Abu-Jafar Herz responded with the following points. Please visit the link for his entire post, post # 92:
http://www.shiachat.com/forum/topic/235031127-the-clear-refutation-of-fadak/page-4#entry28242831. The request of Fadak from Fatima from the aspect of it being inheritance was a concession for the sake of argument with the people who denied her testimony and the testimony of those who made witness for her that she was indeed gifted, so the issue of Fadak with the people was about the property of Rasullalh (saw), so it was as if zahra said to them “ If you do not accept Fadak as a gift then consider it as an inheritance that was given to me by the prophet (saw), so they answered her that that prophets do not give inheritance”.
2. Surah Al Hashr has nothing to do with ghaneema, fai is not cut into 4/5, fai belongs solely to the messenger. This is your first error. Fadak also was the exclusive property of the messenger.
3. Ok so far so good, thank you for admitting that Fadak was the personal property of the messenger which he was ordered to use for the poor. Very well.
4. You agreed that Fadak was the exclusive property of the messenger.
5. We agree that personal property may be done with as the owner wishes.
6. If Fadak is gifted to Fatima (a.s) she may do as she wants with it.
7. Fatima (a.s) intent for the land was exactly the same as the intent as her father, this is why the land was still used for the poor.
8. So the "management" of Fadak was for Fatima (a.s) not for Abu bakr.
9. By logical necessity, the prophet (saw.) may give fadak to whoever he wishes.
10. May god forgive you, are you that blind and deluded to think that Imam Ali (a.s) plea for Fadak was because of his own personal well being or for the well being of the state?
11. Ya Jahil, Imam Ali (a.s) didn't want Fadak for his own personal amusement, he wanted Fadak out of the hands of Abu Bakr for the betterment of the state and for his leadership to be consolidated, not because he wanted to buy a bigger house and have farm land.
12. This person just admitted that Fai is the personal property of Rasulallah, now he is trying to bring another verse completely irrelevant to Fadak or anything to do with wealth or inheritance, etc. to make it seem that everyone has a share of Fadak.
13. That verse has absolutely nothing to do with Fadak, nor Fai, nor Ghaneema.
14. And you just admitted that Fadak is the personal property of the Messenger (saw.)
15. Why would the tabieen have rights over someone else's personal property?
16. Imam al nawawi says the following in his famous sharh:
وكذلك نصف أرض فدك صالح أهلها بعد فتح خيبر على نصف أرضها وكان خالصا له وكذلك ثلث أرض وادي القرى أخذه في الصلح حين صالح أهلها اليهود وكذلك حصنان من حصون خيبر…. فكانت هذه كلها ملكا لرسول الله خاصة لا حق فيها أحد غيره
“Half the Land of Fadak, which was given by the Jews following the peace treaty, was purely the property of Rasool Allah (s). Similarly, one third of the Valley of Qura which was given by the Jews after the peace treaty and two forts of Khayber…all these were the exclusive properties of the Prophet (s) and no one else had a share of it”.
Imam Ibn Habban also testified that:
فكانت فدك لرسول الله خالصة
“Fadak was an exclusive property of Allah’s Apostle”
17. Gifting Fadak to Fatima (a.s) did not hurt the poor, since she would of used Fadak for the poor.
18. Also I don't see how Al-Islam is a proof that using, they are not Scholars but just writers, I also can write on Al-Islam if I wanted to so can anyone else.
And here is my response:
1. Your evidence supporting your claim are both Meccan verses. If I am repeating the same question it is not because I do not read. It is because you have not accounted for your lie. I will remind you, for the third time, that you quoted a narration which would make it clear that Surah Al-Israa verse 26 was revealed in Madina. So far, you have only paid lip service to this claim without any proof.
2. Really, then what is the difference between the two? If four-fifths were not to stay with the Prophet [saw], why separate rules for Ghaneemah and Fay? I know you will be quick to deny this, as is the habit of those who explain Fadak from a Shia perspective, but Fay differs from Ghaneemah in two aspects:
i) Both are divided in five parts. The fifth portion for Ghaneemah is divided according to Surah Al-Anfal verse 41 while four-fifths go to the soldiers. The fifth portion of Fay is divided according to Surah Al Hashr, verses 7 through 10 while four-fifths of it remain with the Prophet [saw] or the head of the Muslim community.
ii) Ghaneemah, once given away, becomes personal property. Fay has beneficiaries not personal owners. The fact regarding Fay has been made clear using the commentary listed on Al-Islam.org.
3. Where did I say that? I said four-fifths of Fay were to remain with the Prophet [saw], and then transferred to the head of the Muslim community, and they were the guardians of this property.
4. As the guardian of the property, it was exclusively up to him when it came to its use. When appropriate, the Prophet [saw] would take a year's worth of sustenance for his family and use the rest for military preparations. Now ponder over this point. The Prophet [saw] gifted Fadak to Fatima [ra] and then he would go ask her for a year's sustenance for his wives [ra]. Does this make sense? Do you see what you are making out the Holy Prophet [saw] to be?
5. Sure but Al-Islam.org refutes you in your understanding of Fay mentioned in Surah Al-Hashr. Al-Islam.org clearly makes a distinction between personal property and assuming guardianship of Fay. They then contradict themselves by stating that Fadak was gifted to Fatima [ra] after Surah Al-Israa verse 26 was revealed. But the verse was revealed in Mecca. Then again, the fact that Al-Islam.org, after distinguishing personal property from assuming guardianship of Fay, says that Fadak was gifted to Fatima [ra] is a contradiction in of itself. To support it with a weak and inaccurate narration shows extreme desperation on their, and your, part.
6. There is no question of gift. Fatima [ra] was not the head of the Muslim community to assume the guardianship of the land of Fadak. Furthermore, Fay is not to have individual, or an elite group of, owner(s). It was under the exclusive control and management of the Prophet [saw] and he used it for certain purposes. Abu Bakr [ra] maintained the same practice. As such, the Prophet [saw] upheld the Qur'an and Abu Bakr [ra] followed the Prophet [saw] in upholding the Qur'an and thereby, he maintained the Sunnah as well.
7. Abu Bakr [ra] maintained status quo and as the leader of the Muslim community, Fay had to go to him, including Fadak. If public service was what Fatima [ra] desired, then she should have been happy with Abu Bakr [ra]. And indeed that is what we find in a narration. But putting that aside for a minute, what good is a gift if you are to distribute it among others? And if public service was what Fatima [ra] wished for, then what difference does it make if Abu Bakr [ra] distributes it or anyone else as long as the Qur'anic and Prophetic guidelines were followed? How is it an injustice to Fatima [ra] if the recipients received their share according to the Qur'an and Sunnah? Unless you believe that Fatima [ra] would have used Fadak for her personal gains, there is no reason to beat this dead horse any more.
8. Wrong on two counts! One, Fay goes to the leader of Muslims, as agreed by Al-Islam.org, and Fatima [ra] was never the head of Muslim community. Two, in your other post, you said that Fadak was gifted to Fatima [ra] while its management was for Imam Ali [ra]. Now the management was for Fatima [ra] too?
Too many switcheroos!
9. The Qur'an forbids Fay from having individual owner(s) or making a circuit among a few. By the logic of Qur'an, Fadak cannot be gifted to Fatima [ra]. How would the Tabi'een then receive from something gifted to Fatima [ra]?
10. In fact his plea was not for his own well being. I have read that letter and its context. I just wanted you to admit that his plea was for the well being of the Muslims. Now it is for you to prove that Abu Bakr [ra] did not use Fadak for the well being of Muslims. Otherwise, you have no point because if Imam Ali [ra] hoped for the well being of the community, then Abu Bakr [ra] brought no changes in the Prophetic way of managing Fadak. He maintained the practice of the Holy Prophet [saw].
11. Why? Tell us how Abu Bakr [ra] deviated from the Qur'an and Sunnah in regards to Fadak? Did he sell it and use the money for himself? You have no point unless you establish his deviance. On the contrary, numerous sahih hadiths mention that Abu Bakr [ra] maintained Fadak exactly as the Prophet [saw] did. Imam Ali [ra] and Abbas [ra] agreed to this fact too.
12. Once again, where did I admit that Fadak was the personal property of Rasulullah [saw]?
13. Wow, seriously? Let us read Surah Al-Hashr verse 7, 8, 9 and 10.
"What God has bestowed on His Apostle (and taken away) from the people of the townships,- belongs to God,- to His Apostle and to kindred and orphans, the needy and the wayfarer; In order that it may not (merely) make a circuit between the wealthy among you. So take what the Apostle assigns to you, and deny yourselves that which he withholds from you. And fear God; for God is strict in Punishment.
(Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking Grace from God and (His) Good Pleasure, and aiding God and His Apostle: such are indeed the sincere ones:-
But those who before them, had homes (in Medina) and had adopted the Faith,- show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls,- they are the ones that achieve prosperity.
And those who came after them say: "Our Lord! Forgive us, and our brethren who came before us into the Faith, and leave not, in our hearts, rancour (or sense of injury) against those who have believed. Our Lord! Thou art indeed Full of Kindness, Most Merciful."
Who are the groups mentioned as recipients of Fay in verses 8, 9 and 10? Muhajir, Ansar and Tabi'een respectively. Still want to lie and claim that it has nothing to do with Fay? And Fadak is Fay.
14. For the third time, where did I make such a claim?
15. Do you not believe in the Qur'an? Or can you not read? Or are you playing dumb because you have been so badly refuted? Told you none of you on this website even knew how Fay is to distributed. You opened this thread without quoting anything regarding Fay from Surah Al-Hashr. Starting to think you did not even know that Fay was outlined in the Qur'an, along with its distribution.
16. I have already explained the reason behind the statements, "exclusively belonged to the Prophet [saw]" and "no one else had a share in it". Because four-fifths of Fay remained in possession of the Prophet [saw], in other words, he had guardianship over them (as agreed upon by Al-Islam.org as well), it was purely and exclusively for the Prophet [saw] to distribute it however he wanted.
But let me complete the picture for you by first posting the Sharh and then a narration from Abu Dawood:
"Half the Land of Fadak, which was given by Jews after the peace treaty, was purely the property of Rasool Allah (s). Similarly, 1/3rd of the Valley of Qari and 2 castles of Khaybar were the exclusive property of the Prophet (s) and no one else had a share of it.
The Apostle of Allah received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept for his emergent needs,
Fadak for travellers, and Khaybar was divided by the Apostle of Allah into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants."
Does not say Fadak was gifted, does it?
17. Abu Bakr [ra] did with Fadak what the Prophet [saw] used to do with it. So none of the needy or poor were short-changed. In fact, as the leader of the Muslims, Fay, and therefore Fadak, had to go to him. And it did. Quit whining, will ya?
18. Though a very weak source, Wikipedia says this regarding Al-Islam.org, "Since its launch, Al-islam.org has proven to be one of the most authentic sources of Islamic information, and is notable for being the top site in Yahoo!'s list of Shia sites by popularity". In fact, they have been quoted by many universities.
But I will let you have this point. Still, the fact that three Shias (just a random number) give three different answers regarding the same matter is suspicious in of itself. Compare this with our approach. If you ask ten Sunni Muslims who know regarding Fadak, ten out of ten will quote, "Prophets [asws] do not leave inheritance". But you, "it was inheritance", "no wait, it was a gift which was usurped so she reclaimed it as inheritance", "it was gifted to Fatima [ra] when Qur'an 17:26 was revealed", "no, wait, it was gifted when Qur'an 30:38 was revealed". On and on and on!