Is it permissible for men in a besieged fort to offer Jizya on behalf of themselves, while agreeing to pay the Jizya due from the women and children using their own wealth?

General Chapter

Al-Mughni

Book of Jizya

Book 55 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is permissible if the men offer the Jizya for themselves and agree to render payment for the women and children from their own property. This constitutes an addition to the Jizya due.

Supporting text

If the payment offered for the women and children comes from the wealth of the women and children themselves, it is not permissible because they are imposing the Jizya upon those upon whom it is not obligatory. If the amount they offered from their wealth is sufficient to cover the required Jizya, it is taken, and any remainder is waived.