Is the safe conduct granted by a slave valid?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The safe conduct of a Muslim slave is valid because he is a responsible, mature Muslim, making his guarantee valid, similar to a free man. Evidence includes the precedent set when Umar ibn al-Khattab ratified a slave's Aman granted to people of a besieged place, stating: "The Muslim slave is a man among the Muslims; his covenant is their covenant."
Supporting text
Abu Hanifa and Abu Yusuf disagree, stating that a slave's Aman is invalid unless he is authorized for combat, arguing he is not obligated for Jihad and might be suspected of favoring the enemy, similar to a minor. This suspicion is refuted by the fact that a woman's Aman, whose guarantee is valid by consensus, is also accepted despite her non-participation in Jihad.