Is the safe conduct granted by a captive (Asir) valid if given without coercion?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The safe conduct of a captive is valid if concluded without coercion, due to his inclusion in the general ruling of the Hadith regarding the unity of the Muslim covenant, and because he is a responsible, mature Muslim acting by choice, thus resembling a non-captive Muslim.
Supporting text
Al-Thawri held that the safe conduct of a captive, along with that of a hired laborer or merchant in the domain of war, is invalid. Our position relies on the generality of the Hadith and analogy with others.