that his minor children are deemed Muslim by virtue of his conversion, and no one may lay a hand on them once the Muslims have gained control of his dwelling. The same ruling applies to any property of his that was left on deposit with a Muslim or a dhimmī; everything else is counted as fayʾ (state booty). This, too, is reported from Mālik. Another report from him says that the convert has the strongest claim to the whole of his property before the spoils are divided—without paying a price—and may reclaim it after division by paying its assessed value.

Both of these transmissions are regarded by the scholars as sounder than the report of Ibn al-Qāsim, who held that the man’s property and children become fayʾ for the Muslims. If an enemy combatant comes to us under safe-conduct and then embraces Islam, he secures his minor children but not his wealth. The distilled position of Mālik is that both his property and his children are fayʾ, yet the first opinion is preferable. Allah alone grants success.

Mutarrif and ʿAbd al-Malik both relate from Mālik that when a person under safe-conduct arrives with a Muslim captive, intending to exchange him for an enemy prisoner or for money, he must not be allowed to take the Muslim back to the enemy. Mālik said: the ruler should compel the one who holds the captive to release him for his fair value and must forbid any surcharge. ʿAbd al-Malik added that a large surcharge is prohibited, though a slight increase may be tolerated; the captive is to be taken from whoever holds him so that anyone who wishes may ransom him for an equivalent amount.