Is the situation of engaged warfare considered a state of fear for issuing legal dispensations?

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The state of fear is established when warfare has commenced and the two parties are engaged in fighting, provided that each group is either equally matched or overcome. If one side has clearly gained dominance, they are not considered to be in a state of fear. Furthermore, if the parties are distinct and not fully mingled, even if they are exchanging arrows, it does not constitute a state of fear. This applies regardless of whether the two fighting factions share the same religion or not. This view is held by Malik, Al-Awza'i, and Al-Thawri, with a similar opinion attributed to Mak'hul. For one whose estate is affected by this condition, the emancipation of a slave or testamentary disposition (Wasiyya) is judged by the ruling applicable to a sick person, specifically concerning the one-third limit.