Is the offspring of an apostate adult or minor subjected to enslavement if born before the apostasy?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
Slavery does not apply to the apostate man or woman, whether they joined the Abode of War or remained in the Abode of Islam. This is the position of Al-Shafi'i. The offspring born to them before the apostasy are judged to be Muslims following their parents' initial status, and they do not follow them in apostasy because Islam prevails. Therefore, they cannot be enslaved as minors because they are Muslims, nor as adults if they affirm Islam. If they confirm their apostasy, they are apostates whose ruling is to be asked for repentance, and enslavement is unlawful for them.
Supporting text
Abu Hanifa holds that if the apostate woman joins the Abode of War, she may be enslaved, citing the enslavement of Banu Hanifa's women by Abu Bakr. Another view suggests that the apostate's offspring born after apostasy are disbelievers and may be enslaved, as they were born to disbelieving parents and are not apostates themselves, this being the view of Ahmad and Al-Kharqi. Al-Shafi'i suggests they should not be enslaved because their parents cannot be enslaved, and they are not subjected to *jizyah* obligations.