Bukhari

Hadith Commentary:

In Islamic terminology, "fay'" refers to that wealth which is acquired from the territory of war (dar al-harb) without engaging in battle.

Hadith Commentary:
➊
The wealth acquired by Muslims as a result of fighting, effort, and struggle during war is called "war booty" (mal-e-ghanīmah). Its detailed rulings have been explained in Surah Al-Anfal. The wealth that comes into possession without warfare is called "fay’" (mal-e-fay’). Since this wealth is the result of that collective strength which Allah, the Exalted, has granted to His Messenger (sallallahu alayhi wa sallam), his Ummah, and the system established by him, this wealth holds a distinct status from war booty. The ruler (amir) of the Muslims has authoritative discretion over this wealth. He may spend it wherever he deems appropriate according to his judgment.

➋
From this hadith, it is also understood that storing grain for up to a year is permissible. However, if hoarding causes harm to the general public, then it is not permissible. Furthermore, storing food does not contradict reliance upon Allah (tawakkul). And Allah knows best.

Hadith Commentary:
Weapons and horses—all these were provided for the use of the army.

Hadith Commentary:
Imam Bukhari rahimahullah’s purpose is to show that preparing, purchasing, and using weapons of war is not contrary to reliance (tawakkul) upon Allah. Indeed, the Messenger of Allah sallallahu alayhi wa sallam himself would purchase weapons from the spoils of war in preparation for jihad, even though he was the leader of those who place their trust in Allah (Sayyid al-Mutawakkilin).
A shield is also a weapon of war.
On this basis, the relevance of this hadith to the chapter heading is clear.

Explanation:
1:
Fay’:
This is the wealth that comes into the hands of the Muslims from the disbelievers without fighting.
This wealth was specific to you,
it was not war booty (ghanimah) that would be distributed among the fighters.

Benefits and Issues:
➊
The wealth that Allah, the Exalted, specifically designated for the Messenger of Allah sallallahu alayhi wa sallam was of three types:
(a) Those lands which the Ansar presented to the Messenger of Allah sallallahu alayhi wa sallam as a gift from their own properties. Water did not reach these lands.
(b) Mukhayriq, the Jew, upon embracing Islam at the time of the treaty, bequeathed his seven orchards in the region of Banu Nadir to the Messenger of Allah sallallahu alayhi wa sallam.
(c) When the Banu Nadir surrendered without fighting and accepted the decision of the Messenger of Allah sallallahu alayhi wa sallam, he allowed them to take whatever they could carry on their camels, except for weapons. Everything else was fay’ (spoils of war acquired without battle), over which the Messenger of Allah sallallahu alayhi wa sallam had authority. The Messenger of Allah sallallahu alayhi wa sallam distributed all the remaining movable property of Banu Nadir among the Muslims. He would fulfill his own expenses from the income of the land and so on, but most of the income, as the leader of the Muslims, he would spend on jihad and other urgent needs. Later, at the time of the conquest of Khaybar, Allah, the Exalted, granted the Muslims vast and fertile lands. Half of Khaybar was conquered and distributed among the warriors, and the remaining half, which included the portions of Fadak and Wadi al-Qura, was acquired without battle and, according to Allah’s command, came into the possession of the Messenger of Allah sallallahu alayhi wa sallam as fay’. In this way, the forts of Khaybar, such as Wati’ and Salalim, were also acquired as fay’. The portion of Khaybar that was obtained through battle, its khums (one-fifth) was also in the possession of the Messenger of Allah sallallahu alayhi wa sallam. (Awn al-Ma‘bud, Chapter: Regarding the Exclusive Wealth of the Messenger of Allah sallallahu alayhi wa sallam, Commentary on Hadith 2969)

➋
When the wealth of Khaybar came into his possession, the Messenger of Allah sallallahu alayhi wa sallam, after setting aside the minimum amount needed for his household’s food expenses for a year, allocated all the remaining income for the relief of distressed people and the fulfillment of family rights. (This included matters such as caring for children, arranging marriages for young people or widows, etc.) (Abu Dawud, Hadith: 3012, 2970)

➌
During the caliphate of Abu Bakr radi Allahu anhu, when Fatimah radi Allahu anha and Abbas radi Allahu anhu requested these properties, Abu Bakr radi Allahu anhu narrated the statement of the Messenger of Allah sallallahu alayhi wa sallam that the wealth of the Messenger of Allah sallallahu alayhi wa sallam would not be distributed as inheritance. However, the food expenses of the family of Muhammad or the wives of the Messenger of Allah sallallahu alayhi wa sallam would be paid from it, and the rest would be charity. (Abu Dawud, Hadith: 2968, 2974) He also decided that the responsibility for the management and administration of all these properties would remain with the successor of the Messenger of Allah sallallahu alayhi wa sallam, and their income would be spent exactly on the same causes as the Messenger of Allah sallallahu alayhi wa sallam used to spend. The entire Ummah, including Ali radi Allahu anhu and Abbas radi Allahu anhu, reached consensus on this decision. (Abu Dawud, Hadith: 2963, 2970) Since these exclusive properties (safaya) were declared as charity by the Messenger of Allah sallallahu alayhi wa sallam, they will now be referred to as the charity of the Messenger (sadaqat al-rasul) instead of safaya. (Abu Dawud, Hadith: 2968, 2970)

Benefits and Issues:
➊
‘Umar radi Allahu anhu understood that in the wealth of fay’, all Muslims have a right and share.

➋
The fifth portion (khums) is not taken out from the wealth of fay’; rather, khums is taken out from the spoils of war (ghana’im). After being taken out, it is entrusted to the government.

(1) Banu Nadir was a Jewish tribe that was expelled from Madinah Munawwarah as a punishment for their breach of covenant. They took their belongings and possessions with them, but their lands came under the control of the Muslims; however, these lands became the property of the Bayt al-Mal (public treasury). Since the personal and household expenses of the Messenger of Allah (sallallahu alayhi wa sallam) were the responsibility of the Bayt al-Mal, he would set aside the annual food provisions for his household from it, and the remaining wealth he would spend for the welfare and benefit of the Muslims.

(2) Acquiring permissible means is not contrary to reliance upon Allah (tawakkul), just as the Messenger of Allah (sallallahu alayhi wa sallam) used to purchase weapons and military equipment, and likewise, setting aside a year's worth of expenses for oneself and one's family is also not against tawakkul ‘ala Allah.

Takhrij:
«أخرجه البخاري، الجهاد، باب المجن ومن يترس بترس صاحبه، حديث:2904، ومسلم، الجهاد والسير، باب حكم الفيء، حديث:1757.»©

Explanation:
Banu Nadir was a very large tribe of Jews settled in Madinah Munawwarah.
There was a treaty between them and the Prophet sallallahu alayhi wa sallam.
According to some, they broke the treaty six months after the Battle of Badr, and according to Ibn Ishaq, after the events of Uhud and Bi’r Ma’unah.
Despite warnings and reminders, they did not desist, so the Messenger of Allah sallallahu alayhi wa sallam marched against them and laid siege to them.
Eventually, unable to withstand the siege, they left their homes and wealth behind and went into exile, and their properties came into your (the Prophet’s) possession without any kind of fighting.
These properties were considered fay’ (spoils of war acquired without battle), because there was no fighting at all, so no one was entitled to a share as a combatant. However, you (the Prophet) distributed most of it among the Muhajirun (Emigrants), and also gave to two Ansari Companions as needed.
The remaining wealth, the Prophet sallallahu alayhi wa sallam would spend on his family and relatives.

Benefit:
In Sunan Abi Dawud (2963), there is a lengthy incident related to this hadith, which is of significant relevance for understanding it. We consider it appropriate to mention it so that the readers may have the complete hadith before them.

Sayyiduna Malik bin Aws bin Hadthan radi Allahu anhu narrates that Sayyiduna Umar radi Allahu anhu sent for me when the day had already advanced. I came to him and saw that he was sitting on a bare bedstead (there was no bedding on it). As soon as I entered, he said: O Malik! Some people from your tribe, along with their families, have come to me slowly and gradually. I have promised them some wealth, so you distribute it among them. I said: If you would ask someone else besides me to do this (it would be better). He said: You must do it. Meanwhile, (his servant) Yarfa came. He said: O Commander of the Faithful! Sayyiduna Uthman bin Affan, Abdur Rahman bin Awf, Zubair bin Awwam, and Sa’d bin Abi Waqqas radi Allahu anhum wish to meet you. He said: Yes, and permitted them, so they entered. Yarfa then came again and said: O Commander of the Faithful! Sayyiduna Abbas and Sayyiduna Ali radi Allahu anhum have also come. He said: Yes, yes, and permitted them, so they also entered.

Sayyiduna Abbas radi Allahu anhu said: O Commander of the Faithful! Decide between me and Sayyiduna Ali radi Allahu anhu. Some of those present said: Yes, O Commander of the Faithful! Decide between them and give them relief. Sayyiduna Malik bin Aws radi Allahu anhu said: I think both of them had sent the others for this very purpose. Sayyiduna Umar radi Allahu anhu said: Wait a moment, and then turned to the group and said: I adjure you by Allah, by whose command the heavens and the earth are established, do you know that the Messenger of Allah sallallahu alayhi wa sallam said: We (the Prophets) do not leave inheritance; whatever we leave behind is charity? All of them said: Yes (this is true). Then he turned to Sayyiduna Ali and Sayyiduna Abbas radi Allahu anhum and said: I adjure you both by Allah, by whose command the heavens and the earth are established, do you know that the Messenger of Allah sallallahu alayhi wa sallam said: We (the Prophets) do not leave inheritance; whatever we leave behind is charity? Both of them said: Yes (this is true).

Sayyiduna Umar radi Allahu anhu said: Allah Ta’ala granted His Messenger sallallahu alayhi wa sallam a special privilege which was not given to anyone else among the people. Allah Ta’ala said:
«وَمَا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلَٰكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلَىٰ مَن يَشَاءُ وَاللَّهُ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ ‎» [الحشر: 6]
“And whatever spoils of war Allah has turned over to His Messenger from them, you did not spur on any horses or camels for it, but Allah gives authority to His Messenger over whom He wills, and Allah is Powerful over all things.”

Allah Ta’ala gave His Messenger sallallahu alayhi wa sallam the wealth of Banu Nadir. By Allah! He did not keep it exclusively for himself, leaving out the people, nor did he keep it for himself without giving you anything from it. He sallallahu alayhi wa sallam used to take from it the expenses for a year for himself and his family, and would spend the remainder as he spent other wealth. Then he turned to the group and said: I adjure you by Allah, by whose command the heavens and the earth are established, do you know this? They said: Yes. Then he turned to Sayyiduna Abbas and Sayyiduna Ali radi Allahu anhum and said: I adjure you by Allah, by whose command the heavens and the earth are established, do you know this? Both of them said: Yes.

(Sayyiduna Umar radi Allahu anhu said:) Then, when the Messenger of Allah sallallahu alayhi wa sallam passed away, Sayyiduna Abu Bakr radi Allahu anhu said: I am the guardian (responsible for the affairs) of the Messenger of Allah sallallahu alayhi wa sallam. So you (Sayyiduna Abbas radi Allahu anhu) and he (Sayyiduna Ali radi Allahu anhu) came to Sayyiduna Abu Bakr radi Allahu anhu, you were seeking your share and inheritance from your nephew, and he was seeking the share of his wife (Sayyidah Fatimah radi Allahu anha) from her father’s inheritance. So Sayyiduna Abu Bakr radi Allahu anhu said: The Messenger of Allah sallallahu alayhi wa sallam said: We do not leave inheritance; whatever we leave behind is charity. And Allah Ta’ala knows that he (Sayyiduna Abu Bakr radi Allahu anhu) was truthful and righteous, rightly guided and a follower of the truth. So Sayyiduna Abu Bakr radi Allahu anhu remained the custodian of this wealth. When he passed away, I said: I am the successor of the Messenger of Allah sallallahu alayhi wa sallam and of Sayyiduna Abu Bakr radi Allahu anhu. As long as Allah willed, I remained its custodian and administrator. Then you and he came, and you both were agreed and your word was one, that you were demanding it from me. So I said: If you wish, I will hand over this wealth to you, but you must pledge by Allah’s name that you will manage it in the same way as the Messenger of Allah sallallahu alayhi wa sallam used to manage it. On this pledge, you took it from me. After that, you both have come to me so that I may decide between you. By Allah! I will not decide between you regarding it, even if the Day of Judgment comes. If you are unable to manage it, then return it to me.

Imam Abu Dawud rahimahullah says: The question of these two noble companions was that the administration of this wealth should be formally divided equally between them; it was not that they were unaware of the statement of the Prophet sallallahu alayhi wa sallam that we do not leave inheritance, whatever we leave behind is charity. Both of them also desired what was right and correct. Sayyiduna Umar radi Allahu anhu said: I will not call this a division of wealth; I will leave it as it is. In this hadith, the details of the disagreement are also present, as well as the wise manner in which Sayyiduna Umar radi Allahu anhu explained matters and his clear steadfastness upon the Sunnah of the Prophet sallallahu alayhi wa sallam.

In case of disagreement, it is obligatory to refer to the Qur’an and Hadith.