and from five wasqs of crops subject to the tithe. If the obligation is a bint makhāḍ (a young she-camel in her second year) together with the compensatory payment (jabrān), that compensatory payment is not doubled, according to the soundest opinion. Should the amount fall short of a full niṣāb, no proportionate share is taken, on the more apparent view. Whatever is collected is deemed jizya; therefore nothing may be taken from the property of one on whom no jizya is due.
Section
We are required to refrain from harming them, to guarantee any life or property of theirs that we destroy, and to defend them against hostile forces. One view holds that if they inhabit a town by themselves, this defense is not incumbent upon us.
We prevent them from erecting a new church in a town we have founded or whose inhabitants have embraced Islam. In territory captured by force they may neither build a church nor, according to the sounder position, retain an existing one. If the land was taken by treaty on the condition that ownership of the soil remains ours while they are allowed to reside there and keep their churches, that is valid. If the treaty is left unconditional, the sounder view is to prohibit them; another view holds that their existing churches stand and, on the sounder opinion within that view, they are also allowed to build anew.
They are, as an obligation—though some say merely as a recommendation—prevented from raising a building higher than that of a neighboring Muslim; the more correct view also bars them from building to the same height. If they live in a separate quarter, no such restriction applies.
A dhimmī is forbidden to ride horses, though he may ride donkeys; he is also barred from riding high-bred mules. When he does ride he must use a pad-saddle and wooden stirrups, not iron ones, and no full saddle. He is directed to the narrowest part of the road, is not to be shown deference, nor permitted the place of prominence in a gathering. He must wear a distinguishing garment and a zunnār (belt) over his clothes. When he enters a public bath in which Muslims are present and removes his clothes, an iron or lead ring, or the like, is placed around his neck.
He is prevented from letting Muslims hear words of polytheism, their statements about Ezra and Jesus, and from openly displaying wine, pork, church bells, or their festivals. Even if these matters are stipulated in the pact and they violate them, the covenant is not annulled. If, however, they fight us, refuse to pay the jizya, or refuse to submit to Islamic law, the pact is annulled.
If a dhimmī fornicates with a Muslim woman, marries her, reveals a Muslim vulnerability to enemy forces, leads a Muslim away from his faith, reviles Islam or the Qur’an, or speaks ill of the Messenger of Allah (may Allah bless him and grant him peace), the sounder view is that the covenant is annulled only if such annulment was expressly conditioned upon these acts; otherwise it is not. Whoever breaks his covenant by armed rebellion may be repelled and fought, whereas one who breaks it by other means