Reading from the author's text with commentary and collation of manuscripts: "And among what is similar to this
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The reader: "And among what is similar to this is that Ahmad's statement differed regarding a dhimmi purchasing land subject to the tithe from a Muslim, with two narrations existing. In one of them, he prohibited it, saying: Because there is no zakah on the dhimmi, and this would nullify the tithe, which is a harm to the Muslims. He said: Likewise, they are not permitted to lease land subject to the tithe for this reason. In the other narration, he said: There is no harm in a dhimmi purchasing land subject to the tithe from a Muslim. His statement also differed regarding what is due from the dhimmi on what this land produces, with two narrations existing. In one, he said: There is no tithe on him, and nothing other than the jizyah. In the other narration, he said: He owes on what comes out of this land five times the amount that was on the Muslim. Some of our scholars have narrated a report that they prohibit its purchase, and if they purchase it, they reduce the tithe on them. In Ahmad's words, there is an indication of this. If his statement differed regarding the permissibility of transferring ownership of the cultivator of the land subject to the tithe to them, because of the removal of the tithe involved"
The Shaykh : subject to the tithe
The reader: "If his statement differed regarding the permissibility of transferring ownership of the cultivator of the land subject to the tithe to them"
The Shaykh : Subject to the tithe means that which has zakah, because zakah is either the tithe or half the tithe
The reader: "because of the removal of the tithe involved, then the religious harm resulting from their disbelief and open sinfulness in a land that was for the Muslims, where Allah is worshipped and obeyed, is greater than the prevention of the tithe. For this reason, he hesitated: Is the harm removed by completely preventing ownership? Because if the sale is permitted, either the right of the Muslims is nullified, or zakah is taken from the disbelievers, and both are impossible. Therefore, preventing ownership is easier, just as we prevented them from owning a Muslim slave and a mushaf, because of it enabling the enemy of Allah to have access to the awliya and the speech of Allah"
The Shaykh : subject to the tithe
The reader: "If his statement differed regarding the permissibility of transferring ownership of the cultivator of the land subject to the tithe to them"
The Shaykh : Subject to the tithe means that which has zakah, because zakah is either the tithe or half the tithe
The reader: "because of the removal of the tithe involved, then the religious harm resulting from their disbelief and open sinfulness in a land that was for the Muslims, where Allah is worshipped and obeyed, is greater than the prevention of the tithe. For this reason, he hesitated: Is the harm removed by completely preventing ownership? Because if the sale is permitted, either the right of the Muslims is nullified, or zakah is taken from the disbelievers, and both are impossible. Therefore, preventing ownership is easier, just as we prevented them from owning a Muslim slave and a mushaf, because of it enabling the enemy of Allah to have access to the awliya and the speech of Allah"
