8 人头税(Jizya)
8 Jizya
jizya是真主(SWT)允许穆斯林向卡菲尔征收的一项权利,作为他们服从伊斯兰统治的回报。穆斯林坚持对缴纳人头税(Jizya)的卡菲尔予以宽容、保护,并确保他们的安全。Jizya源自真主(SWT)在《忏悔章》中的经文:
Jizya is a right that Allah (swt) allowed the Muslims to take from the Kuffar, in return for their submission to the ruling of Islam. The Muslims adhere to forbearing, protecting and ensuring the security of the Kuffar who give the Jizya. Jizya originates from the saying of Allah (swt) in Surah At-Tauba,
“你们要与那些不信安拉和末日、不禁戒安拉和使者所禁戒之物、也不信奉真道的有经典者的人作战,直到他们亲手缴纳人头税,并且服从。”(忏悔章:29) Note: the rules say to keep (SWT) and (saw) as they are, but the Chinese translation of the verse renders them as the Chinese text itself, with the verse reference following. Since the rules require the verse text to stay as the translation of the verse, I have not included the ﷺ marks inside the verse, as the Prophet's mention in the verse is inside a Qur'an verse.
“Fight those who do not believe in Allah (swt) and the last day and who forbid not what Allah (swt) and His Messenger (saw) have forbidden, who do not practise the religion of truth, being of the people of the Book, until they pay the Jizya out of hand and are humbled.” (At-Tauba: 29)
Jizya是从谁那里征收的?
Who are Jizya taken from?
吉兹娅(Jizya)取自有经人,即犹太教徒和基督教徒,依据前面提到的经文“属于有经人”的证据,无论他们是犹太人、基督徒、阿拉伯人还是非阿拉伯人。这是因为安拉的使者ﷺ曾向也门的犹太教徒和奈季兰的基督教徒征收吉兹娅。据阿尔瓦·本·祖拜尔传述,他说:“安拉的使者ﷺ致信也门人说:‘……凡信奉犹太教或基督教的人,不得强迫他放弃其信仰,但他必须缴纳吉兹娅。’”也有传述来自伊本·شهاب,他说:“最先缴纳吉兹娅的是奈季兰人,他们是基督教徒。”艾布·伯克尔向希拉的基督教徒征收吉兹娅,他们是阿拉伯人;欧麦尔同样向沙姆的基督教徒征收吉兹娅,他们既有阿拉伯人,也有非阿拉伯人。
Jizya is taken from the people of the Book, the Jews and the Christians, by evidence of the previous mentioned Ayah, “Being of the people of the Book” whether they are Jews, Christians, Arabs or non-Arabs. This is because the Messenger of Allah (saw) took Jizya from the Jews of Yemen and from the Christians of Najran. It has been narrated from Arwa ibn Az-Zubayr who said, “The Messenger of Allah (saw) wrote a letter to the people of Yemen saying, ‘…whoever is upon the religion of Judaism or Christianity is not forced to turn away from it and he must pay the Jizya.’” It has also been narrated from Ibn Shihaab who said, “The first to give the Jizya were the people of Najran who were Christians.” Abu Bakr took the Jizya from the Christians of al-Hira who were Arabs, and ‘Umar, likewise took the Jizya from the Christians of Ash-Sham who were both Arab and non-Arab.
圣战之外,吉兹亚也会向信经者以外的人征收,即琐罗亚斯德教徒、萨比教徒、印度教徒和共产主义者,因为安拉的使者ﷺ曾向哈贾尔的琐罗亚斯德教徒征收吉兹亚。据哈桑·本·穆罕默德传述,他说:"安拉的使者ﷺ致信哈贾尔的琐罗亚斯德教徒,邀请他们皈依伊斯兰。接受的人被接纳入伊斯兰教,不接受的人则被强制缴纳吉兹亚,并规定不得食用他们的肉,不得娶他们的女子为妻。"据伊本·希哈卜传述,安拉的使者ﷺ曾向哈贾尔的琐罗亚斯德教徒征收吉兹亚,欧麦尔曾向波斯的琐罗亚斯德教徒征收吉兹亚,奥斯曼曾向柏柏尔人征收吉兹亚。还有传述说,欧麦尔·本·哈塔卜曾停止向琐罗亚斯德教徒征收吉兹亚,直到阿卜杜勒·拉哈曼·本·奥夫为此作证:安拉的使者ﷺ曾向哈贾尔的琐罗亚斯德教徒征收吉兹亚。同样,据使者ﷺ传述,他说:"你们对待他们,应当像对待有经人一样。"
Jizya is also taken from people other than the people of the Book namely from the Zoroastrians, Sabians, Hindus and the communists, because the Messenger of Allah (saw) took Jizya from the Zoroastrians of Hajr. It has been narrated from Hasan bin Muhammad (saw) who said, “The Messenger of Allah (saw) wrote to the Zoroastrians of Hajr inviting them to Islam and those who accepted were accepted into Islam and those who didn’t Jizya was enforced upon them, observing that their meat must not be eaten and their women must not be married.” It has been narrated from Ibn Shihab that the “Messenger of Allah (saw) took the Jizya from the Zoroastrians of Hajr,” and ‘Umar took the Jizya from the Zoroastrians of Persia and that Uthman took the Jizya from the Berbers. It has also been narrated that ‘Umar ibn Al-Khattab stopped from taking Jizya from the Zorastians until Abdur-Rahman bin Auf testified that the Messenger of Allah (saw) took the Jizya from the Zorastians of Hajr. Likewise, it has been narrated from the Messenger (saw) that he said, “Deal with them as you would with of the people of the Book.”.
至于拜偶像的阿拉伯人,他们被迫接受伊斯兰教,否则将遭到讨伐,这依据的是安拉(SWT)的经文:
As for the Arabs who worshipped idols they are forced to accept Islam otherwise they would be fought against according to Allah (swt) ’s saying,
何时免除吉兹亚税?
When is the Jizya Waived?
如果一个人皈依伊斯兰教,人头税(Jizya)便因此免除。无论他是在一年之初、中间、末尾,还是在该年度过去之后皈依,他所应缴纳的人头税都会终止,因此他根本不需要再缴纳任何人头税。这是基于安拉(SWT)所说的:“你告诉那些不信道的人,如果他们停止(不信),那么过去的一切都将被赦免。”伊本·阿拔斯也从先知ﷺ那里转述道,他说:“穆斯林不缴纳人头税。”人头税的原因是Kufr(不信),而伊斯兰教消除了它,所以它不能与伊斯兰同时存在。既然伊斯兰能够消除在它之前的Shirk(以物配主)、Kufr(不信)和罪恶,那么它怎么会不消除人头税及其所带来的屈辱呢?
The Jizya is waived by embracing Islam, so whoever embraced Islam, the Jizya enforced on him is terminated, whether he became Muslim at the beginning of the year, in the middle, at its end or after its elapse, thus no Jizya is obliged on him at all. This is due to what Allah (swt) said, “Say to those who disbelieve, if they desist then Allah (swt) will forgive them for everything that has passed.” Ibn Abbas also narrated from the Prophet (saw) that he said, “The Muslim does not pay the Jizya.” The reason for Jizya is Kufr and Islam eliminates it, so it does not exist together with Islam. If Islam eliminates what preceded it of Shirk, Kufr and sins then how would it not eliminate Jizya and its humiliation?
据传,先知(愿主赐他平安)曾说:“伊斯兰教抹去了其之前的一切。” 据马斯鲁格传述,一位非阿拉伯人皈依了伊斯兰教,但仍被征收人头税(吉兹耶)。他来见欧麦尔·本·哈塔ब,说:“信士的长官啊,我已成为穆斯林了。”欧麦尔说:“或许你皈依伊斯兰是为了寻求庇护。”那人说:“伊斯兰教中难道没有保护我的规定吗?”欧麦尔说:“确实有。”于是欧麦尔写信,说不应再向他征收吉兹耶。 吉兹耶不会因死亡而消失。如果此人在一年期满后死亡,吉兹耶便成为必须缴纳的义务,并成为他的一项债务。因此,应当像偿还其他债务一样,从他的遗产中取出相应的数额。如果他没有遗产,则不必缴纳,其继承人也无需替他缴纳,因为这种情况属于有关贫困者和需要帮助者的规定。
It has been narrated from the Messenger (saw) that he said, “Islam has nullifies what preceded it.” It has been narrated from Masrooq that one of the non-Arabs embraced Islam and Jizya was taken from him. He came to ‘Umar ibn Al-Khattab and said, “O Amir-al Mu’mineen I have become a Muslim.” ‘Umar said, “Perhaps you embraced Islam seeking protection.” The man said, “Is there not in Islam that which guards me?.” ‘Umar said, “Yes, Indeed.” He said, “Umar wrote to say that no Jizya is to be taken from him.” The Jizya does not cease by death if the person died after a year had elapsed as it would become Wajib and a debt upon him. Thus it is necessary to take the appropriate amount from his bequest like his other debts. If he doesn’t have any bequest then he doesn’t pay and it is not necessary for his heirs to pay, as this then falls into the rule pertaining to the poor and needy.
任何属于Ahl az-Zimma、有义务缴纳吉兹亚的人,都不能因此而被免除,因为经文和圣训规定的是征收吉兹亚,而不是免除它。除了圣训中提到的人之外,没有人可以被免除。即使这位齐米人加入了伊斯兰军队,作为士兵与异教徒作战并杀死了异教徒,或者他被任用担任某一职位,这一切也不能使他免于缴纳吉兹亚,只要他仍然保持着异教信仰,而且他因加入军队或担任该职位而获得了报酬。
Any person from the Ahl az-Zimma who is obliged to pay the Jizya, can be excused from it because the Ayahs and Ahadith oblige its collection and not its exemption. No one is excused from it except those mentioned in the Ahadith. Even if the Zimmi joined the Islamic army as a soldier and fought against and killed the Kuffar along with the Muslims, or he was employed in a post, all this wouldn’t exempt him from paying the Jizya, as along as he remained on his Kufr and because he is paid for joining the army or the post.
jizya的数额
The Amount of Jizya
在先知(愿主赐他平安)和其后哈里发们的时代,所征收的吉兹亚数额并不固定,而是因地而异。先知穆罕默德(愿主赐他平安)派穆阿兹前往也门时,命令他从每一位成年的齐米人那里征收一第纳尔,或与之等值的麻布衣物(Ma'afir)。欧麦尔在埃及和沙姆向富人征收4第纳尔,向中等收入者征收2第纳尔,向有工作的贫困者征收1第纳尔。同样,他还要求他们为士兵提供食物,并为穆斯林提供款待。他在伊拉克向富人征收48迪拉姆,向中等收入者征收24迪拉姆,向有工作的贫困者征收12迪拉姆。同样,当塔格勒卜部落的基督徒拒绝缴纳吉兹亚时,欧麦尔对他们征收双倍的天课。据奴尔曼·本·祖尔阿传述,他曾向欧麦尔·本·哈塔卜询问并与他谈论塔格勒卜部落的基督徒之事。欧麦尔本想向他们征收吉兹亚,但他们已经散居各地。奴尔曼对欧麦尔说:"信士们的长官啊,塔格勒卜部落是一个看不起吉兹亚的阿拉伯部落,他们没有财富,只是从事耕作和畜牧的人。他们在敌人面前有反抗的意志,所以不要用他们来对付你,从而削弱你的军队。"于是欧麦尔与他们和解,改为征收双倍的天课。在《布哈里圣训实录》中,艾布·纳吉赫传述说:"我问穆贾黑德:'沙姆人缴纳4第纳尔,而也门人只缴纳1第纳尔,这是怎么回事?'他说:'这是根据各地的富裕程度决定的。'"
The amount of Jizya enforced in the days of the Messenger (saw) and the Khulafa’a after him was not fixed, rather it differed from one place to another. When the Messenger of Allah (saw) sent Mu’az to Yemen he ordered him to take, “A Dinar or its equivalent of M’afir (garment) from every mature youth of the Ahl az-Zimma.” ‘Umar imposed 4 Dinars on the rich in Egypt and Ash-Sham, 2 Dinars on the middle class people and 1 Dinar on the poor who earns. Likewise he also imposed them to provide food for the soldiers and hospitality for the Muslims. He imposed 48 Dirhams on the rich in Iraq, 24 Dirhams on the middle class and 12 Dirhams on the poor who earn. Likewise, he imposed double the Zakat on Christians of bani Taghlub when they refused to impose Jizya on them. It has been narrated by N’uman bin Zara’a that he asked ‘Umar ibn Al-Khattab and spoke to him regarding he Christians of bani Taghlub. ‘Umar was intent on taking the Jizya from them but they had dispersed throughout the land. Nu’man said to ‘Umar, “O Amir al-Mu’mineen, indeed the Bany Taghlub are an Arab tribe who look down upon the Jizya, and they don’t have wealth, as they are only people of farming and cattle. They have defiance against the enemy so do not help your armies by using them against you.” He said, so ‘Umar made peace with them by imposing double charity (Zakat)” In Sahih al-Buhkari it has been narrated by Abu Najeeh who said, “I said to Mujahid: ‘What is the matter with the people of Ash-Sham who pay 4 Dinars and the people of Yemen pay 1 Dinar?’ He said, ‘This was decided based on prosperity.’”.
“乌马尔”对受保护者(ahl adh-Dhimma)所征收的吉兹亚,其金第纳尔的价值,按今天通用的黄金计量单位克来估算,如下:
The value of the Dinars which ‘Umar imposed as Jizya on the people of adh-Zimma, estimated in grams, which is the standard unit of the gold today, is as follows:

由此可见,吉兹या(Jizya)的数额并非固定不变,也不像天课的尼萨布(Nisab)那样有一个不可逾越的确定上限。相反,它交由哈里发的意见与伊智提哈德(Ijtihad)来决定:他需考虑民众的富足与贫困状况,既不使齐米人(Ahl az-Zimma)负担过重,也不使他们超出自身的承受能力。同样,他还要确保国库(Bait ul-Mal)不受不公对待,不因为齐米人应当缴纳的款项而蒙受损失。
From this it is clear that the Jizya amount of was not the same, nor fixed by a certain limit that can’t be exceeded like the Nisab of Zakat. Rather it is left to the opinion and Ijtihad of the Khalifah where he takes into consideration the aspect of prosperity and poverty, in a way that he does not overburden Ahl az-Zimma, nor hrges them beyond their capabilities. Likewise he ensures that the Bait ul-Mal is not treated unjustly, nor he deprives it of fund rightly due to it from the people of Ahl az-Zimma.
界定富裕、中产和贫困的层次,应以通行的习惯(Urf)和专家的知识为准。据此,哈里发从专家中任命人员,区分富人、中产者和穷人,以确定富裕、中产和贫困的层次,并建议每一类别应缴纳的人头税(Jizya)数额。哈里发以此为依据来决定人头税的数额,既不使Ahl az-Zimma承受过重的负担,也不让他们超出其承受能力,同时也不因减少应得的份额而对Bait ul-Mal有失公允。
Defining the levels of richness, middle class and poverty is referred to the common convention (Urf) and to the knowledge of experts. In this regard the Khalifah appoints people from the experts to distinguish between the rich, the middle class and the poor so as to put the levels of richness, middle class and poverty, and to suggest the value of Jizya for each category. Thus the Khalifah would use this as the premise to decide the amount of the Jizya in a way that he does not overburden the Ahl az-Zimma nor charges them beyond their capability, and does not deal unjustly with the Bait ul-Mal, by reducing its due right..
收取贾兹亚的时间
Time for the Collection of the Jizya
人头税(Jizya)在年终时到期,每年征收一次。年度的开始以穆哈兰姆月的开始为准,以祖勒黑哲月的结束为终。为了在次年穆哈兰姆月到来之前完成征收,可以将一年的最后三个月,即闪瓦鲁月、祖尔-القعدة月和祖勒黑哲月,指定为缴纳人头税的期限。这样,对所有人而言,年度的起止都是统一的,而不是为每个人另定一个特殊的时间。这种安排使征收与收取既精确又便利。 将选派专门的征收人员负责征收人头税,并在战利品与哈拉only(Kharaj)的Diwan(官署)中的人头税部门为他们指定一个专门的部门。他们的供给和薪酬应从公库(Bait ul-Mal)支出,而不是由受保护的人(Zimmah)承担。征收人员不得向人们多收应缴纳的数额;多收者应依法受罚,因为这种多收属于不义,在审判日会成为黑暗。此外,被盗取的财物也会使盗窃者坠入火狱。同样,征收人员在收取人头税时不得殴打或折磨受保护的人,因为先知ﷺ禁止这样做。 希尚·本·欧尔瓦传述,他从父亲那里得知:欧麦尔·本·哈塔卜在从沙姆返回的路上,经过一些人,这些人被迫站在烈日下,头上被浇着油。他问道:“这些人是怎么回事?”人们回答说:“他们没有缴纳应付的人头税,所以他们被折磨,直到缴纳为止。”欧麦尔说:“他们怎么说?他们不缴纳人头税的理由是什么?”人们说:“他们说:‘我们没有钱。’” 他说:“放过他们吧,不要强迫他们负担他们无力承担的。因为我确实听安拉的使者(愿主福安之)说过:‘不要折磨人,因为在今世折磨人的人,安拉会在审判日惩罚他。’”于是(欧麦尔)下令释放了他们。另有传述称,安拉的使者(愿主福安之)任命阿卜杜拉·本·阿尔喀姆负责向齐穆人征收的吉玆亚。他离任时,使者(愿主福安之)又叫住他,说:“凡是欺压受盟约保护者(Mu'ahid),或强迫他承担超出其能力的负担,侮辱他,或未经其同意取走他的任何财物,我将在审判日与这个压迫者争辩。” 凡自称贫困的齐穆人,要求他证明其贫困;如果他证明了,便给予宽限,直到他有余裕的时候。但如果他没有证明,并且证实他是拖延者,那么就将他监禁,留在狱中直到他缴纳吉玆亚。使者(愿主福安之)曾监禁拖欠债务的人。吉玆亚不得加重征收。即使过了两年或更久没有缴纳,也不能加征,而且应当结清该数额,正如债务必须偿还一样。齐穆人的资产不得变卖来缴纳吉玆亚。吉玆亚并未规定必须用金或银。吉玆亚可以用金或银缴纳,也可以用货物或牲畜缴纳,或者折算其等值的价值来收取。 在关于穆阿兹被派往也门的圣训中提到,使者(愿主福安之)命令他从每个成年的齐穆人那里收取一第纳尔,或者等值的“穆阿菲尔”,即衣物。使者(愿主福安之)还与奈加兰人订立了和约,约定他们每年缴纳两千件衣物,其中一半在赛法尔月缴纳,另一半在赖哲卜月缴纳。 而欧玛尔过去也像正统哈里发一样,以牲畜和谷物而非第纳尔和迪尔汗来收取人头税。为了在当今时代便于征收、保存和分配,允许以流通货币征收人头税。 人头税的支出 穆斯林之间没有分歧:人头税的支出与战利品(Fai')的资金,即哈拉吉和什一税的支出方式相同。因此,它被存入公库(Bait ul-Mal),并根据穆斯林的利益,用于真主(SWT)之道,由哈里发依据其见解和伊吉提哈德(Ijtihad)来决定支出,以照management穆斯林事务并维护其利益。
The Jizya is due on the passing of the year, and it is taken annually. The beginning of the year is defined by the start of Muharram and it is concluded by the end of Dhul-Hijja. In order to accomplish the collection before the arrival of Muharram of the following year, it is possible to specify the last three months of the year i.e. Shawwal, Dhul-Qi’ada and Dhul-Hijja as the appointed time for the payment of the Jizya. Thus, the year is fixed at the beginning and end for everyone, rather than making a special time of the year specific for each person. This arrangement achieves precision and ease in levying and collection Specific collectors will be chosen to collect and levy the Jizya and a certain section will be specified for them in the Department of Jizya in the Diwan (office) of Fai’ (war booty) and Kharaj. Their provisions and salaries will be from Bait ul-Mal and not from the people of the Zimmah. The collectors are prevented from taking anything more than the obliged amount from the people, and the increase in this is subject to punishment by law, because such an increase is injustice which is considered as darkness on The Day of Judgement. Also it is property stolen by the collectors and stolen property leads to the Hell-Fire. Similarly, the collectors are prevented from beating or torturing the people of Zimmah during the collection of Jizya as the Messenger (saw) prohibited this. Hisham b. ‘Urwa narrated from his father that ‘Umar b. al-Khattab passed in the road of Ash-Sham, while returning from his journey from Ash-Sham, by people who had been forced to stand in the sun with oil being poured onto their heads. He said: “What is the situation of these people?” They said: “They have not paid Jizya due on them. So they are tortured till they pay it.” ‘Umar said: “What do they say and what is their excuse is for not paying the Jizya?” They said: “They say, ‘We do not have it.’” He said: “Leave them and do not impose upon them what they cannot afford, for verily I heard the Messenger of Allah (saw) say: “Don’t torture the people, as the one who tortures them in this world will be punished by Allah (swt) on the Day of Judgement.” He (‘Umar) ordered that they be released. And it was related from the Messenger of Allah (saw) that he appointed Abdullah b. Arqam over the Jizya of the people of Zimmah and when he was leaving, he called him back and said: “Surely, whoever oppresses a person under covenant (Mu’ahid) or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e the oppressor), on the Day of Judgement.” The one who claims poverty from the people of Zimmah, he will be requested to prove his poverty; if he proves it he is granted a respite until a time of ease. But if he does not prove it and it is proved that he is a procrastinator then he is imprisoned and left in prison until he pays the Jizya. The Messenger (saw) has imprisoned procrastinators of debts. There is no superimposition of Jizya. Even if two years or more passed without payment, they do not superimpose and it is obligatory to settle the amount as it is obligatory to settle the debt. The assets of the Zimmi are not sold to pay off the Jizya. Gold and silver are not specified for Jizya. It is allowed that Jizya be in gold or silver and it is allowed to be goods or animals, or it is allowed to take its equivalent value. It was mentioned in the Hadith when Mu’adh was sent to Yemen that the Messenger (saw) ordered him to take one Dinar from each mature person of the people of Zimmah or its equivalent in “Mu’afir” i.e. in garments. The Messenger (saw) also concluded a peace treaty with the people of Najran over two thousand garments of which they give half in Safar and the other half in Rajab. And ‘Umar used to take grazing livestock and grains for Jizya instead of Dinars and Dirhams as did the righteous Khulafa’a. In order to ease collection, preservation and distribution in these days it is allowed to collect the Jizya in the circulating currency. Expenditure of Jizya There was no difference among Muslims that Jizya is spent the same way as the funds of the Fai’ (war booty) i.e. the Kharaj and tenths, are spent. So, it is placed in Bait ul-Mal and funds are spent from it according to the interests of the Muslims and carried in the way of Allah (swt), as viewed by the Khalifah, according to his opinion and Ijtihad in looking after the affairs of the Muslims and in discharging of their interests.