If they dispute over a legal right and refer the matter to their own judge, they are not to be prevented from doing so. If they bring it before our judge, he shall rule between them according to what Islamic law requires. The prescribed legal penalties are enforced against them when they commit offenses warranting them.

Whoever among them breaches his covenant is not escorted to a place of safety. The imam has the choice of either putting him to death or enslaving him. This is what Ahmad stated according to the report of Aḥmad ibn Saʿīd: “If he refuses to pay the jizya, his neck is struck.” According to the report of Abū al-Ḥārith, he said: “If he commits adultery with a Muslim woman, he is killed.” This is because the dhimma covenant was concluded on the condition that he refrain from harming us and that we refrain from harming him. Once he breaches the covenant, he returns to his original legal status, as though a belligerent thief had been found in Muslim territory.

Those under treaty, when they enter Muslim territory, have safe-conduct for their persons and property. They may remain for less than a year without paying the jizya, but they may not remain for a full year except upon payment of the jizya. It is obligatory to refrain from harming them, just as it is obligatory to refrain from harming the dhimmis. It is not obligatory to defend them, unlike the dhimmis.

If an adult, sane Muslim grants a belligerent non-Muslim safe-conduct, that protection is binding upon all Muslims. A woman is like a man in granting safe-conduct, and a slave is like a free person in this regard, whether or not he has been authorized to fight. A child’s grant of safe-conduct is valid; Ahmad explicitly stated this. Abū Bakr al-Khallāl said: “If he is seven years old and has reached the age of discernment at which he can choose between his parents, his safe-conduct is valid.”

The safe-conduct granted by an insane person is invalid, and anyone to whom he grants it is considered a belligerent—unless that person is unaware of the legal ruling concerning his safe-conduct, in which case he is escorted to a place of safety; thereafter, he is a belligerent.

If the dhimmis or those under treaty openly engage in fighting Muslims, they immediately become belligerents, and their fighting men are to be killed. If the dhimmis refuse to pay the jizya, this constitutes a breach of their covenant. They may not establish a new synagogue or church in Muslim territory. If they do so, it is to be demolished.

There are differing reports from Ahmad regarding the rebuilding of their old synagogues and churches that have been destroyed. One report states that they have no right to do so; ʿAbd Allāh transmitted this view. The second report states that they may rebuild them. The third distinguishes between cases: if all of them have been destroyed, they may not rebuild them; but if only some part has been destroyed, it is permissible.