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. At last, a consensus was reached that both the shares be spent on the requirements of Jihad. 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. the share of the Prophet, peace be upon him, and the share of his relatives). 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. 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. those for the orphans and the indigent and the wayfarers) were kept as of those entitled to fai. 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. However, they were treated as superior to others in so far as they had no share in the zakat. 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. 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. the Bani Hashim and the Bani al-Muttalib. The second share is of the kinsfolk, and this implies the kinsfolk of the Prophet (peace be upon him), i.e. that this share now is reserved for the religious and collective welfare of the Muslims, and not for any particular person. But the view of the majority of the Shafei jurists in this matter is the same as of the other jurists, viz. 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. 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). (Bukhari, Muslim, Musnad Ahmad, Daud, Tirmadhi, Nasai and others). 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.
The first share in these is of Allah and His Messenger. Now in this verse it is being stated as to who are entitled to have a share in these properties.
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. And fear Allah: verily Allah is Most Stern in retribution.
So accept whatever the Messenger gives you, and refrain from whatever he forbids you. (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 so that it may not merely circulate between the rich among you.
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