Is it permissible for a person to kill a prisoner captured by another Muslim?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not permissible for an individual to kill a prisoner captured by another, unless the situation reaches a state where the captor himself would be permitted to execute that prisoner. Yahya ibn Abi Kathir narrated that the Prophet (peace be upon him) said, "Let none of you take up the prisoner of his companion and kill him." If someone kills the prisoner he captured or the prisoner of another before the required procedure, he has committed a wrongful act, but no financial guarantee (daman) is incumbent upon him.
Supporting text
Al-Shafi'i held this view regarding liability. Al-Awza'i differed, stating that if the killing occurs before bringing the prisoner to the Imam, there is no liability. However, if the killing occurs after presenting the prisoner to the Imam, the killer must guarantee the price (daman) of the prisoner because he destroyed an item of value belonging to the spoils of war (ghanimah), similar to killing a woman captive.