The Messenger of Allah ﷺ sent me to Yemen and instructed me to take a tenth from crops watered by rain or by natural sources, and half a tenth from crops watered by irrigation devices.
بعثني رسول الله ﷺ إلى اليمن وأمرني أن أخذ مما سقت السماء وما سقي بعلا العشر، وما سقي بالدوالي نصف العشر.
It was narrated by Ibn Majah (1818) and Nasai (2492), both from the hadith of Abu Bakr bin Ayyash, from Asim bin Abu Najud, from Abu Waail, from Masruq, from Muaz bin Jabal, and he mentioned it. Darimi (1709) also narrated it likewise, except that Nasai did not mention "Masruq" between Abu Waail and Muaz. Imam Ahmad (22037) also narrated it likewise. Its chain is hasan because of Asim bin Abu Najud, though he is hasan al-hadith.On this subject there is also what was reported from Abu Hurairah, who said, the Messenger of Allah ﷺ said, "For what the sky waters and what the springs water, a tenth. For what is watered by irrigation, half a tenth." This was narrated by Tirmidhi (639) and Ibn Majah (1816), both from the hadith of Asim bin Abdul-Aziz bin Asim Madani, who said, Harith bin Abdul-Rahman bin Abdullah bin Saad bin Abu Dhubab told us, from Sulayman bin Yasar and from Busr bin Saeed, from Abu Hurairah, and he mentioned it.Tirmidhi said, "This hadith has been narrated from Bukayr bin Abdullah bin Ashaj, from Sulayman bin Yasar and Busr bin Saeed, from the Prophet ﷺ, as a mursal report, and this seems to be more sahih." I say, it is as he said, for in its chain is Asim bin Abdul-Aziz bin Asim Ashjai Madani. Bukhari said, "There is something questionable about him." Nasai said, "He is not strong."On this subject there is also what was reported from Anas, but it is not sahih. It was narrated by Yahya bin Adam in the book Kharaj (371), and in it is Aban bin Abu Ayyash, who is matruk (abandoned).Likewise, what was reported from Harb bin Ubaydullah, from a maternal uncle of his, from the Prophet ﷺ, is not sahih. He said, "There are no tithes due upon a Muslim, tithes are only due upon the Jews and Christians." This is how Bukhari mentioned it in Tarikh al-Kabir (3/60). Abu Dawud (3046) narrated it from Musaddad, who said, Abu Ahwas told us, who said, Ataa bin Saaib told us, from Harb bin Ubaydullah, from his maternal grandfather, from his father, who said, the Messenger of Allah ﷺ said, and he mentioned it.Tirmidhi said in al-Ilal (103), "I asked Muhammad about this hadith, and he said, 'This is a hadith in which there is confusion, and this hadith is not sahih.'" I say, it is as he, may Allah have mercy on him, said. He mentioned it in Tarikh al-Kabir through various routes, and among these routes is the one that Abu Dawud extracted. In its chain is also Harb bin Ubaydullah, who is Ibn Umayr Thaqafi, about whom Ibn Hajar said, "Layyin al-hadith (his hadith is weak)." Bukhari then explained the defect in Tarikh al-Kabir, noting that the Prophet ﷺ imposed the tithe on what the earth produces only when it reaches five wasqs.Likewise, what was reported from Ala bin Hadrami is not sahih. He said, "The Messenger of Allah ﷺ sent me to Bahrain, or to Hajar, and I used to come to an orchard shared between brothers where one of them had embraced Islam. I would take the tithe from the Muslim and the kharaj from the polytheist." This was narrated by Ibn Majah (1831) from Husayn bin Junayd Damaghani, who said, Itaab bin Ziyad Marwazi told us, who said, Abu Hamza told us, who said, I heard Mughira Azdi narrate from Muhammad bin Zayd, from Hayan Araj, from Ala bin Hadrami, and he mentioned it. Imam Ahmad (20527) also narrated it from Itaab bin Ziyad with his chain, similarly.In it there are three defects. The first is that Mughira Azdi is disputed as to who he is. Mizzi said in his Tahdhib (6741), "I think he is Mughira bin Muslim Qasmali, for the Qasamil are from the Azd. Ibn Majah narrated from him, and we recorded his hadith under the entry for Itaab bin Ziyad." End of quote. Ibn Hajar affirmed that he is "Qasmali." If it is confirmed that he is Ibn Muslim Qasmali, then he is "saduq (truthful)" as stated in al-Taqrib. Imam Ahmad was asked about him and said, "I see no harm in him." Ibn Main said, "Salih (sound)." Ibn Hibban mentioned him in al-Thiqat (466/7).The second defect is his teacher Muhammad bin Zayd. Ibn Hajar said in al-Taqrib, "For Mughira Azdi, perhaps he is Abdi." Abdi is Muhammad bin Zayd Abdi, who narrated from Shahr bin Hawshab. Ibn Hajar said, "Perhaps he is Ibn Abu Qalus, otherwise he is unknown."The third defect is Hayan Araj, from whom Muhammad bin Zayd narrated. In the book of Ibn Abu Hatim, Hayan Araj was from Basra, and he narrated from Jabir bin Zayd, while Qatada, Saeed bin Abu Aruba, Ibn Jurayj, and Mansur bin Zazan narrated from him. It is reported from Ibn Main that he considered him reliable. Mizzi said, if this is indeed the same person, then his narration from Ala bin Hadrami is munqati (disconnected). Ibn Hajar said, Ibn Hibban mentioned him among the followers of the followers (atbaa al-tabiin). So the conclusion is that his hadith from Ala contains a disconnection.As for his statement, "and the kharaj from the polytheist," this means jizya. For kharaj is used to refer to what the land produces, and then what the ruler takes was also called kharaj. So it is said, "So-and-so paid the kharaj on his land," and "the people paid the kharaj on their heads," meaning the jizya. See Anis al-Fuqaha (p. 185).Likewise, what was reported from Abdullah bin Masud as a marfu narration is not sahih, "The dhimmah (protected) Muslim shall not have both kharaj and tithe combined upon him." This was narrated by Bayhaqi (4/132) through the route of Yahya bin Anbasah, who said, Abu Hanifa told us, from Hammad, from Ibrahim, from Alqama, from Abdullah, and he mentioned it. Bayhaqi said, "Yahya bin Anbasah is openly known for his weakness, for his narrations from reliable narrators containing fabricated material." Ibn Hibban mentioned him in al-Majruhin (1216) under the entry for Yahya bin Anbasah and said, "He is a lying fraud who fabricates hadith and attributes it to Ibn Uyayna, Dawud bin Abu Hind, Abu Hanifa, and others among the reliable narrators. It is not permissible to narrate from him under any circumstance, nor to write down his hadith except for the sake of caution." Ibn Jawzi, Suyuti, and others also mentioned it in al-Mawduat (Fabricated Hadiths).