In this case...
In this case, do you or your selected ruler and Amir have the knowledge (of) how -saww implemented ‘Jazia’ on the non-believers so that your actions are in accordance with the traditions of the Prophet -saww ?’ ‘Ummro and others: ‘Yes, we do.’ ‘Imam -asws : ‘How would you decide?’ ‘Ummro and others: ‘We will first invite them to Islam but if they reject our invitation, we will force them to pay ‘Jazia’.’ ‘Imam -asws : ‘What if they were people of the Book or are from fire worshipers?’ ‘Ummro: ‘Yes, regardless if they were the people of Book or the fire worshipers.’ ‘Imam -asws : ‘What will you tell them if they were from those who worship fire and animals (Majusi)?’ ‘Ummro: ‘They are all equal.’ ‘Imam -asws : ‘Have you (on some occasion) read about them in the Holy Book?’ ‘Ummro: ‘Yes, I have.’ ‘(The) Imam -asws then recited: قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآَخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ (299:) ‘‘Fight those who do not believe in Allah, nor in the latter day, nor do they prohibit what Allah and His Messenger have prohibited, nor follow the religion of truth, out of those who have been given the Book, until they pay the tax in acknowledgment of superiority and they are in a state of subjection.’ ‘Imam -asws : ‘Since Allah -azwj has separated the people of the Book from others; even then you will treat them equally?’ ‘Ummro: ‘ Yes.’ ‘Imam -asws : ‘ From where did you get this?’ ‘Ummro: ‘ I have heard people say that.’ ‘Imam -asws : ‘Let’s leave this (as he had no answer), suppose those people deny giving you ‘Jazia’ and you overcome them after killing some of them.
How would you distribute the war booty?’ ‘Ummro: ‘After separating the ‘Khums’ (one fifth), the rest four shares will be divided into the fighters.’ ‘Imam -asws : ‘Will you divide it equally into all war participants?’ ‘Ummro: ‘Yes.’ ‘Imam -asws : ‘In this case you have acted against the conduct of Prophet -saww and his -saww traditions.
We have, between you and me -asws , some ‘Fuqha’ [22] and knowledgeable people, from people of Madinah, if you ask them they will not disagree on it and confirm that (the) Prophet -saww had truce with Arabs living in desert on the conditions that they could stay in their land without having to migrate.
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