۞ وَٱعْلَمُوٓا۟ أَنَّمَا غَنِمْتُم مِّن شَىْءٍۢ فَأَنَّ لِلَّهِ خُمُسَهُۥ وَلِلرَّسُولِ وَلِذِى ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينِ وَٱبْنِ ٱلسَّبِيلِ إِن كُنتُمْ ءَامَنتُم بِٱللَّهِ وَمَآ أَنزَلْنَا عَلَىٰ عَبْدِنَا يَوْمَ ٱلْفُرْقَانِ يَوْمَ ٱلْتَقَى ٱلْجَمْعَانِ ۗ وَٱللَّهُ عَلَىٰ كُلِّ شَىْءٍۢ قَدِيرٌ
And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveler, if you have believed in Allah and in that which We sent down to Our Servant on the day of criterion - the day when the two armies met. And Allah, over all things, is competent.
Commentary
Mentioned in this verse are injunctions of spoils and the law of their distribution. Before we take up the subject in detail, let us under-stand some important words first.
Lexically, the word: غَنِیمۃ (ghanimah) is applied to property which is acquired from the enemy. In the terminology of the Shari` ah, property which is acquired from non-Muslims through fighting and killing, triumph and control, is called: غَنِیمۃ (ghanimah, translated here as spoils). And the property which is acquired in peace and with consent, like: جِزیَہ Jizyah, خِرَاج Khiraj etc., is called: فَییء (fai' ). These two words have been used to describe injunctions of these two kinds in the Holy Qur'an. The present Surah al-Anfal takes up injunctions relating to ghanimah or spoils which is acquired from non-Muslims at the time of fighting and killing.
At this point, we should first keep in mind that, according to the Islamic and Qur'anic view of things, the real ownership of the entire universe belongs to Allah Ta` ala, the One and only Being who has created whatever there is in it. The only way through which the ownership of something can be attributed to human beings is no other but that Allah Ta` ala may have Himself declared it, through His Law, to be under the ownership of someone. For instance, while mentioning quadruped animals in Surah YaSin (36:71 ), it was said: أَوَلَمْ يَرَوْا أَنَّا خَلَقْنَا لَهُم مِّمَّا عَمِلَتْ أَيْدِينَا أَنْعَامًا فَهُمْ لَهَا مَالِكُونَ ﴿71﴾ (Do they see not that We created the quadrupeds with Our Own hands then they became their owners?) As obvious, the sense is that this ownership of theirs is not private and personal - it was Allah who made them the owners out of His grace.
When some set of people rebels against Allah Ta` ala, that is, indulges in Kufr and Shirk, then, the first action Allah Ta'ala takes to reform them is that He sends His Messengers and Books to them. When the unfortunate ones among them are not impressed even by this act of Divine grace, Allah Ta'-al-a commands His Messengers to wage Jihad against them and kill them. The outcome of this was that the lives and properties of these rebels became مُبَاح Mubah (allowed). They no longer had the right to benefit from the assets of life and property given to them by Allah Ta` ala, instead, in a manner of saying, all that belonged to them was confiscated in the name of the Authority in command. These very confiscated properties are given the name of ghanimah, spoils or war booty - which went out of the ownership of disbelievers and deposited itself separately as being under the ownership of Allah Ta` ala alone.
According to the ancient Divine Law which governed such confiscated properties, no one was allowed to benefit from them. Such properties were, rather, gathered and placed on some open spot where lightening would come from the heavens and burn these up. This was the sign that their effort by way of Jihad was accepted.
One of the few unique distinctions bestowed upon the Last of the Prophets ﷺ by Allah Ta’ ala was that غَنِیمۃ ghanimah properties (spoils) were made lawful (Halal) for the Muslim community (as in a Hadith of Muslim). And such was the …