This crime, also, being similar in character, was punished by the ancient jurists in the same way; and We, abolishing this unreasonable penalty (that is to say, death), intend to substitute for it a milder one, as previously stated. It was established by the ancients that nothing should be delivered to the enemy which could increase his strength, and render him more formidable, and they sentenced those who violated this law to lose their lives. But We, prescribing a more moderate penalty for such a crime, even though it deserves exemplary chastisement, do hereby decree that if the guilty party who delivered the goods in question to the enemy is the owner of the vessel which served to transport them, and did not communicate his intention to his sailors, he alone shall be punished, and unless it will reduce him to absolute poverty, he must surrender to the Treasury, in addition to the cargo of his ship, half of all his other possessions. But where his sailors were the only ones who participated in this offence without permitting their evil designs to become known, which is something that they often do, the owner will be released from liability, and they alone shall suffer the penalty. They shall, in the first place, be whipped and shaved, and then, if they are wealthy, they shall pay fourfold the value of what they transported; but if, on the other hand, they are poor, they shall still be whipped and ignominiously shaved, and, in addition to this, shall forfeit their freedom, and be reduced to a servile condition, for this is, indeed, a very moderate punishment for the crime of having caused others to be enslaved. These measures shall be taken when the offence was not perpetrated by common consent. But when this was done with the knowledge of all concerned, the participants in the offence shall together undergo the penalties which We have hereinbefore prescribed.