The safe-conduct, and the remaining conditions have two narrations: one of them is that the covenant is nullified by them, whether it was stipulated upon them or not. The school of al-Shafi'i is close to this, except that what was not stipulated upon them does not nullify the covenant if abandoned, with the exception of the first three points, for their stipulation is definite, and the covenant is nullified by their abandonment in any case. Abu Hanifa said: The covenant is not nullified except by refusal from the Imam in a manner that makes it impossible to collect the jizya from them. Our proof, along with what we have mentioned, is what was narrated that a man was brought to Umar who had attempted to force a Muslim woman [into zina], and he said: 'We did not make peace with you upon this,' and he ordered that he be crucified in Jerusalem. Furthermore, it involves harm to the Muslims, so it resembles the refusal to pay the jizya. In every instance where we stated that his covenant is not nullified, if he commits an act for which there is a hadd penalty, that hadd or qisas (retaliation) shall be carried out upon him. If it does not warrant a hadd, he shall be given a discretionary punishment (ta'zir), and he shall be dealt with in a manner that deters others from doing the same. If one of them intends to do such an act, he shall be restrained from it, and if he resists with fighting, his covenant is nullified. Whoever among them we have judged to have nullified his covenant, the Imam is given a choice regarding him among [four things]: killing, enslavement, ransom, or release, like a prisoner of war, for he is a disbeliever whom we have overpowered in our land without a covenant or contract, and without any ambiguity, so he resembles a combatant thief. This is specific to him and does not extend to his offspring, because the violation originated from him, not them, just as if he had committed an act warranting a hadd or ta'zir.

Section: The garrison cities (amsar) of the Muslims are of three types. One of them is what the Muslims founded, such as Basra, Kufa, Baghdad, and Wasit. It is not permissible in them to establish a church, a synagogue, or a gathering place for their prayer, nor...