# The Origins of the Islamic State/Part 1/Chapter 5

CHAPTER V
Fadak
The capitulation of Fadak. As the Prophet departed from Khaibar, he sent to the people of Fadak Muḥaiyiṣah ibn-Masʿûd al-Anṣâri inviting them to Islam. Their chief was one of their number named Yûshaʾ ibn-Nûn the Jew. They made terms with the Prophet, agreeing to give up one-half of the land with its soil. The Prophet accepted. Thus one-half was assigned wholly to the Prophet because the Moslems "pressed not against it with horse or camel." The Prophet used to spend the income on the wayfarers.
ʿUmar expels the inhabitants. The inhabitants of Fadak remained in it until ʿUmar ibn-al-Khaṭṭâb became caliph and expelled the Jews of al-Ḥijâz. On that occasion he sent abu-l-Haitham Mâlik ibn-at-Taiyihân (some say an-Naiyihân), Sahl ibn-abi-Ḥaithamah al-Anṣâri, and Zaid ibn-Thâbit al-Anṣâri, who estimated justly the value of one-half of its soil. This value ʿUmar paid to the Jews and expelled them to Syria.
Saʿîd ibn-Sulaimân from Yaḥya ibn-Saʿîd:—The people of Fadak made terms with the Prophet agreeing to give one-half of the land and the palm-trees. When ʿUmar expelled them, he sent some one to estimate their share in land and palm-trees and he gave them their value.
​Bakr ibn-al-Haitham from az-Zuhri:—ʿUmar ibn-al-Khaṭṭâb gave the people of Fadak the price of one-half of their land and palm-trees.
Al-Ḥusain ibn-al-Aswad from az-Zuhri, ʿAbdallah ibn-abi-Bakr and certain sons of Muḥammad ibn-Maslamah:—Only a remnant of the Khaibar was spared. They betook themselves to the fortifications and asked the Prophet to save their lives and let them go off. The people of Fadak having heard of that surrendered on the same conditions. Thus Fadak became the special share of the Prophet, for the Moslems "pressed not against it with horse and camel."
A similar tradition was transmitted to us by al-Ḥusain from ʿAbdallâh ibn-abi-Bakr, with one addition, that among those who were intermediary between the two parties was Muḥaiyiṣah ibn-Masʿûd.
Al-Ḥusain from ʿUmar:—The Prophet had three portions appropriated to himself exclusive of his men: the land of banu-an-Naḍîr which was unalienable and to meet the expenses of the accidents that might befall him, Khaibar which he divided into three parts, and Fadak the income of which was reserved for wayfarers.
The wives of the Prophet demand an inheritance. ʿAbdallâh ibn-Ṣâliḥ al-ʿIjli from ʿUrwah ibn-az-Zubair:—The wives of the Prophet delegated ʿUthmân ibn-ʿAffân to ask abu-Bakr to give them their inheritance from the share of the Prophet in Khaibar and Fadak. But ʿÂʾishah said to them, "Do ye not fear Allah? and have ye not heard the Prophet say—'What we leave as ṣadaḳah cannot be inherited?' This property therefore is the property of the people of Muḥammad to meet the expenses of the accidents and guests, and when I die it goes to the one in authority after me." On hearing this, the other wives desisted from their request.
​A similar tradition was communicated to us by Aḥmad ibn-Ibrâhim ad-Dauraḳi on the authority of ʿUrwah.
The banu-Umaiyah confiscate Fadak. Ibrâhim ibn-Muḥammad ibn-ʿArʿarah from al-Kalbi:—The banu-Umaiyah confiscated Fadak and violated the law of the Prophet in regard to it. But when ʿUmar ibn-ʿAbd-al-ʿAzîz became caliph, he reinstated the land in its old condition.
Fâṭimah demands Fadak. ʿAbdallâh ibn-Maimûn al-Mukattib from Mâlik ibn-Jaʿwanah's father:—Fâṭimah said to abu-Bakr, "The Prophet assigned to me Fadak; thou shouldst therefore give it to me." ʿAli ibn-Abi-Ṭâlib acted as a witness in her favor. But abu-Bakr asked for another witness; and umm-Aiman testified in her favor. Abu-Bakr, thereupon, said "Thou, daughter of Allah's Prophet, knowest that no evidence can be accepted unless it is rendered by two men or a man and two women." Upon this she departed.
Rauḥ al-Karâbîsi from one supposed by Rauḥ to have been Jaʿfar ibn-Muḥammad:—Fâṭimah said to abu-Bakr, "Give me Fadak, the Prophet has assigned it to me." Abu-Bakr called for evidence and she presented umm-Aiman and Rabâḥ, the Prophet's freedman, both of whom testified in her favor. But abu-Bakr said, " In such a case no evidence could be accepted unless it be rendered by a man and two women."
Ibn-ʿÂʾishah at-Taimi from umm-Hâni:—Fâṭimah, the Prophet's daughter, called on abu-Bakr and asked: " Who will inherit thee when thou art dead?" to which he replied, "My son and family." "Why then," asked she, "hast thou—and not we—inherited the Prophet's possessions?" "Daughter of Allah's Prophet," answered abu-Bakr, "by Allah, I have inherited from thy father neither gold nor ​silver, neither this nor that." " But," said she, "thou hast inherited our share in Khaibar and our ṣadaḳah in Fadak." To this abu-Bakr replied, "Daughter of Allah's Prophet, I heard Allah's Prophet say, 'This is but something assigned by Allah as a means of subsistence to use during my life; on my death it should be turned over to the Moslems.'"
ʿUthmân ibn-abi-Shaibah from Mughîrah:—ʿUmar ibn-ʿAbd-al-ʿAzîz once summoned the banu-Umaiyah and addressed them saying: "Fadak belonged to the Prophet and by the income from it he met his own expenses, supplied the needy among the banu-Hâshim and helped the unmarried among them to marry. Fâṭimah asked him to bestow it on her, but he refused. After the Prophet's death, abu-Bakr used it in the same way. And so did ʿUmar when he became caliph. And now I am going to put it back to its original use; and ye will be my witnesses."
Ḳura ʿArabîyah. The following tradition was transmitted to us by Suraij ibn-Yûnus from az-Zuhri in explanation of the text, "Against which ye pressed not with horse or camel":—The places referred to are Ḳura ʿArabîyah that belong to the Prophet, i. e., Fadak, and this and that.
ʿUmar expels the Jews of Fadak. Abu-ʿUbaid from az-Zuhri or someone else:—ʿUmar expelled the Jews of Khaibar and they evacuated the place. As for the Jews of Fadak, they retained half the fruits [produced] and half the soil, in accordance with the conditions on which they made terms with the Prophet. ʿUmar paid them the price of half the products and half the soil in gold, silver and pack-saddles, and then expelled them.
The khuṭbah of ʿUmar ibn-ʿAbd-al-ʿAzîz. ʿAmr an-Nâḳid from abu-Burḳân:—The following is taken from the ​speech of ʿUmar ibn-ʿAbd-al-ʿAzîz on his installment in the caliphate: "Fadak was among the spoils that Allah assigned the Prophet and the 'Moslems pressed not against it with horse and camel.' When Fâṭimah asked him to give her the land, he said, 'Thou hast nothing to demand from me, and I have nothing to give thee.' The Prophet used to spend the income from it on wayfarers. Then came abu-Bakr, ʿUmar, ʿUthmân and ʿAli who put it to the same use as the Prophet. But when Muʿâwiyah became caliph he gave it as fief to Marwân ibn-al-Ḥakam; and the latter bestowed it on my father and on ʿAbd-al-Malik. Thus it was handed down to al-Walîd, Sulaimân and myself. When al-Walîd became caliph, I asked him to give me his share, which he did. In like manner, I asked Sulaimân for his share and he gave it. Thus I brought it into one whole again. And nothing that I possess is dearer to me than it! Be ye therefore my witnesses, that I have restored it to what it was."
Al-Maʾmûn gives Fadak to the descendants of Fâṭimah. In the year 210, the commander of the believers al-Maʾmûn ʿAbdallâh ibn-Hârun ar-Rashîd ordered that Fadak be delivered to the children of Fâṭimah. To that effect he wrote to his ʿâmil in al-Madînah, Ḳutham ibn-Jaʿfar, saying, "Greetings!—The commander of the believers, in his position in the religion of Allah and as caliph [successor] of his Prophet and a near relative to him, has the first right to enforce the Prophet's regulations and carry out his or-ders and deliver to him, whom the Prophet granted something or gave it as ṣadaḳah, the thing granted or given as such. In Allah alone does the success as well as the strength of the commander of the believers lie, and to do what makes him win His favor is his [the commander's] chief desire.
The Prophet had given Fâṭimah, his daughter, Fadak and bestowed it as ṣadaḳah on her. That was an evident and ​well-known fact on which there was no disagreement among the relatives of the Prophet, who do not cease to lay claim on what was given to Fâṭimah as ṣadaḳah and to which she is entitled. Consequently, the commander of the believers has deemed it right to return it to the heirs of Fâṭimah and deliver it to them, seeking thereby to win the favor of Allah by establishing his right and justice, and of Allah's Prophet by carrying out his command and his wish regarding his ṣadaḳah. This the commander of the believers ordered recorded in his registers and sent in writing to his ʿâmils. And since, after the death of the Prophet, it has been customary on every mausim to have any person claim a grant, or ṣadaḳah or promise, and to have his claim accepted, then Fâṭimah's claim on what the Prophet has bestowed on her should—above that of every one else—be accepted as true.
The commander of the believers has written to al-Mubârik aṭ-Ṭabari, his freedman, ordering him to give Fadak back to the heirs of Fâṭimah, the Prophet's daughter, with all its boundaries and the rights attached to it, and including its slaves and products and other things, all to be delivered to Muḥammad ibn-Yaḥya ibn-al-Ḥusain ibn-Zaid ibn-ʿAli ibn-al-Ḥusain ibn-ʿAli ibn-abi-Ṭalib and to Muḥammad ibn-ʿAbdallâh ibn-al-Ḥasan ibn-ʿAli ibn-al-Ḥusain ibn-ʿAli ibn-abi-Ṭâlib, both of whom the commander of the believers has put in charge of the land in behalf of its owners.
Know therefore that this is the opinion of the commander of the believers and what Allah has inspired him to do as His will, and what He has enabled him to do in the way of winning His favor and His Prophet's favor. Let those under thee know it; and treat Muḥammad ibn-Yaḥya ​and Muḥammad ibn-ʿAbdallâh as thou hast treated al-Mubârik aṭ-Ṭabari; and help them in any way that makes for the fertility, interest and productivity of the land. May it be Allah's will, and peace be unto thee.
Written on Wednesday, two days after the beginning of dhu-l-Ḳaʿdah, year 210."
Al-Mutawakkil restores Fadak to its old condition. When al-Mutawakkil, however, became caliph, he ordered that the land be reinstated in the condition in which it had been before al-Maʾmûn.
* ↑ Yâḳût, vol. iii, pp. 856–857.
* ↑ Not only the produce.
* ↑ Athîr, vol. ii, p. 171; Masʿûdi, Kitâb at-Tanbîh, p. 258.
* ↑ Diyârbakri, vol. ii, pp. 57 and 64.
* ↑ Bukhâri, vol. iii, p. 131.
* ↑ Kor., 59: 6.
* ↑ Bakri, pp. 657–658; Wâḳidi, Maghâzi, p. 374.
* ↑ Meeting time of the pilgrims, see an-Nihâyah, vol. iv, p. 211, and Muṭarrizi, al-Mughrib, vol. ii, p. 250.
* ↑ Ar. ʿidat, see Bukhâri, vol. ii, p. 285; vol. iii, p. 168.