one of its co-owners. When the ruler grants one of the Muslims (1) a share of the fay’—public revenue acquired without battle—or similar property belonging to the Muslims, it cannot be said, “He granted him the Muslims’ property without proof,” because distributing property among the Muslims and making grants to them requires no proof. This is unlike someone who claims that the property itself belongs to him rather than to the Muslims (2).
To be sure, the ruler distributes the property according to his reasoned judgment in determining the amounts. The Prophet—peace and blessings be upon him—used to distribute property by the handful. The same has been narrated of Umar—may Allah be pleased with him—and this is a form of measuring by hand. Jābir related that the Prophet—peace and blessings be upon him—had promised him three handfuls (3). This was consistent with the Prophet’s customary practice—peace and blessings be upon him. Thus, Jābir related only something whose like was known from the Prophet—peace and blessings be upon him—and in which it was permissible to follow his example. Abū Bakr therefore gave Jābir one handful and, after ascertaining how many it contained, gave him that same amount twice more, endeavoring to approximate what he believed accorded with the Prophet’s words—peace and blessings be upon him—concerning the distribution, for
(1) “He does not give anyone”; B reads: “when he gives anyone.”
(2) The text of Jābir’s hadith is found in al-Bukhārī, 3/96 (Book of Suretyship, chapter “One Who Guarantees the Debt of a Deceased Person”). Jābir ibn Abd Allāh—may Allah be pleased with them both—reported that the Prophet—may Allah bless him and grant him peace—said: “If the wealth of Bahrain were to arrive, I would give you this much, this much, and this much.” The wealth of Bahrain did not arrive before the Prophet—may Allah bless him and grant him peace—passed away. When it arrived, Abū Bakr ordered that it be proclaimed: “Anyone to whom the Prophet—may Allah bless him and grant him peace—made a promise, or to whom he owed a debt, should come to us.” I went to him and said, “The Prophet—may Allah bless him and grant him peace—said such-and-such to me.” He scooped out a handful for me. I counted it, and it amounted to five hundred. He then said, “Take twice that amount.” The hadith appears in fuller detail, including Jābir’s statement, “He scooped out three handfuls for me,” in al-Bukhārī, 4/90–91 (Book of the Obligation of the Khums, chapter “Evidence That the Khums Is for the Needs of the Muslims”), and 4/98 (Book of Jizya and Truces, chapter “What the Prophet—may Allah bless him and grant him peace—Granted from Bahrain”); al-Musnad (al-Halabī ed.), 3/310.
(3) This refers to his words—may Allah bless him and grant him peace—“I would give you this much, this much, and this much.”