What is the proper disbursement of the levy collected from Banu Taghlib?
General Chapter
Al-Mughni
Book of Jizya
Primary text
The proper disbursement of the collected levy is the disbursement of Fay' (public treasury spoils not designated for specific Zakat recipients). This is the opinion chosen by Al-Qadi, because the levy is taken from polytheists (mushrikun) and is essentially Jizyah named Sadaqah.
Supporting text
Abu al-Khattab asserts that the disbursement should go to the categories designated for Sadaqah recipients because it is named Sadaqah and the manner of collection follows the rules of Sadaqah concerning who it is taken from. However, the former opinion is considered more analogous and sound because the meaning of a thing is more specific to it than its name; for example, calling a man a lion does not confer the ruling of a lion upon him. Additionally, if it were true Sadaqah, it could be given to the poor among those from whom it was taken, which contradicts the principle that the collection mechanism should define the disbursement if the underlying nature is contested.