What is the legal status of land where non-believers reconciled with Muslims, agreeing that the land belongs to Muslims, and they remain cultivating it in exchange for a known *Kharaj* (land tax)?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
Such land is a *Waqf* for the Muslims, similar to the previously mentioned category. This is evidenced by the Prophet's (PBUH) settlement with the people of Khaybar, where he conquered it but allowed them to cultivate the land in exchange for half the yield, establishing it as belonging to the Muslims.
Supporting text
The settlement made with Banu Nadir, where they were allowed to evacuate Medina taking their possessions except for weaponry (al-Halaqah), which became spoils (*Fay'*) for the Messenger of Allah, serves as a parallel case regarding property division upon settlement.