And here protection extends to his property as well, because this occurs before control has been secured. Likewise, if people surrender to an arbiter’s judgment, anyone among them who embraces Islam before judgment is delivered secures protection for his life and property, since their subjugation is not yet complete. His entry into Mecca was before noon, and he entered it by force. This clarification reveals the ambiguity that gave rise to each of the two views.

Once people have been subdued, however, they may be released as an act of grace, and the land may be handed over to them subject to land tax. As for those who fought in Mecca or fled, and whom he subsequently granted protection after subduing them and gaining power over them, granting them personal protection was permissible, just as releasing them as an act of grace was permissible. Hence he called them “the freed ones.” As for their property, I have already explained the reason for treating their land in this way. As for movable property and children… (1).

He was asked:

About a land-grant holder who has water within his grant and wishes to sell it to another land-grant holder and channel it into the latter’s locality: may the buyer purchase this water? And may the seller sell the water within his grant and channel it into the buyer’s locality?

He replied:

If the water is reserved for him as part of the grant—for example, if the land together with its water is reserved for him at a thousand dirhams, but without that reservation at five hundred