أحكام أراضي الخراج

أحكام أراضي الخراج

Baladhuri's digest of the jurists on 'anwa land like the Sawad and al-Sham: Abu Yusuf — if the imam divides it among the conquerors it is 'ushr-land and its folk raqiq; if he leaves it for the Muslims as Umar did the Sawad, jizya on their necks and kharaj on the land — Abu Hanifa's view, ascribed also to Sufyan al-Thawri. Malik and Ibn Abi Dhi'b: a convert keeps his land, working it and paying kharaj. On kharaj-plus-zakah they split (Abu Hanifa forbids the union; Malik, Ibn Abi Dhi'b, Sufyan, Ibn Abi Layla, al-Awza'i allow it), likewise on repeated crops (one kharaj vs Ibn Abi Layla's per-harvest), on a year's neglect (replant or yield it), blight and drowning (kharaj drops), mawat revived ('ushr if rain- or spring-fed, kharaj if fed by kharaj-water), and on old Persian customs (Abu Sa'd preserves what Islam did not annul; Malik and al-Shafi'i abolish them however old).