If, however, this town is not a frontier outpost whose abandonment would harm the Abode of Islam, its situation is less serious and its ruling less stringent. The muḥtasib may not compel its inhabitants to rebuild it. Rather, he should tell them: “You may choose either to leave it or to undertake the expenses required for its public needs, such that continued settlement there remains possible.” If they agree to undertake these expenses, he may ask the community collectively to contribute whatever they are willing to give. He may not require each individual to commit himself to contributing anything—whether little or much—that he is unwilling to give. Instead, he should say: “Let each of you contribute whatever is easy for him and whatever he willingly gives.” Whoever lacks money may contribute through his labor.
Once enough has been collected for the public need—or its collection appears likely through each able person pledging an amount that he is willing to give—he should then hasten to carry out the work, and require each member of the community who has pledged a contribution to fulfill what he pledged. Although such a pledge would not be binding in private transactions, the ruling concerning public interests is more expansive, and therefore the ruling concerning pledges made for them is likewise more expansive. When the public interest concerns everyone, the muḥtasib may not take the initiative to undertake it until he has sought the ruler’s permission, lest acting independently constitute an infringement upon the ruler’s authority. If seeking the ruler’s permission is difficult, or if delaying it is feared to cause greater harm because of the distance involved, he may begin the work without permission.
Aḥmad said: “Do not go forth to fight the enemy except with the commander’s permission, unless an enemy suddenly attacks you and you fear its aggression.”
As for private matters—such as claims whose payment has been delayed and debts that have been contracted—the muḥtasib may order their discharge, when the parties concerned are able to do so, if the right-holders seek his intervention. He may not imprison anyone on their account, because imprisonment is a judicial ruling, nor may he keep them under continual supervision on account of them.