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,'' soUmar 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 AIIah, 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 there was 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 except as
jizya."
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 payed the jizya from paying the jizya if they became muslims.
Malik said, "The 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 on 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 haveto pay a tenth. Whoever
among them does business with the people of Egypt, and then goes to
Syria, and then does business with the people of Syria and then goes
to Iraq and does 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. The sunna still continues like
that. 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."
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 cargo to Madina. He would take a tenth from pulses.
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
Masud in the market of Madina in the time of Umar ibn al-Khattab and
we used to take a tenth from the Nabateans."
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."
Yahya related to me from Zayd ibn Aslam that his father said that
he had heard Umar ibn al-Khattab say, "I once gave a noble horse to
carry somebody 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.' "
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab gave a horse to carry some one 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."
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 forall his mukatabs, his mudabbars, and
his ordinary slaves, whether they are present or absent, as long as
they are muslim, and whether or not they are fortrade. 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 fo rhim 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."
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.
Yahya related to me from Malik from Zayd ibn Aslam from lyad ibn
Abdullah ibn Sad ibn Abi Sarh al-Amiri that he had heard Abu Said 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 . "
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
used to send the zakat al-fitr to the one with whom it was collected
together two or three days before the day of breaking the fast.