and their unbelievers were distinguished by their extreme hostility towards him. This therefore barred the acceptance of jizyah from them, just as jizyah is not accepted from an apostate, both to treat him more severely and because of the honour he had acquired through his previous adherence to Islam.

He also cited the report that ‘Umar said:

“No Arab may be held in slavery.”

Those who disagreed with him held two views concerning the permissibility of enslaving those from whom jizyah is not accepted. Both are reported from Ahmad.

The first is that enslavement is comparable to accepting jizyah: anyone from whom jizyah is not accepted may not be enslaved. This is the position of Abū Hanīfah and others, and the view preferred by al-Khiraqī, al-Qādī and other followers of Ahmad. It is also the view of al-Istakhrī, one of al-Shāfi‘ī’s followers.

According to Abū Hanīfah, jizyah is accepted from every unbeliever except Arab polytheists. This is also one position reported from Ahmad. On this basis, enslaving Arab polytheists is not permitted, since jizyah is not accepted from them, whereas enslaving non-Arab polytheists is permitted. This is also al-Shāfi‘ī’s view, based on his position that Arabs may not be enslaved.

The other position reported from Ahmad is that jizyah is accepted only from the People of the Book and the Magians, as in al-Shāfi‘ī’s school. According to this position within Ahmad’s school, no polytheist may be enslaved, whether Arab or non-Arab. This is the view preferred by al-Khiraqī, al-Qādī and others.

Under these two positions within Ahmad’s school, enslavement is prohibited on grounds of religion, not lineage. Thus, if someone takes an Arab woman captive and she embraces Islam