one-fifth, and the one-fifth is returned among you.” (1)

Others said: “It is taken from the four-fifths remaining after the one-fifth has been set aside, just as the shares of the combatants are taken.” This was the view of Ahmad and Ishaq.

Some held that the supplementary allotment is taken from the principal spoils before the one-fifth is set aside, just as the personal effects go to the one who killed the enemy combatant.

As for fay’—property acquired by the Muslims from the wealth of the disbelievers without deploying cavalry or camels for battle—it includes wealth which they agree to pay in a peace settlement, jizya-tax revenue, what is taken from their wealth when they enter Muslim territory for trade, and the estate of any one of them who dies in Muslim territory without an heir. All of this is fay’.

During his lifetime, fay’ property belonged exclusively to the Messenger of Allah, peace and blessings be upon him. ‘Umar, may Allah be pleased with him, said: “Allah granted His Messenger, peace and blessings be upon him, something from this fay’ which He gave to no one besides him.” (2) He then recited:

“And what Allah restored to His Messenger from them—you did not spur for it any horses or camels, but Allah gives His messengers power over whomever He wills. And Allah is over all things competent.”

Al-Hashr 59:6

This was exclusively for the Messenger of Allah, peace and blessings be upon him. From this wealth, he would provide his family and dependants with their provisions for a year; then he would take what remained and dispose of it as Allah’s property.

The scholars differed regarding the disbursement of fay’ after the Messenger of Allah, peace and blessings be upon him. Some said that it belongs to the imams after him. Al-Shafi‘i held two views concerning it. According to one, it belongs to the combatants whose names are recorded in the military register, since they take the place of the Prophet, peace and blessings be upon him, in deterring the enemy. According to the second view, it is for the public interests of the Muslims: the combatants are to be provided for first, receiving from it what suffices them, and then the most important public interests are addressed in order of priority.

The scholars also differed over whether fay’ is to be divided into fifths. Al-Shafi‘i held that one-fifth of it is apportioned among those entitled to the one-fifth of the spoils, in five shares, while its remaining four-fifths are for the combatants and public interests.

The majority held that fay’ is not divided into fifths; rather, all of it has one and the same avenue of disbursement. ⦗149/a⦘ All Muslims have a right in it:

Abu Sa‘id ‘Abdullah ibn Ahmad al-Tahiri informed us; my grandfather, ‘Abd al-Samad ibn ‘Abd al-Rahman al-Bazzaz, informed us; Muhammad ibn Zakariyya al-‘Udhafiri informed us; Ishaq al-Dabari informed us; ‘Abd al-Razzaq narrated to us; Ma‘mar narrated to us, from al-Zuhri, from Malik ibn Aws ibn al-Hadathan, that he heard ‘Umar ibn al-Khattab, may Allah be pleased with him, say: “There is no one upon the face of the earth