Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 33: Levying The 'Ushur On Ahl Adh-Dhimmah If They Deal In Trade
Harb ibn Ubaydullah ibn Umayr ath-Thaqafi told on the authority of his grandfather, a man of Banu Taghlib: I came to the Prophet (ﷺ), embraced Islam, and he taught me Islam. He also taught me how I should take sadaqah from my people who had become Muslim. I then returned to him and said: Messenger of Allah, I remembered whatever you taught me except the sadaqah. Should I levy tithe on them? He replied: No, tithes are to be levied on Christians and Jews.
We alighted with the Prophet (ﷺ) at Khaybar, and he had his companions with him. The chief of Khaybar was a defiant and abominable man.
He came to the Prophet (ﷺ) and said: Is it proper for you, Muhammad, that you slaughter our donkeys, eat our fruit, and beat our women?
The Prophet (ﷺ) became angry and said: Ibn Awf, ride your horse, and call loudly: Beware, Paradise is lawful only for a believer, and that they (the people) should gather for prayer.
They gathered and the Prophet (ﷺ) led them in prayer, stood up and said: Does any of you, while reclining on his couch, imagine that Allah has prohibited only that which is to be found in this Qur'an? By Allah, I have preached, commanded and prohibited various matters as numerous as that which is found in the Qur'an, or more numerous. Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.
Safwan reported from a number of Companions of the Messenger of Allah (ﷺ) on the authority of their fathers who were relatives of each other. The Messenger of Allah (ﷺ) said: Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.
Chapter 36: Allocation Of Land
Rabi'ah reported on the authority of more than one person saying: The Messenger of Allah (ﷺ) assigned as a fief to Bilal ibn al-Harith al-Muzani the mines of al-Qabaliyyah which is in the neighbourhood of al-Fur', and only zakat is levied on those mines up to the present day.
The Prophet (ﷺ) assigned as a fief to Bilal ibn al-Muzani the mines of al-Qabaliyyah both which lay on the upper side and which lay on the lower side, and (the land) which was suitable for cultivation at Quds. He did not give him (the land which involved) the right of a Muslim. The Prophet (ﷺ) wrote a document for him. It goes: "In the name of Allah, the Compassionate, the Merciful. This is what the Messenger of Allah (ﷺ) assigned to Bilal ibn Harith al-Muzani. He gave him the mines of al-Qabaliyyah, both which lay on the upper side and which lay on the lower side, and (the land) which is suitable for cultivation at Quds. He did not give him the right of any Muslim."
Abu Uwais said: A similar tradition has been narrated to me by Thawr b. Zaid, client of Banu al-Dail b. Bakr b. Kinahah from 'Ikrimah on the authority of Ibn 'Abbas.
Chapter 25: The Conquest Of Makkah
Wahb bin Munabbih said “I sked Jabir “Did they get any booty on the day of conquest (of Makkah)? He replied, No.
Chapter 27: The Ruling On The Land Of Yemen
When the Messenger of Allah (ﷺ) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.
I said: Yes. So I proceeded until I came to the Messenger of Allah (ﷺ). I liked his motive and my people embraced Islam. The Messenger of Allah (ﷺ) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.
Akk was told: Go to the Messenger of Allah (ﷺ), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (ﷺ) wrote a document for him:
"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."
Abyad spoke to the Messenger of Allah (ﷺ) about sadaqah when he came along with a deputation to him.
He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib.
He therefore concluded a treaty of peace with the Messenger of Allah (ﷺ) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib.
They continued to pay them till the Messenger of Allah (ﷺ) died.
The governors after the death of the Messenger of Allah (ﷺ) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (ﷺ) to give seventy suits of garments.
AbuBakr then revived it as the Messenger of Allah (ﷺ) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.
Chapter 28: The Expulsion Of The Jews From Arabia
Sa’id bin Abd Al ‘Aziz said “Arabia lies between Al Wadi to the extremes of the Yemen extending to the frontiers of Al Iraq and the sea.” Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ashhab bin ‘Abd Al Aziz reported it to you on the authority of Malik who said ‘Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.
Chapter 30: Regarding Levying The Jizyah
‘Ali said “If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(ﷺ) to the effect that they would not make their children Christian. Abu Dawud said “This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously. Abu ‘Ali said “Abu Dawud did not present this (tradition) in this second reading.”
Chapter 31: Levying Jizyah On The Zoroastrians
Ibn ‘Abbas said “When the Prophet of the Persians dies, Iblis (satan) led them to Mazdaism.”
Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays.
A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah.
He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Messenger of Allah (ﷺ) had taken jizyah from the Magians of Hajar.
Chapter 33: Levying The 'Ushur On Ahl Adh-Dhimmah If They Deal In Trade
Harb ibn Ubaydullah told on the authority of his grandfather, his mother's father, that he had it on the authority of his father that the Messenger of Allah (ﷺ) said: Tithes are to be levied on Jews and Christians, but not on Muslims.
A man reported from Bakr bin Wa’il on the authority of his maternal uncle as saying, I said “Apostle of Allaah(ﷺ) may I levy tithe on my people.?” He replied “Tithes are to be levied on Jews and Christians.”
Chapter 34: If A Dhimmi Becomes Muslim During Part Of The Year, Does He Have To Pay Jizyah ?
The Prophet (ﷺ) said: Jizyah is not to be levied on a Muslim.
Chapter 36: Allocation Of Land
The Prophet (ﷺ) bestowed land in Hadramawt as fief.
The Messenger of Allah (ﷺ) demarcated a house with a bow at Medina for me. He said: I shall give you more. I shall give you more.
Chapter 26: The Conquest Of At-Ta'if
Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (ﷺ) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (ﷺ) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.
Chapter 29: Making Endowments Of The Lands Of As-Sawad, And The Lands That Were Conquered By Force
Abu Hurairah reported the Messenger of Allah (ﷺ) as saying “Iraq will prevent its measure (qafiz) and dirham. Syria will prevent its measure (mudi) and dinar. Egypt will prevent its measure (irdabb) and dinar. Then you will return to the position where you started. Zuhair said this three times. The flesh and blood of Abu Hurairah witnessed it.
Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “Whatever town you come to and stay in, your portion is in it, but whatever town disobeys Allaah and His Apostle a fifth of it goes to Allaah and His Apostle and what remains is yours.”