What is the ruling regarding the security (*aman*) of a belligerent (*harbi*) who enters the abode of Islam with safe conduct and deposits property with a Muslim or a protected person (*dhimmi*)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the belligerent enters as a merchant, envoy, tourist, or for a specific need before returning to the abode of war, his personal security and the security of his property remain intact, as he has not abandoned the intention of residing in the abode of Islam. This status is analogous to that of a *dhimmi* entering for similar reasons. If he enters intending permanent residence, the personal security is nullified, but the security for his property remains. This is because the security for his property was established upon his entry into the abode of Islam with safe conduct. When his personal security is nullified by his subsequent entry into the abode of war, the security for his property persists because the nullifying act is specific to his person. The security for the property is considered an attachment to the person's presence and the property brought in, which can persist even if the personal security lapses.

Supporting text

If the property was sent ahead with an agent or proxy, the security for the property is established without personal security being established for the agent, which implies that the security for the property depends on a reason found within the property itself (its being brought in), not solely on the security of the owner.