Section: If the enemy who hindered the pilgrim are Muslims, then it is better to depart [than to fight them], for in fighting them there is a risk to life and property, and the killing of a Muslim; thus, refraining from it is better. It is permissible to fight them, because they have transgressed against the Muslims by blocking their path, so they are like other highway robbers. If they are polytheists (mushrikin), it is not obligatory to fight them, because fighting is only mandatory in one of two cases: if they initiate the fighting, or if a general call to arms (nafir) occurs and assistance is needed; and neither of these is present here. However, if the Muslims believe that victory over them is likely, it is recommended to fight them, due to the jihad, the achievement of victory, and the completion of the ritual it entails. But if they believe that the infidels are likely to be victorious, it is better to depart, so that they do not place the Muslims in danger. Whenever they need, during the fighting, to wear that for which an expiation is required, such as a coat of mail or a helmet, they may do so, and they must provide the expiation, because their wearing it is for their own sake, similar to if they wore it to warm themselves against the cold.

Section: If the enemy grants them permission to pass but they do not trust them, they are permitted to depart, because they fear for their own safety, as if they did not feel secure with them. If they do trust their promise of safety and they are known for fulfilling their pledges, it is obligatory for them to proceed with their ihram, because their hindrance has been removed. If the enemy demands a bribe (khufarah) for clearing the path and he is someone whose security cannot be trusted, it is not obligatory for them to pay it, because the fear remains even with the payment. If he is someone whose security can be trusted and the bribe is large, it is not obligatory to pay it; rather, it is disliked if the enemy is an infidel, because it involves humiliation and strengthening the infidels. If it is small, then the analogy of the school (qiyas al-madhhab) is that it is obligatory to pay it, just like the increase in the price of water for ablution (wudu'). Some of our colleagues said: It is not obligatory to pay a bribe under any circumstances, and he has the right to exit ihram, just as at the beginning of Hajj, it is not obligatory for him if he cannot find a safe path without paying a bribe.

606 - Issue: He said: (And if he is prevented from reaching the House by illness or depletion of his provisions, he shall send a sacrificial animal, if he has one, to be slaughtered in Makkah, and he shall remain in his state of ihram until he is able to reach the House.)