Is the spoils of war (ghanima) and enslavement of offspring permissible from those who engage in rebellion (baghy)?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
The spoils of war (ghanima) belonging to rebels and the enslavement of their offspring are definitively unlawful. This prohibition is agreed upon among scholars. The permissibility of shedding their blood is limited only to what is necessary for self-defense during the fighting. The basis for this is their inherent sanctity (ismā), and anything beyond necessary defensive action remains under the original prohibition. Evidence includes the narrations from Abu Umamah and Ibn Mas'ud. Furthermore, the fighting against rebels is solely for repelling them and returning them to the truth, not due to their disbelief; thus, only what is necessary for repulsion, like the attacker (ṣā'il) or the highway robber, is permitted regarding their persons, while the rule of sanctity remains for their property and offspring.
Supporting text
The Khawarij criticized 'Ali (may Allah be pleased with him) on the Day of the Camel, arguing that if their blood was lawful to shed, their wealth should also be lawful to take, and vice versa. Ibn 'Abbas countered by asking if they would enslave their mother ('A'ishah), invoking the verse Quran 33:6, which establishes the wives of the Prophet as mothers to the believers, thereby establishing their inviolability.