Commentary
The Concept of Fai' and its Law of Distribution
وَمَا أَفَاءَ اللَّـهُ عَلَىٰ رَسُولِهِ مِنْهُمْ (And whatever fai' [ left over property ] Allah has passed on to His Messenger from them, ...59:6). The word afa'a is derived from fai'un which means 'to return'. Thus the time of the afternoon when the shade of things returns to the east is referred to as fai'. The real ownership of the entire universe belongs to Allah. The ownership of things can be ascribed to human beings when Allah Himself declares them, through His Law, to be under the ownership of a human being. However, when people rebel against Allah, indulging in disbelief and shirk, their lives and properties are confiscated through properly constituted Authority and their ownership return to the Real Owner, Allah. From this point of view, all properties acquired from the unbelievers should be called fai'. However, the sacred Law of Shari` ah draws a distinction between the terms ghanimah [ spoils ] and fai'. The former refers to a property which is acquired from non-Muslims through active armed struggle, as in [ 8:41] وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ (And know that whatever spoils you receive...). However, the word 'fai' refers to a property acquired without resorting to an actual fight, (like in a state of peaceful surrender.) These two terms have been used to set down rules of these two types in the Holy Qur'an. Surah Al-Anfal dealt with injunctions relating to ghanimah or spoils, which is acquired from non-Muslims in the wake of armed struggle. The present Surah takes up the subject of fai' and the law of its distribution. The term fai' includes any property or wealth which the non-Muslims might leave behind and run away, or make over to the Muslim Authority willingly or with consent like Khiraj, jizyah or commercial duty.
مَّا أَفَاءَ اللَّـهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ (Whatever fai' Allah has passed on to His Messenger ﷺ from the people of the towns... 59:7). The phrase ahl ul-qura or 'the people of the towns' refers to the Jewish tribes like Banu Nadir and Banu Quraizah whose wealth and property were obtained without armed struggle. The laws pertaining to the distribution of the two types of spoils are different. Unlike ghanimah [ spoils of war ], fai' is not distributed among the mujahidin (participants in fighting). The Holy Prophet ﷺ is granted full authority to give as much as he likes to whomsoever he likes or to retain for himself at his discretion. However, a few classes of beneficiaries have been clearly defined. The fai' must be distributed among the defined five classes.
The foregoing verses set down the rules pertaining to fai', its beneficiaries and its method of distribution. Some details are available at the beginning of Surah Al-Anfal in Volume 4 of Ma` ariful Qur'an, pages 148-151 and more details of the injunctions are available in the same volume on pages 221-229, under verse 41. It needs to be borne in mind that the wordings of Surah Al-Anfal regarding Khums [ 1/5th ] of ghanimah is almost identical to the wordings of fai' mentioned in the present verse. Let us compare: 8:41 reads: وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلَّـهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (And know that whatever spoils you receive, its one-fifth is for Allah and His Messenger and for kinsmen and orphans and the needy and the wayfarer... 8:41). Verse [ 7] of the present Surah reads as above which means: "Whatever fai' Allah has passed on to His Messenger from the people of the towns is for Allah and for His Messenger ﷺ ، and for kinsmen and orphans and the needy and the wayfarer....59:7). In both these verses, six classes of beneficiaries are mentioned: Allah, the Messenger, kinsmen, orphans, the needy and the wayfarer. It is all too clear that Allah is the Real Owner and Master of this world, the next world and the entire creation. The name of Allah in relation to the shares has been mentioned by way of blessing or benediction, because the wealth or property thus associated with Allah's name attains honour and distinction. It also points to the permissibility and purity of the wealth. This is the view of Sayyidna Hasan Al-Basri, Qatadah, ` Ata', Ibrahim, Sha'bi رحمۃ اللہ علیہم and the commentators in general. [ Mazhari ]
In the commentary of Surah Al-Anfal, it was fully and exhaustively explained how wealth attains honour and distinction by the mention of Allah's name which, in brief, amounts to the following: The prophets are not allowed to avail of Sadaqat or charities, even though they are derived from the pure wealth of the Muslims. The question might arise how the ghanimah and fai' are made lawful for the Holy Prophet ﷺ ، while they are derived from the infidels? By mentioning Allah's name at the beginning of the verse, this doubt has been removed. The point is that Allah is the real owner of the entire universe. Human beings come to own certain things when Allah by His own grace declares for them to pass into human ownership. However, when a certain segment of human beings rebels against Allah, Jihad is waged against them by Allah's command, which means that, during the war, their lives and properties are no longer sacred. In this way, all their wealth is confiscated in the name of the Authority in command. The confiscated properties are named ghanimah, spoils or war booty - which goes out of the ownership of disbelievers and gets itself deposited separately as being under the ownership of Allah alone. And as stated earlier, the word fai' contains the meaning of 'return' and the wealth is so called because its ownership is restored to the original owner, Allah. No human being has any entitlement to it. The beneficiaries who will receive a share of it will receive it direct from Allah, and therefore it will be lawful and pure like water and self-growing grass which are direct Divine gift, lawful and pure.
In short, the mention of Allah's name in this context points to the fact that the entire wealth belongs to Allah, and it is granted to the beneficiaries on His behalf. It is no sadaqah or khairat [ charity ].
This leaves us with five classes of beneficiaries: [ 1] The Messenger ﷺ ; [ 2] kinsmen; [ 3] orphans; [ 4] the needy; and [ 5] the wayfarer. The same five classes of beneficiaries of khums [ 1/5th ] were determined in [ 8:41] and now the same classes of beneficiaries are determined for fai' property. The rules relating to both ghanimah and fai' properties are identical: They are in full authority of the Messenger of Allah ﷺ ، and after him in the authority of the Caliphs. The Authority may retain them for the benefit of Muslims in general, or they may deposit them in bait-ul-mal [ public treasury ] and do not grant anything to anyone, or they may distribute them. If it is decided to be distributed, it must be done within the five classes defined. [ Qurtubi ]
Companions shows that fai' property was in the Authority of the Holy Prophet ﷺ during his time, and was left to his discretion. He may disburse it as he deemed fit. After him, his Caliphs controlled it and disbursed it according to their best judgment.
After the demise of the Messenger of Allah ﷺ ، his share of the booty fell into disuse. The word 'Kinsmen' in the verse means the kinsmen of the Holy Prophet ﷺ . There were two reasons why they were granted a share from this booty: Firstly, because they helped the Holy Messenger ﷺ and supported him in his Islamic activities. Therefore, even the rich kinsmen of the Holy Prophet ﷺ used to be granted a share from the booty. [ 2] Sadaqah [ charity ] was unlawful for the Holy Prophet's ﷺ kinsmen. Therefore, the poor and needy relatives of the Holy Prophet ﷺ used to be granted a share from the fai' rather than from the Sadaqah [ charity ]. After the demise of the Holy Prophet ﷺ ، helping and supporting him came to an end. The first reason no longer existed. Therefore, the share from the fai' of the rich relatives fell into disuse like that of the Holy Prophet ﷺ . However, the poor and the needy relatives continued to receive their share from the fai' on account of poverty and need. Priority was given to the poor and needy relatives of Allah's Messenger ﷺ over other poor and needy people. [ Hidayah ]. See Ma’ ariful Qur’ an, Vol. 4/pp 228-229.
كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ (...so that it may not circulate only between the rich among you 59:7). The word dulatah refers to the 'wealth or good fortune that exchange hands'. [ Qurtubi ] The verse means that Allah has determined the heads of expenditure for the fai' in this way so that the wealth does not circulate among the wealthy, who would spend it as they wish and desire and give none of it to the poor. The verse is aimed at abolishing an old practice of the Days of Ignorance where the circulation of such wealth used to remain confined to the privileged and propertied class or caste. The poorer segment of the society had no entitlement to the wealth of the nation.
Effective Measures taken by Islam against concentration of wealth
Allah is the creator, cherisher and sustainer of the universe. He knows the human needs. All human beings, whether believers or non-believers, whether lineally rich or poor, are equal in the sight of Allah. Allah has to a very large extent kept the distribution of man's natural and basic needs in His own Hands, so that every class, every region, every weak and strong people might be able to benefit equally. Allah has, through His consummate wisdom, kept all such needs beyond man's personal domination. No human being dare take possession of these things personally. Air, wind, atmosphere, the Sun, the Moon, the light of the stars and planets, the rain-laden clouds - all these things are such without which no human can survive for a moment. Allah, the Almighty, has declared all natural resources a public endowment for all. Not even the greatest of sovereign authorities, by virtue of their ruling powers, can ever monopolize or take possession of them. Allah's creation avails of them equally everywhere.
The second category of necessities of life is what the earth produces, as for instance water and other food-stuff. This is not commonly available. However, Islamic law has declared hills and mountains, unpopulated jungles and natural springs as public endowments. However, legitimate right of ownership of some parts of the earth are allowed under special laws to specific human beings. Some people illegitimately grab the land, but naturally even the greatest capitalist cannot derive benefit from the land without the help of the poor, the farmers or the laborers. Thus despite a sort of ownership of it, he is forced to give shares to other powerless and the indigent.
The third category is gold, silver and money, which do not fall under the basic and natural necessities of life. But Allah has made them the means of acquiring all essentials of life. People who mine gold and silver from the ground become their owners subject to certain rules. The right of their ownership is transferred in various ways to other people. If they are widely distributed and are in easy circulation in human society, no individual will go without food and clothing. But what happens in our days is that the greedy people want to benefit from the wealth to the exclusion of others. This led to miserliness and greed which, in turn, led to some old and some new systems of monopolization and concentration of wealth. As a result, people's wealth concentrated in the hands of a few capitalists and people at the helm of affairs. The rest of the population who were poor and indigent had to suffer, because they were deprived of their share in the nation's wealth. This economic situation, as a reaction, gave birth to such unreasonable economic systems as communism and socialism.
Islamic economic system, on the one hand, shows the highest respect to individual property rights, in that an individual's lawful property is as sacred and inviolable as human life itself, and human life is as sacred and inviolable as the House of Allah. Its violation has been most strongly prohibited. On the other hand, if a hand filches or steals it, it is, under penal law, amputated. In the third place, all such doors have been shut, through which a particular individual or group of individuals might monopolize it and deprive the general public.
The unjust and unbalanced way of acquisition of wealth, such as by usury, speculation, gambling and betting, allows wealth to concentrate and circulate in the hands of a few individuals. Islam has declared all such gains as unlawful and cut at the root of all such transactions in trade and tenancy that are based on unlawful practices. Wealth that is gained through lawful means has specific ways of spending: The needy and the indigent are shareholders in the wealth in the form of Zakah, ` Ushr, Sadaqat-ul-Fitr [ Id charity ], various forms of expiation and so on. The surplus wealth may be given away in voluntary charity. If a man leaves behind assets at the time of his death, Divine wisdom has set down specific rules according to which it must be distributed. The shareholders in the assets are the relatives of the deceased, the principle in this case being al-'aqrab- fal-'aqrab, that is 'relatives in order of relationship'. In other words, Islamic law of succession is based on blood relationship; the nearer in degree to the deceased excludes the more remote. The needy in general have not been made the shareholders, because if that were the case, the dying person would have felt the need to spend his assets anyhow, rightly or wrongly, before his death. When he sees only his near and dear ones receiving, this urge does not develop in his heart.
This means of acquiring wealth blocks the way to monopolization. The second means of acquiring wealth is war and jihad. The gains made in this way are distributed according to the Islamic rules. Some of them have been set down in Surah Al-Anfal and others in this Surah. How unwise and short-sighted are those people who give up Islam's balanced system of economics based on justice, fair-play and compassion, and innovate new systems of wealth distribution, which are unjust and unbalanced, and disturb world peace?
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا وَاتَّقُوا اللَّـهَ (...Whatever the Messenger gives you, take it; and whatever thing he forbids you, abstain [ from it ]. And fear Allah....59:7). This verse is in connection with fai' property, and it purports to say that Allah has set down the beneficiaries of this property. However, the question which beneficiary will receive how much have been left to the discretion of the Holy Prophet ﷺ . Therefore, the Muslims are advised to happily accept the amount the Holy Prophet ﷺ grants them, and they should not be anxious to receive what he has not given to them. This has been further emphasized by the injunction all (Fear Allah). If anyone collects under false pretext more than what he is granted, Allah is fully aware and will punish him.
The Messenger's Command is Binding like the Qur’ anic Command
Although the verse was revealed in connection with fai', its words are general. They are not specific to wealth. They cover all the commands as well. Hence, the generalized meaning of the verse is that whatever the Holy Prophet ﷺ gives to a person, be it wealth, any other grant or any command, the people must show their willingness to accept it. And whatever he forbids them, they should stay away from it.
Many of the Companions took the generalized sense of the verse, and on the basis of it, they took the Holy Prophet's ﷺ commandment as binding as the Qur'anic commandment. Qurtubi said that in this verse the antonym of ata [ gives ] is naha [ forbids ]. This shows that the verb ata [ gives ] is used in the sense of amara [ commands ] which is the direct antonym of naha [ forbids ]. The Qur'an, instead of using the direct opposite of naha [ forbids ] which is amara [ commands ], employed the verb ` ata [ gives ] presumably to embrace the context of the subject-matter where the verse occurs, that is, the disbursement of fai' property.
Sayyidna ` Abdullah Ibn Masud ؓ once saw a person in the state of ihram wearing sewn clothes (which is impermissible in that state). He asked him to take off the clothes. The person asked him to recite a Qur'anic verse in support of his claim that a pilgrim is prohibited to put on a sewn garb. Sayyidna ` Abdullan Ibn Masud ؓ recited this very verse آتَاكُمُ الرَّسُولُ فَخُذُوهُ (Whatever the Messenger gives you, take it....".
Imam Shafi` i (رح) once said to his congregation: (Ask whatever question you wish, and I will answer from the Qur'an.) A person said that a pilgrim killed a wasp in the state of ihram and asked: "What is the rule about it?" Imam Shafi` i (رح) recited this verse of the Qur'an مَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ. (Whatever the Messenger gives you, take it...." and coupled it with a Tradition which gives the injunction relating to the killing of a wasp. [ Qurtubi ].
لِلْفُقَرَاءِ الْمُهَاجِرِينَ ([ And fai' is especially ] for the poor emigrants...[ 59:8] ". The few verses from here till the end of the section describe the poor emigrants (muhajirin), helpers (Ansar) and the general members of Ummah that were yet to come in this world. Grammatically, the prepositional phrase 'for the emigrants' is a complement to the prepositional phrase 'for the kinsmen' occurring in verse [ 7] [ Mazhari ]. What this verse purports to say is that although the beneficiaries of fai' are orphans, the needy and the wayfarers as mentioned in the preceding verse, priority and precedence will be given to those whose service to religion, personal qualities and religious perfection are well- known.
Priority should be given to the Indigent Righteous and Religious Scholars serving the Cause of Islam when distributing Charity
This shows that although charities, especially fai' are meant to fulfill the needs of the indigent Muslims in general, the righteous, especially students and learned scholars serving the cause of religion should be given priority over all others. This is the reason why Islamic governments gave allowance from the fai' fund to learned scholars, muftis and judges for serving the cause of education, propagation of Islam and reform of human beings, because these verses establish two categories of the noble Companions. Under the first category fall the emigrants who in the very first instance made great sacrifices for Islam and the Messenger of Allah ﷺ . They endured great hardships, and eventually bid farewell to their wealth and property, to their land and country, and to their relatives and the near and dear ones, and emigrated to Madinah. Under the second category fall the Ansar, the natives of Madinah who helped the emigrants and cooperated with them. They invited the Messenger of Allah and with him the emigrants and thus caused the whole world around them to stand in their opposition. Their hospitality is unparalleled in the annals of the nations of the world. After these two major categories, comes a third category which comprises those people who embraced Islam after the blessed Companions and followed their footsteps closely. The last category embraces all Muslims who will follow until the Last Hour. The three categories are discussed below, in succession.
