Qur'an, Hadith and Scholars:Jizyah: Difference between revisions
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===Al Tabari=== | ===Al Tabari=== | ||
{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=87}} | {{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=87}}<br>{{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol.3 |page=129}} | ||
|He who holds fast to his religion, Judaism or Christianity, is not to be tempted from it. It is incumbent on them to pay the jizyah protection tax. For every adult, male or female, free or slave, one full denarius, or its value in al-ma'afir [fine cloth]. He who pays that to the Messenger has the protection of Allah and His Messenger, and he who holds back from it is the enemy of Allah and His Messenger.}} | |He who holds fast to his religion, Judaism or Christianity, is not to be tempted from it. It is incumbent on them to pay the jizyah protection tax. For every adult, male or female, free or slave, one full denarius, or its value in al-ma'afir [fine cloth]. He who pays that to the Messenger has the protection of Allah and His Messenger, and he who holds back from it is the enemy of Allah and His Messenger.}} | ||
{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. XI|ISBN=0-7914-0851-5|year=1993|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Khalid Yahya Blankinship|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_20_Vol|page=4}}|"I call you to God and to Islam. If you respond to the call, then you are Muslims: You obtain the benefits they enjoy and take up the responsibilities they bear. If you refuse, then you must pay the jizyah. If you refuse the jizyah, I will bring against you tribes of people who are more eager for death than you are for life. We will then fight you until God decides between us and you."}} | {{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. XI|ISBN=0-7914-0851-5|year=1993|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Khalid Yahya Blankinship|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_20_Vol|page=4}}<br>{{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol.3 |page=344}} | ||
|"I call you to God and to Islam. If you respond to the call, then you are Muslims: You obtain the benefits they enjoy and take up the responsibilities they bear. If you refuse, then you must pay the jizyah. If you refuse the jizyah, I will bring against you tribes of people who are more eager for death than you are for life. We will then fight you until God decides between us and you."}} | |||
{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. XII|ISBN=0-7914-0733-0|year=1992|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Yohanan Friedmann|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_20_Vol/page/n300/mode/2up|page=167}} | {{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. XII|ISBN=0-7914-0733-0|year=1992|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Yohanan Friedmann|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_20_Vol/page/n300/mode/2up|page=167}}<br>{{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol. 3|page=393}} | ||
|Summon the people to God; those who respond to your call, accept it from them, but those who refuse must pay the poll tax out of humiliation and lowliness. If they refuse this, it is the sword without leniency. Fear God with regard to what you have been entrusted.}} | |Summon the people to God; those who respond to your call, accept it from them, but those who refuse must pay the poll tax out of humiliation and lowliness. If they refuse this, it is the sword without leniency. Fear God with regard to what you have been entrusted.}} | ||
{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=76}} | {{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=76}}<br>{{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol.3 |page=121}} | ||
|The Messenger has sent Zur'ah and his Companions to you. ‘I commend them to your care. Collect the zakat and jizyah from your districts and hand the money over to my messengers.' The Prophet is the master of your rich and your poor.}}{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=39}} | |The Messenger has sent Zur'ah and his Companions to you. ‘I commend them to your care. Collect the zakat and jizyah from your districts and hand the money over to my messengers.' The Prophet is the master of your rich and your poor.}}{{Quote|{{citation|title=The History of al-Tabari|trans_title=Ta’rikh al-rusul wa’l-muluk|volume=vol. IX|ISBN=0-88706-691-7|year=1990|publisher=SUNY Press|author=al-Tabari (d. 923)|editor=Ismail K. Poonawala|url=https://archive.org/details/HistoryAlTabari40Vol/History_Al-Tabari_10_Vol/page/n2267/mode/2up|page=39}} | ||
{{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol. 3|page=95}} | {{citation|title=تاريخ الرسل والملوك|author=أبو جعفر الطبري|url=https://app.turath.io/book/9783|publisher=al-Maktabah al-Shamilah|volume=vol. 3|page=95}} | ||
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One who respects the kafirs dishonours the Muslims… The real purpose of levying jiziya on them is to humiliate them to such an extent that they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honour and might of Islam.}} | One who respects the kafirs dishonours the Muslims… The real purpose of levying jiziya on them is to humiliate them to such an extent that they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honour and might of Islam.}} | ||
{{Quote|[https://tafsir.app/qurtubi/9/29 Tasfir of al-Qurtabi on the Jizya verse]| | |||
الرابعة: لم يذكر الله سبحانه وتعالى في كتابه مقدارا للجزية المأخوذة منهم. وقد اختلف العلماء في مقدار الجزية المأخوذة منهم، فقال عطاء بن أبي رباح: لا توقيت فيها، وإنما هو على ما صولحوا عليه. وكذلك قال يحيى بن آدم وأبو عبيد والطبري، إلا أن الطبري قال: أقله دينار وأكثره لا حد له. واحتجوا بما رواه أهل الصحيح عن عمرو بن عوف: أن رسول الله صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صالح أهل البحرين على الجزية. | |||
وقال الشافعي: دينار على الغني والفقير من الأحرار البالغين لا ينقص منه شيء واحتج بما رواه أبو داود وغيره عن معاذ: أن رسول الله صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بعثه إلى اليمن وأمره أن يأخذ من كل حالم دينارا في الجزية. قال الشافعي: وهو المبين عن الله تعالى مراده. وهو قول أبي ثور. قال الشافعي: وإن صولحوا على أكثر من دينار جاز، وإن زادوا وطابت بذلك أنفسهم قبل منهم. وإن صولحوا على ضيافة ثلاثة أيام جاز، إذا كانت الضيافة معلومة في الخبز والشعير والتبن والإدام، وذكر ما على الوسط من ذلك وما على الموسر وذكر موضع النزول والكن من البرد والحر. | |||
And the fourth: Allah, praised and high, did not mention in his book the amount of the Jizya to be taken from them (the dhimmis). The scholars have differed on the amount of the jizya to be taken from them. A'ta' bin Abi Ribah said: 'There is no set amount, it is rather dependent on what they (the dhimmis and the amir) came to an agreement on.' And likewise so said Yahya bin Adam and Abu 'Ubayd and Al-Tabari, with Tabari saying: 'its minimum is 1 dinar, and there's no limit to its maximum.' And they brought as evidence what the people of sahih (the scholars of hadith) recounted from 'Amru bin 'Auf: that the messenger of Allah, peace and prayer of Allah be upon him, came to an agreement with the people of Bahrain on the jizya. And Shafi'i said: 'a dinar from the rich and the poor from their free adults, and nothing must be subtracted from this (amount)', and he brought for evidence of this what Abu Dawud and others related from Mu'adh: The the messenger of Allah, peace and prayer of Allah be upon him, sent him (Mu'adh) to Yemen and commanded him to take from every Halim 1 dinar of Jizya. And Shafi'i said: Allah's will is apparent. And this is the saying of Abi Thaur. Shafi'i said: if they agreed upon more than one dinar, it is permissible, and if the increased the amount of it and they were satisfied with it (then it is also permissible). And if they agreed upon hosting (of Muslims by dhimmis) for three days it is permissible, and the hosting is known to consist is known in terms of bread, barley, hay, and food. He mentioned what is due from the middle class and what is due from the wealthy. He also mentioned the place of lodging and shelter from the cold and heat.}} | |||
}} | |||
{{Quote|[http://bewley.virtualave.net/Riszakat.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani]<BR>A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)|'''25.13a. Who pays jizya''' | {{Quote|[http://bewley.virtualave.net/Riszakat.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani]<BR>A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)|'''25.13a. Who pays jizya''' | ||
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==See Also== | ==See Also== | ||
==References== | ==References== | ||
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[[Category:Human rights]] | [[Category:Human rights]] | ||
[[Category:Islamic finance]] | [[Category:Islamic finance]] | ||
[[ar:القرآن_والحديث_والعلماء:_الجزية]] |
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The jizya is the protection tax to be paid by the conquered people in dhimmitude, representing both the protection from jihad and the submission to dhimmitude. The jizya (and its associated land tax the kharaaj) is the payment to the Muslim state for ceasing the state of jihad upon the protected people. It is both to be a humiliation of the dhimmi but also a protection; historically dhimmis in Muslim lands were required by law to keep receipt of payment of the jizya on their person while travelling. The Qur'an specifies that the dhimmi is to pay the tax while being "humiliated" (صاغرين), which was inter alia interpreted by the scholars as requiring that the dhimmi suffers blows to his body and neck while in the process of paying the tax. Historically the pressure of the jizya on the dhimmi populations encouraged mass conversion to Islam to escape it, which is in large part how the Muslim countries came to have their Muslim majority populations.
Qur'an
Hadith
Sahih Bukhari
Narrated Said: Abu Huraira once said (to the people), "What will your state be when you can get no Dinar or Dirhan (i.e. taxes from the Dhimmis)?" on that someone asked him, "What makes you know that this state will take place, O Abu- Hu raira?" He said, "By Him in Whose Hands Abu Huraira's life is, I know it through the statement of the true and truly inspired one (i.e. the Prophet)." The people asked, "What does the Statement say?" He replied, "Allah and His Apostle's asylum granted to Dhimmis, i.e. non-Muslims living in a Muslim territory) will be outraged, and so Allah will make the hearts of these Dhimmis so daring that they will refuse to pay the Jizya they will be supposed to pay."
Sahih Muslim
Abu Dawud
Al-Muwatta
"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."
Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."
Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.
People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."
Sirah
Ibn Kathir
This narration describes jizya as a compensation for the loss of revenue when Muhammad banned Arab polytheists from visiting the Kaaba.
Al Tabari
أبو جعفر الطبري, تاريخ الرسل والملوك, vol.3, al-Maktabah al-Shamilah, p. 129, https://app.turath.io/book/9783
أبو جعفر الطبري, تاريخ الرسل والملوك, vol.3, al-Maktabah al-Shamilah, p. 344, https://app.turath.io/book/9783
أبو جعفر الطبري, تاريخ الرسل والملوك, vol. 3, al-Maktabah al-Shamilah, p. 393, https://app.turath.io/book/9783
أبو جعفر الطبري, تاريخ الرسل والملوك, vol.3, al-Maktabah al-Shamilah, p. 121, https://app.turath.io/book/9783
أبو جعفر الطبري, تاريخ الرسل والملوك, vol. 3, al-Maktabah al-Shamilah, p. 95, https://app.turath.io/book/9783
The dhimmis posture during the collection of the jizyah:
Scholars
Classical Views
الرابعة: لم يذكر الله سبحانه وتعالى في كتابه مقدارا للجزية المأخوذة منهم. وقد اختلف العلماء في مقدار الجزية المأخوذة منهم، فقال عطاء بن أبي رباح: لا توقيت فيها، وإنما هو على ما صولحوا عليه. وكذلك قال يحيى بن آدم وأبو عبيد والطبري، إلا أن الطبري قال: أقله دينار وأكثره لا حد له. واحتجوا بما رواه أهل الصحيح عن عمرو بن عوف: أن رسول الله صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صالح أهل البحرين على الجزية. وقال الشافعي: دينار على الغني والفقير من الأحرار البالغين لا ينقص منه شيء واحتج بما رواه أبو داود وغيره عن معاذ: أن رسول الله صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بعثه إلى اليمن وأمره أن يأخذ من كل حالم دينارا في الجزية. قال الشافعي: وهو المبين عن الله تعالى مراده. وهو قول أبي ثور. قال الشافعي: وإن صولحوا على أكثر من دينار جاز، وإن زادوا وطابت بذلك أنفسهم قبل منهم. وإن صولحوا على ضيافة ثلاثة أيام جاز، إذا كانت الضيافة معلومة في الخبز والشعير والتبن والإدام، وذكر ما على الوسط من ذلك وما على الموسر وذكر موضع النزول والكن من البرد والحر.
And the fourth: Allah, praised and high, did not mention in his book the amount of the Jizya to be taken from them (the dhimmis). The scholars have differed on the amount of the jizya to be taken from them. A'ta' bin Abi Ribah said: 'There is no set amount, it is rather dependent on what they (the dhimmis and the amir) came to an agreement on.' And likewise so said Yahya bin Adam and Abu 'Ubayd and Al-Tabari, with Tabari saying: 'its minimum is 1 dinar, and there's no limit to its maximum.' And they brought as evidence what the people of sahih (the scholars of hadith) recounted from 'Amru bin 'Auf: that the messenger of Allah, peace and prayer of Allah be upon him, came to an agreement with the people of Bahrain on the jizya. And Shafi'i said: 'a dinar from the rich and the poor from their free adults, and nothing must be subtracted from this (amount)', and he brought for evidence of this what Abu Dawud and others related from Mu'adh: The the messenger of Allah, peace and prayer of Allah be upon him, sent him (Mu'adh) to Yemen and commanded him to take from every Halim 1 dinar of Jizya. And Shafi'i said: Allah's will is apparent. And this is the saying of Abi Thaur. Shafi'i said: if they agreed upon more than one dinar, it is permissible, and if the increased the amount of it and they were satisfied with it (then it is also permissible). And if they agreed upon hosting (of Muslims by dhimmis) for three days it is permissible, and the hosting is known to consist is known in terms of bread, barley, hay, and food. He mentioned what is due from the middle class and what is due from the wealthy. He also mentioned the place of lodging and shelter from the cold and heat.}}
Jizya is taken from the men of the people of dhimma status provided that they are both free and adult. It is not taken from their women, their children, or their slaves.
[Ibn Rushd defines it thus: what is taken from the people of disbelief in repayment for their security and sparing their lives while they remain unbelievers. It is derived from jaza' (repayment) which is exchange, because they receive security in exchange for the money they pay. We offer them security and they offer money. It is not taken from three categories: women, children and slaves because Allah Almighty has obliged it on those who can fight, and generally that is men rather than women and children.]A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)
Modern Views
This is the aim of Jihad with the Jews and the Christians and it is not to force them to become Muslims and adopt the `Islamic Way of Life.' They should be forced to pay Jizyah in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land. These powers should be wrested from them by the followers of the true Faith, who should assume the sovereignty and lead others towards the Right Way, while they should become their subjects and pay jizyah. jizyah is paid by those non-Muslims who live as Zimmis (proteges) in an Islamic State, in exchange for the security and protection granted to them by it. This is also symbolical of the fact that they themselves agree to live in it as its subjects. This is the significance of "..... they Pay jizyah with their own hands," that is, "with full consent so that they willingly become the subjects of the Believers, who perform the duty of the vicegerents of Allah on the earth. "
At first this Command applied only to the Jews and the Christians. Then the Holy Prophet himself extended it to the Zoroastrians also. After his death, his Companions unanimously applied this rule to all the non-Muslim nations outside Arabia.
This is jizyah " of which the Muslims have been feeling apologetic during the last two centuries of their degeneration and there are still some people who continue to apologize for it. But the Way of Allah is straight and clear and does not stand in need of any apology to the rebels against Allah. Instead of offering apologies on behalf of Islam for the measure that guarantees security of life, property and faith to those who choose to live under its protection, the Muslims should feel proud of such a humane law as that of jizyah. For it is obvious that the maximum freedom that can be allowed to those who do not adopt the Way of Allah but choose to tread the ways of error is that they should be tolerated to lead the life they like. That is why the Islamic State offers them protection, if they agree to live as its Zimmis by paying jizyah, but it cannot allow that they should remain supreme rulers in any place and establish wrong ways and impose them on others. As this state of things inevitably produces chaos and disorder, it is the duty of the true Muslims to exert their utmost to bring to an end their wicked rule and bring them under a righteous order.
As regards the question, "What do the non-Muslims get in return for Jizyah " it may suffice to say that it is the price of the freedom which the Islamic State allows them in following their erroneous ways, while living in the jurisdiction of Islam and enjoying its protection. The money thus collected is spent in maintaining the righteous administration that gives them the freedom and protects their rights. This also serves as a yearly reminder to them that they have been deprived of the honor of paying Zakat in the Way of Allah, and forced to pay jizyah instead as a price of following the ways of error.Sayyid Abul Ala Maududi, A. A. Kamal (Ed.), Kazi Publications, Surah At Taubah (footnote No. 28), ISBN 9781567441345, 1991, http://englishtafsir.com/Quran/9/index.html#sdfootnote29sym.
Miscellaneous
Muhammad wrote in a letter to the Christians and Jews of Elath
Shia hadith
See Also
References
- ↑ Tabari, Jami 'al-Bayan, ed. M. Shiikir (Beirut, 142112001), vol. 10. pp. 125, 126.
- ↑ Zamakhshari, Al-Kashshaaf,ed. M. Ahmad (Cairo, 136511946), vol. 2, pp. 262. 263.
- ↑ Beidawi, Anwar al-Tan-il,ed. H. 0.Fleischer (1846-1848; repr.. Osnabrueck, 1968). vol. I, p. 383, line 25.
- ↑ Al-Ghazali (d. 1111). Kitab al-Wagiz fi fiqh madhab al-imam al-Safi’i, Beirut, 1979, pp. 186, 190-91; 199-200; 202-203. [English translation by Dr. Michael Schub.]
- ↑ These categories of non-Muslims are exempted from paying jizya according to other Sunni schools of thought.
- ↑ Gil, Moshe. A History of Palestine: 634-1099, Cambridge University Press, 1997, p. 28.