Abbas - Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs
Then the Prophet (pbuh) to the Helpers (al-Ansar): “These spoils and gardens are solely for the poor among the Emigrants. If you wish, I will divide your wealth and properties on the Emigrants and give you a share of the spoils, or you keep your wealth and properties and I divide the spoils on the poor among the Emigrants”. They said: “O Messenger of Allah, we would like to share our wealth and properties with them and we will also prefer them over ourselves and let them have the spoils”. Allah praised them for this by saying: (Those who entered the city) those who made it possible for the Prophet (pbuh) and his Companions to live in the abode of migration (and the faith before them) and were believers before the Immigrants came to them (love these who flee unto them for refuge) in Medina from among the Companions of the Prophet (pbuh) (and find in their breasts) in their hearts (no need) no resentful envy; and it is said this means: no vexation (for that which hath been given them) of spoils, while they did not get any, (but prefer (the fugitives) above themselves) with their wealth and homes (though poverty become their lot. And whoso is saved from his own avarice) and whoever drives away avarice from his own self (such are they who are successful) such are they who are saved from Allah's wrath and chastisement.
And those who had settled in the hometown, that is, Medina, and [had abided] in faith, that is to say, [those who] had embraced it with enthusiasm — these being the Helpers, before them, love those who have emigrated to them, and do not find in their breasts any need, any envy, of that which those [others] have been given, that is to say, of what the Prophet (s) had given the Emigrants from the [seized] possessions of the Banū al-Nadīr, [a share which was] exclusively theirs; but prefer [others] to themselves, though they be in poverty, in need of that which they prefer for [those] others [to have]. And whoever is saved from the avarice of his own soul, its covetousness for [acquiring] possessions, those — they are the successful.
(who were expelled from their homes and their property, seeking bounties from Allah and (His) good pleasure,) meaning, departed their homes and defied their people, seeking the acceptance of Allah and His favor,
(and helping Allah and His Messenger. Such are indeed the truthful.) meaning, `they are those who were truthful in statement and deed, and they are the chiefs of the Muhajirin.' Allah the Exalted praised the Ansar next and emphasized their virtue, status and honor, preferring to give to others over themselves, even though they were in need, and not feeling enviousness. Allah the Exalted said,
(And (it is also for) those who, before them, had homes and had adopted the faith,) referring to those who resided in the city to which the migration occurred, before the emigrants arrived at it, and who embraced the faith before many of the emigrants. `Umar said, "I recommend the Khalifah, who will come after me, to know the rights and virtues of the foremost Muhajirin and to preserve their honor. I also recommend him to be kind to the Ansar, those who resided in the city of Hijrah and embraced the faith beforehand, that he accepts the good that comes from those who do good among them and forgives those among them who commit errors.'' Al-Bukhari collected this Hadith. Allah said,
يُحِبُّونَ مَنْ هَاجَرَ إِلَيْهِمْ
(love those who emigrate to them,) indicates that they, on account of their generosity and honorable conduct, loved those who emigrated to them and comforted them with their wealth. Imam Ahmad recorded that Anas said, "The Muhajirin said, `O Allah's Messenger! We have never met people like those whom we emigrated to; comforting us in times of scarcity and giving us with a good heart in times of abundance. They have sufficed for us and shared their wealth with us so much so, that we feared that they might earn the whole reward instead of us.' He said,
(No they won't, as long you thanked them for what they did and invoked Allah for them.)'' I have not seen this version in the other books. Al-Bukhari recorded that Yahya bin Sa`id heard Anas bin Malik, when he went with him to Al-Walid, saying, "The Prophet called Ansar to divide Al-Bahrayn among them. The Ansar said, `Not until you give a similar portion to our emigrant brothers.' He said,
(Perhaps, no; but you will soon see people giving preference to others, so remain patient until you meet me (on the Day of Resurrection).)'' Al-Bukhari was alone with this version. He also recorded that Abu Hurayrah said, "The Ansar said (to the Prophet ), `Distribute our date-palms between us and our emigrant brothers.' He replied, `No.' The Ansar said (to the emigrants), `Look tend to the trees and share the fruits with us.' The emigrants said, `We hear and obey.''' Al-Bukhari, but not Muslim, recorded it.
(and have no jealousy in their breasts for that which they have been given,) meaning, the Ansar did not have any envy for the Muhajirin because of the better status, rank, or more exalted grade that Allah gave the Muhajirin above them. Allah's statement,
(that which they have been given,) refers to what the Muhajirin were favored with, according to Qatadah and Ibn Zayd.
(and give them preference over themselves even though they were in need of that.) meaning, they preferred giving to the needy rather than attending to their own needs, and began by giving the people before their own selves, even though they too were in need. An authentic Hadith stated that the Messenger of Allah said,
«أَفْضَلُ الصَّدَقَةِ جُهْدُ الْمُقِل»
(The best charity is that given when one is in need and struggling.) This exalted rank is better than the rank of those whom Allah described in His statements,
وَيُطْعِمُونَ الطَّعَامَ عَلَى حُبِّهِ
(And they give food, inspite of their love for it.)(76:8), and,
وَءَاتَى الْمَالَ عَلَى حُبِّهِ
(And gives his wealth, in spite of love for it.)(2:177) The latter give charity even though they love the wealth they give, not that they really need it, nor that it is necessary for them to keep it. The former prefer others to themselves even though they are in need and have a necessity for what they spend in charity. Abu Bakr As-Siddiq gave away all his wealth in charity and Allah's Messenger asked him,
«مَا أَبْقَيْتَ لِأَهْلِكَ؟»
(What did you keep for your family,) and he said, "I kept for them Allah and His Messenger.'' `Ikrimah (bin Abi Jahl) and two other wounded fighters were offered water when they were injured during the battle of Al-Yarmuk, and each one of them said that the sip of water should be given to another of the three wounded men. They did so even though they were badly injured and craving water. When the water reached the third man, he and the other two died and none of them drank any of the water! May Allah be pleased with them and make them pleased with Him. Al-Bukhari recorded that Abu Hurayrah said, "A man came to the Prophet and said, `O Allah's Messenger! Poverty has stuck me.' The Prophet sent a messenger to his wives (to bring something for that man to eat) but they said that they had nothing. Then Allah's Messenger said,
(Who will invite this person or entertain him as a guest tonight; may Allah grant His mercy to him who does so) An Ansari man said, `I, O Allah's Messenger!' So he took him to his wife and said to her, `Entertain the guest of Allah's Messenger generously.' She said, `By Allah ! We have nothing except the meal for my children.' He said, `Let your children sleep if they ask for supper. Then turn off the lamp and we go to bed tonight while hungry.' She did what he asked her to do. In the morning the Ansari went to Allah's Messenger who said,
(and they give them preference over themselves even though they were in need of that). '' Al-Bukhari recorded this Hadith in another part of his Sahih. Muslim, At-Tirmidhi, An-Nasa'i collected this Hadith. In another narration for this Hadith, the Companion's name was mentioined, it was Abu Talhah Al-Ansari, may Allah be pleased with him. Allah said,
(And whosoever is saved from his own greed, such are they who will be the successful.) indicating that those who are saved from being stingy, then they have earned success and a good achievement. Imam Ahmad recorded that Jabir bin `Abdullah said that the Messenger of Allah said,
(Be on your guard against committing oppression, for oppression is a darkness on the Day of Resurrection. Be on your guard against being stingy, for being stingy is what destroyed those who were before you. It made them shed blood and make lawful what was unlawful for them.) Muslim collected this Hadith. Ibn Abi Hatim recorded that Al-Aswad bin Hilal said that a man said to `Abdullah (bin Mas`ud),"O Abu `Abdur-Rahman! I fear that I have earned destruction for myself.'' `Abdullah asked him what the matter was and he said, "I hear Allah's saying,
(And whosoever is saved from his own greed, such are they who will be the successful.) and I am somewhat a miser who barely gives away anything.'' `Abdullah said, "That is not the greed Allah mentioned in the Qur'an, which pertains to illegally consuming your brother's wealth. What you have is miserliness, and it is an evil thing indeed to be a miser.'' Allah said,
(And those who came after them say: "Our Lord! Forgive us and our brethren who have preceded us in faith, and put not in our hearts any hatred against those who have believed. Our Lord! You are indeed full of kindness, Most Merciful.) This is the third type of believers whose poor most deserve to receive a part of the Fai'. These three types are the Muhajirin, the Ansar and those who followed their righteous lead with excellence. Allah said in another Ayah,
(And of the foremost to embrace Islam of the Muhajirin and the Ansar and also those who followed them exactly, Allah is well-pleased with them as they are well-pleased with Him.)(9:100) The third type are those who followed the Muhajirin and Ansar in their good works, beautiful attributes and who invoke Allah for them in public and secret. This is why Allah the Exalted said in this honorable Ayah,
وَالَّذِينَ جَآءُوا مِن بَعْدِهِمْ يَقُولُونَ
(And those who came after them say), meaning, the statement that they utter is,
(against those who have believed. Our Lord! You are indeed full of kindness, Most Merciful.) Indeed, it is a beautiful way that Imam Malik used this honorable Ayah to declare that the Rafidah who curse the Companions do not have a share in the Fai' money, because they do not have the good quality of those whom Allah has described here that they say,
(Our Lord! Forgive us and our brethren who have preceded us in faith, and put not in our hearts any hatred against those who have believed. Our Lord! You are indeed full of kindness, Most Merciful.) Ibn Abi Hatim recorded that `A'ishah said, "They were commanded to invoke Allah to forgive them, but instead, they cursed them!'' She then recited this Ayah,
(And those who came after them say: "Our Lord! Forgive us and our brethren who have preceded us in faith, and put not in our hearts any hatred against those who have believed.'')
Maududi - Sayyid Abul Ala Maududi - Tafhim al-Qur'an
From here to the end of verse 10, Allah explains how the lands and properties that were restored to the Islamic State after the exile of the Ban; an- Nadir, are to be managed and administered. As it was the first occasion that a land was conquered and included in the Islamic territory, and many more lands were destined to be conquered in the future, the law governing the conquered lands was enunciated at the outset. Here, a note-worthy point is that Allah at this place has used the words: Ma af'-Allahu ala Rasuli-hi min-hum "whatever Allah restored to His Messenger from them." These words clearly imply that the rebels of Allah Almighty are not entitled to own the earth and things existing on it. If they have become their owners and are appropriating them, their ownership and appropriation of these things is, in fact, in the nature of usurpation of a master's property by a dishonest servant. The real right of these properties is that these should be spent and used in the service and obedience of their real Master, Allah, Lord of the worlds, according to His will, and their this use is possible only through the agency of the righteous believers. Therefore, the true position of the properties which pass from the ownership of the disbelievers into the hands of the Muslims as the result of a lawful war, is that their real Owner has withdrawn them from His disobedient and disloyal servants, and restored them to His obedient and loyal servants. That is why, in the terminology of the Islamic Law such properties have been described as Fai (restored properties).
That is, "The restoration of these properties to the Muslims is not the result of the effort of the actual fighting army so that the army on that basis may have the right that the properties may be distributed among the soldiers, but its real nature is that Allah by His bounty has given dominance to His Messengers and the system that they represent over them. In other words, the passing of these properties into the Muslims' hands is not the direct result of the effort and struggle of the fighting army, but the result of the total strength that Allah has bestowed on His Messenger and his community and the system established by him Therefore, these properties are quite different in nature from the spoils of war and so cannot be distributed among the soldiers as such.
Thus, the Shari ah has made a distinction between ghanimah (spoils of war) and fai (restored properties). The injunction :n respect of the ghanimah has been given in surah AI-Anfal: 41, and it is this "It should be divided in five parts, four parts of which be distributed among the fighting army and the fifth deposited in the Public Treasury (Bait al-Mal), and expended on the items mentioned in the verse." As for the fai, the injunction is that it should not be distributed among the army, but it should be reserved for the items of expenditure being stated in the following verse. The distinction between the two has been made plain by the words: "You have not rushed your horses and camels on them," which imply the military operations. Thus, the properties which are taken as a direct result of such operations are the ghnimah and those which arc not the result of these operations are the fai. The distinction between ghanimah and tai that has been mentioned in this verse, has been explained in greater detail by the juristis of Islam. Ghanimah are only those transferable properties which are taken from the enemy during military action; other things than these, e.g. lands, houses and other transferable and nontransferable properties of the enemy, are excluded from the definition of ghanimah and are fai. The source of this explanation is the letter that Hadrat 'Umar (may Allah be pleased with him) had written to Hadrat Sa'd bin Abi Waqqas after the conquest of 'Iraq. In that letter he wrote: "Distribute the properties and goods which the soldiers of the army collected and brought to your camp among the Muslims who participated in the war, and leave the lands and the canals with those who work on them so that the proceeds thereof are used for the salaries of the Muslims." (Abu Yusuf. Kitab al-Kharaj, p. 24; Abu 'Ubaid, Kitab al-Amwal, p. 59; Yahya bin Adam, Kitab al-Kharaj, pp. 27-28, 48). On this very basis, Hadrat Hasan Basri says: "Whatever is taken from the enemy camp, is the right of those who won victory over it? and the lands are for the Muslims." Yahya bin Adam, p. 27). And Imam Abu Yusuf says: “Whatever the Muslims take from the enemy troops, and whatever goods and arms and cattle they collect and bring to their camp, is ghanimah; from this one-fifth will be deducted and the rest distributed among the soldiers." (Kitab al-Kharaj, p. 18). The same is the opinion of Yahya bin Adam, which he has expressed in his Kitab al-Kharaj (p. 27). Even more than this, what makes the distinction between ghanimah and fai clearer is that after the Battle of Nahawand when the ghanimah had been distributed and the conquered lands had been included in the Islamic State. a man named Sa'ib bin Aqra' found two bags of jewels outside the fort. He was confused whether it was the ghanimah which should be distributed in the army, or the fai which should be deposited in the Bait al-Mal Consequently, he came to Madinah and put the matter before Hadrat 'Umar, who decided that it should be sold and the price deposited in the Bait-al-Mal. From this it becomes clear that ghanimah are only those transferable properties which are taken by the soldiers during the war. After the war is over, the transferable properties also, like the nontransferable properties, become fai. Imam Abu 'Ubaid relates this event and says: "The properties that arc seized from the enemy by the use of force, when the war is still in progress, are ghanimah and what is taken after the war is over, when the territory has become Dar al-Islam (abode of Islam), is fai, which should be reserved for the common people of the dar al-Islam; the law of the one-fifth (khums) will not be applicable to it. " (Kitab al-Amwal p. 254).
After defining ghanimah thus, the rest of the properties, wealth and lands, which pass from the disbelievers' ownership to the Muslims may be divided into two main kinds first those which are taken as a result of actual fighting fanwatan in Fiqh terminology); second, those which are taken by the Muslims as a result of the peace terms whether peace is concluded because of the pressure of the military power of the Muslims, or their dread and awe, and in this are also included all those properties which pass into the Muslims' ownership in every other way than as a result of actual fighting The differences that have arisen among the jurists of Islam have been only concerning the first kind of the properties in order to determine their correct legal position, for they do not come under 'those upon which you have not rushed your horses and camels." As regards the second kind of the properties, all agree that they are fai, for the Qur'an has explicitly laid down the injunction about them. Below we shall discuss in detail the legal position of the first kind of the properties.
In the preceding verse what was pointed out was why these properties should not be distributed among the fighting army like the spoils, and why the legal injunction concerning them is different from that concerning the spoils Now in this verse it is being stated as to who are entitled to have a share in these properties.
The first share in these is of Allah and His Messenger. The detail of how the Holy Prophet (upon whom be Allah's peace) acted on this injunction has been related by Malik bin Aus bin al-Hadathan on the authority of Hadrat 'Umar (may Allah be pleased with him), thus: The Holy Prophet used to take from it necessary expenses for himself and his family and the rest he used to spend on arranging arms and conveyances for Jihad. (Bukhari Muslim, Musnad Ahmad, Da 'ud, Tirmadhi Nasa i and others). After the passing away of the Holy Prophet this share was transferred to the Public Treasury of the Muslims so that it is spent in the service of the mission which Allah had entrusted to His Messenger. Imam Shafa' i is reported to have expressed the opinion that the share which was specifically meant for the Holy Prophet's person (upon whom be Allah's peace), is for his caliph after him, for the Holy Prophet was entitled to it on the basis of his office of leadership and not on the basis of the office of Apostleship. But the view of the. majority of the Shafe'i jurists in this matter is the same as of the other jurists, viz. that this share now is reserved for the religious and collective welfare of the Muslims, and not for any particular. person.
The second share is of the kinsfolk, and this implies the kinsfolk of the Holy Prophet (upon whom be Allah's peace), i.e. the Bani Hashim and the Bani al-Muttalib. This share was set aside so that, besides meeting his own and his family's requirements, the Holy Prophet could also fulfill his obligations towards those of his relatives who stood in need of his help, or whom he felt like helping.,After the death of the Holy Prophet (upon whom be Allah's peace) this ceased to be a separate and independent source, because like the right; of the orphans and the wayfarers and the indigent among the Muslims, looking after the rights of the needy among the Bani Hashim and the Bani al-Muttalib also became the responsibility of the Public Treasury. However, they were treated as superior to others in so far as they had no share in the zakat. Hadrat 'Abdullah bin 'Abbas has related that in the time of Hadrat Abu Bakr and 'Umar and 'Uthman (may Allah be pleased with them), the first two shares were dropped and only the remaining three shares (i.e. those for the orphans and the indigent and the wayfarers) were kept as of those entitled to fai Then Hadrat `Ali (may Allah be pleased with him) also acted on the same in his time, Muhammad bin Ishaq has related on the authority of Imam Muhammad Baqir that although Hadrat 'Ali's personal opinion was the same as of the people of his house (that this share should be given to the relatives of the Holy Prophet), he did not think that he should act against the practice of Abu Bakr and `Umar. Hasan bin Muhammad bin Hanafiyah says that after the Holy Prophet a difference of opinion arose about these two shares (i.e. the share of the Holy Prophet and the share of his relatives). Some people said that the first share should go to the Holy Prophet's caliph, some said that the second share should go to the relatives of the Holy Prophet, and still others said that the second share should be given to the relatives of the caliph. At last, a consensus was reached that both the shares be spent on the requirements of Jihad 'Ata' bin Sa'ib says that Hadrat 'Umar bin 'Abdul `Aziz in his time had started sending the share of the Holy Prophet and the share of the relatives to the Bani Hashim. The opinion of Imam Abu Hanifah and of most of the Hanafi jurists is that in this matter the same practice is cornet as was., being followed in the time of the righteous Caliphs. (Abu Yusuf, Kitab al-Kharaj pp. 19-21). Imam Share'i's opinion is that both the rich and the needy from among the people whose being descended from the Bani Hashim and the Bani al-Muttalib is confirmed, or is well known, can be given shares from fai. (Mughni al-Muhtaj). The Hanafis say that only their needy people can be helped from this; however, their right to this is greater than that of others. (Ruh al-Ma'ani). According to Imam Malik, there is no restriction on the government in this matter. It can spend on any head that it deems fit and proper, but the better course is that it should give preference to the people of the Holy Prophet's house. (Hashiyah ad-Dusuqi ala-sh-Sharh-al-Kabir).
About the remaining three shares there is no dispute among the jurists. However, the difference between Imam Shafe'i and the other Imams is that according to Imam Shafe'i the total properties of fai are to be divided into five equal parts one part of which is to be spent on the above-mentioned heads in such a way that one-fifth of it is spent on the common benefits of the Muslims, one-fifth on the Bani Hashim and the Bani al-Muttalib, one-fifth on the orphans, one-fifth on the indigent and one-fifth on the wayfarers. However, Imam Malik, Imam Abu Hanifah and Imam Ahmad do not concur with this division. Their opinion is that the whole of fai is for the welfare and common benefit of the Muslims. (Mughni al-Muhtaj).
This is one of the most important verses of the Qur'an, which lays down the basic principle of the economic policy of the Islamic community and government. Wealth should circulate among the whole community and not only among the rich lest the rich should go on becoming richer day by day and the poor poorer. This policy has not merely been enunciated in the Qur'an, but for the same objective the Qur'an has forbidden interest, made the zakat obligatory, enjoined that khums (one-fifth) be deducted from the booty, exhorted the Muslims to practice voluntary charity, has proposed such forms of different kinds of atonements that the flow of wealth is turned towards the poor classes of society, and has made such a law of inheritance that the wealth left by every deceased person spreads among the largest circle of the people. Apart from this, stinginess has been condemned and generosity commended as a noble moral quality, the well-to-do people have been told that in their wealth there is a definite share of the beggar and the indigent, which they must discharge not as charity but as the right of the concerned people, and the law enjoined in respect of a major source of revenue of the Islamic government (i.e. far) is that its one portion must necessarily be spent on supporting the poor classes of society. In this connection, it should also be borne in mind that there are two main sources of the revenue of the Islamic government: zakat and fai. The zakat is charged from the Muslims on their total extra capital, cattle, wealth, trade goods and agricultural produce, which is over and above the minimum exemption limit (nisab), and most of it is reserved for the poor. And fai comprises all the revenues including jizyah and taxes which are received from the non-Muslims; a major part of these also is set aside for the poor, This gives a clear hint to the effect that an Islamic government should manage its revenues and expenditure and the financial and economic affairs of the country on the whole in such a manner that the wealthy and influential people are not allowed to have their monopoly over the means and resources of wealth, and the flow of wealth is neither turned from the poor to the rich nor it should remain circulating only among the rich.
In view of the context the verse means: "Accept without question whatever decision the Holy Prophet (upon whom be Allah's peace) gives about the management of the properties of the Bani an-Nadir, and likewise about the distribution of fai properties and goods afterwards. One should take whatever the Prophet gives him, and the one whom he does not give anything, should neither protest nor demand it But since the words of the Command arc general, its application is not restricted to the distribution of the Jai properties and goods only, but its intention is that in all matters the Muslims should obey the Holy Prophet (upon whom be Allah's peace). This intention of the Command becomes all the more clear when we consider that as against "whatever the Messenger gives you" the words used are "whatever he forbids you" and not "what. ever he does not give you. " If the object of the Command were restricted to call obedience to the distribution offal properties and goods.only, then as against "whatever he gives you" the words should have been "whatever he does not give you. " The use of the forbidding or restraining words in this context by itself shows that the object of the Command is to enjoin obedience to the Holy Prophet in whatever he commands and forbids. The same thing has been stated by the Holy Prophet (upon whom be Allah's peace) himself. According to Hadrat Abu Hurairah he said: "When I command you to do a thing, do it as far as you can; and when I forbid you to do a thing, restrain from it." (Bukhari, Muslim). About Hadrat `Abdullah bin Mas'ud it has been related that once during a speech he said: "Allah has cursed the woman who practices such and such a fashion." Thereupon a woman approached him and asked, "Where from have you derived this thing? For I have not seen such a thing anywhere in the Book of Allah." Hadrat `Abdullah replied, "Had you studied the Book of Allah, you would certainly have found it therein. Have you not read the verse: Ma ata-kum ar-Rasulu fa-khudu hu wa ma naha-kum `anhu fantahu: "Take whatever the Messenger gives you, and refrain from whatever he forbids you. " When she said that she had read this verse, Hadrat `Abdullah said: "So the Holy Prophet (upon whom be Allah's peace) has forbidden this act, and has given the news that Allah has cursed the women who practice it. " The woman agreed that she had understood the Command. (Bukhari Muslim, Musnad Ahmad, Musnad Ibn abi Hatim,).
This implies those people who at `that time had been expelled from Makkah and other parts of Arabia only because they had embraced Islam. Before the conquest of the territory of the Ban; an-Nadir these emigrants had no permanent means of sustenance. Therefore. it was commanded that in the properties which were then taken, and in the fai properties which are taken in future there is also a share of these people along with the common poor people and the orphans and the wayfarers. With these properties all such people should be helped, who are forced to emigrate for the cause of Allah and His Messenger to the abode of Islam. Accordingly, the Holy Prophet (upon whom be Allah's peace) distributed a part of the properties taken from the Bani an-Nadir among the Emigrants and the oases which the Ansar had set aside for the support and maintenance of their emigrant brothers were returned to them. But it is not correct to think that the Emigrants had this share in the fai only at that time. In fact, the intention of the verse is to point out that till Resurrection it is the duty of the Islamic government of the country to settle the people who are exiled and compelled to take refuge in it because of being Muslims and to enable them to stand on their feet economically; and it should spend on this head also from the fai properties besides the zakat funds.
This implies the Ansar. In other words, not only arc the Emigrants entitled to fai but those Muslims also are entitled to receive their share from it, who were already living in the abode of Islam (Madinah).
This is in praise of the Ansar, the Muslims of Madinah. When the Emigrants came from Makkah and other places to their city, they offered their gardens and oases to the Holy Prophet (upon whom be Allah's peace) with the request that he distribute them among their emigrant brethren-in-faith. The Holy Prophet said: "These people do not know gardening: they have come from a region where there are no gardens. Could it not be that you (the Ansar) continue to work in the gardens and oases and make the Emigrants partners in the produce? The Ansar submitted: `We have heard and obeyed'." (Bukhari, Ibn Jarir). Thereupon the Emigrants said: "We have never seen any people so self-sacrificing as the Ansar, for they would work and labour and make us partners in the produce. We think they would thus be entitled to all spiritual rewards. The Holy Prophet (upon whom be Allah's peace) said: "Nay, as long as you would praise them and pray for their well-being, you also would get your rewards. " (Musnad Ahmad). Then, when the territory of the Bani an-Nadir was taken, the Holy Prophet made this proposal to the Ansar: "Now one way of managing it is that your properties and the gardens and the oases left by the Jews be combined together and then the whole distributed among you and the Emigrants." the second way is that you take back your properties, and the lands vacated by the Jews be distributed among the Emigrants. " The Ansar said: "Sir, you may please distribute these evacuee properties among the Emigrants and may give them of our properties also as you please. " At this Hadrat Abu Bakr cried out: "May Allah reward you, O assembly of the Ansar, with the best of everything!" (Yahya bin Adam. Baladhuri). Thus, with the willing consent of the Ansar the properties left by the Jews were distributed only among the Emigrants, and from among the Ansar only Hadrat Abu Dujanah, Hadrat Sahl bin Hunaif and (according to some) Hadrat Harith bin as-Simmah were given shares, for they were poor people. (Baladhuri. Ibn Hisham Ruh al-Ma ani. The same self-sacrificing spirit was shown by the Ansar when the territory of Bahrain was annexed to the Islamic State. The Holy Prophet (upon whom be Allah's peace) wished that the conquered lands of that territory be given to the Ansar, but they submitted: "We would not take any share from it unless a similar share was given to ow emigrant brothers." (Yahya bin Adam). Allah has praised the Ansar for this-very spirit of self-sacrifice.
The word used here means "are saved" and not "were safe", for without Allah's help and succor no one can attain to the wealth of the heart (liberal-mindedness) by his own power and effort. This is a blessing of God, which one can attain only by God's bounty and grace The word shuhh is used for stinginess and miserliness in Arabic. But when this word is attributed to the self of matt it becomes synonymous with narrow-mindedness, niggardliness, meanspiritedness and small-heartedness, and not mete stinginess: it is rather the root cause of stinginess itself. Because of this very quality man avoids acknowledging even the good qualities of another, not to speak of recognizing his rights and discharging them. He wants that he alone should gather up everything in the world, and no one else should have anything of it. He never feels content with his own right. but usurps the rights of others, or at least wants to have for himself all that is good in the world and should not leave anything for others. On this very basis one's being saved from this evil has been described in the Qur'an as a guarantee for success. The Holy Prophet (upon whom be Allah's peace) has counted it among the most evil qualities of man which are the root cause of corruption and mischief. Hadrat Jabir bin `Abdullah has reported that the Holy Prophet said: "Avoid shuhh for it was shuhh which ruined the people before you. It incited them to shed each other's blood and make the sacred and forbidden things of others lawful for themselves. " (Muslim, Musnad Ahmad, Baihaqi, Bukhari in Al-Adab). The tradition of Hadrat 'Abdullah bin 'Umar contains the following words: "It led them to commit wickedness and they committed it; it commanded them to commit sins and they committed sin; it urged them to break off all connections with the kindred and they broke off all connections with them. " (Musnad Ahmad, Abu De ud Nasa i). Hadrat Abu Hurairah has reported that the Holy Prophet said. "Faith and shuhh of the self cannot combine in one and the same heart. " (Ibn Abi Shaibah, Nasa '% Baihaqi in Shu ab al-Iman, Hakim). Hadrat Abu Sa'id Khudri has stated that the Holy Prophet said: "Two of the qualities are such that they cannot combine in a Muslim: stinginess and misbehaviour." (Abu Da'ud. Tirmidhi Bukhari in AI-Adab)- It is as a result of t us very teaching of Islam that, apart from individuals, the Muslim people as a nation are still the most generous and liberal. minded people in the world. There are millions and millions of Muslims living side by side with those non-Muslim people from among whom they sprung who have become proverbial for their narrow-mindedness and miserliness. The clear distinction existing between the two peoples in respect of liberal-mindedness and miserliness cannot be explained in any other way than that it is the moral teaching of Islam that has made the Muslims so large-hearted and liberal-minded.
But as the conquests had not yet become common in the Holy Prophet's time and separate injunctions in respect of the different kinds of conquered territories had not yet become clearly known to the people, so when big countries were annexed to Islam in the tune of Hadrat 'Umar, the Companions were faced with the problem whether the territories conquered by force were in the nature of ghanimah or fat. After the conquest of Egypt Hadrat Zubair demanded: "Distribute this, whole land just as the Holy Prophet had distributed Khaiber. " (Abu 'Ubaid). About the conquered territories of Syria and 'Iraq, Hadrat Bilal insisted: "Distribute aII the lands among the fighting forces just as the spoils are distributed. '(Abu Yusuf, Kitab al-Kharaj On the other hand, Hadrat 'AIi gave this opinion: "Leave these lands in possession of the peasants so that they continue to remain a source of income for the Muslims." (Abu Yusuf, Abu 'Ubaid,). Likewise, the opinion of Hadrat Mu'adh bin Jabal was; "If you distributed these lands, evil consequences would occur. Because of this distribution large properties will pass into the hands of those few people, who have conquered them. Then, when these people pass away and their properties pass on to their heirs and there is left only one woman or only one man from among them, nothing might remain for the future generations to meet their needs and even to meet the expenses of safeguarding the frontiers of the Islamic State. Therefore, you should so settle things that the interests both of the present and of the future generations are equally safeguarded." (Abu `Ubaid, p. 59; Fath al-Bari, vol. vi, p. 138). Hadrat `Umar calculated and found that if the territories of `Iraq were distributed, each individual would receive two or three peasants on the average as his share, (Abu Yusuf. Abu 'Ubaid). Thereupon he arrived at the judicious conclusion that those territories should not be distributed. Thus, the replies that he gave to those who demanded their distribution, were as follows:
"What will happen of the Muslims who cane afterwards when they find that the land along with its peasants has been distributed and the people have inherited their forefathers? This is not at all just. " (Abu Yusuf)
"What will be left for the Muslims who cant after you? I am afraid if I distribute it, you would fight among yourselves over water. " (Abu Yusuf)
But the people were not satisfied with these replies, and they started saying that he was being unjust. At last, Hadrat 'Umar convened a meeting of the consultative body of the Companions and put the matter before it. Here are some of the sentences of the speech that he made on this occasion: "I have given you this trouble so that you may join me in shouldering the trust that has been put in me for governing your affairs. I am one of you, and you are the people who affirm the truth today. Everyone of you has the option to agree to or differ from what I say. I do not wish that you should follow my desire. You have the Book of Allah, which states the whole truth. By God, if I have said something which I want to enforce, I have no object in view except the truth. You have heard those who think that I am being unjust to them and want to deprive them of their rights, whereas I seek Allah's refuge that I should commit an injustice. It would be vicious on my part if I withheld from them something which actually belonged to them and gave it to another. But I can see that no other land after the land of the Chosroe is going to fall. Allah has given the properties of the Persians and their lands and their peasants in our possession. I have distributed the booty taken by our armies among them after the deduction of the khums (one fifth), and am thinking of distributing the rest which yet remains. But as for the lands my opinion is that I should not distribute them and their peasants, but should levy revenue on the lands and jizyah on the peasants, which they should always pay, and this should be the fai for the common Muslims and their children and the armies of today and for the generations yet to come. Don't you see that we need the troops who should be appointed to protect these our frontiers? Don't you see that in territories like Syria, AI-Jazirah, Kufah, Basra, Egypt we should station our troops, and they should be regularly for their services? So, if I distribute these lands along with their peasants, how shall we meet these expenses?"
The debate went on for two or three days. Hadrat `Uthman Hadrat 'Ali, Hadrat Talhah, Hadrat `Abdullah bin `Umar and others concurred with Hadrat 'Umar, but nothing could be decided. At last, Hadrat `Umar rose and said: "I have found an argument in the Book of Allah, which is decisive in this matter. Then, he recited these very verses of Surah AI-Hashr from Ma afaa'Allahu to Rabbana innaka Ra uf. ur-Rahim, and argued: "The people of this day only are not entitled to receive a share in these properties bestowed by Allah, but AIlah has joined with them also those people who will come after them. Then, how can it be that we should distribute the fai properties which are meant for all, only among the conquerors and leave nothing for the later generations? Moreover, Allah says: '...so that this wealth does not remain circulating among your rich people only.' But if distribute it among the conquerors, it will remain circulating only among your rich and nothing would be left for others. " This argument satisfied everybody and consensus was reached that all the conquered territories should be declared fai for the common benefits of the Muslims, which should be left with those who work on those lands and they should be put under revenue and jizyah. (Abu Yusuf Kitab al-Kharaj, pp. 23-27, 35; AI-Jassas, Ahkam al-Qur'an).
Accordingly, the real position of the conquered lands that came to be established was that the Muslim people in their collective capacity are their owners; the people who were already working on them would be recognized as cultivators on behalf of the Muslim people; they would continue to pay the prescribed revenue to the Islamic government on those lands, their rights as cultivators would pass from generation to generation as heritage, and they would even be allowed to sill those rights, but they will not be the real owners of the land, but its real owners will be the Muslim community. Imam Abu `Ubaid in his Kitab al-Amwal has stated this legal position, thus:
The Malikis say that as soon as the lands have been conquered they automatically become a legacy for- the Muslims. It does not need the Imam's ruling or the willingness of the Muslim soldiers to declare them a legacy. Besides, the well known view among the Malikis is that not only the lands but the houses and buildings of the conquered territories also are, as a matter of fact, a legacy for the Muslims. However, the Islamic government will not charge the rent for them. (Hashiyah ad-Dusuqi)
In this verse although the real object is only to pouts out that in fai not only the people of the present generation but.he Muslims of the later periods and their future generations also have a share, yet, besides, the Muslims have also been taught an important moral lesson that they should never have any malice against other Muslims in their hearts, and they should continue to pray for the forgiveness of the Muslims who have gone before them instead of cursing and abusing them. The bond that binds the Muslims together is that of a common Faith. If a person values his Faith as the most important thing in his heart, inevitably he would be a well-wisher of all those people who are his brethren-in faith. He can have ill-will and malice and hatred towards them in his heart only when the value of the Faith decreases in his sight and he starts valuing other things more. Therefore, it is the requirement of Faith that a believer's heart should be free from every trace of malice and hatred against the other believers. In this matter the best lesson is given by a Hadith which Nasa'i has related from Hadrat Anas. According to him, once it so happened that for three days continuously the Holy Prophet (upon whom be Allah's peace) declared in his assembly that a person was going to appear before them who belonged to the dwellers of Paradise, and every time it would be a certain person from among the Ansar. At this Hadrat 'Abdullah bin `Amr bin `As became curious as to what deeds the person concerned performed on the basis of which the Holy Prophet had repeatedly given the good news of his admission to Paradise. Thus, he made an excuse and spent three consecutive nights in his house to see how he performed his worship, but during the night he did not sec any thing unusual. At last, he asked him directly as to what special acts and devotions he performed on the basis of which the Holy Prophet had given the great good news about him. He replied: °You have seen how I perform my worship, but there is one thing which might have carved me this reward: I do not harbor any malice or evil design against any Muslim, nor fuel jealous of him on account of any good that Allah might have bestowed on him."
Imam Malik and Imam Ahmed arguing from this verse, have expressed ' the opinion that there is no share in fai for the people who malign the Companions of the Holy Prophet. (Ibn al-Arabi, Ahkam al-Quran; Ghayat al-Muntaha). But the Hanafis and the Shafe'is have not concurred with this, the reason being that Allah while declaring the three groups to be entitled to fai, has praised a conspicuous quality of each group but none of these qualities is a condition which may determine whether a group should or should not be given a share in fai. About the Emigrants it has been said: "They seek Allah's bounty and His goodwill, and are ever ready to succor Allah and His Messenger." This does not mean that an Emigrant who lacks this quality, is not entitled to have a share in fai. About the Ansar it has been said: "They love those who have migrated to them and entertain no desire in their hearts for what is given to them and prefer others about themselves even though they be needy themselves. " This also does not mean that a member of the Amar who has no love for the Emigrants and who is desirous of getting for himself what is being given to them, has no share in fai. Therefore, the quality of the third group that "they pray for the forgiveness of those who embraced the Faith before them and they pray that they should not have any malice in their hearts towards any other believer", is also no condition to make one entitled to fai, but this is in praise of a good quality and an instruction as to what should be the attitude of the believers towards the other believers and especially in respect of those believers who have gone before them.
…They give preference to others over themselves, even if they be in poverty (khaṣāṣa)… He said:That is, in hunger (majāʿa) and poverty (faqr). The Arabs say a person is makhṣūṣ when he is poor (faqīr). Thus they gave preference to the good pleasure of God over their own desires. The act of giving preference to others over yourself (īthār) is the testimony (shāhid) of love.The saying has been related from Wuhayb b. al-Ward: ‘God, Exalted is He, says, “By My might, greatness and majesty, there is no servant who gives preference to My desire over his own desire, without My decreasing his worries, returning to him what he has lost, removing want from his heart, placing richness before his eyes, and trading in his interest through every trader. And by My might and majesty, there is no servant who gives preference to his own desire over My desire, without My increasing his worries, keeping him at a distance from what he has lost, removing richness from his heart and placing poverty before his eyes, and then I care not in which valley he may perish.”’ His words, Exalted is He:
…Whoever is saved from the avarice (shuḥḥ) of his own soul — they are the successful.He said:That is, he who is saved from the covetousness (ḥirṣ) of his self and its miserliness (bakhl) in everything except God and His remembrance, will abide with God, enjoying a good life, a good life.His words, Exalted is He:
(Those who entered the city and the faith before them…) [59:9]. Ja‘far ibn Burqan related that Yazid al-Asamm said: “The Helpers said: ‘O Messenger of Allah, divide the land into two equal halves between us and the Emigrants’. He said: ‘No, they will suffice you their livelihood. Instead you will share the fruits of the land with them while keeping the land itself to yourselves’. They said: ‘We accept’, and so Allah, exalted is He, revealed (Those who entered the city and the faith before them…)”. (… but prefer (the fugitives) above themselves though poverty become their lot…) [59:9]. Sa‘id ibn Ahmad ibn Ja‘far al-Mu’adhdhin informed us> Abu ‘Ali al-Faqih> Muhammad ibn Mansur ibn Abi al-Jahm al-Sabi‘i> Nasr ibn ‘Ali al-Jahdami> ‘Abd Allah ibn Dawud> Fudayl ibn Ghazwan> Abu Hazim> Abu Hurayrah who related that the Messenger of Allah, Allah bless him and give him peace, entrusted one of the folk of the Platform (al-Suffah) to a man from the Helpers. The latter took the former to his family and asked his wife: “Do we have anything [to feed him]?” She said: “We do not have anything except the children’s food”. He said: “Put them to sleep and then bring me the food. And when you put the food down, turn the lamp off”. She did as her husband requested. The Helper offered what he had to his guest. The following morning he took him back to the Messenger of Allah, Allah bless him and give him peace. The Prophet, Allah bless him and give him peace, said: “Indeed, the dwellers of the heavens are amazed at what you two have done”. This verse was then revealed (… but prefer (the fugitives) above themselves though poverty become their lot…). This was narrated by Bukhari> Musaddid> ‘Abd Allah ibn Dawud, and also by Muslim> Abu Kurayb> Waki‘, and both Ibn Dawud and Waki‘ related it from Fudayl ibn Ghazwan. Abu ‘Abd Allah ibn Ishaq al-Muzakki informed us> Abu’l-Hasan Muhammad ibn ‘Abd Allah al-Sulayti> Abu’l-‘Abbas ibn ‘Isa ibn Muhammad al-Marwazi> al-Mustajir ibn al-Salt> al-Qasim ibn al-Hakam al-‘Urani> ‘Ubayd Allah ibn al-Walid> Muharib ibn Dithar> ‘Abd Allah ibn ‘Umar who said: “One of the Companions of the Messenger of Allah, Allah bless him and give him peace, was gifted a sheep’s head. The man said [to himself]: ‘My brother so-and-so is more in need of it than I’, and he sent it to him. This sheep’s head was sent from one person to another — it was handled by seven households — until it returned to the first man who was gifted it in the first place. This verse (… but prefer (the fugitives) above themselves though poverty become their lot…), up to the end, was revealed about this”.