What is the alternative ruling regarding dissolving the treaty if the stipulated person converts or the treaty is unconditional?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is probable that the treaty remains valid, and the value of the stipulated person is paid to the claimant. This is because delivery became impossible while the object survived, so its value is compensated, similar to when the stipulated person converts before or after capture, and the claimant is a disbeliever. The argument that the claimant's right is prior is countered by the greater detriment caused by dissolving the treaty, which harms the entire army and potentially other Muslims by making the fortress unconquerable later.
Supporting text
The minor harm to one individual (the claimant's loss being the difference between the object's intrinsic value and its market value, which is considered minor for one person) is outweighed by preserving the collective benefit and avoiding great harm to all Muslims. This principle supports giving the finder of lost property his item before division, but requiring him to pay its value if found after division, to prevent harm to others.