madness, or returns from an absence, or embraces Islam, or dies, or is away. He also collects their jizya, as this is more cautious for the preservation of their jizya.
Section: If the Imam dies or is deposed and another succeeds him, if he knows the Dhimmah contract that his predecessor had made and it was a valid contract, he shall uphold it for them; because the Caliphs upheld the contract of Umar and did not renew any other contract, and because the Dhimmah contract is perpetual. If it was invalid, he shall restore it to validity. If he does not know, and two Muslims testify to it, or if the matter is apparent, he shall act upon it. If he is uncertain about it, he shall ask them, and if they claim a covenant (84) with terms that are suitable to be jizya, he shall accept their word and act accordingly. If he wishes, he may ask them to swear an oath as a precautionary measure. If it later becomes clear to him that they violated something of what was stipulated upon them, he shall hold them accountable for what they violated. If they say, "We used to pay such and such as jizya (85), and such and such as a gift," he shall make them swear a single oath; because the default (86) in what they pay (87) is that it is jizya. Abu al-Khattab chose the view that if he does not know what they were covenanted upon, he should initiate a new contract with them; because the first contract was not established in his presence, so it became as if it were non-existent.
1701 - Issue; He said: "Whoever flees from our protection (dhimmah) to the Abode of War (Dar al-Harb), violating the covenant, returns to being a combatant (1)."
He means that his status becomes that of the people of the Abode of War, whether he is a man or a woman. Whenever he is overpowered, what is permitted of a combatant becomes permitted regarding him, including killing, taking as prisoner (2), and seizing property. If the dhimmi flees with his family and offspring, it is permitted to treat the adults among them as one treats the people of the Abode of War, but it is not permitted to enslave the offspring; because the violation occurred by the adults, not the offspring.
(84) In the original, A, and B: "lil-ahd" (for the covenant). (85) In M: "tajriba" (experience), which is an error. (86) In M: "al-zahira" (the apparent). (87) In B: "yad'unahu" (they claim it). (1) In B: "harbiyan" (a combatant). (2) In M: "wa al-istiqqaq" (and enslavement). (3) In the original and M: "'an" (from).
