The Origins of the Islamic State/Part 1/Chapter 10
CHAPTER X
Aṭ-Ṭâʾif
The Prophet lays siege to aṭ-Ṭâʾif. When the Hawâzin were defeated in the battle of Ḥunain, and Duraid ibn-aṣ-Ṣimmah was slain, the surviving remnant came to Awṭâs. The Prophet sent them abu-ʿÂmir al-Ashʿari who was put to death. Then abu-Mûsa ʿAbdallâh ibn-Ḳais al-Ashʿari took the command and the Moslems advanced on Awṭâs. Seeing that, the chief of the Hawâzin at that time, Mâlik ibn-ʿAuf ibn-Saʿd of banu-Duhmân ibn-Naṣr ibn-Muʿâwiyah ibn-Bakr ibn-Hawâzin, fled to aṭ-Ṭâʾif, whose people he found ready for the siege with their fortress repaired and the provisions gathered therein. Here he settled. The Prophet led the Moslems until they got to aṭ-Ṭâʾif. Thaḳîf hurled stones and arrows on the Moslems, and the Prophet set a ballista on the fortress. The Moslems had a mantelet[1] made of cows' skins on which Thakîf threw hot iron bars and burnt it, killing the Moslems underneath. The siege of aṭ-Ṭâʾif by the Prophet lasted for fifteen days,[2] the invasion having begun in Shauwâl, in the year 8.
Certain slaves surrender. Certain slaves from aṭ-Ṭâʾif presented themselves before the Prophet. Among them were abu-Bakrah ibn-Masrûḥ,—[later] the Prophet's freedman, and whose [first] name was Nufaiʿ—, and al-Azraḳ—after whom the Azâriḳah were named, who was a Greek blacksmith and slave, and whose [full] name was abu-Nâfiʿ ibn-al-Azraḳ al-Khâriji. For doing so, these slaves were set free.[3] It is claimed by others, however, that Nâfiʿ ibn-Azraḳ al-Khâriji was of the banu-Ḥanîfah and that the al-Azraḳ who came from aṭ-Ṭâʾif was another man.
The terms of capitulation. Then the Prophet left for al-Jiʿrânah to divide the captives and the booty of Ḥunain.[4] Thaḳîf, fearing lest he should return, sent a deputation with whom he made terms stipulating that they become Moslem, and keep what they possess in the form of money or buried treasures.[5] The Prophet imposed a condition on them that they would neither practise usury nor drink wine. They were addicted to usury. To this end, he wrote them a statement.
The old name of aṭ-Ṭâʾif was Wajj. When it was fortified and surrounded by a wall it was called aṭ-Ṭâʾif.
The Jews in aṭ-Ṭâʾif. Al-Madâʾini from certain sheikhs from aṭ-Ṭâʾif:—In the district of aṭ-Ṭâʾif lived some Jews driven from al-Yaman and Yathrib, who had settled there for trade. On them poll-tax was imposed. It was from some of them that Muʿâwiyah bought his possessions in aṭ-Ṭâʾif.
The land of aṭ-Ṭâʾif is included in the district of Makkah. Al-ʿ Abbâs ibn-ʿAbd-al-Muṭṭalib had a piece of land in aṭ-Ṭâʾif from which grapes were taken and made into the beverage used for the Pilgrims. The men of Ḳuraish had possessions in aṭ-Ṭâʾif to which they came from Makkah to repair. The conquest of Makkah and the conversion of its people to Islam made Thaḳîf covet and lay hold on these possessions, but with the conquest of aṭ-Ṭâʾif, they were again put in the hands of the Makkans, and in fact all the land of aṭ-Ṭâʾif became one of the districts of Makkah.
Abu-Sufyân loses his eye. It was in the battle of aṭ-Ṭâʾif that abu-Sufyân ibn-Ḥarb lost his eye.[6]
The zakât from Thaḳîf on grapes and dates. Al-Walîd ibn-Ṣâliḥ from ʿAttâb ibn-As^id:—The Prophet ordered that the vine-trees of Thaḳîf be estimated as in the case of dates and that the zakât [legal alms] be taken in the form of raisins, as in the case of dates.
According to al-Wâḳidi, abu-Ḥanîfah says: "The vine-trees are not estimated, but when the produce, whether large or small, is gathered the zakât is taken."
According to Yaʿḳûb: "If the produce is gathered and the weight of it is five wasḳs [loads] then its zakât is one-tenth or half of one-tenth." The same view is held by Sufyân ibn-Saʿîd ath-Thauri. The wasḳ is equal to 60 ṣâʿs.[7]
Mâlik ibn-Anas and ibn-abi-Dhiʾb state that according to the commended practice [Ar. sunnah] the zakât on grape is taken by estimation as in the case of dates.[8]
The zakât on honey. Shaibân ibn-abi-Shaibah from ʿAmr ibn-Shuʿaib :—A ʿâmil of ʿUmar ibn-al-Khaṭṭâb in aṭ-Ṭâʾif wrote to ʿUmar, "Those who own honey fail to contribute to us what they used to contribute to the Prophet, i. e., one vase out of each ten." ʿUmar wrote back to him, "If they would contribute, thou shouldst protect their valleys, otherwise do not."
ʿAmr ibn-Muḥammad an-Nâḳid from ʿAbd-ar-Raḥmân ibn-Isḥâḳ's grandfather:—ʿUmar assessed one-tenth in the case of honey.
Dâʾûd ibn-ʿAbd-al-Ḥamîd the ḳâḍi of ar-Raḳḳah from Khaṣîf:—ʿUmar ibn-ʿAbd-al-ʿAzîz wrote to his ʿâmils in Makkah and aṭ-Ṭâʾif, "There is ṣadaḳah on the bee-hives. Therefore, take it thereof." According to al-Wâḳidi, it has been reported that ibn-ʿUmar said, " There is no ṣadaḳah on hives." According to Mâlik and ath-Thauri, no zakât is taken on honey though it may be in great quantities.[9] The same is the view of ash-Shâfiʿi.[10] According to abu-Ḥanîfah, if the honey is raised in a tithe-land the tithe is taken whether the honey is much or little; but if it is raised in the kharâj-land, nothing is to be taken, because both zakât and kharâj cannot be taken from one and the same man.
Al-Wâḳidi states that he was told by al-Ḳâsim ibn-Maʿn and Yaʿḳûb that abu-Ḥanîfah said: "If honey is raised in the land of a dhimmi there is no tithe on it, but there is kharâj on the land. And if it is produced in the land of a Taghlabi[11] one-fifth is taken thereof." The same view is held by Zufar. According to abu-Yûsuf,[12] if the honey is produced in the kharâj-land, it is exempt of everything; but if in the tithe land, one raṭl[13] is taken out of ten.
According to Muḥammad ibn-al-Ḥasan, no ṣadaḳah whatever is taken on what is less than five faraḳs.[14] The same view is held by ibn-abi-Dhiʾb.
It was reported by Khâlid ibn-ʿAbdallâh aṭ-Ṭaḥḥân that ibn-abi-Laila said, "Whether it is produced in the tithe-or kharâj-land, one raṭl is due on every ten. The same view is held by al-Ḥasan ibn-Ṣâliḥ ibn-Ḥai.
A tradition reported to me by abu-ʿUbaid on the authority of az-Zuhri states that the latter held that one vase [Ar. ziḳḳ][15] is due on every ten.
The tithe on fruits and grains. Yaḥya ibn-Âdam from Bishr ibn-ʿÂṣim and ʿUthmân ibn-ʿAbdallâh ibn-Aus:—Sufyân ibn-ʿAbdallâh ath-Thaḳafi wrote to ʿUmar ibn-al-Khaṭṭâb, whose ʿâmil he was in at-Ta'if, stating that before him was the case of a garden in which vine-trees grow, as well as plum and pomegranate trees and other things that are many folds more productive than vines, and soliciting 'Umar's orders regarding the taking of its tithe. But 'Umar wrote back, " No tithes on it."
It was stated by Yahya ibn-Adam that he heard Sufyan ibn-Sa'id (whose view is the following) say: "There is no sadakah except on four of the products of the soil, i. e., wheat, barley, dates and raisins, provided the product meas- ures five wasks." 2 But abu-Hani fan's view is that whatever the tithe-land produces is subject to the tithe, though it be a bundle of vegetables. The same view is held by Zufar. But according to the view of Malik, ibn-abi-Dhi'b and Ya'kub, vegetables and the like are not subject to sadakah. Nor is there sadakah on what is less than five wasks of wheat, barley, maize, husked barley, tare, dates, raisins, rice, sesame, peas and the grains that can be measured and stored, including lentils, beans, Indian peas and millet. If any of these measure five wasks, then it is subject to sadakah. The same view, according to al-Wakidi, is held by Rabi'ah ibn-
2 Yahya ibn-'Adam, Kitab al-Kharaj, pp. 109-110. abi-ʿAbd-ar-Raḥmân. According to az-Zuhri all spices and pulse[16] is subject to zakât. Mâlik holds that no ṣadaḳah is due on pears, plums, pomegranates or the rest of the fresh fruits. The same view is held by ibn-abi-Laila. According to abu-Yûsuf, there is no ṣadaḳah except on what can be measured by al-ḳafîz.[17] Abu-az-Zinâd ibn-abi-Dhiʾb and ibn-abi-Sabrah hold that no ṣadaḳah is taken on vegetables and fruits, but there is ṣadaḳah on their prices the moment they are sold.
A tradition was communicated to me by ʿAbbâs ibn-Hishâm on the authority of his grandfather to the effect that the Prophet assigned ʿUthmân ibn-abi-l-ʿÂṣi ath-Thaḳafi as his ʿâmil in aṭ-Ṭâʾif.
Footnotes
[edit]- ↑ Ar. dabbâbah—a machine made of skins and wool, men enter into it and it is propelled to the lower part of a fortress where the men, protected from what is thrown upon them, try to make a breach. See Zaidân, Taʾrîkh at-Tamaddun al-Islâmi, vol. i, p. 143.
- ↑ Cf. Hishâm, p. 872.
- ↑ Cf. Hishâm, p. 874.
- ↑ Ṭabari, vol. i, p. 1670; abu-l-Fida, al-Mukhtaṣar, vol. i, p. 147 (Cairo, 1325).
- ↑ Ar. ar-rikâs, treasures buried in pre-Islamic days; Bukhâri, vol. i, p. 381; Mawardi, p. 207.
- ↑ Diyârbakri, vol. ii, p. 124.
- ↑ Yaḥya ibn-Ādam, Kitab al-Kharâj, p. 100.
- ↑ Mâlik ibn-Anas, al-Muwaṭṭa, pp. 116–117; and cf. Shâfiʿi, Kitâb al-Umm, vol. ii2, p. 27.
- ↑ Muwaṭṭa, p. 121.
- ↑ Umm, vol. ii2, p. 33.
- ↑ Banu-Taghlib were Christian Arabs on whom ʿUmar-ibn al-Khaṭṭâṭb doubled the tax. See abu-Yûsuf, Kitâb al-Kharâj, p. 68.
- ↑ Yûsuf, p. 40.
- ↑ A raṭl is about 5 pounds.
- ↑ A faraḳ is 16 raṭls. Nihâyah, vol. iii, p. 196.
- ↑ A receptacle of skin for holding wine and the like.
- ↑ Seed of a leguminous plant that is cooked.
- ↑ Adam, p. 101.