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Q&A: Is the Land of Tamim Ad-Darri (ra) classified as ushri or kharaj land?

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We know that Prophet Muhammad صلى الله عليه وسلم had allocated land for the noble companion Tamim Ad-Darri (ra) in Al-Khaleel which is now known as Al-Maskoubiyah. We are confused regarding the classification of this land; is it a 'Ushri land or a Kharaj land, bearing in mind that in the book Funds in the Islamic State, in the classification of 'Ushri land it did not include the land that is allocated to someone becomes 'Ushri land but that the 'Ushri or Kharaj lands can be allocated. Some Shabab (members) have the view that the land of Tamim Ad-Darri (ra) is 'Ushri land, does this view have any basis which is not mentioned in the Funds book?
May Allah Reward you with all the good on our and the Muslims' behalf and bring joy to your eyes and the Muslims with the victory and authority under the shade of the Khilafah upon the method of the Prophethood soon inshaAllah.
From Mohamad Sukker
Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu,
It is true that the issue of the allocation of land to Tamim Ad-Darri by the Prophet صلى الله عليه وسلم before it was opened is not detailed in the book Funds in the Islamic State but instead the types of 'Ushri lands are mentioned. However, it is mentioned in great detail and clearly in Islamic Personality (Shakhsiya) Volume Two under the chapter of "The 'Ushri, Kharaj and peace lands" on pages 235-237 (Arabic version); in the explanation of the types of 'Ushri lands it mentions that:
(... As for the 'Ushri land it is the land which 'Ushr (one-tenth) is taken from, or half of the 'Ushr as Zakat from its produce, it is called so due to the ten percent ('Ushr) that is taken from the produce of the land as its Zakat.
It includes any land whose inhabitants embraced Islam from the onset like Medina Munawarra and Indonesia.
'Ushri land also includes the Arabian Peninsula, whether all of its inhabitants have embraced Islam like Medina, or it was opened by force like Mecca.
Every land opened by force and divided by the Imam (Khaleefah) between the Muslim fighters, like the land of Khaybar, or partially left in the hands of Muslim fighters.
Also the 'Ushri land includes the lands allocated by the Imam (Khaleefah) to the people from the lands opened by force.
Also what is allocated by the Imam from lands which are not opened yet, after Allah سبحانه وتعالى opens it for the believers, it becomes a gift to whom it is allocated for, this is like the allocation of the land of Habra and Hibron and Al-Marhon and 'Ainoon in Al-Khaleel to Tamim Ad-Darri by the Prophet صلى الله عليه وسلم.
When Tamim Ad-Darri (ra) came to the Prophet صلى الله عليه وسلم with his people, he asked the Prophet صلى الله عليه وسلم to allocate these areas for him if Allah سبحانه وتعالى opens them for the Muslims, and they were allocated for him, and he documented it in a letter and Omar (ra) was a witness for the document; when Allah سبحانه وتعالى opened it for the Muslims at the time of Omar (ra), he asked Omar to hand it over to him which he did fulfilling the allocation of the Prophet صلى الله عليه وسلم). End.
The land allocated by the Prophet صلى الله عليه وسلم to Tamim Ad-Darri (may Allah be pleased with him) is a 'Ushri land, and it was classified in narrations regarding this issue: It was extracted by Abu Ahmad Hameed Bin Mukhlad Bin Qutaiyba Bin Abdullah Al-Kharsani known as Ibn Zanjoyah (Deceased: 251 AH) in his book "Al-Amwal" on the authority of Az-Zuhri, and Thawr Bin Yazeed from Rashid Bin Sa'd, they said: Tamim Ad-Darri got up, and he is Tamim Bin Aws a man from Lakhm, and said: "O Messenger of Allah, I have Roman neighbours in Palestine who own a village known as Habra and another one called Bait 'Ainoon, if Allah opens Ash-Sham for you then give it as a gift to me." The Prophet صلى الله عليه وسلم said, «هُمَا لَكَ» "They are for you." He said document it for me in a letter, so He صلى الله عليه وسلم wrote,
«بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ هَذَا كِتَابٌ مِنْ مُحَمَّدٍ رَسُولِ اللَّهِ، لِتَمِيمِ بْنِ أَوْسٍ الدَّارِيِّ، أَنَّ لَهُ قَرْيَةَ حَبْرَى وَبَيْتَ عَيْنُونَ...»
"In the name of Allah Ar-Rahman Ar-Raheem this is a letter from Muhammad the Messenger of Allah صلى الله عليه وسلم to Tamim Bin Aws Ad-Darri, that the village of Habra and Bait 'Ainoon are for him..."
Abu Ubaid extracted a similar narration in "Al-Amwal" and Abu Yusuf in "Al-Kharaj".
I hope the answer is clear enough by the permission of Allah.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
28 Shawwal 1435 AH
24/8/2014 CE
The link to the answer from the Ameer's Facebook page:
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