Reading from the author's text with commentary and collation of manuscripts
Machine translationRead the Arabic original
The reader: "And likewise, we prevent them, according to the apparent view of the school, from purchasing captives who have been allocated to the shares of the Muslims, as 'Umar ibn al-Khattab (may Allah be pleased with him) stipulated for them, or by removing the harm by leaving the right of the land upon him, just as it is taken from those among them who trade in the land of the Muslims, twice what is taken"
The Shaykh : in our view, in the land of Islam
The student: in my view, Islam
The reader: he said, in the letter Ta, "the land of Islam"
The Shaykh : Very well.
The reader: "or by removing the harm by leaving the right of the land upon him, just as it is taken from those among them who trade in the land of the Muslims, twice what is taken from the Muslims in zakah"
The Shaykh : in zakah, in my view
The reader: Yes, in my view, from zakah "it is taken from the Muslims in zakah, and it is derived that only one-tenth is taken from him, as in the following issue, and this is in the case of the tenth-rate land that is not kharaj-rate. As for the kharaj-rate land, they said: a dhimmi has no right to purchase land that the Muslims conquered by force. And if we permit the sale of land conquered by force, and if we permit the sale of land conquered by force"
The Shaykh : with the fathah
The reader: "And if we permit the sale of land conquered by force, then the ruling for a dhimmi in purchasing it is like his ruling in purchasing pure tenth-rate land, since all land is tenth-rate in our view and in the view of the majority"
The Shaykh : tenth-rate
The reader: "since all land is tenth-rate in our view and in the view of the majority, meaning that the tenth is obligatory on what it produces. And likewise, regarding dead land from the land of Islam that is not kharaj-rate, does a dhimmi have the right to own it by reviving it?
A group of scholars said that he does not have that right, and this is the view of al-Shafi'i and Ibn Hamid. This is the analogy of one of the two narrations from Ahmad regarding his prohibition of purchasing it, for if she is not permitted to own it through purchase, then she is even less permitted to own it through reviving it. However, a distinction may be made between the two: the one who purchases is buying a cultivated land, so there is a confirmed harm, unlike reviving dead land, which does not cut off a right. The textually established view from Ahmad, upon which the majority of his followers agree, is that she owns it through reviving it, and this is the view of Abu Hanifah. There is a difference of opinion regarding Malik. Then, regarding whether she owes the tenth, there are two narrations. Ibn Abi said, "
The Shaykh : The time has ended, especially regarding Ahmad, we stop at it. And what is the beginning for you? The explicit text from Ahmad, and the view of the majority of his followers, is that he owns it by reviving it, before what I said just now here, what I have reached the word "reached," meaning unlike the reviving of dead land, for it does not cut off a right, and the explicit text from Ahmad
The student: ...
The Shaykh : Okay, read with me: "and the explicit text from Ahmad"
The Shaykh : in our view, in the land of Islam
The student: in my view, Islam
The reader: he said, in the letter Ta, "the land of Islam"
The Shaykh : Very well.
The reader: "or by removing the harm by leaving the right of the land upon him, just as it is taken from those among them who trade in the land of the Muslims, twice what is taken from the Muslims in zakah"
The Shaykh : in zakah, in my view
The reader: Yes, in my view, from zakah "it is taken from the Muslims in zakah, and it is derived that only one-tenth is taken from him, as in the following issue, and this is in the case of the tenth-rate land that is not kharaj-rate. As for the kharaj-rate land, they said: a dhimmi has no right to purchase land that the Muslims conquered by force. And if we permit the sale of land conquered by force, and if we permit the sale of land conquered by force"
The Shaykh : with the fathah
The reader: "And if we permit the sale of land conquered by force, then the ruling for a dhimmi in purchasing it is like his ruling in purchasing pure tenth-rate land, since all land is tenth-rate in our view and in the view of the majority"
The Shaykh : tenth-rate
The reader: "since all land is tenth-rate in our view and in the view of the majority, meaning that the tenth is obligatory on what it produces. And likewise, regarding dead land from the land of Islam that is not kharaj-rate, does a dhimmi have the right to own it by reviving it?
A group of scholars said that he does not have that right, and this is the view of al-Shafi'i and Ibn Hamid. This is the analogy of one of the two narrations from Ahmad regarding his prohibition of purchasing it, for if she is not permitted to own it through purchase, then she is even less permitted to own it through reviving it. However, a distinction may be made between the two: the one who purchases is buying a cultivated land, so there is a confirmed harm, unlike reviving dead land, which does not cut off a right. The textually established view from Ahmad, upon which the majority of his followers agree, is that she owns it through reviving it, and this is the view of Abu Hanifah. There is a difference of opinion regarding Malik. Then, regarding whether she owes the tenth, there are two narrations. Ibn Abi said, "
The Shaykh : The time has ended, especially regarding Ahmad, we stop at it. And what is the beginning for you? The explicit text from Ahmad, and the view of the majority of his followers, is that he owns it by reviving it, before what I said just now here, what I have reached the word "reached," meaning unlike the reviving of dead land, for it does not cut off a right, and the explicit text from Ahmad
The student: ...
The Shaykh : Okay, read with me: "and the explicit text from Ahmad"