On lIe Ovigins and BeveIopnenl oJ lIe Meaning oJ zaIl in EavI IsIan
AulIov|s) SuIinan BasIeav
Souvce AvaIica, T. 40, Fasc. 1 |Mav., 1993), pp. 84-113 FuIIisIed I BRILL SlaIIe UBL http://www.jstor.org/stable/4057202 . Accessed 03/04/2011 1228 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=bap. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. BRILL is collaborating with JSTOR to digitize, preserve and extend access to Arabica. http://www.jstor.org ON THE ORIGINS AND DEVELOPMENT OF THE MEANING OF ZAKAT IN EARLY ISLAM BY SULIMAN BASHEAR Introduction HE INFORMATION provided by Muslim sources on zakdtlsadaqa (poor-tax/rate, almsgiving), which eventually emerged as one of the "pillars" (arkdn) of classical Islam, has been outlined by modern scholars. While the voluntary vs. obligatory nature of zakdtlsadaqa and their interchangeable occurrence in these sources were considered, it has also been noted that, in the time of the Prophet, these were still vague regulations and did not represent taxes demanded by religion. Widely circulated reports concerning the refusal of certain Bedouin tribes to pay zakdt after the Prophet's death as they considered their agreements with him cancelled by that, as well as 'Umar's inclination to agree with this, and the fact that only Abuf Bakr made it a permanent institution, were brought in support of such an assessment.' The basic difference between sadaqa, which was primarily applied to the supererogatory, and the obligatory nature of zakdt, has also been noted.2 And the eventual emergence of alms as an obligatory duty in Islam led one scholar, H. Grimme, to the suggestion that Muhammad "should be treated as a social rather than a religious reformer. "3 R. Bell, in turn, gave weight to the fact that the order to pay zakdt occurs in "Meccan passages" of the Qur'an and noted that such occurrence comes "only in the sense of alms and volun- tary giving to the poor, as much for the purification of the giver's 1 J. Schacht, s.v. "Zakat" in Encyclopaedia of Islam, first edition, IV, 1202-4; H.A.R. Gibb andJ. Kramers, eds., Shorter Encyclopaedia of Islam, Leiden 1974, pp. 654-5, and the sources cited therein. 2 E. Lane, Arabic-English Lexicon, repr. Beirut 1980, IV, p. 1668. 3 H. Grimme, Mohammed, Miunster 1892, quoted by Tor Andrae, Mohammed, the Man and His Faith, London 1936, pp. 101-2; and R. Bell, The Origin of Islam in its Christian Environment, London 1926, p. 79. Arabica, tome XL, 1993 ZAKAT 85 soul as for relief of the needy. "4 Concerning the institution of zakdt, which is nowhere regulated, J. Schacht cautiously pointed to the fact that Muslim sources place it in Medina between the years 2 and 9 A. H., while R. Bell sounds more confident when saying that "its beginning belongs to the first year or two in Medina and was motivated by the circumstances of the poorer Muhajiriun and necessities of the state. "5 Scholars also disagreed concerning the similarity between and possible origins of zakdt and sadaqa in parallel institutions and cognate words from the vocabulary of other religions in the area. R. Bell held that "the word zakdt is Syriac and therefore Chris- tian", but J. Schacht and others expressed the view that it was bor- rowed from Jewish usage of Hebrew-Aramaic zdktt.6 And the same was held concerning sadaqa as a transliteration of the Hebrew seddka which originally meant "honesty". We are also told that, as applied by the Pharisees for what they considered the chief duty of the pious Israelites, namely almsgiving, the proper sense of this word, which is voluntary or spontaneous "charity", was still retained at the time of the coming of Islam and elsewhere.7 One scholar, H.P. Smith, held that Muslim tazkiya in the sense of purification of property corresponds to a similar notion expressed in Deuteronomy 14:28, though, later, zakdt emerged as a regular tax of the Muslim State.8 C.C. Torrey, in turn, expressed the view that zakdt and sadaqa are loan words from the North Semitic languages, corresponding in particular to Aramaic zakuit and sidakta and Hebrew sidaka, respectively. The Aramaic words, he held, originally meant "purity" and were used by both Jews and Chris- tians in the sense of "virtuous conduct". To this he added the view that "the latter term (sidakta) was widely used in Aramaic speech to mean alms."9 4 R. Bell, Introduction to the Qur'dn, Edinburgh 1953, p. 166. Cf. also M. Hudgson, The Venture of Islam, Chicago 1974, p. 181. 5 J. Schacht, p. 1203; R. Bell, ibid. 6 J. Schacht, p. 1202; H.A.R. Gibb andJ.H. Kramers, p. 654. Compare, how- ever, with A. Jeffery, Foreign Vocabulary of the Qur'dn, Baroda 1938, p. 153, where it is stated that neither of the Aramaic or Syriac cognates seem to have ever meant alms, though this meaning could easily be derived from them. 7 H.A.R. Gibb and J.H. Kramers, ibid. 8 H.P. Smith, The Bible and Islam, N.Y. 1897, p. 313. 9 C.C. Torrey, The Jewish Foundation of Islam, N.Y. 1933, p. 141. 86 SULIMAN BASHEAR For all the investigation of the origins and development of zakdt in early Islam, the subject is far from being satisfactorily concluded. In an attempt to contribute to it, we propose to open with a closer examination of the material provided by Arabic lexical sources as well as a comparative enquiry into cognates from other Semitic languages. This, we hope, will help to elucidate some of the parallel aspects of this institution which existed in other religious cultures and in early Islam. In order to follow the possible continuity of such legacy and the development of the Muslim institution of zakdt, a closer examination of the Qur'anic material on it will also be con- ducted. Special attention will be paid to Qur'an IX: 103 as well as other scriptural instances which are believed by Muslim scholars to have established the duty of zakdt in Islam. Besides the traditional material on its nature, the circumstances of levying it and other related issues, we shall also examine the Halakhic aspects of the above-mentioned positions associated with the names of Abuf Bakr, 'Umar I and other early Muslim figures. However, one thing must be made clear at the outset. The present study is an enquiry into the initial religious meaning of the concept of zakdt and not into the views concerning the varying amounts and portions out of the dif- ferent properties from which it was levied. Lexical and Scriptural Indications to a Pre-Islamic Legacy Arabic lexical and other sources point to several meanings given to abstract nouns derived from the root ZKA/I/W. Zaka' was inter- preted by al-Khalil b. Ahmad as growth and increase, especially if applied in reference to planting (zarc); a notion reiterated by several later sources.10 Ibn Durayd adds to this the meaning of a tax (itcP) levied by God upon the crops (ma yukhrijuhu l-lahu tacdld mina 1- thamar)."I As for zakat, one of the meanings given by al-Khalil and Azhari is saldh in the sense of validity.'2 From Jawhari one can 10 Al-Khalil b. Ahmad (d. 175/791), Kitab al-cAyn, Baghdad 1982, V, 394; Ibn Durayd (d. 321/933, Kitab Jamharat al-Lugha, Haydarabad 1345/1926, III, 17; Azhari (d. 370/980), Tahdhfb al-Lugha, Cairo 1964, X, 319-20, quoting Ibn al- Anbdrd; Ibn Faris (d. 395/1004), Mu5jam Maqdyts al-Lugha, Cairo 1368/1948, III, 17; Jawhari, Taj al-Lugha wa-Sihdh al-cArabiyya, Cairo 1282/1865, II, 482. Cf. also Ibn Qutayba (d. 276/889), G/arib al-Hadfth, Beiruth 1988, I, 25; Sarakhsi, al- Mabsiz, Cairo 1324/1906, II, 149. l Ibn Durayd, ibid. 12 Al-Khalil, V, 394; Azhari, X, 319. ZAKAT 87 gauge the difficulty of philologically relating zakdt to the second stem, zakkd. For, the abstract noun which he gives for paying zakdt is tazkiya wich he notes can also denote praise. One notes also that he adds the meaning of charity associated with the fifth stem, tazakkd which he equates with tasaddaqa.13 The other meaning given by al-Khalil, his contemporary, al- Layth b. Sa'd (d. 175/791) and later lexicographers for zakdt is "purification" (tath&r). From the usual wording of such an inter- pretation, however, one feels that zakdt in this sense is applied exclusively to whatever is levied on property (wa-l-zakdtu zakdtu 1- mdli wa-huwa tathiruhulwa-yuqdlu: al-taharatu zakdtu l-mdli).'4 Azhari, Ibn Faris and Jawhari try to harmonize the main two meanings by saying that purifying the property causes it to grow and increase. One also notes that behind such morally inclined reasoning by Ibn Faris and Jawhari stands Qur-an IX: 103 which orders the Prophet to levy a sadaqa on properties for the aim of purification using the phrase tutahhiruhumltutahhirhum wa-tuzakkdhim biha.'5 And Sarakhsi in particular clearly reflects the main current in Qur'anic exegesis when he says that zakdt is called as such because, according to Qur'dn IX 103, it purifies its payer from sins (li-annaha tujahhiru sahibaha Cani l-dtham).16 Against this background, it will be interesting to examine the meanings given to cognates from some Semitic languages. A quick glance at words derived from the roots ZKA/H/I/W in all these languages as well as in Sumerian, shows that they bear basically two meanings: purity and exemption from the payment of taxes. The word zakutu is originally Sumerian and reappears in Akkadian texts in the senses of cancelling taxes due to the king and right being granted by the king and relating to setting people free. Note that in Akkadian in particular, this word occurs also in contexts of free- ing people from acts and payments due to the gods."7 13 Jawhari, II, 489. 14 Al-Khalil, V, 394; Azhari, X, 319 quoting Layth; Ibn Faris, III, 17. 15 Ibn Faris, ibid.; Jawhari, II, 489. 16 Sarakhsi, II, 149. More on this verse, below. 17 W. Winefeld, Trial andJustice in Israel and Among the Peoples, Jerusalem 1985, pp. 82-3, 167 (in Hebrew); K.H. Gordon, Before There Was the Bible, Tel-Aviv 1966, p. 36. For the comparative search into this as well as the other Semitic languages throughout this section I was helped by 0. Ifrati to whom I owe a debt of gratitude. 88 SULIMAN BASHEAR From the root ZKH in Assyrian is derived the word zaku in the senses of being pure, clean and shining as well as free from com- mitments. Uzakki means to declare one free from commitments, while zakuta occurs in texts of the same language in the sense of: being free from payment of tithes due to the gods, an agreement, a judgement, a declaration of the independence of cities and regula- tions and laws relating to land properties. 18 And Uzakki in Ugaritic texts indicates freeing a town from works due to the king. 19 Phoeni- cian words derived from the roots ZK and ZKA are used in the sense of "pure", while ZKI of the same language occurs also in the senses of being not guilty and free of charge.20 The root ZKH in Gecez denotes purity,2" while in Tigre and Gurage the word zakat means both a tax paid to the local chief and a present.22 In Amharic, however, words derived from the same root denote food either begged for by poor students or given by rich people to the poor and the priests.2" And a similar meaning, of charity for the poor, as well as a tax, is derived from the Sabaean root ZKW.24 The senses of being innocent, declared not guilty in court and pure, are often born also by Syriac and Imperial Aramaic words derived from the roots ZK/H/I/W. Besides, such words in Syriac are used also in the senses of to be victorious, overcome, occupy and rule by force.25 And the same can be noted about Hebrew 18 W. Muss-Arnolt, Assyrisch-Englisch-Deutsches Handwdrterbuch, Berlin 1986, I, 277-9. 19 C.H. Gordon, Ugaritic Manual, Part 3: Comprehensive Glossary, Roma 1955, p. 261. 20 Cf. Z.S. Harris, A Grammar of the Phoenician Language, Philadelphia 1936, p. 99; Ch.-F. Jean and J. Hoftijzer, Dicti.onnaire des Inscriptions Sernitiques de l'ouest, Leiden 1965, p. 76. 21 W. Leslau, Concise Dictionary of Gecez, Wiesbaden 1987, p. 637. 22 W. Leslau, Etymological Dictionary of Gurage, Wiesbaden 1979, III, 705; idem, North Ethiopic and Amharic Cognates in Tigre, Napoli 1982, p. 85. 23 W. Leslau, Concise Amharic Dictionary, Wiesbaden 1976, p. 183. 24 A.F.L. Beeston, M.A. Ghul, W.W. Muller and J. Ryckmans, Dictionnaire Sabeen (Anglais FrancaisArabe), Beyrut 1982, p. 170; B.J. Copeland, Dictionary of Old South Arabic Sabaean Dialect, Chicago 1982, p. 159. 25 Cf. J. Payne Smith, ed., A Compendious Syriac Dictionary, Founded Upon the Thesaurus Syriacus of R. Payne Smith, Oxford 1903, p. 115; M.H. Goshen-Gottstein, A Syriac-English Glossary, Based on Brockelmann's Syriac Chrestomathy, Wiesbaden 1970, p. 21; A.J. Darham, Darham's Dictionary of the Stabilized and Enriched Assyrian Language and English, Chicago 1943, p. 145; L.B. Costaz, Dictionnaire Syriaque- Francais, Syriac-English Dictionary, Beyrouth 1963, pp. 87-8; Ch.-F. Jean and J. Hoftijzer, op. cit., p. 76. ZAKAT 89 cognates occurring in the Old Testament as well as Talmudic and Midrashic Hebrew.26 Note also that the adjective zakay (from the root ZKH) occurs in the Old Testament, Micah 11/6 in the sense of one who is proved innocent when charged with cheating, while in Psalms 76/13, 119/9, Proverbs 20/9, Isaiah 16/1 and Daniel 23/6, the senses conveyed are: being clean, morally clean and not guilty.27 And once in the Talmud, the same root is applied in the senses both of payment of a monetary fine and an obligatory poor tax.28 Against the background of such a rich pre-Islamic legacy, it is interesting to note that a few of the Qur'anic verses which order to perform prayer and give zakdt actually address the Children of Israel. Such are the cases of Qur'an II:43, 83 and 1 10. And the fact that these verses explicitly order the Jews to pay zakdt seems not to have constituted any serious problem for Muslim scholars. In his commentary on Qur'an II:110, the philologist Abui cUbayda (d. 210/825) for example, says only that the phrase "wa-dtu l-zakdta" means give it (ay a Ctli)29. Qurtubi (d. 667/1268) does not comment upon the fact that Qur'an II:43 addresses the Jews and only notes that while most scholars understood it as meaning the usual zakat ordained upon Muslims, Malik b. Anas (d. 179/795) was reported as holding that rather the charitable alms given after breaking the fast (sadaqat al-fitr) was the one meant.30 From another source we learn that support to this latter view was reported also by Abiu Ijayyan al-Taymi (Yahya b. Sacid b. Hayyan, Kafan d. 145/762) from al-Harith al-CUkli (b. Yazid al-Taymi, death date unknown).31 Two different views were associated with the name of Ibn cAbbas concerning the phrase "wa- dtui l-zakdt" of Qur'an II:43. One, through Muc'wiya b. Salih (Uims, d. 172/788) cAll b. Abi Talha (al-Jazari who lived in Hims, d. 143/760), says that zakat here 26 A. Even-Shoshan, The New Dictionary, Jerusalem 1969, II, 670-72 (in Hebrew); Y. Steinberg, The Bible Dictionary, Hebrew and Aramaic, Tel-Aviv 1960, p. 205. 27 S. Radi, The New Dictionary of the Bible, Jerusalem 1989, I, 132 (in Hebrew); Y. Steinberg, The Bible Dictionary, Hebrew and Aramaic, Tel-Aviv 1960, p. 205. 28 The Babylonian Talmud, Qiddushin 27/(a). 29 Abu cUbayda, Majdz al-Qur'dn, Cairo 1988, I, 51. 30 Qurtubi, Tafsfr, Cairo n.d., I, 292. 31 Ibn Abi Hatim (d. 327/938), Tafsir, Riyad 1408/1987, I, 150. 90 SULIMAN BASHEAR means obedience and loyalty to God (IdCatu l-ldhi wa-l-ikhl1&u lahu).32 However, through Abui Rawq ('Atiyya b. al-HIirith, Kiifan, death date unknown) Dahhak (b. Muzahim, Khurasini, d. 102-6/720-4) we learn that Ibn cAbbas held that the zakdt meant here is the one which God ordained the Children of Israel to give out of their pro- perties. And one variant of this tradition explains that such an order was a sunna different than the sunna of Muhammad, namely that the former was a sacrifice which the Children of Israel used to make and that a fire used to descend from heaven and carry it away as a sign that it was accepted by God.33 Qatada (d. 117-8/735-6) and Hasan al-Basr1i (d. 110/728) are reported to have held that zakdt in both Qur'an II:43 and 83 is an ordinance exactly like the prayer (saldt) with which it was coupled (faridatdni wajibatdn).34 But this fact, which Mujahid (d. 102-3/720- 1) too was reportedly well aware of, I does not seem to have con- stituted a problem for the exegetes or even most of the later com- mentators. From both Muqatil b. Hayyan (d. 150/767) and Muqatil b. Sulayman (d. 150/767) we learn that at least Qur'an 11:43 contains an order to the Jews/var., ahl al-kitab to pray with the followers of Muhammad and to pay the latter zakdt on their proper- ties (amarahum anyu'ti 1-zakdtayadfaci'nahd ild n-nabiyyi(y)).36 Tabari, who expresses a similar understanding of this verse, adds that, hence, the Jews were ordered to submit to God and His Messenger, i.e. Muhammad, as the Muslims did (wa-anyakhdaci7 li-l-ldhi wa-li- rasuilihi kamd khadaczi).3 Zamakhshari and Nasaff say only that they were ordered to perform the same prayer and pay the same zakdt of the Muslims (yacni saldta l-muslimfna wa-zakdtahum).38 The comments made by other late scholars are equally interesting. Ibn cArabi (Abu Bakr, d. 543/1148) raises the possibility that the Jews were ordered by Qur'an I:43 to pay the same zakdt because it is known in all religions (wa-yuhtamalu an 32 Tabari (d. 310/922), Tafsfr, Cairo 1954, II, 297-8; Ibn Abi Hatim, ibid. Cf. also Tabarsi (d. 548/1153), MajmaC al-Baydn, Beirut 1957, I, 337. 33 Tabarl, ibid.; Tabarsi, ibid. 34 Tabari, I, 572-3; Ibn Abi Hatim, I, 150, 259. 35 Mujahid, Tafsfr, Beirut n.d., I, 83. 36 Ibn Abi Hatim, I, 149-50; Muqatil b. Sulayman, Tafszr, Ms. Saray, Istan- bul, III Ahmet, 74, I, 9(b), 16(a), 19(b). 37 Tabari, I, 572-3. Cf. also his II, 506 concerning Qur'an II:110. 38 Zamakhshari (d. 528/1133), al-Kashshdf, Cairo 1354/1935, I, 66/ Nasafi (d. 701/1301), Mad&irik al-TanzFl, Beirut n.d., I, 45. ZAKAT 91 yakiiniu umirui bi-z-zakdti li-annahd ma'liimatun Jt kulli dinin mina 1- adydn).39 R5zi (d. 606/1209) and Baydlaw1 (d. 685/1286) say that addressing the Jews by this verse proves that Muslim religious laws apply to unbelievers too (wa-dhdlikayadullu cald anna l-kuffara mukha/- tabiiza bi-furiuci sh-shard)i).40 Qur'an II:83, however, means for Baydawi that the prayer and zakdt mentioned there are the ones ordained upon the Jews but only according to their religion (yuridu md furida calayhim ft millatihim), i.e. not the Muslim duties.41 Qur'an IX:33 warns the believers against most of the religious leaders of Judaism and Christianity (al-ahbdr wa-l-ruhbdn) who unjustly eat people's properties", etc.42 To this, Qur'an IX: 34 adds a warning of severe torture against those who accumulate gold and silver (wa-l-ladhTnayaknizi7na dh-dhahaba wa-l-fiddata ...) and do not spend it in the way of God. From the exegetical material on these two verses one feels that the very reading of the conjunctive waw" between them (in wa-l-ladhfna) was itself a matter of inter- pretation as both verses were presented as referring to those who do not pay zakdt from among the adherents of Judaism and Chris- tianity as well as the Muslims. Moreover, some of the traditions cited in reference to Qur'an IX:34 in particular, point to the involvement of cUmar I on behalf of those who were rebuked by it from among the followers of Muhammad, a notion which con- stitutes part of such role which, as we shall see below, was strongly associated with the name of cUmar. To begin with, connecting this verse with the order to pay zakdt was based on several prophetical traditions which interpret kanz (lit. treasure) as any property whose zakat is not payed (kullu md lam tu 'adda zakituhufahuwa kanz). Such traditions were transmitted from the Companions Ibn cUmar (through both Nafic, d. 117-20/735-7, and cAtiyya, poss. al-cAwfi) and Ibn cAbbas (through cAli b. Abi Talha) as well as reported from cIkrima (d. 104-7/722-5), Shacbi (d. 103-10/721-8), Hasan al-BasrI and Suddli (d. 127/744).43 Also 39 Ibn CArabi, Ahkim al-Qur'dn, Beirut 1972, I, 20-1. 40 Razi, Mafidth al-Ghayb, Cairo 1308/1890, I, 325; Baycdwi-, Anwdr al-Tanzil, Lipsiae, 1845, I, 56-7. 41 Bayd.awi, I, 70. 42 For the translation, see A.J. Arberry, The Koran Interpreted, London and N.Y. 1955, I, 211. 43 Tabari, XIV, 219, 225; Tabarsi, X, 53: Baghawl (d. 516/1122), Sharh al- Sunna, Beirut 1983, V, 478; Suyiiti (d. 911/1505), al-Durr al-Manthur, Beirut 1983, 92 SULIMAN BASHEAR Muqatil held the same view." And from one source we learn that the early fourth century al-JubbaiP (d. 303/915) said that on this matter there was a consensus (yima).45 As for the question who were those referred to by this verse, two main currents can be discerned. One says that it warned against the Jewish ahbdr and Christian ruhbdn/var., ahl-al-kitib who did not pay zakat, and the second held that it included the Muslims too because of the conjunctive waw, as noted above. From a unique tradition, one can gauge that this reading with waw aimed in the first place at presenting the whole verse as referring to both ahl al-kitib and Muslims. According to this tradition, cAlba' b. Ahmar, who was a "reader" (qiri') of the Qur'an, active in early to mid-second cen- tury Basra (exact death date unknown), said that when cUthman b. cAffan ordered the canonical Codex to be written down people wanted to omit the waw, but Ubayy objected and threatened to fight for it and thus, it was retained.46 In spite of such "interpretative reading", to use J. Wansbrough's terminology,47 both cAbbas (through a family line of cAtiyya al-cAwfi) and Dahhak are reported to have held that this verse referred to both ahl al-kitab and Muslims.48 Suddi, in turn, is said to have held that the part of the verse which begins with "wa-l- ladh/na" refers to the Muslims (lit., people of the qibla).49 And cAta' is said to have transmitted a view similar to this latter one from Ibn cAbbas.50 A clear expression of the two conflicting currents over the applicability of this verse comes in the form of a reported debate between Mucawiya and Abu Dharr, a debate which is said to have determined the personal future of the latter. According to one tradi- tion, when asked by Zayd b. Wahb about the reason for which he was banished to al-Rabadha, Abu Dharr explained that it was his IV, 176-8. Cf. also Nasafi, II, 124. For a unique view reported from al-Baqir (d. 114-8/732-6), see al-Qummi (d. 326/939), Tafsir, Najaf 1386/1966, I, 289. 44 Muqitil, I, 153(a). 45 Tabarsi, X, 53. 46 Suyfii, Durr, IV, 178-9, quoting Ibn al-Dirris. 47 For the view that Qur'anic "reading" is actually a matter of exegesis, see his Qur'dnic Studies, Oxford 1977, p. 226. 48 Tabari, XIV, 225; WaIhidi (d. 468/1075), Asbalb al-Nuzzll, Beirut n.d., p. 184; Suyuti, Durr, Iv, 178, quoting Abui al-Shaykh (d. 369/979). 49 Tabari, XIV, 219; Suyiati, Durr, IV, 179, quoting Ibn Abi Hatim; Wihidi, p. 183; Qurtubi, IV, 2963. 50 Wahidi, p. 184. ZAKAT 93 conflict with Mu'awiya over the applicability of Qur'an IX:34. We specifically learn that when Abiu Dharr recited this verse, with its warning against those who accumulated gold and silver from among the Muslims (an implied reference to the Syrian governor, Muc'wiya and his aristocratic Umayyad clan), Muc'wiya defended himself by claiming that this verse was revealed only concerning ahl-al-kitab. However, because Abui Dharr persisted in his criticism, Muc'wiya complained to the Caliph, cUthman b. cAffan and the latter banished the "rebellious Companion" to al-Rabadha. As for the isndd of this tradition, we notice that its main reporter from Zayd b. Wahb was Husayn b. cAbd al-Rahman (Kiifan, d. 136/753) from whom it was circulated in the late second century by Warqa' (b. Umar, Kfifan, exact death date unknown), Hushaym b. Bashir (Wasit, d. 183/799) and Ibn Idris (cAbd Allah ? , Kulfan, d. 1 92/807).51 Tabarl cites a similar tradition of Abul Dharr albeit without the element of Zayd's enquiry. It was reported in a maqti' form by Abiu Bishr (Jacfar b. Abi Wahshiyya/b. Iyas, Wasiti, d. 123-31/740-8) and circulated from the latter by the link: Ibn Idris Ashcath (b. Sacid, Basran, d. ca. 150/767) and Hisham (unidentified).52 From Qurtubi we learn that the view associated with the name of Muc'wiya was put forward by as late as al-Asamm (Abui al-cAbbas, d. 346/957) implying that unbelievers too are required to comply with the orders of Muslim sharica.ss Finally, Nasafi only says that the verse may have referred to either ahl al-kitab or the Muslims.54 An Act of Cleansing the Guilt Occasionally, other verses were also presented as urging repay- ment of zakat or invoked by traditions including such urging. These traditions were associated with the names of Ibn Masci'd, Ibn cAbbas, Abil Hurayra, Shacbi, al-Baqir and Suddi concerning the phrase "al-ladhina yabkhalzina" of Qurlin III: 180.55 Other tradi- 51 Mujahid, Tafsfr, Beirut n.d., I, 277 (where Warqa"s tradition does not state Mucawiya's name and says instead: "then, a man said ..."; Tabari, XIV, 227-8; Qummi, I, 52 (where no isnad was provided); Wah.id!, p. 183; Qurtubi, IV, 2963. 52 Tabarl, ibid. Qurtubi, IV, 2963. 54 Nasafi, II, 124. 55 Ibn Maja (d. 275/888), Sunan, Cairo 1952, I, 568-9; Nasd'i (d. 303/915), Sunan, Cairo 1987, V, 11-2; Tabarani (d. 360/970), al-Mu5jam al-Kabfr, Baghdad 94 SULIMAN BASHEAR tions, associated with the names of 'All and Ibn 'Umar, interpret the word "al-ma'un" of Qur'an CVII:7 as zakct and sadaqa.56 And similar isolated traditions connect Qur'an XLI: 7 and III:144 with urging to pay zakdt and Abu Bakr's decision to fight against those who refused to do so, respectively.57 Shafici (d. 204/819) notes Qur'an III:180, IX:34 and IX: 103 as verses connected with ordaining the payment of zakdt, but does not express any preference between them.58 From two fourth century sources we uniquely learn that both cIrak b. Malik (Medinese, d. 101-5/719-23) and cUmar II held that Qur'an IX:34 was actually abrogated by Qur'an IX: 103.59 Indeed, this latter verse is the one most often cited as regulating the order to pay zakdt, a fact which justifies a detailed examination of the exegetical and traditional material on it. To begin with, Qur'an IX: 103 orders the Prophet to extract sadaqa from certain people in order to purify them of their guilt, using the verbs tutahhiruhum wa-tuzakkfhim to denote such an aim. The ones referred to by this verse are anonymously hinted at in the preceding one, Qur'an IX: 102, as having committed bad deeds, and the whole Qur'anic complex conveys the sense of sadaqa not as charity but rather as a fine levied in order to purify from guilt. Indeed, Razi, in his above-mentioned commentary on Qur'an II:43, puts forward this notion as an alternative meaning of zakdt by referring to Qur'an IX:103.60 The narratives often cited concerning the actual occasion on which this verse was revealed, differ on the names and number of those meant by it, as well as on the circumstances in which they committed their sin, their repentance and related issues. The 1983, IX, 261-2; Baghawi (d. 516/1122), Sharh al-Sunna, Beirut 1983, V, 478; Tabarsi, IV, 283. 56 Cf. 'Abd al-Razzaq (d. 211/826), Tafszr, Ms. Diir al-Kutub, Cairo, Taf- sfr/242, 136(b); A. Mah.iyiri, Tafsfr Sufydn b. cUyayna (d. 198/813), Cairo 1983, p. 349; Majlisi (d. 1111/1699), Bihir al-Anwar, Beirut 1983, XCIII, 29; Ibn cAsakir, (d. 571/1175), Terikh, facs. ed., Amman 1988, IX, 693. 57 cAbd al-Razzaq, 125(b); Ibn cAsakir, III, 43; but compare with Tabari, VII, 251-60, where no such connection is made. 58 Shaficl, al-Umm, Beirut 1980, II, 3. Cf. also al-Shaykh al-$aduiq, Jamic al- Akhbdr, lithog. ed. 1310/1892, p. 99. 59 Ibn Abi Hatim and Abil al-Shaykh, quoted by Suyuiti, Durr, IV, 179. Com- pare, however, with Ibn Maja, I, 569-70, where a similar notion was associated rather with the name of Ibn cUmar. 60 Rizi, I, 325. ZAKAT 95 number of sinners varies between one and ten according to the dif- ferent traditions which relate the whole affair, with the name of Abfi Lubaba, Marwan b. cAbd al-Mundhir al-Ansdri often said to have been the central figure in it. From Ibn CAbbas, )alibk, Qatada, Zuhri (d. 124/741) and Ibn Zayd (d. 182/798), we learn that the sinners concerned were those who did not join the Prophet (takhallafzu) for the campaign of Tabuik and that they were ten in number. Zayd b. Aslam (Ibn Zayd's father, Medinese, d. 136/753), however, says that their number was eight. Qatada, in turn, is reported to have also advocated the number of four, while to others were attributed the views that the actual number was variably six, five, three or only one person, Abui LubTba.6' But the element of Tabilk does not seem to have stuck well into this nar- rative before the mid-second century Muqatil, Ibn Zayd and some figures of the generation which reported from the "students" of Ibn cAbbas. More often than not we are merely told that the verse was revealed concerning Abui Lubaba and his associates (nazalat ft abf lubdba wa-ashdbihd) who tied themselves to the pillar (sdriya) of the mosque as a sign of repentence, and were untied by the Prophet only when Qurc'n IX: 102 was revealed. Then they came to the Prophet offering him their property by which they hoped he would purify their sin. However, the Prophet, we are told, refused to take it until Qur'an IX: 103 was revealed. Mujahid is cited as holding that the affair of Abul Lubaba's guilt and repentance occurred rather when he informed Banfi Qurayza, who were besieged by the Prophet, that they were about to be executed.62 And as cited by Bayhaqi, Sacid b. al-Musayyib (d. 93- 100/711-8) was reported to have combined the two occasions in which Abfu Lubaba committed such sin, i.e., Tabuik and Banfi Qurayza, in one tradition.63 However, a cross-examination of a few other sources reveals some serious gaps in connecting the Banui Qurayza affair with the verse under consideration. Muqatil, for example, records the treacherous behaviour of Abui Lubaba in the 61 Cf. Muqatil, I, 159(b); 'Abd al-Razzaq, 53(b); Tabarl, XIV, 454-6; Wahidi, p. 195; Ibn cArabi, II, 1010; Razi, IV, 507; Qurtubi, IV, 3081; Nasafi, II, 143; Abul Hayyan (d. 754/1353), al-Bahr al-Muh4t, Cairo 1328/1910, V, 94; Suyfiti, Durr, IV, 275, quoting Tabari, Ibn al-Mundhir (d. 318/930), Ibn Abi Hatim, Ibn Wardawayh (d. 410/1019) and Bayhaqi's (d. 458/1065) Dald'il al-Nubuwwa. 62 Qurtubi, IV, 3081; Abui Hayyan, V, 94. 63 Quoted by Suyfiti, Durr, IV, 276. 96 SULIMAN BASHEAR Affair of Banui Qurayza in his commentary on Qur'an VIII:27 and does not mention the Prophet's taking of sadaqa out of his property on that occasion.64 Qummi, in turn, cites a tradition of al-Baqir which claims that Qur'an IX: 103 was indeed revealed when Abfu Lubaba repented following the affair with Banui Qurayza and that he offered all of his property to the Prophet, but the latter took only one third of it.65 But the same notion of extracting only one third of Abui Lubaba's property on that occasion was forwarded by an anonymous tradition cited in Wahidi's commentary on Qur'an VIII:27.66 As for the Sira compilation of Ibn Hisham (d. 213-8/828- 33), we notice that the tradition of Ibn Ishaq (d. 150/767) does not mention the revelation of either verse or the extraction of sadaqa on Abiu Lubaba's property following the affair of Banui Qurayza. Here Ibn Hisham resorts to hadith sources on the matter. But note that on the one hand he cites a tradition with the isndd: Sufyan b. CUyayna (d. 198/813) - Ismaill b. Abi Khalid (d. 146/763) cAbd Allah b. Abi Qatada (Medinese, d. 99/717), which says that it was Qur'an VIII:27 that was revealed on that occasion. On the other hand, Ibn Hisham quotes unspecified hadfth scholars (bacd ahl al-'ilm) who say that Qur'an IX: 102 was revealed concerning Abui Lubaba's repentance, but fails to mention the extraction of any sadaqa from his property on that occasion.67 The legal roots and implications of these discrepancies are worth noting. They can be gauged from the way Malik b. Anas (d. 179/795) is reported to have used the tradition on the Prophet's extraction of one third of Abul Lubaba's property. For, as noted by Ibn cArabi and Qurtubi, this tradition was reported from Malik by Ashhab (b. CAbd al-cAzlz, d. 204/819), Ibn al-Qasim (CAbd al- Rahman, d. 191/806) and cAbd Allah b. Wahb (d. 197/812), and on its basis the Maliki legal school ruled to extract one third of one's property as a sadaqa. As against this, the Shafici and Hanafi rites put forward a tradition according to which the Prophet told another repenter, Kacb b. Malik, to keep an unspecified amount of his pro- perty and, hence, they contradicted the ruling concerning the extraction of one third. Needless to say, from the way the whole 64 Muqatil, I, 143(b). 65 Qummli, I, 303-4. 66 WIidi, pp. 175-6. 67 Ibn Hisham, al-Sfra al-Nabawiyya, Beirut 1975, III, 143-4. ZAKAT 97 issue was tackled by Ibn 'Arab! in particular, it is clear that what remained for Muslim scholars was to argue whether the Abui Lubaba tradition was a sahTh one.68 Probably more important from the point of view of the develop- ment of zakdt, was the question whether Qur'an IX: 103 was to be considered as the verse which ordained it as the Muslim regular duty or just a sadaqa of repentance (al-kaffdra) levied specifically from the sinners concerned. The information provided by our sources points to 'Ikrima and Juwaybir (d. 140-50/757-67) Ibn cAbbas as holding the former view while the latter was associated with the name of Hasan al-Basri.69 We are also told that Malik tended to accept this latter view which has some implications con- cerning the refusal by certain Bedouin tribes of the regulation of zakdt on its basis and their claim that this was a particular case of levying sadaqa personally by the Prophet from those who sinned.70 To this last point we shall come back in the section on the ridda (apostasy). One must note here that the position of the exegetes (ahl al-tafsfr) and most legal scholars (al-fuqah/d) that this verse implied the ordaining of regular zakdt upon the Muslims, had to face the more general meaning implied by it, i.e. that the aim of zakatlsadaqa was the purification of sins. And this difficulty is clearly reflected in the variant reading of tutahhirhumltathuruhum in reference to either the Prophet or to the sadaqa itself as the purifier of sins.71 Also noteworthy is the second part of verse IX: 103 in which the Prophet was ordered to pray for those who pay the sadaqa (wa-salli calayhim inna saldtaka sakanun lahum). Ibn Qutayba (d. 276/889) understands prayer here as supplication (ducdY).72 From the exegetical commentaries on this verse we learn that whenever zakdtlsadaqa was paid, the Prophet prayed for the cleans- ing/forgiveness of the donor's sins. In the words of Tabari, what was meant by it was that "your (= Muhammad's) supplication and request for their forgiveness is tranquillity (tuma'nina) to them 68 Cf. Ibn 'Arab!, II, 1011; Tabarsi, X, 134; Qurtubi, IV, 3081. 69 Razi, IV, 507-8; Qurtubi, IV, 3082. 70 Qurtubi, IV, 3083. 71 Zaijjj (d. 311/923), Maceinfal-Qur'an wa-ICribuhu, Beirut 1988, II, 467; Ibn cArabi, II, 1010; Tabarsi, X, 134; Razi, IV, 508-9; Nasafi, II, 144; Abuf Hayyan, V, 95; Baydawi, I, 400. 72 Ibn Qutayba, Gharfb al-Hadith, Beirut 1988, I, 15. 98 SULIMAN BASHEAR that God has forgiven them and accepted their repentance" (inna du'daaka wa- stighfdraka tuma'ninatun lahum bi-anna i-ldha qad 'afd 'anhum wa-qabila tawbatahum). For this he relies on a tradition of Ibn cAbbas (from the family line of cAtiyya al-cAwfi) which interprets wa-salli calayhim" as "request on their behalf for forgiveness of the sins which they committed." The same was attributed to Ibn cAbbas by IbnJurayj (d. 150/767) as well as reported from Dahhak and forwarded by Muqatil.73 And Abui cUbayda, Ibn Qutayba, Zajjaj and some later scholars understand "prayer" in this case as supplication (ducdY), mercy (rahma) and forgiveness (maghfira).74 Clear support for this notion comes from the hadith genre in the form of a widely circulated tradition associated with the name of the Companion cAbd Allah b. Abi Awfa. It attributes to the latter the saying that the Prophet used to pray for people from whom they brought their sadaqdt and that once he made such a prayer on behalf of cAbd Allah's father, Abuf Awfa.75 From one source we uniquely learn that the Companion Bashir b. al-Khasasiya from the tribe of Saduis advised a certain relative of his, named Dalsam (possibly Daysam al-Sadiisi) to ask the collectors of sadaqa to pray for him as stated in Qur'an IX: 103 explaining that this would safeguard against ill treatment by the latter.76 However, the isndd information and certain variations in the tradition of Ibn Abi Awfa provides a better ground for dating. From such information one can easily conclude that the one responsible for circulating this latter tradition 73 Tabari, XIV, 454-6; Suyuit1, Durr, IV, 281, quoting Ibn Abi HIatim, Muqatil, I, 159(b). 74 Abiu 'Ubayda (d. 210/825), Majdz al-Qur'an, Cairo 1988, I, 268; Ibn Qutayba, Ta'wil Mushkil al-Qur'dn, Cairo 1973, pp. 460-1; idem, Tafstr GharTb al- Qur'dn, Beirut 1978, p. 192; Zajjaj, II, 467; Baghawi, Sharh, V, 486; Zamakhshari, II, 170-1. 75 Tayalisi (d. 204/819), Musnad, Beirut 1406/1985, p. 110; CAbd al-Razzaq (d. 211/826), Musannaf, Beirut 1983, IV, 58; Ibn Hanbal (d. 241/855), Musnad, Cairo 1313/1895, IV, 353, 355, 381, 383; Bukhri- (d. 254/868), $aht.h, Beirut 1981, II, 136; Muslim (d. 261/874), $aih4, Beirut n.d., III, 121; Ibn Maja (d. 275/888), Sunan, Cairo 1952, I, 572; Ibn Qutayba, Mushkil, p. 461; Nasa7i (d. 303/915), Sunan, Cairo 1987, V, 31; Ibn al-Jariud (d. 307/919), al-Muntaqa Min al-Sunan, Beirut 1987, p. 150; Tabarani (d. 360/970), al-Mujam al-Kabfr, Baghdad 1983, XVIII, 10; Bayhaql (d. 458/1065), al-Sunan al-Kubra, Beirut 1986, IV, 157; Baghawl, Sharh, V, 485; Tabarsi, X, 133-4; Ibn Hajar (d. 852/1448), Buluigh al- Mardm, Beirut 1982, p. 145; Suyu-ti, Durr, IV, 281, quoting Ibn Abi Shayba (d. 235/849), Bukharl, Muslim, Ibn Maja, Abui Dawiud, Nasa'i, Ibn al-Mundhir (d. 318/930) and Ibn Mardawayh (d. 410/1019). 76 Suyiiti, Durr, IV, 282, quoting Ibn Mardawayh and al-Baru-di's Marijfat al-Sahdba. ZAKAT 99 was the mid-second century ShuCba b. al-Hajiaj (d. 160/776). And this is indirectly supported by an isolated report cited by the early cAbd al-Razzaq which seemingly aimed to contradict the notion of supplication made by the collector on behalf of the payer of sadaqa. According to it, Ibn Jurayj (d. 150/767) asked 'Ata' (b. Abi Rabah?, d. 114/732) whether he had heard of any such supplication being made in accordance with Qur'an IX: 103, and the latter's answer was in the negative.77 However, cAbd al-Razzaq's contem- porary, ShMfici, is quoted as having stood in favour of making such supplication and even as developing a certain formula of it which conveys a trace of the element of purification, though the element of guilt committed by the payer is not mentioned. "May God", it says, "recompense you for what you have given, make it a purifier, and bless what you have kept" (uhibbu an yaqula l-wdlz cinda akhdhi s-sadaqatz: ajaraka l-ldhu ft-md actayta wa-jaCalahu tuhu-ran wa-baraka laka ft-ma abqayta).78 The Ridda Context and the Abui Bakr-cUmar I Controversy In an isolated tradition bearing the name of the Companion Abui Umama al-Bahili, Thaclaba b. Habib al-Ansari is said to have refused to abide by Qur'an IX: 103 and, when asked by the Prophet to pay sadaqa, considered it as equal tojizya, saying: "by God, this is but a sister to jizya" (wa-l-ldhi mad hddhihi illd ukhayyatu l-jizya).79 However, what seems to be a better reflection of cases of refusal to pay zakat and of considering it as a fine (maghram) is Qur'an IX:98 which is wholly dedicated to blaming certain Bedouins for that. One notices that most commentaries understand the payment referred to by this verse as the requested sadaqa saying that Bedouins used to pay it hypocritically and fearfully (riya'an wa- taqiyyatan) without believing in any recompensation (thawdb) by it and hoping that the Muslim rule (ghalaba) would pass away. In some sources, the notion is forwarded that the payment meant here is aimed also for the purpose of jihd.d80 From other ones we learn 77 'Abd al-Razzaq, Musannaf, IV, 57. 78 Zamakhsharl, II, 170-1; cf. also Bayhaql, Sunan, IV, 157; Tabarsi, X, 133-4. 79 Tabarani, al-Mu'jam al-Kabfr, VIII, 260-1. 80 Cf. Muqatil, I, 158(b); Fayr-azabadi (d. 817/1414), Tanwfr al-Miqbas Min Tafsfr Ibn CAbbds, Beirut n.d., p. 127; Ibn Qutayba, Tafsfr, p. 191; Zamakhshari, II, 168; Tabarsi, X, 124-5; Qurtubi, IV, 3073; Nasafi, II, 142; Baydawi, I, 399. 100 SULIMAN BASHEAR that Dahhak and Suddi understood the requested payment as sada- qdt extracted from properties or what is spent "in the way of God" (fi sabfli 1-ldhi).81 But probably more revealing is the notion for- warded by Ibn Zayd that the Bedouins referred to used to make such payment hypocritically in order to avoid being raided and fought against and, hence, considered their spending as a fine (maghram).82 Farra' (d. 207/822) and Zajjaj are quoted as saying that the hypocritic Bedouins used at the same time to wish that the Muslims and their Prophet die or be killed in order to be freed of the payment which they considered merely as a fine without any recompensation.83 And warning against such an attitude comes in the form of two unique prophetical traditions, though the ones referred to by them are not explicitly said to be Bedouins. In one, associated with the name of Abui Hurayra, the Prophet urges people not to forget the recompensation of zakdt which, he explains, is earned by asking God to consider it as booty (maghnam), not a fine (maghram).84 The second, attributed to the Prophet through a family line of Ja'far al-Sadiq (d. 148/765) says that considering zakdt as a fine is one of the ominous signs for the end of times (ld taqiimu s- saCatu hatta takuina ... z-zakdtu maghraman).85 But the widest coverage of cases of Bedouin tribes who refused to pay zakdt was traditionally related to the period of the ridda wars after the Prophet's death. This led several western scholars, like Wellhausen, Caetani, Brockelmann and others to emphasize the socio-political and economic revolt of these wars, belittle their religious motives and even question the very applicability of the term "apostasy" to them.86 Others, like Wensinck and Kister, doubted the authenticity of the traditional reports especially on the positions attributed to Abui Bakr and 'Umar I, while they con- sidered them as indicating that the obligation of paying zakdt to Abuf al-Shaykh and Ibn AbiI Hatim, quoted by Suyati, Durr, IV, 267. 82 Tabari, XIV, 431; Suyu-ti, Durr, IV, 267, quoting Ibn Abi Hatim. 83 Quoted by Tabarsi, X, 124-5. 84 Ibn 'Asakir, VII, 452. 85 Majlisi, XCIII, 28. 86 J. Wellhausen, Das Arabische Reich und Sein Sturz, repr. Berlin, 1960, pp. 14-5; C. Brockelmann, History of the Islamic Peoples, N.Y. 1947, pp. 45-6. For Caetani's view, see A.J. Wensinck, Muslim Creed, Leiden 1932, p. 12. See also B. Lewis, The Arabs in History, London 1958, p. 51; M.A. Sha'ban, Islamic History, a New Inter- pretation, Cambridge 1971, pp. 19-23; E. Shoufani, Al-Ridda and the Muslim Con- quest of Arabia, Beirut 1972, pp. 10-47, 71-106. ZAKAT 101 the rulers was questioned as late as the second century A. H., but still emphasized the socio-economic and political rather than theological motives behind the ridda wars.87 Of the scholars who highlighted the religious aspects of the ridda wars, mention may be made of M.W. Watt and E. Landau-Tasseron, though the former did so because he accepted the traditional Muslim view on the matter. 88 All this justifies a further examination of the reports on the motives for the refusal to pay zakdt after the Prophet's death as well as other related issues. One may recall here the information, briefly noted above,89 that Malik b. Anas tended to accept the rationale for such refusal during Abui Bakr's reign, namely that the imperative verb khudh of Qur'an IX: 103 applied personally to the Prophet and that, since the latter was the only one empowered by God to levy zakdt in return for making the prayer and invocation to purify the payers, such a condition ceased to exist with his death; hence, the duty to pay zakdt to his successor does not apply. Also of importance is the fact, noted by Kister, that, following Shafici, some scholars differentiated between two different kinds of murtaddiin: those who renounced Islam completely and followed the "false prophets", and those who adhered to Islam, were ready to perform prayer but refused only to pay zakdt, saying that, according to Qur'an IX: 103, only the Prophet was empowered to purify them in return. 90 Clearly, as Kister rightly notes, the question at stake, at least for the Shica, was recognizing Abiu Bakr's authority after the Prophet, a fact testified by a poetical verse usually cited in this context and alternatively attributed to al-Hutay'a, his brother, al-Khutayl b. Aws, Haritha b. Suraqa al-Kindi and possibly others 87 Wensinck, pp. 13-4; M.A. Kister, "... illa bi-haqqihi ....", Jerusalem Studies in Arabic and Islam, 5 (1984), 51-2. 88 E. Landau-Tasseron, Aspects of the Ridda Wars, unpublished Ph.D. disserta- tion, the Hebrew University ofJerusalem, 1981, pp. 3-4; W.M. Watt, Muhammad at Medina, Oxford 1956, pp. 147-8. 89 See note 70, above. 90 Kister, pp. 35-6. Cf. Shafili, al-Umm, Cairo 1322/1904, IV, 135; al-Busti (d. 388/998), Mac'lim al-Sunan, Halab 1933, II, 5-6; Ibn cArabi, II, 1006-7; Ibn Abi al-Hadid, Sharh Nahj al-Baldgha, Cairo 1963, XVII, 210; Baghawi, Shark, V, 491; Qurtubi, IV, 3083; Ibn Kathir (d. 774/1372) al-Biddya wa-l-Nihdya, Cairo 1932, VI, 311. See also Ibn Actham al-Kilfi (d. 214/829), Kitub al-Futiih, Beirut 1986, I, 14, where such differentiation is made without mentioning Qur'an IX: 103. 102 SULIMAN BASHEAR too.9' It is worth noting that, as cited by one source in a report car- ried by a clear Syrian line of isndd, this verse was placed in the con- text of Abui Bakr's dispatch of Khalid b. al-Walid to reinforce the Muslim forces of occupation in Syria.92 But it is probably more important to note, as E. Landau-Tasseron has, that there is nothing in the verse which implies that only the political and not the religious authority of Abui Bakr was challenged. Actually, one verse of the poem could be taken to imply that the rebels considered the prayer of purification which they expected in return "as sweet or even sweeter for them than dates" (wa-inna l-ladhi sacaliikumu fa- manaCtumu, la-ka-t-tamri aw ahld ladayhim mina t-tamri). Another important element which figures centrally in the reports on the refusal to pay zakat by the ridda people was cUmar's initial opposition to Abui Bakr's decision to fight them in spite of the fact that they were ready to profess the testimony of faith (shahada) and perform prayer. But before conducting a detailed examination of these reports note must be made of a few traditions which attribute to cUmar a certain opposition to the enforcement of paying the zakdt also during the Prophet's lifetime. They are unusually cited in the context of interpreting the above-mentioned Qur'an IX:34 and bear the names of the Companions Ibn cAbbas and Thawban as well as that of the Successor Salim b. Abi al-Jacd (d. 97-101/715- 9). From Ibn cAbbas we hear through the link: Jacfar b. Iyas (Abuf Bishr, d. 123-31/740-8) Mujahid. We are told that when Qur'an IX:34 was revealed, people complained that they could leave nothing for their children to inherit. cUmar spoke on their behalf and the Prophet explained that zakdt was ordained so that the remainder of their property be purified (li-yalfba bihd amwdlukum) 91 Kister, pp. 38-40, notes 15, 16, 19. 20. This verse usually opens with saying: ataCnd rasuila 1-lihi ma kdna baynand, fa-yd la-cibddi 1-lahi ma- li-abi bakri. For the variant wording and attribution of it, see al-Hutay'a, Dfwan, Cairo 1958, pp. 329-30; Shaficl, IV, 134; Ibn Actham, I, 49; al-Busti, II, 4; al-Baghdadl, Khizdnat al-Adab, Cairo 1967, II, 408, quoting Ibn Qutayba; Ibn cAbd al-Barr, al- Tamhfd, Rabat 1974, IV, 232; al-Mawardi, al-Ahkdm al-Sultdniyya, Cairo 1282/1880, pp. 54-5; Ibn Abi al-Hadid, XVII, 211-2; Yaqut, Mu jam al-Bulddn, Leipzig 1867, II, 286-7; Ibn Kathir, VI, 313. Cf. also the sources cited by Kister, p. 35, n. 9, and E. Landau-Tasseron, pp. 131-2, n. 113. 92 Bayhaqi (d. 458/1065), al-Sunan al-Kubrd, Beirut 1986, VIII, 178, the full line of isnad being: ... Yacquib b. Sufyan (al-Fasawl, d. 277/987) - Abiu al-Yaman al- Hakam b. Nafic (Hims, d. 211-2/826-7) - Safwdn b. cAmr (Himsi, d. 155/771) cAbd al-Rahman b. Jubayr b. Nufayr (d. 118/736). ZAKAT 103 and that the properties which they leave behind were safeguarded by the laws of inheritance (al-mawdrfth).93 The Thawban and Salim b. Abi al-JaCd traditions are almost identical in content. They do not explicitly refer to zakdt and say only that when this verse was revealed people complained by wondering what kind of property they were allowed to acquire. We are also told that, in answer to 'Umar's enquiry the Prophet said that the best kind of property is "a tongue to admonish God, a heart to thank Him, and a good/believing wife to help one in the matters of his religion. " A close look at the isndd of these traditions reveals that they were basically transmitted from Salim and that the chain of Thawban was added to the line only in some variants reported from Salim by Mansuir b. al-Mu'tamir (d. 132/749), 'Amr b. Murra (d. 116-8/734-6) and a certain Muhammad b. 'Abd Allah al-Muradi. Note also that when the tradition is reported from Man- suir and CAmr by either Thawri (d. 161/777) or al-ACmash (Sulayman b. Mihran, d. 145-8/762-5), then the isndd line ends with Salim b. Abi al-JaCd.94 Coming back to 'Umar's opposition to Abu Bakr during the ridda wars, one notes that it usually takes the form of attributing to the Prophet the saying that he was ordered to fight people until they profess that there was no God but Allah, and that from the moment they pronounce such a statement, their blood and properties would be safeguarded except for the rights due on them, with God being the only one to whom they should account (umirtu an uqdtila l-ndsa hattdyaquluz la ildha illd 1-ldh, fa-idha qdliiha casamui minni dimadahum wa- amwdlahum illd bi-haqqihal wa-4hisdbuhum (ald 1-ldh). As against this, Abu Bakr is usually quoted as swearing to fight against those who distinguish between prayer and zakdt, the latter being the right due out of property, even if it was only a camel's rope which they used to pay to the Prophet (wa-l-ldhi la-uqdtilanna man farraqa bayna l-saldti wa-l-zakdti, fa-inna l-zakdta haqqu 1-mdli, wa-l-ldhi law manaCuini ciqdlan kdnu yu 'addtinahu ild rasuili 1-ldhi la-qdtaltuhum calayhz). Roughly speaking, such reports were attributed to Anas, Ibn cUmar, AbM Hurayra, Jabir and other Companions as well as 93 Bayhaqi, ShuCab al-Iman, Beirut 1990, III, 194; Qurtubi, IV, 2965, quoting Abu Dawuid (d. 275/888). 94 Thawrl, Tafsir, Beirut 1983, p. 123; Ibn Hanbal (d. 241/855), Musnad, Cairo 1313/1895, V, 278, 282; Tabari, XIV, 220-3; WMhidi, p. 184; Tabarsi, X, 53; Suyiti-, Durr, IV, 176-8. 104 SULIMAN BASHEAR reported from Successors in mursal forms and come within different contexts and variations. The ones relating 'Umar's position usually conclude with his saying that he was convinced by Abui Bakr. Noting this latter kind of report, Wensinck generally expressed the view that "they were prepared in later times with a view to ques- tions that were then urgent."95 To this, Kister rightly adds the observation that "the precedent of Abui Bakr had to serve as an example for dealing with similar cases of revolt in the contemporary Muslim Empire. " 96 And Landau-Tasseron suggests that those who justified wars against those who refused to pay alms, not only during the reign of Abui Bakr but also in later times, had to identify them as murtaddiin who are worse than just infidels. On the other hand, she says, "the fact that the position of Abui Bakr needed justification points to some objections not only contemporaneous to it but also in later times when the (relevant) traditions crystallized. "97 In order to elaborate further on dating what seems to be a process of turning the payment of zakdt into an obligation, but without going into further details of the ridda wars themselves, a closer examination of the relevant reports is unavoidable. To begin with, according to the tradition associated with the name of Ibn 'Umar, the Prophet says that he was ordered to fight against people until they not only profess the two testimonies of faith but also perform prayer and pay zakdt (4attdyashhadiu ... wa- yuqfmu- 1-saldta wa-yu tk 1-zakdta ...). Note also that this tradition brings the Prophet's statement in its own right, i.e. without the context of Abuf Bakr's policy, cUmar's intervention, or the ridda wars in the first place.98 According to the tradition of Anas, the conditions for not fighting were stated to be professing the two shahddas, facing the qibla in their prayer and eating meat slaughtered according to Muslim law. There is no doubt that this tradition belongs to a later stage of establishing certain criteria concerning who is a believer whom Muslims should not fight and does not relate to zakdt in particular. 95 Wensinck, p. 14. 96 Kister, p. 38. 97 Landau-Tasseron, p. 15. 98 BukhMri, I, 11-2; Muslim, I, 39; Muhammad b. Nasr al-Marwazi (d. 294/906), TaCz4m Qadr al-Saldt, Medina 1406/1985, I, 89-95; al-Busti, II, 10-11; Ibn Manda (d. 395/1004), Kitdb al-Imdn, Beirut 1985, I, 165-6; Baghawi, Sharlh, I, 67-8. ZAKAT 105 Note also that it was transmitted exclusively by the link: Ibn al- Mubarak (181/797) - lIumayd al-Tawil (d. 143/760), and com- paring the stylistic variations in it shows that its literary form was the product of the generation which circulated it from Ibn al- Mubarak.99 One must add that, as such, this tradition does not mention the involvement of cUmar or the ridda context. And though this context is mentioned by an isolated variant of it transmitted from Anas by the link: Macmar b. Rashid (d. 153/770) Zuhri (d. 124/741), the comment of the traditionist Ibn Abi Hatim (d. 327/839) leaves no doubt that this was a confused moulding with another tradition associated with the name of Abui Hurayra, the circulation of which was made through Zuhri too.100 No mention of cUmar's involvement, the ridda context or any conditions apart from the shahdda was made by less circulated tradi- tions associated with the names of the Companions Abui Bakr, Jabir b. cAbd Allah, Jartir al-Bajall, Sahl b. Sacd, Samura b. Jundab, Ibn cAbbas, Abui Malik al-Ashcari, al-Nucman b. BashIr, Mucadh b. Jabal, a certain cousin of a man from Balqin and a mursal report of Ibrahim al-Nakhaci (d. 96/714),101 and the same can be noted for most variants of the widely circulated tradition of Abut Hurayra, transmitted from him by Sacid b. al-Musayyib (d. 93-100/711-8), Abiu Salama b. cAbd al-Rahman (d. 94-104/712-22), Abiu Salih (Dhakwan al-Samman, d. 101/719), al-Hasan (al-Basr1 ?), Ham- mam b. Munabbih (d. 132/749), al-Acraj (cAbd al-Rahman b. Hurmuz, d. 110-17/728-35), cAbd al-Rahman b. Abi cAmra (death date unknown), cAbd al-Rahman b. Yacqfib al-Juhani (death date 99 Cf. Ibn al-Mubarak, Musnad, Riyad 1987, p. 147; Ibn Hanbal, III, 199, 224- 5; Tirmidhi (d. 279/892), Cairo 1934, X, 71-4; Marwazi, ibid.; al-BustY, ibid., quoting Abfu Dawuid; Baghawl, Sharh, I, 69; Abu Nasr al-Ytindrti (comp. in 521/1127), Hadtth, Ms. Zahiriyya, Daamascus, majmzuc/24, p. 91; Haythami (d. 807/1404), Majmac al-Zawa'id, Cairo and Beirut 1987, I, 26; quoting Tabarani's al-Mu'jam al-Awsat with additional variations. 100 Ibn Abi Hatim, cIlal al-Hadtth, Beirut 1985, II, 152-3, 159-60, quoting Abu- Zurca (al-Rdzi, d. 264/878). Cf. also Bayhaql, Sunan, VIII, 177. 101 Muslim, I, 40; Ibn Maja, II, 1295; Marwazi, Tacz4m, I, 95 (cf. also his al- Sunna, Beirut 1988, pp. 49-50, where, owing to an obvious textual confusion, one is led to understand that the ones meant by this statement are the Jews and Chris- tians); Tabarani, al-Mujam al-Kabir, VI, 132; VIII, 382; XI, 201; Abul TThir al- Dhuhall (d. 367/977), IHadtth, Kuweit 1986, pp. 23-4; Bayhaqi, Sunan, VIII, Haythami, I, 25-6, quoting Tabarani's al-Mu5am al-Kabir and al-Mujam al-Awsat and Bazzar's (d. 292/904) Musnad. According to the mursal report of al-Nakhac1, Abui Bakr stated his position invoking Qur'an III:144. See for it Ibn Abi Shayba (d. 235/849), Mu.yannaf, Bombay 1970, III, 114. 106 SULIMAN BASHEAR unknown) and father of Abiu al-CAnbas (Kathir b. CUbayd, death date unknown).102 Note also that the reporter of the tradition of Abui Slih - Abii Hurayra is al-A'mash (Sulayman b. Mihran, d. 145-8/762-5) who reported the same from Abui Sufyan (Talha b. Nafic al-Wasiti, death date unknown) - Jabir. And the fact that Sacid b. al-Musayyib's transmission from Abu Hurayra was reported by Zuhri can also be suggestive concerning the dating of this tradition. For, this is basically different from another variant of a tradition of Abui Hurayra which Zuhri reports from cUbayd Allah b. cAbd Allah b. cUtba b. Masciid (d. 92-9/710-7) where the Prophet's statement is said to have been invoked by cUmar in the context of his controversy with Abui Bakr over fighting against the ridda people. All in all, then, attributing such controversy to Abiu Bakr and cUmar in the context of the ridda is made only by this last variant of Zuhri's tradition which actually opens with the introductory note: "when the Prophet died and Abui Bakr came and the Arabs apostasized ..." etc.. And from Zhuri it was widely circulated by several mid-second century figures like cUqayl b. Khalid al- Umawi, Yahya b. Sacid al-Ansari, Muhammad b. al-Walid al- Zubaydi, Shucayb b. Abi Hamza, cAbd al-Rahman b. Khalid b. Musafir, Muhammad b. Hadar (Khidr), Sulayman b. Kathir, the biographer Muhammad b. Ishaq, Yu-nus b. Yazid al-Ayli and Muhammad b. AbI Hafsa. Comparing the slight variation in its wording suggests that its wide circulation was the product of efforts by people who reported it from this generation in the second half of the second century. Note also that as reported from Zuhri by Macmar b. Rashid, this tradition is presented as a mursal one of cUbayd Allah b. cAbd Allah b. cUtba; when reported by Sufyan b. cUyayna (d. 198/813) it is even a mursal of Zuhri himself; and when reported by Sufyan b. al-Husayn (d. ca. 170/786) it is not clear whether it included the element of the ridda.103 102 Muslim, I, 38-9; Ibn Maja, II, 1295; Tirmidhi, X, 68-9; Abui al-Fawdris al-Zaynabi, Amdlf, Ms. Zahiriyya, Damascus, majmuzi/35, p. 94; Marwazi, Tacz4m, I, 89-95; Tabarani, al-Mu?am al-Awsat, Riyad 1986, II, 158-9; Ibn Manda, I, 508; Tammam al-Razi (d. 414/1023), Fawd'id, Beirut 1989, I, 84-6; Bayhaql, Sunan, I, 38-9, 106; III, 186; IV, 338; VIII, 177, 196, 202; Baghawl, Sharh, I, 65-6. 103 Cf. Ibn Hanbal, I, 11, 19, 35-6; Bukharl, II, 109-10; Muslim, I, 38; Tir- midhi, X, 70-1; Nasali (d. 303/915), Sunan, Cairo 1987, V, 14-5; al-Busti, II, 2; Ibn Manda, I, 164-6, 382; Bayhaqi, Sunan, I, 188; VIII, 176-8. ZAKAT 107 In a few sources, the Abud Bakr-'Umar controversy is brought either without sufficient traditional information or in a form imply- ing a discourse about the position of CUmar.104 Qatada was once reported by Sacid b. Abi cAruiba (d. 156-7/772-3) as placing Abut Bakr's insistence on fighting against people who refused to pay zakdt within the context of interpreting Qur'an V:54. However, though this report hints at a certain opposition to Abut Bakr, it does not specify cUmar or any other companion for it.105 In another uni- que report cited by al-Jahiz (d. 255/868), the opposition to Abu Bakr by invoking the above-mentioned prophetical statement is said to have come from the Ansar and Muhajiru-n.'06 From a family report of Yahya b. Yacmar/Yacmur, we learn that opposition to Abut Bakr was shared by all the Companions of the Prophet except cAll who encouraged him to enforce the payment of zakdt.'07 Various elements of the position of Abui Bakr as well as opposi- tion to him casually occur in a few "historical" reports on the ridda. An isolated one, cited by Ibn Actham, attributes such opposition to the Companion AbM Ayyub al-Ansari in the context of the ridda of Banut Kinda under al-Ashcath b. Qays. Needless to note that at the center of this report stands Abui Bakr's persistence in his position on fighting against those who refused to pay "even a camel's rope which they used to pay to the Prophet''.108 Two similar narratives on the ridda of Banut Kinda were cited by Tabari, Ibn cAsakir and other sources. One of them bears the name of Ibn Ishaq (from cAbd Allah b. Abi Bakr, d. 130-5/747-52), and the other is carried by an isndd ending with Ibrahim al-Nakhaci.109 We notice that in this latter report AbM Bakr refused to accept Banut Kinda's willingness to pray without payment of zakdt, insisted on 104 Shafici, al-Umm, IV, 134; Ibn Hibban, al-Stra al-Nabawiyya wa-Akhbadr al- Khulafd', Beirut 1987, p. 430; Mawardi, al-Ahkdm al-Sultaniyya, Cairo 1298/1880, pp. 54-5; Ibn 'Arabi, al-CAwdsim Min al-Qawdsim, Cairo 1408/1987, pp. 63-4; Ibn Kathir, al-Biddya wa-l-Nihdya, Cairo 1932, VI, 311; Dhahabi, Tdrikh al-Isldm, Beirut 1987, III, 27; al-Muhibb al-Tabari, al-Ryadd al-Nadira, Cairo 1970, I, 175; Suyiti-, Tdrikh al-Khulafd', Beirut 1986, pp. 84-6. Note that the phrase usually applied here "wa-can 'umara" could also be taken to mean "and about 'Umar". 105 Bayhaql, Sunan, VIII, 177-8. 106 Al-Jahiz, al-cUthmanziyya, Cairo 1955, pp. 81-2. 107 Al-Muhibb al-Tabari, 1, 175-6. 108 Ibh Actham, I, 58. For the other cases of refusal to pay zakdt by Qurra b. Hubayra al-Qushayrl and Malik b. Nuwayra al-Tamimi, see his I, 23, 25-6. 109 Tabarl, Tdrikh, Beirut 1967, III, 339; Ibn cAsakir, III, 43; Majlisi (d. 1111/1699), Bihalr al-Anwair, Beirut 1983, XXVIII, 11, quoting TUisi's Amdlf. 108 SULIMAN BASHEAR waging jihdd against anyone who refuses to pay even a camel's rope, and invoked Qur'an III:144 on that occasion. The reports on the refusal of Hadramawt to pay zakat to Abui Bakr bear the names of Sayf b. 'Umar (d. 180/796), Yuinus b. Bukayr (d. 199/814) and Waqidi (d. 207/822). What is common between them all is the element of Abfi Bakr's insistence on pay- ment of zakdt. However, they sharply differ on the issues of opposi- tion to him, the leaders of the rebels, the involvement of Baniu Kinda, the above-mentioned poetical verses on disobedience to Abui Bakr and other minor details."10 The refusal of Banui Tamim and Banfi Hanifa to pay zakdt is mentioned by the reports of Waqidi (from cUqba b. Jubayra), Muhammad b. cAbd Allah and Usama b. Zayd al-Laythi (both from Zuhri) and Muhammad b. cAbd Allah b. cUrwa (from his father).11' However, these reports do not include any reference to the positions of either Abuf Bakr or cUmar or indeed any Qur'anic verse being invoked or poetry uttered on that occasion. From Tabari we hear of two reports by Sayf on the ridda of a confedera- tion of Baniu Asad, Ghatafan an Tay'. We also learn that these tribes sent delegations to Medina proposing to perform prayer but not pay zakdt and that these delegations were sponsored by the leaders there (wujuihu 1-ndsz) except al-cAbbas. However, no men- tion of the invocation of the above-noted prophetical statement on the matter is made in this context, though Abui Bakr's insistence on fighting even for a camel's rope occurs in one of them."12 Finally, there is one report of Sayf (from Hisham b. cUrwa - his father) in which Qurra b. Hubayra complains about the payment of sadaqa which he considers "a tax" (itdwa) and promises that the Arabs woule obey if exempted from it."' 11O Cf. Tabari, Tdrikh, Beirut 1967, III, 339; Ibn CAsakir, III, 37-40; IX, 639; Zaylali (d. 762/1360), Nasb al-Raya, Cairo 1938, II, 342, quoting Waqidi's Kitab al-Ridda. For this last source, see E. Landau-Tasseron, p. 20 and n. 106 in reference to M. Murayni, "Ein neuer Bericht uber die Wahl des ersten Kalifen", Arabica, 25 (1978), pp. 236 ff. " Ibn 'Asakir, V, 555. 112 Cf. Tabari, Tdrfkh, III, 244-6, 258; Ibn Kathir, al-Bidaya, VI, 312. 113 Tabari, Tdrzkh, III, 259. ZAKAT 109 Scholars' Views and Concluding Remarks: This last kind of historical reports on the ridda wars as well as some of the exegetical traditions on Qur'an IX:98 may contain a grain of truth about actual cases in which certain Bedouin tribes resisted the enforcement of paying zakdt and considered it as a tax, fine or even a kind ofjizya. It is striking to note, however, that such reports do not figure at all in the second century theological con- troversies over the obligatory nature of zakdt, which centered on the question of whether those who refuse to pay it should be fought against. Such controversies drew basically upon the hadath material where the two opposite views were attributed to Abui Bakr on the one hand and 'Umar, by invoking the above-mentioned pro- phetical tradition, on the other. An example of such use is the way in which the early Abuf Yiusuf (d. 182/798) cites the above-mentioned tradition of Jabir b. 'Abd Allah, on the conditions for fighting against non-believers, as a basis for the legal ruling concerning one who apostasizes (al-hukmu Jf 1-murtaddi cani 1-isldmi). According to him, this tradition implies that such a person should be requested to repent (yustatdb). From the way the whole issue is presented one can also gauge the existence of an opposite view which relied on another prophetical statement saying: "he who changes his religion should be killed" (man baddala dinahu fa-qtulzihu)."14 And the comment made by Baghawi leaves no doubt that such legal controversy also stood behind the circulation of the traditions of Ibn cUmar and Anas which, as noted above, do give detailed conditions in which a non- Muslim should be combatted. In Baghawi's words, these traditions meant for most scholars (wa-huwa qawlu akthari ahli l-cilm) that the repentance of a zindaq must be accepted though his sincerity should be left to God. However, he says, Malik and Ibn Hanbal added that such repentance should not be accepted from one who conceals his infidelity (ld tuqbalu tawbatu l-kdfiri 1-mustasirri bi-kufrihi).115 A similar use of the widely circulated tradition of Zuhri from cUbayd Allah - Abiu Hurayra, was made by al-Busti. Referring to the phrase "wa-hisdbu hum cala l-ldh", he says that "most scholars" held that an infidel who conceals his unbelief should not be punished if he demonstrates Islam and his repentance should be 114 Abui Yiusuf, Kitab al-Khardj, Cairo 1352/1933, p. 180. 115 Baghawl, Sharh, I, 69. 110 SULIMAN BASHEAR accepted even when he admits that he previously used to conceal disbelief. We also learn that Malik, and possibly Ibn Hanbal too (wa-yuhkd dhdlika aydan 'an ahmad bni hanba), used in turn to reject the repentance of a zindiq. 16 From another source we learn that Ibn Hanbal in particular held that one who does not pay his zakdt should be severely exhorted with the aim of causing him to repent, but no mention of considering him an unbeliever or fighting against him is made.117 And Ibn CAbd al-Barr says that Makhlul (d. 118/736), Hammad b. Zayd (d. 179/795), Wakic (d. 197/812), Shafic1, his student Abui Thawr (Ibrahim b. Khalid al-Kalbi, d. 240/854) and all followers of the Shaficite school understood Abiu Bakr's vow to fight against people who separate between prayer and zakdt as meaning those who do not fulfill either of these two duties. 1" 8 A certain legal use of the Jabir tradition is inherent in the reference of one variant of it to Qur'an LXXXVIII:21-2 according to which the Prophet is told that he is merely a reminder (mudhakkir) and not a forceful ruler (musaylir) except for those who turn away and disbelieve. This variant was reported from Jabir by the link: Thawr1 - Abii al-Zubayr al-Makki (d. 126/743), but does not occur when Abui al-Zubayr is reported by Ibn Jurayj. Note also that such reference to the scripture is absent from another variant of Jabir's tradition reported by the link: al-Acmash Abu- Sufyan, though this variant was cited already by the early Abfi Yfisuf in the context of the Prophet's blame against Usama b. Zayd for killing certain people who professed the shahdda."19 The gradual rise of the concept of zakdt and its institution as an integral part of Muslim creed is reflected in a series of statements attributed to figures from early Islam and usually cited without the context of the ridda wars. One such statement was cited already by Abiu Yuisuf who attributes it to Ibn Masci'd without isndd (using the phrase: "balaghanT can"). According to it, Ibn Masci'd said: "anyone who holds out the zakdt is not a Muslim and if he does not pay it he has no (accepted) prayer" (ma- manicu l-zakdti bi-muslim, 116 Al-Busti, II, 11. 117 Abfu al-Fadl Salih (d. 266/879), Masa'il al-Imam Ahmad b. Hanbal, Delhi 1988, II, 252. 118 Ibn CAbd al-Barr (d. 463/879), al-Tamhid, Rabat 1974, IV, 231. 119 Cf. Abfi Yuisuf, p. 180; Muslim, I, 39; Ibn Maja, II, 1295; Ibn Manda, I, 166-9; Tammam al-Razi, I, 84-6; Bayhaqi, Shucab, I, 38-9. ZAKAT 11 wa-man lam yu'addiha fa-ld saldta lahu). To this Abu- Yuisuf immediately adds, albeit also without isndd, part of the report according to which Aba Bakr threatened to wage a holy war (jihdd) against people who abstain from paying even a camel's rope, etc.'20 Two other early sources, Abui cUbayd (d. 224/838) and Ibn Abi Shayba (d. 235/849), cite a similar statement attributed to Ibn Masctid by the link: Abut Ishaq al-SabilC (cAmr b. cAbd Allah, d. 126-9/743-6) - Abiu al-Ahwas (cAwf b. Malik b. Nadla, d. ca. 80/688). Note however that when the reporter from Abui Ishaq is not his grandson Isradil (d. 160-2/776-8), but Sufyan (al-Thawri ?) then the isnad of it ends with Abut al-Ahwas, i.e. it is not attributed to Ibn Mascuid.l21 Another expression of the gradual rise of the obligatory nature of zakdt, is a statement reported from the Sixth Shici Imam, Jacfar al-Sadiq (d. 148/765) which says that whoever holds out one qfrl.t of the zakdt is neither a mu'min (believer) nor a muslim. 122 Another Shici source associates the name of cAll through a family tradition of al-Sadiq (can dba'ihi) with a prophetical saying that zakat is the arch (qantara) of Islam.'23 Note, however, that almost the same say- ing was attributed to the Prophet through Abui al-Dardad,'24 as well as reported as Qatada's own statement in reference to Qur'an XLI:7.'25 From the group of other statements in which al-Sadiq urged people to pay zakdt, note especially the one in which he says that anyone who holds out may as well die as a Jew or a Chris- tian.'26 Finally, to Kister's observation that the main reasoning behind the Shici position concerning the controversy over the pay- ment of zakdt to Abui Bakr and subsequent Muslim rulers was that the legal authority after the Prophet passed to the Shfic Imams,'27 must be added a parallel debate which seems to have prevailed among Sunni scholars of the early second century around the ques- 120 Abui Yuisuf, p. 80. 121 Abii 'Ubayd, Kitab al-Amwdl, Cairo 1353/1934, pp. 354-5; Ibn Abi Shayba, III, 114. 122 Majlisi, XCIII, 11, quoting Qummi's Tafstr. 123 Majlisi, XCIII, 15, quoting Tiisi's Amadlf 124 Bayhaqi, Shucab, III, 195-6. 125 'Abd al-Razzaq, Tafsfr, 125(b). 126 Majlisl, XCIII, 20. For other statements by al-$adiq, see also Majlisi, XCIII, 18-22, 29; and Tu-si's (d. 460/1067), Amdli, Najaf 1965, II, 304-5. 127 Kister, p. 40, n. 22. 112 SULIMAN BASHEAR tion whether zakdt should be paid to the ruler irrespective of his per- sonal conduct of the view concerning the legitimacy of his rule.'28 * * * To recapitulate, the enquiry conducted above shows that, as presented by Arabic lexical sources, the word zakdt conveys the sense of a payment due on property in order to purify it and, hence, cause for it to be blessed and multiply. A cross-examination of cognate words from most of the languages current in the area in pre-Islamic times, shows that the meanings of purification and examption of taxes were the main ones conveyed by them. There is even enough evidence for a use in the sense of being not guilty in Phoenician, Syriac, Imperial Aramaic as well as in certain Old Testament and Talmudic occurrences parallel to the notion, over- whelmingly attested in the Qur'an and other Muslim sources that zakdt (sadaqa) was paid to the Prophet by sinners in return for his prayer and supplication so that they may be purified. While such evidence does not allow for pointing to zakdt as a loan word from Judaism, Christianity or any other religious culture in particular, and though no affinity between it and any other Semitic cognate word was explicitly recognized or even hinted at in the Muslim sources, note must be made of the fact that the order to pay zakdt in several Qur)anic verses, like II:43 and 110, comes in contexts where the Children of Israel were the ones addressed by it. There is also a strong exegetical current which presents Qur'an IX:34 as referring to "the People of Scripture". We have also seen that these two facts basically did not cause embarrassment to early Muslim scholars. The notion that zakdt in its pre-institutional phase in early Islam was applied as a payment aimed to purify sinners is predominant in the narrative exagesis on Qur'an IX: 103, though there is a wide disagreement concerning the actual "historical" occasion of its revelation and the people involved. In any case, the perception that it was an exclusive role of the Prophet to perform the purification prayer on behalf of the paying sinners was behind the reported 128 This is clear fromn the list of Successors quoted by Ibn Abi Shayba as holding the view that zakdt should be paid to the rulers in any case (man qdla tudfa'u l-zakdtu ild I-sultdnt) as against those who gave a concession (rukhsa) for not paying it in certain cases. Ibn Abi Shayba, III, 156-8. ZAKAT 113 refusal of certain tribes to comply with the same order under Abui Bakr. To this traditional core, the information that 'Umar intervened on behalf of the rebels was added a notion which occurs in a certain current of interpreting Qur'an IX:34 as well. However, our investigation reveals that other second century elaborations were also made in the form of traditions bearing the names ofJabir, Anas, Ibn cUmar and others which aimed at establishing the pay- ment of zakat as one of the criteria for defining who is a Muslim upon whom war should not be waged, and did not originally stem from the core of reports on actual cases of refusal to pay zakdt during the ridda wars. Jerusalem