fighting—that is, you did not fight to obtain it. Whatever they fought to obtain belonged to the fighters, while whatever they obtained without fighting is fay’, because Allah restored it to the Muslims. He created His creatures to worship Him and made wholesome things lawful for them, so that they might eat wholesome food and do righteous deeds. The unbelievers worshipped others besides Him and thus became undeserving of that wealth. He therefore permitted the believers to worship Him, to enslave the unbelievers themselves, and to reclaim their wealth. When Allah restores that wealth from them to the believers, it has returned—that is, it has reverted to those entitled to it.
This fay’ includes the poll tax collected from non-Muslims under Muslim protection, the levies of one-tenth and one-twentieth collected from them, and the wealth stipulated in peace agreements with the unbelievers, such as the payments they remit, and other such revenues. It also includes whatever they vacate and abandon out of fear of the Muslims, such as the property of Banū al-Nadīr, concerning which Allah revealed Sūrat al-Hashr, saying:
“It is He who expelled those who disbelieved among the People of the Scripture from their homes at the first gathering. You did not think they would leave, and they thought their fortresses would protect them from Allah. But Allah came upon them from where they had not expected and cast terror into their hearts. They destroyed their homes with their own hands and the hands of the believers. So take heed, O people of insight.”
“Had Allah not decreed exile for them, He would have punished them in this world; and in the Hereafter they will have the punishment of the Fire.”
These were the people whom the Prophet, peace and blessings be upon him, expelled. They had lived east of the Prophet’s city, Medina. He expelled them after besieging them, and their property was among what Allah restored to His Messenger.