Bakr, because the right belongs to one of them who is unknown, so lots are drawn among them, as if he freed one of his slaves and it was unclear. This differs from killing, for killing is the shedding of blood which is averted by doubts, unlike slavery; for this reason, killing is prevented in the case of women and children, but not enslavement. Al-Awza'i said: If one of the people of the fortress becomes Muslim before it is opened, appearing to us, then it becomes unclear and each one of them claims to be the one who became Muslim, each one of them strives to pay his own value, and a tenth of his value is left to him. The analogy of our madhhab is that there are two opinions regarding this, like the one preceding it.

Section: Ahmad said: If a man says: "Hold off from me until I guide you to such-and-such," and he sent a group of people with him to guide them, but he refrained from guiding them, they may behead him, because his safe conduct was conditional, and it was not fulfilled. Ahmad also said: If one encounters a "ilj" (a non-Arab/unbeliever), and he requests safe conduct from him, he should not grant him safety, for his evil is feared. If they are a sariyyah (detachment), they may grant him safety. He means that a detachment does not fear that the "ilj" will deceive and kill them, unlike an individual. If a detachment encounters "ilaj" (plural of "ilj") who claim they have come seeking safety, if they have weapons with them, their word is not accepted, because their carrying weapons indicates their belligerence. If they have no weapons with them, their word is accepted, because it indicates their sincerity.

Section: If a Harbi (belligerent) enters the Abode of Islam without safe conduct, you observe: if he possesses merchandise that he sells in the Abode of Islam, and it is the custom for them to enter our land as merchants without safe conduct, he is not bothered. Ahmad said: If a group travels by sea and is met there by polytheist merchants from the enemy's land who intend to go to the lands of Islam, they should not bother them nor fight them. Everyone from the people of war who enters the lands of the Muslims for trade shall have trade conducted with him and shall not be questioned about anything. If he has no trade with him and says: "I came seeking safety," it is not accepted from him, and the Imam has the choice regarding him. The view of al-Awza'i and al-Shafi'i is similar to this. If he is someone who lost his way, or the wind drove him in a vessel to us, he belongs to whoever captures him, in one of the two narrations, and the other states that he is "fay'" (booty for the public treasury).