通过仔细考察那些以武力征服、其居民在缴纳哈拉只（kharaj）的条件下居住其上的土地的实际情况，可以证实：这类土地世代由父亲传给儿子，没有任何圣门弟子或穆斯林对此表示反对。这是确凿的证据，表明哈拉只土地与乌舒尔（ushr）土地一样可以被占有和居住，只是哈拉只土地上可继承的是其永久使用权；其土地本身不被继承，因为它归全体穆斯林所有。至于使用权，欧麦尔·本·哈塔ブ（愿真主喜悦他）同意其居民永久拥有这些使用权，直至世界终结。使用权是可以拥有和居住的，使用权的所有者可以对其进行各种处置，如买卖、抵押、遗赠及其他形式的处置。
By careful examination into the reality of the land conquered by force and which its inhabitants reside upon on condition that they pay kharaj upon it, it is witnessed that this land has been inherited by sons from the fathers, generation after generation, without (any) rejection from any of the Sahabah or any Muslim. This is definite evidence that kharaji land is inhabited like ushri land, except that what is inherited in kharaji land is its permanent benefit; its neck is not inherited as it is owned by all Muslims. As for the benefit, Umar bin Al-Khattab (ra) consented to its inhabitants owning its permanent benefits to the end of time. The benefit is owned and inhabited, and the owner of the benefit can dispose in it via all types of dispositions of trade, pledge, bequest and other types of dispositions.
这是一个方面。至于第二个方面，屈辱在哈拉吉税中并不确定存在，而只存在于户税（人头税）即吉兹亚之中。这是因为土地的哈拉吉只是由土地所有者支付，作为交换，他获得了对土地使用权（收益权）的同意，从而得以开发土地并从中获益。因此，它并不包含屈辱和顺从的含义，因为它是作为获得收益的代价而支付的。在以收益为代价的情况下，不存在屈辱。你难道没有看到，一个人为了居住房屋或在店铺经营而支付的租金，其中并不存在任何屈辱吗？同样，土地的哈拉吉只是为了获得土地收益的所有权而支付，所以它不被视为屈辱，因此购买哈拉吉土地的人也不会因此而蒙受屈辱。
This is one aspect. As for the second, humiliation is not definite in kharaj but rather it is only in the jizyah on the head of the family because the kharaj of land is only paid by the owner of the land in exchange for consenting him in the ownership of the land’s benefit, thereby facilitating him to exploit the land and derive benefit from it. Accordingly it does not appear in it the meaning of humiliation and submissiveness as it is paid in exchange for a benefit. There does not exist humiliation in exchange for a benefit. Do you not see that the salary paid by a person in exchange for his benefiting with the residence of a house or trading in a shop, that there does not exist any humiliation within it? Accordingly the kharaj of land is only in exchange for owning the benefit of the land so it is not considered humiliation and hence no humiliation is attached to the one who purchases land of kharaj.
第三，被允许留在被征服土地上并在其上缴纳哈拉吉税的不信道者，有可能自己或其家人皈依伊斯兰教。随着他的改变，土地收益的所有权便从不信道者转移到穆斯林手中。随之，哈拉吉税的缴纳者也从不信道者变为穆斯林；事实上这正是已经发生的情况。伊拉克、沙姆、伊朗、埃及等地以及其他被征服地区的人民皈依了伊斯兰教，穆斯林便成为缴纳哈拉吉税的人。哈拉吉土地在穆斯林之间通过买卖、赠予或继承而转让，并无区别，因为穆斯林彼此平等，一个穆斯林的财产与另一个穆斯林的财产并无不同。据此可以明确，哈拉吉土地在穆斯林之间通过继承、交易、赠予、遗嘱或其他方式转让，并无罪过。土地的性质以及其上所应履行的义务，无论土地的所有者是何种类型，无论所有权如何更迭，都将存续到末日，因为它因武力征服而获得的性质不会改变。土地收益所有权从不信道者转移到穆斯林，并不改变这一性质，正如它也不改变其上哈拉吉税的义务一样，因为哈拉吉与被征服的土地相连，其居民被允许留在该地上，而与所有权无关。
Thirdly, the disbeliever who is allowed to remain upon the conquered land who pays kharaj in it has the potential to change into a Muslim, either himself or his family, and with his change the ownership of the benefit of the land will have moved from a disbeliever to a Muslim. With this change the paying of kharaj will have changed from a disbeliever to a Muslim; and this is what happened in practice. The people of Iraq, Sham, Iran, Egypt etc and other from the conquered lands converted into Muslims and the Muslims became the one paying kharaj. And the transfer of kharaji land from a Muslim to a Muslim by sale, purchase, gift or inheritance has no difference regarding it as the Muslims are equal since there is no difference between the property of a Muslim and another Muslim. Accordingly this clarifies that there is no sin in the transferring of the land of kharaj from a Muslim to a Muslim by inheritance, trade, gift, bequest or other (ways). The land’s attribute and what is obliged upon it remains to the Last Hour whoever the type of owner of the land and however the hands of ownership changes because its attribute in its being conquered by force remains to the Last Hour without change. The transfer of ownership of its benefit from a disbeliever to a Muslim does not change this attribute, just as it does not change what is obliged upon it of kharaj since kharaj is linked with the conquered land whose inhabitants were allowed to remain upon it and were not linked with ownership.
拥有土地收益权的人，可以交易这一收益并获得其价款，因为收益是可以出售的，其价值也是应得的。任何人都无权将其从所有者手中剥夺，即便是穆斯林的哈里发也不行。
阿布·尤苏夫说：“凡是伊玛目以武力征服、且他没有主张分割的土地，若他认为让其居民继续持有才有利益，正如欧麦尔·本·哈塔卜（愿安拉喜悦之）对西瓦德之地（位于底格里斯河与幼发拉底河之间及其周边的土地）所做的那样，那么他可以这样做。这是哈拉吉地，此后他不得将其从居民手中剥夺。这些土地是他们的财产，可以继承和交易，他将对其征收哈拉吉。凡是西瓦德之地的总督所允许的事情，后来的哈里发不得推翻，也不得将其从持有者手中剥夺，无论持有者是继承人还是购买者。若某位总督从某人手中夺取土地并分配给另一人，这等同于以武力夺取：被夺取的一方被强行剥夺，另一方则得到了它。伊玛目不得这样做，也不得将穆斯林或与穆斯林订有盟约者的权利分配给任何人；除非是因其对该土地所拥有的应得权利，才可从他手中取走，取走的也仅限于他应得的那部分。”
因此，如果国家因某项穆斯林不可或缺的公共利益，需要征用哈拉吉地，那么国家有义务向土地所有者支付其所拥有的土地收益权的价值，而不是土地本身的价格，因为哈拉吉地的所有者仅拥有土地的收益，而不拥有土地的本体，土地本体属于穆斯林共有。因此，国家有义务向其支付他所拥有之物的价值，即收益的价值，无论数额大小。 它也不能仅限于支付他在土地上所建的建筑或所种的树木的价值，因为这将被视为以武力夺取他拥有的权利，因为他拥有他在土地上所建的建筑和所种的树木，也拥有土地中能够产出的东西及其合法的收益。因此，必须估算所有这些的价值，特别是因为常常出现这样的情况：他以数万元购买了土地，而土地上的建筑和树木却连几百元都不到。所以，将赔偿限定为建筑和树木的价值，是对他的压迫，也是对他权利的忽视。如果国家不支付他土地上所有有益的收益，那就是不公正的没收。这就像任何被购买的利益一样，必须全额支付其价值。
前面所有关于哈拉吉地的规定，仅适用于用于耕种的土地。至于被征服地区的住宅用地，其规定与耕地的规定相反。住宅用地上没有哈拉吉，其本身及收益都归私人所有。这是依据圣门弟子的一致意见（ijma'）。当穆斯林征服伊拉克时，他们首次占据了库法和巴士拉，并将其分配给彼此，于是它们在欧麦尔·本·哈塔卜（愿安拉喜悦他）在位时，经他许可，成为了他们的私有财产，他们拥有其本身及收益。圣门弟子也在其中居住。叙利亚、埃及及其他被征服的地区也是如此。他们没有对其中的任何部分缴纳哈拉吉。这些土地像任何私有财产一样被买卖。同样，除非作为贸易商品持有，否则其上不征收天课。若作为贸易商品，则按贸易商品征收天课。
通过武力征服的土地，由伊玛目决定。如果他愿意，可以像先知穆罕默德ﷺ分配海巴尔那样进行分配。 如果他愿意，也可以让该地仍由其居民持有，并对其征收哈拉只（kharaj），作为穆斯林的战利品，正如欧麦尔（ra）在西瓦德之地（即底格里斯河与幼发拉底河之间及其周边的土地）、叙利亚和埃及所做的那样。他在这些事情上，依照他认为对穆斯林有利的方式行事。
Whoever owns the benefit of the land can trade this benefit and receive its price because the benefit is sold and its value deserved. No one possesses (the right) to depose it from its owner not even the Muslims’ Khalifah. Abu Yusuf said: ‘Whichever land was conquered by force by the Imam and he did not opine its division, and he saw the benefit in leaving it in the hands of its inhabitants just as Umar bin Al-Khattab (ra) did in the lands of siwad (land between river Dajla and Euphrates and surrounding it), then he can do this. It is the land of kharaj, and it is not for him to depose it from them after this. It is their property to inherit and trade in it, and he will place kharaj upon it…all that was allowed by the governors of the land of siwad, it is not allowed for the Khulafaa coming after them to reject this nor depose it from their hand whether an heir or purchaser. If one governor takes land from the hand of someone and allocates it to another, this is equivalent to one seizing by force where one is seized by force and the other receives it. This is not allowed for the Imam nor is it permitted for him to allocate the right of the Muslim or mu’ahid to any person, nor is anything like that taken from his hand except for a right due to him upon it hence what is due to him is taken from it.’ Accordingly if the State needs to take a land from the lands of kharaj for a benefit the Muslims cannot do without, it is obligatory upon it to pay the owner of the land the value of his ownership of the land’s benefit which it took possession of not the price of its neck, because the owner of kharaji land merely owns the land’s benefit not its neck since its neck is owned by the Muslims. Accordingly it is upon it to pay him the value of what he owns which is the benefit whether big or small. Nor is it reduced to paying the value of what he established upon it from buildings or trees as this will be considered as a seizure by force of a right he owns for he owns what he established upon it from buildings and trees and he owns what is within it of its ability to produce and its permitted benefits. So it is obligatory to estimate the value of all that, particularly as it often happens that he bought it for tens of thousands whereas what is upon it from buildings and trees does not even equal tens of hundreds. So restricting to paying the value of buildings and trees is oppression upon him and neglecting of his right. If the State does not pay all that is upon his land of benefit, it will be unjust seizure. This is like any benefit when bought; it is obligatory to pay its value fully. All the preceding rules related to kharaji land are only in the land prepared for cultivation. As for residential land in the conquered lands its rule is contrary to the rule of cultivated land. Residential land has no kharaj upon it and its neck and benefit is owned. This is according to the Ijma’a of the Sahabah. When the Muslims conquered Iraq, they took possession of Kufa and Basra for the first time and divided it between them, so it became private property for them with them owning its neck and benefit in the days of Umar bin Al-Khatab (ra) with his permission. And the Sahabah of the Messenger of Allah (saw) resided therein. Similarly for Sham, Egypt and other conquered lands. They did not pay kharaj upon anything from it. It was sold and bought like any private property. Similarly, there is no zakat upon it except if it is taken as merchandise for trade. At that point zakat of trading merchandise is taken. The land conquered by force is a matter for the Imam. If he wishes, he divides as the Messenger of Allah (saw) divided Khayber. And if he wishes, he leaves it to be retained in the hands of its inhabitants and obliges kharaj upon it as booty for Muslims as Umar (ra) did in the land of siwad (land between river Dajla and Euphrates and surrounding it), Sham and Egypt. He does in that what he sees as benefit for Muslims.
至于停战之地(Dar al-Hudna),是指其居民与穆斯林订立了特定条件停战协议的任何土地。穆斯林有义务履行停战的条件并遵守这些条件,无论条件为何,只要它们符合《古兰经》中的经文以及安拉的使者ﷺ的圣训中那些要求遵守和履行盟约的经文与可靠圣训。
As for the land of truce, it is every land whose inhabitants made truce upon with specific conditions. It is obliged upon the Muslims to fulfil the truce’s conditions and be bound by them whatever they are in conformity with what came in the Book of Allah and the Sunnah of His Messenger (saw) from the ayat and authenticated ahadith which oblige being bound by and fulfilment of covenants.
停战之地依据停战时所约定的条件种类而有不同类型。以停战条件被约定为由穆斯林取得土地、并依照停战条件驱逐其居民离开的情形为一类，正如在白努·纳迪尔的犹太人身上所发生的那样。真主的使者ﷺ在将他们驱逐出麦地那时与他们达成停战，他们可以带走骆驼所能驮载的器皿和财物，但武器除外。这些土地属于真主赐予其使者ﷺ的战利品。这一类的事务交由伊玛目依其认为对穆斯林有利的方式处置。
The land of truce is of types according to the type of conditions agreed upon during the contradicting of the truce. The land surrendered to the Muslims and its inhabitants expelled from it according to the truce condition like it occurred with the Jews of Banu Nadhir. The Messenger of Allah (saw) made truce with them upon expelling them from Madinah, and for them is what the camels carried of utensils and property except for weapons. So it was of what Allah gave His Messenger (saw) as booty. The matter of this type is left for the Imam to dispose in it in the form he sees benefit therein for Muslims.
而那些居民与穆斯林缔结和约的土地,条件是这片土地仍归他们所有,并允许他们居住其中,同时他们须缴纳约定的哈拉吉税。这片土地的所有权与收益,依照和约条款仍归其居民所有,他们可以像买卖其他财产一样交易它:可以出售、寄托、赠予,也可以作为遗产传给继承人。除了和约中所约定的义务之外,他们别无其他负担,而且这项义务不会增加。这种哈拉吉属于吉兹亚的性质。因此,如果这片土地转让给一位穆斯林,他不需要为之缴纳哈拉吉,因为这片土地不属于哈拉吉土地。同样,如果他们皈依伊斯兰,哈拉吉也不再适用于他们,正如皈依伊斯兰者可免缴吉兹亚一样。这与赫吉尔和巴林的土地情况相同,因为赫吉尔和巴林是通过和约而被开辟的,正如艾拉、阿格巴、杜马特·朱恩达勒和阿德拉赫也是通过和约而被开辟的一样。这些城镇曾向安拉的使者ﷺ缴纳吉兹亚。同样的情况也适用于沙姆的城市(恺撒里亚的城市除外)、半岛地区(al-jazirah),以及呼罗珊的全部或大部分土地。因此,这些土地的裁决即是和约的裁决。
And the land whose inhabitants made truce upon on condition it remains property for them and we allow them to reside therein upon their paying specific kharaj. The neck and benefit of this land remains the property of its inhabitants according to the truce conditions and they exchange it like any good they own. They can trade it, place it in trust, gift it and it is inherited from them. There is nothing upon them except what they made truce upon, and this is not increased. This kharaj is of the rank of jizyah. Accordingly if their land is transferred to a Muslim he does not pay kharaj upon it as the land is not land of kharaj. Similarly, if they become Muslim then kharaj does not apply to them just as the jizyah is exempted from the one who becomes Muslim. This is like the land of Hijr and Bahrain. This is because Hijr and Bahrain were opened by truce just like Ayla Al-‘Aqabah, Dumat al-Jundal and Adhrah were opened by truce. These towns paid jizyah to the Messenger of Allah (saw). Similarly the cities of Sham except for the Caesarian ones, the land of the peninsula (al-jazirah) and all the land of Khurasan or most of it. Accordingly their rule was the rule of truce.
至于异教徒与我们达成停战协议的土地，即属于我们的土地，我们允许他们在其中居住，并在其建筑内居住，但需缴纳特定的哈拉只（kharaj）。这类土地的全部裁决与武力征服之地（‘unwa）的裁决相同，其哈拉只也与武力征服之地的哈拉只相同。
And the land upon which the disbelievers made truce upon the land which belonged to us and we allow them to reside in it and its buildings for a specific kharaj. The rule of all this land is the rule of the land of force (‘unwa), and its kharaj is the kharaj of the land of force.