its up to the people involved in any situation to decide for themselves knowing the context as much as possible. We cannot have one rule for all places. However i heard a bayan where the shaykh was saying that the rasul In the early days was not angry with a bedoin who urinated in the masjid...years later he was very angry at a man who spat on the outside of the masjid wall. This means in the early days the rasul Knew that the people were close to jihala and could be excused.