57.3. CHAPTER COVENANT WITH THE DHIMMI
If the dhimmi refuses to pay jizyah, abide by the laws of Islam, kills a Muslim out of enmity, fornicates, commits highway robbery, spies or acts as an accessory in spying or defames Allah, His Messenger or His Book, the treaty signed with him is nullified excluding his womenfolk and children. It becomes permissible to take his life and seize his wealth.
“Section”: In this section, factors that nullify the peace treaty with the dhimmi are explained.
“If the dhimmi refuses to pay jizyah ”: Then the treaty is nullified. This is because it was stipulated in the treaty that he must pay the jizyah in humility. Allah says: {Until they give the jizyah willingly while they are humbled.} (Al-Tawbah: 29)
“Abide by the laws of Islam”: That is, refuses to abide by the laws of Islam pertaining to life, wealth and honour— as was discussed earlier— then the treaty with him is rendered null and void. This is due to his contravention of the terms stipulated in the treaty.
“Kills a Muslim out of enmity, fornicates”: He kills a Muslim in premeditation or commits adultery with a Muslim woman. In these cases, the treaty with him is severed as these are forbidden acts in all religions. It infringes on the terms of the peace treaty, namely: that he must not spill the blood of a Muslim unlawfully or encroach upon his rights.
“Commits highway robbery”: If they do so against Muslims by wielding weapons and obstructing those who pass through the route, or against the travellers by robbing them of their wealth. The treaty with these people is nullified as a result of their actions as it breaches the terms of the treaty with the Muslims.
“Spies”: By acting as an informant to the disbelievers against the Muslims. (See Lisan al-‘Arab (6/38).) In this case it is permissible to execute the dhimmi as his spying is detrimental to the Muslims.
“Or acts as an accessory in spying”: Even though he is not a spy himself, he aids a spy in his treason by offering help and protection to him against the Muslims. The peace treaty is nullified because of this action.
“Or defames Allah, His Messenger and His book”: I.e. by cursing Allah, His Messenger(pbuh) or the Qur’an and if he resorts to defying the laws prescribed by Allah then the peace treaty with him is nullified and he is treated as a disbeliever with whom no peace treaty was signed.
If the dhimmis fall into any of the scenarios mentioned above, the treaty with them is nullified. However, it excludes his womenfolk as they are not to be blamed for his wrongdoing. They shall retain their status as dhimmis. Hence, it is neither permissible to take their lives and that of their children nor seize their wealth for they are not at fault. It is merely the fault of he who contravened the peace treaty.
If the dhimmi commits any of the crimes mentioned previously, it is permissible to execute him. In fact, it becomes mandatory to do so. His wealth is seized after his death due to his status as a dhimmi.
When the status of dhimmah is forfeited, he returns to being in a situation where his life and wealth is permissible for the Muslims. Regarding this the Prophet(pbuh) said: ‘I was commanded to fight the people until they say, ‘There is none worthy of worship except Allah.’ If they say it, they safeguard their lives and wealth from me.” (Reported by al-Bukhari (1/12) and Muslim (1/39) from the narration of ‘Abdullah ibn ‘Amr.) This is provided that they embrace Islam or sign a peace treaty with the Muslims and abide by Islamic law. Only then are their lives and wealth safeguarded by the treaty. If they violate it, they are returned to their original status as disbelievers whose life and wealth is permissible to the Muslims. These are not safeguarded unless a peace treaty is signed with the Muslims.
This is the end of the second volume. We will begin volume three with the Book of Transactions inshallah.
[Note: The Book of Food does not directly proceed the Book of Jihad in the text of Zad al-Mustaqni’. It has been added here as an appendage to the main body of the book.]
By Shaykh Salih ibn Fawzan al-Fawzan
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