What is the validity of a treaty made by the Imam allowing non-Muslims to enter the Haram in exchange for compensation?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Any treaty made by the Imam with non-Muslims for compensation to allow them entry into the Haram is void (*batil*). If they fully enter the area specified in the void treaty, the compensation paid should not be returned, as they have technically received what was stipulated. If they only access a portion, compensation should be returned proportionally.
Supporting text
An alternative view suggests that the compensation must be returned in all cases because the consideration they received has no valid value, and the contract itself was void and did not legitimately obligate the payment.