If he is present at the battle, his emancipation is from the third of his estate. It is also narrated from him: if battle is joined, his bequest is from the entire estate. It is possible that this is considered a second narration, where the gift is called a bequest figuratively, because it is in the ruling of a bequest and occurs at the time of death. It is also possible that it be taken according to its literal meaning regarding the validity of a bequest from the entire estate, but the amount exceeding the third is contingent upon the permission of the heirs; for the ruling on the bequest of a healthy person and one fearing destruction is the same.

The second [situation]: if one is brought forward to be killed, it is a state of fear, whether he is intended to be killed for retaliation (qisas) or otherwise. Regarding this, there are two opinions from al-Shafi'i; one is that it is a dangerous state, and the second is that if he is wounded, it is a dangerous state, otherwise it is not, because he is physically sound, and the apparent assumption is pardon. Our evidence is that the threat of death is considered coercion that prevents the occurrence of divorce and the validity of a sale, and it makes many prohibited things permissible; were it not for the fear, these rulings would not be established. And if a ruling of fear is granted to the sick and those present in battle despite the appearance of safety—and even after the occurrence of destruction—then with the appearance and proximity of destruction, it is more appropriate. There is no consideration given to bodily health, for illness was not established as the basis for this ruling due to itself, but rather due to the fear of it leading to destruction; therefore, the ruling is established here by way of analogy (al-tanbih) due to the manifestation of destruction.

The third [situation]: if he travels by sea. If it is calm, it is not a dangerous state. If it becomes wavy, turbulent, and a stormy wind blows, it is a dangerous state, for Allah the Exalted described them as being in intense fear, saying (subhanahu): {It is He who enables you to travel on land and sea, until, when you are in ships and they sail with them by a good wind and they rejoice therein, there comes a storm wind and the waves come upon them from everywhere and they assume that they are surrounded, they supplicate Allah, sincere to Him in religion, "If You should save us from this, we will surely be among the thankful"}.

The fourth [situation]: the captive and the imprisoned. If it is the norm that he be killed, he is in a state of fear, and his gift is from the third of his estate; otherwise, it is not. This is the opinion of Abu Hanifa, Malik, Ibn Abi Layla, and one of the two opinions of al-Shafi'i. Al-Hasan said when al-Hajjaj imprisoned Iyas ibn Mu'awiyah: he has nothing from his wealth except the third. Abu Bakr said: The gift of the captive is from the third, and he made no distinction. This was also held by al-Zuhri, al-Thawri, and Ishaq. Ibn al-Mundhir narrated it from Ahmad. Al-Qadi interpreted what was narrated from Ahmad regarding this according to the detailed explanation we mentioned initially. Al-Sha'bi and Malik said: The warrior's gift is from the third. Masruq said: [It is when] he places his foot in the stirrup. Al-Awza'i said: The one besieged in the cause of Allah, and the imprisoned who awaits death or [that] his eyes be gouged out, is [subject to] his third. The correct view, God willing, is the detail we have mentioned; because mere imprisonment and captivity without fear of death is not an illness, nor is it in the meaning of illness regarding fear, so it is not permissible to annex it to it. If the sick person who does not fear destruction has his gift [taken] from his entire estate, then others are even more entitled to this.

The fifth [situation]: if the plague occurs in a town. It is narrated from Ahmad that it is a dangerous state. It is also possible that it is not a dangerous state, for it is not [an] illness, and only the illness [itself] is feared. And Allah knows best.