hospitality for one day and one night, and that they must repair the bridges, and if a man from the Muslims is killed in their land, they are liable for his blood money (diyah) (36). Ibn al-Mundhir said: It was narrated from Umar that he decreed upon the People of the Dhimma the hospitality of those who pass by them from the Muslims for three days, and the fodder for their mounts, and whatever benefits them (37). It was narrated that the Prophet (peace be upon him) imposed upon the Christians of Ayla (38) three hundred dinars—as they were three hundred people—every year, and that they should host those who passed (39) by them from the Muslims for three days (40). This is because there is a type of public interest in this; for they might otherwise refrain from trading with the Muslims in order to harm them, so if hospitality is stipulated upon them, this is averted. If hospitality is not stipulated upon them, it is not mandatory. This was mentioned by the Qadi, and it is the view of al-Shafi'i. Some of our companions said (41): It is mandatory without a condition; just as its obligation (42) is upon the Muslims. The first [view] is more correct; because it is the disbursement of wealth, so it is not mandatory without their consent, like the Jizya. If he stipulates it upon them and they refuse to accept it, the Dhimma is not contracted for them. Al-Shafi'i said: It is not permissible to fight them over it. We hold that it is a valid condition, and if they refuse to accept it, they are fought over it, just as with the Jizya.

Section: The Qadi mentioned that if he stipulates hospitality, he must specify the days of hospitality and the number of people to be hosted, both infantry and cavalry. He should say: "You shall host, every year, for one hundred days, [each day] (43) ten Muslims, with such-and-such bread, and such-and-such condiments; and for the horse, such-and-such straw, and such-and-such barley." If he stipulates hospitality generally, it is valid in the apparent meaning; because Umar, may Allah be pleased with him, stipulated upon them the hospitality of whoever passes by them from the Muslims, without [specifying] a number or measurement. Abu Bakr said: And if (44) he leaves the duration of