the enemy outnumbers us by more than twice our strength—“except when manoeuvring for combat or withdrawing to a detachment” (Q 8:16) in order to seek its aid. According to the sound view, it is permissible to fall back even to a distant unit; whoever does so does not share in any booty gained after his departure, whereas one who withdraws to a nearby force does share, again according to the stronger opinion.

If the enemy does exceed us by more than two to one, retreat is allowed. Yet, in the sounder view, it remains unlawful for a hundred proven warriors to turn away from two hundred and a single weak fighter.

Mubārizah (single combat) is permissible; when an unbeliever challenges us to it, responding is recommended, provided the combatant is someone who has already tested himself in battle and that the imam grants permission.

It is lawful to demolish their buildings and cut down their trees when this is needed for the fighting itself or for securing victory, and likewise when we do not expect to take possession of them. If we hope to acquire them intact, refraining is recommended. It is forbidden to destroy animals, except those they ride or fight upon, and that only to repel them—or animals we have already taken as booty when we fear they might return to the enemy and cause harm.

Section

When the women and children of the unbelievers are captured, they become slaves, as do their servants. As for able-bodied male captives, the imam must exercise ijtihād and choose whatever is most beneficial for the Muslims: execution, exchange for Muslim prisoners, ransom for money, or enslavement. If the optimal course is unclear, he detains them until this becomes evident. Some jurists maintain that an idol-worshipper may not be enslaved, and, according to one opinion, neither may an Arab.

Should a prisoner accept Islam, his life becomes inviolable; the imam may still choose among the remaining options, though another view obliges enslavement. If an unbeliever embraces Islam before we have subdued him, his life, property, and minor children are protected, but—according to the predominant view—not his wife. If she is enslaved, the marriage is immediately annulled. A second opinion holds that, when consummation has already taken place, the matter is delayed for her waiting period, for she may be emancipated during that time.

It is permissible to enslave the wife of a dhimmī, and—on the sounder view—his freed slave, but not a Muslim’s freed slave, nor his wife, according to the school.

If both spouses, or even just one of them, are taken captive, the marriage bond is dissolved when they are free persons; some add that the same applies if they were both slaves. When a man is enslaved while owing a debt, the debt is not cancelled; it is to be paid from any of his property that later falls to the Muslims as booty. If a ḥarbī were to take a loan