Jizya on People of the Book and Magians

42 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."

[In al-Bukhari]

43 Yahya related to me from Malik from Ja'far ibn Muhammad ibn 'Ali from his father that 'Umar ibn al-Khattab mentioned the Magians and said, " I do not know what to do about them." 'Abd ar-Rahman ibn 'Awf said, " I bear witness that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Follow the same sunna with them as you follow with the People of the Book.'"

[At-Tirmidhi]

44 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.

45 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, " so 'Umar 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 Allah, 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 was available 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 other than what is included in their jizya."

46 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 paid the jizya from paying the jizya if they became Muslims.

Malik said, " The past 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 according to 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 have to pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria to do business with the people of Syria and then goes to Iraq to do 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. That is still the sunna. 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."

17.25 The 'Ushr for the People of Dhimma

47 Yahya related to me from Ibn Shihab from Salim ibn 'Abdullah from his father that 'Umar ibn al-Khattab used to take a twentieth from the cereals and olive oil of the Nabatean Christians, intending by that to increase the supply to Madina. He would take a tenth from pulses.

48 Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid said, " As a young man I used to work with 'Abdullah ibn 'Utba ibn Mas'ud in the market of Madina in the time of 'Umar ibn al-Khattab and we used to take a tenth from the Nabateans."

49 Yahya related to me from Malik that he had asked Ibn Shihab why 'Umar ibn al-Khattab used to take a tenth from the Nabateans, and Ibn Shihab replied, " It used to be taken from them in the Jahiliyya, and 'Umar imposed it on them."

17.26 Selling Sadaqa and Taking it Back

50 Yahya related to me from Zayd ibn Aslam that his father said that he had heard 'Umar ibn al-Khattab say, " I once gave someone a noble horse to carry him in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.'"

[cf Bukhari 1419]

51 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab gave a horse to carry someone in the way of Allah, and then he wished to buy it back. So he asked the Messenger of Allah, may Allah bless him and grant him peace, about it, and he said, " Do not buy or take back your sadaqa."

[cf Bukhari 1418]

Yahya said that Malik was asked about whether a man who gave some sadaqa, and then found it being offered back to him for sale by someone other than the man to whom he had given it, could buy it or not, and he said, " I would prefer that he leave it."

17.27 Who Pays the Zakat al-Fitr

52 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to pay the Zakat al-Fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, " The best that I have heard about the Zakat al-Fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay for all his mukatab slaves, his mudabbar slaves, and his ordinary slaves, whether they are present or absent, as long as they are Muslim, and whether or not they are for trade. However, he does not have to pay zakat on any of them that are not Muslim."

Malik said, concerning a runaway slave, " I think that his master should pay the zakat for him, whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning, then I do not think that he should pay zakat for him."

Malik said, " The Zakat al-Fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the Zakat al-Fitr at the end of Ramadan obligatory on every Muslim, whether freeman or slave, male or female."

17.28 Measuring the Zakat al-Fitr

53 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, made the zakat of breaking the fast at the end of Ramadan obligatory on every Muslim, whether freeman or slave, male or female, and stipulated it as a sa' of dates or a sa' of barley.

[cf Bukhari 1432]

54 Yahya related to me from Malik from Zayd ibn Aslam from 'Iyad ibn 'Abdullah ibn Sa'd ibn Abi Sarh al-'Amiri that he had heard Abu Sa'id al-Khudri say, " We used to pay the Zakat al-Fitr with a sa' of wheat, or a sa' of barley, or a sa' of dates, or a sa' of dried sour milk, or a sa' of raisins, using the sa' of the Prophet, may Allah bless him and grant him peace."

[cf Bukhari 1435]

55 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar would always pay the Zakat al-Fitr in dates, except once, when he paid it in barley.

[cf Bukhari 1440]

Malik said, " Payment of all types of kaffara (expiation), of Zakat al-Fitr and of the zakat on grains for which a tenth or a twentieth is due, is made using the smaller mudd, which is the mudd of the Prophet, may Allah bless him and grant him peace, except in the case of dhihar divorce, when the kaffara is paid using the mudd of Hisham, which is the larger mudd."

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