Chapter: The ruling on enemy combatants who enter our territory under safe-conduct
Whoever leaves the lands of war for Muslim territory seeking safe-conduct must be granted it; likewise, if such a person is encountered and declares that he has come to obtain safe-conduct, his word is accepted.
If belligerents enter pursuant to a treaty involving terms the imam has approved after exercising independent judgment, they are not to be molested beyond those terms. Failing that, whatever they bring with them is treated like the merchandise of dhimmī traders who move from one town to another: one-tenth is taken from them after they have sold what they brought and the proceeds are in their hands.
They are not interfered with when dhimmīs sell them pork or wine; one-tenth of the price of all such goods is collected, and nothing else is demanded beyond this tithe. They are, however, barred from purchasing anything that could strengthen them against the Muslims—arms, horses, saddles, naphtha, iron from which weapons are fashioned, and every implement of war. They are likewise prevented from buying the male slaves of the dhimmīs, though not their female slaves. Wine and pork, by contrast, they may purchase without hindrance.
Should one of them set out to return home and a contrary wind or some other overpowering cause drives him back, he remains under his original safe-conduct; he continues to enjoy protection until he reaches his own land. The same ruling applies if the wind carries him to a different Muslim locality: his safe-conduct still stands. This is the distilled position of Mālik.
Some of Mālik’s companions held that he loses protection if he ends up in a town other than the one he initially visited, but the first opinion is more sound.
Anyone from the lands of war who comes to us under safe-conduct enjoys no guarantee regarding whatever family, children, or property he left behind in the abode of war.
There is disagreement about a combatant who embraces Islam, leaves while his children and property remain in the land of war, then fights alongside the Muslims and they capture his wealth and children. The view I consider preferable in this matter is