Are the Magians (Zoroastrians) subject to the Jizyah?
General Chapter
Al-Mughni
Book of Jizya
Primary text
The Magians are considered to have a semblance of a Book, which justifies receiving the *Jizyah* and securing their lives, because it is narrated that they once possessed a Book that was subsequently lifted or lost. This semblance warrants the taking of the *Jizyah* from them, based on the Prophet's command: 'Institute the practice for them that you institute for the People of the Book.' This is the position of the majority of scholars, supported by the action of the Prophet, Abu Bakr, and Umar in taking the *Jizyah* from the Magians of Hajar, as narrated by Al-Bukhari.
Supporting text
A dissenting opinion, transmitted from Abu Thawr, holds that the Magians are People of the Book, and their women and slaughtered animals are permissible (halal). This view is refuted because it contradicts the general consensus. It is further argued that if their situation permitted intermarriage and consuming their food, the Prophet would not have prohibited the marriage of their women, as the Book permitting such actions must be one revealed to one of the two recognized groups, which the Magians are not.