In a report from Abū Ṭālib, he said: “The Sawād was conquered by force of arms; therefore, no church may be established there, no bells may be rung there, pigs may not be raised there, wine may not be drunk there, and they may not raise their voices in their homes.” In a report from Ibrāhīm ibn Hāniʾ and Yaʿqūb ibn Bukhtān, he said: “They are not to be allowed to assemble every Sunday, nor to publicly display wine or bells.”

Thus, he made an unqualified statement concerning these matters. It may be understood as making abstention obligatory and binding them to it under the covenant of dhimma, since these acts constitute the public manifestation of reprehensible practices in Muslim territory. Hence, their abandonment becomes binding by virtue of the covenant of dhimma. This is supported by the rule concerning anything that causes harm to Islam and Muslims.

It may also be understood that refraining from these things is merely recommended, since they cause no harm to Islam or Muslims. On this view, they are not bound to refrain unless it is stipulated as a condition upon them, in which case the stipulation makes it binding upon them. If they engage in these acts after that condition has been stipulated, does this constitute a breach of their covenant? The apparent import of al-Khiraqī’s words is that it does, for he said: “Whoever breaches the covenant by violating any matter covered by the terms agreed with them, his life may be taken and his property seized, because the stipulation has made it binding upon them. They are compelled to comply with it and disciplined for doing so.” Thus, violating such a condition constitutes a breach, just as refusing to pay the jizya or engaging in acts that harm Islam and Muslims does.

The imam shall record the settled terms of the peace treaty concluded with them in the administrative registers of the various cities, so that they may be held to those terms if they abandon them; for each community may have a peace treaty that differs from those of others.

The jizya is due from them only once a year, after the year has elapsed according to the lunar months. If one of them dies during that year, it is taken from his estate in proportion to the part of the year that has elapsed. If any of them accepts Islam, his property remains in his possession and his jizya is waived. The same applies if he dies before paying it. If one of their minors reaches maturity, or one of their mentally ill regains sanity, a new jizya year begins for him. The jizya is waived for the poor, the elderly, and the chronically infirm. If they quarrel over their religion and differ regarding their beliefs, they are not to be interfered with on that account, nor compelled to disclose them.