Qur'an, Hadith and Scholars:Jizyah

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Qur'an[edit]

Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.

Hadith[edit]

Sahih Bukhari[edit]

Narrated Juwairiya bin Qudama At-Tamimi: We said to 'Umar bin Al-Khattab, O Chief of the believers! Advise us." He said, "I advise you to fulfill Allah's Convention (made with the Dhimmis) as it is the convention of your Prophet and the source of the livelihood of your dependents (i.e. the taxes from the Dhimmis.)."
Narrated Abu Humaid As-Sa'idi We took part in the holy battle of Tabuk in the company of the Prophet and when we arrived at the Wadi-al-Qura, there was a woman in her garden. The Prophet asked his companions to estimate the amount of the fruits in the garden, and Allah's Apostle estimated it at ten Awsuq ... The Prophet said to that lady, "Check what your garden will yield." When we reached Tabuk, the Prophet said, "There will be a strong wind to-night and so no one should stand and whoever has a camel, should fasten it." So we fastened our camels. A strong wind blew at night and a man stood up and he was blown away to a mountain called Taiy, The King of Aila sent a white mule and a sheet for wearing to the Prophet as a present, and wrote to the Prophet that his people would stay in their place (and will pay Jizya taxation.)
Narrated Abu Huraira: Allah's Apostle said, "By Him in Whose Hands my soul is, son of Mary (Jesus) will shortly descend amongst you people (Muslims) as a just ruler and will break the Cross and kill the pig and abolish the Jizya (a tax taken from the non-Muslims, who are in the protection, of the Muslim government). Then there will be abundance of money and no-body will accept charitable gifts.
Narrated 'Umar bin Dinar: I was sitting with Jabir bin Zaid and 'Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Musab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zam-zam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from 'Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" 'Umar did not take the Jizya from the Magian infidels till 'Abdur-Rahman bin 'Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.
Narrated 'Amr bin 'Auf Al-Ansari: (who was an ally of Bam 'Amr bin Lu'ai and one of those who had taken part in (the Ghazwa of) Badr): Allah's Apostle sent Abu 'Ubaida bin Al-Jarreh to Bahrain to collect the Jizya. Allah's Apostle had established peace with the people of Bahrain and appointed Al-'Ala' bin Al-Hadrami as their governor. When Abu 'Ubaida came from Bahrain with the money, the Ansar heard of Abu 'Ubaida's arrival which coincided with the time of the morning prayer with the Prophet. When Allah's Apostle led them in the morning prayer and finished, the Ansar approached him, and he looked at them and smiled on seeing them and said, "I feel that you have heard that Abu. 'Ubaida has brought something?" They said, "Yes, O Allah's Apostle' He said, "Rejoice and hope for what will please you! By Allah, I am not afraid of your poverty but I am afraid that you will lead a life of luxury as past nations did, whereupon you will compete with each other for it, as they competed for it, and it will destroy you as it destroyed them."
Narrated Jubair bin Haiya: 'Umar sent the Muslims to the great countries to fight the pagans. When Al-Hurmuzan embraced Islam, 'Umar said to him. "I would like to consult you regarding these countries which I intend to invade." Al-Hurmuzan said, "Yes, the example of these countries and their inhabitants who are the enemies. of the Muslims, is like a bird with a head, two wings and two legs; If one of its wings got broken, it would get up over its two legs, with one wing and the head; and if the other wing got broken, it would get up with two legs and a head, but if its head got destroyed, then the two legs, two wings and the head would become useless. The head stands for Khosrau, and one wing stands for Caesar and the other wing stands for Faris. So, order the Muslims to go towards Khosrau." So, 'Umar sent us (to Khosrau) appointing An-Numan bin Muqrin as our commander. When we reached the land of the enemy, the representative of Khosrau came out with forty-thousand warriors, and an interpreter got up saying, "Let one of you talk to me!" Al-Mughira replied, "Ask whatever you wish." The other asked, "Who are you?" Al-Mughira replied, "We are some people from the Arabs; we led a hard, miserable, disastrous life: we used to suck the hides and the date stones from hunger; we used to wear clothes made up of fur of camels and hair of goats, and to worship trees and stones. While we were in this state, the Lord of the Heavens and the Earths, Elevated is His Remembrance and Majestic is His Highness, sent to us from among ourselves a Prophet whose father and mother are known to us. Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:-- "Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master." (Al-Mughira, then blamed An-Numan for delaying the attack and) An-Nu' man said to Al-Mughira, "If you had participated in a similar battle, in the company of Allah's Apostle he would not have blamed you for waiting, nor would he have disgraced you. But I accompanied Allah's Apostle in many battles and it was his custom that if he did not fight early by daytime, he would wait till the wind had started blowing and the time for the prayer was due (i.e. after midday)."
Narrated Ali: We did not, write anything from the Prophet except the Quran and what is written in this paper, (wherein) the Prophet said, "Medina is a sanctuary from (the mountain of) Air to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, or gives shelter to such an innovator, will incur the Curse of Allah. the angels and all the people; and none of his compulsory or optional good deeds of worship will be accepted And the asylum granted by any Muslim Is to be secured by all the Muslims even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted."
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[edit]

Abu Huraira reported that the Messenger of Allah (may peace be upon him) said: By Him in Whose hand is my life, the son of Mary (may peace be upon him) will soon descend among you as a just judge. He will break crosses, kill swine and abolish Jizya and the wealth will pour forth to such an extent that no one will accept it.
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah (may peace be upon him) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhairs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muilims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them. When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.
Hisham reported on the authority of his father that Hisham b. Hakim b. Hizam happened to pass by people, the farmers of Syria, who had been made to stand in the sun. He said: What is the matter with them? They said: They have been detained for Jizya. Thereupon Hisham said: I bear testimony to the fact that I heard Allah's Messenger (may peace be upon him) as saying: Allah would torment those who torment people in the world.
'Amr b. 'Auf, who was an ally of Banu 'Amir b. Luwayy (and he was one amongst them) who participated in Badr along with Allah's Messenger (way peace be upon him). reported that, Allah's Messenger (may peace be upon him) sent Abu Ubaida b. Jarrah to Bahrain for collecting Jizya and Allah's Messenger (may peace be upon him) had made a truce with the people of Bahrain and had appointed 'Ala' b. Hadrami and Abu Ubaida (for this purpose). They came with wealth from Bahrain and the Ansar beard about the arrival of Abu Ubaida and they had observed the dawn prayer along with Allah's Messenger (may peace be upon him), and when Allah's Messenger (may peace be upon him) had finished the prayer they (the Ansar) came before him and Allah's Messenger (may peace be upon him) smiled as he saw them and then said: I think you have heard about the arrival of Abu Ubaida with goods from Bahrain. They said: Allah's Messenger. yes, it is so. Thereupon he said: Be happy and be hopeful of that what gives you delight. By Allah, it is not the poverty about which I fear in regard to you but I am afraid in your case that (the worldly) riches way be given to you as were given to those who had gone before you and you begin to vie with one another for them as they vied for them. and these may destroy you as these destroyed them.

Abu Dawud[edit]

Narrated Umar ibn al-Khattab: A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (peace be upon him): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.
Narrated Anas ibn Malik ; Uthman ibn AbuSulayman: The Prophet (peace be upon him) sent Khalid ibn al-Walid to Ukaydir of Dumah. He was seized and they brought him to him (i.e. the Prophet). He spared his life and made peace with him on condition that he should pay jizyah (poll-tax).
Narrated AbuHurayrah: The Prophet (peace be upon him) said: There is no prophet between me and him, that is, Jesus (peace be upon him). He will descent (to the earth). When you see him, recognise him: a man of medium height, reddish fair, wearing two light yellow garments, looking as if drops were falling down from his head though it will not be wet. He will fight the people for the cause of Islam. He will break the cross, kill swine, and abolish jizyah. Allah will perish all religions except Islam. He will destroy the Antichrist and will live on the earth for forty years and then he will die. The Muslims will pray over him.

Al-Muwatta[edit]

Yahya related to me from Malik that Ibn Shihab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, took jizya from the magians of Bahrain, that Umar ibn al-Khattab took it from the magians of Persia and that Uthman ibn Affan took it from the Berbers."
Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al-Khattab, that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. In addition, they had to provide for the muslims and receive them as guests for three days.
Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she-camel behind the house," soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.
"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."
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.
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[edit]

Al Tabari[edit]

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.
"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."
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.
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.
In this year Muhammad ordered people to pay the zakat tax. It is said that the Prophet commanded them to do this.
In this year, the Messenger sent Amr to collect the zakat tax from Jayfar and Amr, the clans of Julanda and Azd.... He collected the jizyah from the Zoroastrians.

The dhimmis posture during the collection of the jizyah:

[lowering themselves] by walking on their hands, reluctantly; on the authority of Ibn 'Abbas-but this is not accepted by everyone.[1]
Jami 'al-Bayan, Vol. 10, pp. 125-126

Scholars[edit]

Classical Views[edit]

The honour of Islam lies in insulting kufr and kafirs. 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.
Sufi saint Ahmad Sirhindi (1564-1624), letter No. 163
25.13a. Who pays jizya

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.]
The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani
A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)
Allah said, (until they pay the Jizyah), if they do not choose to embrace Islam, (with willing submission), in defeat and subservience, (and feel themselves subdued.), disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said, "Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley." This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.
('an yadin): does this refers to the hand of the giver or the receiver? It refers to the giver, i.e. from a forthcoming rather than a withholding hand. For he who refuses and withholds doesn't proffer his hand, as opposed to the reluctant obeyer. [proverb example]-not by someone deputized, but directly from the hand of the [dhimmi]. The hand of the taker means that [when he takes it] his hand is the upper, the ruler; or, because of the benefit [to the dhimmis] because receiving the jizya from them and lowering their spirits is of benefit to them. (wa-hum Saarighuuna) it is taken from them when they are in a lowered and humbled state. [The dhimmi] must approach walking, not riding; the taker is standing while the giver is sitting and trembling in awe /Iyutaltilu taltalatanl/. He is seized by his collar, and is told: "Perform the jizya," and is pushed on the nape of his neck /yuzakhkhu/.[2]
Al-Zamakhshari (1075–1144)
...on the authority of Ibn Abbas...that the jizya is taken from the dhimmi, [while] his neck is being hung low.[3]
Al-Baydawi (D. 1286)
...the dhimmi is obliged not to mention Allah or His Apostle…Jews, Christians, and Majians must pay the jizya …on offering up the jizya, the dhimmi must hang his head while the official takes hold of his beard and hits [the dhimmi] on the protruberant bone beneath his ear [i.e., the mandible]...[4]
Al-Ghazali (1101)

Modern Views[edit]

"...(Fight with them) until they pay Jizyah with their own hands and are humbled."

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.
"Tafhim al-Qur'an (The Meaning of the Qur'an)" (archived)
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[edit]

Muhammad wrote in a letter to the Christians and Jews of Elath

Thou hast to accept Islam, or pay the tax, and obey God and His Messenger and the messengers of His Messenger, and do them honor and dress them in fine clothing, not in the raiment of raiders…for if you satisfy my envoys you will satisfy me. Surely the tax is known to you. Therefore if you wish to be secure on land and on sea, obey God and His Messenger…But be careful lest thou do not satisfy…for then I shall not accept anything from you, but I shall fight you and take the young as captives and slay the elderly…Come then, before a calamity befalls you...[5]
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See Also[edit]

  • Jizyah - A hub page that leads to other articles related to Jizyah

References[edit]

  1. Tabari, Jami 'al-Bayan, ed. M. Shiikir (Beirut, 142112001), vol. 10. pp. 125, 126.
  2. Zamakhshari, Al-Kashshaaf,ed. M. Ahmad (Cairo, 136511946), vol. 2, pp. 262. 263.
  3. Beidawi, Anwar al-Tan-il,ed. H. 0.Fleischer (1846-1848; repr.. Osnabrueck, 1968). vol. I, p. 383, line 25.
  4. 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.]
  5. Gil, Moshe. A History of Palestine: 634-1099, Cambridge University Press, 1997, p. 28.