Section
If those at war with the Muslims seize free Muslims and sell them, the purchase constitutes a ransom, and the purchaser who pays it may seek reimbursement from the person ransomed. The exception is where one spouse ransoms the other, knowing that the captive is their spouse, without having been asked to do so; in that case, no reimbursement may be sought. There is disagreement concerning a captive who would automatically become free upon coming into the ransomerโs ownership. One view holds that the ransomer may not seek reimbursement, whether aware of the relationship or not; this is Ibn Habฤซbโs position. Another holds that reimbursement may not be sought if the ransomer knew of the relationship; this accords with what is stated in al-Mudawwanah. There is also disagreement concerning a relative within the prohibited degrees of marriage whose ownership would not entail emancipation. One view treats such a relative like a wife: if the ransomer knew of the relationship, reimbursement may not be sought unless the ransom was paid at the captiveโs request. Another treats such a relative like an unrelated person, allowing reimbursement in every case. As for a blood relative outside the prohibited degrees of marriage, there is no disagreement that such a person is treated like an unrelated person and that reimbursement may be sought in every case.
If they bring these captives into Muslim territory under a guarantee of safe conduct, they may be ransomed only with their captorsโ willing consent. If the captors insist on taking them back to their own lands, they are entitled to do so according to Ibn al-Qฤsim, directly contrary to what Ibn Habฤซb related from Mฤlik and his companions. If the Muslims capture them as spoils, they are free and owe nothing, unless they are sold during the distribution of the spoils and raise no objection, being unaware that they are under no obligation to accept this. In that case, according to one of Ibn al-Qฤsimโs two opinions in al-สฟUtbiyyah, they are liable to reimburse the prices paid for them. If their captors embrace Islam while holding them, they must release them and have no claim over them. If they conclude a truce, the captives may be ransomed only with their captorsโ willing consent. If they conclude an agreement to pay jizyah, Yahyฤ related from Ibn al-Qฤsim that the captives are not to be taken from them, whereas Sahnลซn related from him that they are to be taken from them in exchange for their value. The latter is the correct view; no other can be sound. For when a slave belonging to a non-Muslim under Muslim protection embraces Islam, the owner is compelled to sell him and is not allowed to retain him. How much more must this apply to free Muslims!
Section
If they seize free people under Muslim protection and sell them, those people are restored to their protected status, and the purchaser may seek reimbursement of the purchase price from them. If they bring them into Muslim territory under a guarantee of safe conduct, no one has any claim against them concerning these captives; if they wish,