Section

Any adult, legally competent Muslim acting of his own free will may grant safe-conduct (amān) to an enemy alien (ḥarbī), but only to a single person or to a small, clearly defined group. According to the sound opinion, a prisoner of war may not extend such protection to those with whom he is held. The amān is valid with any wording that conveys the intended meaning, and it may likewise be issued in writing or by messenger. The non-Muslim must know of the offer; if he rejects it, or—on the sound view—does not accept it, the amān is null, though a clear gesture suffices as acceptance. Its term may not exceed four months, while another opinion allows it provided it remains under one full year. It is impermissible to grant safe-conduct that harms the Muslims, such as to a spy. The imam may not revoke an amān unless he fears treachery. The beneficiary’s property and family left in enemy territory are not covered by the amān, nor—on the stronger view—are those he brings with him, unless that is expressly stipulated.

A Muslim residing in the land of disbelief, if he can practice his religion openly, is recommended to emigrate; if he cannot and is able to leave, emigration becomes obligatory. Should a captive find a way to escape, he must do so. If his captors release him unconditionally, he may kill them by stealth; but if they release him on the understanding that they are under his protection, that is forbidden. If they pursue him, he should repel them, even if this requires killing them. Should they stipulate that he not leave their territory, it is unlawful for him to honour that condition.

If the imam contracts with a non-Muslim foreigner (ʿilj) to guide the Muslim forces to a fortress in return for a slave-girl from its spoils, the contract is valid. If the fortress is taken thanks to his guidance, the girl is given to him; if it is captured without his help, the sounder view is that he receives nothing. Should the fortress not be taken at all, he likewise receives nothing, though another opinion holds that, if the reward was not expressly tied to the conquest, he is entitled to the usual wage for such service. If there is no slave-girl in the fortress, or she dies before the contract is concluded, nothing is due; if she dies after victory but before she is handed over, compensation must be paid; but if she dies before the conquest, then—on the preponderant view—nothing is owed. If she embraces Islam, the established opinion is that compensation is obligatory, calculated as a fair wage, while another view puts it at her market value.