1693- Issue: He said: "And not upon the master of a slave regarding his slave, if the master is a Muslim."

There is no disagreement that we know of regarding this, because it is narrated from the Prophet, peace be upon him, that he said: "There is no Jizya upon the slave" (2). And from Ibn Umar is the like of it (2). Furthermore, what is incumbent upon the slave is paid by his master, so making it mandatory upon the slave of a Muslim leads to making the Jizya mandatory upon a Muslim. As for if the slave belongs to a non-Muslim (Kafir), the explicitly stated position from Ahmad is that there is no Jizya upon him either. And this is the opinion of the general body of scholars. Ibn al-Mundhir said: All the scholars from whom we have reports have reached a consensus that there is no Jizya upon the slave. This is due to what we have mentioned (3) of the hadith, and because he is of inviolable blood (ma'qun al-dam), so he is like women and children, or because he has no wealth, so he is like the poor and incapable person. The statement of al-Khiraqi could potentially imply the obligation of Jizya upon him, to be paid by his master. And it has been narrated as an explicit text (4) from Ahmad. It is also narrated from Umar ibn al-Khattab, may Allah be pleased with him, that he said: "Do not purchase the slaves of the People of the Dhimma, nor from what is in their hands; for they are people of Kharaj (land tax), some of them selling others, and let no one of you accept humiliation (al-saghar) after Allah has saved him from it" (5). Ahmad said: Umar intended (6) to preserve the Jizya; because when a Muslim purchases him, the payment of what is taken from him drops, whereas the Dhimmis pay the Kharaj of their heads for themselves and their slaves. It is narrated from Ali similar to the hadith of Umar (7). And because he is a male, obligated, strong, and capable of earning, so the Jizya should be mandatory for him, like a free man. However, the first [opinion] is more appropriate.

Section: As for the one who is partially free, the analogy of the school (Madhhab) is that he owes Jizya in proportion to the degree of freedom he possesses.