Written by: Imran Ayyub Lahori
Linguistic meaning:
The term ghanīmah refers to wealth gained in war. Its plural is ghanā’im. Related expressions include al-maghnam and al-ghunm, all carrying the meaning of “booty” or “gain.”
[al-Qāmūs al-Muḥīṭ, p. 1031; al-Munjid, p. 618]
Shar‘i meaning:
Wealth taken from the enemy through force and dominance is called ghanīmah.
[al-Fiqh al-Islāmī wa Adillatuhu 8/5896]
Māl-e-Fay’ refers to wealth obtained without combat, such as through treaties, jizyah, or kharāj.
[Tafsīr Aḥsan al-Bayān, p. 491; al-Fiqh al-Islāmī wa Adillatuhu 8/5894; Āthār al-Ḥarb, p. 553]
➊ Hadith of ‘Amr bin ‘Absah (RA):
The Prophet ﷺ led us in prayer facing a camel from war booty. After finishing the prayer, he took a tuft of its wool and said:
«لَا يَحِلُّ لِي مِنْ غَنَائِمِكُمْ مِثْلُ هَذَا إِلَّا الْخُمُسُ وَالْخُمُسُ مَرْدُودٌ فِيكُمْ»
“It is not lawful for me to take from your war booty even this much—except the khums (fifth), and that too is returned to you.”
[Sahih: Abu Dawud 2393, 2755; Sahih al-Nasā’i 3858]
➋ Hadith of ‘Amr bin Shu‘ayb (from his father, from his grandfather):
Conveys the same meaning.
[Sahih: Abu Dawud 2343, 2694; Musnad Ahmad 2/184; al-Nasā’i 6/263; al-Muwaṭṭa’ 2/457]
➌ Hadith of al-‘Irbād bin Sāriyah (RA):
Reported with similar wording.
[Musnad Ahmad 4/127-128; al-Bazzār 2/291; al-Ṭabarānī al-Kabīr 18/259, 649; Majma‘ al-Zawā’id 5/337]
These Ahadith prove that the ruler is entitled only to the khums from war booty. The remaining four-fifths must be distributed among the fighters. Even the khums is not for the ruler’s personal use but must be spent on the categories specified in the Qur’an.
﴿وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ﴾
(al-Anfal: 41)
Translation:
“Know that whatever you obtain as war booty, indeed one-fifth of it belongs to Allah, the Messenger, the Messenger’s relatives, the orphans, the poor, and the wayfarer.”
[Nayl al-Awṭār 4/17]
① Ḥanafis:
The khums is divided into three parts:
② Shāfi‘ī, Ahmad, and the majority:
The khums is divided into five portions:
③ Mālik:
The distribution is entirely at the discretion of the ruler, who may allocate according to the best interest of the Muslims.
[Bidayat al-Mujtahid 1/277]
④ Ibn Taymiyyah (رحمه الله):
He preferred Imam Malik’s view, saying the Qur’anic categories are listed by way of guidance and emphasis (taghlīb wa tanbīh), not as strict divisions.
[Taysīr al-‘Alī al-Qadīr 2/294; Tafsīr Fatḥ al-Qadīr 2/310]
✿ Definition of Ghanīmah
Linguistic meaning:
The term ghanīmah refers to wealth gained in war. Its plural is ghanā’im. Related expressions include al-maghnam and al-ghunm, all carrying the meaning of “booty” or “gain.”
[al-Qāmūs al-Muḥīṭ, p. 1031; al-Munjid, p. 618]
Shar‘i meaning:
Wealth taken from the enemy through force and dominance is called ghanīmah.
[al-Fiqh al-Islāmī wa Adillatuhu 8/5896]
✿ Māl-e-Fay’
Māl-e-Fay’ refers to wealth obtained without combat, such as through treaties, jizyah, or kharāj.
[Tafsīr Aḥsan al-Bayān, p. 491; al-Fiqh al-Islāmī wa Adillatuhu 8/5894; Āthār al-Ḥarb, p. 553]
✿ Evidences from Ahadith
➊ Hadith of ‘Amr bin ‘Absah (RA):
The Prophet ﷺ led us in prayer facing a camel from war booty. After finishing the prayer, he took a tuft of its wool and said:
«لَا يَحِلُّ لِي مِنْ غَنَائِمِكُمْ مِثْلُ هَذَا إِلَّا الْخُمُسُ وَالْخُمُسُ مَرْدُودٌ فِيكُمْ»
“It is not lawful for me to take from your war booty even this much—except the khums (fifth), and that too is returned to you.”
[Sahih: Abu Dawud 2393, 2755; Sahih al-Nasā’i 3858]
➋ Hadith of ‘Amr bin Shu‘ayb (from his father, from his grandfather):
Conveys the same meaning.
[Sahih: Abu Dawud 2343, 2694; Musnad Ahmad 2/184; al-Nasā’i 6/263; al-Muwaṭṭa’ 2/457]
➌ Hadith of al-‘Irbād bin Sāriyah (RA):
Reported with similar wording.
[Musnad Ahmad 4/127-128; al-Bazzār 2/291; al-Ṭabarānī al-Kabīr 18/259, 649; Majma‘ al-Zawā’id 5/337]
These Ahadith prove that the ruler is entitled only to the khums from war booty. The remaining four-fifths must be distributed among the fighters. Even the khums is not for the ruler’s personal use but must be spent on the categories specified in the Qur’an.✿ Qur’anic Command
﴿وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ﴾
(al-Anfal: 41)
Translation:
“Know that whatever you obtain as war booty, indeed one-fifth of it belongs to Allah, the Messenger, the Messenger’s relatives, the orphans, the poor, and the wayfarer.”
[Nayl al-Awṭār 4/17]
✿ Scholarly Opinions on Distribution of Khums
① Ḥanafis:
The khums is divided into three parts:
- One-third for orphans
- One-third for the poor
- One-third for travelers
They hold that Allah’s share is only for tabarruk (honorific mention). The Prophet’s ﷺ share ended with his passing, and the relatives (Banu Hāshim) received during his life due to their support of Islam. Afterwards, they are entitled only if needy.
[Badā’i‘ al-Ṣanā’i‘ 7/125]
② Shāfi‘ī, Ahmad, and the majority:
The khums is divided into five portions:
- For public welfare (Allah and His Messenger’s share)
- For the Prophet’s ﷺ relatives (Banu Hāshim, descendants of Fatimah RA)
- For orphans
- For the poor
- For travelers
[al-Mughnī al-Muḥtāj 3/94]
③ Mālik:
The distribution is entirely at the discretion of the ruler, who may allocate according to the best interest of the Muslims.
[Bidayat al-Mujtahid 1/277]
④ Ibn Taymiyyah (رحمه الله):
He preferred Imam Malik’s view, saying the Qur’anic categories are listed by way of guidance and emphasis (taghlīb wa tanbīh), not as strict divisions.
[Taysīr al-‘Alī al-Qadīr 2/294; Tafsīr Fatḥ al-Qadīr 2/310]
✿ Summary
- War booty is divided into five parts:
◈ Four parts for the fighters.
◈ One part (khums) for the categories specified in the Qur’an. - The ruler has no personal right to the booty—only responsibility to distribute the khums fairly.
- Differences exist among jurists on exact allocation, but the stronger opinion (as per Ibn Taymiyyah) is that the ruler uses it for the welfare of Islam and Muslims, guided by the Qur’anic categories.
