Allamah Abu Mansoor Tabarsi in his book Al Ehtijaj and Ali bin Ibrahim relate from Imam Ja'far as Sadiq (a.s.), that when the allegiance to Abu Bakr concluded and his Caliphate was established upon the Emigrants and Ansar, he sent his messenger to Fadak[164] and told him to expel the deputy of Fatemah (s.a.) from there.
[164] Fadak was a green fertile place near Madinah. It belonged to the Jews and in the seventh Hijrah it passed from them to the Prophet (s.a.w.s.) under the terms of a settlement for peace. The reason for this settlement was that when after the fall of Khaibar, the Jews realised the real power of the Muslims, their martial aspirations were lowered, and noting that the Prophet (s.a.w.s.) had sparedsome Jews on their seeking protection, they also sent a message of peace to him (s.a.w.s.) and expressed the wish that Fadak might betaken from them and their area should not be madebattle-field. Consequently the Prophet (s.a.w.s.) acceptedtheir request and allowed them amnesty, and this land became his individual property wherein no one else had any interest, nor could there be any such interest; because the Muslims have share only inthose properties which they might have acquired as booty after Jihad, while the property acquired without Jihad is called Fai and the Prophet (s.a.w.s.) alone is entitled to it. No other person has a share in it. Thus Allah (s.w.t.) says, "And whatever has Allah bestowed on his Apostle from them, you pressed not against it any horse or a camel, but Allah grants authority unto His Apostles against whomsoever He wills, and Allah over all things is All Powerful. Whatever has Allah bestowed on His Apostle from the people of the towns, belongs unto Allah, and for the Apostle, and for his (Prophet's) kindred, and the orphans… … … ." (Surah al Hashr : 6-7). No one has ever disputed the fact that Fadak was secured without battle, it was therefore the Prophet's personal property to which no one else had any title. The historian Tabari writes, "Fadak was personal to the Prophet (s.a.w.s.) as Muslims did not use their horses or camels (battled) for it." (Tabari, “Tareekh al Umam wal Muluk”, Vol. 3, Pg 303). Imam Balazuri writes, "Fadak was the personal property of the Prophet (s.a.w.s.) as the Muslims had not used their horses or camels (battled) for it." (Futuh ul Buldan, Pg 37). It is also proved in the agreed way that the Prophet had in his lifetime given this land to Sayyedah Fatemah (s.a.) as a gift.