How do we reconcile the statement of Allah the Exalted: “But if they repent and establish prayer and give zakah, then they are your brothers in religion,” with the verse on jizyah?
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The questioner : My Shaykh, the statement of Allah Blessed and Exalted in Surat al-Tawbah: [At-Tawbah 9:11] We say that this is the Verse of the Sword and that it abrogated the treaties with the polytheists, and that those treaties are lifted, so it is necessary to fight them. Some of the youth say that there are other verses in the Book that granted the polytheists the option to pay the jizyah, as in the previous verse. What is your response, my Shaykh?
The Shaykh : ... the verse
The questioner : If they pay the jizyah
The Shaykh : What is in the first verse?
The questioner : “Then they are your brothers in religion” or ...
The Shaykh : ... the first verse with the verse on jizyah. I did not understand the question, so I am posing your question back to you: does the first verse conflict with the verse on jizyah?
The questioner : They differ in their apparent meaning
The Shaykh : How?
The questioner : If they pay the jizyah, leave them alone
The Shaykh : It is so.
The questioner : And the other verse says:[At-Tawbah 9:5] So how do we reconcile the fact that if they pay the jizyah, then this jizyah serves as a ransom for not establishing prayer and giving zakah?
The student: May Allah have mercy on you
The Shaykh : May Allah have mercy on you
The questioner : Clear, my Shaykh
The Shaykh : It is clear, but the question is strange. It seems the questioner assumes that the rulings of the Shari'ah, which are detailed in its chapters, must be gathered in a single verse. One does not collect the verses related to a chapter or a section, as the jurists say, and derive the rulings from that collection rather than from a single verse. For example, when Allah Mighty and Majestic mentioned the prohibited things, He mentioned among them[An-Nisa 4:23] Can one imagine ... how do we reconcile this verse with his statement (peace and blessings be upon him): Sunan Ibn Majah 1937Sahih (Darussalam) Is there a contradiction? The answer is obvious: there is no contradiction. This text is general; this text is general. That is, Sunan Ibn Majah 1937Sahih (Darussalam) [An-Nisa 4:23] is a part of this general text. Is that clear up to this point?
The questioner : Yes
The Shaykh : And you are not with me
The questioner : Do you have them with you?
The Shaykh : ... , so if you are with me now, the verse on jizyah says “fight them until they pay the jizyah,” okay ... there are two rulings
The student: Peace be upon you.
The Shaykh : Peace be upon you. The verse contains two rulings: one is fighting them, and the second ruling is paying the jizyah. Okay, the verse you mentioned contains two other rulings: fighting them unless they establish prayer and give zakah, and so on. Where is the contradiction between the two verses? Here it mentions ... yes
The questioner : The contradiction in the questioner's mind ... is that if they pay the jizyah, do not fight them, whereas in the other verse ... it negates paying the jizyah by fighting until they establish prayer and give zakah
The Shaykh : My dear, I brought you an example
The questioner : ...
The Shaykh : No, do not make that leap. No, no, if you want ...
The questioner : With the explanation, meaning
The Shaykh : ... I want to explain to you how the verses can be reconciled and how the claim of those who say that this ... can be refuted
These people whom we were commanded to fight in the verse on jizyah, if they come with a third, do we fight them?
The questioner : ...
The Shaykh : Where did we take this ruling from? From the first verse
The questioner : ...
The Shaykh : Okay, so they did not accept Islam and they
The student: ...
The Shaykh : May Allah guide you. May Allah guide you.
The student: Amen.
The Shaykh : If they did not accept Islam and did not establish prayer and did not give zakah, what happens?
The questioner : We kill them
The Shaykh : ... disbelievers before we say we kill them. These disbelievers, what did our Lord command us in the second verse, the verse on jizyah? ...
The questioner : If they pay the jizyah, we leave them alone
The Shaykh : Okay, where is the contradiction? There is no contradiction. This is a matter of fact.
The second thing: ... and he (peace and blessings be upon him) said: ...
The questioner : Would this be in a specific situation, my Shaykh, or is this general?
The Shaykh : It is general, without a doubt. But ... what do you mean by “one of the situations”?
The questioner : I mean, for example, in certain circumstances, the fighting of Muslims against polytheists is either Islam or jizyah, in that order, or is it possible that this is general for all times, my Shaykh, meaning ...
The Shaykh : Define this. What is fighting them without jizyah?
The questioner : ... in the early days of Islam, my Shaykh
The Shaykh : Fighting them without jizyah. Define your statement. When you say this, what is this?
The questioner : You just mentioned Islam or jizyah. Islam
The Shaykh : Immediately, this
The questioner : Yes
The Shaykh : Immediately, I say this
The questioner : Immediately
The Shaykh : Yes
The student: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings. Please, go ahead.
But if they repent, establish prayer, and give zakah, then they are your brothers in religion
فإن تابوا وأقاموا الصلاة وآتوا الزكاة فإخوانكم في الدينThe Shaykh : ... the verse
The questioner : If they pay the jizyah
The Shaykh : What is in the first verse?
The questioner : “Then they are your brothers in religion” or ...
The Shaykh : ... the first verse with the verse on jizyah. I did not understand the question, so I am posing your question back to you: does the first verse conflict with the verse on jizyah?
The questioner : They differ in their apparent meaning
The Shaykh : How?
The questioner : If they pay the jizyah, leave them alone
The Shaykh : It is so.
The questioner : And the other verse says:
But if they should repent, establish prayer, and give zakah, let them [go] on their way
فإن تابوا وأقاموا الصلاة وآتوا الزكاة فخلوا سبيلهمThe student: May Allah have mercy on you
The Shaykh : May Allah have mercy on you
The questioner : Clear, my Shaykh
The Shaykh : It is clear, but the question is strange. It seems the questioner assumes that the rulings of the Shari'ah, which are detailed in its chapters, must be gathered in a single verse. One does not collect the verses related to a chapter or a section, as the jurists say, and derive the rulings from that collection rather than from a single verse. For example, when Allah Mighty and Majestic mentioned the prohibited things, He mentioned among them
your [milk] mothers who nursed you
أمهاتكم اللاتي أرضعنكمBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبyour [milk] mothers who nursed you
وأمهاتكم اللاتي أرضعنكمThe questioner : Yes
The Shaykh : And you are not with me
The questioner : Do you have them with you?
The Shaykh : ... , so if you are with me now, the verse on jizyah says “fight them until they pay the jizyah,” okay ... there are two rulings
The student: Peace be upon you.
The Shaykh : Peace be upon you. The verse contains two rulings: one is fighting them, and the second ruling is paying the jizyah. Okay, the verse you mentioned contains two other rulings: fighting them unless they establish prayer and give zakah, and so on. Where is the contradiction between the two verses? Here it mentions ... yes
The questioner : The contradiction in the questioner's mind ... is that if they pay the jizyah, do not fight them, whereas in the other verse ... it negates paying the jizyah by fighting until they establish prayer and give zakah
The Shaykh : My dear, I brought you an example
The questioner : ...
The Shaykh : No, do not make that leap. No, no, if you want ...
The questioner : With the explanation, meaning
The Shaykh : ... I want to explain to you how the verses can be reconciled and how the claim of those who say that this ... can be refuted
These people whom we were commanded to fight in the verse on jizyah, if they come with a third, do we fight them?
The questioner : ...
The Shaykh : Where did we take this ruling from? From the first verse
The questioner : ...
The Shaykh : Okay, so they did not accept Islam and they
The student: ...
The Shaykh : May Allah guide you. May Allah guide you.
The student: Amen.
The Shaykh : If they did not accept Islam and did not establish prayer and did not give zakah, what happens?
The questioner : We kill them
The Shaykh : ... disbelievers before we say we kill them. These disbelievers, what did our Lord command us in the second verse, the verse on jizyah? ...
The questioner : If they pay the jizyah, we leave them alone
The Shaykh : Okay, where is the contradiction? There is no contradiction. This is a matter of fact.
The second thing: ... and he (peace and blessings be upon him) said:
If you meet the polytheists, call them to one of three things
إذا لقيتم المشركين فادعوهم إلى إحدى ثلاثIslam. If they accept Islam, they have what we have and they are bound by what we are bound by. If they refuse, then jizyah. If they refuse, then fight them
الإسلام فإن أسلموا فلهم ما لنا وعليهم ما علينا فإن أبوا فالجزية فإن أبوا فقاتلوهمThe questioner : Would this be in a specific situation, my Shaykh, or is this general?
The Shaykh : It is general, without a doubt. But ... what do you mean by “one of the situations”?
The questioner : I mean, for example, in certain circumstances, the fighting of Muslims against polytheists is either Islam or jizyah, in that order, or is it possible that this is general for all times, my Shaykh, meaning ...
The Shaykh : Define this. What is fighting them without jizyah?
The questioner : ... in the early days of Islam, my Shaykh
The Shaykh : Fighting them without jizyah. Define your statement. When you say this, what is this?
The questioner : You just mentioned Islam or jizyah. Islam
The Shaykh : Immediately, this
The questioner : Yes
The Shaykh : Immediately, I say this
The questioner : Immediately
The Shaykh : Yes
The student: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings. Please, go ahead.