Can captors acquire legal ownership of a free person (Muslim or Dhimmi) taken captive?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Captors do not acquire ownership of a free person, whether Muslim or Dhimmi. There is no known dispute on this matter because ownership is not established over a free person, nor is compensation due for them. All things for which monetary value is guaranteed are subject to acquisition by force, such as merchandise, an enslaved person (qan), a Mudabbar, or an Umm Walad.
Supporting text
Abu Hanifa holds that a Mudabbar or an Umm Walad cannot be owned by the captors because the transfer of ownership is not permissible for them, making them akin to a free person. The counter-argument is that since compensation is due for them, they are acquirable like an enslaved person (qan).