Section: The safe conduct (aman) of a captive is valid if he concludes it without being coerced, due to his inclusion in the general import of the reports, and because he is a legally responsible, free-willed Muslim; thus, he is like one who is not a captive. The same applies to the safe conduct of a hired worker and a merchant in the Abode of War (Dar al-Harb). This is the opinion of al-Shafi'i. Al-Thawri said: The safe conduct of any of them is not valid. We have the generality of the hadith and the analogy to others. As for a discerning child (mumayyiz), Ibn Hamid said: There are two narrations regarding him. One of them is that his safe conduct is not valid. This is the opinion of Abu Hanifah and al-Shafi'i, because he is not legally responsible, and no ruling is binding upon him by his word; therefore, it is not binding upon others, like the insane person. The second narration is that his safe conduct is valid. This is the opinion of Malik. Abu Bakr said: His safe conduct is valid, according to one narration, and he interpreted the narration of prohibition as referring to a non-discerning child. He argued based on the generality of the hadith and because he is a discerning Muslim, so his safe conduct is valid, like that of an adult. He distinguished him from the insane person, for the latter has no speech at all.

Section: The safe conduct of a non-Muslim (kafir) is not valid, even if he is a dhimmi, because the Prophet (peace and blessings of Allah be upon him) said: "The sanctuary (dhimmah) of the Muslims is one; the lowest among them strives for it." He designated the sanctuary for the Muslims, so it does not accrue to others. Also, he is suspected regarding Islam and its people, so he is like the combatant (harbi). The safe conduct of an insane person or a child is not valid, because their speech is not considered and no ruling is established by it. The safe conduct of one who has lost his reason due to sleep, intoxication, or fainting is also not valid, for the same reason, and because he does not discern benefit from other than it, so he is like the insane person. It is not valid from a coerced person, because it is a statement he was forced into without right, so it is not valid, like an acknowledgment (iqrar).

Section: The safe conduct granted by the Imam to all the disbelievers or to individuals among them is valid, because his authority over the Muslims is general. The safe conduct granted by a commander to those from the polytheists who are positioned against him is valid. As for others, he is like individual Muslims, because his authority is over the combat against those specific ones, not others. The safe conduct granted by individual Muslims to an individual, ten people, a small caravan, or a small fortress is valid, because 'Umar (may Allah be pleased with him) authorized the safe conduct of the slave for the people of the fortress, whose hadith we mentioned. His safe conduct for the people of a city, a district, or a large group is not valid, because that leads to the suspension of jihad and the transgression against the Imam.

Section: The safe conduct granted by the Imam to a captive after his capture is valid, because when 'Umar [ibn al-Khattab] (may Allah be pleased with him) was brought the Hurmuzan as a captive, he said: 'No harm shall befall you,' then