Fay' (property restored without battle)

In al-Baladhuri, fay' is what God granted the Muslims of the property of the People of the Book without fighting. The reference verse for the property of the Banu al-Nadir is Surat al-Hashr 7. ¹

After the conquest of Khaybar by force, the people of Fadak made peace with the Prophet on half of their land. Half of Fadak was therefore his alone, because the Muslims did not advance against it with horse or camel. ¹

It is reported from Umar that he said the Prophet had three safaya (choice portions). The land of the Banu al-Nadir was held in reserve for his contingencies; Khaybar was divided into three parts; and Fadak was for the wayfarers. ¹

What was taken by advancing with horse and camel was divided among the fighters. What was granted as fay' without fighting belonged to the Prophet, who placed it where God had placed it. The distinction goes back to conquest by force and conquest by treaty. ¹

The data note that the same report appears in al-Bukhari, in the words of Umar in the story of al-Abbas and Ali. ²