Is Jizya incumbent upon a Muslim slave?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Jizya is not incumbent upon a Muslim slave. This is based on the hadith, 'There is no Jizya upon a slave,' and similar statements attributed to Ibn Umar. The obligation of Jizya upon a slave would necessitate the master paying it, which results in imposing Jizya upon a Muslim. The consensus of scholars whose views are recorded, including Ibn al-Mundhir, is that Jizya is not due on the slave, drawing analogy to women and children whose blood is protected, or to the poor and incapable who possess no wealth.
Supporting text
The view of Al-Kharqi and one narration from Ahmad suggests Jizya should be imposed, to be paid by the master. Umar ibn al-Khattab prohibited buying the slaves of Dhimmis so that the Muslim master would not assume the obligation to pay the Jizya on their behalf, which the Dhimmi master would pay for himself and his slave.