For whatever is on the measure of "fa'l" with a vowelled second letter and is not defective, its plural in small numbers is "af'ul", and in large numbers it is "fi'al" or "fu'ul". Third, the farq—which is a large vessel among the measures of the people of Iraq—should not be used to interpret the speech of 'Umar, may Allah be pleased with him. Rather, the speech of 'Umar, may Allah be pleased with him, is to be interpreted according to the measures of the people of the Hijaz, because he was from them and among them. This is reinforced by what we mentioned regarding al-Zuhri's interpretation of it in the context of the nisab of honey as we have stated, and Imam Ahmad mentioned it in the context of using it as evidence, which indicates that he held this view. And Allah knows best.

442- Issue: He said: (The land is of two types: [land acquired by] treaty (sulh), and [land acquired by] force (anwah)).

The sum of the matter is that land is of two categories: sulh and anwah. As for sulh, it is any land whose people have made a treaty regarding it so that it would belong to them, and they pay a known tribute (kharaj) for it. This land is the property of its owners, and this kharaj is in the status of jizya; whenever they embrace Islam, it is waived for them, and they have the right to sell it, gift it, and pledge it, because it is their property. The same applies if they make a treaty to pay something not fixed upon the land. Likewise, every land whose people embrace Islam willingly, such as the land of Medina and the like, this is the property of its owners, there is no kharaj upon it, and they have the right to dispose of it as they wish. As for the second [type], which is what is conquered by force (anwah), it is that from which its people were evacuated by the sword and it was not divided among the victors. This becomes an endowment (waqf) for the Muslims; a known kharaj is imposed upon it, taken from it every year, which serves as its rent, and it is left in the hands of its owners as long as they pay its kharaj, whether they are Muslims or among the People of the Dhimma. Its kharaj is not waived by the Islam of its owners, nor by its transfer to a Muslim, because it is in the position of its rent. We do not know that any of what was conquered by force was divided among