38 - Chapter on Entering Land Subject to the Kharaj Tax

3081 - Harun ibn Muhammad ibn Bakkar ibn Bilal narrated to us, Muhammad ibn Isa—meaning Ibn Sumay'—narrated to us, Zayd ibn Waqid narrated to us, Abu Abd Allah narrated to me, from Mu'adh ibn Jabal that he said: "Whoever places the jizyah upon his neck has absolved himself of what the Messenger of Allah, peace and blessings be upon him, is bound by."(1)

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= The other aspect: that they were only granted the houses as a loan ('ariyah), and this is the view of Abu Ishaq al-Marwazi. On this basis, ownership of them is not valid, for inheritance only applies to what the deceased actually owned. Abu Dawud placed this in the chapter on reviving dead lands, so it is possible that he only revived those tracts by building upon them, since they had not been owned by anyone before. And Allah knows best.

There may also be a type of grant (iqta') that is a favor without transfer of ownership, like seats in markets and lodgings in travels—one merely benefits from them without owning them.

As for his bequeathing the houses specifically to the women of the Muhajirun, it resembles that this was on the basis of division among heirs. He singled them out for the houses because they were strangers in Medina with no clan there, so the houses were permitted to them given what he saw of benefit in that.

There is another aspect: that those houses were in their hands for the duration of their lives by way of granting them the benefit of residence, not ownership—just as the houses of the Prophet, peace and blessings be upon him, and his chambers remained in the hands of his wives after him, not by way of inheritance, for he, peace and blessings be upon him, said: "We do not leave inheritance; whatever we leave is charity." It is related from Sufyan ibn 'Uyaynah that he said: The wives of the Prophet, peace and blessings be upon him, were in the position of women in their waiting period ('iddah), because they could not remarry, and a woman in her waiting period is entitled to residence. So they were given residence in the houses for as long as they lived, without owning their titles.

(1) Its chain is good (hasan), Allah willing. There is disagreement over the identity of Abu Abd Allah. Al-Tabarani in "Al-Mu'jam al-Kabir" 20/(196) and in "Musnad al-Shamiyyin" (1222) held that he is Abu Abd Allah al-Ash'ari, and al-Mizzi also held this view in "Tuhfat al-Ashraf" and "Tahdhib al-Kamal." However, Abu al-Qasim Ibn 'Asakir held that he is another man, not al-Ash'ari, and that his name is Muslim al-Khuza'i, their freed slave, who was the head of Mu'awiyah's guard and the first to hold that position. Ibn Hajar inclined to his view in "Tahdhib al-Tahdhib." We say: it is not unlikely that he is Muslim ibn Mishkam al-Khuza'i al-Dimashqi.