When the Muslim army reached the valley of the Jordan and Abū ʻUbaydah pitched his camp at Fiḥl, the Christian inhabitants of the country wrote to the Arabs, saying: “O Muslims, we prefer you to the Byzantines, though they are of our own faith, because you keep better faith with us and are more merciful to us and refrain from doing us injustice and your rule over us is better than theirs, for they have robbed us of our goods and our homes.”[29] The people of Emessa closed the gates of their city against the army of Heraclius and told the Muslims that they preferred their government and justice to the injustice and oppression of the Greeks.[30]
Such was the state of feeling in Syria during the campaign of 633–639 in which the Arabs gradually drove the Roman army out of the province. And when Damascus, in 637, set the example of making terms with the Arabs, and thus secured immunity from plunder and other favourable conditions, the rest of the cities of Syria were not slow to follow. Emessa, Arethusa, Hieropolis and other towns entered into treaties whereby they became tributary to the Arabs. Even the patriarch of Jerusalem surrendered the city on similar terms. The fear of religious compulsion on the part of the heretical emperor made the promise of Muslim toleration appear more attractive than the connection with the Roman Empire and a Christian government, and after the first terrors caused by the passage of an invading army, there succeeded a profound revulsion of feeling in favour of the Arab conquerors.[31] [[56]]
For the provinces of the Byzantine empire that were rapidly acquired by the prowess of the Muslims found themselves in the enjoyment of a toleration such as, on account of their Monophysite and Nestorian opinions, had been unknown to them for many centuries. They were allowed the free and undisturbed exercise of their religion with some few restrictions imposed for the sake of preventing any friction between the adherents of the rival religions, or arousing any fanaticism by the ostentatious exhibition of religious symbols that were so offensive to Muslim feeling.[32] The extent of this toleration—so striking in the history of the seventh century—may be judged from the terms granted to the conquered cities, in which protection of life and property and toleration of religious belief were given in return for submission and the payment of jizyah.[33]
The exact details of these agreements cannot easily be disentangled from the accretions with which they have become overlaid, but whether verbally authentic or not, they are significant as representing the historic tradition accepted by the Muslim historians of the second century of the Hijrah—a tradition that could hardly have become established had there been extant evidence to the contrary. As an example of such an agreement, the conditions[34] may be quoted that are stated to have been drawn up when Jerusalem submitted to the caliph ʻUmar b. al-K͟haṭṭāb: “In the name of God, the Merciful, the Compassionate! This is the security which ʻUmar, the servant of God, the commander of the faithful, grants to the people of Ælia. He grants to all, whether sick or sound, security for their lives, their possessions, their churches and their crosses, and for all that concerns their religion. Their churches shall not be changed into dwelling places, nor destroyed, neither shall they nor their appurtenances be in any way diminished, nor the crosses of the inhabitants nor aught of their possessions, nor shall any constraint be put upon them in the matter of their faith, nor shall any one of them be harmed.”[35] [[57]]
Tribute was imposed upon them of five dīnārs for the rich, four for the middle class and three for the poor. In company with the Patriarch, ʻUmar visited the holy places, and it is said while they were in the Church of the Resurrection, as it was the appointed hour of prayer, the Patriarch bade the caliph offer his prayers there, but he thoughtfully refused, saying that if he were to do so, his followers might afterwards claim it as a place of Muslim worship.
It is in harmony with the same spirit of kindly consideration for his subjects of another faith, that ʻUmar is recorded to have ordered an allowance of money and food to be made to some Christian lepers, apparently out of the public funds.[36] Even in his last testament, in which he enjoins on his successor the duties of his high office, he remembers the d͟himmīs (or protected persons of other faiths): “I commend to his care the d͟himmīs, who enjoy the protection of God and of the Prophet; let him see to it that the covenant with them is kept, and that no greater burdens than they can bear are laid upon them.”[37]
A later generation attributed to ʻUmar a number of restrictive regulations which hampered the Christians in the free exercise of their religion, but De Goeje[38] and Caetani[39] have proved without doubt that they are the invention of a later age; as, however, Muslim theologians of less tolerant periods accepted these ordinances as genuine, they are of importance for forming a judgment as to the condition of the Christian Churches under Muslim rule. This so-called ordinance of ʻUmar runs as follows:—“In the name of God, the Merciful, the Compassionate! This is a writing to ʻUmar b. al-K͟haṭṭāb from the Christians of such and such a city. When you marched against us, we asked of you protection for ourselves, our posterity, our possessions and our co-religionists; and we made this stipulation with you, that we will not erect in our city or the suburbs any new monastery, church, cell or hermitage;[40] [[58]]that we will not repair any of such buildings that may fall into ruins, or renew those that may be situated in the Muslim quarters of the town; that we will not refuse the Muslims entry into our churches either by night or by day; that we will open the gates wide to passengers and travellers; that we will receive any Muslim traveller into our houses and give him food and lodging for three nights; that we will not harbour any spy in our churches or houses, or conceal any enemy of the Muslims; that we will not teach our children the Qurʼān;[41] that we will not make a show of the Christian religion nor invite any one to embrace it; that we will not prevent any of our kinsmen from embracing Islam, if they so desire. That we will honour the Muslims and rise up in our assemblies when they wish to take their seats; that we will not imitate them in our dress, either in the cap, turban, sandals, or parting of the hair; that we will not make use of their expressions of speech,[42] nor adopt their surnames; that we will not ride on saddles, or gird on swords, or take to ourselves arms or wear them, or engrave Arabic inscriptions on our rings; that we will not sell wine; that we will shave the front of our heads; that we will keep to our own style of dress, wherever we may be; that we will wear girdles round our waists; that we will not display the cross upon our churches or display our crosses or our sacred books in the streets of the Muslims, or in their market-places;[43] that we will strike the bells[44] in our churches lightly; that we will not recite our services in a loud voice when a Muslim is present, that we will not carry palm-branches or our images in procession in the streets, that at the burial of our dead we will not chant loudly or carry lighted candles [[59]]in the streets of the Muslims or their market-places; that we will not take any slaves that have already been in the possession of Muslims, nor spy into their houses; and that we will not strike any Muslim. All this we promise to observe, on behalf of ourselves and our co-religionists, and receive protection from you in exchange; and if we violate any of the conditions of this agreement, then we forfeit your protection and you are at liberty to treat us as enemies and rebels.”[45]
The earliest mention of this document is made by Ibn Ḥazm, who died in the middle of the fifth century of the Hijrah; its provisions represent the more intolerant practice of a later age, and indeed were regulations that were put into force with no sort of regularity, some outburst of fanaticism being generally needed for any appeal to be made for their application. There is abundant evidence to show that the Christians in the early days of the Muhammadan conquest had little to complain of in the way of religious disabilities. It is true that adherence to their ancient faith rendered them obnoxious to the payment of jizyah—a word which originally denoted tribute of any kind paid by the non-Muslim subjects of the Arab empire, but came later on to be used for the capitation-tax as the fiscal system of the new rulers became fixed;[46] but this jizyah was too moderate to constitute a burden, seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow-subjects. Conversion to Islam was certainly attended by a certain pecuniary advantage, but his former religion could have had but little hold on a convert who abandoned it merely to gain exemption from the jizyah; and now, instead of jizyah, the convert had to pay the legal alms, zakāt, annually levied on most kinds of movable and immovable property.[47] [[60]]The pecuniary temptation to escape the incidence of taxation by means of conversion was considerably lessened when financial considerations compelled the Arab government, towards the end of the first century, to insist on the new converts continuing to pay jizyah even after they had been received into the community of the faithful.[48] On the other hand it must be remembered that the non-Muslim sections of the population always ran the risk of becoming the victims of fiscal oppression when the state was in need of revenue.
The rates of jizyah levied by the early conquerors were not uniform,[49] and the great Muslim doctors, Abū Ḥanīfah and Mālik, are not in agreement on some of the less important details;[50] the following facts taken from the Kitāb al-K͟harāj, drawn up by Abū Yūsuf at the request of Hārūn al-Rashīd (A.D. 786–809) may be taken as generally representative of Muhammadan procedure under the ʻAbbāsid Caliphate. The rich were to pay forty-eight dirhams[51] a year, the middle classes twenty-four, while from the poor, i.e. the field-labourers and artisans, only twelve dirhams were taken. This tax could be paid in kind if desired; cattle, merchandise, household effects, even needles were to be accepted in lieu of specie, but not pigs, wine, or dead animals. The tax was to be levied only on able-bodied males, and not on women or children.[52] The poor who were dependent for their livelihood on alms and the aged poor who were incapable of work were also specially excepted, as also the blind, the lame, the incurables and the insane, unless they happened to be men of wealth; this same condition applied to priests and monks, who were exempt if dependent on the alms of the rich, but had to pay if they were well-to-do and lived in comfort. The collectors of the jizyah were particularly instructed to show leniency, and refrain from all harsh treatment or the infliction of corporal punishment, in case of non-payment.[53]
This tax was not imposed on the Christians, as some would have us think, as a penalty for their refusal to accept the Muslim faith, but was paid by them in common with the [[61]]other d͟himmīs or non-Muslim subjects of the state whose religion precluded them from serving in the army, in return for the protection secured for them by the arms of the Musalmans. When the people of Hīrah contributed the sum agreed upon, they expressly mentioned that they paid this jizyah on condition that “the Muslims and their leader protect us from those who would oppress us, whether they be Muslims or others.”[54] Again, in the treaty made by K͟hālid with some towns in the neighbourhood of Hīrah, he writes: “If we protect you, then jizyah is due to us; but if we do not, then it is not due.”[55] How clearly this condition was recognised by the Muhammadans may be judged from the following incident in the reign of the Caliph ʻUmar. The Emperor Heraclius had raised an enormous army with which to drive back the invading forces of the Muslims, who had in consequence to concentrate all their energies on the impending encounter. The Arab general, Abū ʻUbaydah, accordingly wrote to the governors of the conquered cities of Syria, ordering them to pay back all the jizyah that had been collected from the cities, and wrote to the people, saying, “We give you back the money that we took from you, as we have received news that a strong force is advancing against us. The agreement between us was that we should protect you, and as this is not now in our power, we return you all that we took. But if we are victorious we shall consider ourselves bound to you by the old terms of our agreement.” In accordance with this order, enormous sums were paid back out of the state treasury, and the Christians called down blessings on the heads of the Muslims, saying, “May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything, but would have taken all that remained with us.”[56]