What are the legal consequences for non-Muslims who break a covenant (Naqd al-'Ahd)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the non-Muslim residents break the covenant, or if an individual obtains protection for themselves and their descendants and then breaks the covenant, their adult males are killed, but their descendants who were born before the breach are not enslaved. This is because the covenant encompassed them all, including the offspring, and the breach originated only from the adult males. Thus, the sanction involving life is restricted to them. If an individual secures protection alone, without their offspring, the covenant may be broken for the individual without affecting the offspring. Since the breach is committed by adult males and not the offspring, the ruling should apply only to them.
Supporting text
Regarding those born among them after the covenant was broken, it is permissible to enslave them because they never established a pact of security. This ruling applies whether those who broke the pact fled to the land of war or remained in the land of Islam. Regarding their women, if one flees to the land of war willingly, or agrees with her husband in breaking the covenant, her capture is permissible, as she is an adult responsible for the breach, similar to the man. If she did not breach the covenant, her pact is not voided by her husband's breach.