Only preferential treatment motivated by caprice is open to criticism. As for one whose aim is to seek the pleasure of Allah Most High, obey His Messenger, honor those whom Allah and His Messenger have honored, and give precedence to those whom Allah and His Messenger have given precedence, such a person is praised, not condemned.

This is why Umar gave Alī, al-Hasan, and al-Husayn more than he gave their peers, and did the same for the rest of the Prophet’s relatives—may Allah bless him and grant him peace. Had he treated everyone equally, they would have received only a portion of that amount.

As for the one-fifth share, scholars have differed in their considered judgments concerning it.

One group said:

“It ceased to apply with the death of the Prophet—may Allah bless him and grant him peace—and no member of Banū Hāshim is entitled to anything from the one-fifth share unless he is an orphan or needy, in which case he is given on account of being an orphan or needy.” This is the position of Abū Hanīfa and others.

Another group said:

“Rather, after the Prophet it belongs to the relatives of the ruler, so every ruler (1) gives it to his own relatives.” This is the view of a group that included [al-Hasan and] Abū Thawr (2), I believe (3). This view has also been reported from Uthmān.

Another group said:

“Rather, the one-fifth share is divided into five equal portions.” This is the position of al-Shāfiī and the best-known report from Ahmad.

Another group said:

“Rather, the one-fifth share is subject to the ruler’s considered judgment: he personally distributes it in obedience to Allah and His Messenger, just as the fay’ revenues are distributed.” This was the position of most of the early generations, the position of Umar ibn Abd al-Azīz, and the school of the people of Medina, including Mālik and others. It is also the other report from