Does the one who fights the imam over the zakah become a disbeliever?
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Question : And does the one who fights the imam over the zakah become a disbeliever? There are two narrations on this. One is that he becomes a disbeliever, based on the saying of Allah the Exalted: [At-Tawbah 9:11] This indicates that they are not brothers in religion except by paying it. Also, al-Siddiq (may Allah be pleased with him) said to the one who withholds the zakah: "No, until you testify that Sunan al-Bayhaqi 16:279 The second narration is that he does not become a disbeliever, because the Companions (may Allah be pleased with them) initially refrained from fighting them, which indicates that they did not believe them to be disbelievers. Then they agreed to fight, and the state of disbelief remained as the default.
Answer : The default is that they are not disbelievers. However, among the apostates in the time of Abu Bakr (may Allah be pleased with him), some said, "We do not pay the zakah because it is a jizyah, or like a jizyah," so they refused to pay. These are fought as apostates because they denied its obligation. As for those who denied it out of stinginess, or said, "We do not pay it except to the Messenger (peace and blessings be upon him), and we do not pay it to anyone after him," these are not killed for disbelief, but they are fought and killed until they surrender.
But if they repent, establish prayer, and give zakah, then they are your brothers in religion
فَإِن تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِOur slain are in Paradise, and your slain are in the Fire
قتلانا في الجنة وقتلاكم في النارAnswer : The default is that they are not disbelievers. However, among the apostates in the time of Abu Bakr (may Allah be pleased with him), some said, "We do not pay the zakah because it is a jizyah, or like a jizyah," so they refused to pay. These are fought as apostates because they denied its obligation. As for those who denied it out of stinginess, or said, "We do not pay it except to the Messenger (peace and blessings be upon him), and we do not pay it to anyone after him," these are not killed for disbelief, but they are fought and killed until they surrender.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2397 - هل يكفر من قاتل الإمام على الزكاة؟ الكافي في فقه الإمام أحمد بن حنبل - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
