What is the obligation regarding an oath sworn by a captive released to the enemy in exchange for ransom?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a captive is released by the disbelievers and swears an oath to send them ransom or return to them, their obligation depends on coercion. If they were tortured into the oath, they are not bound to fulfill the return or ransom, based on the saying: "My Ummah is excused from error, forgetfulness, and what they are forced to do." If they were not forced and have the means to pay the ransom they pledged, they must fulfill it. This is the position of 'Ata, Al-Hasan, Al-Zuhri, Al-Nakha'i, Al-Thawri, and Al-Awza'i.
Supporting text
Al-Shafi'i also holds that the obligation does not apply because the captive is free, and they have no right to him in exchange for ransom. However, the main position relies on the verse: "And fulfill the covenant of Allah when you have covenanted" (Quran 16:91) and the Prophet's adherence to the Treaty of Hudaybiyyah regarding returning those who came to him as Muslims, affirming that perfidy is not part of their religion.