Transliteration:( Maaa afaaa'al laahu 'alaa Rasoolihee min ahlil quraa falillaahi wa lir Rasooli wa lizil qurbaa wal yataamaa walmasaakeeni wabnis sabeeli kai laa yakoona doolatam bainal aghniyaaa'i minkum; wa maaa aataakumur Rasoolu fakhuzoohu wa maa nahaakum 'anhu fantahoo; wattaqul laaha innal laaha shadeedul-'iqaab )
20. This means the family members of the Holy Prophet ? the Banu Hashim and the Banu Muttalib who were receiving from 1/5th share given to the Holy Prophet would not be entitled to this after his demise on the basis of family ties, but on the basis of poverty.Â
Under this condition, this verse would be regarded as part of the spoils of war. But if it is connected with that wealth that comes into Muslim hands without a fight, then it is the detailed explanation of the first statement.
21. It should be remembered that the wealth of Banu Nazeer had fallen into Muslim hands without any fight. Likewise, Khaibar too, came under Muslim control without any fight. The wealth of these people were not regarded as spoils of war. This tells us that the Gardens of Fidak are not the sole property of Hazrat Faatimah but the destitute, travelers, etc. too, have a share in it because it is a trust or endowment property.Â
On the basis of trust, the Gardens of Fidak were the property of the Holy Prophet. This is the wealth of the infidels, which comes into Muslim hands without any fight taking place. For this reason, Hazrat Alli did not distribute this property.
22. Reason for its Revelation:
It was a custom in the Days of Ignorance that 1/4 of the spoils of war were taken by the leader and the other 3/4 was distributed among the soldiers in such a way that most of the wealth was taken by the rich and little was given to the poor. On one occasion, the Noble Companions told the Holy Prophet ?  that  1/4 of the war booty should be taken by the Messenger of Allah and the remainder we will distribute according to this custom. On that occasion, this verse was revealed.
23. This means whatever from the spoils of war is given to you by the Holy Prophet should take it.
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The tafsir of Surah Hashr verse 7 by Ibn Kathir is unavailable here.
Please refer to Surah Hashr ayat 6 which provides the complete commentary from verse 6 through 7.
(59:7) Whatever (from the possessions of the towns people) Allah has bestowed on His Messenger belongs to Allah, and to the Messenger, and to his kinsfolk, and to the orphans, and to the needy, and to the wayfarer[13] so that it may not merely circulate between the rich among you.[14] So accept whatever the Messenger gives you, and refrain from whatever he forbids you. And fear Allah: verily Allah is Most Stern in retribution.[15]
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 share in these properties.
The first share in these is of Allah and His Messenger. The detail of how the Prophet (peace be upon him) acted on this injunction has been related by Malik bin Aus bin al- Hadathan on the authority of Umar, thus: The Prophet (peace be upon him) 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, Daud, Tirmadhi, Nasai and others). After the passing away of the Prophet (peace be upon him) 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 (peace be upon him). Imam Shafai is reported to have expressed the opinion that the share which was specifically meant for the Prophet’s (peace be upon him) person, is for his caliph after him, for the Prophet (peace be upon him) 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 Shafei 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 Prophet (peace be upon him), 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 Prophet (peace be upon him) could also fulfill 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 Prophet (peace be upon him), 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. Abdullah bin Abbas has related that in the time of Abu Bakr and Umar and Uthman, 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 Ali also acted on the same in his time, Muhammad bin Ishaq has related on the authority of Imam Muhammad Baqir that although 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 Prophet, peace be upon him), 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 Prophet (peace be upon him), a difference of opinion arose about these two shares (i.e. the share of the Prophet, peace be upon him, and the share of his relatives). Some people said that the first share should go to the Prophet’s (peace be upon him) caliph, some said that the second share should go to the relatives of the Prophet (peace be upon him), and still others said that the second share 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 Saib says that Umar bin Abdul Aziz in his time had started sending the share of the Prophet (peace be upon him) 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 correct as was being followed in the time of the righteous Caliphs. (Abu Yusuf, Kitab al-Kharaj pp. 19-21). Imam Sharei’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 alMuhtaj). 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-Maani). 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 Prophet’s (peace be upon him) 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 Shafei and the other Imams is that according to Imam Shafei the total properties of fai are to be divided into five equal parts one part of which is to be spent on the abovementioned 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).
14. This is one of the most important verses of the Quran, 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 becoming poorer. This policy has not merely been enunciated in the Quran, but for the same objective the Quran has forbidden interest, made the zakat obligatory, enjoined that khums (one-fifth) be deducted from the booty, exhorted the Muslims to practice 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. fai) is that its one portion must necessarily be spent on supporting the poor class 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 this is also 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.
15. In view of the context the verse means: Accept without question whatever decision the Prophet (peace be upon him) 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 (peace be upon him) gives him, and the one whom he does not give anything, should neither protest nor demand it. But since the words of the command are general, its application is not restricted to the distribution of the fai properties and goods only, but its intention is that in all matters the Muslims should obey the Prophet (peace be upon him). 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 “whatever he does not give you.” If the object of the command were restricted to call obedience to the distribution of all 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 Prophet (peace be upon him) in whatever he commands and forbids. The same thing has been stated by the Prophet (peace be upon him) himself. According to Abu Hurairah he said: When I command you to do a thing, do it as far as you can; and when I forbid you to do a thing, restrain from it. (Bukhari, Muslim). About Abdullah bin Masud 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. 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 nahakum anhu fantahu: Take whatever the Messenger gives you, and refrain from whatever he forbids you. When she said that she had read this verse, Abdullah said: So the Prophet (peace be upon him) 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).
[1654]- Those of Banū Hāshim and Banū Muṭṭalib, whom he (ﷺ) had prohibited from accepting zakāh. [1655]- This ruling concerning properties abandoned by an enemy without a war effort differs from that in Sūrah al-Anfāl, verse 41, which refers to spoils of war in which four fifths is distributed among those who fought in Allāh's cause.
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