divided the ransom of the Badr captives among the victors (1). Also, because it is wealth that the Muslims have acquired as spoils, it is similar to horses and weapons. If it is said: The captive (2) was not such that the victors had a right to him, so how did their right attach to his exchange? We say: The Imam only does what he deems to be in the interest regarding enslavement; because the captive has not yet become property. Once he becomes property, the right of the victors attaches to him, because they captured and overcame him, and this is not impossible (3). Do you not see that when a person who has debts is killed in a manner that requires retribution (qisas), his heirs have the choice, and if they choose the blood money (diya), the creditors’ right attaches to it?

1636 - Issue: He said: (The enslavement of them is only for him if they are from the People of the Book or Majus (Zoroastrians). As for those of the enemy other than these, nothing is accepted from their adult men except Islam, the sword, or ransom).

We have mentioned earlier that it is not permissible to enslave the men of those other than the People of the Book, according to one of the two narrations.

Section: As for women and children, they become slaves by the act of captivity. Ahmad forbade the ransoming of women for wealth; because their remaining implies exposing them to Islam by virtue of them remaining with the Muslims. He did, however, permit them to be ransomed for Muslim captives; because the Prophet (peace and blessings of Allah be upon him) ransomed the woman whom he had taken from Salama ibn al-Akwa' (1), and because that involves the salvation of a Muslim whose Islam is verified, so he permitted the loss of [the objective of Islam] (2) for that sake. It does not follow from that the possibility of losing her to obtain wealth. As for children, Ahmad said: They are not to be ransomed; this is because a child becomes a Muslim by the Islam of his captor, so it is not permissible to return him to the polytheists. Likewise, a woman, if she becomes Muslim, it is not permissible to return her to the disbelievers for a ransom (3) or otherwise; due to the saying of