Is it permissible for Muslims to ransom or rescue truce parties captured by other enemy groups during the truce period?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is not obligatory for the authority to secure their release if other enemies capture and enslave them. Furthermore, it is not permissible for Muslims to purchase their freedom, as they are under a pact of security, meaning harming them or taking them into slavery is prohibited. Al-Shafi'i's position indicates this prohibition.

Supporting text

An alternative view, attributed to Abu Hanifa, suggests that ransoming them might be permissible because the obligation to defend them does not exist, making their enslavement not inherently forbidden, unlike the case of Ahl al-Dhimma.