Taking the Jizyah from Disbelievers When Their Lands Are Conquered
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Question:
If Muslims enter a land of disbelief to conquer it, is it prescribed for them to take the jizyah and not fight them, or is it necessary to fight everyone except the People of the Book?
Answer:
If Allah makes that easy, and the matter of jihad is established, and the Muslims enter this land of disbelief, they are of different categories. If they are Jews, Christians, or Zoroastrians, they accept the jizyah if they agree to it and do not fight, provided they pay the jizyah. They do not agree to it every year according to their circumstances; rather, the one in authority imposes it on them for the benefit of the Muslims and to protect the Muslims. Even if we subdue them, they may submit to entering Islam afterwards. As for if they are polytheists, not Jews, not Christians, and not Zoroastrians, but other categories, the well-known view among the scholars of knowledge is that they are fought, so it is either Islam or fighting, and they are not ordered to pay the jizyah. A group of scholars of knowledge said there is no harm from the other disbelievers except the Arabs, for the Arabs did not accept the Prophet (peace and blessings be upon him) as they accepted him, but they fought them until they entered the religion of Allah. As for the non-Arab foreigners, all of them, there is no harm in their accepting the jizyah if they offer it, even if they are not Jews, not Christians, and not Zoroastrians, but have other beliefs and other beliefs of polytheism and the like. This is their acceptance, and if they do not reform, they are fought until they submit, as the majority of scholars of knowledge said. As for the Jews, Christians, and Zoroastrians, the scholars have agreed that the jizyah is accepted from them by the text of the Messenger (peace and blessings be upon him), and by the text of the Jews and Christians. If they offer the jizyah, then it is obligatory to take it from the Christians and Zoroastrians, and to accept their remaining on their religion and to protect them from their enemies until they submit or continue to offer the jizyah, submitting to the conditions imposed on them and committing to them.
If Muslims enter a land of disbelief to conquer it, is it prescribed for them to take the jizyah and not fight them, or is it necessary to fight everyone except the People of the Book?
Answer:
If Allah makes that easy, and the matter of jihad is established, and the Muslims enter this land of disbelief, they are of different categories. If they are Jews, Christians, or Zoroastrians, they accept the jizyah if they agree to it and do not fight, provided they pay the jizyah. They do not agree to it every year according to their circumstances; rather, the one in authority imposes it on them for the benefit of the Muslims and to protect the Muslims. Even if we subdue them, they may submit to entering Islam afterwards. As for if they are polytheists, not Jews, not Christians, and not Zoroastrians, but other categories, the well-known view among the scholars of knowledge is that they are fought, so it is either Islam or fighting, and they are not ordered to pay the jizyah. A group of scholars of knowledge said there is no harm from the other disbelievers except the Arabs, for the Arabs did not accept the Prophet (peace and blessings be upon him) as they accepted him, but they fought them until they entered the religion of Allah. As for the non-Arab foreigners, all of them, there is no harm in their accepting the jizyah if they offer it, even if they are not Jews, not Christians, and not Zoroastrians, but have other beliefs and other beliefs of polytheism and the like. This is their acceptance, and if they do not reform, they are fought until they submit, as the majority of scholars of knowledge said. As for the Jews, Christians, and Zoroastrians, the scholars have agreed that the jizyah is accepted from them by the text of the Messenger (peace and blessings be upon him), and by the text of the Jews and Christians. If they offer the jizyah, then it is obligatory to take it from the Christians and Zoroastrians, and to accept their remaining on their religion and to protect them from their enemies until they submit or continue to offer the jizyah, submitting to the conditions imposed on them and committing to them.
Source
ندوات الجامع الكبير مع الأسئلة - 39 — archive.org (53:44)
The Arabic text is a machine transcription of the audio recording.