Caliphs, may Allah be pleased with them, it became a consensus upon which error is not permissible. Al-Shafi'i also agreed upon the recommended nature of acting upon it. As for the hadith of Mu'adh, it is not devoid of two interpretations; the first is that he did that due to the prevalence of poverty among them, evidenced by the statement of Mujahid: "That was set due to their affluence." The second interpretation is that the assessment is not mandatory, but rather left to the discretion of the Imam. And because the jizya was made mandatory as a humiliation or a penalty, it differs according to the variation of their circumstances, like bodily punishments; among them are those who are killed and those who are enslaved. It is not valid for it to be a compensation for the residency (25) in the land; for if it were so, it would have been mandatory upon women, children, the chronically ill, and the blind.

Section: The threshold of affluence in their case is what people customarily consider as wealth, and it is not fixed; because the origin of assessments is based on textual stipulation (tawqif), and there is no textual stipulation for this, so it is referred (26) to custom and convention.

Section: If they offer the jizya, it becomes mandatory to accept it, and fighting them becomes forbidden; due to the statement of Allah the Almighty: {Fight those who do not believe in Allah} until His statement: {until they give the jizya while they are in a state of submission} (27). He made the giving of jizya the goal of fighting them, so when they offer it, it is not permissible to fight them. Also, due to the statement of the Prophet (peace be upon him): "Call them to pay the jizya, and if they respond to you, accept from them and refrain from them" (28). If we say that the jizya is not fixed in amount, it is not forbidden to fight them until they agree to offer what it is not permissible to request more than, from what their (29) situation can bear.

Section: The jizya is due at the end of every year. This is the opinion of al-Shafi'i. Abu Hanifa said: It is due at the beginning of it, and it is demanded immediately following the contract, and the second [payment] is due at the beginning of the second year; due to the statement of Allah the Almighty: {until they give the jizya}. Our evidence is that it is wealth that recurs with the recurrence of the year, or is taken at