What is the ruling regarding a child of a Dhimi (protected person) who reaches puberty or a mentally incapacitated person who regains sanity?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Such an individual adheres to the original agreement (Dhimma status) without needing a new contract. This is supported by the fact that neither the Prophet (peace be upon him) nor his successors renewed the contract for such individuals. Furthermore, the contract is established with their leaders, thereby including the rest of them. This covenant is a treaty established with non-believers, and thus does not require renewal, similar to a truce (hudna). Additionally, since minors and the insane were included in the original contract, there is no need to renew it upon the change of their condition, just as with others. Since they entered into the contract, it remains binding upon them after reaching puberty or regaining sanity, similar to the ruling for someone accepting Islam.
Supporting text
Al-Qadi (the Judge) stated in one opinion that such an individual has the choice: either to adhere to the original contract or to return to their place of security (ma'man). If they choose Dhimma status, a contract is established for them; otherwise, they are joined with those in their place of security. This is also the view of Al-Shafi'i.