans are those who have lost their fathers from among the children, and orphanhood in the children of Adam is from the fathers, and in animals it is from the mothers. The miskin is those who have nothing, and it is derived from stillness and lack of movement. And the ibn al-sabil is the traveler who has become in need during a journey, whether he is rich in his homeland or poor, he is still the ibn al-sabil. He is called this either because the way brings him forth as if it gives birth to him, or for his constant presence on the way, as they say: the son of water and the brother of travel. And from it is his saying, blessings and peace be upon him: "The son of adultery will not enter Paradise," and this has been mentioned before.

Qadi Abu Muhammad, may Allah have mercy on him, said: I have summarized the understanding of this verse according to brevity, and Allah is the One sought for help.

And "what" in His saying, the Exalted: (what you have gained) means that which, and in His saying: (you have gained) there is a pronoun that refers back to it. It has been reported from al-Farra that he permitted that "what" could be conditional, meaning: "that which is not," and the omission of this pronoun is not permissible according to Sibawayh except in poetry.

Indeed, whoever enters the church one day...

And the majority read: "For indeed, for Allah" with the hamzah opened. And Al-Ju'fi read from Abu Bakr from Asim, and Hussain from Abu Amr: "For indeed" with the hamzah broken. And Al-Hasan read: "One-fifth of it" with the meem being silent.

And His saying, the Exalted: ﴿If you have believed in Allah﴾, Al-Zajjaj said from a group: The meaning is: Know that Allah is your protector if you are. So, "if" is related to this promise. He also said from a group: It is related to His saying: ﴿And know that what you have gained﴾.

Qadi Abu Muhammad, may Allah have mercy on him, said:

And this is the correct view, because His saying: (And know) implies the command to submit and surrender to Allah's command regarding the spoils of war. So, he linked "if" to His saying: (And know) on this meaning, that is: If you are believers in Allah, then submit and surrender to Allah's command regarding what He has informed you about the situation of the division of the spoils. And His saying: ﴿And what We have sent down﴾ is an addition to His saying: (in Allah), and what is referred to by "what" is the victory and support that Allah, glorified and exalted is He, sent down on the day of Badr upon His Prophet and his companions. That is: If you are believers in Allah and in these verses and the magnificent signs that were sent down on the day of Badr. It is possible that the reference is to a Qur'an that was revealed on the day of Badr or in the story of the day of Badr, with a preference for this last interpretation.

Qadi Abu Muhammad, may Allah have mercy on him, said:

And it is possible that the meaning is: And know that what you have gained on the day of Al-Furqan, the day the two groups met, for indeed, one-fifth of it is for such and such if you have believed, that is: then submit to that and surrender. And this is a good interpretation of the meaning, and it is obstructed by the separation between the circumstance and what is related to it by this lengthy statement.

And ﴿the day of Al-Furqan﴾ means: the day of the distinction between truth and falsehood by honoring Islam and humiliating polytheism. Al-Furqan is a source from Farqa, which means to distinguish. And the two groups refer to the gathering of the Muslims and the gathering of the disbelievers. It is the day of the battle in which the leaders of Quraysh were killed at Badr, and there is no disagreement in that. And this is the position of Ibn Abbas, Mujahid, Muqsim, Al-Hasan ibn Ali, Qatadah, and others. It was on the Friday of the seventeenth of Ramadan in the second year of the Hijrah. This is the saying of the majority of people. And Abu Salih said: On the nineteenth. And Urwah ibn Al-Zubair doubted this, saying: On the nineteenth or on the seventeenth. And the correct view is what the majority holds.

And His saying, the Mighty and Majestic: ﴿And Allah is capable of all things﴾ supports that His saying: ﴿And what We have sent down to Our servant﴾ refers to victory and triumph, that is: the verses and the magnificent signs of the few overcoming the many, and that is by the power of Allah, the Exalted, who is capable of all things.