Apostate prophet favorite; Dhimmi oppression through Jizya?

In answer to the video "The Infidel and The Jizyah"

Until 9:29, the sura Tawba prescribed divine punishment upon 3 groups; the hypocrites among the Muslims, the treacherous warmongers among the idolaters, and those idolaters insisting on their pagan practices within the sacred precincts of Mecca. 

No punishement is prescribed on the peaceful idolaters beyond Mecca, as well as those in Mecca that refrain from their rituals at the sacred sites re-dedicated strictly to the Islamic religion. They are to be left unharmed as mentionned earlier.

Nor is there until now any legal directive towards the remaining non-Muslims living under Muslim rule, whether in Mecca or beyond. This included the people of the book (Jews and Christians) or the followers of other belief systems, or even atheists 

9:29"Fight those who believe not in God and nor in the Last Day and nor do they forbid what God and His Messenger have forbidden and nor do they follow the religion/DEEN of truth from among the people of the book, till they give the compensation with a willing hand, while they are humble".

This verse, as attested by the prophetic practice, is not restricted to the people of the book. It covers any religion that was and could potentially fall under Muslim rule as a result of provoked warfare. The verse mentions 4 categories;

1- Those who do not believe in God 

2- Those who reject the resurrection 

3- Those who regard as lawful what Allah and the prophet have forbidden. Those that pass the 2 preceding criteria by believing in God and the concept of resurrection, should adhere to Islam as the only reasonable spiritual reality. If they make the choice not to, then they are believers in one of the many man made religions that does not forbid what Allah has forbidden through His prophet in the Quran and sunna. Or they might be from the people of the book, believers in God and the resurrection. Being sincere in their faith, they should, like the aforementioned group naturally enter the fold of Islam. The Quran speaks of them, those that remained truthful to the scriptures in anyway, shape or form it reached them, trying to follow it to the best of their ability. Their sincerity, unprejudiced, praiseworthy reading and understanding of their books led many of them to eventually believe in the revelation bestowed on the prophet Muhammad 2:121,83,3:113-115,199,4:162,5:13,66,69,83,7:159-170,17:107-9,28:52-4. But those that make the choice not to, they remain as people of the book who despite their sincerity in faith, do not regard as forbidden what Allah and His messenger forbade.

4- Those who do not follow the DEEN of truth from among the people of the book. The root D-Y-N means rule or debt or any obligation. It may be summarized as "system". It is used this way in the Quran 9:36,12:76 classical literature and even in common Arabic speak. Whenever the preposition "mina" is used before a composite entity, or a group, and that this entity is given a qualification, then "mina" carries the meaning of "among", pointing to a portion from among that composite entity 4:46,160,5:5,23,41,57,107,8:65,57:10. "The Deen of truth" in that phrase cannot refer to Islam as a religion. One cannot speak of a portion from among the people of the book as being followers of Islam while others reject it. This speaks of the Jews and Christians whom the Quran in many places condemns as sinful, insincere to the truth of their own books. The praiseworthy among them, followers of "the deen of truth" were those included in the 3rd category.

None of the groups above are to be fought until they become Muslims. Rather until they pay the jizya in submission to the Islamic rule. That subjection is in relation to the Islamic system which they are now bound to, being permanent non Muslim residents under protection of the Muslim state. The majority of Muslim scholars have understood the passage in that way. See for example al-Shafi'i, Al-Umm, Vol. 4, Ahmad Mustafa al-Maraghi's Tafsir Vol. 10 or Fatani, Ikhtilaf al-Darin p48. This is also seen by the fact that the musta'min (a non Muslim temporary resident) is not subjected to the Islamic legal system nor the jizya, according to the Hanafi school. That subjection has thus nothing to do with humiliation, as some have interpreted, and without any evidence in the prophetic practice nor that of the first caliphs. Humiliation does occur however, when those non-Muslim residents of the Islamic state refuse to pay government taxes to the point they have to be forcefully made to. Just as Muslims, shortly after the prophet's death had to be fought, humbled, and forced to pay the government taxes under Abu Bakr's caliphate.

Commenting on the rules of wars as stipulated in Deut20, and in regards that specific point of subjugation, Jewish law states that 

“The subjugation they must accept consists of being on a lower level, scorned and humble. They must never raise their heads against Israel, but must remain subjugated under their rule. They may never be appointed over a Jew in any matter whatsoever”. (Mishneh Torah, Kings and Wars 4).

Jewish war ethics further say that no arrangement is even considered in case a conquered people refuses to abandon idolatry, until they accept st least the laws of Noah as stipulated in the Torah;

“Similarly, a treaty cannot be made with a city which desires to accept a peaceful settlement until they deny idol worship, destroy their places of worship, and accept the seven universal laws commanded Noah's descendants. For every gentile who does not accept these commandments must be executed if he is under our undisputed authority. 

Moses only gave the Torah and mitzvot as an inheritance to Israel, as Deuteronomy 33:4 states: 'The Torah... is the inheritance of the congregation of Jacob,' and to all those who desire to convert from among the other nations, as Numbers 15:15 states 'the convert shall be the same as you.' However, someone who does not desire to accept Torah and mitzvot, should not be forced to.

By the same regard, Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah's descendants.

If one does not accept these commands, he should be executed. A person who formally accepts these commands is called a resident alien. This applies in any place. This acceptance must be made in the presence of three Torah scholars.

A Noachide who converted, was circumcised, and immersed in the mikveh, and, afterwards, decided to forsake God and revert to his previous status as a resident alien is not granted permission to do so. Rather, he must remain as an Israelite in all matters or be executed”.

The order to fight therefore in the Quran isnt motivated by a choice of creed otherwise the mere paying of a tax would not have been enough to end the fighting, rather a forceful conversion would. Yet that option is never proposed in the verse. The only issue for them is explicitly spelled out; Payment of taxes and submission to the laws of the religious state they live in as members of a different religion on whom different rights and obligations apply. The governement has actually more to gain in wealth and manpower if they convert, especially in early times when Muslims were a minority in these newly conquered lands. Yet they are told to keep their religion and autonomy instead.

Converting to Islam, something that isnt incumbent upon them, would end the command to fight them should they insist on not paying the jizya. But they will not escape being fought should they refuse honoring the duties that fall upon them as Muslims, including contributing financially to the functioning of the Islamic state, as well as obligations that did not apply to their former religious communities, like military service. There really is no true incentive for them to leave their religion which is why the option is never proposed in the verse.

The verses that follow illustrate some of the transgressions of the people of the book, and their causes, such as deification of prominent personalities, blind following of their religious leaders etc, while no blame is placed on them for not following Islam. These dark deviations in religion will never extinguish the light of guidance, no matter how much the disbelievers among the people of the book dislike it 9:32. The verse employs the image of a person attempting to extinguish a strong light with a blow from the mouth, to illustrate the relative feebleness of his position.

The passage ends with the reiteration of a prophecy made long before 48:28,61:9 regarding the prevailing of the deen/way of truth sent by the One true God over all other ways no matter how much the polytheists dislike it 9:33. The wording of this verse is very appropriate since it specifically mentions the polytheists, followers of non-divine religions, as disliking the establishment of the deen of truth. The people of the book, sincere to their scriptures as pointed earlier, will not dislike the establishment of a Godly system, since it does not only mean establishing Islam, but also exposing and establishing the truth of their own religion 

5:83"And when they hear what has been revealed to the messenger you will see their eyes overflowing with tears on account of the truth that they recognize".

The Jizya is a collective tax, not a head tax. It is imposed on the people of dhimma, the diminutive for dimmat Allah wa rasulih, the protection of God and His messenger. This connection demonstrates the significance of the dhimmis, making them eligible for protection under divine obligation. The prophet applied the command upon Jews, Christians, Zoroastrians and according to some scholars like abu Hanifa, the pagans, based on a prophetic saying 

"If they (Arab polytheists) accept the dhimmah contract (aqd al-dhimmah), then inform them that they have the same rights and duties as Muslims". 

The jizya imposed on them is a collective tax because it is agreed upon by mutual consultation, not arbitrarily decided by the Muslim state. Each individual was imposed depending on his financial capacity. The benefits which the government offers in exchange of the due jizya, are matters of communal and national interest - defending the territory from outside aggression, establishing security, maintaining the environment, building infrastructure, etc., not the sort of benefits you can opt out of. The earliest Muslim rulers even appointed a portion of the Muslim zakat to feed the needy among the people of the book, even though they were exempted from paying the jizya. When a Jew came asking the caliph Umar for money, he said 

"go find him and those like him, and give them out of the public treasury". 

It is known that together with the needy, the clergy was also exempted from the tax by the Muslim authorities. And yet they fully benefited from government services, including military protection and infrastructure. These exception to the rule of 9:29 are based upon strong and firm unconditional principles as regards the Muslim duty towards the weak in any society, and the preservation of the worship sites of the people of the book where the name of Allah is mentionned. There is thus a strong Quranic basis for the policy of most Muslim rulers, including as early as the caliph Umar, of being selective in the application of the jizya upon the people of dhimma. 

Even though Jizya it is not a personal head tax, for the sake of argument, one can either pay taxes willingly, or be punished through several forceful means including jail in case of refusal, or leave the country. In a secular state the issue is pretty much the same. Special taxes will apply to alien residents, who in addition to having to compensate the state for providing them with benefits of all kind, must also exempt themselves from the obligations and rights that apply to the citizen of that state (military service, various taxes on salaries, financial regulations etc). Paying that tax will protect them from being pursued and punished by that government. 

Some insidious critics like calling it "protection money". Every taxation system in the world is in fact aimed at providing protection; either by financing a system that preserves the well-being of the society as a whole, or by protecting against punishment, since failing to pay results in sanctions. Jizya is the rightful compensation demanded from the dhimmi, in exchange of the exemption from the laws, rights, obligations, penalties etc of that state religion in matters that do not concern the society as a whole. That is because the sharia for Muslim governance of non-Muslim citizens is that non-Muslims should not be forced to follow the moral laws dictated in the Quran. 

The idea that this model oppressed non Muslim dhimmis to the point they preferred conversion is unfounded, without any historical and documented basis. It wasnt therefore a system aimed at enriching anyone, but a legitimate compensation for concrete services and exemptions. That is why non-Muslims that volontarily participated in the military were exempted from the tax. Those that paid the tax and werent properly served were refunded. For instance when Muslim ruled Syria was threatened with invasion by the Romans and the Muslim ruler doubted whether he would be able to protect the non-Muslims of that region, he hastily returned their jizya money which was supposed to be partly aimed at guarantying their protection. Abu Ubaydah ibn al Jarrah told the Christians they would be bound by the agreement again only if he is able to fend off the Roman invasion. The Christians consequently prayed for Muslim victory, knowing that the Romans would never behave with them in such a manner.
 
Under that system, non Muslims enjoy complete religious autonomy as long as it does not conflict with the state religion. For example selling alcohol publicly. Dhimmis may deliberate, individualy deny, or reform their religious laws to their liking and to fit their desires without any concern about the laws of the state, again, so long as no conflict occurs between the 2. For example it is well known that Christian and Jewish elites enacted laws preventing their people from resorting to a Muslim judge in cases where their own laws were unfavorable.

The misinformed critics arguing that jizya was an unfair system aimed at enriching the Muslim state may be thinking of the divinely blessed taxation and hoarding of riches and spoils by king David and his appointed governors in his conquests. This wealth was dedicated to the building of national religious edifices (on the ruins of other people's) 2Sam8,1Chr18:2,6,8,13,20:1-2,26;26-7 and meant for personal glory as well 2Sam12:29-31. The wise king and prophet Solomon would continue in this pattern, in line with the rules of the monarchy dictating that the king's expenditures (a "heavy yoke" that ultimately caused the scission of the kingdom of Israel after Solomon's death 1Kings12) should be collected indiscriminately, contrary to the jizya that spares the needy and weak 1Sam8:11 (some exemples of the daily rights, gifts and luxuries of the Jewish monarch to be brought forth by conquered nations in 1Kings5:1-7,9:14-15,27-28,2Chr27:5). Solomon similarily to David had appointed representents that collected his levy from Jews and non-Jews, the difference between the 2 groups being that when the conquered nations could not pay they were reduced to forced labor 1Kings9:21. Contrary to this subduing system aimed at benefiting a party and lowering another, going back to the days of Joshua (Josh16:10) and before, jizya partly financed the functioning of a society in which those who paid it were fully part of.

These are the detailed rabbinic derivations as regards the wealth of foreign nations that fall under Jewish possession after wars of conquest;

(Mishneh Torah, Kings and Wars 4)”The king is granted license to levy taxes upon the nation for his needs or for the purpose of war. He may also fix a duty on merchandise. It is forbidden to avoid paying this duty. The king has the right to decree that if someone does not pay these duties, his property will be seized or he will be killed.

These laws are derived as follows: I Samuel 8:17 states: 'You will be servants to him, the king.' Previously, Deuteronomy 20:11 states: 'They shall be subject to your levy and they shall serve you.' From this association, it is derived that the king may levy taxes and fix duties.

The statutes that he establishes in these and related matters are accepted as law for all the matters mentioned in the Biblical passage concerning the king are rights to which the king is entitled. He may also send throughout the territory of Eretz Yisrael and take from the nation valiant men and men of war and employ them as soldiers for his chariot and cavalry. Similarly, he may appoint them as his body guard and as footmen to run before him as I Samuel 8:11 states: 'He shall place them among his charioteers and his horsemen and they shall run before his chariot.' He may also take the choicest of them to be his servants and attendants as ibid.:16 states: 'He shall take... your finest young men... to do his work.' 

 

Similarly, he may take all those that are necessary for him from the nation's craftsmen and employ them to do his work. He must pay their wages. He may also take all the beasts, servants, and maids that are necessary for his tasks. He must pay their hire or their value as ibid.:12-16 states: 'He will set them to plough his ground and to reap his harvest, to make instruments of war, and gear for his chariots.... He will take your servants, your maids, your finest young men, and your donkeys to do his work.' 

He may force those who are fit to serve as officers, appointing them as leaders of thousands and leaders of fifties as ibid.:12 states: 'He shall appoint them as leaders of thousands and leaders of fifties for himself.' 

He may take fields, olive groves, and vineyards for his servants when they go to war and allow them to commandeer these places if they have no source of nurture other than them. He must pay for what is taken. This is stated in ibid.:14: 'He shall take your good fields, vineyards, and olive groves and give them to his servants. 

 

He is entitled to a tenth of the produce of the seed and the orchards and the newborn beasts as ibid.:16-17 states: 'He will take a tenth of your seed and your vineyards...He shall take a tenth of your sheep.' 

The Messianic king may take a thirteenth portion of all the lands conquered by Israel as his own. This will be an allotment for him and his descendants forever. 

The property of all those executed by the king, belongs to the king. Similarly, all the treasures belonging to the kings of the kingdoms which he conquers become the property of the king.

In regard to the other spoil which is taken. The soldiers may take spoil. Afterwards, they must bring it to the king. He is entitled to one half of the spoil. He takes this portion first.

The second half of the spoil is divided between the combat soldiers and the people who remained in camp to guard the baggage. An equal division is made between them as I Samuel 30:24 relates: 'The portion of those who go down to the battle will be as the portion of those who stay with the baggage. They shall divide equally.' 

All the lands that he conquers belong to him. He may apportion them to his servants and soldiers as he desires and keep the remainder for himself. In all these matters, the judgement he makes is binding.

In all matters, his deeds shall be for the sake of heaven. His purpose and intent shall be to elevate the true faith and fill the world with justice, destroying the power of the wicked and waging the wars of God. For the entire purpose of appointing a king is to execute justice and wage wars as I Samuel 8:20 states: 'Our king shall judge us, go out before us, and wage our wars.' 

A king should not wage other wars before a milchemet mitzvah. What is considered as milchemet mitzvah? The war against the seven nations who occupied Eretz Yisrael, the war against Amalek, and a war fought to assist Israel from an enemy which attacks them.

Afterwards, he may wage a milchemet hareshut, i.e. a war fought with other nations in order to expand the borders of Israel or magnify its greatness and reputation. 

  

War, neither a milchemet hareshut or a milchemet mitzvah, should not be waged against anyone until they are offered the opportunity of peace as Deuteronomy 20:10 states: 'When you approach a city to wage war against it, you should propose a peaceful settlement.'

If the enemy accepts the offer of peace and commits itself to the fulfillment of the seven mitzvot that were commanded to Noah's descendents, none of them should be killed. Rather, they should be subjugated as ibid.:11 states: 'They shall be your subjects and serve you.'

If they agree to tribute, but do not accept subjugation or if they accept subjugation, but do not agree to tribute, their offer should not be heeded. They must accept both.

The subjugation they must accept consists of being on a lower level, scorned and humble. They must never raise their heads against Israel, but must remain subjugated under their rule. They may never be appointed over a Jew in any matter whatsoever.

The tribute they must accept consists of being prepared to support the king's service with their money and with their persons; for example, the building of walls, strengthening the fortresses, building the king's palace, and the like as I Kings 9:15-22) relates: "This is the tribute which Solomon raised to build the House of God, his own palace, the Milo, the wall of Jerusalem,... and all the store-cities which Solomon had... All the people that remained from the Amorites... upon them did Solomon lay a tribute of bondservice until this day."

In contrast, Solomon did not make bondsmen out of the children of Israel. They were men of war, his personal servants, his princes, his captains, the officers of his chariots, and his horsemen. 

In the settlement he offers, the king may propose that he is entitled to take half their financial resources. Or he may propose to take all their landed property and leave them their movable property; or to take all their movable property and leave their land. 

  

If they do not agree to a peaceful settlement, or if they agree to a peaceful settlement, but refuse to accept the seven mitzvot, war should be waged against them.

All males past majority should be killed. Their money and their children should be taken as spoil, but neither women or children should be killed, as Deuteronomy 20:14 states: 'But the women and the children... take as spoil." 'The children' refer to males below the age of majority”.