If Muslims capture and enslave previously captured truce members or seize their property, must they be returned if the first opinion prevails?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the first opinion prevails, meaning the prohibition on enslavement stands, any individuals or property seized from those who captured the truce members must be returned to them, analogous to returning the property of Ahl al-Dhimma.

Supporting text

According to the second opinion, if Muslims conquer the captors and take possession of the enslaved persons and their wealth, there is no obligation to return these gains to the truce parties.