Is it permissible to separate a captured couple during division (qasmah) or sale?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not prohibited by the religious law (Shari'ah) to separate a married couple during the division of captives or during sale. The established position of our companions is that it makes no difference whether one or two men captured the couple.
Supporting text
It ought to be differentiated: if the husband and wife are captured by two separate men, the owner of the wife is solely her captor, and the marriage is dissolved according to Quran 4:24, making her permissible for him. The view supporting the non-necessity of dissolution upon resale or division is based on the principle that the renewed ownership of a single master over a captured couple does not mandate dissolution, just as it does not mandate dissolution if a Muslim couple is purchased.