Thus, what was established on the basis of the Sunnah was: In respect of the territories conquered by fighting, the ruler of the Muslims has the authority that he may take any decision that he deems fit keeping in view the conditions of the time. This action of the Prophet (peace be upon him) made it clear that the command in respect of the conquered lands, even if they might have been taken by fighting, is not the same as of the ghanimah otherwise he would never have given the whole of Makkah intact to the people of Makkah, and would have set aside exactly one-half of the properties of Khaiber for the common benefits of the Muslims instead of deducting its one-fifth for the public treasury. (Abu Daud, Baihaqi, Abi Ubaid: Kitab al-Amwal Yahya bin Adam: Kitab al-Kharj Baladhuri: Futuh al-Buldan Ibn Human: Fath al-Qadir). As for Khaiber, according to Bushair bin Yasar, he divided it into 36 parts, of which he set aside 18 parts for collective benefits and requirements of the Muslims and distributed the remaining 18 among the army. Of these he handed over Makkah intact to its inhabitants. Two of the most conspicuous precedents of his time were the conquest of Makkah and the conquest of Khaiber. But this opinion was not correct on the ground that the Prophet (peace be upon him) had not distributed the lands and the people of any territory conquered by fighting in his time after the deduction of one-fifth, like the booty. Therefore, except for those cities and territories which surrendered without the war, all the rest of the conquered lands came under ghanimah for which the legal command is that one fifth of the lands and the people be given to the public treasury and the remaining four parts be distributed among the soldiers. They thought that those properties did not come under those upon which you have not rushed your horses and camels, but the Muslims had conquered them by rushing their horses and camels on them. When these countries were conquered some of the distinguished companions among whom were included prominent men like Zubair, Bilal, Abdur Rahman bin Auf and Salman Farsi, insisted that these should be distributed among the armies who had fought and conquered them. It is this important legal ruling of the Quran in the light of which Umar introduced the new system in respect of the lands and properties of the conquered territories of Iraq, Syria and Egypt and of the possessions of the previous governments and rulers of those countries. In the injunctions laid down up to here, it has been ruled that in the fai properties there are the rights of Allah and His Messenger and the MessengerвЂ™s relatives and the orphans and the indigent and the wayfarers and the emigrants and the Ansar and of the Muslim generations which will be born till the Day of Resurrection. Lord, You are the Most Tender, the Most Compassionate.вЂќ Дў0. (59:10) (And it also belongs to) those who came after them, and who pray: вЂњLord, forgive us and our brethren who have preceded us in faith, and do not put in our hearts any rancour towards those who believe.

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