59.9. Those who entered the city and the faith before them love these who flee unto them for refuge, and find in their breasts no need for that which hath been given them, but prefer (the fugitives) above themselves though poverty become their lot. And whoso is saved from his own avarice such are they who are successful. (Pickthall)
59.9. Und diejenigen, welche die Heimstätte zum Wohnsitz haben, und den Glauben vor ihnen, - sie lieben wer zu ihnen ausgewandert ist, und sie finden in ihren Gemütern kein Bedürfnis an dem, was ihnen gegeben wurde, und sie ziehen sie vor gegenüber sich selber, und wenn es für sie Entbehrung wäre, und wer vor der Knausrigkeit seiner selbst bewahrt wird, also diesen, ihnen ergeht es wohl, (Ahmad v. Denffer)
59.9. Und diejenigen, die in der Wohnstätte und im Glauben vor ihnen zu Hause waren, lieben (all die,) wer zu ihnen ausgewandert ist, und empfinden in ihren Brüsten kein Bedürfnis nach dem, was (diesen) gegeben worden ist, und sie ziehen (sie) sich selbst vor, auch wenn sie selbst Mangel erlitten. Und diejenigen, die vor ihrer eigenen Habsucht bewahrt bleiben, das sind diejenigen, denen es wohl ergeht. (Bubenheim)
59.9. Diejenigen, die vor ihnen Gläubige waren lieben die, die ihnen auswanderten. Sie fühlen sich nicht benachteiligt, weil nur die Auswanderer die Zuteilung von der Fai§-Beute bekamen, sondern stellen die Auswanderer vor sich selbst, auch wenn sie unter Entbehrung leiden. Wer vor Habgier geschützt ist, das sind die wahrhaften Gewinner. (Azhar)
59.9. Und diejenigen, welche bereits die Wohnstätte (Madina) bewohnten und den Iman (verinnerlichten) vor ihnen, lieben diejenigen, die zu ihnen Hidschra unternahmen, und sie finden in ihren Brüsten kein Verlangen nach dem, was ihnen (den anderen) zuteil wurde. Und sie bevorzugen andere vor sich selbst, auch dann, wenn sie in Not sind. Und wer vor dem Geiz seines Ego geschützt wird, diese sind die wirklichen Erfolgreichen. (Zaidan)
59.9. Diejenigen, die vor ihnen in der Behausung (des Islam) und im Glauben heimisch geworden sind (wa-llaziena tabauwa'uu d-daara wal-iemaana min qablihim), lieben diejenigen, die (aus Mekka) zu ihnen ausgewandert sind, und hegen in sich kein Verlangen nach dem, was ihnen (als besondere Zuwendung) gegeben worden ist. Sie bevorzugen (sie sogar) vor sich selber, auch wenn sie Mangel leiden. Denen, die vor der ihnen (als Menschen von Natur) innewohnenden Habsucht bewahrt bleiben (man yuuqa schuhha nafsihie), wird es wohl ergehen. (Paret)
59.9. Und jene, die vor ihnen in der Behausung (des Islam) wohnten und im Glauben heimisch geworden sind, lieben jene, die bei ihnen Zuflucht suchten, und hegen in sich kein Verlangen nach dem, was ihnen gegeben wurde, sondern sehen (die Flüchtlinge gern) vor ihnen selbst bevorzugt, auch wenn sie selbst in Dürftigkeit leben. Und wer vor seiner eigenen Habsucht bewahrt ist - das sind die Erfolgreichen. (Rasul)
Tafsir von Maududi für die Ayaat 6 bis 9
And the properties that Allah took out from their possession and restored to His Messenger, ( 11 ) are not such that you might have rushed your horses and camels upon them, but Allah gives His Messengers authority over whomever He wills, and Allah has power over everythin ( 12 ) Whatever Allah restored to His Messenger from the people of the settlements, belongs to Allah and the Messenger and the kinsfolk and the orphans and the needy and the wayfarers, ( 13 ) so that it does not remain circulating among your rich people only. ( 14 ) Take whatever the Messenger gives you and refrain from whatever he forbids you. Fear Allah, for Allah is stern in inflicting punishment. ( 15 ) (Moreover, the properties) are for those poor emigrants who have been expelled from their homes and their possessions. ( 16 ) They seek Allah's bounty and His goodwill, and are ever ready to succour Allah and His Messenger. They indeed are the truthful. (And it is also for those) who believed eve before the arrival of the emigrants and were staying in the Abode of Migration. ( 17 ) They love those who have migrated to them and entertain no desire in their hearts for what is given to them and prefer others to themselves even though they may be needy. ( 18 ) The fact is that those who are saved from the greed of their own hearts, ale truly successful. ( 19 ) (And it is also for those) who come after them, ( 20 ) who say, "Our Lord, forgive us , and forgive all our brothers who embraced the Faith before us, and do not place in our hearts any malice towards the believers. Our Lord, You are very Kind and Compassionate. " ( 21 )
Desc No: 11 From here to the end of verse 10, Allah explains how the lands and properties that were restored bto the Islamic State after the exile of the Ban; an- Nadir, are to be managed and administered. As it was the first occasion that a land was conquered and included in the Islamic territory, and many more lands were destined to be conquered in the future, the law governing the conquered lands was enunciated at the outset. Here, a note-worthy point is that Allah at this place has used the words: Ma af'-Allahu ala Rasuli-hi min-hum "whatever Allah restored to His Messenger from them." These words clearly imply that the rebels of Allah Almighty arc not entitled to own the earth and things existing on it. If they have become their owners and are appropriating them, their ownership and appropriation of these things is, in fact, in the nature of usurpation of a master's property by a dishonest servant. The real right of these properties is that these should be spent and used in the service and obedience of their real Master, Allah, Lord of the worlds, according to His will, and their this use is possible only through the agency of the righteous believers. Therefore, the true position of the properties which pass from the ownership of the disbelievers into the hands of the Muslims as the result of a lawful war, is that their real Owner has withdrawn them from His disobedient and disloyal servants, and restored them to His obedient and loyal servants. That is why, in the terminology of the Islamic Law such properties have been described as Fai (restored properties).
Desc No: 12 That is, "The restoration of these properties to the Muslims is not the result of the effort of the actual fighting army so that the army on that basis may have the right that the properties may be distributed among the soldiers, but its real nature is that Allah by His bounty has given dominance to His Messengers and the system that they represent over them. In other words, the passing of these properties into the Muslims' hands is not the direct result of the effort and struggle of the fighting army, but the result of the total strength that Allah has bestowed on His Messenger and his community and the system established by him Therefore, these properties are quite different in nature from the spoils of war and so cannot be distributed among the soldiers as such.
Thus, the Shari ah has made a distinction between ghanimah (spoils of war) and fai (restored properties). The injunction :n respect of the ghanimah has been given in surah AI-Anfal: 41, and it is this "It should be divided in five parts, four parts of which be distributed among the fighting army and the fifth deposited in the Public Treasury (Bait al-Mal), and expended on the items mentioned in the verse." As for the fai, the injunction is that it should not be distributed among the army, but it should be reserved for the items of expenditure being stated in the following verse. The distinction between the two has been made plain by the words: "You have not rushed your horses and camels on them," which imply the military operations. Thus, the properties which are taken as a direct result of such operations are the ghnimah and those which arc not the result of these operations are the fai. The distinction between ghanimah and tai that has been brterty mentioned in this verse, has been explained in greater detail by the juristis of Islam. Ghanimah are only those transferable properties which are taken from the enemy durIng military action; other things than these, e.g. lands, houses and other transferable and nontransferable properties of the enemy, are excluded from the definition of ghanimah and are fai. The source of this explanation is the letter that Hadrat 'Umar (may Allah be pleased with him) had written to Hadrat Sa'd bin Abi Waqqas after the conquest of 'Iraq. In that letter he wrote: "Distribute the properties and goods which the soldiers of the army collected and brought to your camp among the Muslims who participated in the war, and leave the lands and the canals with those who work on them so that the proceeds thereof are used for the salaries of the Muslims." (Abu Yusuf. Kitab al-Kharaj, p. 24; Abu 'Ubaid, Kitab al-Amwal, p. 59; Yahya bin Adam, Kitab al-Kharaj, pp. 27-28, 48). On this very basis, Hadrat Hasan Basri says: "Whatever is taken from the enemy camp, is the right of those who won victory over it? and the lands are for the Mttslirns." Yahya bin Adam, p. 27). And Imam Abu Yusuf says: ¦Whatever the Muslims take from the enemy troops, and whatever goods and arms and cattle they collect and bring to their camp, is ghanimah; from this one-fifth will be deducted and the rest distributed among the soldiers." (Kitab al-Kharaj, p. 18). The same is the opinion of Yahya bin Adam, which he has expressed in his Kitab al-Kharaj (p. 27). Even more than this, what makes the distinction between ghanimah and fai clearer is that after the Battle of Nahawand when the ghanimah had been distributed and the conquered lands had been included in the Islamic State. a tnan named Sa'ib bin Aqra' found two bags of jewels outside the fort. He was confused whether it was the ghanimah which should be distributed in the army, or the fai which should be deposited in the Bait al-Mil Consequently, he came to Madinah and put the matter before Hadrat 'Umar, who decided that it should be sold and the price deposited in the Bait-al-Mil. From this it becomes clear that ghanimah are only those transferable properties which are taken by the soldiers during the war. After the war is over, the transferable properties also, like the nontransferable properties, become fai. Imam Abu 'Ubaid relates this event and says: "The properties that arc seized from the enemy by the use of force, when the war is still in progress, are ghanimah and what is taken after the war is over, when the territory has become Dar al-Islam (abode of Islam), is fai, which should be reserved for the common people of the dar al-Islam; the law of the one-fifth (khums) will not be applicable to it. " (Kitab al-Amwal p. 2S4).
After defining ghanimah thus, the rest of the properties, wealth and lands, which pass from the disbelievers' ownership to the Muslims may be divided into two main kinds first those which are taken as a result of actual fighting f anwatan in Fiqh terminology); second, those which are taken by the Muslims as a result of the peace terms whether peace is concluded because of the pressure of the military power of the Muslims, or their dread and awe, and in this are also included all those properties which pass into the Muslims' ownership in every other way than as a result of actual fighting The differences that have arisen among the jurists of Islam have been only concerning the first kind of the properties in order to determine their correct legal position, for they do not come under 'those upon which you have not rushed your horses and camels." As regards the second kind of the properties, all agree that they arc fai, for the Qur'an has explicitly laid down the injunction about them. Below we shall discuss in dctail the legal position of the first kind of the properties.
Desc No: 13 In the preceding verse what was pointed out was why these properties should not be distributed among the fighting army like the spoils, and why the legal injunction concerning them is different from that concerning the spoils Now in this verse it is being stated as to who are entitled to have a sha. re in these properties.
The first share in these is of Allah and His Messenger. The dctail of how the Holy Prophet (upon whom be Allah's peace) acted on this injunction has been related by Malik bin Aus bin al-Hadathan on the authority of Hadrat 'Umar (may Allah be pleased with him), thus: The Holy Prophet used to take from it necessary expenses for himself and his family and the rest he used to spend on arranging arms and conveyances for Jihad. (Bukhari Muslim, Musnad Ahmad, .96u Da 'ud, Tirmadhi Nasa i and others). After the passing away of the Holy Prophet this share was transferred to the Public Treasury of the Muslims so that it is spent in the service of the mission which Allah had entrusted to His Messenger. Imam Shafa' i is reported to have expressed the opinion that the share which was specifically meant for the Holy Prophet's person (upon whom be Allah's peace), is for his caliph after him, for the Holy Prophet was entitled to it on the basis of his office of leadership and not on the basis of the office of Apostleship. But the view of the. majority of the Shafe'i jurists in this matter is the same as of the other jurists, viz. that this share now is reserved for the religious and collective welfare of the Muslims, and not for any particular. person.
The second share is of the kinsfolk, and this implies the kinsfolk of the Holy Prophet (upon whom be Allah's peace), i.e. the Bani Hashim and the Bani al-Muttalib. This share was set aside so that, besides meeting his own and his family's requirements, the Holy Prophet could also finlfil his obligations towards those of his relatives who stood in need of his help, or whom he felt like helping. ,After the death of the Holy Prophet (upon whom be Allah's peace) this ceased to be a separate and independent source, because like the right; of the orphans and the wayfarers and the indigent among the Muslims, looking after the rights of the needy among the Bani Hashim and the Bani al-Muttalib also became the responsibility of the Public Treasury. However, they were treated as superior to others in so far as they had no share in the zakat. Hadrat 'Abdullah bin 'Abbas has related that in the time of Hadrat Abu Bakr and 'Umar and 'Uthman (may Allah be pleased with them), the first two shares were dropped and only the remaining three shares (i.e. those for the orphans and the indigent and the wayfarers) were kept as of those entitled to fai Then Hadrat `AIi (may Allah be pleased with him) also acted on the same in his time, Muhammad bin Ishaq has related on the authority of Imam Muhammad Baqir that although Hadrat 'Ali's personal opinion was the same as of the people of his house (that this share should be given to the relatives of the Holy Prophet), he did not think that he should act against the practice of Abu Bakr and `Umar. Hasan bin Muhammad bin Hanafiyah says that after the Holy Prophet a difference of opinion arose about these two shares (i.e. the sharc of the Holy Prophet and the share of his relatives). Some people said that the first share should go to the Holy Prophet's caliph, some said that the second share should go to the relatives of the Holy Prophet, and still others said that the second sharc should be given to the relatives of the caliph. At last, a consensus was reached that both the shares be spent on the requirements of Jihad 'Ata' bin Sa'ib says that Hadrat 'Umar bin 'Abdul `Aziz in his time had started sending the share of the Holy Prophet and the share of the relatives to the Bani Hashim. The opinion of Imam Abu Hanifah and of most of the Hanafi jurists is that in this matter the same practice is cornet as was., being followed in the time of the righteous Caliphs. (Abu Yusuf, Kitab al-Kharaj pp. 19-21). Imam Share'i's opinion is that both the rich and the needy from among the people whose being descended from the Bani Hashim and the Bani al-Muttalib is confirmed, or is well known, can be given shares from fai. (Mughni al-Muhtaj). The Hanafis say that only their needy people can be helped from this; however, their right to this is greater than that of others. (Ruh al-Ma'ani). According to Imam Malik, there is no restriction on the government in this matter. It can spend on any head that it deems fit and proper, but the better course is that it should give preference to the people of the Holy Prophet's house. (Hashiyah ad-Dusuqi ala-sh-Sharh-al-Kabir).
About the remaining three shares there is no dispute among the jurists. However, the difference between Imam Shafe'i and the other Imams is that according to Imam Shafe'i the total properties of fai are to be divided into five equal parts one part of which is to be spent on the above-mentioned heads in such a way that one-fifth of it is spent on the common benefits of the Muslims, one-fifth on the Bani Hashim and the Bani al-Muttalib, one-fifth on the orphans, one-fifth on the indigent and one-fifth on the wayfarers. However, Imam Malik, Imam Abu Hanifah and Imam Ahmad do not concur with this division. Their opinion is that the whole of fai is for the welfare and common benefit of the Muslims. (Mughni al-Muhtaj).
Desc No: 14 This is one of the most important verses of the Qur'an, which lays down the basic principle of the economic policy of the Islamic community and government. Wealth should circulate among the whole community and not only among the rich lest the rich should go on becoming richer day by day and the poor poorer. This policy has not merely been enunciated in the Qur'an, but for the same objective the Qur'an has forbidden interest, made the zakat obligatory, enjoined that khums (one-fifth) be deducted from the booty, exhorted the Muslims to practise voluntary charity, has proposed such forms of different kinds of atonements that the flow of wealth is turned towards the poor classes of society, and has made such a law of inheritance that the wealth left by every deceased person spreads among the largest circle of the people. Apart from this, stinginess has been condemned and generosity commended as a noble moral quality, the well-to-do people have been told that in their wealth there is a definite share of the beggar and the indigent, which they must discharge not as charity but as the right of the concerned people, and the law enjoined in respect of a major source of revenue of the Islamic government (i.e. far) is that its one portion must necessarily be spent on supporting the poor classes of society. In this connection, it should also be borne in mind that there are two main sources of the revenue of the Islamic government: zakat and fai. The zakat is charged from the Muslims on their total extra capital, cattle, wealth, trade goods and agricultural produce, which is over and above the minimum exemption limit (nisab), and most of it is reserved for the poor. And fai comprises all the revenues including jizyah and taxes which are received from the non-Muslims; a major part of these also is set aside for the poor, This gives a clear hint to the effect that an Islamic government should manage its revenues and expenditure and the financial and economic affairs of the country on the whole in such a manner that the wealthy and influential people are not allowed to have their monopoly over the means and resources of wealth, and the flow of wealth is neither turned from the poor to the rich nor it should remain circulating only among the rich.
Desc No: 15 In view of the context the verse means: "Accept without question whatever decision the Holy Prophet (upon whom be Allah's peace) gives about the management of the properties of the Bani an-Nadir, and likewise about the distribution of fai properties and goods afterwards. One should take whatever the Prophet gives him, and the one whom l le dces not give anything, should neither protest nor demand it But since the words of the Command arc general, its application is not restricted to the distribution of the Jai properties and goods only, but its intention is that in all matters the Muslims should obey the Holy Prophet (upon whom be Allah's peace). This intention of the Command becomes all the more clear when we consider that as against "whatever the Messenger gives you" the words used are "whatever he forbids you" and not "what. ever he does not give you. " If the object of the Command were restricted to call obedience to the distribution offal properties and goods .only, then as against "whatever he gives you" the words should have been "whatever he does not give you. " The use of the forbidding or restraining words in this context by itself shows that the object of the Command is to enjoin obedience to the Holy Prophet in whatever he commands and forbids. The same thing has been stated by the Holy Prophet (upon whom be Allah's peace) himself. According to Hadrat Abu Hurairah he said: "When I command you to do a thing, do it as far as you can; and when 1 forbid you to do a thing, restrain from it." (Bukhari, Muslim). About Hadrat `Abdullah bin Mas'ud it has been related that once during a speech he said: "Allah has cursed the woman who practices such and such a fashion." Thereupon a woman approached him and asked, "Wherefrom have you derived this thing? For I have not seen such a thing anywhere in the Book of Allah." Hadrat `Abdullah replied, "Had you studied the Book of Allah, you would certainly have found it therein. Have you not read the verse: Ma ata-kum ar-Rasulu fa-khudu hu wa ma naha-kum `anhu fantahu: "Take whatever the Messenger gives you, and refrain from whatever he forbids you. " When she said that she had read this verse, Hadrat `Abdullah said: "So the Holy Prophet (upon whom be Allah's peace) has forbidden this act, and has given the news that Allah has cursed the women who practice it. " The woman agreed that she had understood the Command. (Bukhari Muslim, Musnad Ahmad, Musnad Ibn abi Hatim,).
Desc No: 16 This implies those people who at `that time had been expelled from Makkah and other parts of Arabia only because they had embraced Islam. Before the conquest of the territory of the Ban; an-Nadir these emigrants had no permanent means of sustenance. Therefore. it was commanded that in the properties which were then taken, and in the fai properties which are taken in future there is also a share of these people along with the common poor people and the orphans and the wayfarers. With these properties all such people should be helped, who are forced to emigrate for the cause of Allah and His Messenger to the abode of Islam. Accordingly, the Holy Prophet (upon whom be Allah's peace) distributed a part of the properties taken from the Bani an-Nadir among the Emigrants and the oases which the Ansar had set aside for the support and maintenance of their emigrant brothers were returned to them. But it is not correct to think that the Emigrants had this share in the fai only at that time. In fact, the intention of the verse is to point out that till Resurrection it is the duty of the Islamic government of the country to settle the people who are exiled and compelled to take refuge in it because of being Muslims and to enable them to stand on their feet economically; and it should spend on this head also from the fai properties besides the zakat funds.
Desc No: 17 This implies the Ansar. In other words, not only arc the Emigrants entitled to fai but those Muslims also are entitled to receive thair share from it, who were already living in the abode of Islam (Madinah).
Desc No: 18 This is in praise of the Ansar, the Muslims of Madinah. When the Emigrants came from Makkah and other places to their city, they offered their gardens and oases to the Holy Prophet (upon whom be Allah's peace) with the request that he distribute them among their emigrant brethren-in-faith. The Holy Prophet said: "These people do not know gardening: they have come from a region where there are no gardens. Could it not be that you (the Ansar) continue to work in the gardens and oases and make the Emigrants partners in the produce? The Ansar submitted: `We have heard and obeyed'." (Bukhari, Ibn Jarir). Thereupon the Emigrants said: "We have never seen any people so self-sacrificing as the Ansar, for they would work and labour and make us partners in the produce. We think they would thus be entitled to all spiritual rewards. The Holy Prophet (upon whom be Allah's peace) said: "Nay, as long as you would praise them and pray for their well-being, you also would get your rewards. " (Musnad Ahmad). Then, when the territory of the Bani an-Nadir was taken, the Holy Prophet made this proposal to the Ansar: "Now one way of managing it is that your properties and the gardens and the oases left by the Jews be combined together and then the whole distributed among you and the Emigrants." the second way is that you take back your properties, and the lands vacated by the Jews be distributed among the Emigrants. " The Ansar said: "Sir, you may please distribute these evacuee properties among the Emigrants and may give them of our properties also as you please. " At this Hadrat Abu Bakr cried out: "May Allah reward you, O assembly of the Ansar, with the best of everything!" (Yahya bin Adam. Baladhuri). Thus, with the willing consent of the Ansar the properties left by the Jews were distributed only among the Emigrants, and from among the Ansar only Hadrat Abu Dujanah, Hadrat Sahl bin Hunaif snd (according to some) Hadrat Harith bin as-Simmah were given shares, for they were poor people. (Baladhuri. Ibn Hisham Ruh al-Ma ani. The same self-sacrificing spirit was shown by the Ansar when the territory of Bahrain was annexed to the Islamic State. The Holy Prophet (upon whom be Allah's peace) wished that the conquered lands of that territory be given to the Ansar, but they submitted: "We would not take any share from it unless a similar share was given to ow emigrant brothers." (Yahya bin Adam). Allah has praised the Ansar for this-very spirit of self-sacrifice.
Desc No: 19 The word used here means "are saved" and not "were safe", for without Allah's help and succour no one can attain to the wealth of the heart (liberal-mindedness) by his own power and effort. This is a blessing of God, which one can attain only by God's bounty and grace The word shuhh is used for stinginess and miserliness in Arabic. But when this word is attributed to the self of matt it becomes synonymous with narrow-mindedness, niggardliness, meanspiritedness and small-heartedness, and not mete stinginess: it is rather the root cause of stinginess itself. Because of this very quality man avoids acknowledging even the good qualities of another, not to speak of recognizing his rights and discharging them. He wants that he alone should gather up everything in the world, and no one else should have anything of it. He never feels content with his own right. but usurps the rights of others, or at least wants to have for himself all that is good in the world and should not leave anything for others. On this very basis one's being saved from this evil has been described in the Qur'an as a guarantee for success. The Holy Prophet (upon whom be Allah's peace) has counted it among the most evil qualities of man which are the root cause of corruption and mischief. Hadrat Jabir bin `Abdullah has reported that the Holy Prophet said: "Avoid shuhh for it was shuhh which ruined the people before you. It incited them to shed each other's blood and make the sacred and forbidden things of others lawful for themselves. " (Muslim, Musnad Ahmad, Baihaqi, Bukhari in Al-Adab). The tradition of Hadrat 'Abdullah bin 'Umar contains the following words: "It led them to commit wickedness and they committed it; it commanded them to commit sins and they committed sin; it urged them to break off all connections with the kindred and they broke off all connections with them. " (Musnad Ahmad, Abu De ud Nasa i). Hadrat Abu Hurairah has reported that the Holy Prophet said. "Faith and shuhh of the self cannot combine in one and the same heart. " (Ibn Abi Shaibah, Nasa '% Baihaqi in Shu ab al-Iman, Hakim). Hadrat Abu Sa'id Khudri has stated that the Holy Prophet said: "Two of the qualities are such that they cannot combine in a Muslim: stinginess and misbehaviour." (Abu Da'ud. Tirmidhi Bukhari in AI-Adab)- It is as a result of t us very teaching of Islam that, apart from individuals, the Muslim people as a nation are still the most generous and liberal. minded people in the world. There are millions and millions of Muslims living side by side with those non-Muslim people from among whom they sprung who have become proverbial for their narrow-mindedness and miserliness. The clear distinction existing between the two peoples in respect of liberal-mindedness and miserliness cannot be explained in any other way than that it is the moral teaching of Islam that has made the Muslims so large-hearted and liberal-minded.
Desc No: 20 In the injunctions laid down up to here, it has been ruled that; in the fai properties there arc the rights of Allah and His Messenger and the Messenger's relatives an the orphans and the indigent and the wayfarers and the Emigrants and the Ansar and of the Muslim generations which will be born till the. Day of Resurrection. It is this important legal ruling of the Qur'an in the light of which Hadrat 'Umar(may Allah be pleased with him) introduced the new system in respect of the lands and properties of the conquered territories of 'Iraq, Syria and Egypt and of the possessions of the previous governments and rulers of those countries. When these countries were conquered; some of the distinguished Companions among whom were included prominent men like Hadrat Zubair, Hadrat Bilal, Hadrat 'Abdur Rahman bin 'Auf and Hadrat Salman Farsi, insisted that these should be distributed among the armies who had fought and conquered them. They thought that those properties did not come under "those upon which you have not rushed your horses and camels," but the Muslims had conquered them by rushing their horses and camels on them. Therefore, except for those cities and territories which surnndcred without the war, all the rest of the conquered (ands carne under ghanimah for which the legal command is that onefifth of the lands and the people be given to the Public Treasury and the remaining four parts be distributed among the soldiers. But this opinion was not correct on the ground that the Holy Prophet (upon whom be Allah's peace) had not distributed the lands and the people of any territory conquered by fighting in his time after the deduction of one-fifth, like the booty. Two of the most conspicuous precedents of his time were the conquest of Makkah and the conquest of Khaiber. Of these he handed over Makkah intact to its inhabitants. As for Khaiber, according to Hadrat Bushair bin Yasar, he divided it into 36 parts, of which he set aside 18 parts for collective benefits and requirements of the Muslims and distributed the remaining 18 among the army. (Abu Da'ud, Baihaqi, Abi 'Ubaid: Kitab al-Amwal; Yahya bin Adam: Kitab al-Kharj Baladhuri: Futuh al-Buldan; Ibn Human: Fath a/-Qadir). This action of the Holy Prophet made it clear that the command in respect of the conquered lands, even if they might have been taken by fighting, is not the same as of the ghanimah otherwise he would never have given the whole of Makkah intact to the people of Makkah, and would have set aside exactly one-half of the properties of Khaiber for the common benefits of the Muslims instead of deducting its one-fifth for the Public Treasury. Thus, what was established on the basis of the Sunnah was: In respect of the territories conquered by fighting the ruler of the Muslims has the authority that he may take any decision that he dreams fit keeping in view the conditions of the time. He can distribute them if he so likes but if a territory has an unusual nature and importance, as Makkah had, he can also treat its inhabitants with favour, as the Holy Prophet treated the people of Makkah.
But as the conquests had not yet become comman in the Holy Prophet's time and separate injunctions in respect of the different kinds of conquered territories had not yet become clearly known to the people, so when big countries were annexed to Islam in the tune of Hadrat 'Umar, the Companions were faced with the problem whether the territories conquered by force were in the nature of ghanimah or fat. After the conquest of Egypt Hadrat Zubair demanded: "Distribute this, whole land just as the Holy Prophet had distributed Khaiber. " (Abu 'Ubaid). About the conquered territories of Syria and 'Iraq, Hadrat Bilal insisted: "Distribute all the lands among the fighting forces just as the spoils are distributed. '(Abu Yusuf, Kitab al-Kharaj On the other hand, Hadrat 'AIi gave this opinion: "Leave these lands in possession of the peasants so that they continue to remain a source of income for the Muslims." (Abu Yusuf, Abu 'Ubaid,). Likewise, the opinion of Hadrat Mu'adh bin Jabal was; "If you distributed these lands, evil consequences would occur. Because of this distribution large properties will pass into the hands of those few people, who have conquered them. Then, when these people pass away and their properties pass on to their heirs and there is left only one woman or only one man from among them, nothing might remain for the future generations to meet their needs and even to meet the expenses of safeguarding the frontiers of the Islamic State. Therefore, you should so settle things that the interests both of the present and of the future generations are equally safeguarded." (Abu `Ubaid, p. 59; Fath al-Bari, vol. vi, p. 138). Hadrat `Umar calculated and found that if the territories of `Iraq were distributed, each individual would receive two or three peasants on the average as his share, (Abu Yusuf. Abu 'Ubaid). Thereupon he arrived at the judicious conclusion that those territories should not be distributed. Thus, the replies that he gave to those who demanded their distribution, were as follows:
¦Do you want that for the people who come afterwards there should remain nothing?" (Abu 'Ubaid).
"What will happen of the Muslims who cane afterwards when they find that the land along with its peasants has been distributed and the people have inherited their forefathers? This is not at all just. " (Abu Yusuf.
"What will be left for the Muslims who cant after you? I am afraid if I distribute it, you would fight among yourselves over water. " (Abu Yusuf.
"Had I no thought for those who would come afterwards, I would distribute every territory that I conquered just as the Messenger of Allah had distributed Khaiber." (Bukhari Muwatta, Abu 'Ubaid),
"Nay: this is the real estate. I will withhold it so that the needs and requirements of the conquering forces and of the common Muslims continue to be met by it." (Abu 'Ubaid).
But the people were not satisfied with these replies, and they started saying that he was being unjust. At la
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