Fadak

In the 7th century, the Khaybar oasis was inhabited by Jewish tribes, who made their living growing date palm trees. The oasis was divided into three regions: al-Natat, al-Shiqq, and al-Katiba, probably separated by natural diversions, such as the desert, lava drifts, and swamps. Each of these regions contained several fortresses or redoubts containing homes, storehouses and stables. Each fortress was occupied by a clan and surrounded by cultivated fields and palm-groves. In order to improve their defensive capabilities, the fortresses were raised up on hills or basalt rocks.[5]

After the success of Muslims in the Battle of Khaybar in 628 CE, the Jews of Fadak pleaded for a peace treaty in exchange for giving away half of their properties to Muslims.[6] Unlike Khaybar, Fadak was acquired peacefully and was considered fay, i.e., personal property of Muhammad, in line with the teaching of the Quran.[2][7] There is strong evidence that Muhammad gifted his share of Fadak to his daughter, Fatimah.[8] Nevertheless, Fadak remained under the custody of Muhammad or Fatimah and its revenue largely supported Muhammad's clan, Banu Hashim, who were forbidden from receiving general alms.[9]

Shortly after assuming power, following Muhammad's death, Abu Bakr seized Fadak from Fatimah.[3] Abu Bakr did so on the basis of the claim that Muhammad had personally told him that prophets do not leave inheritance and what they leave behind is public property that should be administered by the caliph.[10] Muhammad had thus allegedly disinherited his family and forced them to rely on general alms which he had forbidden for them in his lifetime.[11] Abu Bakr was initially the sole witness to this statement, which is referred to as the hadith of Muhammad's inheritance.[12]

Muhammad's widows confirmed Abu Bakr's claim, hoping that they would fare better than Fatimah.[13] According to Hazelton, "Even as Abu Bakr turned down Fatimah, he made a point of providing generously for Muhammad's widows---and particularly for his own daughter, Aisha, who received valuable property in Medina as well as on the other side of the Arabian Peninsula, in Bahrain."[14]

Responding to the objection that Fadak was, in fact, a gift from Muhammad, Abu Bakr reportedly asked Fatimah to present her witnesses.[15] As her witnesses, Fatimah offered her husband, Ali, and Umm Aiman, a maid at Muhammad's house.[16] Their testimony was rejected by Abu Bakr who required Fatimah to produce an additional witness.[17] It has been suggested that Fatimah expected her kinship with Muhammad to strengthen her case:[18] Fatimah and Ali are both members of Muhammad's household, known as Ahl al-Bayt, who are addressed by the sahih Hadith of Kisa and the related Verse of Purification in the Quran, "Indeed God desires to repel all impurity from you, O Ahl al-Bayt, and purify you with a thorough purification."[19][20]

Fatimah, who considered Abu Bakr's claim to be fabricated, also delivered a speech at the Prophet's Mosque, which has become known as the Sermon of Fadak.[21] In her speech, Fatimah chastised Abu Bakr for denying her right of inheritance and quoted from the Quran that Solomon had inherited from his father, David, and that Zechariah had prayed for a son who would inherit from him and from the House of Jacob.[22][23][24] In her sermon, Fatimah emphasized the right of every Muslim to inherit from his or her parents.[25][26][27]

Abu Bakr's actions are often regarded as a political move to deprive Muhammad's clan, the Banu Hashim, of their financial resources and to strip Ali and Fatimah from their privileged status as Muhammad's kins.[28] According to R. Aslan, during his short caliphate, "Abu Bakr seemed to do everything in his power to prevent Ali from ever attaining a position of authority in the Ummah [i.e., the Muslim community]."[29] This is partly explained by Abu Bakr's conviction that the caliphate must reside outside of Muhammad's clan and partly by the personal enmity between Abu Bakr and Ali.[30] At the same time, by maintaining their status, Abu Bakr seemed to signal to the Muslim community that his daughter, Aisha, and the rest of Muhammad's widows were the true heirs of Muhammad.[31]

Abu Bakr's inheritance policy was altered by the second caliph, Umar, who turned over Muhammad's small estate in Medina to Ali and Muhammad's uncle, Abbas.[32] Nevertheless, Fadak remained under the control of Umar and, later, the third caliph, Uthman.[33] Notably, Uthman no longer treated Fadak as public property but rather awarded it to Marwan and his brother, two of his cousins.[34] The reign of Uthman was marked with widespread nepotism.[35]

Ali, the fourth caliph and the first Shia Imam, did not return Fadak to Banu Hashim.[36] However, reflecting on Abu Bakr's decision, Ali is recorded to have said during his caliphate that, "Of course, all that we had in our possession under this sky was Fadak, but a group of people felt greedy for it and the other party [Ali] withheld themselves from it. God is, after all, the best arbiter."[37]

The first Umayyad Caliph, Muawiya, gave Fadak to Marwan as a fief and thereafter the estate changed hands numerous times during the Umayyad era.[38] A notable exception is Umar II, who returned Fadak to the descendants of Fatimah during his caliphate.[39] At the beginning of the Abbasid Caliphate, as-Saffah returned Fadak to Fatimah's descendants, later to be undone by al-Mansur.[40] Abbasid Caliph Al-Mahdi again returned Fadak but his son later confiscated the property.[40] Al-Mamun yet again returned Fadak and it was taken back by al-Mutawakkil, who awarded Fadak to the descendants of Umar.[40]

Notably, al-Mamun issued a decree that recognized Fatimah's right to Fadak on the grounds that, as Muhammad's daughter, Fatimah would have been aware of Muhammad's intentions for Fadak.[41] In doing so, al-Mamun implicitly passed a negative judgement on Abu Bakr.[41]