single him out (32) for being a non-Arab to the exclusion of others. Most of the time, the Prophet (peace be upon him) raided the Arabs. Furthermore, this is a matter of consensus (ijma'); for 'Umar, may Allah be pleased with him, intended to take the jizya from the Christians of Banu Taghlib, but they refused and asked him to take from them the same as what he takes from the Muslims. He refused that to them until they defected to the Byzantines, then he made a peace treaty with them on the basis of what he would take from them (33) as a substitute for the jizya (34). Thus, what is taken from them is a jizya, except that it is not in the same form as the jizya of others, and no one denied the taking of jizya from them, so that constituted a consensus. It has been established with certainty and assurance that many of the Arab Christians and Jews were, in the era of the Companions, in the lands of Islam, and it is not permissible to allow them to remain there without the jizya. Thus, it is certainly established that they took the jizya from them. The apparent meaning of the words of al-Khiraqi is that there is no difference between one who entered their religion before the alteration of their scripture or after it, nor between being the son of two People of the Scripture, or the son of two polytheists, or the son of one of the People of the Scripture and one polytheist. Abu al-Khattab said: Whoever entered their religion after the alteration of their scripture, the jizya shall not be accepted from him. Whoever is born between two parents, one of whom the jizya is accepted from and the other from whom it is not, there are two views as to whether it is accepted from him. This is the school of al-Shafi'i. Our argument is the generality of the text regarding them, and that they are of a religion whose people pay the jizya, so they are permitted to remain upon it like others. The jizya is only accepted from them if they are abiding by what they were covenanted upon, namely the payment of the jizya and commitment to the laws of the creed; for Allah the Almighty commanded fighting them until they give the jizya, meaning they commit to paying it. So as long as this is not found, they remain upon the permissibility of their blood and wealth.

Section: The contract of dhimma (protection) is not valid perpetually except under two conditions: First, that they commit to giving the jizya (35) every year. Second, the commitment to the laws of Islam, which is the acceptance of what is judged upon them, whether the performance of a right or the abandonment of a prohibited act; due to the saying of Allah the Almighty: {until they pay the jizya with willing submission and feel themselves subdued} (36). And the saying of the Prophet (peace be upon him) in the hadith of Buraydah: "Call them to the payment of the jizya, and if they answer you, accept it from them and refrain from them" (37). The physical act of giving or the implementation of