What happens if the stipulated person (slave or man) dies before or after the fortress conquest?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the stipulated person dies either before or after the conquest, the claimant receives nothing. This is because the right was contingent upon a specific object, and that object perished without negligence on the part of the claimant; thus, the right is extinguished, similar to a deposit (*wadi'ah*). This differs from the case where they embrace Islam, as their delivery is possible but prevented by Sharia.
Supporting text
If the conquest is by treaty and the Imam specifically excludes the stipulated slave or man, and hands them over, the treaty is valid. If the treaty is unconditional, the claimant demands the reward from the owner of the fortress, and their value is offered. If the claimant accepts the value, the treaty is fulfilled. If the claimant refuses the value, the judge dissolves the treaty because fulfilling the treaty regarding this specific right is impossible, and the claimant’s right predates the general treaty condition, meaning the two cannot be reconciled.