upon them, so killing him is more beneficial. Among them is the weak one who possesses much wealth, so ransoming him is more beneficial. Among them is one with a positive view of the Muslims, whose conversion to Islam is hoped for through showing him favor, or whose assistance to the Muslims by freeing their captives and defending them is hoped for, so showing him favor is more beneficial. Among them is one whose service is useful and whose evil is averted, so enslaving him is more beneficial, such as women and children. The Imam is most knowledgeable regarding the public interest (maslaha), so it is appropriate that this be delegated to him. His saying (Exalted is He): {Kill the polytheists} is a general statement that is not abrogated by the specific; rather, it is applied to what is other than the specific case. For this reason, they did not forbid his enslavement. As for the idolaters, there are two narrations regarding their enslavement; one of them is that it is not permissible. This is the school of al-Shafi'i. Abu Hanifa said: It is permissible for the non-Arabs, but not for the Arabs, based on his statement regarding taking the jizya from them (16). Our position is that he is an infidel who is not to be confirmed by the jizya, therefore he is not to be confirmed by enslavement, like the apostate, and we have already mentioned the evidence for this. If this is established, then this is an optional choice based on public interest and ijtihad, not an optional choice based on whim. So whenever he sees the public interest in one of these categories, it becomes binding upon him, and it is not permissible to deviate from it. And whenever he is hesitant regarding it, then killing is preferable. Mujahid said regarding two commanders; one of them who kills the captives: He is better. Malik said the same. Ishaq said: Extermination (ithkhan) is more beloved to me, unless (17) it is a well-known one from whom much is expected.

Section: If the captive becomes a Muslim, he becomes a slave immediately, the optional choice ceases, and his ruling becomes the ruling of the women. Al-Shafi'i stated this in one of his two opinions. In the other, killing is dropped, and he has the choice between the three categories, based on what was narrated that the companions of the Messenger of Allah (peace and blessings of Allah be upon him) captured a man from the tribe of 'Uqayl, and the Prophet (peace and blessings of Allah be upon him) passed by him and he said: O Muhammad, for what was I taken and was the leader of the pilgrims taken? He said: "You were taken for the crime of your allies from Thaqif, for they have captured two of my companions." The Prophet (peace and blessings of Allah be upon him) went on, and he called out to him: O Muhammad, O Muhammad. He said to him: "What is your matter?" He said: I am a Muslim. He said: "If you had said it while you were in control of your own affairs, you would have achieved all success." The Prophet (peace and blessings of Allah be upon him) ransomed the two men with him.