a Muslim. Ahmad said regarding a Christian slave woman who gave birth out of illicit intercourse: Her child is a Muslim, because her parents would have made him a Jew or a Christian, and he has no one with him but his mother. If this child does not have a condition wherein it is possible for him to be confirmed upon a religion that his people are not confirmed upon, then how can he be returned to the Abode of War (Dar al-Harb)?

Section: If the foundling commits a crime for which the 'aqila (male kin) are held responsible, then the blood money (diya) is to be paid by the Public Treasury (Bayt al-Mal), because his inheritance belongs to it, and his maintenance is upon it. If he commits a crime for which the 'aqila are not held responsible, his ruling in that is the ruling of one who is not a foundling; if it necessitates retaliation (qisas) and he is an adult of sound mind, it is exacted from him. If it necessitates wealth and he possesses wealth, it is fulfilled from it, otherwise it remains as a debt against him until he becomes affluent. If a crime is committed against him involving the person, necessitating blood money, it belongs to the Public Treasury, because it is his heir. If it was intentional, the Imam has the choice between exacting retaliation if he deems it most beneficial for foundlings, or pardoning in exchange for wealth. Al-Shafi'i, Ibn al-Mundhir, and Abu Hanifa held this view, except that the latter gives him a choice between retaliation and reconciliation; this is based on the saying of the Prophet (may Allah bless him and grant him peace): "The sultan is the guardian of the one who has no guardian." If a crime is committed against him below the level of the person, necessitating compensation (arsh) before he reaches puberty, his guardian may take the compensation. If it is intentional, necessitating retaliation, and the foundling possesses wealth that is sufficient for him, the matter is deferred until he reaches puberty so that he may exact retaliation or pardon, whether he is of sound mind or mentally incapacitated. If he does not have wealth and is of sound mind, his reaching puberty is also awaited. If he is mentally incapacitated, the guardian may pardon in exchange for wealth that he takes for him, because the mentally incapacitated person does not have a known condition that is awaited, as his state may continue; whereas the one of sound mind has a condition that is awaited, so they differ. In the case where his reaching puberty is awaited, the perpetrator is imprisoned until the foundling reaches puberty, so that he may exact it for himself. This is the school of Al-Shafi'i, and it has