they have taken captive from others, for this is akin to their taking possession of things open to acquisition. This is why Allah called the wealth that passes from them to the Muslims “fay” (restored wealth): Allah has restored it to its rightful recipients—that is, to those who believe in Him, worship Him, and use His provision to help them worship Him. He created His creatures only that they might worship Him, and created provision for them only that they might use it to help them worship Him.
The term “fay” may also encompass spoils of war, as in the Prophet’s statement, may Allah bless him and grant him peace, concerning the spoils of Hunayn:
“Of what Allah has restored to you, nothing belongs to me except the fifth, and even the fifth is returned to you.”
However, because Allah Most High said:
“As for what Allah restored to His Messenger from them, you spurred neither horses nor riding camels to obtain it,”
the term “fay,” when used without qualification in the terminology of the jurists, came to mean wealth taken from the disbelievers without spurring horses or riding camels into action. Ījāf denotes a form of setting in motion.
When a believer does something permitted to him, intending to turn away from the unlawful to the lawful to meet his need, he is rewarded for that. As the Prophet, may Allah bless him and grant him peace, said:
“In the sexual intercourse of any one of you there is charity.” They said, “O Messenger of Allah, when one of us satisfies his desire, is he rewarded for it?” He replied, “Tell me: if he were to satisfy it unlawfully, would he bear a sin? Likewise, when he satisfies it lawfully, he receives a reward.”
This resembles his statement in the hadith narrated by Ibn Umar from the Prophet, may Allah bless him and grant him peace:
“Allah loves that His concessions be taken, just as He dislikes being disobeyed.”
This was narrated by Ahmad, Ibn Khuzaymah in his Sahīh, and others. He thus stated that Allah loves the use of His concessions just as He dislikes acts of disobedience to Him. Some jurists narrate it as:
“Just as He loves that His binding commands be observed.”
But this is not the wording of the hadith. Allah has permitted these concessions only because His servants need them, and the believers use them to help them worship Him;