unless he has already incurred the death penalty. If he flees and no longer poses a threat to us, we do not pursue him unless he is liable to a prescribed punishment or we fear the consequences of letting him go. Anyone taken captive among them is subject to the same prescribed punishment as anyone else. Some jurists take a stricter position regarding them, even permitting their property to be taken as spoils of war, with one-fifth set aside; most, however, reject this. But if they join the realm of a group that has departed from the law of Islam and assist that group against the Muslims, they are fought in the same manner as that group.

As for someone who does not commit highway robbery but exacts a protection fee or levy from travellers for each person, animal, load, or the like, he is an unlawful toll collector and is subject to the punishment applicable to such collectors. The jurists have differed over whether he may be put to death. He is not a highway robber, since his activity does not cut off passage along the road, even though he will be among those most severely punished on the Day of Resurrection. Indeed, the Prophet, may Allah bless him and grant him peace, said concerning the woman from Ghāmid:

“She has repented so sincerely that, had an unlawful toll collector repented in this way, he would have been forgiven.”

By the consensus of the Muslims, those subjected to aggression—whose property is being sought—may fight their attackers. They are not obliged to surrender any property to them, whether little or much, if they are able to fight them. The Prophet, may Allah bless him and grant him peace, said:

“Whoever is killed defending his property is a martyr; whoever is killed defending his life is a martyr; whoever is killed defending his religion is a martyr; and whoever is killed defending his honour is a martyr.”

This is the person whom the jurists call an “assailant”: one who commits aggression without any interpretive justification