Fay is the property of nonmuslims won by Muslims without fighting. Direct spoils of war are called Ghanima which is left by enemy in battle field whereas Fay is all transferable and non transferable property of enemy which is won without fighting as described by Quran Al-Hashr Aya#6 "And what Allah restored [of property] to His Messenger from them - you did not spur for it [in an expedition] any horses or camels, but Allah gives His messengers power over whom He wills, and Allah is over all things competent".. Ghanima is divided as per rules among those who were present in war and state but fay becomes a public property of Muslims and its ownership can not be transferred. Fay is a purely state property.

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