Ahmad 15895

Its chain is daif because the narrator from the companion, and the narrator from him, are unknown. Tirmidhi related it from Ataa from Harb bin Ubaydullah bin Umayr Thaqafi from his grandfather, the father of his mother, in the chapter on zakat, "What has been said that there is no jizya on Muslims," 3/18, no. 134, and also from Qabus bin Abu Dhubyan from his father from Ibn Abbas. Tirmidhi said, "It is mursal" (that is, from Ibn Abbas), as though the hearing of Abu Dhubyan from Ibn Abbas had not been established, since it was related from Abu Dhubyan as mursal. He did not comment on the route through Harb, because it is daif due to the narrator being unknown. Despite this, Tirmidhi said, "This is what is acted upon among the people of knowledge."He interpreted "the tithes" here as meaning jizya imposed on a Muslim's person, and he reported the consensus, that is, the consensus that there is no jizya on Muslims. Indeed, there is a firm consensus that no jizya is imposed on a Muslim. However, some scholars used this hadith as evidence for the prohibition of tithes on trade, not the tithes of zakat, for in crops watered by rainfall there is a tenth due, and this is obligatory upon every Muslim, whereas jizya is not a tenth at all. As for a tenth levied on Muslims' trade, what we today call customs duties, the majority of scholars held it forbidden, though some permitted it, and others permitted it only when the state was in need.This hadith was related by Abu Dawud, 3/169, no. 3046, Ibn Abu Shayba, 3/197, and Bayhaqi, 9/211.