the end of every year, so it is not mandatory (30) at its beginning, like Zakat and blood money (diyah). As for the verse, the intended meaning is the commitment to paying it, not the act of paying itself; and for this reason, it is forbidden to fight them upon their mere offer of it before it is collected.

Section: The Jizya is to be collected from whatever is easily available of their wealth, and it is not specified to be collected in gold or silver. Ahmad stated this explicitly, and it is the opinion of al-Shafi'i, Abu Ubayd, and others; because when the Prophet (peace be upon him) sent Mu'adh to Yemen, he ordered him to take from every adult a dinar or its equivalent in Ma'afir [garments]. The Prophet (peace be upon him) used to take from the Christians of Najran two thousand garments. Umar used to be brought many [heads of] livestock, which he would take as jizya. It was narrated from Ali, may Allah be pleased with him, that he used to take the jizya from every craftsman in the form of his goods: from the needle-maker, needles; from the awl-maker, awls; and from the rope-maker, ropes. Then he would call the people and give them the gold and silver, and they would divide it (31), then he would say, "Take and divide it." They would say, "We have no need for it." He would say, "You took its best and left its worst, you shall indeed bear it" (32). When this is established, it is to be taken based on value; due to his saying, peace be upon him: "Or its equivalent in Ma'afir."

Section: The contract of Dhimma (protection) and truce (hudna) is not valid except from the Imam or his deputy. Al-Shafi'i held this view, and we know of no disagreement regarding it, because this relates to the consideration of the Imam and the public interest (maslaha) he perceives, and because the contract of Dhimma is a perpetual contract, so it is not permissible for anyone to act presumptuously over the Imam in it. If someone other than the Imam or his deputy does so, it is invalid; however, if he contracts it (33) for what is not permissible to request more than, it becomes incumbent upon the Imam to grant their request and to contract it accordingly.

Section: It is permissible to stipulate (34) upon them in the contract of Dhimma the hospitality of those who pass by them from the Muslims; due to what Imam Ahmad narrated with his chain of narration from al-Ahnaf ibn Qays, that Umar stipulated [upon the People of the Dhimma] (35)