We used to claim that it was ours, but our people refused that for us." And perhaps he meant [by his saying: 'refused that'] for us, our people, the action of Abu Bakr and 'Umar, may Allah be pleased with them, in allocating it to the cause of Allah, and whoever followed them in that. Whenever the Companions differ, the opinion of some of them that conforms to the Book and the Sunnah is more appropriate. The statement of Ibn 'Abbas is in conformity with the Book and the Sunnah, for Jubayr ibn Mut'im narrated that the Messenger of Allah, peace and blessings of Allah be upon him, did not divide anything from the fifth for the Banu 'Abd Shams nor for the Banu Nawfal, just as he used to divide for the Banu Hashim and the Banu al-Muttalib. And that Abu Bakr used to divide the fifth similar to the division of the Messenger of Allah, peace and blessings of Allah be upon him, except that he did not give to the near relatives of the Messenger of Allah, peace and blessings of Allah be upon him, as he used to give them, while 'Umar used to give them, and 'Uthman after him. This was narrated by Ahmad in his Musnad (30). It has been discussed regarding the report of Ibn 'Abbas from Abu Bakr and 'Umar that they allocated the share of the near relative to the cause of Allah; it was said: Muhammad ibn Marwan narrates it—and he is weak—from al-Kalbi—and he is also weak—and it is not considered authentic by the scholars of Hadith transmission. If they say: The Prophet, peace and blessings of Allah be upon him, is no longer alive, so how does his share remain? We say: The direction of its expenditure to the Prophet, peace and blessings of Allah be upon him, is the welfare of the Muslims, and [the necessity of] welfare remains. The Messenger of Allah, peace and blessings of Allah be upon him, said: "Nothing is lawful for me from what Allah has bestowed upon you as fay', not even this, except for the fifth, and it is returned to you." Narrated by Sa'id (31).
(24) In A: "that that". (25) Extracted by al-Bayhaqi, in: The chapter on the share of the near relative from the fifth, from the Book of the Division of Fay' and Ghanima. Al-Sunan al-Kubra 6/345. (26) In A and B: "[our people] refused that for us". (27) In the original and B: "the Book". (28) In the original and M: "Banu" (plural). (29) In the original and B: "wa-Banu" (and the Banu). (30) Its extraction was previously mentioned in 4/111. See the Musnad therein. (31) In: The chapter on what has been narrated regarding the division of war spoils. Sunan Sa'id ibn Mansur 2/276. It was also extracted by Abu Dawud, in: The chapter on ransoming the prisoner with wealth, from the Book of Jihad. Sunan Abi Dawud 2/57. And al-Nasa'i, in: The Book of the Division of Fay'. Al-Mujtaba 7/119. Imam Malik, in: The chapter on what has been narrated regarding misappropriation (ghulul), from the Book of Jihad. Al-Muwatta 2/458. And Imam Ahmad in: Al-Musnad 4/127, 128, 5/316, 319, 326.