What is the validity of the arbitrator's judgment concerning the fate of the combatants and non-combatants?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the arbitrator rules that the combatants be killed and their progeny enslaved, the judgment is executed, as Sa'd ibn Mu'adh ruled regarding Banu Qurayzah, prompting the Prophet's affirmation that it was a judgment from Allah. If the ruling is to grant amnesty (*man*) to the combatants and enslave the progeny, Al-Qadi holds that the judgment is binding, aligning with the view of Al-Shafi'i, as the ruling authority rests with the arbitrator regarding matters of public interest, making the amnesty permissible for him, similar to the Imam with captives.
Supporting text
Abu Al-Khattab argued that amnesty for combatants is not binding because the arbitrator must rule in favor of the Muslims' benefit, and amnesty holds no benefit for them. Amnesty for the progeny should likely not be permitted, as the Imam cannot grant amnesty to enslaved offspring. A ruling for ransom (*fida'*) is permissible because the Imam has a choice among killing, ransom, enslavement, and amnesty for captives. A ruling that they give *jizya* is not binding, as the pact of protection (*dhimma*) requires mutual consent.