THE LAND OF FADAK

Fadak is on the outskirts of Khaybar. It is a fertile and lush green settlement where Fadak ibn Ham was the first to pitch his tents. The place was therefore named after him. Like Khaybar, here too the Jews lived. They organized the irrigation facility and made the barren land bloom! Yaqūt al-Hamawi writes:
“This land had bubbling ponds and many oases.”[1]

After the conquest of Khaybar, the people living in the neighborhood owed allegiance to the Muslims without any conflict. The inhabitants of Fadak too surrendered the proprietary rights over the land and entered into an agreement to share the produce equally with the Muslims. Therefore, they sent word to the Prophet (a.s) that they had no intention of fighting and they were willing to accept the same conditions as were imposed on the people of Khaybar. The Prophet (a.s) accepted their offer and sent `Ali (a.s) to finalize the agreement with their chief, Yūsha` ibn Nūn. After the discussions, it was agreed that the people of Fadak would forego the proprietary rights over the land, until it and share the crop equally with the Prophet (a.s). By virtue of the agreement, the Land of Fadak became the property of the Prophet (a.s) because the land that was acquired without any fight or conflict, in terms of the Islamic Law, vested with the Prophet (a.s). Therefore, the Holy Qur’an says:
وَمَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلَكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلَى مَنْ يَشَاءُ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ .
And whatever Allah restored to His Messenger from them, you did not press forward against it any horse or a riding camel but Allah gives authority to His messengers against whom He pleases, and Allah has power over all things

The territories that are annexed through warfare are termed as ghanimah or Booty. The land and property that is acquired without any war or conflict is called fay’ or anfal. The land of Fadak too came in the category of anfal
[1] Mu`jam al-Buldān, Vol 14, Page 338

because it was acquired without any physical conflict. Therefore, it was the personal property of the Prophet (a.s) on which the other Muslims had no right. Al-Tabari writes:
“Fadak was the exclusive property of the Prophet (a.s) because the Muslims neither ran their camels over it nor the horses!”[1]

Al-Buladhari writes:
“Fadak was an exclusive property of the Prophet (a.s) because the Muslims neither ran their camels nor the horses over it.”[2]

Yaqūt al-Hamawi writes:
“This village Allah gave to the Prophet (a.s) in the seventh century as a consequence of the truce.”[3]

After the clear Commandment of the Qur’an and the recorded history of the event by the reputed chroniclers, the fact is established that Fadak was the exclusive property of the Prophet (a.s). Therefore, in exercise of this right, he had transferred this property to Fatimah al-Zahra’ (a.s) during his lifetime through a written deed. `Allamah Jalal al-Din al-Suyūti writes about it:
“Ibn Mardawayh has quoted from Ibn `Abbas that when the Verse, ‘O Prophet! Give the right of your kin to them’ was revealed, he transferred Fadak to Fatimah (a.s).”[4]

Thana’ullah, the judge, writes:
“Al-tabarani and others have quoted from Abū-Sa`id al-Khidri that when the Verse, ‘O Prophet! Transfer the rights of your kin to them’ was revealed, the Prophet (a.s) called Fatimah al-Zahra’ (a.s) and gave Fadak to her.”[5]

Thereafter, until the Prophet (a.s) lived, the land of Fadak was in the possession of Fatimah al-Zahra’ (a.s). Amir al-Mu’minin (a.s), mentions about it in his letter:
[1] Tārīkh al-Tabarī, Vol 2, Page 302
[2] Futūh al-Buldān, Page 27
[3] Mu`jam al-Buldān, Vol 14, Page 238
[4] Al-Durr al-Manthūr, Vol 4, Page 177.
[5] Tafsīr al-Ma¨harī, Vol 5, Page 432

“Under this sky we had only the land of Fadak in our possession. Even on that, the mouths of some persons were watering! The Best Judge is Allah!”[1]

But after the demise of the Prophet (a.s), for certain ‘reasons of State’ the Land of Fadak was taken away from Fatimah (a.s). She went in appeal against this, but her claim was rejected! We shall deal with this matter in detail in a subsequent chapter. The pity is that the person against whom the appeal was preferred was also sitting in judgment!

This travesty of justice and fairplay resulted in Fatimah (a.s) not being accepted as the owner of the Land of Fadak despite holding the transfer deed nor in terms of her being the rightful successor to the inheritance of her father, Muhammad (a.s)! She was so upset with this injustice that she boycotted the person responsible for the act and did not talk to him until her death!
[1] Nahj al-Balāghah

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