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Three traditions in the Kitab al-Kharadj.pdf MISCELLANEA THE SOCIAL AND POLITICAL IMPLICATIONS OF THREE TRADITIONS IN THE KITAB AL-KHARADJ OF YAHYA B. ADAM The comprehensive collections of hadith's traditions dealing with taxation and or land ownership by the Arabs, the Mawill, and the Dhimmis,are a major source not only for the pattern of economic organizationbut also for the social concepts which obtained during the first centuries of Islam. But the traditions are recondite. It is at times an apparentlysuperfluousphrase which can give a lead to the understanding of the underlying concept, and at others a new interpretationof a word can place the concept in its true perspective. In the studies which follow the interpretations which are advanced may well provide a new vantage point from which to view certain fiscal and legal issues in a broader context. TraditionI. Two traditions in the Kitdb al-Kharidj of Yahya, which are concerned with the principles underlying the levying of taxes from the Dhimmis,call for closer examination. In the translation of Ben-Shemesh tradition 233 runs as follows: "Ibrihim b. Sa'd asked Ibn 'Abbds about (dealing with) possessions of the Ahl ad-Dhimma and ibn 'Abbis replied: "(with) leniency" ('afw), which means "favour" (fadl).'Afw and fadl are also translatedby "leniency" and "favour" in the following tradition, (234): "'All b. abi Tilib appointed me to supervise Buzurja Sabiir. He said: 'In do collecting dirhanms not flog anyone nor sell his provisions, neither his winter nor his summer garments, nor the beasts he works with, and never let a man stand So (in the sun) in order to collect dirhams'. I said: 'O Commanderof the Faithful! Then I shall return to you as I left you!' And he replied: 'Even if you return as you left-beware!-we were ordered to collect from them with "leniency",which means "favour"."' According to this apparentlycorrect translation the intention of tradition 234 is merely to recommend "leniency"in collecting taxes. This impression is strengthened by a variant given in abu 'Ubayd's Kitdb al-Amwdl (No. I16). 'Ali ibn abi Tdlib sternly commands his 'Amil of 'Ukbard in the presence of the people to collect He every dirham. then invites him to a private talk in which he advises him not to sell their winter or summer garments and not to sell a cow or an ass in collecting kharadj.He commands him to be lenient towards the people (wa'rfukbihim). This variant stresses exactness in assessment but calls for leniency in collection. It omits both the principle of 'afw in the answer of 'Ali and the 'dmil'sdoubts. A third variant is to be found in the Kitdbal-kharadj Abu Yfisuf (Cairo 1346 H. of - p. I8). The admonition of 'Ali is mentioned, the private talk of 'Ali with the 'Amil is quoted as are the doubts of the 'Amil. In his instruction not to sell the garments of the people and not to flog them while collecting the kharddj, 'Ali mentions the reason for his recommendation:"we were ordered to take from them 'afw". (Translated by Fagnan: "... de ne leur prendre que l'exc'dent (p. 24)".) The tradition in the Kitab al Kharg' of Ab-i Yfisuf differs only in detail from the tradition of Yahyd; the meaning is the same. But the interpretationof 'afw by fail is missing. MISCELLANEA 327 It is, however, unlikely that the vague implications of this interpretation of "afwandfadl convey the original intent and we must examine their usage in a fiscal context. A key to understandingof the words is given by a quite similar tradition in the Kant al CUmmil No. 2564--ed. Hyderabad1955, p. 462). The recommend(V, ation of 'Ali in the presence of the people is mentioned as is also his private talk with the 'Amil forbidding the selling of a cow or a sheep and forbidding flogging in collecting taxes. This private talk ends with the remarkof 'Ali: "We were ordered to take from them merely the 'afw. Do you know what 'afw is? It is The .tka" traditionin Kant al'Ummdlis quoted from the Kitdbal-Amwdlby ibn Zandjawayh. (The book itself is not exstant, but it is mentioned in Hadiyatal'Artfifn, I, 339. The author, IHamidibn Zandjawayhdied 248 H.). Eliminating the tradition of abu 'Ubayd's Kitdbal-Amwil, where the word 'afw does not occur, we find two interpretations of the word 'afw viz. fadl and .tda. Tiaka-"ability, capacity,potential" can by no means be glossed either by "favour" or "leniency". Further evidence that the explanationof 'afw-fadl as leniency is not accurate is to be found in a repeat of this hadith the book of abu Yisuf already in mentioned (p. I47). The isndd is identical: Sufydn-b. 'Abbds. The differenceis in formulation. The traditionin the book of abu Yfsuf runs as follows: "'Abd Allah b. 'AbbIs said: There is nothing in the (taxationof) amwil of the Ahl al-Dhimma except 'afw". In this tradition 'afw can hardly be translatedby leniency. (Fagnan's translationhere is "il n'y a autre chose que l'indulgence" (p. I89).) We are fortunatelyfurther helped by a remarkablepassage in abu 'Ubayd's Kitdb al Amwdl (No. 253). Abu 'Ubayd, quoting a discussion of the on whether a fu1.ahd Dhimmi is obliged to pay quotes the view that Dhimmi's are freed from fada.ka, sadakaexcept in merchandise.Abu 'Ubayd remarks:"It is in my opinion an explanatory interpretation(ta'wil)of the tradition told on the authority of... ibn Sa'd, who asked ibn 'Abbis: "What about the amwalof the ahl al-Dhimmd?"and he replied This al-'afw.Abu Ubayd explains: "He wanted to say: they were freed from sadak~a. recalls the saying of the Prophet: "We freed you ('afawnd) from the sadakaof horses and slaves". (About the tradition concerning horses and slaves, compare N. P. Aghnides: MohammedanTheories p. z57). But the intention of the two traditions in the collection of Yahyd is neither "leniency" nor "exemption". The two traditions are closely connected with the tradition of of Ibn Zandjawayh. .tia If, then, 'afw, is to be glossed by tdika, how will the traditions now read? The explanatoryfadl is a legal technical term. The answer of 'Ali in tradition No. 234 should be translated:"Woe to We were ordered to take from them (i.e. from the Ahl al-Dhimma)the surplus, which means 'redundancy"'. thee, In this chapter, dealing with djig and kharadjthe two traditions are compleya mentary to tradition 232, where 'Umar b. al-Khattib said: "I commendto the khalifa 1. I) Compare al-Tabari: Ihtildf, ed. Schacht p. 218 sadaAa. 9. wa laysa calaahl ad dhimma siwd Ban! Taghlibfi mawdhibihim sadaka. to men and women 1). Here, in the tradition of Abu 'Ubayd, 'afw has to be translated "exemption". This also applies to the citation about the Ahl-al-Dhimmawhere the referenceis to the camels, cows or sheep. (Abf Yfsuf continues: "There is no Zakatin the cattle of the Ahi al-Dhimma,in the camels or cows or sheeps.") The rule applies equally 328 MISCELLANEA succeeding me that he affordgood treatmentto the Ahlal-Dhimma,keep the covenant with them, fight for them and not take from them above their capacity". The applicationof the idea of td.a is shown in tradition241, where 'Umar asks his representatives in 'Irak: "How have you charged the peasants?" They replied: "We charged every man 4 dirhams month". 'Umar replied "I rather think you have per made the charge excessive. Who can cope with it(yu.tfu)?" They said: "They have surpluses and belongings (asbyj)". The word fadl, as a legal term, makes of this tradition an important ruling in fiscal theory. The word 'afw being ambiguous (for further confusing meanings of 'afw compare Lokkegaard: Islamic taxationp. 8o line 32) must be replaced by an explicit and concrete term, stating the idea of thefa&ib.The corresponding tradition in abu Yfisuf's kharadjwas rightly translatedby Fagnan: "car l'ordre qui nous a be translated: "Ibrihim b. Sa'd asked ibn 'Abb~s "What (is the principle to be And he answered: applied) in (taxationof) the possessions of the Ahl ad-Dhimma?". "'Surplus' which means 'redundancy"'."To take the surplus" (akhadha al-fadl) is an explicit legal term, often used in the kharddj literature: e.g. abu Yfisuf; Kitab al is that the Dhimmi has to pay the surplus of his income. Means of production and became closely associated capitalhad to be left intact. It was in this way that 'afw-faJdl with the idea of bearabletaxes: fdja. In this lies the majorsignificanceof the tradition of ibn Zandjawayhwhich is in essence identical with the traditions of Yalhyd. The part of the tradition under discussion should then be translatedas follows: ... "We were ordered to take from them merely the surplus. Do you know what the surplus is? (al'afw).It is collection according to their capacity (.tdf.a)". There are many explicit expressions of this kind: e.g. abu Yfisuf p. 126 ... "Allah ordered us to take from them only the surplus (al-'afw)and we are not allowed to impose on them (taxes) beyond their capacity". The two traditions in Yahyi's The 'afw-fa4l-tdf.aidea which is mentioned in Lokkegaard's Islamic taxation (p. 79) is given an incorrect connotation. It is not "according to the utmost ability, which probably means that the 'afw or fadl (surplus) that is calculated to be held by the taxpayersis estimated as high as possible". On the contrary:the 'afw-fa4l-.ttdka conception took into consideration changes in the economic situation of the taxpayer, and limited the tax gatherer's demand to what was bearable. This principle of modifying taxes in the light of changing conditions, i.e. a proportional tax-is opposed to the principle of a fixed tax which 'Umar is alleged by later jurists to have instituted. A clear illustration of the application of the two principles of taxation is to be found in the story about the people of Ruhi (Abfi Yfisuf: Kitabal-Kharddj 47). p. and The account of this incident was misinterpretedby D. C. Dennett (Conversion Poll Tax in Early Islam, Harvard 195o) and incorrectly translatedby Fagnan. The is originally connected conclusion of Lokkegaardin this case that 'ala .adri .t-tda with a forcible conquest" is without a basis in the text. (p. 80o sup.). b. Ghanm a fixed sum (arsald The besieged people of Ruha offered to pay 'Iy•d i.e. 'ala sammawhbf" they sent to Iyad b. yas'aluna-s-sulh" shay'" ild 'Iydd b. Ghanm x) Compare: Nahdj al Bal~gha-IbnAb! HadidI, 1 35 aboutthe policy of taxation. kharddj are closely bound up with the traditions of tdika (232, 235, 236) 1). Kharddj p. 16 ".... to take from them merely the surplus (al-fadl)". The 'afw-fadllidea et6 donne est de ne leur prendre que l'exc6dent" (p. 24). Thus tradition 233 should MISCELLANEA 329 Ghanm asking for peace on the basis of a fixed sum which they named". (The translationof Dennett reads ... "they offeredto surrender,but only on terms which they themselves might propose" is incorrect). 'Iyid asked Abu 'Ubayd about this. Aba 'Ubayd consulted Mu'ddh b. Djabal who replied: "If you make peace with and they are unable to pay it them on a basis of a fixed sum ('ald shay'" musamm") the course of time) you could not kill them and you will necessarilyabolish the (in fixed sum, imposed according to the conditions (of the treaty). And if they prosper they would pay the sum, not being humiliated, as was ordered for them by Allah" is minhum startling. It reads (Fagnan's translation (p. 63) of the phrase 'ald saghdr~" faite des impub6res au sujet de qui il existe une prescription divine "exception speciale". Of course there was nothing in the treaty about "impuberes", It refers to verse 29 in al-Tauba in the Kurdn and compare al-Tabari:Ikhtildf, ed. Schacht Mu'ldh's recommendation,then, was that the tax to be imposed should be scaled according to what they could bear. Any change in their condition was to be reflected in the scale of assessment.In this way the conditions of the treatywould be fulfilled. The opinion of Mu'idh had been transmittedto 'Iy•d who told the people of Ruh! what was in the letter. Muslim scholars held differentviews about the treaty: some said that the people signed the treaty on the basis of a tax according to the capacity of the tax-payers;others maintainedthat the people of Ruhi rejected the terms they were offered knowing that they had a surplus of money which they would have lost so they demanded a fixed sum tax. if they were taxed on the basis of .tda, the strength of their defences and having no hope to take Ruhd by force, 'Iy.d seeing agreed to grant them peace accepting what they asked for. Nothing in this story suggests that the people of Ruha "split sharply into two camps" (1) -as Dennett says. There is no mention of a "group composed of the wealthy, who possessed concealed (sic) goods and sources of income, which would be taxed. . .". It is perhapsfair to assume that the wealthy people of Ruhi entertained such fears-but the factors quoted by Dennett are not given in Abu Yisuf's Kitdb al kharddj. Dennett's remark that "the latter group prevailed" (page 44) is a logical inference from a false premise. Dennett did not understandthe Arabic passagefa'khtulifa'alayhifi hddha'l-mawdi': fa.kald ~a'il"".: "differences of p. 231, para 143). people of Ruha) accepted the terms of the treaty on the basis of the tika principle; others said that they disapproved of it, knowing their possessions and surpluses (of money) would be lost if the assessment were made on the basis of .tdka".The dispute is not between the people of Ruha as wrongly expounded by Dennett, but between the Muslim scholars. For the Muslim scholars exact knowledge of the terms of the treaty was essential, since this treaty served as a precedent for the system of taxation. No-where in the story is there a hint that 'Iy•d "received permission on his own judgement". On the contrary: the tendency of the tradition is to show that the principle of tdaka is the right one, accepted and recommended by Mu'idh b. Djabal,the Companionof the Prophet. 'Iyi~dhad to act according to his advice and accept the principle of tax according to .td.a. is originally connected with Lakkegaard's conclusion "that 'ald .adr' is not acceptable.The opposite could a conquest by arms without a treaty" (p. 80) .t-.tdka" kabilu s-sulh" 'ala t-tdka. This passage should be translated k.adri opinion arose (between the scholars--): some said that they (the 330 MISCELLANEA be true, since people making a treaty would prefer to have a tdikatax than a 'ald tax. Other reasons why Ruha might prefer Cald shay'"musamm'" shay'"musamma" can only be putative; the uncertainty of continued Muslim rule for instance, in which case a fixed sum is preferable1). The two variant traditions about the terms of the treaty are reflected in two equally varying traditionsabout the contents of the treaty(Futfhb 18z ed. 1319 H.). p. One suggests a proportional tax, the second states that a fixed sum was levied. Lokkegaard writes with a deep insight: "Strictly speaking it should be possible to imagine a peace treaty (fulb)in which the conditions for the yield of tribute are not exactly defined, while the circumstancesof possession are left in their earlierform" mentioned. (p. 79). The form of such a treatyis provided in the case of the .td#a-treaty I have granted them security for their lives, possessions, offspring, women, "... city and mills, so long as they give what they rightly owe. They are bound to repair our bridges and guide those of us who go astray. Thereunto, Allah and his angels and the Moslems are witnesses". (Hitti's translation I, 273). The conditions are exactly those assumed by Lokkegaard.The conception was accepted by a group .tdka of leading who were opposed to the idea of fixed2)taxeswhich though Muslimfu,.ahd it went back to the time of 'Umar was, in their view, unjust. A striking evidence for the struggle of a group offukahd in favour of the idea is found in a remar.tPka about him: Tandhib kable story about the famous scholar 'Ati b. abi (see at-Tandhib, VII, 199-203) who demanded courageously from Hishfm b. 'Abd al Rabh. Malik to treat justly the Ahl al Dhimma and not to charge them beyond their capacity. He was promised by the Caliph,that taxes would be imposed on them only in the limits of their capacity(Ibn 'Arabi: Mubhdarat Abrdr, I, 265). Abit 'Ubaydbeal longed to this group as we see in his Al Amwdl (P. 40): "that is in our opinion the system of djityaandkharddj: aremerelywithin the limits of capacity".Abfl Yfisufis they in general agreement (Kitdbal kharddj pages 44 and Ioo). This opinion was fortified "according Kitdb Abfi 'Ubayd. Tdka utmost ability", which means that the surplus that is calculated to be held by the taxpayers is estimated as high as possible-as Lokkegaard interprets it; td.a is a sum imposed on the taxpayeraccording to his financialcapacity, paying due regard to his requirements to continue in business. The of course, td.a principle was, equally in the long term interest of the ruling Muslim class. It was Abfi Yfisuf, who demanded a fiscal policy of and called for gentleness in the treatment of .tdka the Dhimmis. (Aghnides: MohammedanTheories of Finance p. 407). It remains for us to examine the semantic changes of 'afw as a fiscal term. There can be little doubt that the tradition of ibn 'Abbas is closely connected with the sentence of the IKurdn:khudh' l'afw (Al-Arif 199). The meaning of the expression was fervently disputed already in early times since cafwis a homonym. It was only under influence the I) The last sentencein the story is distortedby Dennett,apparently of the translation Fagnan.Alldhu aClam" dhblika of ayyu kdnais not "God knows if these detailsare true" (Dennett).The correcttranslation "God knows what of this (story) is: or a fixed sum tax); but (it is fact),that a treaty happened (i.e. whetherthey accepted .tdka was concluded, according to which the city was taken; there are no doubts about it". 2) Comp. about fixed taxes in Yemen abolished by 'Umar b. cAbd al CAziz: I. cAbd al IHakam: Sirat CUmar b. cAbd al CAiZr p. 126. and again by traditions like numbers 240 and 241 in the Kitab al kharddj of al Amwil of is not Ya.hyl to the by No. io6 in the MISCELLANEA 331 natural that the differentideological groups interpretedthe word to suit their own ends. Ibn Kutayba p. 186/7 Cairo 1355 H. and Ta'wil Mushkilal Kurdn (al-K.ur~tayn -p. 3--Cairo 1954) looked on the phrase as an epitome of all the virtues, like forgiveness, generosity and altruistic friendship. The phrase was later accepted as literature(compare a cliche for magnanimityof character,especiallyin Zuhdand Bishr FRris:Mabdhith'Arabzyya 40 rem. 3). .S'fi p. A similar meaning was attributed to the expression by scholars discussing the Asbab an-Nu.t1l.The expression was explained as "use indulgence". Some scholars, however, restricted this command given to the Prophet by Allah to the period of his sojourn in Mecca. Though he was ordered to use indulgence towards the unbelievers in Mecca, the commandwas amendedby a laterverse in the IKurdn ordering the Prophet to start waging war against the unbelievers (at-Tauba, 123). The conflicting injunctions were to be an important topic in Nasikh-Mansiikh literature. We have a concise exposition of the differentviews of Muslim scholars in the book Nah.hs, Apart from the view that the verse is an exhortativecommand,there is the view that khudh'l'afw" refers specifically to alms and taxes. The word 'afw is explained in three ways. First, some maintain that 'afw is identical with Zakdt. In this case the command is to be applied to believers and the verse abrogates nothing since 'afw is the payment of surplus as alms laid down by law. Second, another group was of the opinion that 'afw was an additional payment to Zakat, being a payment to be made in times of prosperity. The explanationgiven is: hufadl mdl'"'an .ahr' l'ghind. Thirdly, there is the view that 'afw referred to voluntary alms, in which case the verse was abrogated by the law of Zakdt. (Compare an-Ndsikhwa l'Mansi7kh by Abu l'K~sim Hibatallah Abu Nasr a marginal commentary on Asbdb an-Nutfil by of Abu Dja'far an Kitab ab-Ndsikhwa l'mansikh (Cairo 1357 H. p. 149-5 0). whether the command is restricted to the believers or has to be extended to the unbelievers. But those scholarswho interpreted'afw as alms, restrictedthe reference to the faithful. These different views are of course reflected in the tafdsir on the IKurdn(e.g. Al-Tabari r IX, 97) and in the Tafsir of Bay4dwi on the verse under discussion. The interpreters stressed the exhortative idea of the sentence (as Bustin al-'Arifin p. 91 on the margin of the Tanbihal Ghafilin, as .sft Samarkandi, Sulami, Tafsir al-Hak4ik p. 8Ib--ms or. 9433-Br. Mus.). In one of the oldest fslfi commentaries the tafsir of Sahl at-Tustari (d. 283 H.) we have the surprising interpretation of khudhb l'afw: "take the surplus of their possessions" (p. 39-Cairo Concluding we may sum up: the meaning of 'afw as leniency inherent in the word gave specialcolour to the traditionsabout behaviourtoward the Dhimmis.It has sometimes been interpreted as exemption. The concrete measuring of alms of the believers was transplantedinto the social sphere of the Dhimm7s and acquired the meaning of taxationof the surplus.Hence the word was identifiedwithfadl, a current term denoting taxation by assessment of surplus. The tradition in which 'afw is identified with is a closing link in the chain, showing that the 'afw-fadl identity .taka implies the principleof just and proportionaltaxation,a principlewhich was supported by a number of muslim jurists. 1329 H.). page 170). Scholars al-W.hidi interpretingkhudh' l'afwaas "useindulgence"were dividedin theiropinions 332 MISCELLANEA Tradition 2 is Tradition number 80oin Yalhy~'sKitab al-kharadj not restricted to problems of taxation and administration,it touches on the attitude of the Muslim toward his spiritual and secular leaders. Ben Shemesh translates it as follows: "The Prophet invited the "Helpers" in order to assign them something, in writing, in Bahrayn. They said: 'No, not before you allot something similar to our brethren, the "Emigrants".' The Prophet then said: 'You will have other choices (therefore)be patient satarawna Him. If we check the Arabic text which follows Innakum ba'di atharat"a Patti tali.awnithe error is patent. This passage means "After me (i.e. after fa'Sbirdi my death) you will see appropriation;so be patient till you meet me". Ben-Shemesh omitted the word ba'di and wrongly translated the word atharat which means "appropriation"as "choices". But even in my version the implication of the tradition is not clear. One must consult other sources in order to establish the point of the tradition. This tradition told on the authority of Anas is also found in al-BuhI~ri 45 (iz86 A. H. Cairo) in the Bab al-Ka.tdi'. II, Buhiri is explicit, he says "to yukti', i.e. "to allot a ka.ti'a",not the vague expressionyaktubui.e. write",in Yahya. Our traditionis concerned with a sensitive issue, viz.: Who was the first to assign followed? Or was landed property? Was it the Prophet in whose steps the Rdshidin it 'Uthmrn, whose allotments were violently criticized and condemned as bid'a by the Muslim radicalcircles and the shi'a opposition? The traditions are contradictory. Some ascribe allotment of land to 'Umar, others to Ab& Bakr. There are traditions which relatehow 'Umar annulled the allotment of Abi! Bakr, and even the allotment of the Prophet. It is no wonder that such a mass of traditions was invented about the allotment of land since it was one of the vital social problems. Tradition No. 80 of Yahyd bears witness to the fact that the Prophet did in fact assign land, which constituted a legal precedent. Yalbydquotes contradictory traditions stating that 'Uthmin was the first to assign land, not the Prophet, not Abfi Bakr nor 'Umar and numbers 250, 251 and compare Lokkegaard: not 'Ali (Ya.hyi: Kitib al-k.harddj Islamic Taxationpp. 18, 35). An importantmotif included in the traditionis the feeling of brotherhood between the Helpers and Emigrants. It is evidence that in the ideal community of the Prophet bonds of altruistic friendship tied differentgroups of the people together. It is an ideal picture in contrast to the tension and animosity which prevailed between the rival factions after the death of the Prophet. But how is the first part of the tradition connected with the second part, viz. the Prophet's answer about appropriation?There is a lead to the answer in the same In compendium of al-Bukhari(IV, I8i and II, 2 2, zz226). vol. IV the hadithis quoted in Bib alfitan, but is referred to a differentoccasion. The Prophet was asked by a man, why He did not appoint him as 'Amil but gave the appointment to another man; the Prophet replied: "You will see after me appropriation... ". The statement is also cited as a detached hadith.The tradition from Vol. IV is quoted in vol. II, z 2 with an importantaddition: "till you meet me on the i.e. afterresurrection1) .ha4l, generallysee: ibn MdvaII, 579-ed. Cairo 1349 H.: at-Tirmidi I) For haudtraditions till you meetme'." is The reader inclinedto assumethat the Prophet is This translation misleading. "otherchoices"andaskedthemto be patienttill theymeet the promised "Helpers" MISCELLANEA 333 An extension of the hadithis found in Buhlri IV I81. "The Prophet said: 'After me (i.e. after my death) you will see appropriationand things you will disapprove of'. They said: 'What do you command us, O Prophet?' He said: 'Perform the duties imposed on you towards them and ask God for your rights'." Almost identical traditions are found in Muslim VI, 17 (ed. Cairo-i 334 H.), and at-TirmidhiIX, 39. This, then, is the last link in the chain of exposition. The traditionis a prediction of the Prophet about unjust rulers, appropriating the property and land of the as of Nawawi p. 43, and people (compare the explanation of atharatin Riyd4d .Sdli•in Nihaya of Ibn al-Athir s. v. athr). The Prophet commends the faithful to obey their rulers even if they oppress them, and to bear their unjust rule patiently. (Compare: The Muslim VI, 19: Bdb al-amrbi's-sabr'indaZulm'l'wuldtwa'sti'thdrihim). Prophet promises that he will meet them on the day of resurrectionon his haud. This often repeated tradition is variously ascribed to the Prophet as having said it in the following circumstances:i) when granting land to the "Helpers". z) when listening to the complaint of one of the "Helpers", who was not appointed as 'Amil No. 1969) 3) when accused by the Prophet (so also in Abu Dafid at-Taydlisi,Musnad of unjust division of spoils (al-Fath al-Kabir I, 451). It is a tradition of murdji'a character,included in the orthodox collections and adopted by the 'Abbisidfukahd'. It is no wonder that we find a group of such traditions in Abu Yfisuf's Kitdbal(p. io-i ).) These are hadithsof the kind thoroughly analysed by Goldziher Studien(II, 93). These traditions gave religious support to in his Muhammedanische .kharddj the attitude of passivity towards oppression by unjust rulers. From the foregoing it is clearhow two badiths were knitted together. The tradition about the Prophet's rulings in the halcyon days of Islam was attachedto the tradition about unjust rulers. Tradition3. A tradition, to the best of my knowledge, unique, is the object of the next study. It is number 437 in the book of Yahyi and is translatedby Ben Shemesh as follows: "The Prophet brought ba'i dates and dates grown by watering and began eating from the ba'l dates. It was said, that these were purer and better. But He said: 'A belly will not sufferhunger by eating it, nor will the body be afflictedby it'." This translationis misleading. Utiya n'nabiyy'bi (as correctly vocalised in A. M. Shdkir's edition) cannot be translated"The Prophet brought". Lam with the jussive is past tense and cannot be translatedby "a belly will not". Finallythe expression"by eating it" is not given in the Arabic text. The hadithshould be translatedas follows: "The Prophet was offered (utiyabi-somebody brought) ba'l dates and dates grown by watering. He began eating from the ba'l dates. People then said (to Him): (But) these are purer and better! (referringto the watered dates). The Prophet replied: 'A belly did not suffer hunger for it, nor was a body naked for it'." What is the point of the story? The tradition appearsin a chapter entitled "What should not be given as radalka". the discussion on the kinds of dates which are In not to be given as sadalka there is no indication whether ba'l dates or dates grown by watering are preferable as sadaka. IV, i8o; and comparean interesting IX, 276-ed. Cairo 1353 H.; al-Bu~ari story about the haud Ibn-'Asakir 49 ed. Damascus1349 H., see also: Ibn al-Athir:An-Nihdva in IV, s.v. djald. 334 MISCELLANEA The obscurity of this tradition gives way to analysis. The Prophet was given two kinds of dates; on the one hand cultivated which are purer and more fleshy and on the other hand dates of ba'llands, which are smallerthan dates grown on irrigated land. The Prophet began to eat some ba'l dates, and was asked by the believers with him: "Why do you eat ba'l dates-these (i.e. the dates grown on irrigated land) are purer and taste better?" The Prophet replied: "A belly did not suffer hunger for it nor was a body naked for it". His answer explains his action. In contrast to cultivated dates nobody sufferedhunger or was compelled to work naked in order to grow the ba'l dates. Why was this tradition quoted by Yahyi? How is it connected with sadaka? The answeris that there was no badith dealing with the qualities of sadakaproducts literature that based on Muhammad'sown experience. It is well attested in the Prophet never ate from the products of sadaka(compare.hadith al Barr, Al Ibn 'Abd al ruwdh 69) though of course He ate from gifts given to Him by p. Inbdh ala the believers. The dates discussed in this hadi-t were a had?yya, gift as we can infer a K.abdil from the expression utiyabi = he was given, i.e. somebody brought. It is left to the reader to deduce the fact that since the Prophet preferred ba'l dates they could be used for sadaka. Furthermore, this haditbreflects the growth of big estates'), the irrigation of land, and the tasks performed by slaves and prisoners of war often living in unspeakableconditions. These changes took place in the first two centuries of the Muslim era which S. D. Goitein has describedin his article: "The rise of the Bourgeoisie in the middle East"2). It was a period of transitionfrom triballife in the desert to an urban and agriculturalsociety. Occasional reference is made to the organisation of such estates. Abd al-Malik sent Byzantine slaves to work on his estates in Yamdma (al-Balddhuri,Ansdb al zalah. Negro slaves were employed by Abd Allh b. 'Amir b. Kurayz in his possessions in the vicinity of Kubd; when they died Abd Allah b. 'Amir abandoned this ed. 'Abdallahb. az-Zubayrin his estates (at-Tanfikhi:alMustadjdd, Kurd 'Ali p. 34). That date palms were cultivated on these estates is attested by Ibn IKutayba cit.) (op. who says that 'Abd Allah b. 'Amir dug wells and grew palm trees on his estates in the vicinity of Nibig, in 'Araf~t and in Basra. The Prophet's concern with human misery in general and hunger and nakedness in particular,is also reflected in the following tradition "If a man brings to God (after his life on earth) any one of four things which follow, he will enter Paradise: giving drink to the thirsty, feeding the hungry (kabid djdi'a), clothing a naked person (kasa djildatan 'driyat"1), freeing a slave. [al-Ya'kabi I, 75 ed. Nadjaf]. A similar turn of phrase occurs in a tradition ascribed both to Jesus and Muhammad "Make hungry your bellies (adji'Rakbddakum) make bare your bodies (a'rf adjsddakum), so that your hearts may see God al estate (Ibn Kutayba, Kitdb al-Ma'drif 139). Negro slaves were employed as well by Ashrif p. o101 b MS.). They rebelled and were killed by the banu Kays b. Han- tradition al-Din III, 70). Al-', however could not find the K.ulub in the collections of ( traditions of the Prophet. Analysis of tradition 437 shows that a school of liberal minded Muslim jurists emphasizedthe Prophet's refusal to condone the harsh exploitation of prisoners and slaves as a behest to Muslims to accept their obligations of social responsibility and to recognise human rights. M. J. KISTER IV, 473 and Ihyd 'Ul/m i) Comp. Solch A. El-Ali: Moslim Estates in HidjaZ in the First CenturyA.H.-J.E.S. H.O. II 13 -p. 247-54. z) Journalof WorldHistory, 1956.