Section: The tadbir of an unbeliever is valid, whether he is a dhimmi or a harbi (alien combatant), in the Dar al-Islam or the Dar al-Harb, because he possesses valid ownership, and thus his disposition over it is valid, like the Muslim. If it is said: If his ownership were valid, he would not have it taken from him against his will. We say: This does not negate ownership, as evidenced by the fact that he possesses the right to marriage and he possesses his wife as his own against his will; furthermore, when a person in debt refuses to pay it, it is taken from his wealth to the extent of what he owes against his will. The ruling of his tadbir is the same as the ruling of the Muslim's tadbir, as we have mentioned. If the unbeliever's mudabbar (slave under tadbir) becomes a Muslim, he is ordered to remove his ownership over him, and he is compelled to do so, so that an unbeliever does not remain the owner of a Muslim, just as is the case with a non-mudabbar slave. It is possible that he could be left in the hands of a just person and be supported from his own earnings; if he has no earnings, his master is compelled [to provide support] for him. Abu Hanifa and al-Shafi'i in one of his two opinions held this view, based on the fact that the sale of a mudabbar is not permissible, and because selling him entails invalidating the cause of manumission and removing his status and purpose, so keeping him is more beneficial, and thus it becomes established, like the umm al-walad (mother of a child). If we say that his sale is permissible, and he sells him, his tadbir is invalidated. If we say: he is left in the hands of a just person, then he shall appoint a deputy to manage his work and earnings, and he shall support him from his earnings, and whatever remains is for his master, and if it does not cover his support, the remainder is upon his master. If he and his master agree on a fixed payment (mukharaja), it is permitted, and he supports himself from what remains of his earnings. When his master dies, he is emancipated if it comes out of the third, and if not, he is emancipated to the extent of the third, and the remainder is sold for the heirs if they are unbelievers. If they become Muslims after the death, he is left. If his master retracts his tadbir, and we say that retraction is valid, he is sold against him. If the mudabbar belongs to a musta'min (an alien granted safe conduct) and he wishes to return with him to the Dar al-Harb, and he has not yet become a Muslim, he is not prevented from doing so. If he has become a Muslim, he is prevented from it, because we interpose between him and the slave in the Dar al-Islam, so it is even more appropriate that he be prevented from having power over him in the Dar al-Harb.
(12) In B and M: "fa-sihha" (then it is valid). (13) In the original: "bi-tadbirih" (with his tadbir). (14) In A and B: "dhakarnahu" (we mentioned it). (15) In A: "al-muslim" (the Muslim), and in B and M: "lil-muslim" (for the Muslim). (16) In the original: "bi-al-infaq" (by support). (17) In B: "yasihhu" (is valid). (18) In the original: "li-muslimin" (for Muslims). In M: "ka-musta'min" (like an alien granted safe conduct). (19) In the original: "al-tamkin" (the power/ability).
