Is it permissible to release captive People of the Book upon their agreement to pay Jizyah?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not permissible to release captive women and their offspring (dhariyyah) from the People of the Book in exchange for Jizyah, because they have become spoils of war through captivity (ghanimah bi al-saby). However, it is permissible regarding the men, and the established option of choice (regarding their status) remains in effect for them.
Supporting text
The companions of Al-Shafi'i hold that killing them is prohibited, similar to the ruling if they had embraced Islam.