Al-Anfal (booties) and The Spoils of War
The word Al-Anfal is said to indicate the spoils of war. Allah (swt) says:
“They ask you concerning (the anfal) spoils of war. Say: “(Such) spoils are at the disposal of Allah (swt) and the Messenger (saw)...” [Al-Anfal: 1]
Ibn ‘Abbas and Mujahid were asked regarding Al-Anfal in His (swt) saying:
“They ask you concerning (the anfal) spoils of war...” [Al-Anfal: 1]
and they replied: Al-Anfal are the spoils of war. The word Al-Anfal is also used for what the Imam takes as booty – what is taken from the Kuffar before battle and after. Therefore, Al-Anfal and Al-Ghana’im are the same, being what the Muslims acquire of booty from the Kuffar on the battleground, of money, weaponry, goods, provisions, etc. This is what is meant by the verse revealed by Allah (swt) :
“And know that out of all the booty that you may acquire (in war), a fifth share is assigned to Allah (swt) and to the Messenger (saw).” [Al-Anfal: 41] The spoils of war were made lawful for the Messenger of Allah (saw) , whereas they were forbidden for the previous nations. The Messenger of Allah (saw) said: “I have been given five things that which were not given to anyone before me…”, mentioning of them: “…and the spoils of war were made lawful for me.” And on the authority of Abu Hurairah, the Messenger of Allah (saw) said: “The spoils of war were not made lawful for anyone with black hair before you; a fire would come from the sky and eat it up.” This is the reality of Al-Anfal and the Ghana’im. Allah (swt) has charged the one in authority over the Muslims the responsibility of distribution and disposal of them. This has been made explicit in the saying of Allah (swt) : They ask you concerning (the anfal) spoils of war. Say:
“(Such) spoils belong to Allah (swt) and the Messenger (saw)” [Al-Anfal: 1] and His saying:
“What Allah (swt) has bestowed on His Messenger (saw)” [Al-Hashr: 6] This was also clear in the actions of the Prophet (saw) in terms of distributing the spoils of war, as well as in the actions of the Khulafa’a after him. The Prophet (saw) was in charge of the distribution of the spoils and the disposal of them, as were the Khulafa’a, either personally or by delegating someone to distribute on their behalf. Therefore, the Khalifah of the Muslims is the person responsible for distributing the spoils of war and disposal of them. As far as how he disposed of them, this is based on what he views in the interest of the Muslims, according to the divine rules, This is because the Legislator charged the Khalifah to manage the affairs of the Muslims and discharge their interests, in accordance to the Ahkam Shari’ah, following his opinion and Ijtihad that achieves the interests of Islam and the Muslims.
The Division of The Spoils, The Area of Their Expenditure and Those Who Are Entitled to Them
As for the division of the spoils of war, the area of their expenditure and those who are entitled to them, the Prophet (saw) divided the spoils of Badr amongst the fighters, without taking out the fifth. He gave the rider three shares and the foot soldiers one share.Whereas in other battles he would take out the fifth from the spoils. This shows that his disposal of the spoils was not according to one fashion, rather it varied. He would hand out Al-Anfal before and after he divided them. He would give them before taking out the fifth in one instance, after taking out the fifth in another instance, and from the fifth sometimes, and he would promise to give from the coming Anfal and conquests. He does all that according to what he views in the interest of Islam and the Muslims. The first verse revealed regarding Al- Anfal and spoils made their matter and their management the responsibility of Allah (swt) and His Messenger (saw) , and later on, the responsibility of the man in charge of the Muslims’ affairs after the Prophet (saw) . Allah (swt) says:
“They ask you concerning (the Anfal) spoils of war. Say:
“(Such) spoils are at the disposal of Allah (swt) and the Messenger (saw)” [Al-Anfal: 1]
So the verse gave the right of the division of spoils and Al-Anfal and their management, to the Messenger (saw) , ie: the leader of the Muslims. It was reported by Abi Umamah that he said: I asked ‘Ubadah b. As-Samit about Al-Anfal, and he said: “It (the verse) was revealed regarding us, after the fighters of Badr disputed over the distribution of the spoils and we began displaying our bad manners, Allah (swt) took them all out of our hands, and gave them to the Messenger of Allah (saw) , who then divided them between the Muslims equally.” The verse is general, including all spoils, and is not specific to the battle of Badr.
The actions of the Prophet (saw) in regards to the spoils show that their distribution is subject to the opinion of the Imam where he disposes of them the way he deems most fitting for the interest of Islam and the Muslims. This is because the Prophet (saw) gave out the third, as he gave out the quarter, after giving out the fifth of them. It was reported by Abi Umamah from ‘Ubadah b. As-Samit who said: “We fought with the Messenger of Allah (saw) so he gave us, at the beginning, the quarter of the spoils, and the third as we returned home.” He also gave the booty of those killed in battle to the one who killed them. On the authority of Abi Qutadah, the Prophet (saw) said on the day of Hunain: “Whoever kills someone, and has evidence (to prove it), to him belongs his booty.” And he distributed the spoils of Bani Al-Nadheer amongst the Muhajireen, giving none to the Ansar, except for Sahl b. Hunaif and Abu Dajana, he gave them due to their poverty. Allah (swt) had given a reason for this way of distribution in Surat Al- Hashr saying:
...in order they (the funds) may not remain in circuit between the wealthy amongst you [Al-Hashr: 7] He gave to those whose hearts needed reconciliation a very generous share on the day of Hunayn. Anas b. Malik said: “The Messenger of Allah (saw) divided the spoils of Hunayn, giving to Al-Aqra’ b. Habis one hundred camels, and to ‘Uyaynah b. Hussn one hundred camels, and to Abu Sufyan b. Harb one hundred camels, and to Hakeem b. Hazam one hundred camels, and to Al-Harith b. Kaldah one hundred camels, and to Al-Harith b. Hisham one hundred camels, and to Suhail b. ‘Amr one hundred camels, and Huaytib b. ‘Abdul Al-‘Uzza one hundred camels, and to Al-‘Ala’ b. Jariyah Al-Thaqafi one hundred camels and he gave to the others Muallafati Qulubuhum less than this. The Ansar found themselves upset by this, since the Messenger (saw) gave them nothing of the spoils, so he gathered them, and spoke to them, to the point that he made them cry and thus pleased them. The Khulafa’a ur-Rashidoon followed in the same footsteps of the Messenger of Allah (saw) , they used to give the gains before the battle and before it was divided into shares. ‘Umar b. Al-Khattab for instance allocated to Jarir Ibnu Abdullah Al-Bajali and his tribe Bajila, the third of the land having set aside the fifth first. This was when Jarir responded positively to ‘Umar’s request to head for Iraq. Jarir benefited from the third of the land for two to three years, then ‘Umar reclaimed it back off him and said: “ O Jarir, were I not a responsible divider, you would keep what you have got, but the number of people have increased and I suggest you returned it to them,” Jarir accepted that, so ‘Umar granted him eighty Dinars.
All these verses and the actions of the Messenger of Allah (saw) and the Khulafa’a after him, demonstrate that the issue of the booties is commissioned to the Imam, to handle according to what he deems in the interest of Islam and the Muslims. If he thought it best to divide them or divide part of them, he would do so, and if he thought it best to add them to other funds of the Treasury, such as the Fai’, Jizya and the Kharaj, to be spent on Muslims’ affairs, he would be within his rights to do so. This is especially now that it is the State which undertakes the equipment of the regulars and the reservists of the armed forces. It is also the State which pays their wages, supplies them with provisions and support for their families, as well as supplying the weapons and military hardware. The heavy war machines are no longer owned by individuals nor are the other equipment, as was the case in the past, especially now that the weapons became more sophisticated, heavy and owned by the State, which makes it impossible to be owned by individuals.
Therefore, the rule of the Ghana’im (booties) would be the same as that of the Fai’, Kharaj, Jizya and Ushr: They are deposited in the Muslims’ Treasury, and spent on looking after their affairs. The Khalifah could also divide these Ghana’im among those who take part in the battle, in a manner that he deems is in the interest of Islam and the Muslims.
The Fai’
The Fai’ is a term used to refer to what the Muslims seize from the disbeliever’s possessions without resorting to armed conflict and without having to move the armed force or to travel; as was the case with Bany Nadhir. The Fai’ could also be what the Muslims’ seize from the disbelievers who, fearing the Muslims, flee and leave their homes and possessions behind, or those who, for fear from the Muslims, give the Muslims part of their possessions and land in exchange for peace and to avoid armed conflict, such as the case of the Jews of Fadak. This is the meaning of Fai’ intended by Allah (swt) in Surah Al-Hashr:
“What Allah (swt) has bestowed on His Messenger (saw) and taken from them, for this you made no expedition with either cavalry or walking.” [Al-Hashr: 6]
The property of Bany Nadhir and Fadak were part of the Fai’ for which Muslims did not resort to armed conflict, it was therefore all bestowed on the Messenger of Allah (saw) . In his lifetime, he used to spend from the Fai’ on his family for a year, and the rest would go towards buying horses and weapons for Jihad in the way of Allah (swt) . When he departed, Abu Bakr and ‘Umar followed in his footsteps. Bukhari reported in the chapter of Al-Khums that one day Uthman, Abdul Rahman Ibnu Auf, Al-Zubair and Sa’ad Ibnu Aby Waqqas sought permission to meet with ‘Umar. He granted them their request, they sat for a short while then came Ali and Abbas also asking to meet him, ‘Umar ushered them in so they entered, greeted everyone and sat down. Abbas then said: “O Amir Al-Mu’mineen, be the judge between me and this man, and they were in dispute over what Allah (swt) has bestowed on His Messenger (saw) from the wealth of Bany Nadhir.” The others, Uthman and his friends, said: “O Amir Al-Mu’mineen, do judge between them and rid them of each other.”. Upon this, ‘Umar said: “Be patient. I adjure you by Allah (swt) with Whose power the heaven and the earth stand, did you know that the Messenger of Allah (saw) said: ‘We do not bequeath, what we leave behind, is Sadaqah?’ The Messenger of Allah (saw) was talking about himself.” Uthman and his friends said: “Yes, he did say so.”. ‘Umar then turned towards Ali and Abbas and said: “I adjure you by Allah (swt) , did you know that the Messenger of Allah (saw) said this?”, they said: “Yes, he did say so.”. ‘Umar then said: “Let me tell you about this. Verily Allah (swt) has bestowed this Fai’ on His Messenger (saw) and never gave it to anyone else.”. ‘Umar then recited Allah (swt) saying: “’What Allah (swt) has bestowed on His Messenger (saw)…until His saying: ‘Qadir’; so this was specifically given to the Messenger of Allah (saw) . Allah (swt) , he did not take it from you nor did he keep it from you, he gave you from it and kept it going among you until this wealth is left from it. The Messenger of Allah (saw) used to spend from it on his family for a year, then allocate what was left for Jihad in the way of Allah (swt) . He did this throughout his life. I adjure you by Allah (swt) , did you know this?”. They said yes. ‘’Umar then went on saying: “Then Allah (swt) took His Prophet (saw)’s life and Abu Bakr said: ‘I am the successor of the Messenger of Allah (saw) ‘, and he took it over and used it in the same way as the Messenger of Allah (saw) and Allah (swt) knows that he was truthful, pious, rightly guided and the follower of the Truth. Then Allah (swt) took Abu Bakr’s life away and I was appointed as successor to Abu Bakr, so I took over this Fai’ for the two years of my Imama, and I am following in the Messenger of Allah (saw) and Abu Bakr’s footsteps, and Allah (swt) knows that I am truthful, pious, rightly guided and follower of the Truth…”etc… to the end of the report, which is quite long.
Therefore, the rule regarding every Fai’ which the Muslims gain form their enemy without resorting to armed conflict and without moving the armed forces, would be that of the wealth of Allah (swt) that is taken from the disbelievers such as the Kharaj and the Jizya; it should be put in the treasury and spent on looking after the Muslims affairs and on their welfare according to the Khalifah’s opinion in what he deems would be in the interest of the Muslims.
The Fai’ also refers to the land that is conquered either by force or by peaceful means, and whatever may follow the conquest of that land in terms of Kharaj, Jizya and Ushur of trade. This is indicated by Allah (swt)’s saying:
“What Allah (swt) has bestowed on His Apostle (and taken away) from the people of the townships belongs to Allah (swt) to His Apostle and to kindred and orphans the needy and the wayfarer; in order that it may not (Merely) make a circuit between the wealth among you. [Al-Hashr: 7]
This is how ‘Umar understood the verse, and acted accordingly with regard to the Sawad (land) of Iraq, and to the lands of Ash-Sham and Egypt. This was when Bilal and his friends asked him to divide what Allah (swt) bestowed on them from Iraq and Ash-Sham. ‘Umar and the Sahabah understood that the lands of Iraq, Al-Sham and Egypt were part of what Allah (swt) bestowed on them, for they conquered these lands by force with their swords. This was clearly mentioned during their debate with ‘Umar, they said: “Would you hold from us what Allah (swt) bestowed on us, with our swords, to share it with people who did not take part, and did not even witness the battle, and to their sons and their grandsons even though they did not take part in the fight?” And it was clearly mentioned in ‘Umar’s conversation with the ten Ansar he summoned to consult them about the Kharaj and the Jizya being part of the Fai’ ; He said: “I thought I would make the two lands and their trees an inalienable property and impose on them the Kharaj, and on their owners the Jizya, these would be a Fai’ to the Muslims, be it the fighters, their sons and those who come after them.” So all the funds of this Fai’ and whatever it may entail from Jizya, Kharaj, Ushur and other, should benefit all the Muslims, the rich and the poor among them. The funds should be placed in the treasury of the Muslims and spent on looking after their affairs and on their welfare, and all the Muslims should be entitled to these funds. ‘Umar said about this after he had imposed the Kharaj on the lands of Iraq, Ash-Sham and Egypt: “Every Muslim has to be entitled to share from these funds. “ He then recited:
“What Allah (swt) has bestowed on His Messenger (saw) (and taken away) from the people of the townships,” [Al- Hashr: 7] until he reached
“ ...and those who came after them say” [Al- Hashr: 10] He then said: “This includes all the Muslims, and if I lived, the shepherd would come from the cypress of Himyar, and he would get his share even if he did not sweat for it.”
The Khums (the fifth)
It means the fifth of the booty, referred to by Allah (swt) saying:
“And know that our of all the booty that you may gain (in war) a fifth share is assigned to Allah (swt) and the Messenger (saw), and to the near relatives, orphans, the needy and the wayfarer” [Al-Anfal: 41]
This fifth used to be, in the lifetime of the Messenger of Allah (saw) , divided into five shares: one share to Allah (swt) and the Messenger (saw) , another for the family of the Messenger (saw) , and the other three to the orphans, the needy and the wayfarers.
The Messenger of Allah (saw) used to spend his own share of the Khums on the Muslims and on Jihad in the way of Allah (swt) , where he would buy camels and horses and weapons, and he would also equip the fighters. It has been reported that when he returned from Hunayn, he lifted a camel’s hair and held it aloft in his fingers saying: “I have nothing from that which Allah (swt) bestowed upon you even this hair except a fifth of your booty and the fifth I will return to you.”
As for the share allocated to the relatives, this was shared among Bany Hashim and Bany Al-Muttalib during the lifetime of the Messenger of Allah (saw) , none of the other relatives of the Messenger (saw) were given anything from that share. The share of the relatives served as means of provision to the Messenger of Allah (saw) and as assistance to Bany Hashim and Bany Al- Muttalib as a reward for their support of the Messenger of Allah (saw) and Islam. That is why the share was confined to them. Jubayr Ibnu Mut’im reported: “When the Messenger of Allah (saw) divided the share of the relatives among Bany Hashim and Bany Al-Muttalib, Uthman and I went to see him, and I said: ‘O Messenger of Allah (saw): No one denies the merits of Bany Hashim due to the position in which Allah (swt) put you among them, you however gave Bany Al-Muttalib and denied us our share, though we are equal to them are we as also family.’ He replied: ‘They have not let us down, and have been with us in Jahiliyyah and Islam. Therefore Bany Hashim and Bany Al-Muttalib are one and the same,’ and he tightened his fingers together.’”
When the Messenger of Allah (saw) departed, and Abu Bakr was appointed Khalifah, the share of the Messenger of Allah (saw) and the share of the relatives form the fifth (Khums) were put in the Treasury, and spent on looking after the Muslims affairs and on Jihad in the way of Allah (swt) . This continued to be the case thereon. Ibnu Abbas was asked about the share of the relatives after the departure of the Messenger of Allah (saw) so he said: “We used to claim that it was ours, but our people denied us this.” He also said in answer to Najda Al-Hurury when he asked him about the share of the relatives: “It belongs to us. ‘Umar once proposed that the share could be used to help our widows to get married and to assist the sick among us but we refused and asked for the whole share to be handed to us, but he refused.”
We have earlier explained in the topic of Ghana’im, how the Ghana’im today should be placed in the Treasury and we gave evidence about this, and how the matter of the Ghana’im is commissioned to the Khalifah, to handle them and spend them on looking after the Muslims’ affairs according to his own opinion and Ijtihad. Since the Khums represents part of the Ghana’im, it therefore follows the same rule and it should be placed where the Ghana’im are placed, and they both would be treated like Jizya, the Kharaj and the Ushur.