or Muslims. He did not say, “You must fight them until they become Muslims.” Had that been the meaning, it would have been obligatory to fight them until they embraced Islam. That, however, is not the case; once they pay the jizyah they are not to be fought. Thus they are either combatants or Muslims, for they do not hand over the jizyah except after fighting. (1)
Second, certain passages of this abridged treatise might appear to suggest that Shaykh al-Islam forbids initiating hostilities against the unbelievers. He cites, for example, the verse that forbids aggression, his words, “He makes peace with those who make peace with him,” and his statement, “Had Allah commanded him to kill every unbeliever, he would have commenced by killing and fighting them,” and similar remarks.
This reasoning is sound and no one disagrees with it; yet, as we have already explained, Shaykh al-Islam’s intent here is that if the unbelievers do not fight us and agree to pay the jizyah with humble submission, there is no need to kill them or to wage war against them,