it is not fit, he shall not be empowered as a judge, and they are returned to their place of safety as they were. As for the nature of the judgment, if he rules that their combatants be killed and their offspring taken as captives (25), his judgment is executed; because Sa'd ibn Mu'adh judged the Banu Qurayza in that manner, and the Prophet (peace and blessings of Allah be upon him) said: "You have judged among them with the judgment of Allah from above seven heavens." If he judges to show favor (mann) to the combatants while taking the offspring as captives, the judge said: His judgment is binding. This is the school of al-Shafi'i; because the judgment is entrusted to him according to what he sees as the interest, so he is permitted to show favor, just like the Imam regarding a prisoner. Abu al-Khattab chose the view that his judgment is not binding; because it is incumbent upon him to rule according to what is most beneficial, and there is no benefit for the Muslims in showing favor. If he judges to show favor to the offspring, it ought not to be permissible; because the Imam does not possess the right to show favor to the offspring once they have been taken captive, so neither does the judge. It is possible that it is permissible; because the status of captivity is not determined for them, unlike one who has already been taken captive, for they become slaves by the very act of capture. If he judges that they pay ransom, it is permissible; because the Imam has the option (26) regarding captives between killing, ransom, enslavement, and showing favor, so the judge has the same. If he judges that they pay the jizya (poll tax), his judgment is not binding; because the contract of dhimma (protected status) is a contract of mutual exchange, and it is not established except through mutual consent; for this reason, the Imam does not have the power to force a captive to pay the jizya. If he judges by killing and enslavement, it is permissible for the Imam to show favor to some of them; because Thabit ibn Qays asked the Messenger of Allah (peace and blessings of Allah be upon him) regarding al-Zubayr ibn Batha of Qurayza and his wealth, and he granted his request (27). This differs from the wealth of spoils once the Muslims have taken possession of it; because their ownership has been established over it. If they embrace Islam before judgment is passed upon them, their blood and wealth are protected; because they became Muslims while they were free, and their wealth belongs to them, so it is not permissible to enslave them, unlike a captive, for the hand [of authority] has been established over the captive, just as it is established over the offspring; therefore, it is permissible to enslave him. If they embrace Islam after judgment has been passed upon them, you must consider: if he had judged that they be killed, it is dropped; because whoever embraces Islam has protected (28) his blood, and it is not permissible to enslave them; because they...