he enslaves her; if she does not embrace Islam, he compels her to do so. This is how they interpret the practice of the Prophet, peace and blessings be upon him, and the Companions in enslaving Arabs. As for an idol-worshipping slave, they do not permit him to retain his religion under slavery, as they permit under jizyah. Similarly, the Companions took Arab and idol-worshipping women captive and had intercourse with them. The Prophet, peace and blessings be upon him, said:

“A pregnant woman must not be approached sexually until she gives birth, nor a woman who is not pregnant until one menstrual period has established that her womb is free of pregnancy.”

The four imams agree that intercourse took place only after the women had embraced Islam, and that intercourse with an idol-worshipping woman is impermissible, just as marrying her is impermissible.

“The second view” is that idol worshippers from whom jizyah is not accepted may be enslaved. This is the position of al-Shāfi‘ī and of Ahmad according to the other report from him. It rests on the fact that the Companions enslaved them, and we do not know that they compelled them to embrace Islam. Moreover, since they may not be killed, they must be enslaved; and slavery entails a degree of bondage absent from the collection of jizyah.

What we have explained makes clear that the correct view is that enslaving Arabs is permissible. As for the “report” mentioned from ‘Umar, if it is authentic and explicit concerning the point in dispute, Abū Bakr and ‘Alī nevertheless differed from him, for they took Arabs captive. It is also possible to understand ‘Umar’s statement as referring to the fact that the Arabs embraced Islam before their men were enslaved, and so slavery was not imposed upon them. Likewise, all of Quraysh embraced Islam, and slavery was therefore not imposed upon them because of their Islam, not because of their lineage. The Companions did not have the opportunity to take the women of Quraysh captive as they were able to