Caliph Umar I
AL-ʿUHDA AL-ʿUMARIYYA – THE AMAN OF CALIPH UMAR I TO PALESTINIAN CHRISTIANS
INTRODUCTION
The Al-ʿUhda Al-ʿUmariyya (not to be confused with the infamous Pact of ‘Umar and its discriminatory provisions) – the aman (guarantee of security) supposedly given by Caliph ‘Umar I to Sophronius, Patriarch of Jerusalem, guaranteeing religious security to the Christians of Jerusalem/Palestine, has been employed by dawah activists as evidence of the historicity of Islam. Obviously, the conquest of the Aelia - Holy City of Jerusalem - was major event in history, and was eventually followed by the construction of the Dome of the Rock and the Al-Aqsa mosque on the Haram al-Sharif (Temple Mount), illustrating that Al-Quds (Jerusalem) is, alongside Mecca and Medina, one of the major sacred sites of Islam. The text also demonstrates respect for non-Muslim religious sanctities. However, this paper will show that the historicity of the aman is invalid.
The Claim
After the surrender of Jerusalem to the Arabs (637), Caliph ‘Umar is supposed to have visited the city met the Patriarch Sophronius. Hoyland elaborates (Robert Hoyland, In God’s path: The Arab conquests and the creation of an Islamic empire, New York: Oxford University Press, 2015, p. 48): “‘Umar was allegedly dressed in filthy garments of camel hair, and the patriarch, seeing this, offered him a clean loin cloth and over-garment, but ‘Umar refused, only accepting in the end, after Sophronius’s insistence, to wear the clean clothes for a short time until his own had been washed.”
Thereupon, ‘Umar gave guarantees to Sophronius and the Christians of Aelia (the Roman/Byzantine name for Jerusalem and its province in Palestine, and thereafter by the Arabs) - Al-Munshar (Maher Y. Abu-Munshar, Islamic Jerusalem and its Christians: A history of tolerance and tensions, London & New York: Tauris Academic Studies, 2007, p. 89) “Wars and battles usually bring destruction and bloodshed to both sides. However, this was not the case in 16 AH/637 CE in the conquest of Aelia (Islamic Jerusalem)… The basis of their treatment was laid down when Patriarch Sophronious agreed to hand over the keys of Aelia peacefully to Caliph ‘Umar Ibn al-Khattab, the leader of the victorious Muslim army, and in return the caliph issued his Assurance of Safety to the People of Aelia (al-‘Uhda al-‘Umariyyah).” Al-Munshar (p. 85) observes that there are different reasons ascribed to the visit:
There is disagreement among historians regarding the reason for the arrival of ‘Umar Ibn al-Khattab in al-Sham. Some historians believe it was in response to the request of the Christians of Aelia, who had agreed with Abu ‘Ubaydah to surrender Aelia only to Caliph ‘Umar personally. Other historians argue that it was in response to the request of ‘Amr Ibn al-‘As, who wrote to ‘Umar after he understood from the Christians of Aelia that the person to whom Jerusalem would be surrendered had the name of ‘Umar. Still others suggest that ‘Umar came to al-Sham to sort out a number of matters, such as dividing the booty, supervising the judicious distribution of properties taken over by the Muslims, organizing the military command in al-Sham, making arrangements for the stipends paid to troops and for their rations and setting the inheritance of those martyred in battles.
He also notes that there is more than one version of the aman (p. 89): “It is therefore important to describe the various versions of the Assurance and to examine two of them more closely. These are al-Tabari’s version, written almost three centuries after the event but regarded as the most famous and longest version of the Assurance, and the version of the Orthodox patriarchate of Jerusalem.” On p. 92, he notes: “Al-Tabari was born at the end of 224 AH /839 CE and wrote his history between 290 AH /902CE and 303 AH/915 CE. His version of ‘Umar’s Assurance is quoted from Saif Ibn ‘Umar (d. 170 AH /786 CE)”
The text of the aman according to Tabari is as follows, beginning with the explanation “According to Khalid and `Ubadah: `Umar made peace with the people of Jerusalem in a1-Jabiyah. He wrote for them the peace conditions. He wrote one [identical] letter to all the provinces (of Palestine) except to the people of Jerusalem” (Yohanan Friedmann [trans.], The History of al-Tabari [Ta’rikh al-rusul wa ‘l-muluk], Volume XII, Albany: State University of New York Press, 1992, pp. 191-192):
In the name of God, the Merciful, the Compassionate. This is the assurance of safety (amān) which the servant of God, ‘Umar, the Commander of the Faithful, has granted to the people of Jerusalem. He has given them an assurance of safety for themselves, for their property, their churches, their crosses, the sick and the healthy of the city, and for all the rituals that belong to their religion. Their churches will not be inhabited [by Muslims] and will not be destroyed. Neither they, nor the land on which they stand, nor their cross, nor their property will be damaged. They will not be forcibly converted. No Jew will live with them in Jerusalem. The people of Jerusalem must pay the poll tax like the people of the [other] cities, and they must expel the Byzantines and the robbers. As for those who will leave the city, their lives and property will be safe until they reach their place of safety; and as for those who remain, they will be safe. They will have to pay the poll tax like the people of Jerusalem. Those of the people of Jerusalem who want to leave with the Byzantines, take their property, and abandon their churches and their crosses will be safe until they reach their place of safety. Those villagers (ahl al-ard) who were in Jerusalem before the killing of so-and -so may remain in the city if they wish, but they must pay the poll tax like the people of Jerusalem. Those who wish may go with the Byzantines, and those who wish may return to their families. Nothing will be taken from them before their harvest is reaped. If they pay the poll tax according to their obligations, then the contents of this letter are under the covenant of God, are the responsibility of His Prophet, of the caliphs, and of the faithful. The persons who attest to it are Khālid b. al-Walid, ‘Amr b. al-‘Asi, ‘Abd al-Rahman b. Awf, and Mu‘awiyah b. Abi Sufyan. This letter was written and prepared in the year 15/636 - 37.
The rest of the letters were identical to the letter of Lydda [which follows]:
In the name of God, the Merciful, the Compassionate. This is what the servant of God, ‘Umar, the Commander of the Faithful, awarded to the people of Lydda and to all the people of Palestine who are in the same category. He gave them an assurance of safety for themselves, for their property, their churches, their crosses, their sick and their healthy, and all their rites. Their churches will not be inhabited [by the Muslims] and will not be destroyed. Neither their churches, nor the land where they stand, nor their rituals, nor their crosses, nor their property will be damaged. They will not be forcibly converted, and none of them will be harmed. The people of Lydda and those of the people of Palestine who are in the same category must pay the poll tax like the people of the Syrian cities. The same conditions, in their entirety, apply to them if they leave (Lydda).
Al-Munshar (pp. 99-100) observes that there is another version of this text:
On the 1 January 1953 the Orthodox patriarchate of Jerusalem published a new version of ‘Umar’s Assurance. They stated that it was a literal translation of the original Greek text kept in the Greek Orthodox library in the Phanar quarter of Istanbul… Published in English for the first time, it reads as follows:
In the name of God, the most Merciful the most Compassionate. Praise to God who gave us glory through Islam, and honoured us with Iman, and showed mercy on us with his Prophet Muhammad, peace be upon him, and guided us from darkness and brought us together after being many groups, and joined our hearts and made us victorious over the enemies, and established us in the land, and made us beloved brothers.
Praise God O servant of God for his grace. This document of ‘Umar Ibn Al-Khattab giving assurance to the respected, honoured and revered patriarch, namely Sophronious, patriarch of the Royal sect on the Mount of Olives, tur al-Zaitun, in holy Jerusalem, al-Quds al-Sharif, which includes the general public, the priest monks, nuns wherever they are. They are protected. If a dhimmi guard the rules of religion, then it is incumbent on us the believers and our successors, to protect dhimmis and help them gain their need as long as they go by our rules. This assurance (aman) covers them, their churches, monastery and all other holy places which are in their hands inner and outer: the Church of the Holy Sepulchre; Bethlehem, the place of Prophet Issa (Jesus); the big church; the cave of three entrances, east, north and west; and the remaining different sects of Christians present there and they are: the Karj, the Habshi and those who come to visit from the Franks, the Copts, the east Syrians, the Armenians, the Nestorians, the Jacobites, and the Maronites, who fall under the leadership of the above mentioned patriarch. The patriarch will be their representative, because they were given from the dear, venerable, and noble Prophet who was sent by God, and they were honoured with the seal of his blessed hand. He ordered to look after them and to protect them. Also we as Muslims [believers] show benevolence today towards those whose Prophet was good to them. They will be exempted from paying jizyah and any other tax. They will be protected whether they are on sea or land, or visiting the Church of the Holy Sepulchre or any other Christian worship places, and nothing will be taken from them. As for those who come to visit the Church of the Holy Sepulchre, the Christians will pay the patriarch dirham and a third of silver. Every believing man or woman will protect them whether they are sultan or ruler or governor ruling the country, whether he is rich or poor from the believing men and women. This assurance was given in the presence of huge number of noble companions: ‘Abdullah, Othman Ibn ‘Afan, Sa‘id Ibn Zayd and ‘Abd Al-Rahman Ibn ‘Awf and the remaining noble companions’ brothers. Therefore, what has been written on this assurance must be relied upon and followed. Hope will stay with them, Salutation of God the high on our master Muhammad, peace be upon him, his family and his companions. All praise to God lord of the world. God is sufficient for us and the best guardian. Written on the 20th of the month Rabi‘ al-Awal, the 15th year of the Prophet Hijra. Whosoever reads this assurance from the believers, and opposes it from now and till the Day of Judgment, he is breaking the covenant of God and deserving the disapproval of his noble messenger.
Perhaps the most startling difference is the latter version’s exemption from paying jizyah.
Another source is Abū Abdullāh Muhammad b. Umar al-Wāqidī, who “was born in Medina around the year 130/747, towards the end of the Umayyad caliphate during the reign of Marwān b. Muhammad, and died at the age of 78 around 207/823” (Rizwi Faizer, The Life of Muhammad: Al- Wāqidī’s Kitāb Al-Maghāzī, London & New York: Routledge, 2013, p. xi), and is usually known as Al-Wāqidī. The work quoted is Futuh al-Sham (Book of the Conquests of Syria), but this attribution is uncertain (p. xiii): “Al- Wāqidī’s Kitāb Al-Maghāzī is his only extant work. Of all the other books recorded in classical biographical and bibliographical works that he is said to have authored, a few others had been thought to exist. However, these are now understood to be false ascriptions; this is notably the case in a series of works describing the Arab conquests of various regions (the futūh literature). The attribution of these works to al- Wāqidī should be taken simply as indicative of his renown as a historian of the early period”. At any rate, this is what the work presents (Sulayman al-Kindi [trans.], The Islamic Conquest of Syria: A translation of Futuhusham: the inspiring history of the Sahabah’s conquest of Syria as narrated by the great historian of Islam, al-Imam al-Wâqidî, London: Ta-Ha Publishers Ltd., 2000, pp. 399-400):
The two climbed the wall. The governor stood at the patriarch’s side with the cross before them. They called out to Abu ‘Ubaydah, “What do you want, old man?”
Abu ‘Ubaydah: This is ‘Umar., Commander of the Believers. There is no commander above him. Now come to receive his amnesty, to surrender and to pay the Jizyah.
Patriarch: O man, if he is really the highest ranking then let him approach us so that we can recognise his characteristics. Let him come out alone from amongst you and stand directly in line with us so that we can see him. If he is the man described in the scriptures then we will come down and seek amnesty and pay the Jizyah. If it is not him then you will get nothing but battle from us.
Abu ‘Ubaydah returned to inform ‘Umar. When he wanted to go his men said, “O Commander of the Believers, are you going to them without any weapons, all alone and only wearing these rags? We fear treachery against you.”
‘Umar. recited:
….Say: Nothing will afflict us except that which Allah has decreed for us. He is our Protector. Upon Allah should the Believers rely. [9:51]
He then called for his camel which he mounted. He wore nothing besides his rags and a cotton cap on his head. Only Abu ‘Ubaydah accompanied him and rode ahead of him. When they came to the patriarch and governor and stopped in line with them, Abu ‘Ubaydah-ss called out, “This is the Commander of the Believers.” He then called out to his people, “Woe unto you! Go down for amnesty and protection. By God! This is the mentioned companion of Muhammad bin ‘Abdullah.”
When the Romans heard the patriarch they rushed down, having been severely taxed by the siege, and opened the gates. They went to ‘Umar seeking his guarantees and offering the Jizyah. This only humbled ‘Umar ~ and he prostrated his head on the camel’s hump out of gratitude to Allah. He dismounted and said, “Return to your city with the guarantees you seek since you have agreed to pay Jizyah.”
They returned without locking the gates, while he too returned to the Muslim camp to spend the night. In the morning ‘Umar finally entered the city. This was on a Monday and he remained there until Friday. Then he marked off a plane in the East which became Masjid ‘Umar, Here he led his men in Salatul Jum’ah The patriarch rubbed his eyes, looked and shouted out loud, “This is he who is described in our books, the man who will conquer our city without doubt.”
The next source to consider is ʾAḥmad ibn Yaḥyā al-Balādhurī (d. 892), and his work Kitab Futuh al-Buldan (Book of the Conquests of Lands). In this, we read (Philip Hitti [trans.] The Origins of the Islamic State: Translation with Annotations Geographic and Historic Notes of the Kitāb Futūḥ al-Buldān of al-Imâm abu-l’Abbâs Aḥmad ibn-Jâbir al-Balâdhuri. 1, New York: Columbia University Press, 1916, p. 214):
…the inhabitants of Jerusalem asked to capitulate to abu-‘Ubaidah on the same terms as those of the cities of Syria as regards tax and kharâj, and to have the same treatment as their equals elsewhere, provided the one to make the contract be ‘Umar ibn-al-Khattâb in person, Abu-‘Ubaidah communicated this in writing to ‘Umar who came first to al-Jabiyâh in Damascus and then to Jerusalem. He made the terms of capitulation with the people of Jerusalem to take effect and gave them a written statement.
The conquest of Jerusalem took place in the year 17.
This implies that the Jerusalem Christians surrendered by agreeing to the jizyah and also land tax (the latter unmentioned in the previous narrations. It also states that they were given an assurance in writing. The obvious question is where is this document? However, al-Balādhurī also notes two different accounts (Ibid.):
Al-Kâsim ibn-Sallâm from Yazid ibn-abi-Habib: — Khâlid ibn-Thâbit al-Fahmi was sent by ‘Umar ibn-al-Khattâb, who was at that time in al-Jâbiyah, at the head of an army to Jerusalem. After fighting with the inhabitants, they agreed to pay something on what was within their fortified city and to deliver to the Moslems all what was outside. ‘Umar came and concurred, after which he returned to al-Madînah.
Hishâm ibn-’Ammâr from al-Auzâ’i: — Abu-’Ubaidah… came to Palestine and camped in Jerusalem, whose people asked him to make terms with them, which he did in the year 17, with the stipulation that ‘Umar would come in person, put the terms into effect and write a statement of them to the people.
There is no substantial difference between the three accounts suggested by al-Balādhurī, but the very fact that there is some ambiguity is significant – for example, in the second narration, ‘Umar’s visit follows the surrender. It is clear from several references to al- Wāqidī in the book that al-Balādhurī was partly dependent on him – or at least, works ascribed to him (p. 9):
Al-Wâkidi (d. 207/823) wrote 28 books recorded in al-Fihrist, only a few of which have come down to us. Having lived at Baghdâd his works were certainly accessible to al-Balâdhuri, who quotes him on 80 different occasions and more than any other source. Most of the quotations are made through ibn-Sa‘d, the secretary of al-Wākidi, and one of al-Balâdhuri’s teachers. A comparison between the campaigns against banu-an-Nadir and banu-Kuraizah in al-Balâdhuri, and the corresponding ones in al-Wâkidi’s Kitâb al-Maghâzi, shows many points of contact but no absolute interdependence.
As we have seen, the authenticity of the ascription to al- Wāqidī is questionable. We should also note what Othman Ismael Al-Tel (The First Islamic Conquest of Aelia (Islamic Jerusalem): A Critical Analytical Study of the Early Islamic Historical Narratives and Sources, Dundee: Al-Maktoum, 2003, p. 153) informs us about some sources of al-Balādhurī: “…‘Umar, accompanied by the Muslims, headed to al-Jābīya from Aelia after it was conquered, as al- Wāqidī indicates and as is also understood from the accounts of Ibn Sa‘d and al-Balādhurī on the authority of Muhammad Ibn Muslm Ibn Shihāb al-Zuhrī (d. 124 A.H/742 A.D).” (Regarding al-Zuhrī, see below).
Al-Munshar (p. 90) refers to Abu al-Hassan Ali ibn Muhammad ibn Muhammad ash-Shaybani, a.k.a. Ali ‘Izz al-Din Ibn al-Athir al-Jazari (d. 1233), specifically his Chronicle (Al-Kāmil fī al-tārīkh) “Ibn al-Athir wrote a note about the significance of the Assurance to the People of Aelia. He reported that the Christians of Aelia sent a delegation to ‘Umar Ibn al-Khattab while he was staying at al-Jabiyah. When the Muslims saw a detachment of horsemen with drawn swords glittering in the sun coming towards their camp, they took up arms in order to beat back what appeared to be an enemy attack (of Christians). However, ‘Umar realized at once that it was a delegation from Aelia coming to offer surrender. The caliph then wrote an Assurance of Safety for the Christians of Aelia in return for their payment of jizyah, and they opened the gates of the walled city to him.”
Aḥmad ibn Abī Ya‘qūb ibn Ja'far ibn Wahb ibn Waḍīḥ al-Ya‘qūbī (d. 908), wrote a chronicle named Tarikh al-Ya‘qūbī. Therein we read this about the surrender (Matthew S. Gordon, Chase F. Robinson, Everett K. Rowson, Michael Fishbein [Eds.], The Works of Ibn Wāḍiḥ al-Yaʿqūbī: An English Translation, Leiden/Boston: Brill, 2018, p. 775):
Abū ʿUbayda wrote to ʿUmar informing him of how the people of Īliyāʾ (Jerusalem) had been contentious and held out. One authority has said that the people of Īliyāʾ asked that the caliph himself should be the one who made a peace agreement with them. Abū ʿUbayda therefore drew up the agreements and covenants that would be binding upon them and wrote to ʿUmar. ʿUmar departed for Syria... This took place in Rajab of the year 16. He encamped at al-Jābiya in the territory of Damascus; then he made his way to Bayt al-Maqdis and took it by treaty. He wrote them a document, as follows:
In the name of God, the Merciful and Compassionate: This is a document written by ʿUmar b. al-Khaṭṭāb for the people of Bayt al-Maqdis. You shall be secure in your lives, your property, and your churches, which will not be used for billeting or destroyed, unless you cause public discord. He summoned men to bear witness.
….People have differed on | the treaty of Bayt al-Maqdis. Some have said that the Jews made the agreement; others have said the Christians. The consensus is the Christians.
Observe that there is no reference to jizyah therein. There are other Muslim commentators who mention the aman, but they are even later, so we will not quote them.
Among the Christians, according to Al-Tel (p. 23) we have “In non-Islamic sources, ‘Umar’s visit to Jerusalem is mentioned by Theophanes, the Patriarch of Alexandria Eutychius Sa‘īd Ibn al-Bitrīq who died in 284 A.H/897 A.D, the Syriac chronicler Michael the Syrian and the chronicler Agapius (Mahbūb) of Minjib.” Theophanes the Confessor, a Byzantine monk (d. 818), wrote a Chronicle in which he mentions the surrender (Harry Turtledove, The Chronicle of Theophanes: English translation of anni mundi 6095-6305 (A.D. 602-813), with introduction and notes, Philadelphia: University of Pennsylvania Press, p. 39):
ANNUS MUNDI 6127 (SEPTEMBER 1, 635-AUGUST 31, 636)
A.D. 627
Roman Emperor Herakleios: 31 years: year 26 Arab ruler Umar: 12 years: year 2
Bishop of Constantinople Sergios: 29 years: year 27
Bishop of Jerusalem Sophronios: 3 years: year 3
Bishop of Alexandria Cyrus: 10 years: year 3
In this year Umar campaigned against Palestine; after he had besieged the holy city for two years’ time he took it on terms. For Sophronios, the chief prelate of Jerusalem, negotiated a treaty for the security of all Palestine. Umar entered the holy city clad in a filthy camel-hair garment. When Sophronios saw him, he said, “In truth, this is the abomination of the desolation established in the holy place, which Daniel the prophet spoke of.” With many tears, the champion of piety bitterly lamented over the Christian people. While Umar was in Jerusalem, the patriarch asked him to accept a muslin garment to wear, but he would not let himself wear it. Sophronios barely persuaded him to do so until his own cloak was washed — then Umar gave it back to him once more and wore his own.
This would confirm that the city surrendered under a treaty, not unconditionally.
Eutychius Sa‘īd Ibn al-Bitrīq, otherwise known as Eutychius of Alexandria (d. 940), Melkite Patriarch, wrote a Chronicle called Eutychii Annales (The Annals of Eutychius), in which he addresses the issue (Roger Pearse [trans.], The Annals of Eutychius of Alexandria (10th c. AD) – chapter 18c (part 4), https://www.roger-pearse.com/weblog/2016/07/11/the-annals-of-eutychius-of-alexandria-10th-c-ad-chapter-18c-part-4/):
Then the news of the arrival of Omar ibn al-Khattab came to the muslims. Abu Ubayda ibn al-Garrah left the command of his men to Iyas Ibn Ghanm; Yazid ibn Abi Sufyan left his to Muawiyah ibn Abi Sufyan, Amr ibn al-As to his son Abd Allah, and they met with Omar ibn al-Khattab. Then they all set out for Jerusalem and besieged it. Sophronius, Patriarch of Jerusalem, then went to Omar ibn al-Khattab. Omar ibn al-Khattab granted him his protection, and wrote a letter to them which stated that: “In the name of God, gracious and merciful. From Omar ibn al-Khattab to the inhabitants of the city of Aelia. A guarantee is granted on their persons, their children, their property and on their churches, and they will not be destroyed or be reduced to dwelling places” and he swore this in the name of Allah. After the gate of the city was opened and he went in together with his men, Omar went to sit in the courtyard of the Church of the Resurrection. When it was time for prayer, he said to the patriarch Sophronius: “I would like to pray.” The patriarch replied: “O prince of believers, you may pray as well just where you are.” “I will not pray here,” said Omar. Then the patriarch Constantine led him into the church and ordered mat to be laid in the middle of the church. But Omar said: “No, I will not pray either.” Omar then went out and walked to the step that was at the door of the Church of St. Constantine, on the east side. He prayed alone on the steps, then he sat down and said to the patriarch Sophronius: “Do you know, O patriarch, why I have not prayed in the church?” The patriarch replied: “I do not really know, O prince of the believers.” “If I had prayed in the church,” said Omar, “it would have been taken away from you, and you would have lost possession because on my departure the Muslims would take it from you, saying in chorus: ‘Here Omar prayed'”. Bring me a piece of paper so I can write you a ‘sigili'”. Omar then wrote a ‘sigili’, prescribing that no Muslim should pray on the steps except one by one, and that ritual prayer could be held unless someone the muezzin ascended. He wrote a ‘sigili’ and gave it to the Patriarch. Then Omar said: “You owe me for your life and for the goods which I granted you. Come, give me a place where I can build a mosque.” The Patriarch said: “Give to the prince of believers a place where he can build a temple that the king of Rum was not able to build. This place is the Rock on which God spoke to Jacob and Jacob called “the gate of heaven”; the sons of Israel called it “Sancta Sanctorum” and it is at the center of the earth. It was once the temple of the children of Israel, which they have always magnified and every time they prayed they turned their faces towards it, wherever they were. This place will I give you, provided you write me a ‘sigili’ that no other mosque will be built in Jerusalem other than this”.
Omar ibn al-Khattab wrote him a ‘sigili’ and handed it to him. When the Rum became Christians, and Helena, mother of Constantine, built churches in Jerusalem, the place of the Rock and its surroundings were lying in ruins and abandoned; on the Rock so much earth had been thrown and it was reduced to a huge garbage dump. The Rum had totally neglected it, and not held it in high regard, as in fact had the children of Israel. They had erected no church on it, because of what Christ, our Lord, had said in his holy gospel: “Behold, your house is left in ruins,” and again: “There will not remain one stone upon another that has not been demolished and destroyed”. It was for this reason that the Christians left it in ruins and not built on there any church. The patriarch Sophronius took Omar ibn al-Khattab by the hand and took him out to that place of refuse. Omar lifted the hem of his robe, filled it with earth and poured it into the valley of Gehenna. As soon as the Muslims saw Omar ibn al-Khattab take the earth in his lap, they all hastened to take the earth, each in his lap, or clothes, or shields, some in baskets of palm leaves and some in basins until they emptied the place, cleaned it up and the Rock became visible. Then some of them said: “Let’s build the mosque so that the Rock is our qibla“. But Omar said: “No, let’s build the mosque and leave the Rock out at the back”. So Omar built the mosque, leaving the Rock at the rear of it. Then Omar went on a visit to Bethlehem. Now it was the time of prayer, and he prayed inside the church facing Mecca. At this time it was all covered with mosaics. Then Omar wrote a ‘sigili’ for the Patriarch which provided that Muslims would not pray in that place but in another. He also forbade prayer in the church and the muezzin to call the faithful to prayer. He also stipulated that no changes should be made to these provisions. In these present days the Muslims have contravened the ‘sigili’ of Omar ibn al-Khattab. They have removed the mosaics from the ceiling and have written what they wanted, they make communal prayer, and the muezzin is calling the faithful. The same thing they have done at the step that was at the door of the Church of Constantine and on which Omar had prayed; they have appropriated the middle atrium of the church and have built inside it a mosque which they have called the mosque of “Omar”. Sophronius, Patriarch of Jerusalem, died after having held the office four years. After his death Jerusalem remained without a patriarch for twenty-nine years.
This seems to confirm that the city surrendered under guarantees, but no mention is made of jizyah or kharaj. There seems to be a propagandistic element to it – that the contemporary Muslims were violating promises made by ‘Umar.
Michael the Syrian (d. 1199) was Patriarch of the Jacobite (Syriac Orthodox) Church. His chronicle (Matti Moosa [trans.] The Syriac Chronicle of Michael Rabo (The Great): A Universal History from the Creation, Teaneck: Beth Antioch Press, 2014, p. 459) presents a similar story:
At the end of the year 948 of the Greeks (A.D. 636-7), which is the 26th year of Heraclius and the 15th year of the Tayoye (Arabs, Muslims), the Caliph Umar came to Palestine. He was received by Sophronius, bishop of Jerusalem, and talked with him about the country. Umar provided him with a covenant instituting that no Jew should have authority to dwell in Jerusalem. When Umar entered Jerusalem, he ordered a masjid (mosque) to be built on the site of the Temple of Solomon for their (Muslims) worship.5 When Sophronius saw Umar wearing a ragged garment, he brought him a clean raiment and a loincloth and begged him to accept it. Umar refused because he was accustomed not to take anything from anyone. He said, “No one should take anything from another person unless it has been given to him by God. For God gives every man what he wills. And if he was greedy to take a thing from a person, he would be behaving against the will of God.”
Umar was praised for many things like these. In fact, the Tayoye (Arabs) related many praiseworthy traits about him. The truth is that he was just and removed from avarice. Indeed, despite all the treasures and the possessions the Tayoye (Arabs) took from the Persians and the Romans, he did not take anything for himself, not even a new garment. When he rode a camel, he used his cloak as a saddle. When he sat down or slept, the ground was his seat. When Bishop Sophronius insisted (that he should accept a new garment), Umar said to him, “Since you have insisted that I should accept the new garment, I will, due to your honor, borrow it from you but will give it back to you when my own garment has been cleaned.” This is exactly what he did.
One could be forgiven that this simply states that Sophronius was promised that no Jews would be allowed into Jerusalem, but it probably means that the covenant merely included this.
Agapius (Mahbūb ibn-Qūṣṭānṭīn), Melkite Bishop of Manjib in Syria (d. 941-2) wrote Kitab al-‘Unwan (Book of headings or History). Roger Pearse has translated the work of Alexander Vasiliev, itself a translation into French, (Kitab Al-`Unvan: Universal History, written by Agapius (Mahboub) of Menbidj, 1909, p. 194, http://www.tertullian.org/fathers/agapius_history_02_part2.htm): “In this same year, Omar, son of Khattab, moved towards Syria and arrived at Jerusalem The patriarch went out before him and admitted him into the city. Omar looked at the city and the temple which was there, and prayed there. After remaining there for forty days, he arose and went to Damascus where he remained a long time; then he returned to Yathrib.” Hoyland writes concerning Agapius (Robert G. Hoyland [trans. and introduction, Theophilus of Edessa’s Chronicle and the Circulation of Historical Knowledge in Late Antiquity and Early Islam, Liverpool: Liverpool University Press, 2011, pp. 35-36):
Agapius has very little information for the years 630-750s that is not drawn from Theophilus of Edessa. The only other source that we can detect is a Muslim history, which is revealed from the occasional provision of a Hijri date or the full name of a Muslim authority, and also from notices such as who led the pilgrimage in certain years and who the governors were for a particular caliph. He would also seem to be dipping into it for certain events of key importance to the political life of the Muslims, especially their on this subject, except for some of the natural phenomena (earthquakes, eclipses, comets), in which Michael seems to have taken a special interest and concerning which he assiduously sought out additional material.
Theophilus of Edessa (695–785 CE), was a Maronite scholar in the court of Caliph Al-Mahdi. Hoyland quotes further from Agapius (p. 115):
Agapius: ‘Umar ibn al-Khattab went up to Syria and arrived at Jerusalem. The patriarch went out to him and brought him into the city. He looked at it and at the temple that was in it. He prayed in it and remained there for forty days. Then he departed and went to Damascus. He stayed there a long time and then returned to Yathrib. I ‘Umar travelled from Yathrib until he came to Palestine and he encamped there. Sophronius, patriarch of Jerusalem, came out to him and took from him a peace agreement for the holy city and all the cities of Palestine. ‘Umar gave to him the peace agreement and he drew up for him a document (stating the terms of the agreement). In the document (it was written that) protection was withheld from any Jew that we found in Jerusalem from this day onwards; any (Jew) that we find will be punished in respect of his life and his property. Then ‘Umar entered Jerusalem and prayed in it. He entered the great temple, which Solomon son of David had built, and he ordered the establishment of a congregational mosque for the Muslims to pray in. The patriarch saw that ‘Umar’s dress was filthy, made of wool, and he asked him to accept from him a garment, but he refused. The patriarch insisted and so ‘Umar said: ‘Be so kind as to take these clothes of mine and give them to someone to wash and lend me these clothes that you have brought for me to wear until my clothes are washed and then I will return them to you.’ The patriarch did that, taking ‘Umar’s clothes and giving them to a washer-man. When the latter was done with them, he (Sophronius) brought them to him (‘Umar), who put them on and returned his (Sophronius’) clothes to him.
Although the timeline is somewhat confused, it resembles what we have read earlier.
The Historicity
Note the dates for these sources – none of them are contemporary, or even near the time of the events they describe:
Al-Tabari (d. 923)
Saif Ibn ‘Umar (d. 786)
al-Wāqidī (d. c. 823)
al-Balādhurī (d. 892)
al-Zuhrī (d. 742)
Ibn al-Athir (d. 1233)
al-Ya‘qūbī (d. 908)
Theophanes the Confessor (d. 818)
Eutychius of Alexandria (d. 940)
Michael the Syrian (d. 1199)
Agapius (d. 941-2)
Theophilus of Edessa (d. 785)
Regarding ‘Umar’s visit to Jerusalem, Hoyland observes (In God’s Path, p. 48): “This event is not reported by any early source and appears first only in a mid-eighth century chronicle, which concentrates on the meeting between ‘Umar and the patriarch Sophronius.” We should immediately note how late is Tabari’s version. Even if it is true that he quotes Saif Ibn ‘Umar, the latter lived around 140 years after the events described. Fred Donner, “Sayf B. ʿUmar”, (Encyclopaedia of Islam, Volume IX, Leiden: Brill, 1997, p. 102), observes that both Mediaeval Muslim scholars, and contemporary historians are skeptical about the reliability of much that he wrote:
SAYF B. ‘UMAR, a compiler of historical narrations on early Islamic history. Virtually nothing is known about Sayf or his life, except that he lived in Kufa and probably belonged to the Usayyid clan, part of the ‘Amr branch of the tribe of Tamlm… Sayf died in the time of al-Rashid (r. 170-193/786-809), but this may be merely al-Dhahabi’s guess, deduced from Sayf’ position in various isnāds.
Sayf’s importance rests on the fact that his Kitāb al-futūh al-kabīr wa 'l-ridda was chosen by the famous historian al-Taban (d. 310/923) as his main source for the ridda and the early Islamic conquests… The reliability of Sayf’s narrations has long been contested, however, beginning already with the mediaeval hadith specialists and their biographers, who noted the suspect character of his hadiths; some accused him of zandaka, others simply noted that he put fabricated accounts (mawdū‘at) in the mouths of trustworthy transmitters. Many modern scholars, after examination of both the content and the isnāds of Sayf’s accounts, have expressed similar doubts.
We reproduce what we wrote about al-Zuhrī in our paper on The Constitution of Medina, Muhammad ibn Muslim ibn Ubaydullah ibn Shihab al-Zuhri, allegedly from Medina, moved to Damascus, d. 741-2. Mustafa Azami, Studies in Early Hadith Literature: with a Critical Edition of Some Early Texts (Indianapolis: American Trust, 1978, p. 76), writes about him (observe the late dates again):
Zuhri (51-125) compiled a biography of the Prophet which was absorbed into the works of later authors and thus perished in the course of time as a work on its own. Some modern researchers have doubts about this report. Recently almost the whole work of Zuhri, which is more than 200 pages, has been published in one of the hadith works of the third century which has came to light for the first time. Even the editor did not notice that it was the work of Zuhri. A detailed study was carried out, and it was found that several students of Zuhri reported portions of this book. This information was recorded by authors who died some 150 years after Zuhri yet their wordings are very similar, which is almost impossible except if the original book was used.
The Futuhusham: ascribed to al-Wâqidî clearly has legendary material. Even Al-Mushar expresses skepticism (p. 86):
It is doubtful that a Christian prophecy with ‘Umar’s description existed in Christian holy books because of the following unanswerable questions. First, why did the patriarch not mention anything about Caliph ‘Umar before, during the siege? Aelia was under siege for four months. If the patriarch knew of this prophecy, why did he not offer to surrender the city earlier? Furthermore, I could not find any reports by priests or monks in al-Sham or Aelia that refer to a prophecy describing ‘Umar. This is especially significant because of Aelia’s importance to Christians all over al-Sham, a region that had now fallen into Muslim hands. Also, several peace pacts had already been concluded with Muslims. Why had Muslim leaders not been told about the prophecy describing ‘Umar, especially when they were preparing to march on Aelia?
Theophanes’ Chronicle suggests that Sophronius did see ‘Umar as prophesied in the Scriptures, but only negatively.
As we have seen, we are not sure that Al-Wāqidī actually authored the work attributed to him. Patricia Crone (Meccan Trade and the Rise of Islam, Princeton: Princeton University Press, 1987, p. 225) comments about his worth as a historian - that he was essentially a storyteller [qāss – popular storytelling]:
Now it has long been recognized that our evidence on the rise of Islam goes back to storytellers; but it is usually assumed that the storytellers simply added some legends and fables to a basically sound tradition that existed already, possibly distorting this tradition to some extent, but on the whole doing no damage that we cannot simply deduct. This is a gross underestimation of their contribution. In the case of Sūrat Quraysh, Ibn Ubayy, the Jews of Medina, ‘Amr and the Najāshī, ‘Abd al-Muttalib’s well, Muhammad and Khadīja, it was the storytellers who created the tradition: the sound historical tradition to which they are supposed to have added their fables simply did not exist…
In the absence of an alternative tradition, early scholars were forced to rely on the tales of storytellers, as did Ibn Ishāq, Wāqidī, and other historians. It is because they relied on the same repertoire of tales that they all said such similar things, as Jones has pointed out. Wāqidī did not plagiarize Ibn Ishāq, but he did not offer an independent version of the Prophet’s life, either: what he, Ibn Ishāq, and others put together were simply so many selections from a common pool of qāss material.
There is disagreement between Christian and Muslim sources about the terms of the Assurance – did it involve paying jizyah; or jizyah and kharaj; and a guarantee excluding the Jews? Either side would have apologetic and practical reasons for making their respective claims (paying or not paying tax).
CONCLUSION
What happened to the actual document of the Assurance? No historian of any background mentions any epigraphical/inscriptional evidence that can be securely dated to the time of ‘Umar in Jerusalem which mentions his visit or the Assurance. In short, the sources are too late, too contradictory or even legendary to take them seriously. It follows that we cannot prove the authenticity of the event, and therefore the so-called Assurance cannot provide early evidence for Islam.