rather, they formed part of the property that Allah granted His Messenger without battle, and such property is lawful for them. The Prophet—peace and blessings be upon him—made the share of that property which Allah assigned to him into charity; for, at most (1), it was property belonging to the Prophet—peace and blessings be upon him—which he gave in charity to the Muslims, and his household had the greatest claim to his charity. For charity [given to Muslims is charity, while charity] (2) given to relatives is both charity and the maintenance of kinship.
The Ninth Point (3): His Counterargument Based on the Hadith (4) of Jābir—may Allah be pleased with him
The response is as follows:
Jābir did not claim a right belonging to someone else (5) that would be taken from that person and assigned to him (6). He merely requested something from the public treasury that the ruler was permitted to give him. Even if the Prophet—peace and blessings be upon him—had not promised it to him, this would have been permissible; since he had promised it to him, its permissibility was all the more evident. Hence, Jābir did not require evidence. This may be illustrated by a person who comes and claims a piece of real estate belonging to the public treasury exclusively for himself. The ruler may not remove it from the public treasury and hand it over to him without legally valid proof. By contrast, another person may request some movable property (7) that must be distributed (8) among the Muslims [from the assets of the public treasury] (9); such a person may be given it without evidence (10). Do you not see that the charity of