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

Ibn Shihab said “It has reached me that the Apostle of Allaah(ﷺ) conquered Khaibar by force. Its inhabitants who came down (from their fortress) for expulsion came down after fighting.”

Narrated Ibn Shihab: The Messenger of Allah (ﷺ) took out his fifth from the booty of Khaybar, and divided the rest of it among those who attended the battle and among those who were away from it but attend the expedition of al-Hudaybiyyah.

‘Umar said “Had I not considered the last Muslim, I would have any town I conquered divided as the Apostle of Allaah(ﷺ) had divided Khaibar.”

Narrated Abdullah ibn Abbas: Al-Abbas ibn AbdulMuttalib brought AbuSufyan ibn Harb to the Messenger of Allah (ﷺ) in the year of the conquest (of Mecca). So he embraced Islam at Marr az-Zahran. Al-Abbas said to him: Messenger of Allah, AbuSufyan is a man who likes taking this pride, if you may do something for him. He said: Yes, he who enters the house of AbuSufyan is safe, and he who closes his door is safe.

Narrated Abdullah Ibn Abbas: 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.

Wahb bin Munabbih said “I sked Jabir “Did they get any booty on the day of conquest (of Makkah)? He replied, No.

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.

Narrated Jabir ibn Abdullah: Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (ﷺ) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (ﷺ) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.

Narrated Uthman ibn Abul'As: When the deputation of Thaqif came to the Messenger of Allah (ﷺ), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (ﷺ) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).

Narrated Amir ibn Shahr: When the Messenger of Allah (ﷺ) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it. I said: Yes. So I proceeded until I came to the Messenger of Allah (ﷺ). I liked his motive and my people embraced Islam. The Messenger of Allah (ﷺ) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam. Akk was told: Go to the Messenger of Allah (ﷺ), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (ﷺ) wrote a document for him: "In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."

Narrated Abyad ibn Hammal: Abyad spoke to the Messenger of Allah (ﷺ) about sadaqah when he came along with a deputation to him. He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib. He therefore concluded a treaty of peace with the Messenger of Allah (ﷺ) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib. They continued to pay them till the Messenger of Allah (ﷺ) died. The governors after the death of the Messenger of Allah (ﷺ) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (ﷺ) to give seventy suits of garments. AbuBakr then revived it as the Messenger of Allah (ﷺ) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.

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.”

The tradition mentioned above has also been transmitted by ‘Umar through a different chain of narrators.” He said “The Apostle of Allaah(ﷺ) said to the same effect. The former version is ore perfect.”

Narrated Abdullah ibn Abbas: The Prophet (ﷺ) said: Two qiblahs in one land are not right.

Sa’id bin Abd Al ‘Aziz said “Arabia lies between Al Wadi to the extremes of the Yemen extending to the frontiers of Al Iraq and the sea.”Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ashhab bin ‘Abd Al Aziz reported it to you on the authority of Malik who said ‘Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.

Malik said “’Umar expelled the Jews of Najran and Fadak.”

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “Irqa will prevent its measure (qafiz) and dirham. Syria will prevent its measure (mudi) and dinar. Egypt will prevent its measure (ardabb) and dinar. Then you will return to the position where you started. Zubair said this three times. The flesh and blood of Abu Hurairah witnessed to it.

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “Whatever town you come to and stay in , your portion is in it, but whatever town disobeys Allaah and His Apostle a fifth of it goes to Allaah and His Apostle and what remains is yours.”

Narrated Anas ibn Malik ; Uthman ibn AbuSulayman: The Prophet (ﷺ) 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 Mu'adh ibn Jabal: 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.

A simiar tradition from the Prophet(ﷺ) has also been transmitted by Mu’adh through a different chain of narrators.

‘Ali said “If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(ﷺ) to the effect that they would not make their children Christian.Abu Dawud said “This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously.Abu ‘Ali said “Abu Dawud did not present this (tradition) in this second reading.”

Narrated Abdullah ibn Abbas: 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.

Ibn ‘Abbas said “When the Prophet of the Persians dies, Iblis (satan) led them to Mazdaism.”

Narrated Umar ibn al-Khattab: Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays. A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah. He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Messenger of Allah (ﷺ) had taken jizyah from the Magians of Hajar.

Narrated Abdullah ibn Abbas: 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.

‘Urwa bin Al Zubair said “Hisham bin Halim bin Hizam found a man who was the governor of Hims making some Copts stand in the sun for the payment of jizyah. He said “What is this?” I heard the Apostle (ﷺ) as saying “Allaah Most High will punish those who punish the people in this world.”

Narrated Ubaydullah: Harb ibn Ubaydullah told on the authority of his grandfather, his mother's father, that he had it on the authority of his father that the Messenger of Allah (ﷺ) said: Tithes are to be levied on Jews and Christians, but not on Muslims.

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).