He likewise ruled concerning women, since they share the same underlying rationale—contrary to the view of al-Shafi‘i’s companions, who hold that they may be ransomed for money, which then becomes spoils. If the ransom is made through an exchange of captives, those entitled to the spoils are to be compensated from the share designated for public interests.

If he wishes to release them freely, this is not permissible unless those entitled to the spoils willingly waive their rights, or he compensates them with money from the share designated for public interests. Whoever among those entitled to the spoils refuses to relinquish his right may not be compelled to do so. Ransom is impermissible because their entitlement to the captives is established, and an exchange cannot therefore be made concerning that entitlement. The proof is that they are like all their other property, and like the case in which it had already been divided among them. Moreover, if ransom were permissible, releasing them freely would likewise be permissible, as it is in the case of adult captives. Furthermore, one of our established principles is that captives may not be sold to dhimmīs; ransom is likewise impermissible, since it is an exchange.

If among the captives are women who have husbands, the matter must be examined. If they are captured together with their husbands, they remain married; but if they are captured separately, the marriage is annulled. If a married woman among them embraces Islam before she is taken captive, she is free, and her marriage is annulled upon completion of the waiting period.