43. As usual, we shall collect reports on Hunayn battle as found in various tafsir works, with Ibn Jarir's commentary coming from Qatadah as the basis:

Hunayn

Hunayn is a watering place between Ta'if and Makkah. (A deep and irregular valley, with clusters of palm trees, situated at a day's journey from Mecca on one of the roads to Ta’if: Majid). The Prophet fought the tribes of Hawazin and Thaqif at this place. (Banu Sa`d, Banu Awza`, Banu `Amir, Banu `Awn and a few of Banu Hilal, were also with them: Ibn Kathir). The chief instigator of the war was Malik b. `Awf. He coaxed the surrounding tribes to war against the Prophet. Some responded to the call, some refused. It was he who had suggested that they take their women, children and beasts along, so that their men do not flee leaving behind their women and children. This he though would ensure victory. When the Prophet heard of the preparations, he decided to advance to meet them in the open. (He left behind `Attab b. Asid as the governor of Makkah and Mu`adh ibn Jabal as the teacher: Shafi`). The Banu Hawazin were led by Malik b. `Awf, and Banu Thaqif by `Abd Ya Leel b. `Amr. (They first landed at a valley called Awtas: Qurtubi). It is said that the Prophet had 12,000 men with him, 10,000 of whom were from the Ansar and Muhajirun and the rest new Muslims. (Apart from the 2,000 Makkans, a large number of uncommitted non Muslim Makkans also followed him, hoping to cash on in case of Muslim defeat: Shafi`). The forces that had lined up against the Muslims were only 8000. It is also reported that the Prophet borrowed a couple of hundred breast-shields from a pagan called Safwan ibn Umayyah b. Khalf and some 30 to 40,000 in cash from Rabi`ah al Makhzumi. (It is noticeable that the Prophet, having subdued Makkah: Au.] could as well have seized the arms from the Makkan Pagans. But he did not, rather, took them on loan: Shafi`. The report is in Ibn Majah: Qurtubi). Thus equipped the Prophet marched out. (It is said that the request made to the Prophet to the effect that a “Dhat Anwat” be established for them was made during this journey: Qurtubi. It is also reported that the famous incident of a bedouin taking the Prophet by surprise under a tree also occurred in this journey. The Prophet woke up to find a bedouin flashing his sword over him. "Who will save you now?" The bedouin asked. "Allah," was the calm answer from the Prophet. Those words struck terror into the heart of the unbeliever. His sword fell off his hand. The Prophet picked it up and asked, "Who will save you now?" The bedouin replied, "Be the best of those who take up [the sword]." The Prophet forgave him: Shafi`).

(As they descended into the Hunayn valley, the Prophet sent `Abdullah b. Hidad to spy on the unbelievers' army. He spent two days among them. Malik b. `Awf was telling them that Muhammad was yet to face real fighters: Shafi`). As the Muslims prepared themselves for the battle, somebody remarked that they could not lose that day's battle for want of numbers. (The Prophet did not like the statement: Shawkani from Ibn Abi Hatim. Some others have said that the Prophet himself had made the statement: Ibn Jarir, Zamakhshari. But, Imam Razi remarks that such a statement is least expected from a man of such character as the Prophet). [Some others have said that it was Salamah b. Salaamah b. Waqsh who made that statement, but all the reports narrated in this connection are weak: Dr. Mahdi Rizqullah in his Seerah: Au.].

At all events, when fighting began, most of the Muslims fled. (What happened was that) Banu Hawazin had hidden their archers behind the hills. As soon as the Muslims advanced, they showered them with arrows. As the Muslims dispersed in confusion, their swordsmen attacked them from all sides. The Muslims fled: Ibn Kathir. (‘On leaving the narrow oasis of Hunayn, the road enters winding gorges suitable for ambuscade. In them Malik b. `Awf awaited the Muslims, coming along in no order and not suspecting to the presence of the enemy'.. "Staggered by the unexpected onslaught, column after column fell back and choked the narrow pass. Aggravated by the obscurity of the hour and the straitness of the ragged road, panic seized the army.. In the narrow and precipitous pass, their great numbers, of which they had been vaingloriously proud, only added to the difficulty.: Majid from ‘EI' and "W. Muir").

According to Suddi, Abu Sufyan and Ayman b. Umm Ayman (who was later martyred in the same battle: Qurtubi), were of those who did not flee. (Actually, some 100 men remained with the Prophet, including Usama b. Zayd: Ibn Kathir. Qurtubi adds: Also among those that remained with him were Abu Bakr, `Umar, and, of all, Umm Sulaym holding the reins of Abu Talha's camel, with a dagger in her hand).

According to a report originating from `Abbas himself, when he discovered that the people had fled, except for Abu Sufyan, he went to the Prophet and took the reins of his mule (a grey beast called Duldul: Qurtubi) in his hand (to prevent it from advancing any further: Ibn Kathir.). The Prophet came down his mule and asked `Abbas to call back the Ansar and the Muhajirun. (`Abbas was a man of loud voice). He called out: ‘Where are the Ansar? where are the Muhajirun?' and added, "Where are the people of surah al Baqarah?" According to another report, the Prophet told him to call out in words, "Where are the people of the Tree," i.e., of By`ah al Ridwan. At that the Ansar and Muhajirun turned back and flocked around the Prophet. `Abbas said they came back running to him like a she camel hurrying toward its young one. (Shawkani reports from Ibn Abi Hatim that the Ansar burst into tears when they heard their name called).

The Prophet picked up a handful of sand and threw it on the pagans. (Later, the Hawazin men reported that when the Prophet threw the sand in their faces, ‘Not one of us was left whose eyes were not filled with sand. And we heard the sounds of steel, as if someone was rubbing a piece of iron on a steel plate’: Musnad Ahmad Ibn Kathir). Allah sent down His help and the Muslims emerged victorious collecting plenty of booty. (In fact, Hunayn was not a battle: it was the story of two routs: first of the Muslims and second of the Hawazin. The pagans retreated in such haste that they left behind their women and children, some of whom were, in fact, killed in the confusion: Majid. Even Malik b. `Awf fled and escaped to his fort having abandoned his wife and children: Shafi`). Some 6000 of them men, women and children were taken captives. `And the number of camels captured were a staggering 24,000:' Majid from ‘EI'. The number of goats captured were somewhere 40,000: Shafi`).

Abu Is haq has reported that he heard a conversation between Bara' b. `Azib and another man. The man said, "Did you flee the battle field in Hunayn?" Bara' said, "Very much, but not the Prophet. You see, what happened was that the Banu Hawazin were very good archers. When the battle began, we attacked them with swords. They could not withstand that and fled. We went after the booty. They re assembled and showered arrows on us. We fled. But the Prophet did not flee. I saw him on his white mule with Abu Sufyan holding the reins. He came down saying:

أَنَا النَّبِىُّ لاَ كَذِبْ

أَنَا ابْنُ عَبْدِ الْمُطَّلِبْ

I'm a Prophet, that's not a lie

I'm a son of ibn `Abdul Muttalib.

With that, the Banu Hawazin were routed.

The last report cited above is in the Sahihayn also (Ibn Kathir).

Quote from Ibn Jarir ends here.

Jabir brought home an insightful point. He was asked by Wahab b. Munabbih if the Muslims had taken any booty at the fall of Makkah. He replied, as in Abu Da'ud, "Nothing, although they were ten thousand in numbers with their beasts all needing great amounts of provision. (They would have suffered a lot but for the fact that) Allah moved the hearts of the Banu Hawazin pagans (who came to fight for no obvious reason). He also put it in their hearts that they should carry their wealth in terms of beasts, livestock, women, children, and even slaves to the battle field." It looked as if, Rashid Rida adds, Allah prepared the grounds for hosting the Muslims as His guests at Makkah. Further, when the pagans had lost everything, the Muslims impressed on them that they did not need their women, children, and slaves. That way Allah softened their hearts and they all turned Muslims (Rashid Rida).

44. Ibn Mas`ud is recorded by Bayhaqi and Ahmad as having said: "I was with the Prophet when the people fled - except for about 80 of the Muhajirun and Ansar. We did not show our backs. It is upon them that Allah sent down His Sakinah. The Prophet told me, "Give me a handful of dust" (Ibn Jarir).

Shawkani writes that the above report is in Hakim also, who declared it trustworthy. (But Dhahabi has disagreed with him, finding fault with two narrators. Haythamiyy on the other hand thinks only one of them has been questioned for his integrity, but has been declared trustworthy by some doctors of hadith: S. Ibrahim).

Rashid Rida quotes a very interesting passage from one of the Shi`ah writers which reflects their beliefs. First the writer states that none stayed with the Prophet except three: `Ali, `Abbas and Abu Sufyan. Then he extends the figure to about nine, since that is the opinion of one of the Shi`ah Shuyukh. Then he praises `Ali who, while the Muhajirin and Ansar fled, stood his ground and saved the religion and the Islamic state from sure demise. Finally he asks (the Sunnis): "By your Lord, give up pretensions and tell me honestly, ‘Were `Ali too to have run away, do you think the rest of the nine, who largely depended on his courage, have remained with the Prophet? Had `Ali fled, surely they too would have followed him on his heels, and the Prophet would have got killed. In consequence, neither the religion of Islam nor the Islamic state would have come to exist. `Ali's exemplary courage saved the day, in fact, save the humanity from sure destruction.’ After reporting him, Rashid Rida proceeds to comment on the statements, but we drop them as unnecessary. For, anyone who believes in phantasmagorical ideas has, to say the least, an abnormal mind.

45. Ibn Jarir writes: `Abd al Rahman has also reported a man who fought on the side of the pagans that day. He said, "Actually, we overcame the Muslims in no time. We kept pushing them until we came face to face with your man (i.e., the Prophet) upon a white mule. But, as we advanced, we encountered several fair men of beautiful countenance. They said, `Afouled be the faces. Get back.' So we fled" (Ibn Jarir, Razi). Those were the forces the Muslims did not perceive (Ibn Kathir).

Ibn Kathir also quotes a few other narratives. Bayhaqi has an account that reports Shaybah (who was a new Muslim) as saying: "When the Muslims fled leaving the Prophet unprotected, I remembered the death of my father and uncle (at the hands of the Muslims) and those of our men that `Ali and Hamza had killed. I said to myself, this is the time for revenge. So I tried to advance on him from his right side. But `Abbas was there standing erect well armored. I said to myself, ‘he will not betray his nephew.' So I sought to get him from the left hand side. But as I got closer, it was Abu Sufyan standing by his side. I said to myself, ‘this man will not betray his cousin.' So I went back and advanced on him from the rear. But, I was not as far away as a sword's reach when a flame flashed before me blinding me. I placed my hand on my breast and tried to back off. The Prophet turned to me and said, "Shaybah, get closer." Then he added, "O Allah, distance him away from Shaytan." I raised my eyes toward him and suddenly he was dearer to me than my hearing and sight. He said, "Shaybah. Go forward and fight the unbelievers." (There were others too who had come with the same intention: Shafi`). Bayhaqi has another report coming down from Shaybah's son. He said that his father Shaybah said, "By God. I did not go out with the Prophet to Hunayn for the sake of Islam. In fact, I knew nothing about Islam. But, I feared that the Hawazin guys will overcome the Quraysh. Then, as I was in the battle field, I told the Prophet, ‘Messenger of Allah, I can see a black and white striped horse.' He replied, ‘Shaybah! None but an unbeliever sees it.' Then he slapped me on the breast and said, ‘O Allah. Guide Shaybah.' He did that three times. And, by Allah, there was not a person dearer to me after that, than him.

Ibn Is haq has another report from Jubayr b. Mut`im who said: "When the two forces met I saw a (huge) striped shroud descending from the heavens. It landed between us and the unbelievers, and, in a moment they were like ants filling the whole valley. We never doubted that those were angels (Ibn Kathir). But, Razi and Shawkani add: As is generally accepted, angels did not take part in any battle except that of Badr. And there too, it was only to spread fear and panic among the pagans and strengthen the hearts of the believers. (What the two meant to say perhaps is that the angels came down to plant fear and dread, they did not participate in the killing: Au.).

46. Zamakhshari and Ibn Jarir (the latter placing the note against the earlier verse) write: After the battle, the Banu Hawazin's men came back to the Prophet as Muslims. (That was about 20 days after the battle: Ibn Kathir). What happened was that when the Banu Hawazin lost the battle, they shut themselves up in their forts. The Prophet laid siege. After 15 days of fruitless efforts, the Companions requested that he seek Allah's curse for them. But, instead of cursing them, the Prophet supplicated for their guidance and ordered the siege lifted. On his return journey, he stopped at Ji`rana and decided to offer an `Umrah before returning to Madinah. A great many Makkans who had accompanied his army, hoping to see him annihilated, became Muslims at this point. It was here that he decided to distribute the booty which had been left in Abu Sufyan's charge. And then on a sudden 14 chiefs of Ta'if showed up, declaring their faith in Islam. (The emissary included the Prophet's foster uncle Abu Yerqan, and was led by Zuhayr b. Sard: Shafi`, and `Awf b. Malik: Qurtubi). They went up to the Prophet and said, "Messenger of Allah. You are a good and generous man. You have with you all our wealth as well as our women and children as captives." He told them, "Choose between your wealth and women and children." They chose women and children. So the Prophet spoke to his Companions saying, "These people have chosen their women and children against their wealth. So, whoever wishes to free their captives, let him. But if someone disagrees, let him hand over his captives to us, we shall pay the compensation." The Companions said, "We shall free them unconditionally." The Prophet said, "Not this way. There might be some unwilling. So let your leaders go about seeking the consent of the individuals." That was done and the women and children were released without any ransom. (This demonstrates that in matters of rights, it is not enough that collective will is measured or sought. Each individual involved must be consulted: Shafi`).

Later, Ibn Jarir continues, the Prophet assembled his men at Ji`rana and distributed the booty there, giving huge amounts to the fresh Makkan Muslims such as Abu Sufyan, Harth b. Hisham, Suhayl b. `Amr, Aqra` b. Habis and others. Someone of the Ansar remarked, "It looks like he is inclined to his people." When the remark was brought to his notice, the Prophet ordered the Ansar gathered near his leather tent. When they had assembled, he asked them,

"يا معشر الأنصار ما قالة بلغتني عنكم؟ ووجدة وجدتموها في أنفسكم؟ ألم تكونوا ضلالاً فهداكم الله بي، وعالة فأغناكم الله، وأعداء فألف بين قلوبكم". قالوا: بل الله ورسوله أمن وأفضل، قال: "ألا تجيبوني يا معشر الأنصار؟". قالوا: وبماذا نجيبك يا رسول الله، ولله ولرسوله المن والفضل؟ قال: "أما والله لو شئتم لقلتم فلصَدقتم ولصُدقتم، أتيتنا مكذَّباً فصدقناك، ومخذولاً فنصرناك، وطريداً فآويناك، وعائلاً فواسيناك. أوجدتم في أنفسكم يا معشر الأنصار في لعاعة من الدنيا؟ تألفت بِهَا قوماً ليسلموا؟ ووكلتكم إلى إسلامكم، ألا ترضون يا معشر الأنصار أن يذهب الناس بالشاة والبعير وترجعون برسول الله صلى الله عليه وسلم في رحالكم؟ فوالذي نفس محمد بيده إنه لولا الهجرة لكنت امرأ من الأنصار، ولو سلك الناس شعباً لسلكت شعب الأنصار، اللهم ارحم الأنصار وأبناء الأنصار وأبناء أبناء الأنصار".

قال: فبكى القوم حتى أخضلوا لحاهم وقالوا: رضينا برسول الله صلى الله عليه وسلم قسماً وحظاً. ثم انصرف رسول الله صلى الله عليه وسلم وتفرقوا.

"O Ansar. What is it that I hear you saying? And what is it that you have in your hearts? Is not it true that I found you unguided and then Allah guided you by me? Is it not true that you were poor but Allah provided you: and that you were enemies unto each other, but He created love among you?” They said, “But rather, Allah and His Messengers are better as bestowers and preferable.” He asked, “Will you not answer me, O Ansar?” They said, “How shall we answer Messenger of Allah? Allah and His Messenger are better as bestowers and preferable.” He said, “By Allah, if you wished, you could say, and you would have spoken the truth, ‘You came to us denied, but we testified you; forsaken, but we helped you; abandoned, but we sheltered you; and impoverished but we comforted you. Do you find desire in your hearts for the little that is left of this world, O Ansar which I used to attract people to Islam; and left you to your Islam? Are you not satisfied O Ansar that the people go back with goats and camels, and you go back with the Prophet of Allah in your company? For, by Him in whose hands is Muhammad’s life, if not for Hijrah, I would have been one of the Ansar. If the people walk through a mountain-pass, I would go by the mountain-pass of the Ansar.” (Then he added): “O Allah, show mercy to Ansar, to the children of Ansar, and Ansar’s children’s children.”

The narrator said: At that the Ansar wept until their beards were wet. They said in one voice, “We are satisfied with the Prophet’s division and with our share.” Then the Prophet left them and they dispersed (Au.).

Qatadah also reports that one of those days Halimah, the Prophet's foster mother, came up to him seeking the release of some of her kinsfolk. The Prophet told her, "I have no power over that. But come to me tomorrow when I am in the assembly of the people. I will give away my share which might prompt other men to give away their shares." Accordingly, Halimah showed up the next day, spread her cloth on the ground, and sought the Prophet's help in the release of her kinsfolk. The Prophet freed for her those who were his share. At that the other people also freed those who were their shares.

47. That is, Allah (swt) might replace the unbelief residing in the hearts with belief (Razi).

48. Ibn `Abbas, Qatadah, Hasan and others have thought that the uncleanliness mentioned here refers to the physical uncleanliness (Ibn Jarir).

Ibn `Abbas has further elaborated by saying that it is because the pagans do not bathe after sexual intercourse and do not wash themselves after the nature's call (Razi).

But the great majority of scholars have thought otherwise since Allah has allowed Muslims to eat food prepared by them (Ibn Kathir). That is, the allusion is to their moral and spiritual uncleanliness and not physical (Au.).

Asad explains: "To this day, the bedouin of Central Arabia and Eastern Arabia who, contrary to the modern town dwellers, have preserved the purity of the Arabic idiom to a high degree describe a person who is immoral, faithless or wicked as najas."

In fact, there is no difference in opinion among the earlier and the later scholars, including the four schools of Fiqh that the uncleanliness mentioned in this verse is not physical. The Prophet himself ate, drank and made ablution out of their dishes as well as allowed them to enter his mosque (Shawkani). A hadith to the effect that one might repeat his ablution or wash his hands after hand shake with a pagan, is, according to Suyuti, untrustworthy (S. Ibrahim).

Accordingly, Qurtubi comments, it is not obligatory on one to wash himself before saying the Testimony of entry into Islam. It is only desirable. If the Prophet ordered some of them to wash themselves before saying the Shahadah, it was perhaps because those people were unclean after sexual intercourse.

49. Qatadah and `Umar ibn `Abdul `Aziz have said that although the textual word is "Masjid al Haram," it is whole of Makkah that is meant (Ibn Jarir). Indeed, the allusion is to the boundaries of the Haram, which extend several miles around the Holy Mosque (Shafi`).

As for their entry into mosques, there are several variant opinions. Imam Shafe`i has said that apart from the Grand Mosque at Makkah, pagans may be allowed entry into any other mosque (so long as there is a good purpose). Imam Abu Hanifah has said that they could enter any mosque without any special reason, differing with Shafe`i on this point who placed the condition of "purpose" for their entry into mosques. Imam Abu Hanifah also differs with him in that he says that they could enter the Masjid al Haram also, if the Muslims grant permission. In other words, the verse is giving the Muslims the right of discretion, though not giving the pagans the right of entry. The purport of the verse seems to be, according to Abu Hanifah, similar as when someone says, "I would not like to see you here." What he means is to express his unhappiness over the man's presence, and is not expressing the unlawfulness of his entry (Shawkani).

Although, Mufti Shafi` adds, the Prophet has said in a hadith, "I do not declare a mosque lawful for one in menstruation, nor for one requiring major ablution," Imam Shafe`i has allowed unbelievers' entry into the mosque going by the Prophet's precedence of tying up Thumamah b. Uthal to a column of his own mosque. Similarly, after the fall of Makkah when the pagan Thaqif emissary visited Madinah, the Prophet put them up in his mosque. And, Imam Abu Hanifa's position, as stated in earlier paragraph, is strengthened by a hadith in which the Prophet said: "Let no pagan enter a mosque, unless he is a slave of a Muslim going there for a purpose."

50. Ibn `Abbas, `Ikrimah, Sa`id b. Jubayr and others have said that it worried the Muslim that since the pagans had been barred from entering the Holy precincts it would affect Muslim trade and business also. So Allah revealed this verse (Ibn Jarir).

51. Qatadah has said that Allah kept His promise and soon the Companions of the Prophet began to receive tributes on monthly and yearly basis being sent to them from across the lands (as Ibn Is haq said), by the People of the Book (Ibn Jarir).

52. Jews and Christians do not believe in physical resurrection. They believe in spiritual resurrection alone. Further, they do not believe in physical pleasures of Paradise. Now, since these are emphatically and categorically mentioned in the Qur'an, whoever disbelieved in a Hereafter of the Qur'anic concept, disbelieved in the Hereafter altogether (Razi).

53. These words differentiate the people of the Book from polytheists. The polytheists had two choices (in the Arabian Peninsula): Islam or war. The people of the Book had three choices: Islam, war or tribute (Razi).

It is also said that this verse commanded the Prophet to turn his struggle toward the Romans. Accordingly, he went up to Tabuk to face them off (Ibn Jarir, Ibn Kathir).

As to who are included among those who are classified as "ahl al kitab," Rashid Rida and others state that apart from the Jews and Christians the Prophet treated the Zoroastrians also as the "ahl al kitab." For instance, the Prophet accepted jizyah of the Bahrayn people, although it was known that they were Zoroastrians. `Umar however hesitated to accept jizyah of the Zoroastrians, until `Abdul Rahman al `Awf told him that the Prophet had accepted jizyah from the people of Hajr. This is also reported of `Ali as stated by Imam Shafe`i in his work Al Umm." As for Sabians, they are closer to being of the "ahl al kitab" than the Zoroastrians.

54. Imam Shafe`i and Ahmad have said that in view of this verse tribute should not be accepted from anyone but the people of the Book, or those who are close to them such as the Zoroastrians. Imam Abu Hanifah however has expressed the opinion that tribute could be accepted from anyone save Arab pagans (who should be fought against: Au.). But tribute could be accepted from Arab ‘People of the Book’ (Ibn Kathir).

Jizyah

Majid comments: "(Jizyah) was a tax levied on able bodied males of military age as a substitute for compulsory military service, the exemptions being the destitute, females, children, slaves, monks and hermits. Non Muslims under the Muslim state were exempted from compulsory military service, and it was only just and equitable that they should pay some little amount in return for the protection afforded by Muslim soldiery. How rigidly the Muslims observed the condition of ability to afford protection is well evidenced by an incident in the reign of the second Caliph. ‘The Emperor Heraclius had raised an enormous army with which to drive back the invading forces of the Muslims, who had in consequences concentrated all their energies on the impending encounter. The Arab general Abu `Ubaydah, accordingly, wrote to the governors of the conquered cities of Syria, ordering them to pay back the jizyah that had been collected from the cities, and wrote to the people, saying, "... The agreement between us was that we should protect you, and as this is not now in our power, we return you all that we took..." In accordance with this order, enormous sums were paid back out of the state treasury, and the Christians called down blessings on the heads of the Muslims saying, "May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything." (Arnold, Preaching of Islam, pp. 60 61). ‘It is very noticeable that when any Christian people served in the Muslim army, they were exempted from the payment of this tax' (p. 61)."

Rashid Rida adds: "It should not be imagined however that the promise to defend the jizyah paying folks was some empty talk, meant to pacify the unbelievers. Anyone who looked into the compacts made by the Companions will feel convinced that they did not make a pact and did not state a condition therein but held it hard with their teeth going to the extreme lengths to remain true to the word. Qadi Abu Yusuf (d. 179 A.H.) for instance has recorded in his Kitab al Kharaj reporting through Mak hul that when the Companions entered into treaties with the Christians of the north, they actually became their allies after experiencing their fair deal. They spied for them, and informed them of the troop movements of their former compatriots. Once it so happened that their news carriers arrived from several fronts to report that the Romans were planning a huge attack on the Muslims and raising a very large army to stage a decisive battle. When the news was confirmed through other sources, Abu `Ubaydah wrote to all his provincial governors to return the entire tribute that had been paid by the people. He told them to explain to them that they were constrained to take this action because the tribute had been collected on the condition that the Muslims would defend them against any attack on their life or property. But now the Muslims find themselves in a critical situation and do not see how they can defend others. In any case we shall be back on the same terms as agreed between you and us in the past, once Allah grants us victory over our enemies." When the provincial governors returned the tribute to the people of the towns and villages, they exclaimed, "May God help you and may you return victorious. Had they (the former rulers) been in your place, they would never return anything. In fact they would claim more, leaving nothing in our hands" (Slightly reworded).

Asad comments: "It (Jizyah) is intimately bound up with the concept of the Islamic state as an ideological organization: and this is a point which must always be borne in mind if the real purport of this tax is to be understood. In the Islamic state, every able bodied Muslims is obliged to take up arms in jihad (i.e., in a just war in God's cause) whenever the freedom of his faith or the political safety of his community is imperiled: in other words, every able bodied Muslim is liable to compulsory military service. Since this is, primarily, a religious obligation, non Muslim citizens, who do not subscribe to the ideology f Islam, cannot in fairness be expected to assume a similar burden. On the other hand, they must be accorded full protection of all their civic rights and of their religious freedom: and it is in order to compensate the Muslim community for this unequal distribution of civic burdens that a special tax is levied on non Muslim citizens (ahl adh dhimmah, lit., "covenanted" [or "protected"] people", i.e., non Muslims whose safety is statutorily assured by the Muslim community). Thus, jizyah is no more and no less that an exemption tax in lieu of military service and in compensation for the "covenant of protection" (dhimmah) accorded to such citizens of the Islamic state. (The term itself is derived from the verb jaza, "he rendered [something] as a satisfaction," or "as a compensation [in lieu of something else]" cf. Lane II, 422)."

As for the amount payable per head as jizyah, Shawkani states various opinions and concludes that it is left to the discretion of the authorities.

Imam Abu Hanifa's opinion is that tribute will be levied only on those who have an earning. The unemployed and poor of the unbelievers are exempted (Zamakhshari).

Accordingly, we find a report in Muslim that once Hisham b. Hakim saw some people in Palestine that were forced to stand in the sun. He enquired the reason and was told that it was because they had not paid the tribute. He went to the Governor `Umayr b. Sa`d and told him that the Prophet had said (in a hadith of Muslim: Au.),

إِنَّ اللَّهَ يُعَذِّبُ الَّذِينَ يُعَذِّبُونَ النَّاسَ فِى الدُّنْيَا

"Allah will torture those who torture people in this world." The Governor released them. On the point of inability to pay, it may be pointed out that rich individuals would not be asked to pay tribute on behalf of the poor. Abu Da'ud has related the Prophet:

أَلاَ مَنْ ظَلَمَ مُعَاهَدًا وَانْتَقَصَهُ وَكَلَّفَهُ فَوْقَ طَاقَتِهِ أَوْ أَخَذَ مِنْهُ شَيْئًا بِغَيْرِ طِيبِ نَفْسٍ مِنْهُ فَأَنَا حَجِيجُهُ يَوْمَ الْقِيَامَةِ

"Whoever wronged a Dhimmi, or disparaged, or levied on him more than he has the strength for, or took away something from him without his free consent, will find me (i.e., the Prophet) counseling in favor of him (the dhimmi) on the Day of Judgment" (Qurtubi).

Qurtubi also adds the following: There is more or less agreement among the scholars that Jizyah is levied on those capable of fighting. Old men, women, the disabled, children, monks, and others of the kind would be exempted. No other tax would be levied on them, save on trade (which is levied on Muslims too), and, in return they shall have full freedom to the extent that so long as they do not trade in, or consume openly, even their secret manufacture and consumption of wine would be overlooked. So also, they will be free to follow their religion in their personal lives. But if attacked by their enemies, Muslims would be obliged to defend them, they themselves being exempt of military services. But they would not be allowed to construct new places of worship or additions over the old ones.

Mufti Shafi` writes: The tribute amount that the Prophet charged the people of Najran was a pair of shroud costing around one awqiyah silver. (Those days one awqiyah of silver was equivalent of 40 Dirhams). All in all they were to send across 2000 pairs. For the Christians of Banu Taghlib, `Umar Faruq had fixed it as twice the Zakah rate. In other places he had fixed it as 4 Dirhams for every well to do person, per month, 2 Dirhams for a person of average earnings and one Dirham for tradesmen. (A Dirham in those times was 3.5 masha of silver). As for the destitute, they were exempted, so were women, children, old men, priests, and monks.

55. The textual phrase "`an yadin" is used by the Arabs for a subdued giving, a handing over despite unwillingness, or demonstration of submission (Ibn Jarir).

56. `Ikrimah has said that the term "they are humbled" implies that when they come to pay the tribute they remain standing while the Muslim accepts it while seated (Ibn Jarir). And that the receiver holds them by their beard and says, "Shell down the tribute" although, he would have come to pay the tribute. Some others have said that they should come walking and not riding (Razi, Shawkani).

Ibn Kathir adds: In other words, they ought to be humbled. According to a hadith in Muslim, the Prophet said:

لاَ تَبْدَءُوا الْيَهُودَ وَلاَ النَّصَارَى بِالسَّلاَمِ فَإِذَا لَقِيتُمْ أَحَدَهُمْ فِى طَرِيقٍ فَاضْطَرُّوهُ إِلَى أَضْيَقِهِ

"Do not be the first to greet the Jews and Christians, and, if you encounter one of them in the lane, push him to its narrowest area."