Is Jizya incumbent upon an individual afflicted with an incurable disease preventing fighting ability?
General Chapter
Al-Mughni
Book of Jizya
Primary text
There are differing opinions concerning Jizya on those who are perpetually ill and unable to fight. One school of thought, attributed to Al-Shafi'i in one ruling, holds that Jizya is due because their blood is not protected (i.e., they could potentially be killed if they were capable), referencing the hadith, 'Take from every adult one Dinar.' The primary evidence against this states that Umar (may Allah be pleased with him) divided Jizya into three tiers, implying that the working poor are exempt from the highest tier, suggesting those incapable should be exempt. Furthermore, the principle that Allah does not burden a soul beyond its capacity (Quran 2:286) applies, as this is a wealth obligation tied to the passing of the year, similar to Zakat and blood money (diya), which are not required of the financially incapable. The hadith concerning the Dinar is interpreted to apply only to those from whom collection is feasible.
Supporting text
One opinion of Al-Shafi'i suggests Jizya is due based on the premise that they might be subject to killing, but the counter-argument maintains they are not killed, thus resembling women and children who are exempt.