What constitutes the security of the path (Takhliyat al-Tariq)?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The path must be traversable without obstruction, whether the journey is long or short, by land or by sea, provided safety is the prevailing condition. If safety is not the prevailing condition, traversing it is not required.
Supporting text
If there is an enemy on the route requiring payment for safe passage (Khafarah), the Qadi stated that one is not required to pay this, as it constitutes a bribe that should not be paid for worship. Ibn Hamid stated that if the payment does not unduly burden one's wealth, Hajj is obligatory, because this payment is a fine upon which the possibility of Hajj depends, and thus it does not prevent obligation if it can be paid, similar to the cost of water or animal fodder.