Is Jizya due from a freed slave who was formerly a disbeliever?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Jizya is due from a freed slave, whether the former master is Muslim or disbeliever. This is the correct narration from Ahmad, held also by Sufyan, Al-Layth, Ibn Lahi'ah, Al-Shafi'i, Abu Thawr, and the Companions of the Opinion (Ashab ar-Ra'y). It was also narrated from Umar ibn Abd al-Aziz. The evidence is that the freed slave is a free, financially capable, responsible individual capable of the offense of killing, and thus cannot remain in our domain without paying Jizya, similar to a native free person.
Supporting text
One narration from Ahmad suggests he is settled without Jizya, supported by a view similar to that of Al-Sha'bi, reasoning that manumission (wala') is a branch of slavery, which is established upon him. However, this view is considered an old opinion from which Ahmad recanted. Malik has two views: one aligning with the majority, and another stating that if the emancipator is Muslim, no Jizya is due because the obligation of wala' owed to a Muslim resembles the obligation of slavery.