Question:
We state in the book The Funds (Al-Amwal) on pages (35, 36) that the distribution of spoils (Ghanimah) and booty (Anfal) is entrusted to the Ruler (Wali al-Amr), who distributes them as he sees fit for the public interest. What, then, is the meaning of the specific mention of the fifth in the Almighty's saying: "And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it... the verse"? Does this mean that if the Ruler wishes to distribute the spoils and give the State Treasury (Bayt al-Mal) its share, he is restricted to the fifth (which contradicts my understanding of the adopted opinion), or is he allowed, for example, to take half of the spoils for the Treasury and distribute the other half to the fighters?
In short, how should we understand the specification of the fifth in the verse, as long as the distribution of all spoils is entrusted to the Imam's authority? May Allah bless you.
Answer:
The noble verse:
وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ إِنْ كُنْتُمْ آمَنْتُمْ بِاللَّهِ وَمَا أَنْزَلْنَا عَلَى عَبْدِنَا يَوْمَ الْفُرْقَانِ يَوْمَ الْتَقَى الْجَمْعَانِ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ
"And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the traveler, if you have believed in Allah and in what We sent down to Our Servant on the day of criterion - the day when the two armies met. And Allah is over all things competent." (Surah Al-Anfal [8]: 41).
Scholars have several opinions regarding its interpretation:
Some said that the fifth is strictly divided into five shares: a share for Allah and the Messenger, a share for the near relatives, a share for the orphans, a share for the needy, and a share for the traveler. This view considers the share of Allah and the Messenger as a single share.
Others said that the fifth is strictly divided into six shares: a share for Allah, a share for the Messenger, a share for the near relatives, a share for the orphans, a share for the needy, and a share for the traveler.
Others argued that the fifth belongs entirely to Allah (swt), and the categories mentioned afterward are for the purpose of preference rather than restriction. The Imam may spend this fifth on the interests of the Muslims according to his ijtihad. This is our preferred view, and the reasoning is as follows:
Allah (swt) says: "And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the traveler."
Here, a detailed breakdown follows a general statement. If the detailing is to highlight the merit of the mentioned categories, it does not nullify the general statement. Rather, the general statement remains general, and it is merely preferable to include these categories without excluding others; that is, this detailing does not imply restriction (hasr).
Therefore, it is understood as: "And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it...", meaning for aspects of seeking closeness to Allah (swt). Then, He mentioned specific ways that are preferred over others for seeking closeness to Him, but not as an exclusive list.
It is worth noting regarding the nahwu that: أَنَّمَا is not إنَّمَا rather it is أَنَّ، مَا meaning "that which," i.e., "that which you have obtained as spoils."
A similar example is found in the noble verse:
مَنْ كَانَ عَدُوًّا لِلَّهِ وَمَلَائِكَتِهِ وَرُسُلِهِ وَجِبْرِيلَ وَمِيكَالَ فَإِنَّ اللَّهَ عَدُوٌّ لِلْكَافِرِينَ
"Whoever is an enemy to Allah and His angels and His messengers and Gabriel and Michael - then indeed, Allah is an enemy to the disbelievers." (Surah Al-Baqarah [2]: 98).
Mentioning Gabriel and Michael after "the angels" does not mean that enmity is restricted to Gabriel and Michael alone, or that one who is an enemy to other types of angels is excluded. Rather, this is a detailing of "Gabriel and Michael" after the general term "the angels" because of a specific merit and virtue they possess, without nullifying the generality of the angels.
Thus, the phrase "and for the Messenger and for [his] near relatives and the orphans, the needy, and the traveler" is a detailing of the ways of goodness after the general statement of seeking closeness to Allah through all ways of goodness: "then indeed, for Allah is one fifth of it." This falls under the category of "detailing after generalization" due to the distinction of the mentioned categories in terms of the greatness of the reward. This is confirmed by the fact that the verse did not say "then its fifth is for Allah, the Messenger, and the near relatives..."; nor did it say "then for Allah, the Messenger, the near relatives, the orphans, the needy, and the traveler is its fifth...", which would have equated the parties in the subject and predicate so that the meaning of the sentence would only be complete at its end. Instead, the noble verse says: "then indeed, for Allah is one fifth of it...", and the sentence could logically conclude there.
Therefore, our preferred view—which we have placed in The Funds (Al-Amwal)—is that the categories mentioned in the verse are not an exclusive definition of how the fifth must be spent. Rather, the fifth is placed in the State Treasury (Bayt al-Mal) and spent according to the Caliph's opinion and ijtihad for the interests of the Muslims. It is preferable to spend it on those mentioned categories if they exist, or on others. In this, the Imam pursues the interests of the Muslims, the management of their affairs, the fulfillment of their needs, and the preservation of their security.
For your information, Imam Malik holds a similar view, in that the distribution of the fifth is returned to the Imam to be used for the interests of the Muslims.