Ijnv.oi
I..UM?ARV
STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY
Volume LXVIII]
[Whole Number 163
THE ORIGINS OF THE ISLAMIC STATE
BEING A TRANSLATION FROM THE ARABIC
ACCOMPANIED WITH ANNOTATIONS^ GEOGRAPHIC AND HISTORIC NOTES OF THE
KITAfi FUTUH AL-BULDAN
\al-Imdm abu-1 'Abb&s^Ahmad ibn-J&bir al-Bal&dhuri J 'a o Ba\ac\urv
BY
PHILIP KHURI HITTI, PH.D.
On ike permanent staff of the Syrian Protestant College, Beirut, Syria Ouitav Gottkeil Lecturer in Columbia University
Vol.. I
tjork COLUMBIA UNIVERSITY
LONGMANS, GREEN & CO., AGENTS
LONDON : P. S. KING & SON, LTD.
1916
COPYRIGHT, 1916 BY
THE FACULTY OP POLITICAL SCIENCE OF COLUMBIA UNIVERSITY, NEW YORK
go
MY TEACHER, FRIEND AND COLLEAGUE, PROFESSOR RICHARD J. H. GOTTHEIL, PH.D.
OF COLUMBIA UNIVERSITY
FOREWORD
INTEREST in the Nearer East has increased our desire to know as accurately as is possible the beginnings of the faith and of the various states that have played so important a part in its history. The Arabs themselves have had, from the earliest times, a keen sense for historical tradition and an equally keen desire to preserve that tradition in writing. There is, perhaps, no people of earlier times that has left us so large an amount of documentary evidence as to its be- ginnings as they have. The evidence, of course, needs sift- ing and sorting according to the canons of criticism we have learned to employ in all such cases. But, this work cannot be done by Oriental scholars alone, whose time is often taken up largely with the philological and literary examination of the texts that have come down to us. It is, therefore, eminently a part of their duty to render these texts accessible to students of history who are not masters of the Arabic language.
Dr. Hitti has undertaken this task in connection with the record of one of the earliest Arab historians whose work has been preserved. Since its publication in 1866 by Pro- fessor de Goeje, al-BaJadhuri's " Futuh al-Buldan" has been recognized as one of our chief authorities for the period during which the Arab state was in process of for- mation. This task of translating has not been a simple one : proof is that the attempt has not been made before this. The style of al-Baladhuri is often cryptic and unintelligible. This is perhaps due to the fact that the work, as it has reached us, is a shortened edition of a much larger one
vj FOREWORD
which, though existent up to the seventeenth century, has not been found in any of the collections of manuscripts to which we have access. In its present form, the work men- tions often men and matters that probably were treated of in the longer recension, but of which now we know nothing. Dr. Hitti's translation is, therefore, in a certain sense also, a commentary and an exposition. As such, I trust that it will be found useful to Orientalists as well as to students of history. His fine sense for the niceties of Arabic expres- sion has often enabled him to get through a thicket that is impenetrable to us Westerners.
RICHARD GOTTHEIL. COLUMBIA UNIVERSITY, JANUARY, 1916.
CONTENTS
PAGE
FOREWORD
INTRODUCTION
Arabic Historiography with Special Reference to al-Baladhuri. i
PART I— ARABIA CHAPTER I
Al-Madinah 15
CHAPTER II
The Possessions of the banu-an-Nadir 34
CHAPTER III
The Possessions of the banu-Kuraizah 40
CHAPTER IV
Khaibar 42
CHAPTER V
Fadak 50
CHAPTER VI
Wadi-1-Kura and Taima' 57
CHAPTER VII
Makkah 60
CHAPTER VIII
The Wells of Makkah 77
CHAPTER IX
The Floods in Makkah 82
CHAPTER X
At-Ta'if 85
CHAPTER XI
Tabalah and Jurash 91
CHAPTER XII
Tabuk, Ailah, Adhruh, Makna and al-Jarba' 92
CHAPTER XIII
Dumat al-Jandal 95
vii
viii CONTENTS
PAGE
CHAPTER XIV
The Capitulation of Najrin 98
CHAPTER XV
Al-Yaman 106
CBAPTEI XVI
TJmin 116
CHAPTER XVII
Al-Babrain 120
CHAPTER XVIII
Al-Yamamah 132
CHAPTER XIX
The Apostasy of the Arabs in the Caliphate of abu-Bakr as-
Siddik .'. 143
CHAPTER XX
The Apostasy of the banu-Wali'ah and al-Ash'ath ibn-Kais ibn-
Ma'dikarib ibn-Mu'awiyah-1-Kindi 153
CHAPTER XXI
Al-Aswad al-'Ansi and those in al-Yaman who Apostatized with him 159
PART II-SYRIA CHAPTER I
The Conquest of Syria 165
CHAPTER II
The Advance of Khalid ibn-al-Walid on Syria and the Places
he Reduced on his Way 169
CHAPTER III
The Conquest of Busra 173
CHAPTER IV
The Battle of Ajnadin (or Ajnadain) 174
CHAPTER V
The Battle of Fihl in the Province of the Jordan 176
CHAPTER VI
The Province of the Jordan 178
CHAPTER VII
The Battle of Marj as-Suffar 182
CHAPTER VIII
The Conquest of Damascus and its Province 186
CHAPTER IX
. 200
CONTENTS ix
PAGE
CHAPTER X
The Battle of al-Yarmuk 207
CHAPTER XI
Palestine 213
CHAPTER XII
The Province of Kinnasrin and the Cities called al-'Awasim. . . 223 CHAPTER XIII
Cyprus 235
CHAPTER XIV
The Samaritans 244
CHAPTER XV
Al-Jarajimah 246
CHAPTER XVI
The Frontier Fortresses of Syria 253
PART III— MESOPOTAMIA CHAPTER I
The Conquest of Mesopotamia [al-Jazirah] 269
CHAPTER II
The Christians of the banu-Taghlib ibn-Wa'il 284
CHAPTER III
The Fortifications of the Mesopotamian Frontier 287
CHAPTER IV
Arabic made the Language of the State Registers 301
PART IV— ARMENIA CHAPTER I
The Conquest of Armenia 305
PART V— NORTHERN AFRICA CHAPTER I
The Conquest of Egypt and al-Maghrib [Mauritania] 335
CHAPTER II
The Conquest of Alexandria 346
CHAPTER III
The Conquest of Barkah and Zawilah 352
CHAPTER IV
The Conquest of Tripoli 355
x CONTENTS
PAGE
CHAPTER V
The Conquest of Ifrikiyah .................................. 35°
CHAPTER VI
The Conquest of Tanjah [Tangiers] ......................... 3&*
PART VI— ANDALUSIA
CHAPTER I
The Conquest of Andalusia ................................ 3$5
PART VII-ISLANDS IN THE SEA
CHAPTER I
The Conquest of Certain Islands in the Sea .................. 375
PART VIII-NUBIA
CHAPTER I
Terms made with Nubia .................................... 379
CHAPTER II
The Karatfs ................................................ 3»3
PART IX— AL-'IRAK AND PERSIA
CHAPTER I
The Conquest of as-Sawad .................................. 387
The Caliphate of abu-Bakr as-Siddik. CHAPTER II
The Caliphate of 'Umar ibn-al-Khattab ...................... 401
CHAPTER III
The Battle of Kuss an-Natif, or the Battle of al-Jisr ......... 403
CHAPTER IV
The Battle of Mihran or an-Nukhailah ...................... 405
CHAPTER V
The Battle of al-Kadisiyah ................ 409
CHAPTER VI
The Conquest of al-Mada'in ............ 417
CHAPTER VII
The Battle of Jalula' ...................... 420
CHAPTER VIII
The Founding of al-Kufah ...................... 434
CONTENTS xi
PAGE
CHAPTER IX
Wasit al-'Irak 449
CHAPTER X
Al-Bata'ih 453
CHAPTER XI
Madinat as-Salam 457
CHAPTER XII
Arabic made the Language of the Register 465
PART X— MEDIA [AL-JIBAL] CHAPTER I
IJulwan 469
CHAPTER II
The Conquest of Nihawand 471
CHAPTER III
Ad-Dinawar, Masabadhan and Mihrijankadhaf 478
CHAPTER IV
The Conquest of Hamadhan 481
CHAPTER V
Kumm, Kashan and Isbahan 485
CHAPTER VI
The Death of Yazdajird ibn-Shahriyar ibn-Kisra ibn-Abarwiz ibn-Hurmuz ibn- Anushirwan 490
INDEX 495
ERRATA 5*7
INTRODUCTION
ARABIC HISTORIOGRAPHY WITH SPECIAL REFERENCE TO AL-BALADHURI
ALTHOUGH rudimentary elements of historiography can be traced back to the description of the " days ", i. e., the battles between the tribes, and such stories as the " Ma' rib dam ", " the owners of the elephant " and the digging of the " Zamzam well " — all of pre-Islamic antiquity — , yet Arabic historical writing, in the strict sense of the term, is a branch of Islamic literature. Interest in Muhammad necessitated the compilation of traditions (Ar. hadith) relating to the life and campaigns of the Prophet and his companions. The communistic theocracy of warriors under the early caliphs, and particularly 'Umar's system of assigning state pensions to Moslems according to their kinship to the Prophet, gave impetus to the study of genealogy in which even pagan Arabs, who attached special importance to descent, were interested. The elucidation of passages in poetry, one of the earliest and most fully-developed modes of expression among the Arabs, and the necessity of determining persons and places referred to in their religious literature made phil- ologists apply themselves to historical research. The three sources of Arabian history therefore are: (i) pre-Islamic stories, (2) traditions relative to the life and campaigns of the Prophet and the companions, and (3) genealogical lists and poetical compositions. The earliest books of history are: biography (sirah), books of campaigns (maghazi), and books of genealogy and classes (ansdb wa-tabakdt) .
THE ORIGINS OF THE ISLAMIC STATE
The domains of theology, law and history in their early rise overlap and are not sharply defined from one another.
No student of Arabic literature fails to be impressed with the fact that the bearers of the torch of learning among the Arabs were in most cases of foreign and particularly of Per- sian stock. This is to be explained by the fact that public opinion considered it contemptible for the Arab to busy himself with the pursuit of knowledge to the neglect of the noble art of warring. To this general tendency, however, studying anecdotes, transmitting traditions, and remember- ing stories — especially if they commemorated the deeds of heroes, orators and poets, formed a conspicuous example. We read in al-Mas'udi * that Mu'awiyah the founder of the Umaiyad dynasty " devoted one-third of the night to the reading of the news and battles of the Arabs and non- Arabs." We also read in al-Baydn 2 that al-Mansur the Abbasid caliph after long hesitation decided to put abu-Mus- lim al-Khurasani to death as a result of hearing an anec- dote about Sapor the Persian king. One of the favorite sayings in early Islam was the following found in al-Ikd al-Farid 3 : " For kings the study of genealogy and histories, for warriors the study of battles and biography, and for merchants the study of writing and arithmetic."
The chief source from which history writing flowed was tradition (hadith). It was a pious custom that when Mos- lems met, one should ask for news (hadith), and the other i ild relate a saying or anecdote of Muhammad. Each event is related in words of eyewitnesses or contemporaries and transmitted to the final narrator through a chain of in- termediate reporters. The authenticity of the reported fact
1 Vol. v, p. 77, Paris, 1869.
'al-Jahiz, vol. ii, pp. 154-155, Cairo, 1313 A. H.
*Vol. i, p. 198, Cairo, 1293 A. H.
ARABIC HISTORIOGRAPHY 3
depends on (i) the continuity of the chain and (2) the con- fidence in each reporter. Thus would al-Baladhuri start his narrative regarding the campaign of the Prophet against Najran:1 " Bakr ibn-al-Haitham related to me, that 'Ab- dallah ibn-Salih related to him, on the authority of al-Laith ibn-Sa'd, on the authority of Yunus ibn-Ziyad al-Aili, on the authority of az-Zuhri, who said. . . ."
This form of historic composition is unique in the case of the Arabs and meets the most essential requirements of modern historiography, namely, " back to the source " and " trace the line of authorities." The system, however, has its drawbacks in that it crystallized the record of events and rendered deviation from the trodden path sacrilegious. Aside from the use of judgment in the choice of isnad — the series of authorities — the Arabian authors exercised very little power of analysis, criticism, comparison or infer- ence, their golden rule being " what has been once well said need not be told again." At-Tabari, in the introduction to his great work, gives expression to that principle, where, conscious of the exception that many of his readers might take to some of his reports, he pleads,2 " We only transmit to others what has been transmitted to us."
Another way of handling traditions is that in which the compiler combines different traditions into one continuous whole, prefixing a statement of his authorities or contenting himself by interrupting the narrative, wherever need may be, by citing the particular authority. While al-Baladhuri is an exponent of the former type and spares no pains in basing every fact, whenever possible, on an independent isnad, yet he sometimes resorts to the other method as he himself acknowledges in the first lines of his Futuh (p. 15) :
1 Futuh al-Buldan, p. 98.
' Vol. i, p. 7, ed. De Goeje, Leiden. 1879-1881.
4 THE ORIGINS OF THE ISLAMIC STATE
41 1 have been informed by certain men learned in tradition, biography and the conquest of the lands whose narratives I transmitted, abridged and pieced up together into one whole/' etc. Where his store of authorities fails him, al- Baladhuri introduces his narratives by " they said," or "he said," or " it was said."
On a geographical basis, Moslem tradition may be grouped into two categories : ( I ) that of al-Madinah as represented by Muhammad ibn-Ishak and al-Wakidi, and (2) that of al-'Irak. Notwithstanding the fact that al-Baladhuri lived in Baghdad, the tradition of al-Madinah, which for obvious reasons is more reliable than that of al-'Irak, forms the basis of his works.
History, whose domain in the time of the first four caliphs was not sharply defined, made its full appearance, and was recorded for the first time under the sway of the Umaiyads. According to al-Fihrist? Mu'awiyah ibn-abi- Sufyan 2 summoned from al-Yaman one, 'Abid ibn-Shar- yah, and asked him about past events, histories of the Arabs and foreign kings and " ordered that the answers be re- corded." This " book of the kings and past events," how- ever, is lost.
The early favorite forms of writing history were biog- raphy, genealogy and description of campaigns. The oldest biography is Sirat Rasul Allah written for al-Mansur by ibn-Ishak (d. 151/767). This we do not possess in its original form but only in the recension of ibn-Hisham (d. 213/834). Genealogy borders on biography and, call- ing for elucidation, both lead on to history. Genealogical books were first written in the Umaiyad period. The genea- logical list served as an army roll. The study of tradition
1 p. 89, ed. Flugel. » caliph 41-60/661-680.
ARABIC HISTORIOGRAPHY 5
necessitated the study of the life and character of the re- porter on whom the authenticity of the report depends. Thus the reporters were classified into classes (tabakdt), The most famous writer of tabakdt was ibn-Sa'd (d. 230), the secretary of al-Wakidi and the compiler of Kitdb at- Tabakdt al-Kabir.
Campaigns playing an important role in the life of Mu- hammad and the early caliphs soon began to assert their claim for special attention and were treated in special books. Besides, the necessity of recording and studying the cam- paigns arose from the fact that in levying a tax (khardj) on the conquered land, those in authority were first confronted with the task of determining whether it was taken " by peace ", " by capitulation ", or " by force ", and what the terms in each case were. This gave rise to many books on campaigns (maghdzi), one of the oldest of which is al- Wakidi's (d. 207/822). Some books were issued treating of the conquest of one city, most of which books have been lost. Given a number of books on the conquest of different cities, the next step would be to compile them into one whole. That step was taken by al-Baladhuri — the last great his- torian of Moslem campaigns.
Before the Abbasid period no books on general history were attempted. In the golden age of the Abbasid caliphate and under Persian influence, historiography flourished and developed a new form of composition. The translation of such books as the Pehlevi Khuday-Nama by ibn-al-Mu- kaffa* into the Arabic Kitdb al-Muluk, coupled with the fact that the Moslem commonwealth was now richly recruited by Persian converts, made the idea of chronological collo- cation of events, for which the school of al-Madinah had paved the way, develop to the plan of a complete series of annals. The first to undertake such a history was at-TabarL Thus the historian who at the rise of Islam was a tradition-
6 THE ORIGINS OF THE ISLAMIC STATE
ist or reporter becomes now a chronicler. The annalistic method of at-Tabari was followed by ibn-al-Athir and abu- 1-Fida.
Al-Mas'udi inaugurated a new system of writing history. Instead of grouping events around years as center, he grouped them around kings, dynasties and races. His sys- tem was followed among others by ibn-Khaldun, but did not win so much favor as that of at-Tabari.
The first record we have regarding the life of al-Balad- huri is that of al-Fihrist.1 Other sources for his life are Yakut, Mu'jam al-Udaba, (pp. 127-132)* and al-Kutubi, Fawat al-Wafaydt (Vol. I, pp. 8-9, Bulak, 1283). Ibn- Khallikan refers to him on more than one occasion but does not give his biography.3 From these sources we learn that Ahmad ibn-Yahya ibn-Jabir al-Baladhuri was a native of Baghdad descended from Persian stock. His grandfather, Jabir, was secretary to al-Khasib, minister of the finances of Egypt under the caliph ar-Rashid. Ahmad was an intimate friend of the caliphs al-Mutawakkil and al-Musta'in and tutored 'Abdallah, the brilliant son of al-Mu'tazz. He dis- tinguished himself in poetry — especially satires, tradition and genealogy. The year 279/892 saw his death, mentally de- ranged as a result of drinking the juice of the anacardia ( balddhur) ; hence-his surname al-Baladhuri. Besides writing 1'utnh al-Buldan, which is a digest of a larger work that has been lost, he wrote Ansab al-Ashrdf,4 of which only two volumes are preserved, one in the Schefer collection of the
'p. 113, ed. Fliigcl.
1 Leiden, 1907, ed. Margoliouth.
•See also de Goeje's introduction to al-Baladhuri; and Hamaker, Specimen Catalog*, p. 7 seq.
4 Lineage of Nobles. See Hajji Khalifah, vol. i, pp. 455 and 274, ed. Fliigel, Leipzig, 1835.
ARABIC HISTORIOGRAPHY y
Bibliotheque Nationale,1 and the other has been autographed by Ahlwardt.2 Al-Mas'udi 3 quotes al-Baladhuri's ar-Radd- fala ash-Shucubiyah (Refutation of ash-Shu'ubiyah),4 which book is also lost.
Of the works of al-Baladhuri the one that claims our special attention is Futuh al-Bulddn.5 The book shares with other books of Arabic history the advantage of tracing the report back to the source. Being a synopsis of a larger work, its style is characterized by condensation whereby it gains in conciseness but loses in artistic effect and clear- ness. Certain passages are mutilated and ambiguous. It is free from exaggeration and the flaws of imagination. Throughout the work the sincere attempt of the author to get to the fact as it happened and to record it as it reached him is felt. The chapters on colonization, soldier's pay, land tax, coinage and the like make it especially valuable.
The book does not escape the weaknesses common to Arabian histories. The " ipse dixit " which was a source of strength was also a source of weakness. Once the words supposed to have been uttered by a contemporary or eye- witness are ascertained, the author feels his duty fulfilled, and his function as a historian degenerates into that of a reporter. The personal equation is not only reduced but the personality of the author is almost eliminated, appear- ing only as a recipient of a tradition. Scarcely an opinion or remark is made. The intellect is not brought to bear on the data.
*De Goeje, ZDMG, XXXVIII, 382-406.
2 Greifswald, 1883. Cf. Noldeke, GGA, 1883, P- 1096 seq.; Thorbecke, Lbl. Or. Phil., vol. i, pp. 155-156.
'Vol. iii, pp. 109-110.
*Goldziher, Muhammedanische Studien, vol. i, p. 166.
5 ed. De Goeje, Leiden, 1866. See Noldeke, GGA, 1863, 1341-1349.
g THE ORIGINS OF THE ISLAMIC STATE
A weak characteristic of Arabic historians is their utter disregard of the social side of national life. Political his- tory to them is history par excellence. It should, however, be said, to the credit of al-Baladhuri, that while from a modern standpoint he is defective in that respect, still he stands superior to other historians.
As one reads Futuh al-Bulddn and is struck by the fact that a long chapter is devoted to the " digging of the wells of Makkah 'V whereas the conquest of Tripoli, Africa, is dismissed with a few words,2 he cannot help feeling his sense of proportion suffer. Most of the two chapters entitled " The Founding of al-Kufah " 3 and " of al-Basrah " 4 are devoted to the explanation of the names given to baths, canals and castles and only a small part relates to actual colonization.
One might also add that Arabic historians were not very sensitive on the question of indecency of language. In general the language of Futuh is clean, with the excep- tion of the case of al-Mughirah, the governor of al-Basrah under 'Umar.5
According to Haji Khalfa,6 the first writers on biography and campaigns were, among others, 'Urwah ibn-az-Zubair (d. 93) and Wahb ibn-Munabbih (d. 114) ; and we read7 that Muhammad ibn-Muslim az-Zuhri wrote a book of cam- paigns. These works are all lost and the first biography we have is that of ibn-Hisham (d. 213) based on ibn- Uhak (d. 151). Az-Zubair and az-Zuhri, as well as ibn- Ishak, are among the sources of al-Baladhuri.
That in most cases the same tradition that underlies the
« pp. 77-82. 2 pp. 355.
8 pp. 434-448. * pp. 346-372 in De Goeje's edition.
8 pp. 344-345 in De Goeje's edition. fl Vol. v, p. 646. T In vol. v, pp. 154 and 647.
ARABIC HISTORIOGRAPHY 9
life of Muhammad according to ibn-Hisham is made use of by al-Baladhuri in the first chapters of his Futuh is made evident by a comparison of the chapters on the banu-an- Nadir, Khaibar and Tabuk. x Al-Baladhuri makes no mention of ibn-Hisham but quotes ibn-Ishak eleven times. The isndd in Baladhuri being longer, it might be conjectured that he did not get his material at first hand from ibn-Ishak's work but through subsequent reporters. Al-Mada'ini lived from 135-215 (753-830). He wrote a " history of the caliphs " and a book of " campaigns ", both of which are lost and are known only by excerpts through al-Baladhuri, at-Tabari and Yakut. Of these, al-Baladhuri alone has over forty citations from him.
Al-Wakidi (d. 207/823) wrote 28 books recorded in al- Fihrist? only a few of which have come down to us. Hav- ing lived at Baghdad his works were certainly accessible ta al-Baladhuri, who quotes him on 80 different occasions and more than any other source. Most of the quotations are made through ibn-Sa'd, the secretary of al-Wakidi, and one of al-Baladhuri 's teachers. A comparison between the cam- paigns against banu-an-Nadir 3 and banu-Kuraizah 4 in al- Baladhuri, and the corresponding ones in al-Wakidi's Kitdb al-Maghazi? shows many points of contact but no absolute interdependence.
Ibn-Sa'd (d. 230) being the disciple of al-Wakidi and the professor of al-Baladhuri acted as a connecting link between the two. In his Futuh, al-Baladhuri has 48 citations from him, many of which were communicated by word of mouth and were recorded verbatim by al-Baladhuri. In his book
1 Cf. Hisham, p. 652 and Baladhuri, p. 34; Hisham, p. 779 and Balad- huri, p. 42.
2 P. 99- 3 P. 34-
4 p. 40.
5 PP- 353 and 371, ed. von Kremer, Calcutta, 1856.
I0 THE ORIGINS OF THE ISLAMIC STATE
at-Tabakdt (the Book of Classes), many striking similari- ties to the traditions of al-Baladhuri are noticed.
Ad-Dinawari (d. 282/896) was another contemporary of al-Baladhuri. He wrote a number of books of which only one of importance has come down to us, i. e., al-Akhbdr at- Tiwdl.1 Contrary to al-Baladhuri, al-'Irak tradition is the basis of his work. It is probable that neither of the two authors was familiar with the work of the other.
In addition to these, al-Baladhuri quotes many other au- thorities of whom the most favorite ones are: Hammad ibn-Salamah, Bakr ibn-al-Haitham, 'Amir ash-Sha'bi, Suf- yan ibn-Sa'id ath-Thauri, 'Amr ibn-Muhammad an-Nakid and Hisham ibn-al-Kalbi, most of whose works are either unknown to us or have entirely disappeared.
The most illustrious writer on history after al-Baladhuri was at-Tabari (d. 310). According to al-Fihrist and ibn- Khallikan, he traveled in Egypt, Syria and al-'Irak in quest of learning and died in Baghdad. At-Tabari makes no mention of al-Baladhuri.
In the introduction to his remarkable work, Muruj adh- Dhahab, al-Mas'udi (d. 346) cites scores of books from which he drew his material, and among which he mentions al-Baladhuri 's paying it a high tribute in these words, " We know of no better work on the history of the Moslem conquests ".2
Not only did later historians draw freely from al-Bala- dhuri but subsequent geographers used him extensively as a source. The remarkable work of Yakut, Mu'jam al-Bul- ddn, reproduces a great part of the book. Mukaddasi quotes him,* and so al-Hamadhani,4 and al-Mas'udi.5
1 ed. Vladimir Guirgass, Leiden, 1888.
' al-Mas'udi, p. 14, Paris, 1861.
* Ahsan at-Takasim, 313.
*Kitab al-BuIdan, 303, 321. » Kitdb ot-Tonbih, 358, 360.
ARABIC HISTORIOGRAPHY Ir
The above-sketched attempt to view al-Baladhuri in his historic setting warrants the conclusion that the tradition recorded by him was mostly communicated to him by word of mouth and partly through books that have mostly been lost, and that it was a source for al-Mas'udi and Yakut, and through them for many subsequent Arabic historians and geographers.
PART I
ARABIA
CHAPTER I AL-MADINAH
IN THE NAME OF ALLAH, THE COMPASSIONATE, THE MERCIFUL, WHOSE HELP I SOLICIT!
The Prophet in al-Madinah. Says Ahmad ibn-Yahya ibn-Jabir : —
I have been informed by certain men learned in tradition, biography, and the conquest of the lands, whose narratives I transmitted, abridged and pieced up together into one whole, that when the Messenger of Allah emigrated from Makkah to al-Madinah he was entertained as the guest of Kalthum ibn-Hidm ibn-Amru'i-1-Kais ibn-al-Harith ibn- Zaid ibn-'Ubaid ibn-Umaiyah ibn-Zaid ibn-Malik ibn-'Auf ibn-'Amr ibn-'Auf ibn-Malik ibn-al-Aus * in Kuba'.2 So much, however, of his discourse was carried on in the home of Sa'd ibn-Khaithamah ibn-al-Harith ibn-Malik of [the tribe of] banu-as-Salim ibn-Amru'i-1-Kais ibn-Malik ibn-al- Aus that some thought he was the guest of the latter.3
Kuba' Mosque. Of the Companions of the Prophet, the early Emigrants together with those of the Ansdr 4 who had joined him had already built a mosque at Kuba' to pray in, prayer at that time being directed towards Bait-al- Makdis [Jerusalem]. Now, when the Prophet arrived in
1 Ibn-Hajar, Kitdb al-Isabah, vol. iii, pp. 613-614. 2 A suburb of al-Madinah; see Yakut, Mu'jam al-Bulddn, vol. iv, pp. 23-24.
8 Ibn-Hisham, Sirat Rasul Allah, p. 334.
4 The Helpers — originally applied to the early converts of al-Madinah.
15
Ifj THE ORIGINS OF THE ISLAMIC STATE
Kuba', he led them in prayer in it. That is why the people of Kuba' say that it is the one meant by Allah when he says : " There is a mosque founded from its first day in piety. More worthy that thou enter therein." * Others report that the " mosque founded in piety " is that of the Prophet [in al-Madinah].
Abu- Amir ar-Rdhib. 'Affan ibn-Muslim as-Saffar from 'Urwah 2 who gave the following explanation to the text : " There are some who have built a mosque for mischief and 3 for infidelity, and to disunite the ' Believers/ and in ex- pectation of him who, in time past, warred against Allah and his Messenger " : — The mosque of Kuba' was built by Sa'd ibn-Khaithamah and its site was owned by Labbah s where she used to tie up her donkey. The dissenters there- fore said : " Should we pray on a spot where Labbah used to tie up her donkey ? Never. Rather shall we select for our- selves some other place for prayer until abu-'Amir * comes and leads our service." Now, abu-'Amir had fled from the face of Allah and his Prophet to Makkah and thence to Syria where he was converted to Christianity. Hence the text revealed by Allah : " There are some who have built a mosque for mischief and for infidelity and to disunite the ' Believers,' and in expectation of him who, in time past, warred against Allah and his Messenger " — referring to abu-'Amir.
Rauh ibn-'Abd-al-Mu'min al-Makri from Sa'id ibn- Jubair : — Banu-'Amr ibn-'Auf erected a mosque in which the
1 Koran, 9 : 109.
1 The series of authorities introducing a tradition have been cut short throughout the translation, only the first and last authorities being mentioned.
'"Lajja" in F. Wustenfeld, Geshichte der Stadt Medina, p. 131. 4Ibn-Hisham, pp. 561-562; and Geschichte der Stadt Medina, p. 53.
AL-MAD1NAH !7
Prophet led them in prayer. This aroused the jealousy of their brothers banu-Ghanm ibn-'Auf who said, " If we, too, could erect a mosque and invite the Prophet to pray in is as he prayed in our friends' ! Abu-'Amir, too, may pass here on his way from Syria and lead us in prayer." Ac- cordingly, they erected a mosque and sent an invitation to the Prophet to come and pray in it. But no sooner had the Prophet got up to start, than the following text was revealed to him : " There are some who have built a mosque for mischief and for infidelity and to disunite the 'Believers,' and in expectation of him who, in time past, warred against Allah and his Messenger," the one meant being abu-'Amir, " never set thou foot in it. There is a mosque founded from its first day in piety. More worthy it is that thou enter therein. Therein are men who aspire to purity and Allah loveth the purified. Which of the two is best? He who hath founded his building on the fear of Allah and the desire to please him," etc., referring to the mosque of Kuba'. A
Muhammad ibn-Hatim ibn-Maimun from al-Hasan: — When the text, " Therein are men who aspire to purity " was revealed, the Prophet communicated with those who prayed in the mosque of Kuba' asking about the meaning of the purity mentioned in connection with their name, and they replied, "We, Prophet of Allah, wash after voiding excrement and urine."
" The mosque founded in piety." Muhammad ibn- Hatim from 'Amir : — Some of the people of Kuba' used to wash with water the place of exit of the excrement.1 Hence the text, " They aspire to purity."
'Amr ibn-Muhammad an-Nakid and Ahmad ibn-Hisham from Sahl ibn-Sa'd : — Two men in the time of the Prophet disagreed regarding the " mosque founded in piety," the one
1 Cf. az-Zamakhshari, Kashshdf, vol. i, p. 564 (ed. Lees).
IS THE ORIGINS OF THE ISLAMIC STATE
contending it was the Prophet's mosque, the other, the Kuba' mosque. They finally came and asked the Prophet to which he replied, " It is this mosque of mine." 1
'Amr ibn-Muhammad from ibn-'Umar : — The " mosque founded in piety " is the mosque of the Prophet.
Muhammad ibn-Hatim from Ubai ibn-Ka'b : — In answer to a question directed to the Prophet regarding the " mosque founded in piety," the Prophet replied : "It is this my mosque."
Hudbah ibn-Khalid from Sa'id ibn-al-Musaiyib who said regarding the " mosque founded in piety " that the great mosque of the Prophet is the one meant.
A tradition to the same effect is reported by 'AH ibn- 'Abdallah al-Madini on the authority of Kharijah ibn-Zaid ibn-Thabit and by 'Affan on the authority of Sa'id ibn-al- Musaiyib, and by Muhammad ibn-Hatim ibn-Maimun as- Samin on the authority of 'Abd-ar-Rahman ibn-abi-Sa'id al-Khudri's father.
Kuba' mosque was later enlarged and added to. When 'Abdallah ibn-'Umar entered it for prayer, he always turned his face to the " polished column " 2 ; and that was the place where the Prophet always prayed.
The Prophet arrives at al-Madinah. The Prophet spent in Kuba' Monday, Tuesday, Wednesday, and Thursday, riding away on Friday for al-Madinah. Friday prayer he performed in a mosque erected by banu-Salim ibn-'Auf ibn- 'Amr ibn-'Auf ibn-al-Khazraj, that being the first Friday on which he led public prayer. Then the Prophet passed by the houses of the Ansdr one by one a and each one of them offered to entertain him. He kept his way, however, until
1 Baidawi, Anwar at-Tansil, vol. i, p. 401. *Geschichte der Stadt Medina, p. 65. * Ibn-Hisham, p. 336.
AL-MAD1NAH Tg
he arrived at the site of his mosque in al-Madinah where his camel knelt.1 He dismounted. Then came abu-Aiyub Khalid ibn-Zaid . . . 2 ibn-al-Khazraj who took off the saddle of the Prophet's camel. The Prophet took up his abode at abu-Aiyub's.3 Certain Khazrajis invited the Prophet, but he retorted, " Man is where his camel's saddle is." He re- mained at abu-Aiyub's for seven months. He took up his residence there after [Friday-] prayer, one month since his departure [from Makkah]. The Ansdr presented to the Prophet all the unoccupied parts of their lands, saying, " O Prophet of Allah, take our own dwellings if thou wish." 6 But he said, "No!"
The mosque of the Prophet. Abu-Umamah 4 As'ad ibn- Zurarah ibn-'Udas ibn-'Ubaid ibn-Tha'labah ibn-Ghanm ibn-Malik ibn-an-Najjar, JVaHfr-in-chief,5 used to conduct Friday prayers for his Moslem followers in a mosque of his own in which the Prophet, too, used to pray. The Prophet, thereafter, requested As'ad to sell him a piece of land con- tiguous to this mosque. The land was in the hands of As'ad but belonged to two orphans in his custody whose names were Sahl and Suhail sons of Rafi' ibn-abi-'Amr ibn-'A'idh ibn-Tha'labah ibn-Ghanm.6 As'ad proposed to offer it to the Prophet and to pay its price to the orphans himself. But the Prophet refused and paid for its price ten dinars?
1 Ibn-Sa'd, Kitdb at-Tabakat, vol. i1, p. 160.
8 In this and in other cases to come, the genealogical table has been cut short in the translation.
8 Ad-Diyarbakri, al-Khamis, vol. i, p. 386. 4 Geschichte der Stadt Medina, p. 60.
6Nakib is the superintendent of a people who takes cognizance of their actions and is responsible for them; ibn-Hajar, vol. i, pp. 61-63.
6 Ibn-Hisham, p. 503.
7 A gold coin worth about ten shillings.
20 THE ORIGINS OF THE ISLAMIC STATE
which money he secured from abu-Bakr as-Siddik. By the Prophet's orders, bricks were prepared and used for build- ing the mosque. Its foundations were laid with stones; its roof was covered with palm branches; and its columns were made of trunks of trees.1 When abu-Bakr became caliph he introduced no changes in the mosque. When 'Umar was made caliph he enlarged it and asked al-' Abbas ibn-'Abd-al-Muttalib to sell his house that he might add it to the mosque. Al-' Abbas offered the house as a gift to Allah and the Moslems ; and 'Umar added it to the mosque. In his caliphate, 'Uthman ibn-'Affan reconstructed the mosque with stone and gypsum, making its columns of stone, and its roof of teak-wood. 'Uthrnan also added to the mosque and carried to it small pebbles from al-'Akik.2 The first caliph to plant in it maksurah* was Marwan ibn-al- Hakam ibn-abi-l-'Asi ibn-Umaiyah who made his maksurah of carved stones. No change was thereafter introduced in the mosque until al-Walid ibn-'Abd-al-Malik ibn-Marwan succeeded his father. This al-Walid wrote to his 'dmil [lieu- tenant, governor] in al-Madinah, 'Umar ibn-'Abd-al-'Aziz, ordering him to destroy the mosque and reconstruct it. Meanwhile, he forwarded to him money, mosaic, marble, and 7 eighty Greek and Coptic artisans from Syria and Egypt. Accordingly, the 'dmil rebuilt it and added to it, entrusting the supervision of its work and the expenditure for it to Salih ibn-Kaisan, a freedman of Su'da, a freedmaid of the family of Mu'aikib ibn-abi-Fatimah ad-Dausi. This took place in the year 87, some say 88.4 After this, no caliph
1 Al-Hamadhani, Kitab al-Bulddn, p. 24. 8 Hamadhani, Kitab al-Bulddn, p. 25.
*See JAOS., vol. xxvii, pp. 273-274, Gottheil, "a distinguished fam- ily of Fatimite Cadis"; and Geschichte der Stadt Medina, p. 71. 4 Geschichte der Stadt Medina, p. 73.
AL-MAD1NAH 21
made changes in the mosque down to the time of al-Mahdi's caliphate.
According to al-Wakidi, al-Mahdi sent 'Abd-al-Malik ibn-Shabib al-Ghassani and another1 descended from 'Umar ibn-'Abd-al-'Aziz to al-Madinah to reconstruct its mosque and increase it in size. The governor of al-Madinah was at that time Ja'far ibn-Sulaiman ibn-'Ali. It took these two one year to carry out the undertaking. One hundred cubits [Ar. dhirdf~\ were added to the rear, making its length 300 cubits and its width 200.
According to 'Ali ibn- Muhammad al-Mada'ini, al-Mahdi appointed Ja'far ibn- Sulaiman to the governorship of Makkah, al-Madinah and al-Yamamah. Ja'far enlarged the mosques of Makkah and al-Madinah, the work in the latter being completed in the year 162. Al-Mahdi had visited Makkah before the pilgrimage season, in the year [ i ]6o, and ordered that the mak surah be supplanted and that it be put on the same level with the mosque.
In the year 246, caliph Ja'far al-Mutawakkil ordered that the mosque of al-Madinah be repaired. Much mosaic was subsequently carried to it; and the year 247 marked the completion of the work.
'Amr ibn-Hammad ibn-abi-Hanifah from 'A'ishah : — The Prophet said : "All districts or cities were conquered by force, but al-Madinah was conquered by the Koran."
The inviolability of al-Madinah. Shaiban ibn-abi- Shaibah-1-Ubulli from al-Hasan : — The Prophet said : " Every prophet can make a place inviolable, so I have made al-Madinah inviolable as Abraham had made Makkah. Be- tween its two Harrahs,2 its herbage shall not be cut, its trees 8
1 'Abdallah ibn-'Asim; De Goeje's edition of Baladhuri, p. 7, note b.
* The word means tracts of black stones, i. e., the volcanic region in the vicinity of al-Madinah.
22 THE ORIGINS OF THE ISLAMIC STATE
shall not be felled,1 nor should weapons be carried in it for fight. He, therefore, who does that or harbors in his home one who has done so, may be cursed of Allah and his angels and all men. From him no repentance or ransom shall be accepted."
Rauh ibn-'Abd-al-Mu'min al-Basri-1-Makri from abu- Hurairah : — The Prophet said : "My Lord, Abraham was thy servant and messenger, and so am I thy servant and mes- senger. And I have made inviolable all that lies between its two stony tracts as Abraham had made Makkah inviol- able/' Abu-Hurairah used to say : "By him who holds my life in his hands, even if I should find the deer in Batihan z I would not care for them."
Shaiban ibn-abi-Shaibah from Muhammad ibn-Ziyad's grandfather (a freedman of 'Uthman ibn-Maz'un and the holder of a piece of land belonging to the Maz'un family in Harrah) who said: — " 'Umar ibn-al-Khattab with his robe on his head would sometimes call on me at midnight, take a seat and converse with me. I would then bring him cucumbers and vegetables. But one day he said : ' Go not : I have made thee superintendent of this place. Let no one beat a tree with a stick [that its leaves may fall] or cut off a tree (referring to the trees of al-Madinah) ; and if thou find anyone doing it, take away his rope and ax.' When I asked him, ' Shall I take his robe?' he answered, ' No '."
Abu-Mas'ud ibn-al-Kattat from Ja'far ibn-Muhammad's father : — The Prophet declared inviolable all trees growing between Uhud and 'Air, allowing [only] the driver of the water-carrying camel to cut al-ghada & trees and use them for repairing his ploughs and carts.
1 Al-Bukhari, a/-/dmi' as-Sahih, vol. i, p. 40.
2 Also Bathan or Buthan; see al-Hamdani, Sifat Jazirat al-Arab, p. 124, line 9.
1 " Of the genus Euphorbia with a woody stem, often 5 or 6 ft. in height, and innumerable round green twigs" — Palgrave's Travels, vol. i, p. 38.
AL-MAD1NAH 23
Hima ar-Rabadhah. Bakr ibn-al-Haitham from Zaid ibn- Aslam's father who said : — " I heard 'Umar ibn-al-Khattab say to one1 whom he placed in charge oiHima2 ar-Rabadhah and whose name Bakr forgot, ' Stretch not thy wing* to any 9 Moslem. Beware the cry of the oppressed, for it is an- swered. Admit [to the Hima] the owner of the small herd of camels and sheep but keep off the cattle of ibn-'Affan and ibn-'Auf ; for if their cattle should perish they resort to sowing, whereas if the cattle of this poor man perish, he comes to me crying, " O, commander of the believers! O, commander of the believers!" To offer grass is easier for the Moslems than to offer money in gold and silver.4 By Allah, this is their land for which they fought in pre- Islamic time and which was included in their terms when they became Moslem. They would, therefore, certainly feel that I oppress them; and had it not been for the cattle [secured by declaring a place Hima] to be used in the cause of Allah, I would never make a part of a people's land Hima'."
Hima an-Naki(. Al-Kasim ibn-Sallam abu-'Ubaid from ibn-'Umar: — The Prophet declared an-Naki' hima and re- served it for the Moslem cavalry.5 Abu-'Ubaid told me that it is an an-Naki' [and not al-Baki', as some have it] and that the handakuk plant [sweet trefoil] grows in it.
Mus'ab ibn-'Abdallah az-Zubairi from Sa'd ibn-abi-
1 Whose name was Hunai ; Bukhari, vol. ii, p. 263.
1 Reservation, pasture land reserved for tfce public use of a com- munity or tribe to the exclusion of everyone else. Rabadhah was a district and a village 5 miles from al-Madinah.
3 Treat leniently, see ibn-al-Athir, an-Nihayah, vol. iii, p. 26.
4 i. e., it is easier to let the owner of the little herd feed his flock on the tfima than to give him money for sustaining his children.
5 Geschichte der Stadt Medina, p. 155 ; Wakidi, Kitdb al-Maghazi, pp. 183-184. Naki' lay 20 parasangs from Madinah.
24 THE ORIGINS OF THE ISLAMIC STATE
Wakkas: — The latter once found a young servant felling trees in the hima [reserved land]. He beat the servant and took his ax. The servant's mistress, or a woman of his kin, went to 'Umar and accused Sa'd. 'Umar ordered that the ax and the clothes be returned. But Sa'd refused saying, " I will not give up spoils given me by the Prophet whom I heard say, ' Whomever ye find cutting trees in the hima, ye should beat and deprive of what he has.' ' From the ax Sa'd made a shovel which he used in his property to the end of his life.
Al-Ghabah. Abu-1-Hasan al-Mada'ini from ibn-Ju'dubah and abu-Ma'shar : — When the Prophet was at Zuraib (prob- ably on his return from the expedition of dhu-Kard) banu- Harithah of the Ansdr said to him referring to the site of al-Ghabah [forest], "This is the place for our camels to go loose, and for our sheep to graze, and for our women to go out." The Prophet then ordered that he who had cut off a tree should replace it by planting a small shoot. Thus was al-Ghabah planted with trees.
Wadi-Mahzur. 'Abd-al-A'la ibn-Hammad an-Narsi from abu-Malik ibn-Tha'labah's father : — The Prophet decreed in 10 the case of Wadi-Mahzur * that the water be shut off on the the surface until it rises to the two ankles, at which it should be conducted to the other place, thus preventing the owner of the higher property from holding the water from the owner of the lower one.
Ishak ibn-abi-Isra'il from 'Abd-ar-Rahman ibn-al- Harith : — The Prophet decreed in the case of the Mahzur torrent that the owner of the higher property should hold the water until it rises to the two ankles, at which he must let it go to the holder of the lower land.
1 One of the valleys of Madinah, see al-Bakri, Kitdb Mu'jam Ma-s- ta'jant, vol. ii, p. 562.
AL-MAD1NAH 25
'Amr ibn-Hammad ibn-abi-Hanifah from 'Abdallah ibn- abi-Bakr ibn-Muhammad ibn-'Amr ibn-Hazm al-Ansari's father : — The Prophet decreed in the case of Mahzur torrent and Mudhainib * that the water be shut in until it reaches the two ankles, then the upper supplies the lower. Accord- ing to Malik, the Prophet passed a similar judgment in the case of Batihan torrent.
Al-Husain ibn-al-Aswad al-'Ijli from abu-Malik ibn- Tha'labah ibn-abi-Malik's father : — The Prophet was called upon to decide in the case of Mahzur, the valley of banu- Kuraizah, upon which he decreed that water rising above the two ankles cannot be shut in by the higher owner from the lower owner.
Al-Husain from Ja'far ibn-Muhammad' s father: — The Prophet decreed in the case of Mahzur torrent that the owners of palm trees have right to the ankle-high water, sowers have right to the water as high as the two straps of the sandal, after which the water is sent to the lower owners.
Hafs ibn-'Umar ad-Duri from 'Urwah: — The Prophet n said : " Batihan is one of the channels of Paradise."
'Ali ibn-Muhammad al-Mada'ini abu-1-Hasan from Ju'- dubah and others : — In the caliphate of 'Uthman, al- Madinah was threatened with destruction by the Mahzur torrent, which necessitated the erection of a dam by 'Uthman. Abu-1-Hasan added that in the year 156 the tor- rent brought a terrifying volume of water. The governor at that time. 'Abd-as-Samad ibn-'Ali ibn-'Abdallah ibn- al-'Abbas, sent 'Ubaidallah ibn-abi-Salamah-l-'Umri who, with a big crowd, started after the afternoon prayer to see the torrent which had, by that time, covered the sadakah- lands 2 of the Prophet. An old woman from al-'Aliyah-
111 Mudhainib" in al-Bakri, pp. 518, 562.
2 Mawardi, al-Ahkdm as-Sultdniyah, p. 292. Sadakah is a portion which a man gives from his property to the poor by way of propitia- tion. It is primarily superogatory, whereas zakdt is obligatory.
26 THE ORIGINS OF THE ISLAMIC STATE
region * pointed out to them a spot to which she had often heard people refer. There they dug and the water found exit through which it passed to Wddi-Batihan. From Mahzur to Mudhainib is a water-course which empties its water in it.
The Prophet calls al-Madinah Taybah. Muhammad ibn- Aban al-Wasiti from al-Hasan : — The Prophet invoked Allah's blessing on al-Madinah and its inhabitants calling it Taybah.2
Abu-'Umar Hafs ibn-'Umar ad-Duri from 'A'ishah, the mother of the believers: — When the Prophet emigrated to al-Madinah, a disease spread among the Moslems in it. Among those taken seriously ill were abu-Bakr, Bilal and 'Amir ibn-Fuhairah. During his illness, abu-Bakr often re- peated the following verse : a
" One in the morning may lie amidst his family
and death may be nearer to him than his sandal's strap." 4
Bilal often repeated the following:
" O, would I that I spent a night
at Fakh where idhkhir and jalil 5 plants surround me I And would that I some day visit Maj annah-water to drink it, and see Shamah and Tafil [Mts.] !"
'Amir ibn-Fuhairah used to repeat the following :
" I have found death before I tasted it, I2
verily the death of the coward comes from above.6 [Man struggles according to his own ability,] like the bull that protects his skin with his horn." 7
' Yakut, s.v. 'Aliyah.
2 Al-Hamadhani, Kitab al-BuIddn, p. 23; Geschichte der Stadt Medina, p. 10.
» Hisham, p. 414; Azraki, Akhbar Makkah, p. 383.
4 Cf. Freytag, Arabutn Pr overbid, vol. i, p. 492, no. 63.
6 Idhkhir a small plant of sweet smell used for roofing houses. Jalil a weak plant with which the interstices of houses are stopped up.
* Freytag, Proverbia, vol. i, p. 7, no. 10.
7 Az-Zamakhshari, al-Fa'ik, vol. ii, pp. 5-6.
AL-MAD1NAH 27
This was reported to the Prophet and he prayed : " Make al-Madinah, O Allah, wholesome for us as thou hast made Makkah for us, and bless for us its sdf and mudd 1 [grain measures] !"
The water-course of al-Harrah. Al-Walid ibn-Salih from 'Urwah : — One of the Ansar had a dispute with az- Zubair ibn-al-'Auwam regarding the water-courses that run from al-Harrah to the plain. The Prophet said, " Zubair, use the water, then turn it to thy neighbor." 2
Al-Akik as fief. Husain ibn-'Ali ibn-al-Aswad al-'Ijli from Hisham ibn-'Urwah's father: — As 'Umar was par- celling al-'Akik into fiefs, he came to a part of it regarding which he remarked, " I never gave such a land in fief." To this Khauwat ibn-Jubair replied, " Give it out to me." And 'Umar did.
Al-Husain from Hisham ibn-'Urwah's father: — 'Umar gave al-'Akik in fief from its upper to its lower end.
Al-Husain from Hisham ibn-'Urwah: — 'Umar accom- panied by az-Zubair set out to distribute fiefs, and as 'Umar was giving them out, he passed by al-'Akik and said : " Where are the seekers of fiefs ? I have not yet today passed by a more fertile land." Az-Zubair said : " Give it out to me." And 'Umar did.
A similar tradition was communicated by al-Husain from Hisham ibn-'Urwah's father. 13
Khalaf ibn-Hisham al-Bazzar from Hisham ibn-'Urwah's father who said : — "Umar ibn-al-Khattab gave out as fief to Khauwat ibn-Jubair al-Ansari a piece of dead land. This we bought from him."
A similar tradition was communicated to me by al-Husain ibn-al-Aswad on the authority of Hisham's father.
1 Wakidi, al-Maghasi, p. 14; al-Azraki, p. 382.
* One tradition occurring here and defining certain terms in the pre- vious tradition has been omitted in the translation. Evidently it is a gloss.
2g THE ORIGINS OF THE ISLAMIC STATE
Other fiefs. Al-Husain from 'Urwah : — Abu-Bakr gave out as fief to az-Zubair the land lying between al-Jurf l and Kanah.2 Abu-1-Hasan al-Mada'ini told me that Kanah is a valley stretching from at-Ta'if to al-Arhadiyah and Karkarat al-Kudr and thence it comes to Sudd-Ma'unah from which it runs by the end of al-Kadum and ends at the head of Kubur ash-Shuhadd' [martyrs' tombs] at Uhud.
Abu-'Ubaid al-Kasim ibn-Sallam from certain learned men : — The Prophet gave out as fief to Bilal ibn-al-Harith al-Muzani certain mines a in the Furu' district.
'Amr an-Nakid and ibn-Sahm al-Antaki from abu- 'Ikrimah the f reedman of Bilal ibn-al-Harith al-Muzani : — The Prophet gave out as fief to Bilal a piece of land having a mountain and mines. The sons of Bilal sold a part of it to 'Umar ibn-'Abd-al-'Aziz in which one mineral (or he may have said two) appeared. The sons of Bilal there- upon said : " What we sold thee is not the minerals but the tillable land." Then they brought forth a statement written for them by the Prophet on a palm leaf which 'Umar kissed and with which he rubbed his eye saying to his steward : " Find out what the income and the expenses are, retain what thou hast expended, and give them back the balance."
Abu-'Ubaid from Bilal ibn-al-Harith : — The Prophet gave out all al-'Akik as fief to Bilal.
The zakat on the metals. Mus'ab az-Zubairi from Malik ibn-Anas: — The Prophet assigned as fief to Bilal ibn-al- Harith certain mines in the Furu' district. On this, all 14 our learned men agree. Nor do I know of any disagree-
1 Called 'Arsat al-Bakal in al-Wakidi's days, see Wakidi, tr. Well- hausen, pp. 103-104.
*A valley near Mount Thaib, one day's journey from Madinah.
8 The mines of al-Kabaliyah, see al-Mutarrizi, Kitdb al-Mughrib, vol. ii, p. 108.
AL-MAD1NAH 29
ment among our followers regarding the fact that in the case of mines the zakat is one-fourth of the tithe. It is re- ported that az-Zuhri often repeated that in the case of mines zakat is binding. It is moreover reported that he said that the zakat is one-fifth. That is what the people of al-'Irak say who at present impose on the mines of al-Furu', Naj ran, dhu-1-Warwah, Wadi-1-Kura and others one-fifth in accordance with the view of Sufyan ath-Thauri, abu- Hanifah, abu-Yusuf and the school of al-'Irak.1
'Ali's fiefs. Al-Husain ibn-al-Aswad from Ja'far ibn- Muhammad : — The Prophet assigned to 'AH as fief four pieces of land, i. e., the two Fukairs, Bi'r-Kais, and ash-Shajarah.2
A similar tradition was communicated to me by al-Husain on the authority of Ja'far ibn-Muhammad.
'Amr ibn-Muhammad an-Nakid from Ja'far ibn-Muham- mad's father : — 'Umar ibn-al-Khattab assigned to 'Ali as fief Yanbu',3 and another piece was added to it.
A similar tradition was communicated to me by al-Husain on the authority of Ja'far ibn-Muhammad' s father.
The well of 'Urwah, the reservoir of 'Amr and the canal of Banat-Nailah, etc. The next tradition was communi- cated to me by one in whom I trust on the authority of Mus'ab ibn'Abdallah az-Zubairi : — The well of 'Urwah ibn- az-Zubair is named after 'Urwah ibn-az-Zubair ; the 'Amr reservoir is named after 'Amr ibn-az-Zubair; the canal of Banat-Na'ilah is named after children of Na'ilah, daughter of al-Farafisah-1-Kalbiyah and wife of 'Uthman ibn-'Affan ('Uthman had taken possession of this canal and conveyed
1 Malik ibn-Anas, al-Mudauwanah, vol. ii, p. 47; ash-Shafi.'i, Kitdb al-Umm, vol. ii2, p. 36.
2 Yakut, vol. iii, pp. 260-261.
3 Yakut, vol. iv, pp. 1038-1039.
3o THE ORIGINS OF THE ISLAMIC STATE
its water to a piece of land at al-'Arsah x which he culti- vated and worked) ; the land of abu-Hurairah is ascribed to abu-Hurairah ad-Dausi ; and as-Sahwah in Mt. Juhainah is the sadakah of 'Abdallah ibn-' Abbas.
Kasr-Nafis. It is said that the Naf is castle is ascribed to Nafis at-Tajir [the merchant] ibn-Muhammad ibn-Zaid ibn-'Ubaid ibn-al-Mu'alla ibn-Laudhan ibn-Harithah ibn- Zaid of al-Khazraj, the allies of banu-Zuraik ibn-'Abd- Harithah of al-Khazraj. This castle stands in Harrat- Wakim at al-Madinah. 'Ubaid ibn-al-Mu'alla died as martyr 1 5 in the battle of Uhud. Others say it is Nafis ibn-Muham- mad ibn-Zaid ibn-'Ubaid ibn-Murrah, Mu'alla's freedman. This 'Ubaid and his father were among the captives of 'Ain at-Tamr. 'Ubaid ibn-Murrah died in the battles of al-Harrah. His surname was abu-' Abdallah.
'A'ishah well. The 'A'ishah well is ascribed to 'A'ishah ibn-Numair ibn-Wakif, 'A'ishah being a man's name of al-Aus.
Al-Muttalib well and al-Murtaft well Al-Muttalib well on the 'Irak road is ascribed to al-Muttalib ibn-'Abdallah ibn-Hantab ibn-al-Harith ibn-'Ubaid ibn-'Umar ibn-Makh- zum. Ibn-al-Murtafi' well is ascribed to Muhammad ibn- al-Murtafi' ibn-an-Nadir al-'Abdari.
The Suk in al-Madinah. Muhammad ibn-Sa'd from 'Ata ibn-Yasar, the freedman of Maimunah, daughter of al-Harith ibn-Hazn ibn-Bujair of al-Hilal tribe: — When the Prophet wanted to found a market in al-Madinah he said : " This is your market and no khardj will be assessed on it."
The 'A rim dam. Al-' Abbas ibn-Hisham al-Kalbi from his grandfather and Sharki ibn-al-Kutami-1-Kalbi : — When Nebuchadnezzar destroyed Jerusalem,2 expelled of the
1 See Yakut, al-Mushtarik, p. 159.
2 Bait al-Makdis or al-Bait al-Mukaddas. See ibn-Khurdadhbih, Kitab a!-Mosa!ik, pp. 78 and 79.
AL-MAD1NAH 3!
Israelites those whom he expelled, and carried away those whom he carried into captivity, some Israelites fled away to al-Hijaz and settled in Wadi-1-Kura, Taima', and Yathrib. At that time there lived in Yathrib a tribe of Jurhum and a remnant of al-' Amalik who lived on date-planting and wheat- growing. Among these, the Israelites settled and asso- ciated with them, and kept increasing in number, as Jurhum and al-' Amalik were decreasing, until the former drove the latter from Yathrib and established their authority over it, taking possession of their cultivated and pasture lands. This was their condition for a long time. Then it came to pass that those of the people of al-Yaman descended from Saba ibn-Yashjub ibn-Ya'rub ibn-Kahtan were filled with the spirit of oppression and tyranny and ignored the grace of their God in regards to the fertility and luxury he be- stowed on them. Consequently, Allah created rats that began to bore the dam, which stood between two mountains and had pipes which the people could open when they wished and get as much water as they wanted. This is the 'Arim dam.1 The rats went on working on the dam until it was 16 broken -through. Thus did Allah let their gardens sink and their trees disappear, changing them into khamt,2 tamarisk and some few jujube trees.5
The wanderings of al-Azd. Seeing what happened, Muzaikiyah i. e. 'Amr ibn-'Amir . . . ibn-Amru'i-1-Kais . . . ibn-Ya'rub ibn-Kahtan sold all the property and cattle he possessed, summoned the Azd and started together to the land of the tribe of 'Akk. There they settled. 'Amr re- marked : " To seek herbage before knowledge is weakness." The tribe of 'Akk were distressed at the fall of their best
1 Koran, 34: 15.
2 A tree with bitter fruit. 8 GGA, 1863, p. 1348.
3J THE ORIGINS OF THE ISLAMIC STATE
lands into the hands of al-Azd and asked the latter to evacu- ate the land. Thereupon a one-eyed and deaf man of al- Azd, named Jidh', made an attack on a 'Akk party and de- stroyed them. This resulted in a war between al-Azd and 'Akk. The Azd, after being defeated, returned and charged, in reference to which Jidh' composed the following verse :
" We are the descendants of Mazin — there is no doubt, the Ghassan of Ghassan versus the 'Akk of 'Akk,
and they shall see whether we or they are the weaker."
(Previous to this al-Azd had settled near a spring called Ghassan. Hence their name, Ghassan. ) l Al-Azd now set off until they arrived in the land of Hakam ibn-Sa'd al- 'Ashirah . . . ibn Ya'rub ibn-Kahtan. There they fought and won the victory over Hakam. But it occurred to them to move, and they did, leaving a small band behind. The next place they came to was Najran. Here they met re- sistance from the inhabitants of the place but finally won the victory. After settling in Najran they departed with the exception of a few who had special reasons to stay. Al-Azd then arrived in Makkah which was populated with the Jurhum tribe. They made their abode in Batn-Marr. Tha'labah the son of 'Amr Muzaikiya demanded of Jurhum that the plain of Makkah be given to his people. This re- quest having been refused, a battle ensued in which Tha'labah got control of the plain. Tha'labah and his people, how- ever, realized after this that the place was unwholesome, and found it hard to make their living in it; so they dispersed, one band of them leaving for 'Uman, another for as-Sarat, another for al-Anbar and al-Hirah, another for Syria and 17 one band chose Makkah for abode. This made Jidh' say : " Every time ye go to a place, ye al-Azd, some of you
1 Near Sudd- Ma* rib in al-Yaman ; Hisham, p. 6.
AL-MAD1NAH 33
detach * themselves from the rest. Ye are on the point of becoming the tail among the Arabs." That is why those who settled in Makkah were called Khuza'ah.2 Then came Tha'labah ibn-'Amr Muzaikiya with his son and followers to Yathrib whose people were Jews. They settled outside the city where they grew and increased in number and be- came so strong as to drive the Jews from Yathrib. Thus they came to live inside the city and the Jews outside of it.
Al-Aus and al-Khazraj. Al-Aus and al-Khazraj are the sons of Harithah ibn-Tha'labah 3 ibn-'Amr Muzaikiya ibn- 'Amir, and their mother was Kailah, daughter of al-Arkam. Some say she was a Ghassanide of al-Azd tribe, others say she was of 'Udhrah tribe.
In pre-Islamic times, the Aus and the Khazraj saw many battles which made them trained in warfare. They became so used to fighting that their valor spread far, their cour- age became well known, their bravery was often cited and their name became a source of terror in the hearts of the Arabs, who feared them. Their possessions were well guarded against encroachment, and their neighbor was well protected; and all that was preparatory to the fact that Allah wanted to have them support his Prophet and to honor them by lending him aid.
It is reported that at the arrival of the Prophet in al- Madinah he wrote an agreement and made a covenant with the Jews of Yathrib.4 The Jews of Kainuka', however, were the first to violate the covenant, and the Prophet ex- pelled them from al-Madinah. The first land that the Prophet conquered was that of the banu-an-Nadir.
1 Ar. inkhaza'a, see an-Nihayah under khaza'a. 2Azraki, p. 55.
3Hisham, p. 140; Geschichte der Stadt Medina, p. 56. 4 One of the names of Madinah.
CHAPTER II THE POSSESSIONS OF THE BANU-AN-NADIR
Banu-an-Nadir besieged. The Prophet once accompanied by abu-Bakr, 'Umar and Usaid ibn-Hudair came to the banu- an-Nadir who were Jews and solicited their aid for raising the bloodwit of two men of the banu-Kilab ibn-Rabi'ah who had made peace with him and who were killed by 'Amr ibn- Umaiyah ad-Damn.1 The Jews intended to drop a stone on him but the Prophet left them and sent them word ordering 18 them to evacuate his city [Yathrib] because of their perfidy and violation of covenant. The Jews refused to comply, and announced hostility.2 Upon this the Prophet marched and besieged them for fifteen days, at the close of which they capitulated, agreeing to evacuate his town and to be entitled to whatever the camels could carry with the ex- ception of coats of mail and armor, the Prophet taking their land, palm-trees, coats of mail and other arms. Thus did all the possessions of the banu-an-Nadir become the property of the Prophet. The Prophet used to sow their land planted with palm-trees and thus provided for his family and wives for one year. With what could not be consumed, he bought horses and arms.
Fief s assigned. Of the land of banu-an-Nadir, the Prophet gave fiefs to abu-Bakr, 'Abd-ar-Rahman ibn-'Auf, abu-
•Hisham, p. 652; Ibn-Sa'd, vol. ii2 p. 40; Al-Wakidi, d-Maghazi, P- 353-
1 Al-Ya'kubi, Ta'rikh, vol. ii, p. 49. 34
THE POSSESSIONS OF THE BANU-AN-NAD1R 35
Dujanah 1 Simak ibn-Kharashah as-Sa'idi and others. This occurred in the year 4 of the Hegira.
Mukhairik. According to al-Wakidi, one of the banu-an- Nadir, Mukhairik, was a learned rabbi and he believed in the Prophet and offered him all that he possessed, which was seven palm-gardens surrounded with walls. This the Pro- phet set apart as sadakah-land. The seven gardens are: al-Mithab, as-Safiyah, ad-Dalai, Husna,2 Barkah, al-A'waf, Mashrabat umm-Ibrahim,3 Ibrahim being the son of the Prophet and his mother being Mariyah, the Copt.
Other versions of the conquest. Al-Kasim ibn-Sallam from az-Zuhri : — The attack on the banu-an-Nadir, the Jews, took place six months after the battle of Uhud. The Prophet pressed the siege until they agreed to evacuate the city stipulating that they take with them whatever utensils their camels could carry with the exclusion of the coats of mail. Hence the text revealed by Allah : "All that is in the heavens and all that is on the earth praiseth Allah! And He is the mighty, the wise ! He it is who caused the unbelievers among the people of the Book ", etc.,4 to " put the wicked to shame."
The next tradition was communicated to us by al-Husain ibn-al-Aswad on the authority of Muhammad ibn-Ishak 5 regarding the above text which Allah hath revealed to his Messenger: — Those referred to are banu-an-Nadir. By " Ye pressed not towards it with horse or camel. But Allah giveth his Messengers authority over whomsoever He will- eth ",6 Allah showed that it is wholly assigned to the
1 Ya'kubi, vol. ii, p. 50.
'"Al-^asna" in Geschichte der Stadt Medina, p. 150.
8 Wakidi, tr. Wellhausen, p. 166.
4 Koran, 59: 1.
5 Hisham, pp. 654 and 655.
8 Baidawi, vol. ii, pp. 322-323.
36 THE ORIGINS OF THE ISLAMIC STATE
Prophet and to no one else. The Prophet then parcelled 19 out the land among the Emigrants. But when Sahl ibn- Hunaif and abu-Dujanah mentioned their poverty, he gave them a share. As for the text : " The spoil taken from the people of the villages and assigned by Allah to his Mes- senger, it belongeth to Allah and to the Messenger," etc., to the end of the text, it means that Allah made another division among the Moslems.
According to a tradition I received from Muhammad ibn-Hatim as-Samin on the authority of ibn-'Umar, the Prophet burnt and cut down the palm-trees of the banu-an- Nadir in reference to which Hassan ibn-Thabit says :
" The leading men of the banu-Lu'ai would have regarded it easy, to bring about the great fire at Buwairah." *
According to ibn-Juraij, it was in this connection that Allah revealed the text : " Whatever palm-trees ye have cut down or left standing on their stems was by Allah's per- mission and to put the wicked to shame."
A similar tradition was communicated to us by abu-'Ubaid on the authority of ibn-'Umar.
Abu-'Amr ash-Shaibani, among other reporters, holds that the above-quoted verse was composed by abu-Sufyan ibn-al-Harith ibn-'Abd-al-Muttalib and that its wording is as follows:
" The leading men of the banu-Lu'ai would have regarded it hard, to bring about the great conflagration of Buwairah."
(According to other reports it is Buwailah [and not Buwairah]).2 Hassan ibn-Thabit in answer to that wrote the following :
1 Al-Bakri, under Buwairah ; Ibn-Hisham, pp. 712-713. 'Yakut, vol. i, p. 765.
THE POSSESSIONS OF THE BANU-AN-NADtR 37
" May Allah perpetuate the conflagration and make the fire rage in its parts.
They were given the Book but they lost it.
Thus with respect to the Taurat they are blind and erring." *
The Prophet's special share. 'Amr ibn-Muhammad an- Nakid from Malik ibn-Aus ibn-al-Hadathan : — It was stated by 'Umar ibn-al-Khattab that the possessions of the banu-an- Nadir were assigned by Allah to the Prophet, the Moslems having not " pressed toward them with horse or camel/' 20 Thus they were wholly his property. The Prophet used to spend their annual income on his family and invest what was left in horses and arms to be used in the cause of Allah. Hisham ibn-'Ammar ad-Dimashki from Malik ibn-Aus ibn-al-Hadathan: — 'Umar ibn-al-Khattab told him [Malik] that the Prophet had three special shares which he appro- priated for himself ; namely, the possessions of the banu-an- Nadir, Khaibar and Fadak. The possessions of the banu-an- Nadir he reserved for use in case of misfortunes that might befall him. Those of Fadak were reserved for wayfarers. Those of Khaibar he divided into three portions, two of which he divided among the Moslems and the third he re- served for his and his family's expenses, distributing what was left after the expenses to the needy among the Emigrants.
Al-Husain ibn-al-Aswad from az-Zuhri : — The possessions of the banu-an-Nadir were among the things that Allah as- signed to his Prophet. The Moslems " pressed not towards them with horse or camel." They were therefore wholly the property of the Prophet; and he divided them among the Emigrants, giving nothing of them to the Ansdr with the exception of two persons who were needy, i. e., Simak ibn- Kharashah abu-Dujanah, and Sahl ibn-Hunaif.
1 Cf. EEassan ibn-Thabit, Diwan, p. 46.
38 THE ORIGINS OF THE ISLAMIC STATE
Al-Husain from al-Kalbi : — When the Prophet secured the possessions of the banu-an- Nadir, who were the first he made to evacuate the land, Allah said : " He it is who caused the unbelievers among the ' People of the Book ' to quit their homes and join those who had evacuated previously." * Thus these possessions were among the spoils towards which the Moslems " pressed not with horse or camel." The Prophet then said to the Ansdr : " Your brethren, the Emi- grants have no possessions. If ye therefore desire, I will divide these [newly acquired possessions] and what ye al- ready possess among you and the Emigrants. But if ye desire, keep ye your possessions and I will divide these [newly acquired ones] among the Emigrants alone." To this the Ansdr replied : " Divide these among them and give them from our possessions whatever thou wishest." Be- cause of this the text was revealed : " They prefer them be- fore themselves, though poverty be their own lot." 2 There- upon abu-Bakr said : " May Allah give you the good recom- pense, ye Ansdrs your case and ours is like that referred to by al-Ghanawi where he said,
' May Allah recompense in our behalf the Ja'far, 21
who when our feet slipped in al-Wat'atain and we fell,
took ungrudging care of us
although our mothers would have murmured if they were in their place.
The rich are many and every hungry man goes to places kept warm and sheltered/ "
The fief of az-Zubair. Al-Husain from Hisham ibn- 'Urwah's father : — The Prophet assigned as fief to az-Zubair ibn-'Auwam a piece of the banu-an-Nadir's land planted with palm-trees.
Al-Husain from Hisham ibn-'Urwah's father : — The Pro-
1 Koran, 59 : 2. 2 Kor., 59 : 9.
THE POSSESSIONS OF THE BANU-AN-NADtR 39
phet gave out of the land of the banu-an-Nadir in fief and he gave a fief to az-Zubair.
Muhammad ibn-Sa'd,1 the secretary of al-Wakidi, from Anas ibn-'Iyad, and 'Abdallah ibn-Numair from Hisham ibn-'Urwah's father : — The Prophet assigned as fief to az- Zubair a piece of the banu-an-Nadir's land planted with palm- trees. Abu-Bakr assigned to az-Zubair as fief al-Jurf. Anas in his tradition says the land was dead. 'Abdallah ibn-Numair says in his tradition that 'Umar gave az-Zubair as fief all of al-'Akik.
1 Ibn-Sa'd, vol. ii2, p. 41.
CHAPTER III THE POSSESSIONS OF THE BANU-KURAIZAH
The subjection of the banu-Kuraizah. The Prophet be- sieged banu-Kuraizah for a few days in dhu-1-Ka'dah, and a few days in dhu-1-Hijjah, of the year 5, the whole time being fifteen days.1 These banu-Kuraizah were among those who had assisted in the fight against the Prophet in the battle of al-Khandak [the moat] also called battle of al-Ahzab [the confederates]. Finally they surrendered and he in- stalled Sa'd ibn-Mu'adh al-Ausi as their ruler. The latter decreed that every adult2 be executed, that women and children be carried as captives and that all that they pos- sessed be divided among the Moslems.5 The Prophet ap- proved of the decree saying : " What thou hast decreed is in accordance with the decree of Allah and his Prophet."
Gabriel appears to the Prophet. 'Abd-al-Wahid ibn- Ghiyath from 'A'ishah : — When the Prophet was done with 22 the battle of al-Ahzab, he went into the wash-room in order to wash. There Gabriel appeared to him and said, " Mu- hammad, thou hast laid down thy arms; but we have not yet. Hasten against the banu-Kuraizah." 'A'ishah upon this said to the Prophet : " O Prophet of Allah, I have seen him [Gabriel] through a hole in the door with the dust around his head!"4
i Dhu-l-Ka'dah 23— dhu-1-IIijjah 9; cf. Wakidi, tr. Wellhausen, p. 210; fabari, vol. i, p. 1487.
1 Literally " every one on whose beard the razor could be used." 8 Wakidi, Maghdzi, p. 373.
4 Wakidi, Maghdzi, p. 371 ; Ibn-Sa'd, vol. iil, p. 55; Ibn-Hisham, p. 684. 40
THE POSSESSIONS OF THE BANU-KVRAIZAH 4I
The adults executed. 'Abd-al- Wahid ibn-Ghiyath from Kathir ibn-as-Sa'ib : — Banu-Kuraizah were presented to the Prophet with the result that those of them who had at- tained to puberty 1 were executed and those who had not attained to puberty were spared.
Huyai ibn-Akhtab put to death with his son. Wahb ibn- Bakiyah from al-Hasan: — Huyai ibn-Akhtab made a cove- nant with the Prophet agreeing never to assist anyone against him and mentioned Allah as surety for the covenant. When he and his son were brought before the Prophet on the day of Kuraizah, the Prophet remarked : " The one mentioned as surety has done his part." By the order of the Prophet the heads of the man and his son were cut off.2
The division of the booty. Bakr ibn-al-Haitham from Ma'mar who said : — I once asked az-Zuhri whether the banu- Kuraizah had any lands, to which he replied directly, " The Prophet divided it among the Moslems into different shares."
Al-Husain ibn-al-Aswad from ibn-' Abbas : — The Prophet divided the possessions of the banu-Kuraizah and Khaibar among the Moslems.8
The conquest according to az-Zuhri. Abu-'Ubaid al- Kasim ibn-Sallam from az-Zuhri : — The Prophet pressed the siege against banu-Kuraizah until they surrendered to Sa'd ibn-Mu'adh who decreed that their men be executed, their children be taken as captives and their possessions be divided. Accordingly, a certain number of men were put to death on that day.
1 Literally every one who "had the dreams and hair" that mark adolescence.
2 Tabari, vol. i, p. 1494.
3 Wakidi, Wellhausen, pp. 220-221.
CHAPTER IV
KHAIBAR 23
The capitulation of Khaibar. The Prophet invaded Khaibar * in the year 7. Its people contended with him, delayed him and resisted the Moslems. So the Prophet be- sieged them for about one month.2 They then capitulated on the terms that their blood would not be shed, and their children be spared, provided that they evacuate the land, which he permitted the Moslems to take together with the gold and silver and arms — except what was on the person of the banu-Khaibar, and that they keep nothing secret from the Prophet. They then told the Prophet, " We have special experience in cultivation and planting palm-trees," and asked to be allowed to remain in the land. The Prophet granted them their request and allowed them one-half of the fruits and grains produced saying : " I shall keep you settled so long as Allah keeps you."
'Umar expels the people of Khaibar. During the cali- phate of 'Umar ibn-al-Khattab, a pestilence spread among them and they mistreated the Moslems. 'Umar, thereupon, made them evacuate the land, dividing what they had among those of the Moslems who already had a share in it.
The terms made. Al-Husain ibn-al-Aswad from Muham- mad ibn-Ishak who said : — " I once asked ibn-Shihab about Khaibar and he told me that he was informed that the •
1 Yakut, vol. ii, p. 503.
2Diyarbakri, Ta'rlkh al-Khamis, vol. ii, p. 47. 4*
KHAIBAR 43
Prophet captured it by force after a fight, and that it was included among the spoils which Allah assigned to his Prophet. The Prophet took its fifth and divided the land among the Moslems. Those of its people who surrendered did 1 so on condition that they leave the land ; but the Pro- phet asked them to enter into a treaty, which they did."
Huyai hides a bag full of money. 'Abd-al-A'la ibn- Hammad an-Narsi from ibn-'Umar : — The Prophet came to the people of Khaibar and fought them until he drove them to their castle and captured their land and palm-trees. They then capitulated on the terms that their blood be not shed, that they evacuate the land and be entitled to all that their camels could carry, and that the Prophet be entitled to the gold and silver and arms.2 The Prophet made it a condi- tion for them that they hold nothing secret or hidden from him, otherwise they are no more within his protection or covenant. They, however, hid a leather bag in which were kept money and jewels belonging to Huyai ibn-Akhtab. This bag Huyai had brought to Khaibar on the occasion 24 of the expulsion of the banu-an-Nadir. The Prophet asked Sa'yah ibn-'Amr saying, "What has become of the bag which Huyai brought from the banu-an-Nadir?" To this Sa'yah answered, " Wars and expenses have emptied it." But the Prophet remarked, " It was a short time and a big sum of money. Moreover, Huyai was killed before that." The Prophet then turned Sa'yah over to az-Zubair and the latter put him to the torture. At last Sa'yah said : " I saw Huyai roaming about in a deserted place yonder." Search was made in the deserted place and the bag was found. The Prophet, thereupon, put the two sons of abu-1-Hukaik to death, one of whom was the husband of Saf iyah,s the daugh-
1 Hisham, p. 779. 2 Ibn-Sa'd, vol. ii2, pp. 79-80.
3 who became one of the wives of Muhammad, see an-Nawawi, Tahdhib al-Asmd', pp. 846-847.
44 THE ORIGINS OF THE ISLAMIC STATE
ter of Huyai ibn-Akhtab. Moreover, he captivated their children and women and divided their possessions because of their breach of faith.
'Abdalldh ibn-Rawahah estimates the produce. The Pro- phet also wanted to expel the banu-Khaibar from the land but they said, " Let us stay in the land to repair it and manage it." The Prophet and his companions having no slaves to manage it, and they having no time to do it themselves, he gave them Khaibar on condition that they have one-half of every palm-tree or plant ... 1 as it occurred to the Prophet. 'Abdallah ibn-Rawahah used to come every year and esti- mate by conjecture the quantity of dates upon the palm-trees and rent them one-half. Banu-Khaibar accused him to the Prophet charging him with partiality in estimation and of- fered to bribe him. To this he [' Abdallah] replied saying, "Do ye enemies of Allah mean to give me unlawful money ? 2 By Allah, I have been sent to you by one whom of all men I love best. As for you, I hate you more than monkeys and pigs. My hatred to you and love to him, however, shall never stand in the way of my being just to you." They then said, " Through this [justice] have heavens and earth been established !"
The green spot in the eye of Safiyah, the Prophet's wife. Once the Prophet, noticing a green spot in the eye of Safiyah, daughter of Huyai, asked her about it, and she said, "As my head lay in the lap of ibn-abi-1-Hukaik, I saw in my sleep as if a moon fell in my lap. When I told him of what I saw he gave me a blow saying, 'Art thou wishing to have the king of Yathrib ?' " * Safiyah added, " Of all men the Prophet was the one I disliked most, for he had killed
1 Text not clear. 1 Kor., 5 : 67 and 68. "Tabari, vol. i, p. 1582.
KHAIBAR
45
tny husband, father and brother. But he kept on saying, ' Thy father excited the Arabs to unite against me and he did this and that/ until all hatred was gone away from me."
The Prophet used to give annually each of his wives 80 25 camel-loads of dates and 80 loads of barley from Khaibar.
'Umar divides Khaibar. It was stated by Nan' that dur- ing the caliphate of 'Umar ibn-al-Khattab, the people of Khaibar mistreated the Moslems and deceived them and broke the hands of the son of 'Umar * by hurling him from the roof of a house. Consequently, 'Umar divided the land among those of the people of Hudaibiyah who had taken part in the battle of Khaibar.
The forts of Khaibar. Al-Husain ibn-al-Aswad from 'Abdallah ibn-abi-Bakr ibn-Muhammad ibn-'Amr ibn- Hazm: — The Prophet besieged the people of Khaibar in their two fortresses — al-Watih and Sulalim. When they felt that their destruction was sure, they requested the Prophet to let them off and spare their lives. This he did. The Prophet had already taken possession of all their property 2 including ash-Shikk, an-Natat and al-Katibah together with all their forts except what was in the above-mentioned two.
"Speedy victory" The following tradition regarding the text : 3 "And rewarded them with a speedy victory " was transmitted by al-Husain ibn-al-Aswad on the authority of 'Abd-ar-Rahman ibn-abi-Laila : — Khaibar and another are meant who could not be subdued by the Persians and Greeks.
The division of Khaibar. 'Amr an-Nakid from Bushair ibn-Yasar: — The Prophet divided Khaibar into thirty-six shares and each share into a hundred lots. One-half of the shares he reserved for himself to be used in case of
1Hisham, p. 780.
2 Six fortresses mentioned by Ya'kubi, vol. ii, p. 56.
8Kor., 48:18.
46 THE ORIGINS OF THE ISLAMIC STATE
accident or what might befall him, and the other half he distributed among the Moslems. According to this, the Prophet's share included ash-Shikk with an-Natat and whatever was included within them. Among the lands turned into wakf 1 were al-Katibah and Sulalim. When the Prophet laid his hands on these possessions, he found that he had not enough 'amils 2 for the land. He therefore turned it over to the Jews on condition that they use the land and keep only one-half of its produce. This arrange- ment lasted throughout the life of the Prophet and abu-Bakr. But when 'Umar was made caliph, and as the money be- came abundant in the lands of the Moslems, and the Moslems became numerous enough to cultivate the land, 'Umar expelled the Jews to Syria and divided the property 26 among the Moslems.
Bakr ibn-al-Haitham from az-Zuhri : — When the Prophet conquered Khaibar the fifth share of it [reserved for him- self] was al-Katibah; as for ash-Shikk, an-Natat, Sulalim and al-Watih they were given to the Moslems. The Pro- phet left the land in the hands of the Jews on condition that they give him one-half of the produce. Thus the part of the produce assigned by Allah to the Moslems was divided among the Moslems until the time of 'Umar who divided the land itself among them according to their shares.
Abu-'Ubaid from Maimun ibn-Mihran : — The Prophet be- sieged the inhabitants of Khaibar between twenty and thirty days.
Al-Husain ibn-al-Aswad from Bushair ibn-Yasar: — The Prophet divided Khaibar into thirty-six shares — eighteen for the Prophet to meet the expenses of accidents, visitors,
1 Unalienable legacy to the Moslem general community.
2 Governors whose chief function it was to collect taxes and conquer more lands.
KHAIBAR
47
and delegates, and the remaining eighteen shares to be divided each among one hundred men.1
Al-Husain from Bushair ibn-Yasar : — Khaibar was divided into thirty-six shares, each one of which was subdivided into one hundred lots. Eighteen of these shares were divided among the Moslems including the Prophet, who had in addition eighteen shares to meet the expenses of visitors and delegates and accidents that might befall him.
'Abdalldh ibn-Rawdhah estimates the produce. ' Ann- an-Nakid and al-Husain ibn-al-Aswad from ibn-'Umar: — The Prophet sent ibn-Rawahah to Khaibar who made a conjectural estimation of the palm-trees and gave the people their choice to accept or refuse, to which they replied : " This is justice; and upon justice have heaven and earth been established."
The sons of abu-l-Hukaik put to death. Ishak ibn-abi- Isra'il from an inhabitant of al-Madinah: — The Prophet 27 made terms with the sons of abu-l-Hukaik stipulating that they conceal no treasure. But they did conceal; and the Prophet considered it lawful to shed their blood.
Abu-'Ubaid from Maimun ibn-Mihran: — The people of Khaibar were promised security on their lives and children on condition that the Prophet get all that was in the fort. In that fort were the members of a family strongly opposed to the Prophet. To them the Prophet said : " I am aware of your enmity to Allah and to his Prophet, but this is not to hold me from granting you what I granted your com- panions. Ye, however, have promised me that if ye conceal a thing your blood will become lawful to me. What has be- come of your utensils?" " They were all " — they replied, " used up during the fight." The Prophet then gave word to
*Cf. Wakidi, tr. Wellhausen, p. 285; Tabari, vol. i, p. 1588; Athir, vol. ii, p. 171.
48 THE ORIGINS OF THE ISLAMIC STATE
his Companions to go to the place where the utensils were. The vessels were disinterred and the Prophet struck off their heads.
'Abdallah ibn-Rawahah. 'Amr an-Nakid and Muham- mad ibn-as-Sabbah from ibn-' Abbas : — The Prophet turned Khaibar over with its soil and palm-trees to its inhabitants allowing them half of the produce.
Muhammad ibn-as-Sabbah from ash-Sha'bi : — The Pro- phet turned Khaibar over to its inhabitants for one-half of the produce and sent 'Abdallah ibn-Rawahah to estimate the dates (or perhaps he said the palm-trees). This he estimated and divided into two halves and asked them to choose whichever one they wanted. Upon this they said, " It is by this that heavens and earth have been established."
A certain friend of abu-Yusuf from Anas: — 'Abdallah ibn-Rawahah said to the people of Khaibar, " If ye wish, I will estimate and let you choose; otherwise, ye estimate and let me choose." Upon this they said, " It is by this that heavens and earth have been established."
The division of Khaibar. Al-Kasim ibn-Sallam from az-Zuhri : — The Prophet took Khaibar by force as a result of a fight; and after taking away one-fifth, he divided the remaining four-fifths among the Moslems.
The Jews of Khaibar expelled. 'Abd-al-A'la ibn- 2g Hammad an-Narsi from ibn-Shihab: — The Prophet said: ' There can be no two religions at the same time in the Arabian peninsula." 1 'Umar ibn-al-Khattab investigated until he found it certain and assured that the Prophet had said, " There can be no two religions at the same time in the Arabian peninsula." Accordingly, he expelled the Jews of Khaibar.
1 Gottheil, " Dhimmis and Moslems in Egypt" in 0. T. and Semitic Studies, vol. ii, p. 351.
KHAIBAR 49
The Prophet gives his share. Al-Walid ibn-Salih from al-Wakidi's sheikhs: — The Prophet assigned his share in Khaibar as a means of subsistence, bestowing on each one of his wives 80 camel-loads of dates and 20 loads of barley; on his uncle al-' Abbas ibn-'Abd-al-Muttalib 200 loads; and on abu-Bakr, 'Umar, al-Hassan, al-Husain and others including the banu-al-Muttalib ibn-'Abd-Manaf a certain number of loads. To this end, he drew up for them a document.
Al-Walid from Aflah ibn-Humaid's father who said : — " I was made by 'Umar ibn-'Abd-al-'Aziz governor of al- Karibah ; and we used to give the heirs of the recipients of the Prophet's bestowals their due, those heirs being num- bered and recorded by us.
'Umar divides Khaibar. Muhammad ibn-Hatim as- Samin from Nafi* : — The Prophet turned Khaibar over to the hands of its people on condition that they give him one-half of the produce. Thus they held it during the life of the Prophet, abu-Bakr and the early part of the caliphate of 'Umar. Then 'Abdallah ibn-'Umar visited them for some purpose and they attacked him in the night. He ['Umar], therefore, turned them out of Khaibar and divided it among those of the Moslems who were present [in its battle] giv- ing a share to the Prophet's wives. To the latter he said, " Whichever of you likes to have the fruit can have it, and whichever likes the estate can have it, and whatever ye choose will be yours and your heirs' after you."
Al-Husain ibn-al-Aswad from ibn-' Abbas : — Khaibar was divided into 1580 shares. The Moslems were 1580 men, of whom 1540 had taken part in the battle of al-Hudaibiyah and forty were with Ja'far ibn-abi-Talib in Abyssinia.
The fief of az-Zubair. Al-Husain ibn-al-Aswad from ibn-'Urwah's father : — The Prophet gave as fief to az-Zubair 29 lands in Khaibar planted with palm- and other trees.
CHAPTER V FADAK
The capitulation of Fadak. As the Prophet departed from Khaibar, he sent to the people of Fadak * Muhaiyisah ibn-Mas'ud al-Ansari inviting them to Islam. Their chief was one of their number named Yusha' ibn-Nun the Jew. They made terms with the Prophet, agreeing to give up one- half of the land with its soil.2 The Prophet accepted. Thus one-half was assigned wholly to the Prophet because the Moslems " pressed not against it with horse or camel." The Prophet used to spend the income on the wayfarers.
fUmar expels the inhabitants. The inhabitants of Fadak remained in it until 'Umar ibn-al-Khattab became caliph and expelled the Jews of al-Hijaz. On that occasion he sent abu-1-Haitham Malik ibn-at-Taiyihan (some say an- Naiyihan), Sahl ibn-abi-Haithamah al-Ansari, and Zaid ibn- Thabit al-Ansari, who estimated justly the value of one- half of its soil. This value 'Umar paid to the Jews and expelled them to Syria.
Sa'id ibn-Sulaiman from Yahya ibn-Sa'id : — The people of Fadak made terms with the Prophet agreeing to give one-half of the land and the palm-trees. When 'Umar ex- pelled them, he sent some one to estimate their share in land and palm-trees and he gave them their value.
1 Yakut, vol. iii, pp. 856-857. 'Not only the produce.
8 Athir, vol. ii, p. 171 ; Mas'udi, Kitdb at-Tanbih, p. 258. 50
FADAK 5!
Bakr ibn-al-Haitham from az-Zuhri : — 'Umar ibn-al- Khattab gave the people of Fadak the price of one-half of their land and palm-trees.
Al-Husain ibn-al-Aswad from az-Zuhri, 'Abdallah ibn- abi-Bakr and certain sons of Muhammad ibn-Maslamah : — Only a remnant of the Khaibar was spared. They betook themselves to the fortifications and asked the Prophet to save their lives and let them go off. The people of Fadak having heard of that surrendered on the same conditions.1 Thus Fadak became the special share of the Prophet, for the 30 Moslems " pressed not against it with horse and camel."
A similar tradition was transmitted to us by al-Husain from 'Abdallah ibn-abi-Bakr, with one addition, that among those who were intermediary between the two parties was Muhaiyisah ibn-Mas'ud.
Al-Husain from 'Umar : — The Prophet had three portions appropriated to himself exclusive of his men: the land of banu-an- Nadir which was unalienable and to meet the ex- penses of the accidents that might befall him, Khaibar which he divided into three parts, and Fadak the income of which was reserved for wayfarers.
The wives of the Prophet demand an inheritance. 'Abdal- lah ibn-Salih al-'Ijli from 'Urwah ibn-az-Zubair : — The wives of the Prophet delegated 'Uthman ibn-'Affan to ask abu-Bakr to give them their inheritance from the share of the Prophet in Khaibar and Fadak. But 'A'ishah said to them, " Do ye not fear Allah ? and have ye not heard the Prophet say — ' What we leave as sadakah cannot be in- herited?' This property therefore is the property of the people of Muhammad to meet the expenses of the accidents and guests, and when I die it goes to the one in authority after me." On hearing this, the other wives desisted from their request.
1 Diyarbakri, vol. ii, pp. 57 and 64.
52 THE ORIGINS OF THE ISLAMIC STATE
A similar tradition was communicated to us by Ahmad ibn-Ibrahim ad-Dauraki on the authority of 'Urwah.
The banu-Umaiyah confiscate Fadak. Ibrahim ibn- Muhammad ibn-'Ar'arah from al-Kalbi : — The banu- Umaiyah confiscated Fadak and violated the law of the Prophet in regard to it. But when 'Umar ibn-'Abd-al-'Aziz became caliph, he reinstated the land in its old condition.
Fatimah demands Fadak. 'Abdallah ibn-Maimun al- Mukattib from Malik ibn-Ja'wanah's father : — Fatimah said to abu-Bakr, "The Prophet assigned to me Fadak; thou shouldst therefore give it to me." 1 'Ali ibn-Abi-Talib acted as a witness in her favor. But abu-Bakr asked for another witness; and umm-Aiman testified in her favor. Abu-Bakr, thereupon, said " Thou, daughter of Allah's Pro- 3 l phet, knowest that no evidence can be accepted unless it is rendered by two men or a man and two women." Upon this she departed.
Rauh al-Karabisi from one supposed by Rauh to have been Ja'far ibn-Muhammad : — Fatimah said to abu-Bakr, " Give me Fadak, the Prophet has assigned it to me." Abu- Bakr called for evidence and she presented umm-Aiman and Rabah, the Prophet's freedman, both of whom testified in her favor. But abu-Bakr said, " In such a case no evi- dence could be accepted unless it be rendered by a man and two women."
Ibn-'A'ishah at-Taimi from umm-Hani : — Fatimah, the Prophet's daughter, called on abu-Bakr and asked : " Who will inherit thee when thou art dead ?" to which he replied, " My son and family." " Why then," asked she, " hast thou —and not we — inherited the Prophet's possessions?" " Daughter of Allah's Prophet," answered abu-Bakr, " by Allah, I have inherited from thy father neither gold nor
1 Bukhari, vol. iii, p. 131.
FADAK 53
silver, neither this nor that." " But," said she, " thou hast inherited our share in Khaibar and our sadakah in Fadak." To this abu-Bakr replied, " Daughter of Allah's Prophet, I heard Allah's Prophet say, ' This is but something assigned by Allah as a means of subsistence to use during my life; on my death it should be turned over to the Moslems.' '
'Uthman ibn-abi-Shaibah from Mughirah: — 'Umar ibn- 'Abd-al-'Aziz once summoned the banu-Umaiyah and ad- dressed them saying : " Fadak belonged to the Prophet and by the income from it he met his own expenses, supplied the needy among the banu-Hashim and helped the unmarried among them to marry. Fatimah asked him to bestow it on her, but he refused. After the Prophet's death, abu-Bakr used it in the same way. And so did 'Umar when he be- came caliph. And now I am going to put it back to its original use; and ye will be my witnesses."
Kura 'Ar ably ah. The following tradition was trans- mitted to us by Suraij ibn-Yunus from az-Zuhri in explana- tion of the text, "Against which ye pressed not with horse or camel " : J — The places referred to are Kura 'Arabiyah 2 that belong to the Prophet, i. e., Fadak, and this and that.
'Umar expels the Jews of Fadak. Abu-'Ubaid from az- 32 Zuhri or someone else : — 'Umar expelled the Jews of Khaibar and they evacuated the place. As for the Jews of Fadak, they retained half the fruits [produced] and half the soil, in accordance with the conditions on which they made terms with the Prophet. 'Umar paid them the price of half the products and half the soil in gold, silver and pack-saddles, and then expelled them.
The khutbah of 'Umar ibn- Abd-al- Aziz. 'Amr an- Nakid from abu-Burkan : — The following is taken from the
1Korv 59:6.
1 Bakri, pp. 657-658 ; Wakidi, Maghazi, p. 374.
54
THE ORIGINS OF THE ISLAMIC STATE
speech of 'Umar ibn-'Abd-al-'Aziz on his installment in the caliphate : " Fadak was among the spoils that Allah assigned the Prophet and the * Moslems pressed not against it with horse and camel.' When Fatimah asked him to give her the land, he said, ' Thou hast nothing to demand from me, and I have nothing to give thee.' The Prophet used to spend the income from it on wayfarers. Then came abu- Bakr, 'Umar, 'Uthman and 'AH who put it to the same use as the Prophet. But when Mu'awiyah became caliph he gave it as fief to Marwan ibn-al-Hakam ; and the latter bestowed it on my father and on 'Abd-al-Malik. Thus it was handed down to al-Walid, Sulaiman and myself. When al-Walid became caliph, I asked him to give me his share, which he did. In like manner, I asked Sulaiman for his share and he gave it. Thus I brought it into one whole again. And nothing that I possess is dearer to me than it ! Be ye therefore my witnesses, that I have restored it to what it was."
Al-Ma'mun gives Fadak to the descendants of Fatimah. In the year 210, the commander of the believers al-Ma'mun 'Abdallah ibn-Harun ar-Rashid ordered that Fadak be de- livered to the children of Fatimah. To that effect he wrote to his 'amil in al-Madinah, Kutham ibn-Ja'far, saying, " Greetings ! — The commander of the believers, in his position in the religion of Allah and as caliph [successor] of his Prophet and a near relative to him, has the first right to enforce the Prophet's regulations and carry out his or- ders and deliver to him, whom the Prophet granted some- thing or gave it as sadakah, the thing granted or given as such. In Allah alone does the success as well as the strength of the commander of the believers lie, and to do what makes him win His favor is his [the commander's] chief desire.
The Prophet had given Fatimah, his daughter, Fadak and bestowed it as sadakah on her. That was an evident and
FADAK
55
well-known fact on which there was no disagreement among 33 the relatives of the Prophet, who do not cease to lay claim on what was given to Fatimah as sadakah and to which she is entitled. Consequently, the commander of the believers has deemed it right to return it to the heirs of Fatimah and deliver it to them, seeking thereby to win the favor of Allah by establishing his right and justice, and of Allah's Prophet by carrying out his command and his wish regarding his sadakah. This the commander of the believers ordered re- corded in his registers and sent in writing to his 'dmils. And since, after the death of the Prophet, it has been cus- tomary on every mausim 1 to have any person claim a grant, or sadakah or promise,2 and to have his claim accepted, then Fatimah' s claim on what the Prophet has bestowed on her should — above that of every one else — be accepted as true.
The commander of the believers has written to al- Mubarik at-Tabari, his freedman, ordering him to give Fadak back to the heirs of Fatimah, the Prophet's daugh- ter, with all its boundaries and the rights attached to it, and including its slaves and products and other things, all to be delivered to Muhammad ibn-Yahya ibn-al-Husain ibn-Zaid ibn-'Ali ibn-al-Husain ibn-'Ali ibn-abi-Talib and to Muham- mad ibn-'Abdallah ibn-al-Hasan ibn-'Ali ibn-al-Husain ibn- 'Ali ibn-abi-Talib, both of whom the commander of the believers has put in charge of the land in behalf of its owners.
Know therefore that this is the opinion of the commander of the believers and what Allah has inspired him to do as His will, and what He has enabled him to do in the way of winning His favor and His Prophet's favor. Let those under thee know it; and treat Muhammad ibn-Yahya
1 Meeting time of the pilgrims, see an-Nihdyah, vol. iv, p. 211, and Mutarrizi, al-Mughrib, vol. ii, p. 250.
2 Ar. 'idat, see Bukhari, vol. ii, p. 285 ; vol. iii, p. 168.
56 THE ORIGINS OF THE ISLAMIC STATE
and Muhammad ibn-'Abdallah as thou hast treated al- Mubarik at-Tabari; and help them in any way that makes for the fertility, interest and productivity of the land. May it be Allah's will, and peace be unto thee.
Written on Wednesday, two days after the beginning of dhu-1-Ka'dah, year 210."
Al-Mutawakkil restores Fadak to its old condition. When al-Mutawakkil, however, became caliph, he ordered that the land be reinstated in the condition in which it had been before al-Ma'mun.
CHAPTER VI
WADI-L-KURA AND
Wadi-l-Kura taken by assault. When the Prophet de- parted from Khaibar, he came to Wadi-l-Kura * and invited its people to Islam. They refused and started hostilities. 34 The Prophet reduced the place by force; and Allah gave him as booty the possessions of its inhabitants. To the lot of the Moslems fell pieces of furniture and other commodi- ties of which the Prophet took away one-fifth. The Pro- phet left the land with its palm-trees in the hands of certain Jews on the same rent terms which he had made with the people of Khaibar.2 Some say that 'Umar expelled its Jews and divided it among those who fought for its con- quest. Others, however, say that 'Umar did not expel them, for it is not included in al-Hijaz. Today it is annexed to the administrative district of al-Madinah and is included among its suburbs.
Mid' am condemned to fire. I was informed by certain scholars that the Prophet had a slave, named Mid'am, whom Rifa'ah ibn-Zaid al-Judhami had presented to him. Dur- ing the invasion of Wadi-l-Kura, Mid'am was shot by an arrow from an unknown quarter as he was putting down the saddle of the Prophet's camel. When someone re- marked, " Blessed, O prophet of Allah, is thy slave, for he was shot by an arrow and suffered martyrdom," the Pro-
1 Yakut, vol. iv, p. 678.
2 Wakidi, tr. Wellhausen, p. 292.
57
5g THE ORIGINS OF THE ISLAMIC STATE
phet replied, " Nay, the mantle he took from the spoils on the day of Khaibar shall verily burn on him like fire." *
Shaiban ibn-Farrukh from al-Hasan : — Someone remarked to the Prophet, " Thy lad, so and so, has suffered martyr- dom," to which the Prophet replied, " Rather he is dragged to fire in a mantle he unlawfully took from the spoils."
'Abd-al-Wahid ibn-Ghiyath from al-Hasan: — Some one remarked to the Prophet, " Happy art thou, for thy lad, so and so, has suffered martyrdom!" to which he replied, " Rather he is dragged to fire in a mantle he unlawfully took from the spoils." 2
Taima capitulates. When the people of Taima' heard how the Prophet had subjugated the people of Wadi-1- Kura, they made terms with him, agreeing to pay poll-tax, and they settled in their homes with their lands in their possession.8 The Prophet assigned 'Amr ibn-Sa'id ibn- al-'Asi ibn-Umaiyah as governor to Wadi-1-Kura, and as- signed Yazid ibn-abi-Sufyan after its conquest, the latter having become Moslem on the day of the conquest of Taima'.
'Umar expels the inhabitants. 'Abd-al-A'la ibn-Ham- mad an-Narsi from 'Umar ibn-'Abd-al-'Aziz : — 'Umar ibn- al-Khattab expelled the people of Fadak, Taima' and 35 Khaibar. The fight between the Prophet and the people of Wadi-1-Kura took place in Jumada II, year 7.
The fief of Hamzah ibn-an-Nu(mdn. Al-' Abbas ibn- Hisham al-Kalbi from his grandfather : — The Prophet gave as fief to Hamzah ibn-an-Nu'man ibn-Haudhah-l-'Udhri his whip's throw 4 in Wadi-1-Kura. This Hamzah was the
1 Hisham, p. 765.
* Bukhari, vol. iii, pp. 129-130.
* Diyarbakri, vol. ii, p. 65. 4 Mawardi, p. 330.
WADI-L-KURA AND TAIMA' 59
chief of the banu-'Udhrah and the first of the people of al- Hijaz to offer the Prophet the sadakah of banu-'Udhrah.
The fief of fAbd-al-Malik ibn-Marwdn. 'Ali ibn-Muham- mad from al-' Abbas ibn- 'Amir's uncle : — 'Abd-al-Malik ibn- Marwan called on Yazid ibn-Mu'awiyah and said, "O1 com- mander of the believers, Mu'awiyah in his caliphate bought from certain Jews a piece of land in Wadi-1-Kura and made many improvements in it. Thou hast let that land fall into negligence. It is therefore lost, and its income has de- creased. Give it therefore as fief to me, and I shall take care of it." To this Yazid replied : " We are not stingy in big things, nor can a trifling escape our eye." 'Abd-al-Malik then said, " Its income is so much . . . ' " Thou canst have it," said Yazid.1 When 'Abd-al-Malik departed Yazid remarked, "It is said that this is the man that will rule after us. If that is right, we would have done him favor and expect to receive something in repay; if it is false, we have granted him a gift."
1 L. Caetani, Annali dell Islam, vol. ii, p. 50, note 7.
CHAPTER VII MAKKAH
The cause of its invasion. When the Prophet made ar- rangements with the Kuraish in the year of al-Hudaibiyah and wrote down the statement of the truce1 to the effect that he who desires to make a covenant with Muhammad can do so, and he who desires to make a covenant with Kuraish can do so; and that he of the Companions of the Prophet who comes to Kuraish should not be returned, and he of the banu-Kuraish or their allies who conies to the Prophet should be returned, then those of Kinanah who were present rose and said, " We will enter into a covenant with Kuraish, and accept their terms " ; but Khuza'ah said, " We will enter into the covenant of Muhammad and his contract." Since between 'Abd-al-Muttalib and Khuza'ah an old alliance existed, 'Amr ibn-Salim ibn-Hasirah-1-Khuza'i composed the following verse :
" O Allah ! I am seeking from Muhammad
the hereditary alliance of our father and his." 2
One of the clan of Khuza'ah hearing one of the clan of Kinanah sing a poem satirizing the Prophet, attacked him and crushed his head. This incident provoked evil and fighting between the two parties. Kuraish reinforced banu- Kinanah and together they attacked Khuza'ah in the night time, thus violating the covenant and the arrangement.
1 Wakidi, Maghasi, p. 387 ; Hisham, pp. 746-747, 803. 1 Hisham, p. 806; Wakidi, Maghazi, p. 402; Fakihi, p. 42. 60
MAKKAH 6l
Thereupon, 'Amr ibn-Salim ibn-Hasirah-1-Khuza'i came to the Prophet and solicited his aid. This led the Prophet to invade Makkah.
The following is taken from a long tradition communi- cated to us by abu-'Ubaid al-Kasim ibn-Sallam on the au- thority of 'Urwah: — Kuraish made terms with the Pro- phet, stipulating that both parties promise each other secur- ity against treachery and stealth,1 so that a man coming on pilgrimage to Makkah or to visit there, or passing on his way between al-Yaman and at-Ta'if is safe; and he of the " polytheists " who passes through al-Madinah on his way to Syria and the East is safe. In this covenant the Prophet included banu-Ka'b ; and Kuraish included in their covenant their allies of the banu-Kinanah.
Abu-Sufydn as an envoy. 'Abd-al- Wahid ibn-Ghiyath from 'Ikrimah : — The banu-Bakr of Kinanah were included in the peace terms of Kuraish, and the Khuza'ah were in- cluded in the peace terms of the Prophet. But a fight took 37 place between the banu-Bakr and Khuza'ah at 'Arafah.2 Kuraish provided banu-Bakr with arms, and gave them water to drink, and shelter. Some of the Kuraish objected saying, " Ye have violated the covenant," yet the others replied, " We have not. By Allah, we did not fight. We only gave them provision, water, and shelter."
They, thereupon, said to abu-Sufyan ibn-Harb, " Go and renew the alliance and reconcile the parties " Abu-Sufyan proceeded to al-Madinah where he met abu-Bakr and said to him, "Abu-Bakr, renew the alliance and reconcile the parties."
Abu-Bakr asked him to see 'Umar. Accordingly he met 'Umar and said, " Renew the alliance and reconcile the
1Hisham, p. 747; Caetani, vol. ii, p. 106; Wakidi, tr. Wellhausen, p. 257, note i ; and Fa'ik, vol. ii, p. 114. * Hisham, p. 803 ; Fakihi, pp. 49 and 144-145 ; Yakut, vol. iii, p. 646.
62 THE ORIGINS OF THE ISLAMIC STATE
parties," to which 'Umar replied, " May Allah cut off the alliance what is still connected and wear out what is still new." Abu-Sufyan then said, " By Allah I never saw a worse head of a tribe than thou!" Thence he went to Fatimah who asked him to meet 'AH. This he did and made the same request. 'AH replied, " Thou art the sheikh of Kuraish and its chief. Renew therefore the alliance and reconcile the parties." Abu-Sufyan then clapped his right hand against the left saying, " I have renewed the alliance and reconciled the parties."
He then left and came to Makkah. The Prophet had said, "Abu-Sufyan is coming. He returns satisfied without having effected any result." When he returned to the people of Makkah he told them what had happened and they said, " By Allah we know none more foolish than thou. Thou dost bring us neither war that we may be warned, nor peace that we may feel safe."
Khuza'ah then came to the Prophet and complained of what had befallen them. The Prophet said, " I was ordered to secure one of the two towns Makkah or at-Ta'if." Thereupon, the Prophet ordered that the march be com- menced. Thus he set out with the Companions saying, " O Allah, strike upon their ears [with deafness] that they may not hear,1 so that we may take them by surprise!" The Prophet pressed the march until he camped at Marr az- Zahran. Kuraish had asked abu-Sufyan to return. When he [abu-Sufyan] got to Marr az-Zahran and saw the fires and the tents he said, " What is the matter with the people ? They seem like the people celebrating the night of 'Arafah." Saying this, he was surrounded by the Prophet's horsemen, who took him prisoner ; and he was brought before the Pro- phet. 'Umar came and wanted to execute him, but al-
1 Cf. Kor., 18 : 10.
MAKKAH 63
'Abbas prevented him and he [abu-Sufyan] embraced Islam and presented himself before the Prophet. When the time for morning prayer came, the Moslems bestirred themselves for ablution before prayer. "What is the matter?" said abu-Sufyan to al-'Abbas ibn-'Abd-al-Muttalib, "Do they 38 mean to kill me?" " No," answered al-' Abbas, " they have risen for prayer." As they began to pray, abu-Sufyan noticed that when the Prophet knelt they knelt; when he prostrated himself, they prostrated themselves ; upon which he remarked, " By Allah I never saw, as I did to-day, the submissiveness of a people coming from here and there — not even in the case of the noble Persians, or the Greeks who have long fore-locks." *
Al-' Abbas asked the Prophet saying, " Send me to the people of Makkah that I may invite them to Islam." No sooner had the Prophet sent him than he called him back saying, " Bring my uncle back to me, that the * polytheists ' may not kill him." Al-' Abbas, however, refused to return until he came to Makkah and made the following statement : " O ye people, embrace Islam and ye shall be safe. Ye have been surrounded on all sides. Ye are confronted by a hard case that is beyond your power.2 Here is Khalid in the lower part of Makkah, there is az-Zubair in the upper part of it, and there is the Prophet of Allah at the head of the Emigrants, Ansdr and Khuza/ah." To this Kuraish replied, "And what are Khuza/ah with their mutilated noses !"
The entrance into Makkah. 'Abd-al- Wahid ibn-Ghiyath from abu-Hurairah : — The spokesman of Khuza'ah repeated the following verse before the Prophet :
JFakihi, p. 155; Wakidi, Maghazi, p. 405. 'Fakihi, p. 150; Fa'ik, vol. i, p. 338.
(>4 THE ORIGINS OF THE ISLAMIC STATE
" O Lord, I am seeking from Muhammad
the hereditary alliance between our father and his. Reinforce therefore, with Allah's guidance, a mighty victory,
and summon the worshippers of Allah, and they will come for help." *
Hammad states on the authority of 'Ikrimah that Khuza'ah called the Prophet as he was washing himself, and the Prophet replied, " Here I am!"
According to al-Wakidi among others, a band of Kuraish took up arms on the day of the conquest [of Makkah] saying, " Never shall Muhammad enter the city except by force." Accordingly, Khalid ibn-al-Walid led the fight against them and was the first to receive the order of the Prophet to enter.2 So he killed twenty-four men from [the tribe of] Kuraish and four from [the tribe of] Hudhail. Others state that twenty-three men from Kuraish were killed on that day and the rest took to flight seeking refuge 39 in the mountain heights which they climbed. Of the Com- panions of the Prophet, Kurz ibn-Jabir al-Fihri, and Khalid al-Ash'ar al-Ka'bi suffered martyrdom on that day. According to Hisham ibn-al-Kalbi, however, the latter of the martyrs was Hubaish al-Ash'ar ibn-Khalid al-Ka'bi 8 of the tribe of Khuza'ah.
Abu-Hurairah describes the conquest. Shaiban ibn-abi- Shaibah-1-Ubulli from 'Abdallah ibn-Rabah : — A number of deputations came to call on Mu'awiyah. It was in Ramadan, and we used to prepare food for one another. Abu- Hurairah was one of those who often invited us to his dwel- ling-place. I [ibn-Rabah] therefore prepared a meal and invited them. Then abu-Hurairah asked, " Shall I, O Ansdr, amuse you with a narrative concerning you?" and
1 Tabari, vol. i, pp. 1621-1622.
1 Fakihi, p. 153, seq.
1 " Khunais ibn-Khalid " in Hisham, p. 817.
MAKKAH 65
he went on to describe the conquest of Makkah as follows : " The Prophet advanced until he came to Makkah. At the head of one of the two wings of the army, he sent az-Zubair, at the head of the other, Khalid ibn-al-Walid, and of the infantry abu-'Ubaidah ibn-al-Jarrah. The way they took was through the bottom of the valley. The Prophet was at the head of his cavalry detachment. On seeing me the Prophet called, 'Abu-Hurairah,' and I replied, ' Here I am, Prophet of Allah/ 'Summon the Ansdr,' said he, 'and let no one come but my Ansdr.' I summoned them and they came around. In the meantime, Kuraish had gathered their mob and followers saying, ' Let us send these ahead. If they win, we will join them; and if defeated, we shall give what- ever is demanded.' ' Do ye see ' said the Prophet, ' the mob of Kuraish ?' ' We do/ answered the Ansdr. He then made a sign with one hand over the other as if to say, ' kill them.' To this the Prophet added, ' Meet me at as-Safa.' Accordingly we set out, each man killing whom- ever he wanted to kill, until abu-Sufyan came to the Pro- phet saying, ' O Prophet of Allah, the majority of Kuraish is annihilated. There is no more Kuraish after this day.' 1 The Prophet thereupon announced, 'He who enters the house of abu-Sufyan is safe, he who closes his own door is safe, 40 and he who lays down his arms is safe.' On this the Ansdr remarked one to the other, 'The man is moved by love to his relatives and compassion on his clan.' The Prophet at this received the inspiration which we never failed to observe whenever it came. He therefore said : * O ye Ansdr, ye have said so and so . . v ' ' We have, Prophet of Allah,' replied the Ansdr. ' Nay,' said the Prophet, ' I am the slave of Allah and his Prophet. I have immigrated to Allah and to you. ' My life is your life ; my death is your death !'
, p. 154.
66 THE ORIGINS OF THE ISLAMIC STATE
Hearing this, the Ansdr began to weep saying, 'By Allah, we said what we said only in our anxiety to spare the Prophet of Allah.' The people then crowded to the house of abu- Sufyan and closed its doors laying down their arms. The Prophet proceeded to the ' stone ' and laid hold of it. He then made the circuit of the ' House ' and came, with a bow in his hand held at its curved part, to an idol at the side of the Ka'bah. He began to stab the eye of the idol saying, 'Truth has come and falsehood has vanished, it is the prop- erty of vanity to vanish.' * When the circuit was done, he came to as-Safa, climbed it until he could see the ' House/ and he raised his hand praising Allah and praying."
The Prophet's orders. Muhammad ibn-as-Sabbah from 'Ubaidallah ibn-'Abdallah ibn-'Utbah : — On the occasion of the conquest of Makkah, the Prophet made the following statement, " Slay no wounded person, pursue no fugitive, execute no prisoner; and whosoever closes his door is safe."
Ibn-Khatal proscribed. Al-Wakidi states that the in- vasion in which the conquest was effected was carried on in the month of Ramadan in the year 8. On that occasion the Prophet remained in Makkah to the time of the festival at the end of Ramadan, after which he proceeded to invade Hunain. To the governorship of Makkah he assigned 'Attab ibn-Asid ibn-abi-l-'Ts ibn-Umaiyah, and ordered the de- molishing of the idols and the effacement of the pictures that stood in the Ka'bah. He also said, "Put ibn-Khatal to death, even if ye find him holding the curtains of the Ka'bah." Ac- cordingly, abu-BarzahM-Aslami put him to death. Accord- 41 ing to abu-al-Yakzan, however, the name of ibn-Khatal was Kais, and the one who put him to death was abu- Shiryab al-Ansari. This ibn-Khatal had two female slave-
iRor., 17:83.
2 Al-Wakidi, p. 414, calls him abu-Bardah; cf. ibn-Duraid, Kitab al-Ishtikdk, p. 66; Nawawi, Tahdhib al-Asma', p. 788; Hisham, p. 819.
MAKKAH 67
singers who always sang poems satirizing the Prophet. One of them was killed, and the other lived to the time of 'Uthman when a rib of hers was broken and caused her death.
Mikyas ibn-Subdbah proscribed. Numailah ibn-'Abdal- lah al-Kinani killed Mikyas ibn-Subabah-1-Kinani, the Pro- phet having announced that whosoever finds him may kill him. The Prophet did this for the following reason: Mikyas had a brother, Hashim ibn-Subabah ibn-Hazn, who embraced Islam and witnessed with the Prophet the invasion made on al-Muraisi'. Hashim was mistaken by one of the Ansdr for a " polytheist " and killed. Mikyas thereupon came to the Prophet and the Prophet decreed that the rela- tives of the slayer responsible for the bloodwit should pay it. Mikyas received the bloodwit and became Moslem. Later he attacked his brother's slayer, slew him and took to flight, after which he apostatised from Islam and said :
" My soul has been healed by having him lie,
deep in the blood flowing from his veins his clothes soaked, I took revenge on him by force leaving it,
for the leaders of banu-an-Najjar, the high in rank, to pay his
bloodwit, thereby I attained my ambition, and satisfied my vengeance,
and I was the first to forsake Islam." x
Al-Huwairith proscribed. 'Ali ibn-abi-Talib killed al- Huwairith ibn-Nukaidh ibn-Bujair 2 ibn-'Abd ibn-Kusai, the Prophet having declared that whosoever finds him may kill him.
Ibn-Khatal's slave-singers. Bakr ibn-al-Haitham from al-Kalbi : — A female slave-singer owned by Hilal ibn-'Abdal- lah, i. e., ibn-Khatal al-Adrami of the banu-Taim, came to the Prophet in disguise. She embraced Islam and acknowl-
1 Mawardi, pp. 229-230.
2 Hisham, p. 819.
68 THE ORIGINS OF THE ISLAMIC STATE
edged the Prophet as chief. Not knowing who she was, the Prophet did not molest her. The other singer of Hilal was killed. Both singers, however, used to sing satires against the Prophet.
Ibn-a2-Zibafra embraces Islam. Ibn-az-Ziba'ra as-Sahmi embraced Islam before the Moslems had chance to kill him, and sang poems in praise of the Prophet. On the day of 42 the conquest of Makkah the Prophet declared his blood law- ful, but he was not molested.
The Prophet's khutbah. Muhammad ibn-as-Sabbah al- Bazzaz from al-Kasim ibn-Rabi'ah : — On the day of the battle of Makkah the Prophet delivered the following khutbah [speech] : " Praise be to Allah who made his promise true, and gave his army victory * and all alone defeated the ' confederates.' Verily every privilege of pre-Islamic time and every blood and every claim lie under my feet with the exception of the custody of the ' House ' 2 and the provid- ing of the Pilgrims with beverage."
Khalaf al-Bazzar from 'Abdallah ibn-'Abd-ar-Rahman's sheikhs : — On the day of the conquest of Makkah the Prophet asked Kuraish, " What think ye?" 8 to which they replied, " What we think is good, and what we say is good. A noble brother thou art, and the son of a noble brother. Thou hast succeeded." The Prophet then said, " My answer is that given by my brother Joseph,4 ' No blame be on you this day. Allah will forgive you; for he is the most merciful of the merciful/ Verily every debt, possession, and privi- lege of pre-Islam lie under my feet with the exception of the custody of the ' House ' and providing the pilgrims with beverage."
lHisham, p. 821.
2 The sanctuary at Makkah; Azraki, p. 17 seq.
"Tabari, vol. i, p. 1642.
4 Kor., 12 : 92.
MAKKAH 6g
Shaiban from 'Abdallah ibn-'Ubaid ibn-'Umair: — The Prophet said in his khutbah, " Yea, all Makkah is inviolable. What is between its two rugged mountains was not lawful for any one before me, nor will it be made for any after me. To me it was made lawful for only one hour on one day. Its fresh herbage shall not be cut, its thorny trees shall not be felled, its game shall not be chased, what is found 1 in it shall not be kept unless previous announce- ment has been made of the find." Al-' Abbas said, " From this should be excluded the idhkhir plant 2 to be used by our jewelers, blacksmiths and as a means of cleansing* our houses." The Prophet then added, " The idhkhir is ex- cluded."
Yusuf ibn-Musa-1-Kattan from ibn-' Abbas : — The Prophet said, " The fresh herbage of Makkah shall not be cut, its trees shall not be felled." " With the exception of the 43 idhkhir plant," remarked al-'Abbas, " which is for the black- smiths 4 and for the cleansing of the houses." This the Prophet allowed.
'Umar advised not to confiscate the treasure. Shaiban from al-Hasan : — 'Umar wanted to seize the treasure of the Ka'bah to use it in the cause of Allah. But Ubai ibn-Ka'b al-Ansari turned to him and said : "Before thee, 'Commander of the Believers ' came thy two companions ; 5 who would have surely done so, if it were an act of virtue." 8
Makkah inviolable. 'Amr an-Nakid from Mujahid : 7 —
1 Abu-Ishak ash-Shirazi, at-Tanbih, p. 156.
* A sweet rush resembling papyrus used for roofing houses.
3 Ar. tuhur, according to other readings zuhur " and for the roofs." See Wakidi, tr. Wellhausen, pp. 338-339.
* Ar. kuyun ; Azraki, p. 85, has kubur " graves ". 6 Muhammad and abu-Bakr.
6 Caetani, vol. ii, p. 129, note i.
7 ibn- Jabr ; see an-Nawawi, p. 540.
70 THE ORIGINS OF THE ISLAMIC STATE
" Makkah is inviolable," said the Prophet, " It is not legal either to sell its dwellings or to rent its houses."
The dwelling places of Makkah not to be rented. Muhammad ibn-Hatim al-Marwazi from 'A'ishah who said, " Once I said to the Prophet, ' Build for thee, Prophet of Allah, a house in Makkah that will protect thee against the sun/ to which he replied, * Makkah is the dwelling place only of those who are already in it.' '
Khalaf ibn-Hisham al-Bazzar from ibn-Juraij who said, " I have read a letter written by 'Umar ibn-'Abd-al-'Aziz in which the renting of houses in Makkah is prohibited."
Abu-'Ubaid from ibn-'Umar: — The latter said: " The whole of al-Haram is a place of worship."
'Amr an-Nakid from 'Abd-al-Malik ibn-abi-Sulaiman : — A message written by 'Umar ibn-'Abd-al-'Aziz to the chief of Makkah reads : " Let not the inhabitants of Makkah receive rent for their houses because it is not legal for them."
The following tradition regarding the text, "Alike for those who abide therein and for the stranger 2 " was com- municated to lis by 'Uthman ibn-abi-Shaibah from 'Abd-ar- Rahman ibn-Sabit : — By the stranger is meant the pilgrims and visitors who go there and who have equal right in the buildings, being entitled to live wherever they want, pro- vided none of the natives of Makkah goes out of his home.
The following tradition regarding the same text was communicated to us by 'Uthman on the authority of Mujahid : — The inhabitants of Makkah and other people are alike so far as the dwellings are concerned.
'Uthman and 'Amr from Mujahid : — 'Umar ibn-al-Khattab 44 once said to the people of Makkah, " Make no doors for your houses that the stranger may live wherever he wants."
p. 5 seq. 1 Kor.. 22 : 25.
MAKKAH 7i
'Uthman ibn-abi-Shaibah and Bakr ibn-al-Haitham from abu-Hasin. — The latter said, " I once told Sa'id ibn-Jubair in Makkah that I wanted to 'abide therein ' to which he re- plied, ' Thou art already abiding therein ' and he read, 'Alike for those who abide therein and for the stranger/ '
The following tradition in explanation of the same text was communicated to us by 'Uthman on the authority of Sa'id ibn-Jubair: — All people in it are alike whether they are the inhabitants of Makkah or of some other place.
Muhammad ibn-Sa'd from al-Wakidi : — Many cases were brought before abu-Bakr ibn-Muhammad ibn-'Amr ibn- Hazm regarding the rents of the houses of Makkah, and abu-Bakr in each case judged against the tenant. This too is the view of Malik and ibn-abi-Dhi'b. But according to Rabi'ah and abu-az-Zinad, there is no harm in taking money for renting houses or for selling dwellings in Makkah.1
Al-Wakidi said, " I saw ibn-abi-Dhi'b receiving the rent of his house in Makkah between as-Safa and al-Marwah."
It was said by al-Laith ibn-Sa'd, " Whatever has the form of a house its rent is legal for its proprietor. As for the halls, the roads, the courts, and the abodes that are in a state of ruins, he who conies to them first can have them first without rent."
A tradition to the same effect was transmitted to me by abu-'Abd-ar-Rahman al-Awdi on the authority of ash- Shafi'i.
Said Sufyan ibn-Sa'id ath-Thauri : " To rent a house in Makkah is illegal " ; and he insisted on that.
According to al-Auza'i, ibn-abi-Laila and abu-Hanifah, if the rent is made during the nights of the Pilgrimage it is void, but if it is in other nights, whether the one who hires is a neighbor or not, it is all right.
lCf. Kutb-ad-Din, al-I'lam, p. 17.
72 THE ORIGINS OF THE ISLAMIC STATE
According to certain followers of abu-Yusuf, its rent is absolutely legal. The one " abiding therein " and the " stranger " are alike only as regards making the circuit of the " House."
The plants of the Haram. Al-Husain ibn-'Ali ibn-al- Aswad from 'Abd-ar-Rahman ibn-al-Aswad : — The latter found no harm in gathering vegetables, cutting, eating or making any other use of anything else planted by man in 45 Makkah be it palm-trees or otherwise. He only disapproved of this being done with trees and plants that grow of their own accord without the agency of man. From this cate- gory al-idhkhir was excluded. According to al-Hasan ibn- Salih, 'Abd-ar-Rahman allowed it in the case of rotten trees that have decayed and fallen to pieces.
According to the view of Malik and ibn-abi-Dhi'b, as stated by Muhammad ibn-'Umar al-Wakidi, regarding the legality or illegality of felling a tree of the Haram, it is wrong at all events; but if the man who does it is ignorant he should be taught and receive no penalty; if he knows but is impious, he should be punished without paying the value of the trees. He who cuts it may have it for his use. According to abu-Sufyan ath-Thauri and abu-Yusuf, he should pay the value of the tree he cuts and cannot have the wood for his use. The same view is held by abu- Hanifah.
According to Malik ibn-Anas and ibn-abi-Dhi'b, there is no harm in cutting the branches of the thumdm plant and the ends of the senna plant from the Haram to be used as medicine or tooth-picks.
According to Sufyan ibn-Sa'id, abu-Hanifah, and abu- Yusuf, whatever in the Haram is grown by man or was grown by him can be cut with impunity ; whatever is grown without the agency of man, its cutter should be responsible for its value.
MAKKAH
73
" I once," said al-Wakidi," asked ath-Thauri and abu- Yusuf regarding the case of one who plants in the Haram something that is not ordinarily grown and which he tends until it grows high, would it be right for him to cut it. They answered in the affirmative. Then I asked about the case of a tree that may grow of its own accord in his garden and that does not belong to the category of trees planted by man, and they said, ' He can do with it whatever he likes.' "
Muhammad ibn-Sa'd from al-Wakidi : — The latter said, " It has been reported to us that ibn-'Umar used to eat in Makkah vegetables grown in the Haram."
Muhammad ibn-Sa'd from Mu'adh ibn-Muhammad : — The latter said, " I have seen on the table of az-Zuhri vege- tables grown in the Haram."
" No pilgrim or visitor of the Haram," said abu-Hanifah, " shall have his camel graze in the Haram, nor shall he cut grass for it." The same view is held by Zufar. But Malik, ibn-abi-Dhi'b, Sufyan, abu-Yusuf and ibn-abi-Sabrah are of the opinion that there is no harm in having the animals graze, but the man should not cut the grass for them. Ibn- abi-Laila, however, holds that there is no harm in having someone cut the grass.
'Affan and al'Abbas ibn-al-Walid an-Narsi from Laith : — 46 'Ata' found no harm in using the vegetables of the Haram as well as what is planted therein including the branches and the tooth-picks, but Mujahid disapproved of it.
The history of the Haram-mosque. The Haram-mosque at the time of the Prophet and abu-Bakr had no wall to sur- round it. When 'Umar, however, became caliph and the number of the Moslems increased, he enlarged the mosque and bought certain houses which he demolished to increase its size. Certain neighbors of the mosque refused to sell their houses and 'Umar had to demolish their houses, the
j4 THE ORIGINS OF THE ISLAMIC STATE
prices of which he deposited in the treasury of al-Ka'bah until they took them later.1 Moreover he raised around the mosque a low wall not higher than a man's stature. On this wall the lamps were put. When 'Uthman ibn-'Affan became caliph, he purchased certain dwellings and thereby enlarged the mosque. Certain people whose dwellings he seized after depositing their prices, met him near the "House" with loud protests, upon which 'Uthman addressed them as follows : " It is only my compassion on you and my leniency in dealing with you that made you venture to do this against me. 'Umar did exactly what I am doing but ye kept silent and were satisfied." He then ordered them to jail where they remained until 'Abdallah ibn-Khalicl ibn-Asid2 ibn-abi-l-'ts spoke to him on their behalf and they were released.
It is reported that 'Uthman was the first to erect the porches of the mosque, which he did on the occasion of enlarging it.
In the days of Abraham, Jurhum and the 'Amalik, the bottom of the door of the Ka'bah was level with the ground until it was built by Kuraish, at which time abu-Hudhaifah ibn-al-Mughirah said, "Raise, people, the door of the Ka'bah, so that no one may enter without a ladder. Then would no man whom ye do not want to enter be able to do so. In case some one ye hate should come, ye may throw him down, and he will fall injuring those behind." The suggestion was followed by Kuraish.
When 'Abdallah ibn-az-Zubair ibn-al-'Auwam fortified himself in the Haram-mosque, taking refuge in it against al-Husain ibn-Numair as-Sakuni who was fighting with a Syrian army, one of 'Abdallah's followers carried one day
'Azraki, p. 307.
2 or Usaid; see Azraki, p. 307.
MAKKAH 75
burning fibres of a palm-tree on the top of a lance. The wind being violent, a spark flew and attached itself to the curtains of the Ka'bah and burnt them. As a result, the walls were cracked, and turned black. This took place in the year 64. After the death of Yazid ibn-Mu'awiyah and the departure of al-Husain ibn-Numair to Syria, ibn-az- Zubair ordered that the stones that had been thrown into it 1 47 be removed, and they were removed. He then demolished the Ka'bah, and rebuilt it on its old foundation, using stones in the building. He opened two doors on the ground, one to the east, and the other to the west ; one for entrance and the other for exit. In building it he found that the founda- tion was laid on al-Hijr.2 His object was to give it the shape it had in the days of Abraham, as it had been de- scribed to him by 'A'ishah, the mother of the believers, on the authority of the Prophet. ff The doors of the Ka'bah, ibn-az-Zubair plated with gold, and its keys he made of gold. When al-Hajjaj ibn-Yusuf fought on behalf of 'Abd-al-Malik ibn-Marwan and killed ibn-az-Zubair, 'Abd- al-Malik wrote to al-Hajjaj ordering him to rebuild the Ka'bah and the Haram-mosque, the stones hurled at it hav- ing made cracks in the walls. Accordingly, al-Hajjaj pulled the Ka'bah down and rebuilt it according to the shape given it by Kuraish, removing all stones thereof. After this 'Abd-al-Malik often repeated, " I wish I had made ibn-az- Zubair do with the Ka'bah and its structure what he volun- tarily undertook to do !" *
The cover of the Ka'bah. In pre-Islamic times the cover
1 Cf. Kutb-ad-Din, p. 81.
2 The space comprised by the curved wall al-ljatim, which encom- passes the Ka'bah on the north-west side.
* Kutb-ad-Din, p. 81. *Ibid., p. 84.
76 THE ORIGINS OF THE ISLAMIC STATE
of the Ka'bah consisted of pieces of leather and mafdfir * cloth. The Prophet covered it with Yamanite cloths, 'Umar and 'Uthman clothed it in Coptic cloths, and Yazid ibn-Mu'awiyah clothed it in Khusruwani silk.2 After Yazid, ibn-az-Zubair and al-Hajjaj clothed it in silk. The Umaiyads during a certain part of their rule, clothed it in robes offered as tribute by the people of Najran. The Umaiyads used to strip s the Ka'bah of its old covers when the cloths of silk were put on. At last came al-Walid ibn- 'Abd-al-Malik who amplified the Haram-mosque and con- veyed to it columns of stone and marble, and mosaic. Ac- cording to al-Wakidi, al-Mansur added to the mosque dur- ing his caliphate and rebuilt it. This took place in the year 139.
The reconstruction of the two mosques. It has been stated by 'Ali ibn-Muhammad ibn-'Abdallah al-Mada'ini, that Ja'far ibn-Sulaiman ibn-'Ali ibn-'Abdallah ibn-al- ' Abbas was made by al-Mahdi governor over Makkah, al- Madinah and al-Yamamah. Ja'far enlarged the two mos- ques of Makkah and al-Madinah and rebuilt them.
Al-Mutawakkil— Ja'far ibn-abi-Ishak al-Mu'tasim-Billah 48 ibn-ar-Rashid Harun ibn-al-Mahdi — renewed the marble of the Ka'bah, made a belt of silver around it, plated its walls and ceiling with gold — which act was unprecedented — , and clothed its pillars with silk.4
1 A tribe in al-Yaman. See Nihayah, vol. iii, p. 109 ; and cf. Yakut, vol. iv, p. 282.
1 Cf. Azraki, p. 176; Ku^b-ad-Din, p. 68. 'Azraki, p. 180. 4 Kutb-ad-Din, p. 54.
CHAPTER VIII THE WELLS OF MAKKAH
BEFORE Kusai brought Kuraish together, and before they entered Makkah, they used for drinking purposes reservoirs, rain-water tanks on mountain tops, a well called al- Yusairah dug by Lu'ai ibn-Ghalib outside the Haram and another well called ar-Rawa dug by Murrah ibn-Ka'b and which lay just beyond 'Arafah. Later, Kilab ibn-Murrah x dug outside of Makkah three wells Khumm, Rumm and Jafr; and Kusai ibn-Kilab dug another which he called al-'Ajul and prepared a drinking place in connection with it.2
After the death of Kusai a certain man of the banu-Nasr ibn-Mu'awiyah fell into al-'Ajul well and it was no more used.
Badhdhar was a well dug by Hashim ibn-'Abd-Manaf. It lies close to Khandamah at the mouth of abu-Talib's water-course. This Hashim also dug Sajlah & which Asad ibn-Hashim gave to 'Adi ibn-Naufal ibn-'Abd-Manaf abu- 1-Mut'im. It is asserted by some, however, that he sold it to him, and by others that it was 'Abd-al-Muttalib who gave it to him when he dug Zamzam and the water became abundant in Makkah. This Sajlah was later included in 49 the Mosque.
'Abd-Shams ibn-'Abd-Manaf dug out at-Tawi which lay in the upper part of Makkah. He dug out another for his
1 Azraki, pp. 436, 439, 496 ; Hisham, p. 95.
2 A few verses composed in regard to this and other wells have been omitted from the translation.
3 Bakri, p. 766 ; Fakihi, p. 120.
77
78 THE ORIGINS OF THE ISLAMIC STATE
special use called al-Jafr. Maimun ibn-al-Hadram, an ally of the banu-'Abd- Shams ibn-'Abd-Manaf, dug his own well which was the last to be dug in Makkah during the pre- Islamic period. Near by this well, lies the tomb of al- Mansur the " Commander of the Believers." The first name of al-Hadrami was 'Abdallah ibn-'Imad.1 Besides, 'Abd-Shams dug two wells which he called Khumm and Rumm 2 after Kilab ibn-Murrah's wells. Khumm lay near the dam, and Rumm near Khadijah's house.
Banu-Asad ibn-'Abd-al-'Uzza ibn-Kusai dug a well called Shufiyah, the well of the banu-Asad.8
Umm-Ahrad was one dug by the banu-'Abd-ad-Dar ibn- Kusai.
Banu-Jumah dug as-Sunbulah well which is the same as 50 the well of Khalaf ibn-Wahb al-Jumahi.
Banu-Sahm dug the well called al-Ghamr which is the well of al-'Asi ibn-Wa'il.
Banu-'Adi dug al-Hafir.
Banu-Makhzum dug as-Sukya, the well of Hisham ibn- al-Mughirah ibn-'Abdallah ibn-'Umar ibn-Makhzum.
Banu-Taim dug ath-Thuraiya which is the well of 'Abdallah ibn-Jud'an ibn-'Amr ibn-Ka'b ibn-Sa'd ibn-Taim.
The banu-'Amir ibn-Lu'ai dug an-Nak'.
Jubair ibn-Mut'im had a well — the banu-Naufal well, which has lately been included in Dar al-Kawarir erected by Hammad al-Barbari in the caliphate of Harun ar-Rashid.4
In the pre-Islamic period, 'Akil ibn-abi-Talib had dug a well which is now included in the house of ibn-Yusuf .5
Al-Aswad ibn-abi-1-Bakhtari ibn-Hashim ibn-al-Harith ibn-Asad ibn-'Abd-al-'Uzza had at al-Aswad gate near by al-
1 Nawawi, p. 432. a Bakri, pp. 318, 437-438.
1 Azraki, p. 438. * Azraki, p. 437.
* Azraki, p. 441.
THE WELLS OF MAKKAH 79
Hannatin [embalmers'] a well that was later added into the Mosque.
'Ikrimah well was named after 'Ikrimah ibn-Khalid ibn- al-'Asi ibn-Hashim ibn-al-Mughirah ; 'Amr well, as well as 4Amr water-course, after 'Amr ibn-'Abdallah ibn-Safwan ibn-Umaiyah ibn-Khalaf al-Jumahi. At-Talub, which lay in the lower part of Makkah, was the property of 'Abdallah ibn-Safwan. Huwaitib well was named after Huwaitib ibn-'Abd-al-'Uzza ibn-abi-Kais of banu-'Amir ibn-Lu'ai, and 5 1 it lay in the court of his house at the bottom of the valley. Abu-Musa well belonged to abu-Musa-1-Ash'ari and lay at al-Ma'lat. Shaudhab well was named after Shaudhab, Mu'awiyah's freedman, and was later added to the Mosque. Some say that this Shaudhab was the freedman of Tarik ibn-'Alkamah ibn-'Uraij ibn-Jadhimah-1-Kinani, others that he was the freedman of Nafi' ibn-'Alkamah ibn-Safwan ibn-Umaiyah . . . ibn-Shikk al-Kinani, a maternal uncle of Marwan ibn-al-Hakam ibn-abi-l-'Asi ibn-Umaiyah. Bakkar well was named after a man from al-'Irak who lived in Makkah, and it lay in dhu-Tuwa; Wardan well after Wardan, a freedman of as-Sa% x ibn-abi-Wada'ah ibn- Dubairah as-Sahmi. Siraj drinking place lay in Fakh and belonged to Siraj, a freedman of the banu-Hashim. Al-Aswad well was named after al-Aswad ibn-Sufyan . . . ibn-Makhzum and lay near the well of Khalisah, a freed- maid of al-Mahdi the " Commander of the Believers." Al- Barud which lay in Fakh belonged to Mukhtarish 2 al-Ka'bi of [the tribe of] Khuza'ah.
Certain houses and gardens in Makkah. According to ibn-al-Kalbi, the owner of ibn-'Alkamah house in Makkah was Tarik ibn-'Alkamah ibn-'Uraij ibn-Jadhimah-1-Kinani.
1 Azraki, p. 442, gives al-Muttalib ; cf. Hisham, p. 462.
2 Azraki, p. 442, gives Khirash.
go THE ORIGINS OF THE ISLAMIC STATE
According to abu-'Ubaidah Ma'mar ibn-al-Muthanna, 'Abd- al-Malik ibn-Kuraib al-Asma'i and others, ibn-'Amir garden was the property of 'Umar ibn-'Ubaidallah . . . ibn-Lu'ai and was by mistake called ibn-'Amir or the banu-'Amir garden. In reality, it is ibn-Ma'mar's garden. Others say that it was so called after ibn-'Amir al-Hadrami ; still others, after ibn-'Amir ibn-Kuraiz, and all that is mere guessing.
I was told by Mus'ab ibn-'Abdallah az-Zubairi that Makkah in pre-Islamic times was called Salah.
Ibn-Siba' jail. The following was told to me by al-' Abbas ibn-Hisham al-Kalbi : — A certain Kindi inquired in writing from my father about the one after whom ibn-Siba' jail of al-Madinah was named, about the story of Dar an- Nadwah, Dar al-'Ajalah, and Dar al-Kawarir in Makkah. My father wrote back the following answer : "As for ibn- Siba* jail, it was a house for 'Abdallah ibn-Siba/ ibn-'Abd- al-'Uzza ibn-Nadlah ibn-'Amr ibn-Ghubshan al-Khuza'i. Siba/ was surnamed abu-Niyar and his mother was a midwife in Makkah. In the battle of Uhud, he was challenged by Hamzah ibn-'Abd-al-Muttalib who cried, ' Come, thou son of the female circumciser ! ' 1 and killed him. As Hamzah stooped on his victim to take his armor, he was thrust with a spear by Wahshi. The mother of the poet Turaih ibn- Isma'il ath-Thakafi was the daughter of 'Abdallah ibn-Siba', an ally of the banu-Zuhrah.
Par an-Nadwah. As f or an-Nadwah [council-chamber], it was built by Kusai ibn-Kilab, and people used to meet in it and have the cases decided.2 Later, Kuraisji used to assemble in it to consult about war and general affairs, to assign the standard-bearers and to contract marriages. This was the first house established in Makkah by Kuraish.
1 " An expression of contumely used by the Arabs whether the mother is really a female circumciser or not." (Taj al-'Arus.)
J Azraki, pp. 65, 66; Diyarbakri, vol. i, p. 175; Tabari, vol, i, p. 1098; Istakhri, p. 16.
THE WELLS OF MAKKAH 8l
Par al-Ajalah. Then comes Dar al-'Ajalah which belonged to Sa'id ibn-Sa'd ibn-Sahm. The banu-Sahm claim that it was built before an-Nadwah; but this is a false claim. An-Nadwah remained in the hands of the banu-'Abd-ad-Dar ibn-Kusai until it was sold by 'Ikrimah ibn-Hashim ibn- 'Abd-Manaf ibn-'Abd-ad-Dar ibn-Kusai to Mu'awiyah ibn- abi-Sufyan, and the latter converted it into a governor's house.
Par al-Kawdrir. Dar al-Kawarir belonged to 'Utbah ibn- Rabi'ah ibn-'Abd-Shams ibn-'Abd-Manaf, then to al-' Ab- bas ibn-'Utbah ibn-'Abd-Shams ibn-'Abd-al-Muttalib, and later to Ja'far's mother, Zubaidah, daughter of abu-1-Fadl ibn-al-Mansur the " Commander of the Believers." Be- cause earthen jars were partly used in making its pavement and walls, the hall was called al-Kawarir [the jar build- ing]. It was built by Hammad al-Barbari in the caliphate 53 of ar-Rashid.
Ku'aiki'dn and Ajydd. It was related by Hisham ibn- Muhammad al-Kalbi that 'Amr ibn-Mudad al-Jurhumi fought with another Jurhum man named as-Sumaida'. 'Amr appeared carrying arms that were rattling. Hence Ku'aiki'an [rattling] the name of the place from which he appeared. As-Sumaida' appeared with bells covering his horses' necks. Hence Ajyad [necks] the name of the place whence he appeared. According to ibn-al-Kalbi, it was said that he appeared with horses that were marked, hence the name Ajyad [steeds]. The common people of Makkah, however, call it " Jiyad as-Saghir " and " Jiyad al-Kabir."
Al-Walid ibn-Salih from Kathir ibn-'Abdallah's grand- father, who said : — "We accompanied 'Umar ibn-al-Khattab on his visit in the year 17, and on the way were met by the owners of the wells, who asked 'Umar for permission to buiW dwelling places between Makkah and al-Madinah where, up to that time, no houses stood. 'Umar granted them per- mission, but imposed the condition that the wayfarer should have the first claim on the water and shade."
CHAPTER IX THE FLOODS IN MAKKAH
Umm-Nahshal Hood. Al-'Abbas ibn-Hisham from ibn- Kharrabudh al-Makki and others : — Makkah was visited by four floods. One was umm-Nahshal flood which took place in the days of 'Umar ibn-al-Khattab.1 This flood rose so high that it penetrated into the Mpsque from the highest part of Makkah. 'Umar therefore made two dams, the higher of which extended between the house of Babbah (so called by its occupants, the house being that of 'Abdallah ibn-al-Harith ibn-'Abd-al-Muttalib ibn-'Abd-Manaf who ruled al-Basrah at the time of the insurrection of ibn-az- Zubair) and the house of Aban ibn-'Uthman ibn-'Affan. The lower dam lay at al-Hammarin ; and it is the one known as Al-Asid dam. Thus was the flood kept back from the Haram mosque. According to the same tradition umm- Nahshal, the daughter of 'Ubaidah 2 ibn-Sa'id ibn-al-'Asi ibn-Umaiyah, was carried away by the flood from the higher 54 part of Makkah and therefore was the flood named after her.
Al-Juhdf w-al-Jurdf. Another flood was that of al- Juhaf w-al-Juraf which took place in the year 80 in the time of 'Abd-al-Malik ibn-Marwan. It overtook the pilgrims on a Monday morning and carried them away together with their baggage, and surrounded the Ka'bah. About this the poet said:
1 Azraki, pp. 394-398. 1 Azraki, pp. 394-395 : " 'Ubaid ". 82
THE FLOODS IN MAKKAH 83
" Ghassan never saw a day like Monday,
when so many were saddened and so many eyes wept;
and when the flood carried away the people of al-Misrain *• and made the secluded women run astray climbing the mountains." 2
On this occasion, 'Abd-al-Malik wrote to his 'dmil in Makkah, 'Abdallah ibn-Sufyan al-Makhzumi — others say that the poet al-Harith ibn-Khalid al-Makhzumi was his fdmil — ordering him to build walls without clay around the houses that bordered on the valley, and around the Mosque, and to erect dams at the openings of the roads, so that the houses should be secure. To this effect, he sent a Christian who made the walls and set up the dam known as the banu- Kurad's or banu-Jumah's. Other dams were constructed in lower Makkah. A poet says :
" One drop of tears I shall keep, the other I shall pour forth, if I pass the dam of the banu-Kurad."
Al-Mukhabbil. Another flood was the one called al- Mukhabbil. When it came, many were afflicted with a disease in their body and palsy in their tongues. Hence the name al-Mukhabbil [rendering some limb crippled].
Abu-Shdkir. Still another flood came later in the cali- phate of Hisham ibn-'Abd-al-Malik in the year 120. It is known as abu-Shakir flood after Maslamah ibn-Hisham, who in that year had charge of the fair [of the pilgrims].
Wddi-Makkah. The flood of Wadi-Makkah comes from a place known as Sidrat 'Attab ibn-Asid ibn-abi-1-ls.
The -flood in the caliphate of ar-Rashid. It was reported by 'Abbas ibn-Hisham that a great flood took place in the caliphate of al-Ma'mum 'Abdallah ibn-ar-Rashid ; and its water rose almost as high as the " stone." 8
1 Al-Basrah and al-Kufah.
2 Cf. Azraki, p. 396.
8 The " black stone " of al-Ka'bah ; Azraki, p. 397.
84 THE ORIGINS OF THE ISLAMIC STATE
The limits of al-Haram. Al-' Abbas from 'Ikrimah: — A part of the limits set to al-Haram having been obliterated in the days of Mu'awiyah ibn-abi-Sufyan, he wrote to Marwan ibn-al-Hakam, his 'dmil in al-Madinah, ordering him to ask Kurz ibn-'Alkamah-l-Khuza/i, if he were still alive, to es- tablish the limits of al-Haram, since he was familiar with them. Kurz was still alive; and he established the limits which are today the marks of al-Haram. According to al- Kalbi, this was Kurz ibn-'Alkamah ibn-Hilal ibn-Juraibah ibn-'Abd-Nuhm ibn-Hulail ibn-Hubshiyah-1-Khuza'i, the one who followed the steps of the Prophet to the cave in which the Prophet, accompanied by abu-Bakr as-Siddik, had dis- appeared, when he wanted to take the Hegira to al- Madinah. Kurz saw on the cave a spider web, and below it, the Prophet's foot-print which he recognized saying, " This is the Prophet's foot, but here the track is lost."
CHAPTER X AT-TA'IF
The Prophet lays siege to at-Td'if. When the Hawazin were defeated in the battle of Hunain, and Duraid ibn-as-Simmah was slain, the surviving remnant came to Awtas. The Pro- phet sent them abu-'Amir al-Ash'ari who was put to death. Then abu-Musa 'Abdallah ibn-Kais al-Ash'ari took the com- mand and the Moslems advanced on Awtas. Seeing that, the chief of the Hawazin at that time, Malik ibn-'Auf ibn- Sa'd of banu-Duhman ibn-Nasr ibn-Mu'awiyah ibn-Bakr ibn- Hawazin, fled to at-Ta'if, 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 at-Ta'if. Thakif 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 Thakif threw hot iron bars and burnt it, killing the Moslems underneath. The siege of at-Ta'if by the Prophet lasted for fifteen days,2 the invasion having begun in Shauwal, in the year 8.
Certain slaves surrender. Certain slaves from at-Ta'if presented themselves before the Prophet. Among them were abu-Bakrah ibn-Masruh, — [later] the Prophet's freed-
1 Ar. dabbabah — 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 Zaidan, Ta'rikh at-Tamaddun al-Islami, vol. i, p. 143.
a Cf. Hisham, p. 872.
85
86 THE ORIGINS OF THE ISLAMIC STATE
man, and whose [first] name was Nufai' — , and al-Azrak — after whom the Azarikah were named, who was a Greek blacksmith and slave, and whose [full] name was abu-Nafi* ibn-al-Azrak al-Khariji. For doing so, these slaves were set free.1 It is claimed by others, however, that Nan' ibn- Azrak al-Khariji was of the banu-Hanifah and that the al- Azrak who came from at-Ta'if was another man.
The terms of capitulation. Then the Prophet left for al- Ji'ranah to divide the captives and the booty of Hunain.2 Thakif, 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.8 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 at-Ta'if was Wajj. When it was for- tified and surrounded by a wall it was called at-Ta'if.
The Jews in at-Tffif. Al-Mada'ini from certain sheikhs from at-Ta'if : — In the district of at-Ta'if 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 Mu'awiyah bought his possessions in at-Ta'if.
The land of at-Td'if is included in the district of Makkah. Al-' Abbas ibn-'Abd-al-Muttalib had a piece of land in at-Ta'if from which grapes were taken and made into the beverage used for the Pilgrims. The men of Kuraish had possessions in at-Ta'if to which they came from
1 Cf. Hisham, p. 874.
2Tabari, vol. i, p. 1670; abu-1-Fida, al-Mukhtasar, vol. i, p. 147 (Cairo, 1325).
* Ar. ar-rikas, treasures buried in pre-Islamic days ; Bukhari, vol. i, p. 381 ; Mawardi, p. 207.
AT-TA'IF 87
Makkah to repair. The conquest of Makkah and the con- version of its people to Islam made Thakif covet and lay hold on these possessions, but with the conquest of at-Ta'if, they were again put in the hands of the Makkans, and in fact all the land of at-Ta'if became one of the districts of Makkah.
Abu-Sufyan loses his eye. It was in the battle of at- Ta'if that abu-Sufyan ibn-Harb lost his eye.1
The zakat from Thakif on grapes and dates. Al-Walid ibn-Salih from 'Attab ibn-Asid : — The Prophet ordered that the vine-trees of Thakif be estimated as in the case of dates and that the zakat [legal alms] be taken in the form of raisins, as in the case of dates.
According to al-Wakidi, abu-Hanifah says : " The vine- trees are not estimated, but when the produce, whether large 57 or small, is gathered the zakat is taken."
According to Ya'kub : " If the produce is gathered and the weight of it is five wasks [loads] then its zakat is one- tenth or half of one-tenth." The same view is held by Sufyan ibn-Sa'id ath-Thauri. The wask is equal to 60 sdfs*
Malik ibn-Anas and ibn-abi-Dhi'b state that according to the commended practice [Ar. sunnah] the zakat on grape is taken by estimation as in the case of dates.8
The zakat on honey. Shaiban ibn-abi-Shaibah from *Amr ibn-Shu'aib : — A 'dmil of 'Umar ibn-al-Khattab in at- Ta'if wrote to 'Umar, " Those who own honey fail to con- tribute to us what they used to contribute to the Prophet, i. e., one vase out of each ten." 'Umar wrote back to him, " If they would contribute, thou shouldst protect their val- leys, otherwise do not."
1 Diyarbakri, vol. ii, p. 124. * Yahya ibn-Adam, Kitdb al-Kharaj, p. 100.
8 Malik ibn-Anas, al-Muwatta, pp. 116-117; and cf. Shafi'i, Kitdb al- Umm, vol. ii2, p. 27.
gg THE ORIGINS OF THE ISLAMIC STATE
'Amr ibn-Muhammad an-Nakid from 'Abd-ar-Rahman ibn-Ishak's grandfather: — 'Umar assessed one-tenth in the case of honey.
Da'ud ibn-'Abd-al-Hamid the kadi of ar-Rakkah from Khasif : — 'Umar ibn-'Abd-al-'Aziz wrote to his fdmils in Makkah and at-Ta'if, " There is sadakah on the bee-hives. Therefore, take it thereof." According to al-Wakidi, it has been reported that ibn-'Umar said, " There is no sadakah on hives." According to Malik and ath-Thauri, no zakat is taken on honey though it may be in great quantities.1 The same is the view of ash-Shafi'i.2 According to abu-Hanifah, 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 khardj- land, nothing is to be taken, because both zakat and khardj cannot be taken from one and the same man.
Al-Wakidi states that he was told by al-Kasim ibn-Ma'n and Ya'kub that abu-Hanifah said : " If honey is raised in the land of a dhimmi there is no tithe on it, but there is khardj on the land. And if it is produced in the land of a Taghlabi 3 one-fifth is taken thereof." The same view is held by Zufar. According to abu-Yusuf,4 if the honey is produced in the &/iara/-land, it is exempt of everything; but if in the tithe land, one ratl 6 is taken out of ten.
According to Muhammad ibn-al-Hasan, no sadakah what- 58 ever is taken on what is less than five faraks* The same view is held by ibn-abi-Dhi'b.
1 Muwatta, p. 121.
2 Unun, vol. ii2, p. 33.
8 Banu-Taghlib were Christian Arabs on whom 'Umar-ibn al-Khattab doubled the tax. See abu-Yftsuf, Kitdb al-Kharaj, p. 68. 4 Yusuf, p. 40. 6 A rail is about 5 pounds. • A farak is 16 rails. Nihdyah, vol. iii, p. 196.
AT- T A' IF 89
It was reported by Khalid ibn-'Abdallah at-Tahhan that ibn-abi-Laila said, " Whether it is produced in the tithe- or khardj-land, one rail is due on every ten. The same view is held by al-Hasan ibn-Salih ibn-Hai.
A tradition reported to me by abu-'Ubaid on the authority of az-Zuhri states that the latter held that one vase [Ar. sikk] * is due on every ten.
The tithe on fruits and grains. Yahya ibn-Adam from Bishr ibn-'Asim and 'Uthman ibn-'Abdallah ibn-Aus: — • Sufyan ibn-'Abdallah ath-Thakafi wrote to 'Umar ibn-al- Khattab, whose 'amil 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-
1 A receptacle of skin for holding wine and the like.
2 Yahya ibn-'Adam, Kitab al-Kharaj, pp. 109-110.
90 THE ORIGINS OF THE ISLAMIC STATE
abi-'Abd-ar-Rahman. According to az-Zuhri all spices and pulse * is subject to zakat. Malik holds that no sadakah is due on pears, plums, pomegranates or the rest of the fresh fruits. The same view is held by ibn-abi-Laila. Accord- ing to abu-Yusuf, there is no sadakah except on what can 59 be measured by al-kafiz.2 Abu-az-Zinad ibn-abi-Dhi'b and ibn-abi-Sabrah hold that no sadakah is taken on vegetables and fruits, but there is sadakah on their prices the moment they are sold.
A tradition was communicated to me by 'Abbas ibn- Hisham on the authority of his grandfather to the effect that the Prophet assigned 'Uthman ibn-abi-l-'Asi ath-Thakafi as his 'dmil in at-Ta'if.
1 Seed of a leguminous plant that is cooked.
2 Adam, p. 101.
CHAPTER XI TABALAH AND JURASH
BAKR ibn-al-Haitham from az-Zuhri: — The people of Tabalah and Jurash x accepted Islam without resistance.2 The Prophet left them on the terms agreed upon when they became Moslems, imposing on every adult of the " People of the book " a among them one dinar, and making it a condition on them to provide the Moslem wayfarers with board and lodging. Abu-Sufyan ibn-Harb was assigned by the Prophet as the governor of Jurash.
1 Cities in al-Yaman; Bakri, pp. 191 and 238; Hamdani, Jazirat al- *Arab, p. 127, line 19; Yakut, vol. i, p. 817 and vol. ii, p. 60.
2 Tabari, vol. i, p. 1730. * Jews and -Christians.
91
CHAPTER XII TABUK, AILAH, ADHRUH, MAKNA AND AL-JARBA'
Tabuk makes terms. When in the year 9 the Prophet marched to Tabuk in Syria for the invasion of those of the Greeks, 'Amilah, Lakhm, Judham and others whom he learnt had assembled against him, he met no resistance.1 So he spent a few days in Tabuk, whose inhabitants made terms with him agreeing to pay poll-tax.
Ailah makes terms. During his stay at Tabuk, there came to him Yuhanna ibn-Ru'bah, the chief of Ailah, and made terms, agreeing to pay on every adult in his land one dinar per annum making it 300 dinars in all. The Prophet made it a condition on them that they provide with board and lodg- ing whomsoever of the Moslems may pass by them. To this effect he wrote them a statement 2 that they may be kept safe and protected.
Muhammad ibn-Sa'd from Talhah-1-Aili : — 'Umar ibn- 'Abd-al-'Aziz never raised the tax of the people of Ailah above 300 dinars?
Adhruh makes terms. The Prophet made terms with the people of Adhruh 4 stipulating that they pay 100 dinars in Rajab of every year.
Al-Jarba' makes terms. The people of al-Jarba' 5 made
1 Ibn-Sa'd, vol. ii1, p. 118; Hisham, p. 893; Tabari, vol. i, p. 1692. 8 Hisham, p. 902.
* Wellhausen, Das Arabische Reich, p. 173. 4 Yakut, vol. i, p. 174; Istakhri, p. 58; Mukaddasi, p. 54. 6 Yakut, vol. ii, p. 46. 92
TABOK, AILAH, ADHRUtf, MAKNA AND AL-JARBA' 93
terms and agreed to pay poll-tax. To this effect the Prophet wrote them a statement.
Makna makes terms. The people of Makna made terms 60 with the Prophet, agreeing to offer one-fourth of what they fish and spin, one-fourth of their horses and coats of mail, and one-fourth of their fruits. The inhabitants of Makna were Jews.1 An Egyptian told me that he saw with his own eye the statement that the Prophet wrote them on a red parchment, the writing on which was partly effaced, and which he copied and dictated to me as follows :
" In the name of Allah, the compassionate, the merciful. From Muhammad, the Messenger of Allah, to the banu- Habibah and the inhabitants of Makna : peace be with you. It has been revealed unto me from above that ye are to return to your village. From the time this my letter reaches you, ye shall be safe ; and ye have the assurance of security from Allah and from his Messenger. Verily, the Messen- ger of Allah has forgiven you your sins and all blood for which ye have been pursued. In your village, ye shall have no partner but the Messenger of Allah or the Messenger's messenger. There shall be no oppression on you nor hostility against you. Against whatever the Prophet of Allah protects himself, he will protect you. Only to the Prophet of Allah shall belong your cloth-stuff, slaves, horses 2 and coats of mail, save what the Prophet or the Prophet's messenger shall exempt. Besides that, ye shall give one-fourth of what 'your palm-trees produce, one-fourth of the product of your nets, and one-fourth of what is spun by your women; but all else shall be your own ; and God's Prophet has exempted you from all further poll-tax or forced labor. Now, if ye
1 Wakidi, tr. Wellhausen, p. 405.
2 Ar. kura', see Nihdyah, vol. iv, p. 16 ; and Mutarrizi, vol. ii, p. 148 ; Margoliouth translates " camp-followers " in Zaidan's Umayyads and Abbasids, p. 121.
94 THE ORIGINS OF THE ISLAMIC STATE
hear and obey, it will be for the Prophet to do honor to the honorable among you and pardon those among you who do the wrong. Whosoever of the banu-Habibah and the in- habitants of Makna bethinks himself to do well to the Moslems, it shall be well for him; and whosoever means mischief to them, mischief shall befall him. Ye are to have no ruler save of your number of the family of the Prophet. Written by 'Ali-ibn-abu-Talib J in the year 9."
1 Sic! Being genitive, it should be "abi". See note in De Goeje's edition, p. 60.
CHAPTER XIII
DUMAT AL-jANDAL
Khdlid ibn-al-Walid captures Ukaidir. The Prophet 61 sent Khalid ibn-al-Walid ibn-al-Mughirah-1-Makhzumi to Ukaidir ibn-'Abd-al-Malik al-Kindi, later as-Sakuni, at Dumat al-Jandal.1 Khalid took him captive, killed his brother, robbed him of a silk cloak 2 interwoven with gold, and brought Ukaidir before the Prophet. Ukaidir accepted Islam,3 upon which the Prophet wrote for him and the people of Dumat the following statement : —
" This is a statement from Muhammad, the Prophet of Allah, to Ukaidir as he accepted Islam and forsook the objects of worship and idols, and to the people of Dumat : — To us shall belong the water-places outside the city, the un- tilled lands, the deserts and waste lands, as well as the de- fensive and offensive weapons, the horses, and the fortress ; and to you shall belong the palm-trees within the city, and the running water. Your cattle which are pasturing shall not, for the purpose of taking the sadakah, be brought to- gether [but shall be numbered on the pasture-land], and what is above the fixed number of animals from which a sadakah is required shall not be taken into consideration.4 Your herds shall graze wherever ye want, and ye shall ob-
1 Yakut, vol. ii, p. 625. * Tabari, vol. i, pp. 1702-1703. 8 Diyarbakri, vol. ii, p. 142; Athir, vol. ii, p. 214. 4 Cf. Sprenger, Das Leben und die Lehre des Mohammad, vol. iii, p. 419-
95
96 THE ORIGINS OF THE ISLAMIC STATE
serve prayer in its time, and pay the zakat as it is due. To this effect, I give you the covenant of Allah and his promise, and ye are entitled to our sincerity as regards the fulfillment of the terms. Witnessed by Allah and those of the Moslems who are present."
Ukaidir violates the covenant. Al-' Abbas ibn-Hisham 62 al-Kalbi from his grandfather: — The Prophet sent Khalid ibn-al-Walid to Ukaidir. Ukaidir was brought by Khalid before the Prophet; he became a Moslem, and the Prophet wrote him a statement. But no sooner had the Prophet been dead, than Ukaidir stopped the payment of the sadakah, violated the covenant and left Dumat al-Jandal for al-Hirah, where he erected a building and called it Dumat after Dumat al-Jandal. His brother, however, Huraith * ibn- 'Abd-al-Malik embraced Islam and thereby entered into pos- session of the property held by his brother.2
Huraith's daughter marries. Yazid ibn-Mu'awiyah married the daughter of Huraith, Ukaidir 's brother.
Abu-Bakr sends Khalid against Ukaidir. Al-' Abbas from 'Awanah ibn-al-Hakam : — Abu-Bakr wrote to Khalid ibn-al- Walid, when the latter was at 'Am at-Tamr, ordering him to go against Ukaidir, which he did, killing Ukaidir and capturing Dumat. After the death of the Prophet, Ukaidir left Dumat and then returned to it. Having killed him, Khalid went to Syria.
Laila daughter of al-Judi a captive. According to al- Wakidi, on Khalid's way from al-'Irak to Syria, he passed through Dumat al-Jandal, which he captured, carrying away many captives, among whom were Laila, the daughter of al-Judi-1-Ghassani. Others say Laila was carried away by Khalid's horsemen from a Ghassan settlement stationed by 63
1 Ibn-1-Jajar, vol. i, p. 773, by mistake gives "IJuraib". * One verse omitted.
DOM AT AL-JANDAL gy
a watering-place [hddir]. It was this daughter of al-Judi whom 'Abd-ar-Rahman ibn-abi-Bakr as-Siddik had fallen in love with, and the one whom he meant when he said :
" I thought of Laila with as-Samawah * intervening between ; and what has the daughter of al-Judi to do with me?"
Thus did he win her hand and marry her. But such a hold had she on him that he gave up all his other wives. At last, however, she was affected with such a severe disease that her looks were changed and he no more liked her. He was advised to give her what is usually given at divorce2 and send her to her own people, which he did.
Al-Wakidi's version of the conquest. According to al- Wakidi, the Prophet led the invasion against Dumat al- Jandal in the year 5 and met no resistance. In Shauwal, year 9, he sent Khalid ibn-al-Walid to Ukaidir, twenty months after the former had embraced Islam.
The reconstruction of Dumat al-Jandal. I heard it said by someone from al-Hirah that Ukaidir and his brothers used to go to Dumat al-Hirah and visit their uncles of the Kalb tribe and spend some time with them. One day as they were together on a hunting trip, there arose before their view a city in ruins with only few walls standing. The city was built of stones [ Ar. jandal] . This city they rebuilt, planted in it olive- and other trees, and called it Dumat al-Jandal in distinction from Dumat al-Hirah.3
Az-Zuhri's version of the conquest. *Amr ibn-Muham- mad an-Nakid from az-Zuhri : — The Prophet sent Khalid ibn-al-Walid ibn-al-Mughirah to the people of Dumat al- Jandal who were some of the Christians of al-Kufah. Khalid captured Ukaidir, their chief, and arranged to re- ceive poll-tax from him.
1 A desert from Dumat to 'Ain at-Tamr ; Istakhri, p. 23.
1 Ar. mut'ah. Muwatta, p. 208. * Caetani, vol. ii, p. 263.
CHAPTER XIV THE CAPITULATION OF NAJRAN
The terms agreed upon. Bakr ibn-al-Haitham from az- 64 Zuhri : — There came to the Prophet the military chief and the civil chief,1 delegated by the people of Najran in al- Yaman, and asked for terms which they made on behalf of the people of Najran, agreeing to offer two thousand robes — one thousand in Safar and one thousand in Rajab — each one of which should have the value of one ounce [aukiyah], the ounce weighing 40 dirhams. In case the price of the robe delivered should be more than one ounce, the surplus would be taken into consideration; and if it were less, the de- ficiency should be made up. And whatever weapons, horses, camels or goods they offered, should be accepted instead of the robes, if they are the same value. Another condition was made that they provide board and lodging for the Pro- phet's messengers for a month or less, and not detain them for more than a month. Still another condition was that in case of war in al-Yaman, they are bound to offer as loan thirty coats of mail, thirty mares and thirty camels, and whatever of these animals perish, the messengers [of the Prophet] guarantee to make up for them. To this effect, the Prophet gave them Allah's covenant and his promise. An- other condition was that they be not allured to change their religion or the rank they hold in it, nor should they be called upon for military service or made to pay the tithe.2 The
1 Hisham, p. 401. 2 £f. Yusuf, pp. 40-41.
98
THE CAPITULATION OF NAJRAN 99
Prophet made it a condition on them that they neither take nor give usury.
The two monks of Najrdn and the Prophet. Al-Husain ibn-al-Aswad from al-Hasan : — There came to the Prophet two monks from Najran.1 The Prophet proposed Islam to them, and they replied, "We embraced Islam before thou didst." To this the Prophet replied, " Ye have told a lie. Three things keep you from Islam : pork eating, cross-wor- ship and the claim that Allah has a son." " Well then," said they, " who is Isa's father?" Al-Hasan adds that the Pro- phet was never too quick but always waited for Allah's com- mand. Hence the text revealed by his Lord : 2 " These signs and this wise warning do we rehearse to thee. Verily, Jesus is as Adam in the sight of Allah. He created him of dust : He then said to him, ' Be ' — and he was," etc. to " on those who lie."
This the Prophet repeated to them and then asked them to join with him in imprecating the curse of Allah upon whichever of them was wrong,9 taking hold of the hands of Fatimah, al-Hasan and al-Husain. At this, one of the two monks said to the other, " Climb the mountain and do not join with him in imprecating the curse, for if thou shouldst, thou wouldst return with the curse on thee." " What shall we do then?" asked the other. " I believe," said the former, " we had better give him the khardj rather than join with him in imprecating the curse." 4
A statement of the treaty. Al-Husain from Yahya ibn- Adam who said : — " I copied the statement of the Prophet 65 to the people of Najran from that of a man who took it from al-Hasan ibn-Salih. These are the words :
1 Yakut, vol. iv, pp. 751-757-
»Kor., 3:51. »Cf. Kor., 3:54-
*mubahalah. Bukhari, vol. iii, pp. 167-168; abu-1-Faraj, Aghani, vol. x, p. 144.
I00 THE ORIGINS OF THE ISLAMIC STATE
' In the name of Allah, the compassionate, the merciful. The following is what the Messenger of Allah, Muhammad, wrote to Najran, at whose disposal * were all their fruits, their gold, silver and domestic utensils, and their slaves, but which he benevolently left for them, assessing on them two thousand robes each having the value of one aukiyah, one thousand to be delivered in Rajab of every year, and one thousand in Safar of every year. Each robe shall be one aukiyah; and whatever robes cost more or less than one aukiyah, their overcost or deficiency shall be taken into con- sideration; and whatever coats of mail, horses, camels or goods they substitute for the robes shall be taken into con- sideration. It is binding on Najran to provide board and lodging for my messengers 2 for one month or less, and never to detain them for more than a month. It is also binding on them to offer as loan thirty coats of mail, thirty mares and thirty camels, in case of war in al-Yaman due to their rebelling. Whatever perishes of the horses or camels, lent to my messengers, is guaranteed by my messengers and is returned by them. Najran and their followers a are en- titled to the protection of Allah and to the security of Muhammad the Prophet, the Messenger of Allah, which se- curity shall involve their persons, religion, lands and posses- sions, including those of them who are absent as well as those who are present, their camels, messengers and images.4 The state they previously held shall not be changed, nor shall any of their religious services or images be changed. No attempt shall be made to turn a bishop from his office as a bishop, a monk from his office as a monk, nor the sexton
1 The text here is probably corrupt ; cf. Wellhausen, Skizzen und Vorarbeiten, vol. iv, pp. 25 and 132; Yusuf, p. 41. 8 Sent to bring the kharaj.
"Ar. hdshiyah = Jews. Sprenger, vol. Hi, p. 502. 4 amthilah — crosses and pictures used in churches.
THE CAPITULATION OF NAJRAN IOi
of a church from his office, whether what is under the con- trol of each is great or little. They shall not be held re- sponsible for any wrong deed or blood shed in pre-Islamic time. They shall neither be called to military service nor compelled to pay the tithe. No army shall tread on their land. If some one demands of them some right, then the case is decided with equity without giving the people of Najran the advantage over the other party, or giving the other party the advantage over them. But whosoever of them has up till now 1 received usury, I am clear of the responsibility of his protection.2 None of them, however, shall be held responsible for the guilt of the other. And as a guarantee to what is recorded in this document, they are entitled to the right of protection from Allah, and to the security of Muhammad the Prophet, until Allah's order is issued, and so long as they give the right counsel [to Mos- lems] and render whatever dues are bound on them, pro- vided they are not asked to do anything unjust. Witnessed by abu-Sufyan ibn-Harb, Ghailan ibn-'Amr, Malik ibn-'Auf 66 of banu-Nasr, al-Akra' ibn-Habis al-Hanzali and al-Mug- hirah. Written by— '" s
Yaha ibn-Adam adds, " I have seen in the hands of the people of Najran another statement whose reading is similar to that of this copy, but at the close of it the following words occur : Written by *Ali ibn-abu-Talib.' 4 Concern- ing this I am at a loss to know what to say."
'Umar expels them. When abu-Bakr as-Siddik became caliph he enforced the terms agreed upon and issued an- other statement similar to that given by the Prophet. When
1 Ya'kubi, vol. ii, p. 62, has " after this year ".
8 Caetani, vol. ii, p. 352 ; Sprenger, vol. iii, p. 502 ; Athir, vol. ii, p. 223. 8'Abdallah ibn-abi-Bakr ; abu-Yusuf, p. 4; see H. Lammens' com- ment on this protocol, Melanges de la Faculte Orientale, vol. v2, p. 346. 4 And not " abi " as required by the rules of the Arabic grammar.
102 THE ORIGINS OF THE ISLAMIC STATE
'Umar ibn-al-Khattab became caliph, they began to practise usury, and became so numerous as to be considered by him a menace to Islam. He therefore expelled them and wrote to them the following statement :
" Greetings ! Whomever of the people of Syria and al- 'Irak they happen to come across, let him clear for them tillable land; and whatever land they work, becomes theirs in place of their land in al-Yaman." Thus the people of Najran were dispersed, some settling in Syria and others in an-Najraniyah in the district of al-Kufah, after whom it was so named. The Jews of Najran were included with the Christians in the terms and went with them as their followers.
The Najranites under 'Uthman. When 'Uthman ibn- 'Affan became caliph, he wrote to his 'ami/ in al-Kufah, al- Walid ibn-'Ukbah ibn-abi-Mu'ait, as follows :
" Greetings ! The civil ruler, the bishop and the nobles of Najran have presented to me the written statement of the Prophet and showed me the recommendation * of 'Umar. Having made inquiry regarding their case from 'Uthman ibn-Hunaif, I learned that he had investigated their state and found it injurious to the great landlords 2 whom they prevented from possessing their land. I have, there- fore, reduced their taxation by 200 robes — for the sake of Allah and in place of their old lands. I recommend them to thee as they are included among the people entitled to «>ur protection."
Another source for 'Umar's statement. I heard it said by one of the learned that 'Umar wrote them the following statement : — " Greetings ! Whomsoever of the people of Syria or al-'Irak they pass by, let him clear for them tillable land ". Another I heard say, " waste land ".
1 Lammens, MFO, vol. v2, p. 677. *dihkans; Adam, pp. 42-43.
THE CAPITULATION OF NAJRAN
One reason for their expulsion. 'Abd-al-A'la ibn-Ham- mad an-Narsi from 'Umar ibn-'Abd-al-'Aziz : — The Pro- phet said during his illness, " There shall not remain two religions in the land of Arabia." Consequently, when 'Umar ibn-al-Khattab became caliph, he expelled the people of Najran to an-Najraniyah and bought their properties and 67 possessions.
Al-'Abbas ibn-Hisham al-Kalbi from his grandfather : — The Najran of al-Yaman received their name from Najran ibn-Zaid ibn-Saba ibn-Yashjub ibn-Ya'rub ibn-Kahtan.
'Umar and 'Ali refuse to reinstate them in the land. Al- Husain ibn-al-Aswad from Salim ibn-abi-1-Ja'd : — The peo- ple of Najran having increased in number to 40,000, became jealous of one another and came to 'Umar ibn-al-Khattab saying, " Transplant us from the land ". 'Umar had con- sidered them a menace to the Moslems, so he took this op- portunity and expelled them from the land. Later, how- ever, they repented, and returning to 'Umar said, " Rein- state us in the land ", but 'Umar refused. When 'Ali ibn- abi-Talib became caliph, they came to him and said, " We plead with thee by thy right-hand writing and thy inter- mediacy on our behalf with thy Prophet that thou mayst reinstate us in the land." To this 'Ali replied : " 'Umar was a man of sound judgment, and I hate to act differently."
The number of robes received by Mu'awiyah. Abu- Mas'ud al-Kufi from al-Kalbi : — The chief of an-Naj rani- yah at al-Kufah used to send his messengers to all the people of Najran who were in Syria and other districts and to gather money assessed evenly on them for raising the required robes. When Mu'awiyah (or Yazid ibn-Mu'awiyah) came to power, they complained to him because of their dispersion, the death of some of them, and the conversion to Islam of
1 Adam, p. 9.
I04 THE ORIGINS OF THE ISLAMIC STATE
others. They also presented the statement issued by 'Uthman ibn-'Affan for the reduction of the number of robes. To this they added, "And now we have still more decreased, and become weaker." He then reduced the num- ber by another 200 robes, thus reducing the original number by four hundred.
Al-Hajjaj restores the number. When al-Hajjaj ibn- Yusuf was made governor of al-'Irak and ibn-al-Ash'ath revolted against him, the former charged the non-Arab landlords and the people of Najran with siding with the latter, and, therefore, he raised the number to 1,800 robes, and ordered that the robes be of the kind adorned with figures.
fUmar ibn- Abd-al-c Aziz reduces the number. When 'Umar ibn-'Abd-al-'Aziz came to power, they complained to him that they were in danger of extinction, that they were decreasing in number, that the continuous raids of the Arabs overburdened them with heavy taxes for revictualling them, and that they suffered from the unjust treatment of al- Hajjaj. By 'Umar's orders their census was taken, and it was found that they were reduced to one-tenth of their original number, upon which 'Umar said, " I consider that the terms of this capitulation impose a tax on their heads and not on their lands. The poll-tax of the dead and the Moslems, however, is annulled." He therefore held them responsible for 200 robes of the value of 8,000 dirhams.
Yusuf ibn- U mar restores the original tax. In the time of al-Walid ibn-Yazid, when Yusuf ibn-'Umar was made 68 governor of al-'Irak, he [Yusuf], moved with partisanship to al-Hajjaj, charged them the original tax.
Abu-l- Abbas reduces the number of robes. When abu- 1-' Abbas was proclaimed caliph, they met him on the way as he appeared in al-Kufah and strewed myrtle branches on the road and threw some on him as he was going home from
THE CAPITULATION OF NAJRAN IO5
the mosque. With this the caliph was greatly pleased. Later they brought their case before him and told him of their paucity in number and of their treatment by 'Umar ibn-'Abd-al-'Aziz and Yusuf ibn-'Umar. To this they added, " We are somehow related to thy uncles (on the mother's side), the banu-1-Harith ibn-Ka'b." 'Abdallah ibn- ar-Rabi* al-Harithi spoke in their favor; and al-Hajjaj ibn- Artat confirmed what they claimed. Therefore, abu-1- ' Abbas held them responsible only for the 200 robes pre- viously given by them, having a value of 8,000 dirhams.
Ar-Rashid writes them a favorable statement. Abu- Mas'ud said, " When ar-Rashid Harun became caliph and started for al-Kufah on his way to the Pilgrimage, they brought their case before him and complained of the harsh treatment of the 'amils. By the caliph's orders there was written to them a statement fixing the number at 200 robes. The statement I myself saw. Moreover the caliph ordered that they be freed from dealing with the 'amils, and that they pay the dues directly to the treasury."
'Amr an-Nakid from ibn-Shihab az-Zuhri : — The following text was revealed against the unbelievers among the Kuraish and the Arabs,1 " Fight therefore against them until there is no more civil discord, and the only worship be that of Allah," and the following against the "People of the Book."2 " Make war upon such of those to whom the Book has been given as believe not in Allah, or in the last day, and who forbid not that which Allah and his Messenger have for- bidden, and who profess not the profession of the truth," etc. to " humbled." Thus the first among the "People of the Book" to pay poll-tax, so far as we know, were the people of Najran who were Christian. Then, the people of Ailah, Adhruh and Adhri'at paid it in the battle of Tabuk.
1 Kor., 2 : 189. • Kor., 9 : 29.
CHAPTER XV AL-YAMAN
The people of al-Yaman embrace Islam. When the news of the rise of the Prophet and the success of his righteous cause reached the people of al-Yaman, they sent their envoys, and the Prophet gave them a written statement confirming 69 them in the possession of whatever property, lands, and buried treasures were included in their terms when they be- came Moslems. Thus they accepted Islam ; and the Prophet sent them his messengers and 'amils to acquaint them with the laws of Islam and its institutes and to receive their sadakah and the poll-tax of those among them who still held to Christianity, Judaism or Magianism.
The Prophet's letter. Al-Husain ibn-al-Aswad from al- Hasan: — The Prophet wrote to the people of al-Yaman, " Whosoever repeats our prayer, turns his face to the kiblah as we do,1 and eat what we slaughter, such a one is a Moslem and has the security of Allah and the security of his Prophet. But whosoever refuses to do so, tax is binding upon him."
A similar tradition was communicated to me by Hudbah on the authority of al-Hasan.
The governor of San'a'. It is reported by al-Wakidi that the Prophet sent Khalid ibn-Sa'id ibn-al-'Asi as a com- mander over San'a' and its land. Al-Wakidi adds that some say that the Prophet assigned al-Muhajir ibn-abi- Umaiyah ibn-al-Mughirah-1-Makhzumi to be governor of San'a, in which position he died. Still others say, according
1 Turning the face towards Makkah during prayer. 106
AL-YAMAN IOj
to al-Wakidi, that the one who made al-Muhajir governor over San'a' was abu-Bakr as-Siddik, who also assigned Khalid ibn-Sa'id over the provinces of upper al-Yaman.
Al-Muhajir as governor of Kindah and as-Sadif. Ac- cording to Hisham ibn-al-Kalbi and Haitham ibn-'Adi the Prophet assigned al-Muhajir over Kindah and as-Sadif. On the death of the Prophet, abu-Bakr wrote to Ziyad ibn- Labid al-Bayadi-1-Ansari assigning to him the governorship of Kindah, as-Sadif and other places in addition to what he already ruled over in Hadramaut. Al-Muhajir he assigned over San'a' and later asked him in writing to reinforce Ziyad ibn-Labid, without dismissing him from the governor- ship of San'a'.
Ziyad, governor of Hadramaut. It is agreed by all that the Prophet assigned Ziyad ibn-Labid to Hadramaut.
The governors of Zabid, -Rima1 ' , 'Adan, al-Janad and Najran appointed. The Prophet assigned abu-Musa-1- Ash'ari to Zabid, Rima*, 'Adan and the coast region, and assigned Mu'adh ibn-Jabal to al-Janad, made him kadi and charged him with collecting sadakah in al-Yaman. He then assigned to Najran 'Amr ibn-Hazm al-Ansari; and, accord- ing to other reports, he assigned abu-Sufyan ibn-Harb to Najran after 'Amr ibn-Hazm.
The letter of the Prophet to Zur'ah sent with Mu'adh. 'Abdallah ibn-^Salih al-Mukri' from 'Urwah ibn-az-Zubair : — The Prophet wrote to Zur'ah ibn-dhi-Yazan as follows : 7°
" Greetings ! On the arrival of my messenger Mu'adh ibn-Jabal and his companions, gather all your sadakah and poll-tax and deliver them to him. Mu'adh is the chief of my messengers, and one of the righteous among my im- mediate companions. I have been informed by Malik ibn-Murarah x ar-Rahawi that thou wert the first to desert
1 Hisham, p. 956, gives " Murrah " ; and Nawawi, p. 539, "Mararah ".
I0g THE ORIGINS OF THE ISLAMIC STATE
Himyar and embrace Islam. Therefore, good times lie be- fore thee. And I order you, all Himyar,1 not to exhibit perfidy or deviation, for verily is the Prophet of Allah the lord of both the rich and the poor among you. As for the sadakah, it is not legal for Muhammad or any of his rela- tives to take; it is rather zakat through which ye are purified, and which goes to the poor among the Moslems and the Believers. It was Malik that conveyed the infor- mation and kept the secret. As for Mu'adh, he is one of the righteous among my immediate companions and one of their coreligionists. I, therefore, order you to treat him well, for he is highly esteemed. And peace be unto you !" 2
The Prophet orders Mu'ddh to take the tithe. Al-Husain ibn-al-Aswad from Musa ibn-Talhah: — The Prophet sent Mu'adh ibn-Jabal 3 to collect the sadakah of al-Yaman or- dering him to take on dates, wheat, barley and grapes (perhaps he said raisins) one-tenth and one-half of a tenth.
Instructions to 'Amr ibn-Hazm. Al-Husain from Muhammad ibn-Ishak: — The Prophet wrote the following to 'Amr ibn-Hazm when he sent him to al-Yaman :
" In the name of Allah, the compassionate, the merciful. This is a declaration from Allah and his Prophet. All ye that have believed ! be faithful to your compacts : 4 this is an ordinance from the Prophet Muhammad, the Mes- senger of Allah, to 'Amr ibn-Hazm when he delegated him to al-Yaman. He ordered him to fear Allah in whatever he performs, and to take from the spoils the fifth that belongs to Allah as well as what is prescribed as sadakah on the property of the Believers which is one-tenth in case it is
1 Hi sham, p. 957.
2 Cf. Tabari, vol. i, p. 1719.
1 Bukhari, vol. iii, p. 156; Diyarbakri, vol. ii, p. 158. 4 Kor., 5 : i.
AL-YAMAN IOg
watered by flowing water or rain, and one-half of a tenth if it is watered by means of the bucket." *
The Prophet's letter to the kings of Himyar. Al-Husain from Muhammad ibn-Ishak: — The following is what the Prophet wrote to the kings of Himyar :
" In the name of Allah, the compassionate, the merciful. From the Prophet Muhammad, the Messenger of Allah, to 71 al-Harith ibn-'Abd-Kulal, Nu'aim ibn-'Abd-Kulal, and Sharh ibn-'Abd-Kulal, to an-Nu'man Kail dhi-Ru'ain, Ma'afir and Hamdan. Greetings! Allah will guide you by his own guidance, if ye act well, obey Allah and his Prophet, observe the prayer, pay the zakat, give out of the spoils the fifth that belongs to Allah, the share of his Pro- phet, and the portion which belongs to him as chief exclusive of his companions, and deliver what is prescribed by Allah to the Believers in the form of sadakah on the property, which is one-tenth, in case the land is watered by spring, or rain water, and half of the tenth if watered by means of the bucket." 2
According to Hisham ibn-Muhammad al-Kalbi the letter of the Prophet was addressed to 'Arib and al-Harith, the sons of 'Abd-Kulal ibn-'Arib ibn-Liyashrah.s
The Prophet's letter to Mu'adh. Yusuf ibn-Musa-1- Kattan from al-Hakam: — The Prophet wrote to Mu'adh ibn-Jabal, when the latter was in al-Yaman, stating that one- tenth is to be assessed on what is watered by rain or flowing water, and half of a tenth on what is watered by means of the bucket and water-wheel; that on every adult one dinar or its equivalent in clothes is to be assessed ; and that no Jew is to be enticed to leave Judaism.4
1 Cf. Tabari, vol. i, p. 1727.
2 Cf. Tabari, vol. i, p. 1718.
8 Ibn-Duraid, al-Ishtikak, p. 308 : " Yalyashrah "; see ZDMG, vol. xx, p. 237. * Here is omitted the explanation of certain words in the tradition.
IIO THE ORIGINS OF THE ISLAMIC STATE
The instructions given to Mu'adh. Abu-'Ubaid from Masruk : — The Prophet delegated Mu'adh to al-Yaman giv- ing him orders to take a one-year-old cow out of every thirty cows; one full-grown cow, of every forty; and one dinar, or its equivalent in clothes, from every adult.
The Magians taxed. Al-Husain ibn-al-Aswad from al- Hasan : — The Prophet collected poll-tax from the Magians of Ha jar and the Magians of al-Yaman, and assessed one dinar or its equivalent in clothes on every adult or female from the Magians of al-Yaman.
The people of al-Yaman taxed. 'Amr an-Nakid from 72 'Amr ibn-Shu'aib's grandfather : — The Prophet assessed one dinar as tax on every adult among the people of al-Yaman.
Shaiban ibn-abi-Shaibah-1-Ubulli from Yahya ibn-Saifi or from ibn-'Abbas : — When the Prophet delegated Mu'adh ibn-Jabal to al-Yaman he said, " When thou comest to any of the ' People of the Book/ tell them, 'Allah made it obligatory on you to pray five times per day and night '. If they obey, tell them, 'Allah made it obligatory on you to fast during the month of Ramadan of every year '. If they obey, tell them, 'Allah made it obligatory on him of you who can afford it to undertake a pilgrimage to Makkah '. If they obey, tell them, 'Allah has made it obligatory on you to offer sadakah on your possessions to be taken from the rich among you and turned over to the poor among you.' If they obey, then avoid their choice possessions and beware of the imprecation of the oppressed, for between his imprecation and Allah there is no veil or screen." *
Products subject to sadakah. Shaiban from al-Mughirah ibn-'Abdallah : — Al-Hajjaj said, "Give sadakah on every leguminous plant." Regarding this abu-Burdah ibn-abi-
1 Bukhari, vol. iii, p. 157.
AL-YAMAN IIX
Musa said, " He is right ", which made Musa ibn-Talhah say to abu-Burdah, " This man [al-Haj jaj ?] now claims that his father was among the Prophet's Companions. The Prophet sent Mu'adh ibn-Jabal to al-Yaman and gave him instructions to collect sadakah on dates, wheat, barley and raisins."
'Amr an-Nakid from Musa ibn-Talhah ibn-'Ubaidallah who said : — " I have read the letter of Mu'adh ibn-Jabal when the Prophet sent him to al-Yaman, and there oc- curred in it the following statement, ' Take sadakah on wheat, barley, dates and corn.' ' 73
Why more tax on the Syrians. 'AH ibn-'Abdallah al- Madini from ibn-abi-Najih who said, " I once asked Mujahid, ' Why did 'Umar levy on the people of Syria a heavier poll-tax than on the people of al-Yaman?' and he replied, ' Because they were people of means.' '
Nothing on al-awkds. Al-Husain ibn-'Ali ibn-al-Aswa,d from Ta'us: — When Mu'adh arrived in al-Yaman, there was brought before him a medial number of cows and a medial amount * of honey, on which he said, " I have no instructions to take anything on this."
The salt of Ma' rib. Al-Husain ibn-al-Aswad from Abyad ibn-Hammal: — The latter asked the Prophet to give him as fief the salt in Ma' rib ; but hearing someone say, " It is like perennial water," 2 the Prophet refused to assign it.
A tradition to the same effect was communicated to me by al-Kasim ibn-Sallam and others on the authority of Abyad ibn-Hammal.
The Prophet gives a fief in Hadramaut. According to a
1 Ar. awkas = what is between one faridah and the next ; as, for in- stance when camels amount in number to five, one sheep or goat is to be given for them ; and nothing is to be given for such as exceed that number until they amount to ten ; thus what is between the five and ten is termed waks, pi. awkas.
2 Having an unfailing and continuous output.
II2 THE ORIGINS OF THE ISLAMIC STATE
tradition communicated to me by Ahmad ibn-Ibrahim ad- Dauraki on the authority of 'Alkamah ibn-Wa'il al- Hadrami's father, the Prophet gave out as fief to the latter ['Alkamah's father] a piece of land in Hadramaut.
Muhammad ibn-Yusuf severe on al-Yaman. 'Ali ibn- Muhammad ibn-'Abdallah ibn-abi-Saif, a freedman of Kuraish, from Maslamah ibn-Muharib: — When Muham- mad ibn-Yusuf, the brother of al-Hajjaj ibn-Yusuf, was the governor of al-Yaman, he misbehaved, oppressed the people and took pieces of land from certain men without paying their prices. Among the lands he thus wrested was al- Harajah. Morever he levied on the people of al-Yaman a khardj which he gave the form of an assessed rate of land-tax. When 'Umar ibn-'Abd-al-'Aziz came to power, he wrote to his 'dmil instructing him to abolish that assessed land-tax and take nothing more than the tithe saying, ' Though I may not get from al-Yaman more than a hand- ful of katam,1 I would rather have that than the passing of such a tax." However, when Yazid ibn-'Abd-al-Malik came to power he reinstated it.
Sadakah on plants, grains and vegetables. Al-Husain ibn-Muhammad az-Za'farani from abu-'Abd-ar- Rahman Hisham ibn-Yusuf, the kadi of San'a' : — The people of 74 Khufash presented a statement from abu-Bakr as-Siddik on a parchment ordering them to pay sadakah on a piece of land planted with wars.2
According to Malik, ibn-abi-Dhi'b, all the canonists of al-Hijaz, Sufyan ath-Thauri and abu-Yusuf there is no zakat on wars, wasmah? kirt* katam, hinna 5 and roses.
1 A plant product used for dyeing the hair black. 1 A certain plant like sesame existing in al-Yaman only, used for dyeing.
8 A plant with the leaves of which one tinges or dyes.
4 A kind of leek. s A plant used for dyeing the hands and feet.
AL-YAMAN
Abu-Hani f ah, however, holds that there is zakdt on these, whether in large or small quantities. Malik holds that the zakdt on saffron is five dirhams, if its price amounts to 200 dirhams and if it is sold. The same is the view of abu-az- Zinad who is reported by others to have said, " Nothing on saffron." According to abu-Hanifah and Zufar there is zakdt on it whether it is in large or small quantities. Abu- Yusuf and Muhammad ibn-al-Hasan claim, " If its price amounts to the lowest price for which five wasks of dates, wheat, barley, corn or any other kind of grains sell, then there is sadakah on it." According to ibn-abi-Laila, there is nothing on vegetables. The same view is held by ash-Sha'bi.1 According to 'Ata' and Ibrahim an-Nakha'i, whatever the tithe-land produces, be it in great or small quantities, is subject to the tithe or half the tithe.
Al-Husain ibn-al-Aswad from ibn-abi-Raja' al-'Utaridi who said : — " In al-Basrah, ibn-al-' Abbas used to collect our sadakahs even from the bundles of leek."
Al-Husain from Ta'us and 'Ikrimah: — The latter as- serted that there is no zakdt on wars and cotton.
The tax on the dhimmis. The following is the view of abu-Hanifah and Bishr : — In case of the dhimmis who are in possession of lands included in the tithe-land, like for instance al-Yaman whose people accepted Islam and made terms on their lands, al-Basrah which was cultivated by the Moslems, and other lands given out as fiefs by the caliphs to which no Moslem or " man of the covenant " has claim, it is binding on these people to pay tax on their person and khardj on their lands according to what their lands can bear. Whatever is received from them follows the course of the money received as khardj. If, however, any one of them becomes Moslem, he is exempt from the poll-tax but
1 Yahya ibn-Adam, p. 107.
II4 THE ORIGINS OF THE ISLAMIC STATE
remains always subject to the khardj on his land, as it is the case in as-Sawad. The same view is held by ibn-abi- Laila. According to ibn-Shubrumah and abu-Yusuf , tax is 75 levied on their heads, and they should pay double what the Moslems pay on their lands, which would be a fifth or a tenth. This they said on the analogy of the case of the Christian banu-Taghlib. Abu-Yusuf added that whatever is taken from them should follow the course of the money received as khardj. In case a dhimmi becomes Moslem or his land goes to a Moslem, then it becomes tithe-land. The same view is reported to have been held by 'Ata' and al-Hasan.
According to ibn-abi-Dhi'b, ibn-abi-Sabrah, Sharik ibn- 'Abdallah an-Nakha'i, and ash-Shaft'i, there is tax on their heads, but no khardj or tithe on their land, because they are not included in those on whom zakat is binding, nor is their land a £/tara/-land. The same opinion is held by al-Hasan ibn-Salih ibn-Hai-1-Mamdani.
According to Sufyan ath-Thauri and Muhammad ibn-al- Hasan, there is tithe on them but not in a doubled form, because that which counts is the land, and the possessor is not to be taken into consideration. According to al-Auza'i and Sharik ibn-'Abdallah, if they are dhimmis like the Jews of al-Yaman, whose people became Moslem while they were still in the land, then nothing is taken but the poll-tax, and you should not let the dhimmi buy the tithe-land or possess it.
The case of a Jew who holds tithe-land. Al-Wakidi said, " I once asked Malik about the case of a Jew from al-Hijaz who buys land in al-Jurf and plants it. Malik said, ' The tithe is taken from him '. I then replied, ' Didst thou not claim that there is no tithe on the land of a dhimmi if he acquires it from the tithe-land ?' ' That ', said Malik, ' holds
AL-YAMAN II5
true, if he stays in his own country; but in case he leaves his country, then that becomes a question of trade.' " a
A man of the banu-Taghlib who uses a tithe-land. Abu- az-Zinad, Malik ibn-Anas, ibn-abi-Dhi'b, ath-Thauri, abu- Hanifah and Ya'kub said regarding the case of one of the banu-Taghlib who plants a piece of the tithe-land that he should pay a double-tithe. If he rents a tithe- farm then — according to Malik, ath-Thauri, ibn-abi-Dhi'b and Ya'kub— the one who plants the farms should pay the tithe. Abu- Hani f ah, however, maintains that the owner of the land should pay it; and Zufar shares the same view.
The case of one who is behind in payment of the tithe. According to abu-Hanifah, in case a man fails to pay the tithe for two years, then the authorities [Ar. sultan] take only one tithe as he begins again to pay. The same is true of the khardj-l&nd. But abu-Shimr holds that the authori- ties take the arrears, because it is justly due to them.
1 Cf. abu-Yusuf, p. 69.
CHAPTER XVI 'UMAN
The Prophet sends abu-Zaid al-Ansari to fUmdn. The al- 76 Azd were in ascendency in 'Uman,1 although it had in its deserts a many other peoples. In the early part of the year 8, the Prophet delegated to them abu-Zaid al-Ansari of al- Khazraj, who was one of those who compiled the Koran in the time of the Prophet. His [full] name, according to al-Kalbi, was Kais ibn-Sakan ibn-Zaid s ibn-Haram; ac- cording to some Basrah philologists, his name was 'Amr ibn- Akhtab, the grandfather of 'Urwah ibn-Thabit ibn-'Amr ibn- Akhtab; and according to Sa'id ibn-Aus al-Ansari, it was Thabit ibn-Zaid. The Prophet also sent 'Amr ibn-al-'Asi as-Sahmi with a letter to 'Abd 4 and Jaifar, the two sons of al-Julanda, calling them to Islam.5 The Prophet said, "If these people accept the witness of truth and pledge obedi- ence to Allah and his Prophet, 'Amr will be the commander and abu-Zaid will officiate in prayer, propagate Islam, and teach the Koran and the institutes of the Prophet."
On the arrival of abu-Zaid and 'Amr at 'Uman, they found that 'Abd and Jaifar were at Suhar on the sea-coast. They carried the letter of the Prophet to them, and they
1 Yakut, vol. iii, p. 71?. 2Ar. badiyah; see MFO, vol. iv, p. 98. 8 Hisham, p. 504, gives " Kais ibn-Za'ura " for Zaid. 4 Hisham, p. 971 : " 'lyadh" ; adh-Dhahabi, al-Mushtabih, p. 133 : " 'Ab- bad"; cf. Athir, vol. ii, p. 177. 8 Ya'kubi, vol. ii, p. 85 ; Sprenger, vol. iii, p. 382. 116
'UMAN
both accepted Islam and invited the Arabs to it. The Arabs then responded and showed special interest in it. 'Amr and abu-Zaid stayed in 'Uman until the death of the Pro- phet. It is said by some, however, that abu-Zaid returned to al-Madinah before that.
Al-Azd and other tribes apostatise. Consequent upon the death of the Prophet, al-Azd apostatized from Islam under the leadership of Lakit: ibn-Malik dhu-at-Taj and left for Dabba * (some say for Damma in Dabba), Abu-Bakr, there- upon, dispatched against them Hudhaifah ibn-Mihsan al- Makhzumi, who in a battle with Lakit and his companions killed him and took from the people of Dabba many captives whom they sent to abu-Bakr. At this, al-Azd returned to Islam. Other clans from 'Uman, however, apostatized and 77 went as far as ash-Shihr. These 'Ikrimah followed and overpowered, carrying away a large booty and killing many of their number. Then some of the tribe of Mahrah ibn- Haidan ibn-'Amr ibn al-Hafi ibn-Kuda'ah massed a body of men, against whom 'Ikrimah came; but they offered no resistance and paid sadakah.
Hudhaifah made governor. Abu-Bakr assigned Hu- dhaifah ibn-Mihsan as governor over 'Uman. When abu- Bakr died, Hudhaifah was still over it; but he was later dismissed and sent to al-Yaman.
'Isa ibn-Jaffar abuses the people. The state of 'Uman continued in a fair way, its people paying sadakah on their property, and poll-tax being taken from those among them who were dhimmis until the caliphate of ar-Rashid who made 'Isa ibn-Ja'far ibn-Sulaiman ibn-* AH ibn-'Abdallah ibn-al-' Abbas its ruler. The latter left for 'Uman with some troops from al-Basrah, who began to violate women, and rob
1 Tabari, vol. i, p. 1981 : " Daba ".
! ,8 THE ORIGINS OF THE ISLAMIC STATE
the people, and make public use of musical instruments.1 The people of 'Uman, who were mostly Shurat,2 having learned that, fought against him and held him back from entering the city. Finally, they succeeded in killing and crucifying him. Then they broke with the caliph 3 and refused to do him homage, making one of their own their ruler.
Some assert that the Prophet sent abu-Zaid carrying his letter to 'Abd and Jaifar, the two sons of al-Julanda of al- Azd, in the year 6, and sent 'Amr in the year 8, a short time after his conversion to Islam, which took place, together with the conversion of Khalid ibn-al-Walid and 'Uthman ibn-Talhah-l-'Abdi in Safar, year 8. 'Amr had come from Abyssinia to the Prophet.4 The Prophet said to abu-Zaid, " From the Moslems, take sadakah ; but from the Magians, take poll-tax."
The letter of 'Umar ibn- Abd-al- Aziz to 'Adi. Abu-1- Hasan al-Mada'ini from al-Mubarak ibn-Fudalah : — The following is what 'Umar ibn-4 Abd-al-' Aziz wrote to 'Adi ibn-Artat al-Fazari, his 'amil in al-Basrah :
" Greetings ! I have previously written to 'Amr ibn- 'Abdallah asking him to distribute whatever he received in 'Uman as date or grain tithes among the poor of its in- habitants, the nomadic people who may descend on it and those whom need, poverty, or obstruction of the way may compel to stay in it. Regarding this, he wrote to me that having asked thy representative who came before him to 'Uman about those articles of food and dates, he was told 78
1 Cf. SalH ibn-Razik, History of Imams and Seyyids of Oman, tr. Badger, p. n.
* Schismatics commonly known as Kliawarij. They say that they owe their name to Koran, 2 : 203.
* The word used is sulfdn.
* Hisham, pp. 716-717.
'UMAN
that thy representative had sold them and delivered the price to thee. Return to 'Amr, therefore, what thy representative in 'Uman had carried to thee as the price of dates and grains, that 'Amr may invest it where I instructed him, and spend it as I told him. May this be the will of Allah, and peace be unto thee!"
\
CHAPTER XVII AL-BAHRAIN
Al-Mundhir ibn-Sdwa, governor of al-Bahrain. The land of al-Bahrain formed a part of the Persian kingdom. In its desert lived a great many Arabs from the tribes of 'Abd-al-Kais, Bakr ibn-Wa'il and Tamim. At the time of the Prophet, the one who ruled the Arabs in it in the name of the Persians was al-Mundhir ibn-Sawa * one of the sons of 'Abdallah ibn-Zaid ibn-'Abdallah ibn-Darim ibn-Malik ibn-Hanzalah. This 'Abdallah ibn-Zaid was surnamed al- Asbadhi after a village in Hajar called al-Asbadh. Others claim that he was named after the al-Asbadhi people, who were worshippers of horses in al-Bahrain.
Al-'Ala' delegated by the Prophet. At the beginning of the year 8, the Prophet delegated al-'Ala ibn-'Abdallah ibn- 'Imad al-Hadrami, an ally of the banu-'Abd- Shams, to al- Bahrain, giving its people the choice between following Islam or paying tax. With him, the Prophet sent a letter to al-Mundhir ibn-Sawa and Sibukht the satrap 2 of Hajar,3 giving them the choice between following Islam or paying tax. They both were converted and, together with them, all the Arabs living there and a few Persians. The rest of the population, however, including Magians, Jews and
1 Hajar, vol. iiif p. 943.
* ntarzuban; Ibn-IJajar, vol. i, p. 213, in quoting al-Baladhuri gives his name thus : " Usaikhit (Usaikhib) " ; cf. Ibn-Sa'd in Wellhausen, Skiezen, vol. iv, p. 15 ; Yakut, vol. i, p. 508.
' Another name for Bahrain, hence the Greek : Gerrha ; Caetani, vol. ii, p. 194. 120
AL-BA&RAIN I2i
Christians made terms with al-'Ala' and this is a copy of the statement written between the two parties :
" In the name of Allah, the compassionate, the merciful. These are the terms agreed upon between al-'Ala' ibn-al- Hadrami and the people of al-Bahrain. It is agreed that they will save us [the Moslems] the trouble of work, and divide with us the dates; and whosoever of them fails to keep this may the curse of Allah, the angels, and the world altogether be upon him." As for the poll-tax, al-'Ala' assessed one dinar on every adult. ^ 79
The letter of the Prophet. 'Abbas ibn-Hisham from ibn-'Abbas : — This is what the Prophet wrote to the people of al-Bahrain :
"Greetings ! If ye observe prayer, give zakat, remain loyal to Allah and his Prophet, pay the tithe of the dates and half the tithe of the grains, and do not bring up your children as Magians, then ye will be treated according to the terms agreed upon when ye became Moslem, with the exception of the fire-temple that is to be delivered to Allah and his Prophet. If, however, ye refuse, then tax will be incumbent on you."
The Magians and Jews prefer tax. The Magians and Jews, however, refused Islam and preferred the payment of poll-tax. Upon this, the hypocrites among the Arabs re- marked, " The Prophet pretended that he would accept poll- tax from none outside the ' People of the Book ', but, here he is accepting it from the Magians of Hajar who are not 'People of the Book.' ' On this occasion the text was revealed — " O ye that have believed ! take heed to yourselves. He who erreth shall not hurt you when ye have the guid- ance." According to certain reports, the Prophet sent al-'Ala' at the time he sent his envoys to the kings in the year 6.2
1 Kor., 5 : 104. * Ya'kubi, vol. ii, p. 84.
I22 THE ORIGINS OF THE ISLAMIC STATE
Al-Ala' as a wall between them. Muhammad ibn- Musaffa al-Himsi from al-'Ala' ibn-al-Hadrami who said: " The Prophet sent me to al-Bahrain (or perhaps he said 1 Hajar ' ) and I used to come as a wall between brothers [i. e. try to create discord] some of whom have been con- verted. From the Moslem among them, I would take the tithe, and from the ' polytheist,' kharaj" l
The Prophet's letter. Al-Kasim ibn-Sallam from 'Urwah ibn-az-Zubair : — The Prophet wrote to the people of Hajar as follows : — 2
" In the name of Allah, the compassionate, the merciful. From Muhammad the Prophet to the people of Hajar : ye are in peace. I praise Allah on your behalf, beside whom there is no god. Then I admonish you by Allah and by yourselves that ye do not go astray after having been guided, nor be misled after having the right pointed out to you. What ye have done has reached me, and now the offense of the guilty shall not be charged to him among you who behaves himself. When my commanders come to you obey them, reinforce them and help them in carrying out Allah's 80 plan and his cause, for whosoever among you does the good deed, his deed shall not be lost before Allah or before me. Your delegation has come to me, and I did nothing for them but what was pleasing to them; although if I were to enforce all my right on you, I would expel you from Hajar. Thus