Is departure permissible if the enemy grants safe passage but the pilgrims do not trust them?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 3

Open in Qurani

Primary text

If the enemy permits passage but the pilgrims lack trust, they are permitted to turn back because they remain fearful for their safety. If they trust the enemy's guarantee and the enemy is known for keeping pledges, they are obligated to continue their state of Ihram because their confinement has ended. If the enemy demands a ransom (khifarah) for clearing the path and the enemy is untrustworthy, paying the ransom is not obligatory as the fear persists even with payment. If the enemy is trustworthy but the ransom demanded is excessive, paying it is not required; rather, it is disliked if the enemy is an unbeliever, as it implies humiliation and strengthens the disbelievers. If the ransom is minimal, the school mandates payment, analogous to paying an increased price for water needed for Wudu.

Supporting text

Some scholars within our school maintain that paying any ransom is never obligatory, and the pilgrim has the right to exit the state of Ihram, just as one is not obligated to pay a ransom to find a safe path at the start of Hajj.