What is the basis for treating Banu Taghlib differently regarding taxation compared to other Arabs?

General Chapter

Al-Mughni

Book of Jizya

Book 55 · Issue 3 · Bab 1

Open in Qurani

Primary text

The specific treatment of Banu Taghlib, where *Ṣadaqah* was doubled upon them instead of *Jizyah*, is based exclusively on a reconciliation established with 'Umar (may Allah be pleased with him). This special status is specific to them and cannot be extended through analogy (*qiyās*) to other Arabs for three reasons: First, such an analogy contradicts the general texts mandating *Jizyah* for all People of the Book. Second, the effective cause (*'illah*) for the unique ruling on Banu Taghlib was the specific reconciliation, which is absent for others. Third, Banu Taghlib possessed military strength (*shawka*) and were aligned with the Romans, posing a potential threat if not reconciled with, a condition not met by others.

Supporting text

It is invalid to analogize other groups to Banu Taghlib to impose *Ṣadaqah* in lieu of *Jizyah* when no reconciliation has occurred with them, as the effective cause for the differentiation is missing.