they may sell them, or, if they wish, take them back to their own lands. I know of no disagreement concerning this. If the Muslims capture them as spoils, they are restored to their protected status and owe nothing, unless they are sold while remaining silent and knowing that they are under no obligation to accept this. In that case, the disagreement between Ibn al-Qฤsimโs opinions mentioned in the preceding discussion applies. If their captors embrace Islam while holding them, al-Mudawwanah states that they become their slaves, whereas Ibn Habฤซb says that they are restored to their protected status. This is also the view preferred by Ismฤสฟฤซl. If their captors conclude a truce, they are not to be interfered with. If they conclude an agreement to pay jizyah, two positions on this question may be derived from Ibn al-Qฤsimโs opinions within the school. And Allah grants success.
Section
On Guarding the Frontiers
Guarding the frontiers is a branch of jihad. It consists of remaining at frontier posts to protect the Muslims living there. Its Arabic name, ribฤt, derives from binding, because someone who remains at a frontier post is as though bound to it. Allah, Mighty and Majestic, says:
โPrepare against them whatever force and warhorses you can, to strike fear into Allahโs enemy and your enemy.โ [al-Anfฤl: 60]
The reward for this service is proportionate to the danger at that frontier and its inhabitantsโ need for protection against the enemy. It has been related that สฟAbd Allฤh ibn สฟUmar said: โJihad was prescribed to shed the blood of the polytheists, and guarding the frontiers to spare the blood of Muslims. Sparing the blood of Muslims is dearer to me than shedding the blood of the polytheists.โ It has been said that he made this statement only after jihad had become affected by the abuses that arose within it. For สฟUmar ibn al-Khattฤb said:
โGo on campaigns while warfare remains sweet and fresh, before it becomes bitter and arduous, then becomes thumฤm-grass, then withered vegetation, then crumbling stubble. When campaigns range far afield, onerous commands multiply, and the spoils are deemed lawful, the best jihad for you is guarding the frontiers.โ
Thumฤm is fresh vegetation,