The crucial passage of Sura IX.29 has been variously interpreted by commentators of the Qur'an, scholars of Hadit and lexicographers. In recent years F. Rosenthal, C. Cahen, and M. M. Bravmann have dealt with this obscure passage.' The following lines survey some of the Muslim interpretations of the expression can yadin and attempt to arrive at a satisfactory conclusion.
I
Abu Ubayda (d. 209 A.H.) explains the expression an yadin as yielding on the part of the subdued by payment (scil. of some tax) under compulsion.2 Al-Kalb! (d. 146 A.H.) is said to have interpreted the expression by yamuna bihd, they are to bring the gizya walking.3 This interpretation is quoted as an anonymous opinion by Abu `Ubayd.4 To Abu Ubayd (d. 224 A.H.) himself is attributed a similar explanation of an yadin: the payer would not come riding, nor would he send the gizya by a messenger.5 Abu `Ubayd records other interpretations: an yadin denotes payment of the gizya in cash, or that the payer should stand while the receiver of the gizya remains seated.6 The latter interpretation is recorded by al-Nahhas (d. 338 A.H.) as an interpretation of a sahabi, al-Mugira b. Su`ba and accepted by `Ikrima (i.e., the mawld of `Abd Allah b. al-,Abbas).? In fact this interpretation, included in the famous conversation of al-Mugira with Rustum, is recorded by al-Suyuti (d. 911 A.H.),8 but is given not as an explanation of `an yadin, but of the following phrase, wa-hum sdgiruna. Ibn al-'Arabi (d. 542 A.H.) rightly remarks that this explanation refers to wa-hum sdgiruna;9 his gloss is quoted by al-Qurtubi (d. 671 A.H.).10 Al-Suyuti records interpretations of early scholars. Qatada (d. 118 A.H.) rendered can yadin by an qahrin, under compulsion. Sufyan b. 'Uyayna (d. 198 A.H.) explains that it denotes payment of the tribute in person, not through a messenger." Abu Sinn explains can yadin by an qudratin, ability (i.e., being able to pay or having the ability to collect the tax-the definition is ambiguous).12 Abu Bakr al-Sigistani (d. 330 A.H.) records three interpretations: an qahrin, by compulsion on the part of the receiver and humbleness on that of the payer, can maqdiratin minkum 'alayhim wa-sultdnin, strength and power of the receivers of the tribute in relation to the payers, an in`dmin, as recompense for a favor, that is, the acceptance of the gizya and leaving their life to them is a favor and kindness.13 Similar explanations are given by Ragib al-Isfahani.14 Abu Hayyan (d. 754 A.H.) records another explanation of Qatada: the hands of the payers should be lower than the hands of the receivers of the tax.15 Two other explanations recorded by Abu Hayyan are the interpretation of the recompense for favor and the interpretation of the power of the receivers and the humbleness of the payers.16
Three interpretations recorded by Abu Hayyan specially deserve to be stressed: the first one renders an yadin, can gama'atin. This would imply that the gizya has to be paid for the whole community; no one would be exempted.17 The second interpretation is that of Ibn Qutayba (d. 276 A.H.): can yadin means mubtadi' an gayra mukafi'in; the gizya is not a remuneration for a favor.' 8 In the third interpretation, an yadin does not refer to the receiver, but to the payer of the gizya. The rendering is:... until they pay the gizya out of (a situation of) ability and (financial) sufficiency (`an ginan wa-qudratin); as gizya is not collected from the poor.19
Al-Zamahgari (d. 528 A.H.) explains the expression 'an yadin20 as referring both to the payer and to the receiver of the tax: referring to the payer it denotes obedience, compliance, and submission; referring to the receiver it denotes a powerful, compelling hand.21 Other interpretations quoted by al-Zamahgari are payment from hand to hand and payment as recompense for the kindness that their lives (i.e., of the payers) are spared. Bringing the tribute walking (not riding) is mentioned by al- Zamahgan in his description of the humiliation of the payers in connection with the expression wa-hum sagiruna.
Ibn al-Arabi (d. 542 A.H.) records 15 interpretations of the expression `an-yadin: 1. the tribute to be given by the payer standing, while the receiver is seated (<="" p="">
The various definitions recorded by Ibn al-Arabi are controversial. Ibn al-Arabi is aware of this fact23 and tries to trace the differences back to various meanings of the word yad: whether it is used in the literal sense, a hand, or it is used metaphorically. Literally, it denotes payment from hand to hand in person; metaphorically, it indicates power, prompt payment or favor and kindness.24
II
One of the principal difficulties in the understanding of this obscure expression was to determine whether the noun yad refers to the receiver of the tribute or to the payer. The expression an yadin is defined as ha125 and is interpreted by different commentators as denoting either the payer or the receiver of the tax, according to the suffix added.26 The interpretations in which two divergent meanings are attached to an yadin are an interesting attempt to solve the problem. It is obvious that the interpretations: strength, compulsion, payment from hand to hand, recompense for favor or humbleness of the payer, were the current and prevailing ones. These definitions suited the views of the majority of the fugaha', accorded with the position of the ahl-al-dimma and the actual tax-collecting procedure.27
In order to explain the expression in accordance with some of the interpretations, the preposition an had to be glossed by the preposition bi.28 In these interpretations 'an yadin is conveniently complemented by the following circumstantial clause wa-hum sagiruna.
But nothing seems to point to the fact that these are the early ones. One may assume that a quite early interpretation was the interpretation of can yadin by `an 'ahdin (no. 10 in the list of Ibn al-Arabi). According to this interpretation the phrase would be rendered:
... till they pay the tribute on the basis of a pact (concluded by them with the Muslims) they being inferior (in status).
According to this interpretation the tribute is in fact paid by the ahl al-dimma in respect of their blood not being shed and their being allowed to reside in the abode of Islam; this is defined by a pact.29 Sagar is interpreted as compliance with the law of Islam.30 This interpretation fairly reflects the spirit of the early period of Islam in which the conquering Muslims concluded pacts with the conquered. It does, indeed, seem to be an early interpretation. The problem whether this is in fact the intention of the phrase of the Qur'an is, however, not solved.
III
The expression an zahri yadin is interpreted by al-Zamahgari in "al- Fa'iq":31 it is explained as an zahri in`amin mubtadi'an min gayri mukafa'atin `ald sani'in. The phrase: Alta' 1-gazila can zahri yadin would be rendered thus: he gave plenty, giving it gratuitously, that is, without any favor being granted to him. Asas al-balaga of al-Zamahgari has the same explanation:32 an zahri yadin, min gayri mukafa'atin. Two other expressions are recorded by al-Zamahgari in Asas and by Ibn Manzflr in L. CA.: Fulanun ya'kulu an zahri yadi fulanin ida kdna huwa yunfiqu `alayhi and alfugard'u ya'kuluna can zahri aydi l-ndsi.33 It is evident that the phrase denotes to live on the expenses, means, or resources of somebody.
Al-Sarif al-Radiyy (d. 406 A.H.) explains the word zahr in the saying al-sadaqatu an zahri ginan as quwwatun min ginan.34 In this passage alSarif al-Radiyy explains the expression a`taytu fulanan kada an zahri yadin as giving somebody (a gift) out of a position of strength, power of resistance, as opposed to humbleness and fear (an imtina in waquwwatin, lam u'tihi `an hifatin wa-dillatin). "This meaning," says al-Sarif alRadiyy, "is contrary to the meaning inherent in the words of Allah hatta yu`tu 1-gizyata wa-hum sagiruna." "It seems," continues al-Radiyy, "that the omission of the word zahr in the phrase of the Qur'an changed the meaning." Al-Sarif al-Radiyy concludes that an yadin in the discussed sentence of the Qur'an denotes humbleness, submission, fear; the contrary of it is `an zahri yadin denoting strength, free choice and man's own will.35 In his Talhis al-bayan, al-Sarif al-Radiyy explains the expression `an yadin as a metaphor denoting paying the tribute humbly and submissively (an hugu`in wa-dara'atin wa-dullin wa-stikanatin).36
He compares this meaning with the idea inherent in the expression a`td fulanun bi-yadihi (other explanations-already mentioned-are also quoted).
It is not all the more striking to find al-Zamahsari interpreting can yadin in his Asas al-Balaga,37 as paying the gizya in a position of submission and obedience or payment in cash without postponment.
In both interpretations (of al Radiyy and of al-Zamahgar3) a line is thus drawn between an yadin and can zahri yadin. `An yadin, contrary to `an zahri yadin, is explained as submission, obedience, humbleness, and so on.
But the true meaning of can yadin can be gauged from the following verse of Durayd b. al-Simma:
Yad in this verse explicitly denotes wealth, or sufficient resources for spending (on the poor and needy), or generous distribution (of gifts).
That an yadin is identical with an zahri yadin is explicitly stated by Ibn Qutayba.39 Al-Mawardi records as one of his two interpretations of the discussed expression: `an ginan wa-qudratin, paying the gizya in a situation of (having) sufficient means and resources and ability to pay.40
It is essential to point out that Abu Ubayd accepts the idea of the payer's financial ability (wa-hada `indana madhabu 1-gizyati wa-l- haragi, innama huma 'ald qadri l-tagati min ahli 1-dimmati) as the basis for fixing the amount of the tax.41 This passage of Abu Ubayd is repeated verbatim by his pupil, Ibn Zangawayh.42
This seems to have been, in fact, the intention of the discussed phrase in the Qur'an. The aya was revealed on the eve of the expedition of Tabuk.43 The intention was not to give instructions regarding the ways and procedures governing the collection of taxes;44 it was an injunction as to the attitude to be adopted by the Muslim warriors towards the ahl al-dimma. The phrase enjoined the warriors to combat the enemy until they agreed to pay tribute according to their means and capacity. This idea is clearly reflected in the terms of the pacts concluded with the ahl aldimma. The pacts concluded with the people of Isfahan and Gurgan, for instance, positively state that the amount of the gizya would be fixed according to the payer's ability ('ala anna 'alaykum min al-gaza'i ft kulli sanatin 'ala qadri tagatikum).45 The phrase wa-hum sagiruna is not a complementing phrase for an yadin; it constitutes a crucial pronouncement concerning the position of the ahl al-dimma: but they are inferior in status. The phrase may be rendered:
... fight them ... until they pay the gizya out of ability and sufficient means, they (nevertheless) being inferior.
It is interesting to note that this interpretation is given by the modern Egyptian scholar Ragid Rida. He renders can yadin by `an qudratin wa- salatin.45
This rendering seems to be faithful to the original intent of the phrase of the Qur'an.
NOTES
1. Franz Rosenthal, "Some Minor Problems in the Qur'an," in The Joshua Starr Memorial Volume (New York: Jewish Social Studies, Publication no. 5, 1953), pp. 68-72; Claude Cahen, "Coran IX, 29: Hatta yu`tu 1-gizyata `an yadin wa-hum sagiruna," in Arabica 9:76-79; Meir Bravmann, "A propos de Qur'an IX, 29. Hatta yu`tu 1-gizyata," in Arabica 10:94-95. All these articles are to be found in the present volume.
2. Abu `Ubayda, Magaz al-Qur'an, ed. F. Sezgin, 1, 256; and see Al- Gassas, Ahkam al-Qur'an (Cairo, 1347 A.H.), III, 122: and see L. A, s.v. ydy (vol. 15, 424, ed. Beirut).
3. L. 'A., s.v. ydy.
4. K. al-Amwal, p. 54: gala ba`duhum (Cairo, 1353 A.H.).
5. L. 'A., s.v. ydy.
6. al-Amwal.
7. al-Nasih wa-l-mansuh (ed. Cairo, 1357 A.H.), p. 169.
8. al-Durr al-mantur (Cairo, 1314 A.H.: reprint offset: Teheran 1377 A.H.), 111,228.
9. Ahkam al-Qur'an (ed. Cairo 1331 A.H.), I, 378.
10. al-Oami'i-ahkam al-Qur'an (Cairo, 1358 A.H.), VIII, 115; al-Oassas, Ahkam al-Qur'an; see al-Suli, Adab al-kuttab, ed. Bahgat al-Atari (Cairo, 1341 A.H.), p. 215.
11. Recorded by al-Nahha s anonymously, op. cit.; comp. above n. 5.
12. al-Durr al-mantur.
13. Carib al-Qur'an, ed. Mustafa<="" p="">
14. al-Mufradat, s.v. yad (Cairo, 1324 A.H.).
15. al-Bahr al-muhit (ed. Cairo, 1328 A.H.), V, 30.
16. See al-Nahhas, op. cit.; L.A., s.v. ydy; Nizam al-din al-Nisaburi, Tafsir gara'ib al-Qur'an (on margin of the Tafsir of al-Tabari, ed. Bulaq, 1327 A.H.), X, 66; and see al-Tabarsi, Magma, al-Bayan (ed. Beirut), X, 44-45.
17. La yufa an di fadlin li fadlihi.
18. Abu Hayyan quotes Ibn Qutayba: an yadin is identical with an zahri yadin; the interpretation recorded by AN Hayyan is given in Ibn Mutarrif's al- Qurtayn (Cairo, 1355 A.H.), 1, 193.
19. Fa-la tu'hadu min al-faqiri.
20. al-Kaggaf (ed. Cairo, 1354 A.H.), II, 147-48.
21. Quoted by Abu Hayyan; and see the explanation in Ibn al-Atir's Nihaya, s.v. ydy.
22. Ahkam al-Qur'an (Cairo, 1331 A.H.), 1, 378.
23. Hadihi l-agwalu minha mutadahilatun wa-minha mutanafiratun.
24. For yad explained literally and metaphorically, see Ibn Qutayba, al- Ihtilaf f i l-lafz, ed. al-Kawtari (Cairo, 1349 A.H.), p. 28; and see al-Bayhagi, al- Asma' wa l sifat (ed. Cairo, 1358 A.H.), p. 319; and see al-Sarif al-Murtada, Amali (ed. Cairo, 1954), II, 3-5.
25. Rib al-Isfahan, op. cit.; al 'Ukbari, Imla'u ma manna bihi l-rahman, ed. Ibr. `Atwa 'Awad (Cairo, 1961), II, 13: f i mawdi'i i-hali.
26. `an maqdiratin minkum 'alayhim (al-Sigistani, op. cit.); an in`amin minkum `alayhim (al-Qurtubi, op. cit.), etc.
27. Comp. the discussion about itlab al-anbat in Abu Ubayd's Amwal, ibid.; See al-Gassas, Ahkam al-Qur'an; see the tradition of Said B. al-Musayyab in al-Durr al-mantur; and see A. Fattal, Le statut legal des non-Musulmans en pays d'Islam, pp. 286-88.
28. Comp.: an yadin ya`ni an naqdin min qawlihim yadan bi-yadin (al- Gassas, Ahkam al-Qur'an); ... aw bi-aydihim ... fa-`an 'ala hada bi ma`na 1ba', fa-l-zarfu lagwun (al-Gamal, al-Futuhat al-Ilahiyya, II, 288).
29. See Ibn al-Arabi, op. cit., I, 379 sup.:... annaha tagibu bi-l- mu'agadati wa-l-taradf ... ; and see the refutation of this view, ibid., I, 3-4; and comp. al-Gamal, op. cit., 11, 288:... ka-annahu qUa gatiluhum hatta yu`tu 1gizyata an tibi nafsin wa-ngiyadin duna an yukrahu 'alayhi, fa-ida htiga f i ahdiha minhum ila l-ikrahi la yabga 'agdu 1-dimmati.
30. See al-Bayhagi, Ahkam al-Qur'an, ed. al-Kawtari (Cairo, 1952), p. 79.
31. A1-Zamahsari, "al-Fa'iq," III, 228 ed. 'Ali Muh. al-Bikawi-Muh. Abu 1Fadl Ibrahim (Cairo, 1945-48).
32. Al-Zamahgari, "Asas al-balaga, II, 366, s.v. ydy; the same interpretation is recorded in L. A., s.v. zahr.
33. Asas al-balaga, s.v. zhr; L. 'A., s.v. zhr (vol. 4, p. 521, ed. Beirut).
34. al-Magazat al-nabawiyya, no. 44, ed. MahmUd Mustafa (Cairo, 1937), p. 66; and comp. the explanation of this expression in L.'A., s.v. zhr.
35. Al-Sarif al-Radiyy, pp. 67 inf.-68 sup.
36. Al-Sarif al-Radiyy, Talhis al-bayan (ed. Bagdad, 1953), p. 59.
37. s.v. ydy.
38. al Asma'iyyat, ed. Ahlwardt, XXIV, 3, p. 23.
39. Quoted in al-Bahr al-muhit, see above n. 17.
40. al-Nuwayri, Nihayat al-arab, VIII, 235; and see F. Rosenthal, "Some Minor Problems in the Qur'an," p. 70, quoted from al-Baydawi: `an ginan; and see the interpretation in al-Bahr al-muhit, above n. 17; and see the interpretation no. 9 in the list of Ibn al-Arabi.
41. al-Amwal, pp. 41-42 (no. 106-107).
42. al-Amwal, ms. Burdur 183 f. 16a.
43. See Noldeke-Schwally, Die Geschichte des Qorans, I, 224
44. See F. Rosenthal, "Some Minor Problems in the Qur'an," p. 69.
45. al-Sahmi, Ta'rih Gurgan (ed. Hyderabad, 1950), p. 5; Abu Nu'aym, Geschichte Isbahans (ed. S. Dedering), I, 26. I am indebted to Professor Claude Cahen for his kind remarks, which stimulated me to check these sources.
46. al-Wahyu 1-muhammadi (ed. Cairo, 1354 A.H.), p. 278.