Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)

كتاب الخراج والإمارة والفىء

Chapter 36: Allocation Of Land

Narrated Sakhr ibn al-Ayla al-Ahmasi

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.

Narrated Saburah ibn Ma'bad al-Juhani

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.

Narrated Asma' daughter of AbuBakr

The Messenger of Allah (ﷺ) assigned to az-Zubayr palm-trees as a fief.

Narrated Qaylah bint Makhramah

Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.

She reported to them, saying: We came upon the Messenger of Allah (ﷺ). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.

He then said: Messenger of Allah (ﷺ), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.

He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.

I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.

He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

Narrated Asmar ibn Mudarris

I came to the Prophet (ﷺ), and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).

Narrated Abdullah ibn Umar

The Prophet (ﷺ) gave az-Zubayr the land as a fief up to the reach of his horse when he runs. He, therefore, made his horse run until it stopped. He then threw his flog. Thereupon he said: Give him (the land) up to the point where his flog has reached.

Chapter 37: Reviving Dead Land

Narrated Sa'id ibn Zayd

The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right.

Narrated Urwah

The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belong to him. He then transmitted a similar tradition mentioned above (No. 3067).

He ('Urwah) said: One who transmitted this tradition to me said that two persons brought their dispute to the Messenger of Allah (ﷺ). One of them grew palm trees in the land of the other. He decided to return the land to its owner of the palm-trees to remove his palm-trees. He said: I saw when their roots were being struck with axes. The trees were fully grown up, but they were removed from there.

The tradition mentioned above has also been transmitted by Ibn Ishaq through a different chain of narrators and to the same effect. Instead of the phrase “one who transmitted this tradition to me” this version has “A man from among the Companions of the Prophet (ﷺ) and probably he was Abu Sa’id Al Khudri. I saw the man striking at the roots of the palm trees.”

Narrated Urwah

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.

Narrated Samurah

The Prophet (ﷺ) said: If anyone surrounds a land with a wall, it belongs to 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.

Abu Humaid Al Sa’idi said “I went to Tabuk on an expedition along with the Apostle of Allaah(ﷺ). When he reached Wadi Al Qura, he found a woman in her garden. The Apostle of Allaah(ﷺ) said to his Companions “Assess (the quantity o fruits). The Apostle of Allaah(ﷺ) assessed ten wasqs.” He said to the woman “Count the produce of it. We then came to Tabuk.” The monarch of Ailah presented a white mule as a gift to the Apostle of Allaah(ﷺ). He presented a cloak as a gift o him and wrote a document for his land at sea coast. When we came to Wadi Al Qura he said to the woman “How much is the produce of your garden?” She replied “Ten wasqs which the Apostle of Allaah(ﷺ) had assessed.” The Apostle of Allaah(ﷺ) said “I am going quickly to Madeenah if any of you intend to go quickly with me, he should make haste.”

Narrated Zaynab

She was picking lice from the head of the Messenger of Allah (ﷺ) while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah (ﷺ) ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Mas'ud died, and his wife inherited his house in Medina.

Chapter 38: What Has Been Related About Entering Kharaj Lands

Narrated Mu'adh ibn Jabal

He who put the necklace of jizyah in his neck abandoned the way followed by the Messenger of Allah (ﷺ).

Narrated AbudDarda'

The Prophet (ﷺ) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.

Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.

Chapter 39: Land Protected By A Ruler Or By A Man

Al Sa’b bin Jaththamah reported the Apostle of Allaah(ﷺ) as saying “There is no (permission for) protected land except for Allaah and His Prophet. Ibn Shihab said “It has reached me that the Apostle of Allaah(ﷺ) protected Naqi’.”

Narrated As-Sa'b ibn Jaththamah

The Prophet (ﷺ) protected Naqi and said: There is no (permission for) protected land except for Allah Most High.

Chapter 40: Ar-Rikaz (Buried Treasure) And The Levy Due On It

Narrated AbuHurayrah

The Prophet (ﷺ) said: A fifth is payable on buried treasure.

Al hasan said “Rikaz means treasure buried in pre Islamic times.”