I say: The scholars differ over the jizya: is its amount fixed by the Sacred Law, or may the imam, through his own ijtihād, increase it beyond four dinars? The latter is one of the two reports from Aḥmad and is the view of ʿAṭāʾ, al-Thawrī, Muḥammad ibn al-Ḥasan, Abū ʿUbayd, and others.

He said: They unanimously agreed that the one who brings captured spoils may not be granted, as an extra share, more than a quarter of them when the army sets out, nor more than a third when it returns. (1)

I say: As for authorising a larger bonus than this when the imam makes it a prior condition—such as saying, “Whoever does such-and-such shall have half of what he captures,” or specifying a particular person—there are two reports from Aḥmad. But awarding an additional share without any prior condition is, to my knowledge, undisputed. The words of Abū Muḥammad Ibn Ḥazm can be interpreted in this sense, so that no real disagreement remains about what he mentioned.

He said: They unanimously agreed that when a free, adult, sane person who is not intoxicated grants security to combatant People of the Book on the understanding that they will pay the jizya under the conditions we have set out, or grants them safe-conduct to withdraw, or grants any other unbelievers safe-conduct to depart—with themselves, their families, and their offspring—leaving their land for another land of war, not for a territory under dhimma nor for Muslim territory, then that guarantee is binding upon the Commander of the Faithful and upon all Muslims, wherever they may be. (2)

I say: The apparent position of al-Shāfiʿī is that a dhimma pact is valid only when concluded by the imam or his deputy. This is likewise the well-known view among the followers of Aḥmad. In both schools, however, there is another opinion that it may be concluded by any Muslim, as Ibn Ḥazm has stated.

He said: They unanimously agreed that the children of those under the jizya, and all of their descendants, remain subject to the ruling contracted by their forefathers, however remote, and that no renewal is required for those born afterwards. (3)

I say: This is the view held by the majority. Within the Shāfiʿī school there are two opinions: first, that a new contract must be concluded for them—this being the explicit statement of al-Shāfiʿī; and second, that no renewal is needed, as maintained by the majority.

He said: They unanimously agreed that it is not permissible for there to be upon the Muslims