The Magians are People of the Book and jizyah is taken from them

Farwah bin Nawfal al-Ashja'i said: Why will you take the jizyah from the Magians when they are not People of the Scripture? Al-Mustawrid said: O enemy of Allah! You are criticising Sayyiduna Abu Bakr (may Allah be pleased with him), Sayyiduna Umar (may Allah be pleased with him) and Sayyiduna Ali (may Allah be pleased with him) because they took the jizyah from them. When they went to the royal palace, Sayyiduna Ali (may Allah be pleased with him) came out to them. The narrator says: The two of them sat in the shade of the palace, and Sayyiduna Ali (may Allah be pleased with him) said: I know about the Magians; they used to teach knowledge and teach a book. Their king, in a state of intoxication, committed fornication with his daughter or his sister, and some people came to know of it, so they came to carry out the prescribed punishment (hadd). He held them off. Then he summoned his people and said: Is there any religion better than the religion of Adam, in which he used to marry his sons to his daughters? I am upon the religion of Adam. The narrator says: They pledged allegiance to him and fought those who opposed them until they killed them. Then in the morning they found that their book had been taken away in the night and lifted from among them, and the knowledge in their hearts had been removed. So they are People of the Scripture, and the Messenger of Allah (peace and blessings be upon him), Sayyiduna Abu Bakr (may Allah be pleased with him) and Sayyiduna Umar (may Allah be pleased with him) took the jizyah from them.

Imam Ibn Khuzaymah (may Allah have mercy on him) said: In this chain it is Ibn Uyaynah, who narrated it from Abu Sa'd al-Baqqal and said: "from Nasr bin Asim." Nasr bin Asim is al-Laythi, whereas it is really Isa bin Asim al-Asadi, a Kufan. Ibn Khuzaymah said: The mistake in it comes from Ibn Uyaynah, not from al-Shafi'i, for others besides al-Shafi'i also narrated it from Ibn Uyaynah and said: "from Nasr bin Asim."

Bajalah bin Abdah says: I was the scribe of Jaz' bin Mu'awiyah, the paternal uncle of al-Ahnaf bin Qays. A letter from Sayyiduna Umar (may Allah be pleased with him) came to him: "Kill every sorcerer, and separate every pair of mahram relatives among the Magians." Sayyiduna Umar (may Allah be pleased with him) had not taken the jizyah from the Magians until Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) testified that the Messenger of Allah (peace and blessings be upon him) had taken it from the Magians of Hajar.

Imam al-Shafi'i (may Allah have mercy on him) mentioned this from Sufyan bin Uyaynah with his chain, in abridged form, regarding the jizyah.
Imam al-Shafi'i (may Allah have mercy on him) says: The hadith of Bajalah is connected (muttasil) and established, for he met Sayyiduna Umar (may Allah be pleased with him) and in his time was a scribe for his governors. The hadith of Nasr bin Asim from Sayyiduna Ali (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) is connected, and we act upon it. Two broken (munqati') hadiths have also been narrated from the people of the Hijaz about taking the jizyah from the Magians.

Ja'far bin Muhammad narrates from his father that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) mentioned the Magians and said: I do not know what to do in their matter. Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) said to him: I bear witness that I heard the Messenger of Allah (peace and blessings be upon him) say: "Treat them in the way the People of the Scripture are treated."

Ibn Shihab says that the Messenger of Allah (peace and blessings be upon him) took the jizyah from the Magians of Bahrain, and Sayyiduna Uthman (may Allah be pleased with him) took the jizyah from the Berbers. Ibn Wahb added in his narration that Sayyiduna Umar (may Allah be pleased with him) took the jizyah from the Magians of Persia.
The Shaykh said: Ibn Shihab took this hadith of his from Ibn al-Musayyib, and the mursal reports of Ibn al-Musayyib are hasan (good), all the more so when what has preceded supports it.

Sa'id bin al-Musayyib (may Allah have mercy on him) says that the Messenger of Allah (peace and blessings be upon him) took the jizyah from the Magians of Hajar, Sayyiduna Umar (may Allah be pleased with him) took the jizyah from the Magians of al-Sawad, and Sayyiduna Uthman (may Allah be pleased with him) collected the jizyah from the Magians of the Berbers.

Bajalah bin Abdah narrates from Abdullah bin Abbas (may Allah be pleased with them both) that a man from Bahrain, who was one of the Magians of Hajar, came to the Prophet (peace and blessings be upon him) and stayed with him for a while. After he came out, I asked him: What have Allah and His Messenger decided about you? He said: Something bad. I asked: What? He said: Accept Islam or be killed.
The narrator says: Abd al-Rahman bin Awf (may Allah be pleased with him) says that he (peace and blessings be upon him) accepted the jizyah from them.
(b) Abdullah bin Abbas (may Allah be pleased with them both) says: The people accepted the statement of Abd al-Rahman bin Awf (may Allah be pleased with him) and left what I had heard from an Asbadhi.
The Shaykh says: They left the statement of the Asbadhi Magian and accepted the statement of Abd al-Rahman bin Awf (may Allah be pleased with him), because after that conversation revelation came, on the basis of which he (peace and blessings be upon him) accepted the jizyah.

Sayyiduna Amr bin Awf (may Allah be pleased with him), who was an ally of Banu Amir bin Lu'ayy and a Companion who fought at Badr, says that the Messenger of Allah (peace and blessings be upon him) sent Sayyiduna Abu Ubaydah bin al-Jarrah (may Allah be pleased with him) to collect the jizyah from the Magians of Bahrain. The governor of Bahrain was Sayyiduna al-Ala' bin al-Hadrami (may Allah be pleased with him), whom the Prophet (peace and blessings be upon him) had appointed after making peace. When Sayyiduna Abu Ubaydah (may Allah be pleased with him) came with wealth from Bahrain and the Ansar heard of his arrival, they completed the morning prayer with him (peace and blessings be upon him) and then presented themselves before him. He (peace and blessings be upon him) smiled on seeing them and said: "You must have heard that Abu Ubaydah has brought wealth?" They said: O Messenger of Allah (peace and blessings be upon him), you have spoken truly. He (peace and blessings be upon him) said: "Receive glad tidings of what will please you. I do not fear poverty for you, but I fear for you the prosperity of the world, just as the world was spread out for those before you and they vied with one another for it, and it distracted them; lest it distract you too."

Likewise (through another chain).

Jubayr bin Hayyah says: Umar bin al-Khattab (may Allah be pleased with him) sent people from various cities to fight the polytheists. He mentioned the hadith in which the acceptance of Islam by al-Hurmuzan is also mentioned. The narrator says: Sayyiduna Umar (may Allah be pleased with him) said to al-Hurmuzan: I wish to consult you about these campaigns of mine, so advise me about the campaigns of the Muslims. He said: Yes, O Commander of the Faithful! The likeness of this land, and of the people in it who are enemies of the Muslims, is that of a bird which has a head, two wings and two feet. If one wing is broken, it will rise up with one wing, the two feet and the head. If the other wing is also broken, it will rise up with the two feet and the head. But if the head is crushed, then the feet, the wings and the head all perish. The head is Kisra, one wing is Caesar and the other wing is Persia. So command the Muslims to march against Kisra. Bakr and Ziyad both narrate from Jubayr bin Hayyah: Umar bin al-Khattab (may Allah be pleased with him) called us and made al-Nu'man bin Muqarrin (may Allah be pleased with him), of the tribe of Muzaynah, our commander. The narrator says: We set out along with the people until we drew near the enemy, and the equipment and weapons of our people were leather shields, broken spears and arrows. We kept marching, and we did not have many horses. Between us and the enemy there was a river. Kisra's governor brought an army of forty thousand and stationed it on the other side of the river. He said: Send out a man to talk with us. Al-Mughirah bin Shu'bah (may Allah be pleased with him) was sent out, because he was a merchant and understood languages. The narrator says: The interpreter began the conversation and said: Let one of your men speak with me. Al-Mughirah bin Shu'bah (may Allah be pleased with him) said: Ask whatever you wish. The interpreter asked: Who are you? Al-Mughirah bin Shu'bah (may Allah be pleased with him) said: We are Arab people, stricken with misery and surrounded by hardships. From hunger we used to suck leather and date-stones. We used to wear clothing of wool and hair, and we used to worship trees and stones, when the Lord of the heavens and the earth sent to us a Messenger (peace and blessings be upon him) from among ourselves, whose parents we know. The Messenger of our Lord (peace and blessings be upon him) commanded us "to fight you until you worship Allah alone or pay the jizyah." The Messenger of Allah (peace and blessings be upon him) also informed us that "whoever of us is killed will go to a Paradise and bliss the like of which he has never seen, and whoever of us remains will become the master of your necks." The narrator says: That man said: Tomorrow we will order a bridge to be built between us and you. The narrator says: When the bridge was built, the enemies of Allah drew up an army of one hundred thousand against us: sixty thousand clad in iron and forty thousand archers. They circled around us ten times. The narrator says: We were only twelve thousand. They said again: Send out a man to talk with us. We again sent out al-Mughirah bin Shu'bah (may Allah be pleased with him), and he repeated his earlier words. The king said: Do you know the likeness of us and you? Al-Mughirah bin Shu'bah (may Allah be pleased with him) said: What is the likeness of us and you? The king said: It is the likeness of a man who has a garden of fragrant plants, and a fox has been harming him, so the owner of the garden says: O fox! Were it not that my garden would stink from your carcass, I would have prepared something to kill you. And were it not that our cities would stink from your carcasses, we would have killed you yesterday. Al-Mughirah bin Shu'bah (may Allah be pleased with him) said: Do you know what the fox answered the owner of the garden? The king said: What did it answer? Al-Mughirah bin Shu'bah (may Allah be pleased with him) said: It said: O owner of the garden! Dying in this garden of yours among the fragrant plants is dearer to me than going out to a barren land where there is nothing. By Allah! Even if there were no religion, given the wretched state I have described to you, we would never return to that wretchedness until we share with you what you enjoy or die. So how then, when whoever of us is killed inherits the mercy of Allah and His Paradise, and whoever remains inherits your necks, that is, becomes your ruler? Jubayr says: For a whole day neither they nor we fought. Al-Mughirah bin Shu'bah (may Allah be pleased with him) said to al-Nu'man bin Muqarrin (may Allah be pleased with him): O commander! The day has passed. If I had been given command as Allah has made you commander, I would have started the battle, and then Allah would have judged as He pleased. Al-Nu'man bin Muqarrin (may Allah be pleased with him) said: Many a time Allah has made you witness situations like this, and then He neither caused you regret nor disgraced you; but I was present with the Messenger of Allah (peace and blessings be upon him) many times, and when he did not fight in the early part of the day, he would wait for the winds to blow and for the time of prayer. Listen, O people! I will not be able to call out to you all, so keep watching my banner. When I move it, get ready. Whoever wants to strike with a spear or a staff, let him prepare his weapon; whoever wants to strike with a dagger or a sword, let him also prepare. When I move the banner the second time, be fully ready, and when it is moved the third time, attack. If I am killed, my brother will be commander; if he is martyred, Hudhayfah (may Allah be pleased with him) will be commander; and if he too is killed, al-Mughirah bin Shu'bah (may Allah be pleased with him) will be commander.
(b) Ziyad's father relates: Allah killed them, and we saw a mule loaded with honey and ghee with the slain heaped upon it. I can liken it to nothing but a heap of fish thrown one on top of another. I recognised that killing does happen on earth, but this was something Allah had brought about. The Muslims prevailed; al-Nu'man bin Muqarrin (may Allah be pleased with him) and his brother were martyred, and Hudhayfah (may Allah be pleased with him) became commander.

Abu Raja' al-Hanafi (may Allah have mercy on him) says: Sayyiduna Hudhayfah (may Allah be pleased with him) wrote to Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that so-and-so and so-and-so of the Muhajirun had been martyred, and he wrote about those who could not be identified. When Sayyiduna Umar (may Allah be pleased with him) read the letter, he wept and said: Allah knows them, saying it three times. (b) In this there is evidence for taking the jizyah, since Kisra and his companions were Magians.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says: When the prophet of the people of Persia died, Iblis wrote down Magianism for them.