Reading from the author's text with commentary and collation of manuscripts
Machine translationRead the Arabic original
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in his book *Iqtida' al-Sirat al-Mustaqim* "The explicit ruling of Ahmad and the majority of his followers hold this view is that he acquires ownership of it through reclamation, which is the view of Abu Hanifah, and there is a difference of opinion regarding Malik. Then, is the tenth due on it? There are two narrations. Ibn Abi Musa said: 'And if a person from among the People of the Book reclaims dead land, it is his, and no zakah is due on it, nor is the tenth due on what it produces.' And another narration was reported from him: 'That there is no land tax on the People of the Book in their land, and the tenth is taken from them of what it produces, and it is doubled upon them.' And the first is more apparent from him. So this which Ibn Abi Musa cited regarding the doubling of the tenth on what one owns through reclamation is an analogy to the doubling of it on what one owns through purchase. But Harb narrated from him regarding a man from the People of the Book who reclaims dead land, saying: 'It is the tenth.' So the Qadi and others among the companions understood that the obligatory amount is the tenth taken"
The Shaykh : that the obligatory amount is the tenth
The reader: "that the obligatory amount is the tenth taken from the Muslim without doubling, so they cited two narrations regarding the obligation of the tenth on it"
The Shaykh : two narrations
The reader: Yes "so they cited two narrations regarding the obligation of the tenth on it, and Ibn Abi Musa cited the two narrations regarding the obligation of a doubled tenth, and according to the Qadi's method, it is derived in the issue of purchase similarly, and this"
The Shaykh : is derived from
The reader: "is derived in the issue of purchase similarly"
The Shaykh : in my view from the issue, in your view in
The Reader: Yes.
The Shaykh : remove it from the copy
The reader: "And according to the method of the Qadi, one derives the ruling from the issue of purchasing. This is what Ibn Abi Musa transmitted, and it is the most correct. For al-Kirmani, Muhammad ibn Abi Harb, Ibrahim ibn Hani', and Ya'qub ibn Bakhtan transmitted from Ahmad that Ahmad was asked, and Harb said: I asked Ahmad, saying: If a man from among the People of the Book revives dead land, what is upon him? He said: As for me, I say he owes nothing. He said: And the people of Madinah say something good in this matter; they say that a dhimmi is not prevented from purchasing land subject to the tenth. He said: And the people of Basra say something astonishing; they say the tenth is doubled upon him. He said: And I asked Ahmad another time, saying: If a man from among the People of the Book revives dead land, he said: It is the tenth. And he said another time: He owes nothing.
Harb narrated from 'Ubayd Allah ibn al-Hasan al-'Anbari that he was asked, "Do you take the fifth from the land of the People of the Book in the land of the Arabs based on a report or without a report?" He said, "We have no report regarding it, but we analogized it to what 'Umar (may Allah be pleased with him) ordered to be taken from their wealth when they traded with it or passed it through a customs station."
The Shaykh : The collector of the tenth
The reader: "and pass it by the collectors of the tenth"
The Shaykh : The collector of the tenth is the one who collects the tenth
The reader: "So Ahmad (may Allah be pleased with him) was asked about a dhimmi reviving land, and he answered that nothing is required of him. He mentioned the disagreement among jurists regarding the issue of his purchasing land: whether it prevents him from paying the tenth or weakens it for him. This shows you that the two issues are one in his view: the dhimmi's ownership of land subject to the tenth, whether by purchase, revival, or otherwise. Al-'Anbari, the judge of the people of Basra, also mentioned that they take the fifth from all the land of the People of the Book subject to the tenth, which covers what is owned by transfer or by initial acquisition. This benefits you in knowing that if Ahmad prevents the dhimmi from purchasing land subject to the tenth, he likewise prevents him from reviving it, and if he takes the fifth from what he purchased, he likewise takes it from what he revived. And whoever narrated from him a single tenth for revived land without the purchased land is not correct; rather, the cause is his statement in the other narration transmitted by al-Karmani: "It is land subject to the tenth." But this is a general statement that Abu 'Abdullah explained in another place, clarifying its basis. He transmitted, and transmitted the fiqh, even if the transmitter did not know the jurist's basis.
The Shaykh : And he transmitted the jurisprudence if the transmitter did not know
The reader: "And he transmitted the jurisprudence if the transmitter did not know the basis of the jurist's ruling, otherwise he often falls into error. And the proponents of this opinion have clarified that their basis is the analogy of cultivation to trade. For if a dhimmi trades in a land other than his own, he is taken twice what is taken from the Muslims, which is half the tenth. So likewise, if he newly cultivates land other than his own, because in both places he has taken to earning in a place other than his original place. And the right of cultivation and trade are companions, as in the saying of Allah the Exalted:[Al-Baqarah 2:267]"
The Shaykh : I am with those who have a copy like mine, it is correct
The reader: "And Ahmad said in the narration of al-Maimuni: The wealth of the People of the Book is taken when they trade in it; it is appraised, and then its zakah is taken from them twice, doubled upon them, due to the statement of 'Umar (may Allah be pleased with him): "Double it upon them." Some people compared crops to that. Al-Maimuni said: What is certain from the statement of Abu 'Abdullah, which he said more than once, is that the land of the People of the Book in the treaty is not subject to kharaj (land tax); rather, one looks at what it produces, and the tenth is taken from it twice. Al-Maimuni said: I said to Abu 'Abdullah, "What about the one who purchases land subject to the tenth?" He said to me, "All people differ on this. Some do not see anything required of him, comparing it to wealth that has no zakah in it if he is resident among us, and to his livestock, saying, 'These are wealth and there is no charity required of him in them.' And some say, 'These are rights of people, and his purchasing the land does not remove the rights of these people.'"
The Shaykh : Does it remove or does it remove, it is correct, yes
The reader: "And al-Hasan said: If he purchases it, it is doubled upon him. I said: How is it doubled upon him? He said: Because the tenth is upon him, so the fifth is taken from him. I said: Do you intend to double it upon him so that the fifth is taken from him? He turned to me and said:
The Shaykh : I said: Do you go, in your view, to the extent that it removes
The Reader: Yes.
The Shaykh : Not with the ta, because he is now questioning Imam Ahmad
The reader: "I said: Do you intend to double it upon him so that the fifth is taken from him? He turned to me and said: Yes, it is doubled upon him. And we mentioned to Abu 'Abdullah that Malik held that nothing should be taken from them, and he prevented them from purchasing any of it. This narration is the choice of al-Khallal, and it is a major issue, and this is not the place to detail it. The jurists also differ on this issue, as Abu 'Abdullah mentioned. So whoever narrated from him the doubling of the tenth...
The Shaykh : From whom, from whom
The reader: "Among those from whom the doubling of the tenth is narrated are 'Umar ibn 'Abd al-'Aziz, al-Hasan al-Basri, and others from the people of Basra, and some of them narrate it from 'Umar ibn al-Khattab (may Allah be pleased with him), and it is the statement of...
The Shaykh : Do you have 'Umar ibn 'Abd al-'Aziz
The Reader: Yes.
The Shaykh : And what is after
The reader: And al-Hasan al-Basri
The Shaykh : Yes, after him.
The reader: And others from the people of Basra
The Shaykh : Others, yes, I think you have gathered them all, yes
The reader: "Some of them narrate it from 'Umar ibn al-Khattab (may Allah be pleased with him), and it is the statement of Abu Yusuf. And some said: Rather, the tenth is taken as it was, like the statement mentioned by some of our companions. This is narrated from al-Thawri and Muhammad ibn al-Hasan. It is also reported from al-Thawri that nothing is required of him, like the other narration from Ahmad. This is also narrated from Malik, and from Malik that he is ordered to sell it. That is also reported from al-Hasan ibn Salih and Shurayk, and it is the statement of al-Shafi'i. And Abu Thawr said: He is forced to sell it. And the analogy of the statement of the one who doubles the tenth is that if a musta'min (non-Muslim granted safe conduct) planted in the abode of Islam, the required amount would be fifty...
The Shaykh : Fifty, the obligatory upon him would be fifty
The reader: "the required amount would be fifty times the amount."
The Shaykh : times
The reader: "times what is taken from the dhimmi, just as if he trades in the abode of Islam, the tenth is taken from him doubled, the tenth is taken from him doubled, what is taken from the dhimmi"
The Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in his book *Iqtida' al-Sirat al-Mustaqim* "The explicit ruling of Ahmad and the majority of his followers hold this view is that he acquires ownership of it through reclamation, which is the view of Abu Hanifah, and there is a difference of opinion regarding Malik. Then, is the tenth due on it? There are two narrations. Ibn Abi Musa said: 'And if a person from among the People of the Book reclaims dead land, it is his, and no zakah is due on it, nor is the tenth due on what it produces.' And another narration was reported from him: 'That there is no land tax on the People of the Book in their land, and the tenth is taken from them of what it produces, and it is doubled upon them.' And the first is more apparent from him. So this which Ibn Abi Musa cited regarding the doubling of the tenth on what one owns through reclamation is an analogy to the doubling of it on what one owns through purchase. But Harb narrated from him regarding a man from the People of the Book who reclaims dead land, saying: 'It is the tenth.' So the Qadi and others among the companions understood that the obligatory amount is the tenth taken"
The Shaykh : that the obligatory amount is the tenth
The reader: "that the obligatory amount is the tenth taken from the Muslim without doubling, so they cited two narrations regarding the obligation of the tenth on it"
The Shaykh : two narrations
The reader: Yes "so they cited two narrations regarding the obligation of the tenth on it, and Ibn Abi Musa cited the two narrations regarding the obligation of a doubled tenth, and according to the Qadi's method, it is derived in the issue of purchase similarly, and this"
The Shaykh : is derived from
The reader: "is derived in the issue of purchase similarly"
The Shaykh : in my view from the issue, in your view in
The Reader: Yes.
The Shaykh : remove it from the copy
The reader: "And according to the method of the Qadi, one derives the ruling from the issue of purchasing. This is what Ibn Abi Musa transmitted, and it is the most correct. For al-Kirmani, Muhammad ibn Abi Harb, Ibrahim ibn Hani', and Ya'qub ibn Bakhtan transmitted from Ahmad that Ahmad was asked, and Harb said: I asked Ahmad, saying: If a man from among the People of the Book revives dead land, what is upon him? He said: As for me, I say he owes nothing. He said: And the people of Madinah say something good in this matter; they say that a dhimmi is not prevented from purchasing land subject to the tenth. He said: And the people of Basra say something astonishing; they say the tenth is doubled upon him. He said: And I asked Ahmad another time, saying: If a man from among the People of the Book revives dead land, he said: It is the tenth. And he said another time: He owes nothing.
Harb narrated from 'Ubayd Allah ibn al-Hasan al-'Anbari that he was asked, "Do you take the fifth from the land of the People of the Book in the land of the Arabs based on a report or without a report?" He said, "We have no report regarding it, but we analogized it to what 'Umar (may Allah be pleased with him) ordered to be taken from their wealth when they traded with it or passed it through a customs station."
The Shaykh : The collector of the tenth
The reader: "and pass it by the collectors of the tenth"
The Shaykh : The collector of the tenth is the one who collects the tenth
The reader: "So Ahmad (may Allah be pleased with him) was asked about a dhimmi reviving land, and he answered that nothing is required of him. He mentioned the disagreement among jurists regarding the issue of his purchasing land: whether it prevents him from paying the tenth or weakens it for him. This shows you that the two issues are one in his view: the dhimmi's ownership of land subject to the tenth, whether by purchase, revival, or otherwise. Al-'Anbari, the judge of the people of Basra, also mentioned that they take the fifth from all the land of the People of the Book subject to the tenth, which covers what is owned by transfer or by initial acquisition. This benefits you in knowing that if Ahmad prevents the dhimmi from purchasing land subject to the tenth, he likewise prevents him from reviving it, and if he takes the fifth from what he purchased, he likewise takes it from what he revived. And whoever narrated from him a single tenth for revived land without the purchased land is not correct; rather, the cause is his statement in the other narration transmitted by al-Karmani: "It is land subject to the tenth." But this is a general statement that Abu 'Abdullah explained in another place, clarifying its basis. He transmitted, and transmitted the fiqh, even if the transmitter did not know the jurist's basis.
The Shaykh : And he transmitted the jurisprudence if the transmitter did not know
The reader: "And he transmitted the jurisprudence if the transmitter did not know the basis of the jurist's ruling, otherwise he often falls into error. And the proponents of this opinion have clarified that their basis is the analogy of cultivation to trade. For if a dhimmi trades in a land other than his own, he is taken twice what is taken from the Muslims, which is half the tenth. So likewise, if he newly cultivates land other than his own, because in both places he has taken to earning in a place other than his original place. And the right of cultivation and trade are companions, as in the saying of Allah the Exalted:
spend from the good things which you have earned and from that which We have produced for you from the earth
أنفقوا من طيبات ما كسبتم ومما أخرجنا لكم من الأرضThe Shaykh : I am with those who have a copy like mine, it is correct
The reader: "And Ahmad said in the narration of al-Maimuni: The wealth of the People of the Book is taken when they trade in it; it is appraised, and then its zakah is taken from them twice, doubled upon them, due to the statement of 'Umar (may Allah be pleased with him): "Double it upon them." Some people compared crops to that. Al-Maimuni said: What is certain from the statement of Abu 'Abdullah, which he said more than once, is that the land of the People of the Book in the treaty is not subject to kharaj (land tax); rather, one looks at what it produces, and the tenth is taken from it twice. Al-Maimuni said: I said to Abu 'Abdullah, "What about the one who purchases land subject to the tenth?" He said to me, "All people differ on this. Some do not see anything required of him, comparing it to wealth that has no zakah in it if he is resident among us, and to his livestock, saying, 'These are wealth and there is no charity required of him in them.' And some say, 'These are rights of people, and his purchasing the land does not remove the rights of these people.'"
The Shaykh : Does it remove or does it remove, it is correct, yes
The reader: "And al-Hasan said: If he purchases it, it is doubled upon him. I said: How is it doubled upon him? He said: Because the tenth is upon him, so the fifth is taken from him. I said: Do you intend to double it upon him so that the fifth is taken from him? He turned to me and said:
The Shaykh : I said: Do you go, in your view, to the extent that it removes
The Reader: Yes.
The Shaykh : Not with the ta, because he is now questioning Imam Ahmad
The reader: "I said: Do you intend to double it upon him so that the fifth is taken from him? He turned to me and said: Yes, it is doubled upon him. And we mentioned to Abu 'Abdullah that Malik held that nothing should be taken from them, and he prevented them from purchasing any of it. This narration is the choice of al-Khallal, and it is a major issue, and this is not the place to detail it. The jurists also differ on this issue, as Abu 'Abdullah mentioned. So whoever narrated from him the doubling of the tenth...
The Shaykh : From whom, from whom
The reader: "Among those from whom the doubling of the tenth is narrated are 'Umar ibn 'Abd al-'Aziz, al-Hasan al-Basri, and others from the people of Basra, and some of them narrate it from 'Umar ibn al-Khattab (may Allah be pleased with him), and it is the statement of...
The Shaykh : Do you have 'Umar ibn 'Abd al-'Aziz
The Reader: Yes.
The Shaykh : And what is after
The reader: And al-Hasan al-Basri
The Shaykh : Yes, after him.
The reader: And others from the people of Basra
The Shaykh : Others, yes, I think you have gathered them all, yes
The reader: "Some of them narrate it from 'Umar ibn al-Khattab (may Allah be pleased with him), and it is the statement of Abu Yusuf. And some said: Rather, the tenth is taken as it was, like the statement mentioned by some of our companions. This is narrated from al-Thawri and Muhammad ibn al-Hasan. It is also reported from al-Thawri that nothing is required of him, like the other narration from Ahmad. This is also narrated from Malik, and from Malik that he is ordered to sell it. That is also reported from al-Hasan ibn Salih and Shurayk, and it is the statement of al-Shafi'i. And Abu Thawr said: He is forced to sell it. And the analogy of the statement of the one who doubles the tenth is that if a musta'min (non-Muslim granted safe conduct) planted in the abode of Islam, the required amount would be fifty...
The Shaykh : Fifty, the obligatory upon him would be fifty
The reader: "the required amount would be fifty times the amount."
The Shaykh : times
The reader: "times what is taken from the dhimmi, just as if he trades in the abode of Islam, the tenth is taken from him doubled, the tenth is taken from him doubled, what is taken from the dhimmi"