and al-Shafi‘i held two views concerning it. According to one, it belongs to the combatants; according to the other, it is for the public interests of the Muslims. Priority is given to the combatants, then to the most important public interests in descending order.

They also differed over whether fay’ property is subject to the one-fifth levy. Some held that it is divided into fifths: one fifth belongs to those entitled to the share of war booty, while four fifths are for the combatants and for public interests. The majority held that it is not divided into fifths; rather, all of it has a single mode of disposal, and every Muslim has a right in it. ‘Umar ibn al-Khattab recited: “Whatever Allah restored to His Messenger from the people of the towns,” until he reached: “For the poor emigrants who were driven from their homes and their properties … and those who came after them.” Then he said, “This encompasses the Muslims as a whole.” He also said, “There is no Muslim on the face of the earth who does not have a right in this fay’ property, except those whom your right hands possess.” (1)

“...so that it may not merely circulate among the wealthy among you.” The majority recited it with the masculine form, “so that it may not be a circulating possession,” with “circulating possession” in the accusative case—that is, so that the fay’ property would not become something circulating exclusively among them. Abu Ja‘far recited, “so that it may be,” with the feminine form, and “a circulating possession” in the nominative case, as the subject of the verb—that is, so that the matter may not become a circulating possession. He understood “to be” here in the sense of “to occur,” in which case it requires no predicate. A circulating possession is something that people pass around among themselves.

“Among the wealthy among you”—that is, among the chiefs and the powerful, so that they would monopolize it to the exclusion of the poor and weak. For when the people of the pre-Islamic era acquired war booty, the chief would take one quarter of it for himself, which was known as the mirba‘; then, after taking that quarter, he would select from it whatever he wished. Allah therefore assigned it to His Messenger, peace and blessings be upon him, to divide as he had been commanded.

Then He said: “Whatever the Messenger gives you, take it”—that is, whatever he gives you from fay’ property and war booty (2)—“and whatever he forbids you,” such as misappropriating war booty and other matters, “then refrain from it.” This was revealed concerning 158/b fay’ property, but it is general in application to everything that the Prophet, peace and blessings be upon him, commanded and prohibited.