the Muslims except for Khaybar, for the Messenger of Allah (peace and blessings of Allah be upon him) divided half of it, so that became the property of its people, and there is no kharaj upon it. As for the rest of what was conquered by force, which was opened by 'Umar ibn al-Khattab (may Allah be pleased with him) and those after him—such as the lands of al-Sham, Iraq, Egypt, and others—nothing of it was divided. Abu 'Ubayd narrated in "al-Amwal" that 'Umar (may Allah be pleased with him) arrived at al-Jabiyah and intended to divide the land among the Muslims, but Mu'adh said to him: "By Allah, that would result in something you dislike. If you divide it today, the great revenue will end up in the hands of the people, then they will perish, and it will devolve to the single man and the woman. Then a people will come after them who will fill a gap in Islam, yet they will find nothing. So look for a matter that will suffice both their first and their last." So 'Umar yielded to the opinion of Mu'adh. He also narrated, saying: Al-Majishun said: Bilal said to 'Umar ibn al-Khattab (may Allah be pleased with him) regarding the villages they had conquered by force: "Divide them among us and take their fifth." 'Umar said: "No, this is the body of the wealth, but I shall hold it as a fai' (spoils) that runs for them and for the Muslims." Bilal and his companions said to 'Umar: "Divide them among us." 'Umar said: "O Allah, suffice me against Bilal and his peers." He said: Before the year passed, not one of them was left alive. He also narrated with his chain of transmission from Sufyan ibn Wahb al-Khawlani, who said: When 'Amr ibn al-As conquered Egypt, al-Zubayr stood up and said: "O 'Amr ibn al-As, divide it." 'Amr said: "I will not divide it." Al-Zubayr said: "You shall indeed divide it as the Messenger of Allah (peace and blessings of Allah be upon him) divided Khaybar." 'Amr said: "I will not divide it until I write to the Commander of the Faithful."

He wrote to 'Umar, and 'Umar wrote back to him: "Leave it until the offspring of the offspring can be provided for from it." The Qadi said: It was not reported from the Prophet (peace and blessings of Allah be upon him), nor from any of the Companions, that he divided any land conquered by force except for Khaybar.

Section: Ahmad said: Who manages the land of treaty (sulh) and the land of force (anwah), and from where is it, and to where does it go? He said: The land of al-Sham is [land of] force, except for Hims and another place. He said: What is below the river is [land of] treaty, and what is beyond it is [land of] force. He said: The Muslims conquered al-Sawad by force, except for what was by treaty, which is the land of al-Hirah and the land of Baniqiya. He said: Regarding the land of al-Rayy, they were confused in its matter. As for what was conquered by force, it is from Nahawand to Tabaristan, and it is kharaj land. Abu 'Ubayd said: The land of al-Sham is [land of] force, except for its cities, for they were conquered by treaty, except for Caesarea, which was conquered by force; and the land of al-Sawad, al-Jabal, Nahawand, al-Ahwaz, Egypt, and the Maghrib. Musa ibn 'Ali ibn Rabah said on the authority of his father: The entire Maghrib is [land of] force. As for the land of treaty, it is the land of Hajar, Bahrain, Ayla, and Dumah al-Jandal,