their covenant (46). It is as if the term 'Arabian Peninsula' in those hadiths refers to the Hijaz. It was only called Hijaz because it 'separates' (hajaza) between Tihama and Najd. They are also not prohibited from the outskirts of the Hijaz, such as Tayma, Fayd (47), and similar places, because Umar did not prohibit them from that.

Section: They are permitted to enter the Hijaz for trade, as Christians used to trade in Medina during the time of Umar, may God be pleased with him. An old man came to him in Medina and said: "I am the Christian elder, and your tax collector has levied the tithe (ushr) upon me twice." Umar replied: "And I am the Hanif (upright) elder" (48). Umar then wrote to him that they should not be taxed (49) more than once a year (50). They are not to be permitted to stay for more than three days—according to what has been narrated from Umar, may God be pleased with him—after which he must move on from it. The Qadi said: He may stay for four days, which is the duration for which a traveler completes his prayer. The ruling regarding their entry into the Hijaz, in terms of the consideration of permission, is like the ruling on the entry of the people of war (harbis) into the land of Islam. If one becomes ill in the Hijaz, it is permissible for him to stay, because it is difficult for a sick person to relocate, and it is permissible for someone to stay to nurse him because he cannot do without him. If he has a debt owed to him by someone (51), and it is due, his debtor shall be compelled to pay it. If payment is impossible due to procrastination or the debtor's absence, then he should be enabled to stay until he collects his debt, for the transgression is from the other party, and his expulsion would mean the loss of his wealth. If the debt is deferred, he is not permitted to stay, and he should appoint someone to collect it for him, because the negligence is on his part. If the need arises for him to stay to sell his merchandise, it is possible that this is permissible, for requiring him to abandon it or carry it with him would result in the loss of his wealth, and that would be a cause for preventing people from entering the Hijaz with merchandise; thus, their interests would be missed, and they would suffer harm due to the cessation of trade goods being brought to them. It is also possible that he is prohibited from staying, because there is no necessity for his stay. If he wishes to move to another place within the Hijaz, it is permissible, and he may stay there for three or four days, according to the (52) disagreement on this matter, and likewise if he moves from there to another place,