Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)
كتاب الخراج والإمارة والفىء
Chapter 30: Regarding Levying The Jizyah
A simiar tradition from the Prophet(ﷺ) has also been transmitted by Mu’adh through a different chain of narrators.
Chapter 33: Levying The 'Ushur On Ahl Adh-Dhimmah If They Deal In Trade
The tradition mentioned above has also been transmitted by Harb bin ‘Ubaid Allah from the Prophet (ﷺ) to the same effect through a different chain of narrators. This version has the word kharaj(land tax) instead of ‘ushr (tithes).
Chapter 34: If A Dhimmi Becomes Muslim During Part Of The Year, Does He Have To Pay Jizyah ?
Muhammad bin Kathir said “Sufyan was asked to explain the tradition mentioned above.” He said “When he embraces Islam, no jizyah will be levied on him.”
Chapter 25: The Conquest Of Makkah
When the Prophet (ﷺ) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (ﷺ) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (ﷺ) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (ﷺ), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.
I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (ﷺ) and his people (with him).
He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (ﷺ) and he embraced Islam.
I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.
Abu Hurairah said “When the Prophet (ﷺ) entered Makkah he left Al Zubair bin Al Awwam, Abu ‘Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said “Abu Hurairah call the helpers.” He said”Go this way. Whoever appears before you kill him”. A man called “the Quraish will be no more after today.” The Apostle of Allaah(ﷺ) said “he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka’bah), they entered the Ka’bah and it was full of them. The Prophet (ﷺ) took rounds of Ka’bah and prayed behind the station. He then held the sides of the gate (of the Ka’bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (ﷺ) on Islam. Abu Dawud said “I heard Ahmad bin Hanbal (say) when he was asked by a man “Was Makkah captured by force?” He said “What harms you whatever it was? He said “Then by peace?” He said, No.
Chapter 28: The Expulsion Of The Jews From Arabia
Ibn ‘Abbas said that the Prophet (ﷺ) gave three instructions saying “Expel the polytheists from Arabia, reward deputations as I did”. Ibn ‘Abbas said “He either did not mention the third or I have been caused to forget it. Al Humaidi said on the authority of Sufyan that Sulaiman said “I do not know whether Sa’id mentioned the third and I forgot or he himself did not mention it.”
Jabir bin ‘Abd Allah said that he was told by ‘Umar bin Al Khattab that he heard the Apostle of Allaah(ﷺ) say “I will certainly expel the Jews and the Christians from Arabia and I shall leave only Muslims in it.”
Malik said “’Umar expelled the Jews of Najran and Fadak.”
Chapter 30: Regarding Levying The Jizyah
When the Prophet (ﷺ) sent him to the Yemen, he ordered to take from everyone who had reached puberty one dinar or its equivalent in Mu'afiri garment of Yemen origin.
The Messenger of Allah (ﷺ) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.
Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.
Chapter 31: Levying Jizyah On The Zoroastrians
A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (ﷺ) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.
Chapter 33: Levying The 'Ushur On Ahl Adh-Dhimmah If They Deal In Trade
The Prophet (ﷺ) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.
Chapter 35: Regarding The Imam Accepting Gifts From Idolaters
I met Bilal, the Mu'adhdhin of the Messenger of Allah (ﷺ) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (ﷺ)?
He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (ﷺ) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.
A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.
When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (ﷺ) returned to his family. I sought permission from him and he gave me permission.
I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (ﷺ) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.
All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (ﷺ). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.
The Messenger of Allah (ﷺ) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?
I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.
He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (ﷺ) was sitting there. I greeted him.
He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (ﷺ). Nothing remains now.
He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (ﷺ) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?
I said: I still have it, no one came to me. The Messenger of Allah (ﷺ) passed the night in the mosque.
He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?
I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.
The tradition mentioned above has also been transmitted by Mu’awiyah through a different chain of narrators to the same effect as narrated by Abu Taubah. This version has “I have nothing to pay from me. The Apostle of Allaah(ﷺ) thereupon kept silence and this displeased me.”
I presented a she-camel to the Prophet (ﷺ). He asked: Have you embraced Islam? I replied: No. The Prophet (ﷺ) said: I have been prohibited to accept the present of polytheists.
Chapter 36: Allocation Of Land
The tradition mentioned above has also been transmitted by ‘Alqamah bin Wa’il through a different chain of narrators.”
The Messenger of Allah (ﷺ) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (ﷺ). He found the Prophet of Allah (ﷺ) had returned and he did not conquer (Ta'if).
On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (ﷺ). He did not leave them until they had surrendered to the command of the Messenger of Allah (ﷺ).
Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.
The Messenger of Allah (ﷺ) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.
The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.
He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.
So he returned his aunt to him and asked the Prophet of Allah (ﷺ): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.
He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.
So they came to the Prophet (ﷺ) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.
He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.
He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (ﷺ) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.
The Prophet (ﷺ) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it.
(Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.
Chapter 37: Reviving Dead Land
I testify that the Messenger of Allah (ﷺ) decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it.
This tradition has been transmitted to us from the Prophet (ﷺ) by those who transmitted the traditions about prayer from him.
Hisham said “The unjust vein means that a man implants a tree in the land of another man so that they may be entitled to it. Malik said “The unjust vein means that a man takes (a thing) digs a pit and implants a tree without (his) right.