A former slave of ‘Umar r.a. who was freed by him named Aslam stated:

أن عمر كتب إلى أمراء الأجناد : أن لا يضربوا الجزية على النساء,ولا على الصبيان

“’Umar r.a. wrote a letter to the military commanders stating that they should not impose tax on non-Muslim women and children.” [15]

The above shows that women are children are exempted from the Jizyah as stated in Reliance of the Traveller..

فإن عمر أتي بمال كثير, قال أبو عبيد : وأحسبه من الجزية. فقال: إني لأظنكم قد أهاكتم الناس,قالوا : لا,واالله,ما أخذنا إلا عفوا صفوا. قال : بلا سوط ولا نوط ؟ قالوا : نعم. قال : الحمدلله الذي لم يجعل ذلك على يدي ولا في سلطاني

“A large amount of wealth was brought to ‘Umar, and Abu ‘Ubayd said, “I believe it was money collected from tax”. ‘Umar said, “For certain, you have destroyed the people!” They [the tax collectors] said, “No, by God! We have only taken with tenderness and ease”. ‘Umar inquired, “Was it acquired without recourse to a whip or coercion?” They replied, “Yes”. He said, “All praise is due to God, Who did not put that on my hands or during my rule”. [16]

The above narration shows that coercing non-Muslim subjects to part with their wealth through Jizyah is intolerable and unacceptable in the eyes of Islam.

إن أمير المؤمنين عمر مربشيخ من أهل الذمة يسأل على أبواب الناس, فقال : ما أنصفناك أن كنا أخذنا منك الجزية في شبيبتك, ثم ضيعناك في كبرك. فال : ثم أجرى عليه من بيت المال ما يصلحه

“The Commander of the Faithful, ‘Umar, passed by an elderly man amongst the non-Muslim citizens who was begging at people’s doors. ‘Umar said to him, “We have not been fair to you if we have taken the tax from you when you were younger but left you in helplessness in your old age”. After that, ‘Umar issued instructions for the man to receive enough money from the public treasury that would take care of his needs’. [17]

The above informs us of a well-known incident involving an underprivileged, poor Jewish man who was begging for money so as to pay the Jizyah. He was unaware of the fact that his situation exempted him from any payment and in fact obligated the state to look after him which is why he was given money from the treasury and taken care of afterwards. This is clear evidence that the elderly and the unfortunate indigent is not to be taxed, but is rather to be looked after. This also completely demolishes the nonsensical allegation that Islam is anti-semitic or anti-Jew. An astute observer might ask, “How do you know the story related above is of a Jewish indigent?” That is because the above is a concise report of an incident that is elaborated with more details in Abu Yusuf’s Kitab al-Kharaj whereby the man is specifically identified as a Jew. For the sake of brevity we will cite the relevant part where his Jewish heritage is identified:

و قال: من أي أهل الكتاب أنت؟ فقال: يهودي

“And he(‘Umar) said, “From which group amongst the People of the Book do you belong?” The man replied, “I am a Jew”.” [18]

Ensuring the rights of the non-Muslim subject is protected Jundub bin Abdillah r.a. narrates that the Prophet s.a.w. said:

من يخفر ذمتى كنت خصمه ومن خاصمته خصمته

“Whoever disrespects the protection I have granted to a non-Muslim, I will be his enemy, and one whose enemy I become, I will defeat him.” [19]

The Prophet Muhammad s.a.w. is also reported to have said:

ألا من ظلم معاهدا أو انتقصه أو كلفه فوق طاقته أو أخذ منه شيئا بغير طيب نفس فأنا حجيجه يوم القيامة

“Whoever oppresses a non-Muslim subject or puts a burden on him beyond his capacity or forcibly takes away anything from him shall find me to be their advocate on the day of Resurrection (against the oppressing Muslim).” [20]

Writing on the treatment of non-Muslim subjects under an Islamic government and citing a similar hadith to the above Winter and Williams write:

“Jewish and Christian citizens of an Islamic state have the status known as dhimma (‘protection’). The Prophet s.a.w. said, ‘Whoever oppresses any Jew or Christian enjoying the dhimma status, shall have me as his adversary.’ A dhimma citizen is exempted from the zakat tax payable by all Muslim citizens, and from conscription (although jurists frequently hold that non-Muslims are entitled to volunteer to fight for their country). Dhimma citizens also enjoy the right to establish their own law-courts where questions of personal law such as marriage, divorce and inheritance are adjudicated by a judge of their own religion, in accordance with their own values. In exchange for the extension of the protection primarily to life and property, dhimma citizens pay a tax known as jizya which may be roughly equivalent to the zakat, a tax paid only by Muslims. Failure to provide this prime service and security renders them non-liable to the payment of this due. Indeed, cases are known of Muslim leaders returning the jizya to their non-Muslim subjects in cases of their inability to extend this protection.” [21]

From Reliance of the Traveller(‘Umdat al-Salik), the narrations cited above and Winter and William one can conclude the following:

Jizyah is specifically for non-Muslim subjects who are able to pay it.
Women, children and the poor are automatically exempted from Jizyah.
Muslims are obliged to sacrifice their lives for the protection of non-Muslims pursuant to the proper observance and fulfillment of the Jizyah system.
The Jizyah is to be tolled or exacted in a kind, lenient, fair and polite manner without involving torture of any kind.
Failure to properly observe the correct etiquette of dealing with non-Muslim subjects incurs the wrath of the Prophet s.a.w. turning him into the non-Muslim’s advocate against the Muslim.
Complete freedom of religion is afforded to non-Muslim subjects to the extent that they are granted the opportunity of judicial autonomy for their own community.
A proper understanding of the Jizyah system cannot in any way stimulate a complaint from thinking non-Muslims. They should as a matter of fact, heartily embrace what is clearly a magnanimous treatment of non-Muslim subjects enshrined in the Islamic constitution. Muslims are not permitted to wage war willy-nilly and treat life in a trivial manner. Life including that of a disbeliever is sacred. Upon citing over 40 narrations of the sacredness of life the erudite Mufti Taqi Usmani writes:

“Many of the above mentioned forty Ahadith have condemned and pronounced warnings against taking the life of not only a Muslim, rather they have condemned unjustly taking the life of any human being, whether Muslim or non-Muslim.” [22]



References:

[1] Winter, T. J., & Williams, J. A. (2002). Understanding Islam and the Muslims: The Muslim Family Islam and World Peace. Louisville, Kentucky: Fons Vitae. P. 82

[2] Muhammad Afifi al-Akiti (2005). Defending the Transgressed by Censuring the Reckless Against the Killing of Civilians. United Kingdom: Aqsa Press. p. 31

[3] Winter, T. J., & Williams, J. A. Op. Cit.

[4] Anon. History of Judaism (Crash Course). Retrieved from http://www.simpletoremember.com/arti...ewish_History/

[5] Cosman, P. C., & Jones, L. G. (2007). Handbook to Life in the Medieval World. New York: Infobase Publishing. p. 91

[6] Zohar, Z. (2005). A Global Perspective on Sephardic and Mizrahi Jewry: An Introductory Essay. In Zion Zohar (ed.), Sephardic and Mizhary Jewry from the Golden Age of Spain to Modern Times. New York: New York University Press. p. 9

[7] Scheindlin, R. P. (2000). A Short History of the Jewish People: From Legendary Times to Modern Statehood. New York. Oxford University Press. pp. 82-83

[8] Ibid. p. 73

[9] Ibid.

[10] Roth, N. (1994). Jews, Visigoths & Muslims in Medieval Spain: Cooperation and Conflict. Leiden, The Netherlands: E. J. Brill. pp. 171-172

[11] Frater, J. (2011). I Call Bullshit: Debunking the Most Common repeated Myths. Berkeley, California: Ulysses Press. p. 246

[12] Ahmad Ibn Naqib Al-Misri (1994). Reliance of the Traveller (Nuh Ha Mim Keller, Trans.). Beltsville, Maryland: Amana Publications. (Original work published 1800). p. 608

[13] Sahih Bukhari as cited in Muhammad Tahir-ul-Qadri (2010). Fatwa on Terrorism and Suicide Bombings. London: Minhaj-ul-Quran International. p. 148; Muhammad Taqi Usmani (2010). The Sanctity of Human Life in the Qur’an and Sunnah (Shakir Jakhura, Trans.). Karachi, Pakistan: Maktaba Ma’riful Quran. p. 32

[14] Tahir-ul-Qadri Ibid. p. 149

[15] Ibid. p. 148

[16] Ibid. p. 149

[17] Ibid. p. 150

[18] Ibid. p. 151

[19] Muhammad Taqi Usmani. Op. Cit. p. 32

[20] Sunan Abi Dawud as cited in Kaleem-Ullah Khan (2003). Islam: The Source of Universal Peace. New Delhi, India: Goodword Books. p. 123

[21] Winter, T. J., & William, J. A. Op. Cit. p. 83

[22] Muhammad Taqi Usmani Op. Cit. p. 31

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