The Holy Qur'an, in Ayah 41 of Surah Anfaal, considers one-fifth of the Ghanaa'em (livelihood-gains) as the property of Allah and the Prophet (p.b.u.h.), his relatives, the orphans, the poor and the helpless.
We do not want to divulge in a discussion of the term Ghanaa'em, whether to mean what is gained in a war (spoils of war), or the normal income of a person attained through any legitimate means. Those who believe that it is limited solely to the spoils of war are deceived by the language of the era after the revelation.
In contrast to such a view, the Qur'an and the Sunnah consider Ghanaa'em as the net profit or benefit that one obtains, that can even include heavenly blessings and the benefits of the hereafter.
In Ayah 94 of Surah Nisaa' reference is made to those who seek the perishable wealth of this world while the heavenly blessings are with God. Usage of the term Ghanaa'em in reference to heavenly blessings is by itself proof of the truthfulness of the claim that by Ghanaa'em the Qur'an means the total of what man acquires for his livelihood, whether worldly, in the Hereafter, through war or as a result of a business transaction.
Therefore, it is incumbent upon the Muslim or the Islamic Jurisprudent to use one-fifth of Ghanaa'em for the six-fold uses. These six-fold uses include the needs of the household of the Prophet (p.b.u.h.).
The fact that the word (to the Messenger) precedes the term to the kin, (Dhul Qur'ba) is proof that by "kin" the Qur'an means the relatives of the Prophet, not those related to the benefactors.
The three other groups meaning the orphans, the poor and the travelers in special situation, (ibn al-sabeel) are also somehow related to the Prophet.
Allah has forbidden payment of zakat to the Hashimites but on the other hand has allowed payment of khums to members of this family so that in addition to covering expenses associated with leadership, they are able to support those who are dependent upon this family for their sustenance.
But unfortunately, after the demise of our beloved Prophet (p.b.u.h.), the rights of his progeny to the fifth of Ghanaa'em was among the rights which were trampled upon.
Not only were their rights ignored but also their personal possessions were confiscated under the pretext that the Prophet had not granted it to his beloved daughter; and eventually all ended in the hands of Benu Umayya (Benu Sufyan and Aal-Marwan).
In this regard, wrongful justifications and erroneous jurisprudence replaced the command of revelation. The Qur'an orders the Prophet (p.b.u.h.) to pay the dues of relatives and the poor and the traveler, and the Prophet grants the land of Fadak to his daughter in accordance to this command. However, after the demise of the Holy Prophet, personal vendetta replaced the laws of the Book.
The term kin (Dhul-Our'ba) is mentioned in the Qur'an 16 times, once singularly and 15 times with prefixes like Dhi, Dhawi, and Ulu. At times, it means t'nose close to the Prophet of God. Depending on the Ayah, where the Prophet himself is being addressed, the Ayah is naturally referring to his relatives. According to interpreters of the Holy Qur'an, Fadak was granted to Fatima (A.S.) after the Ayah about Dhul Qur'ba was revealed to the Prophet.
Further deliberation about the rights of Ahlul-Bayt is avoided since such discourse is broad and beyond the means of this work.
source : http://www.maaref-foundation.com
