It needs to be borne in mind that the wordings of Surah Al-Anfal regarding Khums of ghanimah is almost identical to the wordings of fai' mentioned in the present verse. Some details are available at the beginning of Surah Al-Anfal in Volume 4 of Ma` ariful Qur'an, pages 148-151 and more details of the injunctions are available in the same volume on pages 221-229, under verse 41. The foregoing verses set down the rules pertaining to fai', its beneficiaries and its method of distribution. The fai' must be distributed among the defined five classes. However, a few classes of beneficiaries have been clearly defined. The Holy Prophet ﷺ is granted full authority to give as much as he likes to whomsoever he likes or to retain for himself at his discretion. Unlike ghanimah, fai' is not distributed among the mujahidin (participants in fighting). The laws pertaining to the distribution of the two types of spoils are different. ![]() ![]() The phrase ahl ul-qura or 'the people of the towns' refers to the Jewish tribes like Banu Nadir and Banu Quraizah whose wealth and property were obtained without armed struggle. The term fai' includes any property or wealth which the non-Muslims might leave behind and run away, or make over to the Muslim Authority willingly or with consent like Khiraj, jizyah or commercial duty. The present Surah takes up the subject of fai' and the law of its distribution. Surah Al-Anfal dealt with injunctions relating to ghanimah or spoils, which is acquired from non-Muslims in the wake of armed struggle. However, the word 'fai' refers to a property acquired without resorting to an actual fight, (like in a state of peaceful surrender.) These two terms have been used to set down rules of these two types in the Holy Qur'an. The former refers to a property which is acquired from non-Muslims through active armed struggle, as in وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ (And know that whatever spoils you receive.). However, the sacred Law of Shari` ah draws a distinction between the terms ghanimah and fai'. From this point of view, all properties acquired from the unbelievers should be called fai'. However, when people rebel against Allah, indulging in disbelief and shirk, their lives and properties are confiscated through properly constituted Authority and their ownership return to the Real Owner, Allah. The ownership of things can be ascribed to human beings when Allah Himself declares them, through His Law, to be under the ownership of a human being. The real ownership of the entire universe belongs to Allah. Thus the time of the afternoon when the shade of things returns to the east is referred to as fai'. The word afa'a is derived from fai'un which means 'to return'. ![]() The Concept of Fai' and its Law of Distribution
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