THE LAND OF FADAK

Fadak is on the outskirts of Khaibar. It is a fertile and lush green settlement where Fadak ibne Haam was the first to pitch his tents. The place was therefore named after him. Like Khaibar, here too the Jews lived. They organized the irrigation facility and made the barren land bloom! Yaqoot Hamawi writes:

“This land had

bubbling ponds

and many oases.

–Maujim al Baladan, Vol 14, Page 338

After the conquest of Khaibar, 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 (s.a.) that they had no intention of fighting and they were willing to accept the same conditions as were imposed on the people of Khaibar. The Prophet (s.a.) accepted their offer and sent Hazrat Ali (a.s.) to finalize the agreement with their chief, Yusha bin Naun. After the discussions it was agreed that the people of Fadak will forego the proprietary rights over the land, till it and share the crop equally with the Prophet (s.a.). By virtue of the agreement the Land of Fadak became the property of the Prophet (s.a.) because the land that was acquired without any fight or conflict, in terms of the Islamic Law, vested with the Prophet (s.a.). Therefore the Holy Quran says:

“Whatever (land) Allah gave to the Prophet (s.a.) from them,
you had not run your camels and horses on that.
Allah gives His Prophets (a.s.)
ascendance over whomsoever He wants.
And Allah has control over everything.”

The territories that are annexed through warfare are termed as Ghanimat or Booty. The land and property that is acquired without any war or conflict is called Fay or Anfaal. The land of Fadak too came in the category of Anfaal because it was acquired without any physical conflict. Therefore it was the personal property of the Prophet (s.a.) on which the other Muslims had no right. Allama Tabari writes:

“Fadak was the exclusive property of the Prophet (s.a.) because the Muslims, neither ran their camels over it nor the horses!” Ref: Tareeq e Tabari, Vol 2, Page 302

Bala Dari writes: “Fadak was an exclusive property of the Prophet (s.a.) because the Muslims neither ran their camels nor the horses over it,” Ref: Fatooh al Baladan, Page 27

Yaqoot Hamawi writes: “This village Allah gave to the Prophet (s.a.) in the Seventh Centuryas a consequence of the truce. –Maujam al Baladan, Vol 14, Page 238

After the clear Commandment of the Quran and the recorded history of the event by the reputed chronichlers, the fact is established that Fadak was the exclusive property of the Prophet (s.a.). Therefore, in exercise of this right, he had transferred this property to Hazrat Fatima Zehra (a.s.) during his lifetime through a written deed. Allama Jalal ud Din Siyuti writes about

it:

“Ibne Mardawia has quoted from Ibne Abbas that when the Verse,’ O Prophet! Give the right of your kin to them’ was revealed, he transferred the Fadak to Fatima (a.s.). ” Ref: Tafseer Durr e Manthur, Vol 4, Page 177. Qazi Sanaullah Panipati writes: “Tabarani and others have quoted from Abu Saeed Khudri that when the Verse, ‘O Prophet! Transfer the rights of your kin to them’ was revealed, the Prophet (s.a.) called Fatima Zehra (a.s.) and gave Fadak to her.” Ref: Tafseer e Mazhari, Vol 5, Page 432

Thereafer, till the Prophet (s.a.) lived, the land of Fadak was in the possession of Hazrat Fatima Zehra (a.s.). Therefore Hazrat Ameer al Momineen (a.s.), mentions about it in his letter:

“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!”

Ref: Nahj al Balagha

But after the demise of the Prophet (s.a.), for certain ‘reasons of State’ the Land of Fadak was taken away from Hazrat Fatima (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 prefferd, was also sitting in judgement!

This travesty of justice and fairplay resulted in Hazrat Fatima (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, Hazrat Mohammed (s.a.)! She was so upset with this injustice that she boycotted the person responsible for the act and didn’t talk to him till her death!