Fadak

In the 7th century, the Khaybar oasis was inhabited by Arab Jews, who made their living growing date palm trees. Some objects found by the Muslims in a redoubt at Khaybar – a siege-engine, 20 bales of Yemenite cloth, and 500 cloaks – point out to an intense trade carried out by the Jews.[2]

The oasis was divided into three regions: al-Natat, al-Shiqq الشِّق, and al-Katiba الكتيبة, probably separated by natural diversions, such as the desert, lava drifts, and swamps. Each of these regions contained several fortresses or redoubts containing homes, storehouses and stables. Each fortress was occupied by a clan and surrounded by cultivated fields and palm-groves. In order to improve their defensive capabilities, the fortresses were raised up on hills or basalt rocks.[2]

Muhammad quietly led the march on Khaybar oasis on 7 May AH/ 629 CE with approximately 1500 men and 100–200 horses. Primary sources including the Sirah Rasul Allah (Biography of the Prophet) of Ibn Ishaq describe the conquest of Khaybar, detailing the agreement of Muhammad with the Jews to remain in Fadak and cultivate their land, retaining one-half of the produce of the oasis.[3] This agreement was distinct from the agreement with the Jews of Khaybar, which essentially entailed the practice of sharecropping. Muhammad retained the revenues of the Fadak region for the poor as ṣadaqa, travelers in need, and for his family. It is not entirely clear how Muhammad managed his possession of Fadak. Ibn Taimiyya wrote in his Minhaj al-Sunnah that Muhammad appointed Amr ibn al-As as the governor of the Khaybar oasis[4] Following the death of Muhammad, scholars disagreed as to whether Fadak was exclusively his property. Some Muslim commentators agree that following the conquest of Fadak, the property belonged exclusively to Muhammad, while several others reject this view.[5] Various primary sources describe the acquisition of Fadak in the following way:

Half the Land of Fadak, which was given by Jews after the peace treaty, was purely the property of Rasool Allah (s). Similarly, 1/3rd of the Valley of Qari and 2 castles of Khaybar were the exclusive property of Muhammad (s) and no one else had a share of it.[6]

The Apostle of Allah received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept for his emergent needs, Fadak for travellers, and Khaybar was divided by the Apostle of Allah into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.[7]

Another primary account describes eleven fruit trees in Fadak, planted by Muhammad himself.[8] Other scholars who accept the view of Fadak as belonging exclusively to Muhammad after the conquest of Khaybar include:

• Ali bn Ahmad al-Samhudi[9]
• Ibn Hisham[10]
• Abu al-Fida[11]

Upon the death of Muhammad, his daughter Fatimah declared her claim to inherit Fadak as the estate of her father. The claim was rejected by the ruling caliph, Abu Bakr, on the grounds that Fadak was public property and arguing that Muhammad had no heirs. Sources report that Ali together with Umm Ayman (Barakah) testified to the fact that Muhammad granted it to Fatimah Zahra, when Abu Bakr requested Fatima to summon witnesses for her claim.[12] Various primary sources contend that Fadak was gifted by Muhammad to Fatima, drawing on the Qur'an as evidence.[13] These include narrations of Ibn 'Abbas who argued that when the Qur'anic verse on giving rights to kindred was revealed, Muhammad called to his daughter and gifted the land of Fadak to her.[14][15][16]

Various scholars commenting on the Qur'an, Chapter Al-Hashr, verse 7, write that the Angel Gabriel came to Muhammad and commanded him to give the appropriate rights to the "Dhul Qurba" (near kin). When asked by Muhammad, who the "Dhul Qurba" referred to, Gabriel replied "Fatima" and that by "rights" was meant "Fadak", upon which Muhammad called Fatima and presented Fadak to her.[17]

Besides the above Quranic verses, there some authenticated references for this issue. For example, Ali Ibn Burhanu'd-din Halabi Shafi'i writes in his Siratu'l-Halabiyya, p. 39 that at first Fatimah complained to Abu Bakr about the fact that she was given the fadak as a gift by the prophet of Islam, as the witnesses were unavailable she was forced to allege her right based on the inheritance law. Also it is mentioned in Mu'jam Al-Buldan of Yaqut al-Hamawi, Tafsir al-Kabir of Imam Fakhru'd-din Razi, Sawa'iq al-Muhriqa of Ibn Hajar p. 21, Sharh al-Nahju'l-Balagha of Ibn Abi'l-Hadid Mu'tazali Vol 4, p. 80 that Fatima firstly claimed she was given the fadak as a gift but they rejected her witnesses and she suffered and angrily said that she would not talk to Abu Bakr and Umar again.[18]

Lesley Hazleton describes the dispute between Fatimah and Abu Bakr as follows: "[Fatimah] sent a message to Abu Bakr asking for her share of her father's estate -date palm orchards in the huge oases of Khaybar and Fadak to the north of Medina. His response left her dumbfounded. Muhammad's estate belonged to the community, not to any individual, Abu Bakr replied. It was part of the Muslim charitable trust to be administered by him as Caliph. [...] There was no denying the populist appeal of the message Abu Bakr sent by denying Fatima's claim: the House of Muhammad was the House of Islam, and all were equal within it."[19]

When Umar became Caliph, the value of the land of Fadak along with its dates was 50,000 dirhams.[8] Ali again claimed Fatima's inheritance during Umar's era, but was denied with the same argument as in the time of Abu Bakr. Umar however, restored the estates in Medina to 'Abbas ibn 'Abd al-Muttalib and Ali, as representatives of Muhammad's clan, the Banu Hashim. During Uthman's caliphate, Marwan ibn al-Hakâm, who was his cousin, was made trustee of the Fadak.[20]

According to Sunnis, Fadak was a piece of land, near Khaiber, where Jews lived. Fadak was conquered by Muhammad. The Qur'an says: "And that which Allah gave as spoil unto His messenger from them, ye urged not any horse or riding-camel for the sake thereof, but Allah giveth His messenger lordship over whom He will. Allah is Able to do all things. That which Allah giveth as spoil unto His messenger from the people of the townships, it is for Allah and His messenger and for the near of kin and the orphans and the needy and the wayfarer, that it become not a commodity between the rich among you. And whatsoever the messenger giveth you, take it. And whatsoever he forbiddeth, abstain (from it). And keep your duty to Allah. Lo! Allah is stern in reprisal. -(59: 6-7). Thus according to the Qur’an, Fai means such of properties of the unbelievers as are returned to the Muslims without war. It is not to be distributed like booty among the soldiers, but the whole of it is for Allah and His apostle. From the Sunnah and Practice of the Prophet of Islam it is evident that Muhammad himself used to manage Fai as the head of the Islamic republic.[21]

According to Sunnis, Muhammad didn't gift Fadak to his daughter. All the narrations regarding this are weak. As far as the claim of Shias is concerned, that when the verse of the Quran, "And give the relative his right",[22] was revealed, the Prophet gave Fadak to his daughter as it was her right. But, there are several famous Sunni scholars who specify that the revelation of 17:26[23] is about Fadak transmission from the Prophet to Fatima, such as: Razi,[24] Suyuti,[25] Khwarizmi,[25] Ali ibn Abd-al-Malik al-Hindi[26] and so on. Nevertheless, it is reported that Umme Hani said that Fatimah said that Abu Bakr told her that the Prophet said "We Prophets do not have inheritors, instead what we leave is Charity for the Ummah".[27]

Mu'awiyah, the first Umayyad Caliph did not return Fadak to Fatimah's descendants. This way was continued by later Umayyad Caliphs until Umar ibn Abd al-Aziz seized power. When Umar ibn Abd al-Aziz, known as Umar II, became Caliph in 717 CE, the income from the property of Fadak was 40,000 dinars.[28] Fadak was returned to Fatima's descendants by an edict given by Umar II,[29] but this decision was renounced by later caliphs.Umar II's successor, Yazid ibn Abd al-Malik (known as Yazid II) overturned his decision, and Fadak was again made public trust. Fadak was then managed this way until the Ummayad Caliphate expired.

In year 747 CE, a huge revolt against the Umayyad Caliphate occurred. The Umayyad's were eventually defeated by the Abbasid army under the rule of Abu Abbas Abdullah al-Saffah (see Battle of the Zab) in year 750. The last Umayyad Caliph, Marwan II, was killed in a lesser battle a few months after the Battle of the Zab, thus ending the Umayyad Caliphate. Historical accounts differs on what happened to Fadak under the early Abbasid caliphs. There is however consensus among Islamic scholars that Fadak was granted to the descendants of Fatimah during Al-Ma'mun's reign as Caliph (831-833 CE). Al-Ma’mun even decreed this to be recorded in his (dīwāns). Al-Ma’mun's successor, Al-Mutawakkil (847-861) recaptured Fadak from the progeny of Fatimah, decreeing it to be used for the purposes initially outlined by Abu Bakr. Al-Muntasir (861-862), however, apparently maintained the decision of Al-Ma'mun, thus allowing Fatimah's progeny to manage Fadak.[30] What happened hereafter is uncertain, but Fadak was probably seized by the Caliph again and managed exclusively by the ruler of the time as his private property.