The Distribution of War Spoils or Allocating Them to the Public Treasury, and the Difference Between Fay' and Ghanimah
Machine translationRead the Arabic original
Question:
Honorable Shaykh, does the Imam have the right not to distribute the war spoils and instead allocate them to the Muslim public treasury for the general benefit?
Answer:
What belongs to the Muslim public treasury is the fay' (spoils acquired without fighting). The fay' is what the Muslims took possession of without fighting, either what the disbelievers left behind out of fear of the Muslims, or what they agreed to give the Muslims in a truce. This is the fay'.[Al-Hashr 59:6] He prays his prayers. This is the fay'.
The Muslims took possession of it from the disbelievers' wealth without fighting, either through a truce between them and the disbelievers, or because the disbelievers fled from it and left it out of fear of the Muslims. This is the fay'. This is the fay'. And lands, lands are also fay'. If the Muslims take possession of a land that has territories, it becomes fay'. The Imam may distribute it among the fighters, and he may keep it for the interests of the Muslims, so it becomes fay'. Thus, there is a difference between the fay' and the ghanimah (war spoils). "And what Allah has bestowed upon His Messenger from them, you have not sent forth for it any cavalry or camels, but Allah..." This is the fay'.Sunan Abi Dawud 2966Sahih (Al-Albani) This is the ghanimah. This is the ghanimah. Yes.
Honorable Shaykh, does the Imam have the right not to distribute the war spoils and instead allocate them to the Muslim public treasury for the general benefit?
Answer:
What belongs to the Muslim public treasury is the fay' (spoils acquired without fighting). The fay' is what the Muslims took possession of without fighting, either what the disbelievers left behind out of fear of the Muslims, or what they agreed to give the Muslims in a truce. This is the fay'.
And what Allah restored [of property] to His Messenger from them - you did not spur for it [in an expedition] any horses or camels, but Allah
وَمَا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلَٰكِنَّ اللَّهَThe Muslims took possession of it from the disbelievers' wealth without fighting, either through a truce between them and the disbelievers, or because the disbelievers fled from it and left it out of fear of the Muslims. This is the fay'. This is the fay'. And lands, lands are also fay'. If the Muslims take possession of a land that has territories, it becomes fay'. The Imam may distribute it among the fighters, and he may keep it for the interests of the Muslims, so it becomes fay'. Thus, there is a difference between the fay' and the ghanimah (war spoils). "And what Allah has bestowed upon His Messenger from them, you have not sent forth for it any cavalry or camels, but Allah..." This is the fay'.
What Allah as bestowed on His Apostle (and taken away) from the people of the townships - belong to Allah - to the Apostle, and to kindred
ما أفاء الله على رسوله من أهل القرى فلله وللرسول ولذي القربى
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجهاد - 3 — islamhouse.com (50:19)
The Arabic text is a machine transcription of the audio recording.
