to submit to the rulings of Islam, by taking the jizyah from them directly, while they are humbled.
His statement, “and those who follow them,” means those who follow the People of the Book, even if they are not descendants of the Children of Israel, and whether or not they are among those upon whom the Scripture was originally sent down. Al-Rawd states: “Thus, whoever adopts either of the two religions, such as the Samaritans, the Franks, and the Sabians,” based on the generality of Allah Most High’s statement: “from among those who were given the Scripture before you” (1). What matters, then, is one’s religion, not lineage or ethnicity.
“None may conclude it except the imam or his deputy” …
His statement, “None may conclude it,” means the dhimmah (protected-status covenant) between the Muslims and the disbelievers.
His statement, “except the imam or his deputy”: when scholars say “the imam,” they mean the holder of supreme authority in the state; and “his deputy” refers to ministers, governors, or others whom the imam appoints to conclude such an agreement.
This is so because it is a contract entailing major rulings, and it is not like a grant of safe-conduct. It has previously been mentioned that a safe-conduct may validly be granted by any person, even a woman. The Prophet, peace and blessings be upon him, said: “We have granted protection to whomever you have granted protection, O Umm Hani” (2). As for the dhimmah covenant, it must be concluded by the imam or his deputy. Moreover, it is a perpetual agreement, not one restricted to a year or two, or a month or two. Therefore, it must be undertaken by the imam or his deputy.
This differs from a truce, which is temporary and may be concluded without a specified term, but may not be perpetual, for a truce agreement that is to be