Can the protégé (Mawla) of a Muslim be enslaved?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not permissible to enslave a non-Muslim who is the protégé (Mawla) of a Muslim, because enslaving him results in the nullification of the protected status ('Walaa') of the protected Muslim. Consequently, his children who also possess that protected status cannot be enslaved either, based on this principle.
Supporting text
If the emancipator (who granted the 'Walaa') was a Dhimmi (protected non-Muslim subject), then enslaving the protégé is permissible because the Dhimmi himself could theoretically be subject to enslavement (though this premise is refuted). The view of Al-Kharqi suggests permission for enslavement based on the permissibility of killing such an individual and the realization of the cause for enslavement (conquest) benefiting Muslim interests.