or pay the jizya (24). [There is also] the hadith of Buraydah (25) and 'Abd al-Rahman ibn 'Awf, and the statement of the Prophet (peace be upon him): 'Apply to them the tradition of the People of the Scripture.' There is no difference between them being non-Arabs (Ajam) or Arabs. This is the view of Malik, al-Awza'i, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. Abu Yusuf said: 'The jizya is not taken from the Arabs because they are honored by being from the tribe of the Prophet (peace be upon him).' Our argument is the generality of the verse and that the Prophet (peace be upon him) sent Khalid ibn al-Walid to Dumat al-Jandal (26), where he captured Ukaydir of Duma and made a peace treaty with him on the basis of the jizya, and he was an Arab. This was narrated by Abu Dawud (27). He also took the jizya from the Christians of Najran, and they were Arabs (28). He sent Mu'adh to Yemen and said: 'You are coming to a people who are People of the Scripture.' This is agreed upon (29). He commanded him to take a dinar from every adult (30), and they were Arabs. Ibn al-Mundhir said: 'It has not reached us that a people from the non-Arabs (Ajam) were inhabitants of Yemen when he dispatched Mu'adh.' Even if there were, his command to take from all of them, one dinar from every adult, is evidence that the jizya is taken from the Arabs. The hadith of Buraydah contains (31) that the Prophet (peace be upon him) used to command whomever he sent on a military expedition to call his enemy to the payment of the jizya, and he did not
(24) Its extraction was previously mentioned, on page 202. (25) Its extraction was previously mentioned, on page 29. (26) Dumat al-Jandal: seven stages [of travel] from Damascus, between it and the city of the Messenger (peace be upon him). Mu'jam al-Buldan 2/625. (27) In: 'Chapter: On taking the jizya,' from the Book of Leadership (al-Imara). Sunan Abi Dawud 2/149. (28) Extracted by al-Bayhaqi, in: 'Chapter: Those who said the jizya is taken from them, whether they are Arabs or non-Arabs,' from the Book of Jizya. Al-Sunan al-Kubra 9/187. (29) Extracted by al-Bukhari, in: 'Chapter: The choicest wealth of the people is not to be taken,' and 'Chapter: Taking zakat from the wealthy...', from the Book of Zakat, and in: 'Chapter: What was narrated regarding the call of the Prophet (peace be upon him) to his nation to the oneness of Allah...', from the Book of Tawhid. Sahih al-Bukhari 2/147, 158; 9/140. And Muslim, in: 'Chapter: The call to the two testimonies and the laws of Islam,' from the Book of Faith. Sahih Muslim 1/50, 51. It was also extracted by Abu Dawud, in: 'Chapter: Zakat on pastured livestock,' from the Book of Zakat. Sunan Abi Dawud 1/366. And al-Tirmidhi, in: 'Chapter: What was narrated regarding the dislike of taking the best of wealth for charity (sadaqa),' from the Chapters on Zakat. 'Aridat al-Ahwadhi 3/117, 118. And al-Nasa'i, in: 'Chapter: Transferring zakat from one land to another...', from the Book of Zakat. Al-Mujtaba 5/41. And al-Darimi, in: 'Chapter: The virtue of zakat,' and 'Chapter: The prohibition of taking charity from the choicest wealth of the people,' from the Book of Zakat. Sunan al-Darimi 1/379, 384. And Imam Ahmad, in: Al-Musnad 1/233. (30) Its extraction was previously mentioned, in: 4/30. (31) Omitted from (B).
