because of the crime of someone else, nor do they bear the burden of another. If the [people of rebellion] (14) refuse to ransom the prisoners they hold and keep them imprisoned, it is possible that it is permissible for the people of justice to imprison those [rebels] they hold, in order to successfully secure the release of their own prisoners by detaining those in their possession. It is also possible (15) that it is not permissible to imprison them and they should be released, because the blame for detaining the prisoners of the people of justice lies with someone other than them.

Section: As for the spoils of their wealth and the enslavement of their offspring, we know of no disagreement among the scholars regarding the prohibition thereof. We have already mentioned the hadith of Abu Umamah and Ibn Mas'ud. This is because they are protected individuals; only that which resulted from the necessity of repelling and fighting them was permitted regarding their blood and wealth, while everything else remains based on the original principle of prohibition. It has been narrated that Ali, may Allah be pleased with him, said on the day of the Battle of the Camel: "Whoever recognizes any of his property in the possession of someone else, let him take it." Some of Ali's companions had taken a cooking pot and were cooking in it. Its owner came to take it, and the one cooking in it asked him to wait until the food was cooked, but he refused, overturned it, and took it (16). This is among the things that the Khawarij reproached Ali for, as they said: "He fought, yet he did not take captives and did not take spoils. If their blood was lawful for him, then their wealth was also lawful for him; and if their wealth was unlawful for him, then their blood was also unlawful for him." Ibn Abbas said to them: "Would you enslave your mother?"—meaning Aisha, may Allah be pleased with her—"Or would you deem lawful regarding her what you deem lawful regarding others? If you say: 'She is not your mother,' you have committed disbelief. And if you say: 'She is your mother,' and you deem her enslavement lawful, you have committed disbelief" (17). He meant by his statement that if you deny that she is your mother, you have rejected what Allah the Almighty said: {The Prophet is closer to the believers than their own selves, and his wives are their mothers} (18). If she were not [a mother to them] (19), they would not be believers. Furthermore, because fighting...