Refutation of the view that “The unbeliever is put to death solely for his unbelief”

It may therefore be asked: If mere unbelief is what obligates execution, what prevents us from killing the unbelieving woman?

If it is answered, “Because she has become a captive of the Muslims,” we reply: She became a captive only because her blood was declared inviolable.

If it is then said, “Her blood was spared on the grounds that she will become a slave,” this is a vicious circle—for it makes the prohibition of her bloodshed the reason for her enslavement, while simultaneously making her enslavement and conversion into property the reason her blood is protected.

If someone insists, “No—the operative cause is simply the possibility of enslaving her so that she becomes property,” we respond: That cause is present with men as well, for they too can be taken and enslaved. For this very reason the ruler is allowed, in the case of male prisoners, to choose between executing them and enslaving them,