How the land and the inhabitants of as-Sawâd should be considered. Al-Ḥusain from ʿAbdallâh ibn-Ḥâẓim:—The latter said, "I once asked Mujâhid regarding the land of as-Sawâd and he answered, 'It can neither be bought nor sold.' This is because it was taken by force and was not divided. It belongs to all the Moslems."
Al-Walîd ibn-Ṣâliḥ from Sulaimân ibn-Yasâr:—ʿUmar ibn-al-Khaṭṭâb left as-Sawâd for those who were still in men's loins and mothers' wombs [i. e., posterity] , considering the inhabitants dhimmis from whom tax should be taken on their person, and kharâj on their land. They are therefore dhimmis and cannot be sold as slaves.
The following statement was made by Sulaimân: "Al-Walîd ibn-ʿAbd-al-Malik wanted to consider the inhabitants of as-Sawâd as having been acquired without fighting [Ar. faiʾ]; but when I told him of the position ʿUmar took regarding them, Allah prevented him from doing so."
Al-Ḥûsain ibn-al-Aswad from Ḥârithah ibn-Muḍarrib:—ʿUmar ibn-al-Khaṭṭâb, desiring to divide as-Sawâd among the Moslems, ordered that they be counted. Each Moslem had three peasants for his share. ʿUmar took the advice of the Prophet's Companions, and ʿAli said, "Leave them that they may become a source of revenue and aid[1] for the Moslems." Accordingly, ʿUmar sent ʿUthmân ibn-Ḥunaif al-Anṣâri who assessed on each man 48, 24, or 12 [dirhams].
Abu-Naṣr at-Tammâr from ʿAli:—The latter said, "If ye were not to strike one another on the face [have civil war] I would divide as-Sawâd among you."
Al-Ḥusain ibn-al-Aswad from ʿÂmir:—The people of as-Sawâd have no covenant, rather they came under our control by surrender.
- ↑ Ar. mâddah; see an-Nihâyah, vol. iv, p. 84.
