# The Origins of the Islamic State/Part 1/Chapter 15

CHAPTER XV
Al-Yaman
The people of al-Yaman embrace Islâm. When the news of the rise of the Prophet and the success of his righteous cause reached the people of al-Yaman, they sent their envoys, and the Prophet gave them a written statement confirming them in the possession of whatever property, lands, and buried treasures were included in their terms when they became Moslems. Thus they accepted Islâm; and the Prophet sent them his messengers and ʿâmils to acquaint them with the laws of Islâm and its institutes and to receive their ṣadaḳah and the poll-tax of those among them who still held to Christianity, Judaism or Magianism.
The Prophet's letter. Al-Ḥusain ibn-al-Aswad from al-Ḥasan:—The Prophet wrote to the people of al-Yaman, "Whosoever repeats our prayer, turns his face to the ḳiblah as we do, and eat what we slaughter, such a one is a Moslem and has the security of Allah and the security of his Prophet. But whosoever refuses to do so, tax is binding upon him."
A similar tradition was communicated to me by Hudbah on the authority of al-Ḥasan.
The governor of Ṣanʿâʾ. It is reported by al-Wâḳidi that the Prophet sent Khâlid ibn-Saʿîd ibn-al-ʿÂṣi as a commander over Ṣanʿâʾ and its land. Al-Wâḳidi adds that some say that the Prophet assigned al-Muhâjir ibn-abi-Umaiyah ibn-al-Mughîrah-l-Makhzûmi to be governor of Ṣanʿâ, in which position he died. Still others say, according ​to al-Wâḳidi, that the one who made al-Muhâjir governor over Ṣanʿâʾ was abu-Bakr aṣ-Ṣiddîḳ, who also assigned Khâlid ibn-Saʿîd over the provinces of upper al-Yaman.
Al-Muhâjir as governor of Kindah and aṣ-Ṣadif. According to Hishâm ibn-al-Kalbi and Haitham ibn-ʿAdi the Prophet assigned al-Muhâjir over Kindah and aṣ-Ṣadif. On the death of the Prophet, abu-Bakr wrote to Ziyâd ibn-Labîd al-Bayâḍi-l-Anṣâri assigning to him the governorship of Kindah, aṣ-Ṣadif and other places in addition to what he already ruled over in Ḥaḍramaut. Al-Muhâjir he assigned over Sanʿâʾ and later asked him in writing to reinforce Ziyâd ibn-Labîd, without dismissing him from the governorship of Sanʿâʾ.
Ziyâd, governor of Ḥaḍramaut. It is agreed by all that the Prophet assigned Ziyâd ibn-Labîd to Ḥaḍramaut.
The governors of Zabîd, Rimaʿ, ʿAdan, al-Janad and Najrân appointed. The Prophet assigned abu-Mûsa-l-Ashʿari to Zabîd, Rimaʿ, ʿAdan and the coast region, and assigned Muʿâdh ibn-Jabal to al-Janad, made him ḳâḍi and charged him with collecting ṣadaḳah in al-Yaman. He then assigned to Najrân ʿAmr ibn-Ḥazm al-Anṣâri; and, according to other reports, he assigned abu-Sufyân ibn-Ḥarb to Najrân after ʿAmr ibn-Ḥazm.
The letter of the Prophet to Zurʿah sent with Muʿâdh. ʿAbdallâh ibn-Ṣaliḥ al-Muḳriʾ from ʿUrwah ibn-az-Zubair:—The Prophet wrote to Zurʿah ibn-dhi-Yazan as follows:
"Greetings! On the arrival of my messenger Muʿâdh ibn-Jabal and his companions, gather all your ṣadaḳah and poll-tax and deliver them to him. Muʿâdh is the chief of my messengers, and one of the righteous among my immediate companions. I have been informed by Mâlik ibn-Murârah ar-Rahâwi that thou wert the first to desert ​Ḥimyar and embrace Islâm. Therefore, good times lie before thee. And I order you, all Ḥimyar, not to exhibit perfidy or deviation, for verily is the Prophet of Allah the lord of both the rich and the poor among you. As for the ṣadaḳah, it is not legal for Muḥammad or any of his relatives to take; it is rather zakât through which ye are purified, and which goes to the poor among the Moslems and the Believers. It was Mâlik that conveyed the information and kept the secret. As for Muʿâdh, he is one of the righteous among my immediate companions and one of their coreligionists. I, therefore, order you to treat him well, for he is highly esteemed. And peace be unto you!"
The Prophet orders Muʿâdh to take the tithe. Al-Ḥusain ibn-al-Aswad from Mûsa ibn-Ṭalḥah:—The Prophet sent Muʿâdh ibn-Jabal to collect the ṣadaḳah of al-Yaman ordering him to take on dates, wheat, barley and grapes (perhaps he said raisins) one-tenth and one-half of a tenth.
Instructions to ʿAmr ibn-Ḥazm. Al-Ḥusain from Muḥammad ibn-Isḥâḳ:—The Prophet wrote the following to ʿAmr ibn-Ḥazm when he sent him to al-Yaman:
"In the name of Allah, the compassionate, the merciful. This is a declaration from Allah and his Prophet. All ye that have believed! be faithful to your compacts: this is an ordinance from the Prophet Muḥammad, the Messenger of Allah, to ʿAmr ibn-Ḥazm when he delegated him to al-Yaman. He ordered him to fear Allah in whatever he performs, and to take from the spoils the fifth that belongs to Allah as well as what is prescribed as ṣadaḳah on the property of the Believers which is one-tenth in case it is ​watered by flowing water or rain, and one-half of a tenth if it is watered by means of the bucket."
The Prophet's letter to the kings of Ḥimyar. Al-Ḥusain from Muḥammad ibn-Isḥâḳ:—The following is what the Prophet wrote to the kings of Ḥimyâr:
"In the name of Allah, the compassionate, the merciful. From the Prophet Muḥammad, the Messenger of Allah, to al-Ḥârith ibn-ʿAbd-Kulâl, Nuʿaim ibn-ʿAbd-Kulâl, and Sharḥ ibn-ʿAbd-Kulâl, to an-Nuʿmân Ḳail dhi-Ruʿain, Maʿâfir and Hamdân. Greetings! Allah will guide you by his own guidance, if ye act well, obey Allah and his Prophet, observe the prayer, pay the zakât, give out of the spoils the fifth that belongs to Allah, the share of his Prophet, and the portion which belongs to him as chief exclusive of his companions, and deliver what is prescribed by Allah to the Believers in the form of ṣadaḳah on the property, which is one-tenth, in case the land is watered by spring, or rain water, and half of the tenth if watered by means of the bucket."
According to Hishâm ibn-Muḥammad al-Kalbi the letter of the Prophet was addressed to ʿArib and al-Ḥârith, the sons of ʿAbd-Kulâl ibn-ʿArib ibn-Liyashraḥ.
The Prophet's letter to Muʿâdh. Yûsuf ibn-Mûsa-l-Ḳaṭṭân from al-Ḥakam:—The Prophet wrote to Muʿâdh ibn-Jabal, when the latter was in al-Yaman, stating that one-tenth is to be assessed on what is watered by rain or flowing water, and half of a tenth on what is watered by means of the bucket and water-wheel; that on every adult one dînâr or its equivalent in clothes is to be assessed; and that no Jew is to be enticed to leave Judaism.
​The instructions given to Muʿâdh. Abu-ʿUbaid from Masrûḳ:—The Prophet delegated Muʿâdh to al-Yaman giving him orders to take a one-year-old cow out of every thirty cows; one full-grown cow, of every forty; and one dînâr, or its equivalent in clothes, from every adult.
The Magians taxed. Al-Ḥusain ibn-al-Aswad from al-Ḥasan:—The Prophet collected poll-tax from the Magians of Hajar and the Magians of al-Yaman, and assessed one dînâr or its equivalent in clothes on every adult or female from the Magians of al-Yaman.
The people of al-Yaman taxed. ʿAmr an-Nâḳid from ʿAmr ibn-Shuʿaib's grandfather:—The Prophet assessed one dînâr as tax on every adult among the people of al-Yaman.
Shaibân ibn-abi-Shaibah-l-Ubulli from Yaḥya ibn-Ṣaifi or from ibn-ʿAbbâs:—When the Prophet delegated Muʿâdh ibn-Jabal to al-Yaman he said, "When thou comest to any of the 'People of the Book,' tell them, 'Allah made it obligatory on you to pray five times per day and night '. If they obey, tell them, 'Allah made it obligatory on you to fast during the month of Ramaḍân of every year'. If they obey, tell them, 'Allah made it obligatory on him of you who can afford it to undertake a pilgrimage to Makkah'. If they obey, tell them, 'Allah has made it obligatory on you to offer ṣadaḳah on your possessions to be taken from the rich among you and turned over to the poor among you.' If they obey, then avoid their choice possessions and beware of the imprecation of the oppressed, for between his imprecation and Allah there is no veil or screen."
Products subject to ṣadaḳah. Shaibân from al-Mughîrah ibn-ʿAbdallâh:—Al-Ḥajjâj said, "Give ṣadaḳah on every leguminous plant." Regarding this abu-Burdah ibn-abi-​Mûsa said, "He is right", which made Mûsa ibn-Ṭalḥah say to abu-Burdah, "This man [al-Ḥajjâj?] now claims that his father was among the Prophet's Companions. The Prophet sent Muʿâdh ibn-Jabal to al-Yaman and gave him instructions to collect ṣadaḳah on dates, wheat, barley and raisins."
ʿAmr an-Nâḳid from Mûsa ibn-Ṭalḥah ibn-ʿUbaidallâh who said:—"I have read the letter of Muʿâdh ibn-Jabal when the Prophet sent him to al-Yaman, and there occurred in it the following statement, 'Take ṣadaḳah on wheat, barley, dates and corn.'"
Why more tax on the Syrians. ʿAli ibn-ʿAbdallâh al-Madîni from ibn-abi-Najîḥ who said, "I once asked Mujâhid, 'Why did ʿUmar levy on the people of Syria a heavier poll-tax than on the people of al-Yaman?' and he replied, 'Because they were people of means.'"
Nothing on al-awḳâṣ. Al-Ḥusain ibn-ʿAli ibn-al-Aswad from Ṭâʾûs:—When Muʾâdh arrived in al-Yaman, there was brought before him a medial number of cows and a medial amount of honey, on which he said, "I have no instructions to take anything on this."
The salt of Maʾrib. Al-Ḥusain ibn-al-Aswad from Abyaḍ ibn-Ḥammâl:—The latter asked the Prophet to give him as fief the salt in Maʾrib but hearing someone say, "It is like perennial water," the Prophet refused to assign it.
A tradition to the same effect was communicated to me by al-Ḳâsim ibn-Sallâm and others on the authority of Abyaḍ ibn-Ḥammâl.
The Prophet gives a fief in Ḥaḍramaut. According to a ​tradition communicated to me by Aḥmad ibn-Ibrâhim ad-Dauraḳi on the authority of ʿAlḳamah ibn-Wâʾil al-Ḥaḍrami's father, the Prophet gave out as fief to the latter [ʿAlḳamah's father] a piece of land in Ḥaḍramaut.
Muḥammad ibn-Yûsuf severe on al-Yaman. ʿAli ibn-Muḥammad ibn-ʿAbdallâh ibn-abi-Saif, a freedman of Ḳuraish, from Maslamah ibn-Muḥârib:—When Muḥammad ibn-Yûsuf, the brother of al-Ḥajjâj ibn-Yûsuf, was the governor of al-Yaman, he misbehaved, oppressed the people and took pieces of land from certain men without paying their prices. Among the lands he thus wrested was al-Ḥarajah. Morever he levied on the people of al-Yaman a kharâj which he gave the form of an assessed rate of land-tax. When ʿUmar ibn-ʿAbd-al-ʿAzîz came to power, he wrote to his ʿâmil instructing him to abolish that assessed land-tax and take nothing more than the tithe saying, 'Though I may not get from al-Yaman more than a handful of katam, I would rather have that than the passing of such a tax." However, when Yazîd ibn-ʿAbd-al-Malik came to power he reinstated it.
Ṣadaḳah on plants, grains and vegetables. Al-Ḥusain ibn-Muḥammad az-Zaʿfarâni from abu-ʿAbd-ar-Raḥmân Hishâm ibn-Yûsuf, the ḳâḍi of Ṣanʿâʾ:—The people of Khufâsh presented a statement from abu-Bakr aṣ-Ṣiddiḳ on a parchment ordering them to pay ṣadaḳah on a piece of land planted with wars.
According to Mâlik, ibn-abi-Dhiʾb, all the canonists of al-Ḥijâz, Sufyân ath-Thauri and abu-Yûsuf there is no zakât on wars, wasmah, ḳirṭ, katam, ḥinna and roses.
​Abu-Ḥanîfah, however, holds that there is zakât on these, whether in large or small quantities. Mâlik holds that the zakât on saffron is five dirhams, if its price amounts to 200 dirhams and if it is sold. The same is the view of abu-az-Zinâd who is reported by others to have said, "Nothing on saffron." According to abu-Ḥanîfah and Zufar there is zakât on it whether it is in large or small quantities. Abu-Yûsuf and Muḥammad ibn-al-Ḥasan claim, "If its price amounts to the lowest price for which five wasḳs of dates, wheat, barley, corn or any other kind of grains sell, then there is ṣadaḳah on it." According to ibn-abi-Laila, there is nothing on vegetables. The same view is held by ash-Shaʿbi. According to ʿAṭâʾ and Ibrâhim an-Nakhaʿi, whatever the tithe-land produces, be it in great or small quantities, is subject to the tithe or half the tithe.
Al-Ḥusain ibn-al-Aswad from ibn-abi-Rajâʾ al-ʿUṭâridi who said:—"In al-Baṣrah, ibn-al-ʿAbbâs used to collect our ṣadaḳahs even from the bundles of leek."
Al-Ḥusain from Ṭâʾûs and ʿIkrimah:—The latter asserted that there is no zakât on wars and cotton.
The tax on the dhimmis. The following is the view of abu-Ḥanîfah and Bishr:—In case of the dhimmis who are in possession of lands included in the tithe-land, like for instance al-Yaman whose people accepted Islâm and made terms on their lands, al-Baṣrah which was cultivated by the Moslems, and other lands given out as fiefs by the caliphs to which no Moslem or "man of the covenant" has claim, it is binding on these people to pay tax on their person and kharâj on their lands according to what their lands can bear. Whatever is received from them follows the course of the money received as kharâj. If, however, any one of them becomes Moslem, he is exempt from the poll-tax but ​remains always subject to the kharâj on his land, as it is the case in as-Sawâd. The same view is held by ibn-abi-Laila. According to ibn-Shubrumah and abu-Yûsuf, tax is levied on their heads, and they should pay double what the Moslems pay on their lands, which would be a fifth or a tenth. This they said on the analogy of the case of the Christian banu-Taghlib. Abu-Yûsuf added that whatever is taken from them should follow the course of the money received as kharâj. In case a dhimmi becomes Moslem or his land goes to a Moslem, then it becomes tithe-land. The same view is reported to have been held by 'Aṭâʾ and al-Ḥasan.
According to ibn-abi-Dhiʾb, ibn-abi-Sabrah, Sharîk ibn-ʿAbdallâh an-Nakhaʿi, and ash-Shâfiʿi, there is tax on their heads, but no kharâj or tithe on their land, because they are not included in those on whom zakât is binding, nor is their land a kharâj-land. The same opinion is held by al-Ḥasan ibn-Ṣâlih ibn-Ḥai-l-Mamdâni.
According to Sufyân ath-Thauri and Muḥammad ibn-al-Ḥasan, there is tithe on them but not in a doubled form, because that which counts is the land, and the possessor is not to be taken into consideration. According to al-Auzâʿi and Sharîk ibn-ʿAbdallâh, if they are dhimmis like the Jews of al-Yaman, whose people became Moslem while they were still in the land, then nothing is taken but the poll-tax, and you should not let the dhimmi buy the tithe-land or possess it.
The case of a Jew who holds tithe-land. Al-Wâḳidi said, "I once asked Mâlik about the case of a Jew from al-Ḥijâz who buys land in al-Jurf and plants it. Mâlik said, 'The tithe is taken from him'. I then replied, 'Didst thou not claim that there is no tithe on the land of a dhimmi if he acquires it from the tithe-land?' 'That', said Mâlik, 'holds ​true, if he stays in his own country; but in case he leaves his country, then that becomes a question of trade.'"
A man of the banu-Taghlib who uses a tithe-land. Abu-az-Zinad, Mâlik ibn-Anas, ibn-abi-Dhiʾb, ath-Thauri, abu-Ḥanîfah and Yaʿḳûb said regarding the case of one of the banu-Taghlib who plants a piece of the tithe-land that he should pay a double-tithe. If he rents a tithe-farm then—according to Mâlik, ath-Thauri, ibn-abi-Dhiʾb and Yaʿḳûb—the one who plants the farms should pay the tithe. Abu-Ḥanîfah, however, maintains that the owner of the land should pay it; and Zufar shares the same view.
The case of one who is behind in payment of the tithe. According to abu-Ḥanîfah, in case a man fails to pay the tithe for two years, then the authorities [Ar. sulṭân] take only one tithe as he begins again to pay. The same is true of the kharâj-land. But abu-Shimr holds that the authorities take the arrears, because it is justly due to them.
* ↑ Turning the face towards Makkah during prayer.
* ↑ Hishâm, p. 956, gives "Murrah"; and Nawâwi, p. 539, "Marârah".
* ↑ Hishâm, p. 957.
* ↑ Cf. Ṭabari, vol. i, p. 1719.
* ↑ Bukhâri, vol. iii, p. 156; Diyârbakri, vol. ii, p. 158.
* ↑ Kor., 5: 1.
* ↑ Cf. Ṭabari, vol. i, p. 1727.
* ↑ Cf. Ṭabari, vol. i, p. 1718.
* ↑ Ibn-Duraid, al-Ishtiḳaḳ, p. 308: "Yalyashraḥ"; see ZDMG, vol. xx, p. 237.
* ↑ Here is omitted the explanation of certain words in the tradition.
* ↑ Bukhâri, vol. iii, p. 157.
* ↑ Ar. awḳâṣ = what is between one farîḍah and the next; as, for instance when camels amount in number to five, one sheep or goat is to be given for them; and nothing is to be given for such as exceed that number until they amount to ten; thus what is between the five and ten is termed waḳṣ, pl. awḳâṣ.
* ↑ Having an unfailing and continuous output.
* ↑ A plant product used for dyeing the hair black.
* ↑ A certain plant like sesame existing in al-Yaman only, used for dyeing.
* ↑ A plant with the leaves of which one tinges or dyes.
* ↑ A kind of leek.
* ↑ A plant used for dyeing the hands and feet.
* ↑ Yaḥya ibn-Âdam, p. 107.
* ↑ Cf. abu-Yûsuf, p. 69.