ʿAn Yadin (Qur'ān, IX/29). An Attempt at Interpretation

An-Yadin.pdf «( 'AN YADIN» (QUR'AN, IX/29) An attempt at interpretation PAR M. J. KISTER by commentators of the Qur'an, scholars of Hadit and lexicographers. In recent years F. Rosenthal, C. Cahen and M. M. Bravmann have dealt with this obscure passage 1. The following lines survey some of the Muslim interpretations of the expression 'an yadin and attempt to arrive at a satisfactory conclusion. I Abu 'Ubayda (d. 209 AH) explains the expression 'an yadin as yielding on the part of the subdued by payment (scil. of some tax) under compUlsion 2. AI-Kalbi (d. 146 AH) is said to have interpreted the expression by yamsuna biha, they are to bring the gizya walking 3. This interpretation is quoted as an anonymous opinion by Abu 'Ubayd 4. To Abu 'Ubayd (d. 224 AH) himself is attributed a similar explanation of 'an yadin: the payer would not come riding, nor would he send the gizya by a messenger 5. Abu 'Ubayd records other interpretations: 'an yadin denotes payment of the gizya in cash, or that the payer should stand while the receiver of the gizya remains seated 6. The latter interpretation is recorded by al-Nahhas (d. 338 AH) as an interpretation of a sahabi, al-Mugira b. Su'ba and accepted by 'Ikrima (i.e. the mawla of 'Abd Allah b. al-'AbI. Fr. ROSENTHAL,Some minor problems in the Qur'an, in The Joshua Starr Memorial Volume, pp.68-72 (Jewish Social Studies, Publications no. 5, New York 1953); Cl. CAHEN, Coran IX, 29: Hatta yu'tu l-gizyata 'an yadin wa-hum sagiruna, in Arabica, IX, 76-9; M. BRAVMANN,A propos de Qur'an IX, 29. Hatta yu'tu l-gizyata ... , in Arabica, X, 94-5. 2. ABU 'UBAYDA, Magaz al-Qur'an, I, 256 (ed. F. Sezgin; and see ALGAi?i?Ai?, Ahkam al-Qur'an, III, 122 (Cairo, 1347 AH): and see L. 'A., s.v. ydy THE crucial passage of Sura IX/29 has been variously interpreted (vol. XV, 424, ed. Beirut). 3. 4· 5. 6. L.'A., ibid. K. al-Amwal, p. 54: qala ba'duhum (Cairo, 1353 AH). L. 'A., ibid. al-Amwal, ibid. [2] «( 'AN YADIN » (QUR'AN, IX/29) 273 bas) 1. In fact this interpretation, included in the famous conversation of al-Mugira with Rustum, is recorded by al-Suyuti (d. 9lI AH) 2, but is given not as an explanation of 'an yadin, but of the following phrase wa-hum sagiruna. Ibn al-'Arabi (d. 542 AH) rightly remarks that this explanation refers to wa-hum sagiruna 3; his gloss is quoted by al-Qurtubi (d. 671 AH) 4. AISuyuti records interpretations of early scholars. Qatada (d. lI8 AH) rendered 'an yadin by 'an qahrin, under compulsion. Sufyan b. 'Uyayna (d. 198AH) explains that it denotes payment of the tribute in person, not through a messenger 5. Abu Sinan explains 'an yadin by 'an qudratin, ability (i.e. being able to payor having the ability to collect the tax-the definition is ambiguous) 6. Abu Bakr al-Sigistani (d. 330 AH) records three interpretations: 'an qahrin, by compulsion on the part of the receiver and humbleness on that of the payer, 'an maqdiratin minkum 'alayhim wa-sultanin, strength and power of the receivers of the tribute in relation to the payers, 'anin'amin, as recompense for a favour, i.e. the acceptance of the gizya and leaving their life to them is a favour and kindness 7. Similar explanations are given by Ragib al-Isfahani 8. Abu Hayyan (d. 754 AH) records another explanation of Qatada: the hands of the payers should be lower than the hands of the receivers of the tax 9. Two other explanations recorded by Abu Hayyan are the interpretation of the recompense for favour and the interpretation of the power of the receivers and the humbleness of the payers 10. Three interpretations recorded by Abu Hayyan specially deserve to be stressed: the first one renders 'an yadin, 'an gama'atin. I. 2. al-Nasih wa-l-mansuh, p. 169 (ed. Cairo, 1357 AH). al-Durr al-manlur, III, 228 (Cairo, 1314 AH: reprint offset: Teheran 6. al-Durr al-manlur, ibid. 7. Carib al-Qur'an, p. 158 (ed. MUSTAFA 'INAN, Cairo 1355 AH); see for gizya: ibid., p. 79. 8. al-Mutradat, s.v. yad (Cairo 1324 AH). 9. al-Bahr al-muhit, V, 30 (ed. Cairo, 1328 AH). 10. See AL-NAHHAS, op. cit. ibid.; L.'A., s.v. ydy; NIzAM AL-DIN ALNISABURI, Tatsir gara'ib al-Qur'an, X, 66 (on margin of the Tatsir of ALTABARI, ed. Bulaq, 1327 AH); and see AL-TABARSI, Magma' al-Bayan, X, 44-5 (ed. Beirut). 3. Ahkam al-Qur'an, I, 378 (ed. Cairo 1331 AH). 4. al-Gami'li-ahkam al-Qur'an, VIII, 115 (Cairo, 1358 AH); AL-GAi?i?Ai?, op. cit., ibid.; see AL-SuLI, Adab al-kuttab, p. 215 (ed. BAHGAT AL-ATARI, Cairo 1341 AH). 5. Recorded by AL-NAHHASanonymously, op. cit., ibid.; comp. above n. 5. 1377 AH). 274 M. J. KISTER [3] This would imply that the gizya has to be paid for the whole community; no one would be exempted 1. The second interpretation is that of Ibn Qutayba (d. 276 AH): 'an yadin means mubtadi' an gayra mukafi'in; the gizya is not a remuneration for a favour 2. In the third interpretation, 'an yadin does not refer to the receiver, but to the payer of the gizya. The rendering is: ... until they pay the gizya out of (a situation of) ability and (financial) sufficiency ('an ginan wa-qudratin); as gizya is not collected from the poor 3. AI-Zamahsari (d. 528 AH) explains the expression 'an yadin 4 as referring both to the payer and to the receiver of the tax: referring to the payer it denotes obedience, compliance and submission; referring to the receiver it denotes a powerful, compelling hand 5. Other interpretations quoted by al-Zamahsari are payment from hand to hand and payment as recompense for the kindness that their lives (i.e. of the payers) are spared. Bringing the tribute walking (not riding) is mentioned by al-Zamahsari in his description of the humiliation of the payers in connection with the expression wa-hum sagiruna. Ibn al-'Arabi (d. 542 AH) records 15 interpretations of the expression 'an-yadin: 1. the tribute to be given by the payer standing, while the receiver is seated ('Ikrima); 2.-giving it in person; the tribute is brought walking; 3.-from hand to hand; 4.-out of strength; 5.-openly ('an zuhurin); 6.-payment is made without acknowledgment (by the receiver) being made (gayra mahmudin); 7.-receiving (scil. the payer) a blow on his neck; 8.-being in a posture of humiliation; 9.-being in a situation of financial sufficiency (the payer); 10.-on the basis of a contract; 11.-paying in cash; 12.-admitting that the hands of the Muslims are above their hands (i.e. admitting the superiority of the Muslims) ; 13.-by compulsion; 14.-in recompense of a favour received; 15.-payment not being a recompense for a favour or kindness received 6. The various definitions recorded by Ibn al-'Arabi are controverI. ABU HAYYAN quotes IBN QUTAYBA: 'an yadin is identical with 'an zahri yadin; the interpretation recorded by ABU HAYYAN is given in IBN MUTARRIF'S al-Qurtayn, I, 193 (Cairo, 1355 AH). 3. Fa-la tu'hadu min al-taqiri. 4. al-Kassat, II, 147 (inf.) - 148 (ed. Cairo 1354 AH). 2. La yu'ta 'an di tadlin li-tadlihi. 5. Quoted Nihaya, S.v. ydy. by ABU HAYYAN; and see the explanation in IBN AL-ATIR'S 6. Ahkam al-Qur'an, I, 378 (Cairo, 1331 AH). «( 'AN YADIN» (QUR'AN, IX/29) 275 sial. Ibn al-'Arabi is aware of this fact 1 and tries to trace the differences back to various meanings of the word yad: whether it is used in the literal sense, a hand, or it is used metaphorically. Literally it denotes payment from hand to hand in person; metaphorically it indicates power, prompt payment or favour and kindness 2. II One of the principal difficulties in the understanding of this obscure expression was to determine whether the noun yad refers to the receiver of the tribute or to the payer. The expression 'an yadin is defined as ha13 and is interpreted by different commentators as denoting either the payer or the receiver of the tax, according to the suffix added 4. The interpretations in which two divergent meanings are attached to 'an yadin, are an interesting attempt to solve the problem. It is obvious that the interpretations: strength, compulsion, payment from hand to hand, recompense for favour or humbleness of the payer were the current and prevailing ones. These definitions suited the views of the majority of the fuqaha', accorded with the position of the ahl-al-dimma and the actual tax-collecting procedure 5. In order to explain the expression in accordance with some of the interpretations, the preposition 'an had to be glossed by the preposition bi 6. In these interpretations 'an yadin is conveniently complemented by the following circumstantial clause wa-hum sagiruna. But nothing seems to point to the fact that these are the early ones. One may assume that a quite early interpretation was the Hadihi l-aqwalu minha mutadahilatun wa-minha mutanafiratun. yad explained literally and metaphorically, see IBN QUTAYBA, al-Ihtilat fi I-lafz, p. 28 (ed. AL-KAWTARI, Cairo 1349 AH); and see AL-BAYHAQI, al-A sma' wa-l-sifat, p. 319 (ed. Cairo 1358 AH); and see AL-SARIF AL-MuRTADA, Amali, II, 3-5 (ed. Cairo 1954). 3. RAGIB AL-li?FAHANI, op. cit., ibid.; AL-'UKBARI, Imla'u ma manna bihi l-rahman, II, 13: ti mawdi'i i-hali (ed. IBR. 'ATWA 'AWAD, Cairo 1961). 4. 'an maqdiratin minkum 'alayhim (AL-SIGISTANI, op. cit., ibid.); 'an in'amin minkum 'alayhim (AL-QURTUBI, op. cit., ibid.), etc. 5. Comp. the discussion about it'ab al-anbat in ABU 'UBAYD'S Amwal, ibid.; see AL-GAi?sAi?, op. cit., ibid.; see the tradition of SA'ID B. AL-MUSAYYAB in al-Durr al-manlur, ibid.; and see A. FATTAL, Le statut legal des non-Musulmans en pays d'Islam, p. 286-8. 6. Comp.: 'an yadin ya'ni Cannaqdin min qawlihim yadan bi-yadin (ALGAi?i?Ai?, ibid.); ... aw bi-aydihim ... la-can 'ala hada bi-ma'na l-ba', ta-l-zartu lagwun (AL-GAMAL, al-Futuhat al-Ilahiyya, II, 288). I. 2. for M. J. KISTER [5] interpretation of 'an yadin by 'an 'ahdin (no. 10 in the list of Ibn al-'Arabi). According to this interpretation the phrase would be rendered: ••. till they pay the tribute on the basis of a pact (con«( cluded by them with the Muslims) they being inferior (in status) ». According to this interpretation the tribute is in fact paid by the ahl al-dimma in respect of their blood not being shed and their being allowed to reside in the abode of Islam; this is defined by a pact 1. Sagar is interpreted as compliance with the law of Islam 2. This interpretation fairly reflects the spirit of the early period of Islam in which the conquering Muslims concluded pacts with the conquered. It does, indeed, seem to be an early interpretation. The problem whether this is in fact the intention of the phrase of the Qur'an is, however, not solved. III The expression 'an zahri yadin is interpreted by al-Zamahsari in «( al-Fa'iq» 3: it is explained as 'an zahri in 'amin mubtadi'an min gayri mukafa'atin 'ala sani'in. The phrase: A'ta' I-gazila 'an zahri yadin would be rendered thus: he gave plenty, giving it gratuitously i.e. without any favour being granted to him. Asas al-balaga of al-Zamahsari has the same explanation 4: 'an zahri yadin, min gayri mukafa'atin. Two other expressions are recorded by al-Zamahsari in Asas and by Ibn Manzur in L. 'A.: Fulanun ya'kulu 'an zahri yadi fulanin ida kana huwa yunfiqu 'alayhi and al-fuqara'u ya' kuluna 'an zahri aydi I-nasi 5. It is evident that the phrase denotes to live on the expenses, means or resources of somebody. AI-Sarif al-Radiyy (d. 406 AH) explains the word zahr in the saying al-sadaqatu 'an zahri ginan as quwwatun min ginan 6. I. See IBN AL-'ARABI, op. cit., I, 379 sup.: ... annaha tagibu bi-l-mu'aqadati wa-l-taradi ... ; and see the refutation of this view, ibid., I. 3-4 ; and comp. AL-GAMAL, op. cit., II, 288: ... ka-annahu qUa qatiluhum hatta yu'tu l-gizyata an tibi nafsin wa-nqiyadin duna an yukrahu 'alayhi, fa-ida htiga fi ahdiha minhum ita l-ikrahi la yabqa 'aqdu l-dimmati. 2. See AL-BAYHAQI,Ahkam al-Qur'an, p. 79 (ed. AL-KAWTARI,Cairo 1952). 3. III, 228 (ed. 'ALi MUH. AL-BIGAWi-MuH. ABU L-FADL IBRAHIM, Cairo 1945-48). 4. II, 366, s.v. ydy; the same interpretation is recorded in L. 'A., s.v. zahr. 5. Asas al-balaga, s.v. zhr; L.'A., s.v. zhr (vol. IV, p. 521, ed. Beirut). 6. al-Magazat al-nabawiyya, p.66 (nO.44, ed. MAHMUDMUi?TAFA,Cairo 1937); and comp. the explanation of this expression in L. 'A., s.v. Zhr. [6] (( 'AN YADIN )) (QUR'AN, IX/29) 277 In this passage al-Sarif al-Radiyy explains the expression a'taytu fulanan kada 'an zahri yadin as giving somebody (a gift) out of a position of strength, power of resistance, as opposed to humbleness and fear (an imtina'in wa-quwwatin, lam u'tihi 'an hifatin wadillatin). «( This meaning, says al-Sarif al-Radiyy, is contrary to the meaning inherent in the words of Allah hatta yu 'tu l-gizyata wa-hum sagiruna ». «( It seems, continues al-Radiyy, that the omission of the word zahr in the phrase of the Qur'an changed the meaning)). AISarif al-Radiyy concludes that 'an yadin in the discussed sentence of the Qur'an denotes humbleness, submission, fear; the contrary of it is 'an zahri yadin denoting strength, free choice and man's own willi. In his Talhis al-bayan, al-Sarif al-Radiyy explains the expression 'an yadin as a metaphor denoting paying the tribute humbly and submissively (an husu'in wa-dara'atin wa-dullin wastikanatin) 2. He compares this meaning with the idea inherent in the expression a'ta fulanun bi-yadihi (other explanations - already mentioned-are also quoted). It is not all the more striking to find al-Zamahsari interpreting 'an yadin in his Asas al-Balaga 3, as paying the gizya in a position of submission and obedience or payment in cash without postponment. In both interpretations (of al Radiyy and of al-Zamahsari) a line is thus drawn between 'an yadin and 'an zahri yadin. 'An yadin, contrary to 'an zahri yadin, is explained as submission, obedience, humbleness, etc. But the true meaning of 'an yadin can be gauged from the following verse of Durayd b. al-Simma: A-'adila inna l-ruz'a fi milli Halidin wa-la ruz'a fima ahlaka l-mar'u 'an yadi 4. «( O reprover, misfortune is in (the death of a man) like Halid, misfortune is not in what a man squanders (by lavish spending) out of plenty». Yad in this verse explicitly denotes wealth, or sufficient resources for spending (on the poor and needy), or generous distribution (ofgifts). That 'an yadin is identical with an zahri yadin is explicitly stated by Ibn Qutayba 5. Al-Mawardi records as one of his two I. op. cit., p. 67 inf. - 68 sup. 2. P. 59 (ed. Bagdad., 1953). 3. s.v. ydy. 4. alAsma'iyyat, XXIV, 3 (p. 23, ed. AHLWARDT). 5. Quoted in ai-Bahr al-muhit, see above note 2, p. [3]. ARABICA XI 18 M. J. KISTER [7] interpretations of the discussed expression: 'an ginan wa-qudratin, paying the gizya in a situation of (having) sufficient means and resources and ability to pay 1. It is essential to point out that Abu 'Ubayd accepts the idea of the payer's financial ability (wa-hada 'indana madhabu l-gizyati wa-l-haragi, innama huma 'ala qadri l-taqati min ahli l-dimmati) as the basis for fixing the amount of the tax 2. This passage of Abu 'Ubayd is repeated verbatim by his pupil, Ibn Zangawayh 3. This seems to have been, in fact, the intention of the discussed phrase in the Qur'an. The aya was revealed on the eve of the expedition of Tabuk 4. The intention was not to give instructions regarding the ways and procedures governing the collection of taxes 5; it was an injunction as to the attitude to be adopted by the Muslim warriors towards the ahl al-dimma. The phrase enjoined the warriors to combat the enemy until they agreed to pay tribute according to their means and capacity. This idea is clearly reflected in the terms of the pacts concluded with the ahl al-dimma. The pacts concluded with the people of Isfahan and Gurgan, for instance, positively state that the amount of the gizya would be fixed according to the payer's ability ('ala anna 'alaykum (min al-gaza'i fi kulli sanatin 'ala qadri taqatikum)6. The phrase wa-hum sagiruna is not a complementing phrase for 'an yadin; it constitutes a crucial pronouncement concerning the position of the ahl al-dimma: but they are inferior in status. The phrase may be rendered: • .• fight them ... until they pay the gizya out of ability «( and sufficient means, they (nevertheless) being inferiOr)). It is interesting to note that this interpretation is given by the modern Egyptian scholar Rasid Rida. He renders 'an yadin by 'an qudratin wa-sa'atin 7. This rendering seems to be faithful to the original intent of the phrase of the Qur'an. I. AL-NUWAYRI, Nihayat aI-arab, VIII, 235; and see F. ROSENTHAL, op. cit., p. 70, quoted from AL-BAYDAWI: 'an ginan; and see the interpretation in al-Bahr al-muhit, above note 2, p. [3]; and see the interpretation nO 9 in the list of IBN AL-'ARABI. 2. al-Amwal, p. 41-42 (nO 106-7). 3. al-Amwal, ms. Burdur 183, f. 16a. 4. See NOLDEKE-SCHWALLY,Die Geschichte des Qorans, 1,224. 5. See F. ROSENTHAL, op. cit., p. 69. 6. AL-SAHMI, Ta'rih Gurgan, p. 5 (ed. Hyderabad, 1950); ABU NU'AYM, Geschichte Isbahans, I, 26 (ed. S. Dedering). I am indebted to Professor Cl. Cahen for his kind remarks, which stimulated me to check these sources. 7. al-Wahyu I-muhammadi, p. 278 (ed. Cairo, 1354 AH):