booty; he argued that it is a patch of land from the Abode of War, so it is permissible to take it as booty, just as if it belonged to a belligerent. As for us, it is the property of a Muslim, so it resembles what would be the case if it were in the Abode of Islam.

Section: If a Muslim rents land from a belligerent, and then the Muslims conquer it, it is booty, but its benefits belong to the lessee, because the benefits are the property of the Muslim. If it is said: Why have you permitted the enslavement of a female belligerent disbeliever if her husband has become Muslim, even though her enslavement involves the invalidation of her husband’s right? We say: Her enslavement is permitted because she is a disbeliever and has no safe-conduct (aman), so her enslavement is permitted just as if she were not the wife of a Muslim. His marriage is not invalidated; rather, it remains valid. Furthermore, the benefit of marriage does not flow in the same manner as property, evidenced by the fact that it is not guaranteed if taken by force (daman), and it is not permissible to take compensation for it, unlike the right of a lease.

Section: If a belligerent's slave or slave-woman becomes Muslim and comes out to us, they are free. If he captures his master and his children, takes his wealth, and comes out to us, he is free, the wealth is his, and the captives are his slaves. If he becomes Muslim but stays in the Abode of War, he remains in his state of slavery. If a belligerent's umm al-walad (slave who bore her master a child) becomes Muslim and comes out to us, she becomes free, and she must observe a waiting period (istibra'). This is the view of the majority of scholars. Ibn al-Mundhir said: Every scholar we have knowledge of held this view, except that Abu Hanifah said regarding the umm al-walad: She may marry if she wishes without a waiting period. The scholars of knowledge hold the opposite view because she is an umm al-walad who has been freed, so it is not permissible for her to marry without a waiting period, just as if she had belonged to a dhimmi. Sa'id ibn Mansur narrated: Yazid ibn Harun told us, on the authority of al-Hajjaj, from al-Hakam, from Miqsam, from Ibn Abbas, who said: The Messenger of Allah (peace and blessings of Allah be upon him) used to free the slaves if they came [to him] before their masters. On the authority of Abu Sa'id al-A'sam, he said: The Messenger of Allah (peace and blessings of Allah be upon him) issued two rulings regarding the slave and his master: He ruled that if a slave comes out from the Abode of War before his master, he is free; if his master comes out afterwards, he shall not be returned to him. And he ruled that if the master comes out before the slave and then the slave comes out, he shall be returned to his master.