Section: If a Muslim brings a polytheist claiming that he captured him, and the disbeliever claims that he (the Muslim) granted him safe conduct, there are three accounts regarding this. The first is that the statement is that of the Muslim; because the base principle is with him, as the basic principle is the permissibility of shedding the blood of a belligerent (harbi) and the absence of safe conduct. The second is that the statement is that of the captive; because it allows for the possibility of his truthfulness and the preservation of his blood, so this constitutes a doubt that prevents his killing. This is the preference of Abu Bakr. The third is that one refers to the statement of the person whose apparent situation indicates his truthfulness. If the disbeliever is powerful and possesses his weapon, then his truthfulness is apparent; but if he is weak and stripped of his weapon, then his falsehood is apparent, so no regard is given to his statement. The companions of al-Shafi'i said: His statement is not accepted even if the Muslim validates it; because he does not have the capacity to grant him safe conduct, so his acknowledgment of it is not accepted. Our argument is that he is a disbeliever whose capture is not established, and no one contests him regarding it, so his statement regarding the safe conduct is accepted, like that of a messenger.

Section: Whoever requests safe conduct to hear the Word of Allah and to know the laws of Islam, it must be granted to him, and then he is to be returned to his place of safety. We know of no disagreement regarding this. Al-Qatada, Makhul, al-Awza'i, and al-Shafi'i held this view. 'Umar ibn 'Abd al-'Aziz wrote to the people concerning this; this is due to the saying of Allah, the Exalted: {And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety} [Surat al-Tawbah: 6]. Al-Awza'i said: This remains until the Day of Resurrection. It is permissible to contract safe conduct for a messenger and a person seeking protection; because the Prophet (peace and blessings of Allah be upon him) used to grant safe conduct to the messengers of the polytheists. When the two messengers of Musaylimah came to him, he said: "Were it not that messengers are not to be killed, I would have killed you both." And because necessity calls for that, for if we were to kill their messengers, they would kill ours, and the interest of correspondence would be lost. It is permissible to contract safe conduct for each of them absolutely or restricted to a period, whether it is long or short, unlike a truce (hudna), for it is not permissible except as restricted; because permitting it absolutely would mean abandoning Jihad, and this is contrary to that. Al-Qadi said: It is permissible for them to remain for the duration of the truce without Jizya (poll tax). Abu Bakr said: This is the apparent meaning of Ahmad's words; for it was said to him: Al-Awza'i said: The polytheist is not to be left in the Abode of Islam unless he embraces Islam or pays. Ahmad said: If you granted him safe conduct, he is according to what you granted him. The apparent meaning of this is that he differed with the opinion of al-Awza'i. And Abu...