•I 6t> I N S T I T U T E S . Book IX.
fin the manner before mentioned, is advantageous to the Mujfulmans,
■ and advifeable in refpedt to them, becaufe in this cafe the inhabitants
are merely the cultivators of the foil on behalf of the Mujfulmans, as
performing all the labour, in the various modes of tillage, on their account,
without their being fubjedted to any of the trouble or expence
attending it.— With refpedt to what Shafe'i alleges, that “ tribute
■“ is, comparatively, of trifling value,” we reply, that although tribute
be a trifle on the inftant, yet with regard to property it is confiderable,
-on account of its being permanent.. '
further than
may be ne-
ceflary to
enable them
to till their
lands.
I f the Imam relinquifh to the inhabitants of the territory their
- lands and perfons, it is incumbent on him to refign to them fuch a
portion of their moveable property as may enable them to perform
their bufinefs, and cultivate their lands, left abomination be induced ;
fince if he were not to leave them thus much property, it would be
abominable.
Captives may T he Imam, with refpedt to captives, has it in his choice to fk y
either be , , „ . 1 • , , J
Jlain, or m- them, becauie the prophet put captives to death,— and alfo, becaufe
*mttthd to be- ^aP no them terminates wickednefs or, if he chufe, he may make
tomeZmmec; them flaves, becaufc by enflaving them the evil of them is remedied,
at the fame time that th € Mujfulmans reap an advantage:— or, if he
pleafe, he may releafe them fo as to make them freemen and Zimmees,
according to what is recorded of Omar:— but it is not lawful fo. to releafe
the idolaters of Arabia, or apoftates, for reafons which fliall be
hereafter explained.
bèTuf1111* *s n°t lawful for the Imam to return the captives to their
fered to return
to their
own countryj
own country, as this would be ftrengthening the infidels againft the
Mujfulmans..
and, i f they
embrace the
faith, they
It captives Become Mujfulmans, let not the Imam put them to
death, becaufe the evil of them is here remedied withoutflaying them:
but
but yet he may lawfully make them flaves, after their converfion, becaufe
the reafon for making them flaves* (namely, their being;fo-
cured within the Mujfulman territory,) had exiftence previous to their
embracing the faith. It is otherwife where infidels become Mujful-
rnans before their capture, becaufe then the reafon for making them
flaves did not exift previous to their converfion.
It is not lawful toreleafe infidel captives in exchange for the releafe
of Mujfulman captives from the infidels.— According to the two
difciples this is lawful, (and fuch, alfo, is the opinion of ShafeiJ) becaufe
this produces the emancipation of Mujfulmans, which is preferable
to flaying the infidels, or making them flaves.— The argument of
Haneefa is that fuch an exchange is an alfiftance to the infidels ; becaufe
thofe captives will again return to fight the Mujfulmans, which
is an evil ; and the prevention of this evil is preferable to effecting the
releafe of the MuJJ'ulmans, fince, as they remain in the hands of the
infidels, the injury only affedts them, and does not extend to the other
Mujfulmans, whereas the injury attending the releafe of infidel captives
extends to the whole body o f Mujfulmans.— An exchange for
property (that is, releafing infidel prifoners in return for property)
is alfo unlawful, as this is affifting the infidels, as was before obferved ;
and the fame is mentioned in the Mazhab MaJhhoor.— In the Seyir Ka-
beer it is afferted that an exchange of prifoners for property may be
made, where the Mujfulmans are neceffitous, becaufe the prophet
releafed the captives taken at B iidir for a ranfom.
If a captive become a Mujfulman in the hands of the Mujfulmans,
I t is not lawful to releafe and fend him back to the infidels in return for
their releafing a Mujfulman who Is a captive in their hands, becaufe no
advantage can refult from the tranfadlion. If, however, the converted
captive confent to it, and there be no apprehenfion of his apoftatizing,
in this cafe the releafing of him in exchange for a Mujfulman captivé is
a matter of diferetion.
V o l . I I . Y I t
muft not be
put to death.
Exchange o f
captives- is
unlawful.
A converted
captive muft
not be fuf-
fered to return
to his
own country.