What verbal formulations constitute a guarantee of safety (Aman) for a non-believer?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The established legal formulations for granting safety are two words: 'Ajartuka' (I grant you asylum/protection) and 'Amantuka' (I guarantee your safety). This is based on the Quranic verse: 'And if any one of the polytheists seeks your protection, then grant him protection' (Quran 9:6), and the Prophet's (peace be upon him) saying: 'We grant asylum to whomever you grant asylum, and we grant security to whomever you grant security.' Furthermore, phrases like 'Do not fear,' 'Do not panic,' 'Do not be alarmed,' 'There is no fear upon you,' and 'There is no harm upon you' are considered to carry the meaning of safety. Umar (may Allah be pleased with him) confirmed that saying 'No harm' (la ba'sa) or 'Do not panic' (la tadhhal) is sufficient, as Allah knows the intentions conveyed by the tongue. The incident involving Umar and al-Hormuzan, where the phrase 'There is no harm upon you' led to the deferral of the execution, confirms this.
Supporting text
The position of our associates (Ashabuna) holds that commanding the disbeliever to 'Rise,' 'Stop,' or 'Throw down your weapon' also constitutes a guarantee of safety because the non-believer perceives these commands as a guarantee, making it akin to saying 'I guarantee your safety.' Al-Awza'i states that if the disbeliever claims to have been granted safety, or says they stopped upon a call for safety, they are secure unless they claim otherwise, in which case their claim is not accepted. A contrary view suggests that such commands are not a guarantee because the wording does not inherently imply safety and can be used for terror, such as saying 'I will kill you,' unless the speaker intends safety, in which case it counts as a guarantee. If the speaker denies intending safety, the ruling depends on the non-believer's perception: if they believed it was a guarantee, they are returned to safety and must not be killed; if they did not believe it was a guarantee, it is not a guarantee.