Is an offer by a Taghlibi (a specific non-Muslim tribe) to pay Jizya accepted if it means avoiding Sadaqa (charity)?
General Chapter
Al-Mughni
Book of Jizya
Primary text
The offer by a Taghlibi to pay Jizya while avoiding Sadaqa is not accepted because the initial settlement was stipulated upon this condition, and it cannot be altered.
Supporting text
It is probable that the offer is accepted because of the statement of Allah Almighty: "until they give the Jizya willingly out of hand" (Quran 9:29), and this person has indeed offered the Jizya. Furthermore, if a person offering Jizya is a belligerent (harbi), it is accepted due to the aforementioned verse and the report of Buraydah: 'Call them to pay the Jizya; if they comply, accept it from them and refrain from fighting them.'