are subdued.” [al-Tawbah]
The address in His words, “Fight,” is directed to the Muslims generally; thus, fighting them is a collective duty. As for His words, “from among those who were given the Scripture,” the word “from” must here be explanatory of the category, not partitive. This is because all the People of the Scripture do not believe in Allah or in the Last Day, do not regard as forbidden what Allah and His Messenger, peace and blessings be upon him, have forbidden, and do not follow the religion of truth. Were we to take “from” as partitive, this would mean that some of the People of the Scripture followed a religion and were believers; but this is not the case. Therefore, “from” must be explanatory of the category here, as in the saying of the Exalted: “Indeed, those who disbelieve from among the People of the Scripture and the polytheists will be in the Fire of Hell.” [al-Bayyinah: 6] Here, “from” is explanatory of the category; that is, the disbelievers are divided into two groups: the People of the Scripture and the polytheists.
“A dhimmah covenant may not be concluded with anyone other than the Magians, the People of the Two Scriptures, and those who follow them …”
His statement, “may not be concluded,” is in the passive voice. It will later be explained that the one responsible for concluding it is the ruler or his deputy.
His statement, “other than the Magians”: the Magians are those who worship fire, and they are polytheists. However, they are a distinct group from polytheism in general, possessing well-known distinctive features in their religion. They affirm two original principles: darkness and light. They are divided into various sects, and this is one of their sects. They say that all occurrences are either good or evil: good was created by light, while evil was created by darkness. Nevertheless, they do not consider these two gods equal; rather, they say that light is better than darkness. They also say that light is eternal, while differing over whether darkness is originated or not.
For this reason, Shaykh al-Islam said: “It is not known that anyone among the proponents of doctrinal views ever maintained that creation has two equal gods. Even those who uphold dualism do not regard one as equal to the other.” Thus, a dhimmah covenant may be concluded with these people.