If a person redeems a Muslim captive by paying a ransom for him without the captive's explicit permission, is the captive liable to repay the buyer?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a person buys a captive from the spoils, the captive is liable to repay the price paid if the purchase was made with the captive's authorization; this is undisputed, as the buyer acts as the captive's representative. If the purchase was made without permission, the captive is still liable for the price according to Imam Ahmad, Al-Hasan, Al-Nakha'i, Al-Zuhri, Malik, and Al-Awza'i. This is because the captive is obligated to ransom himself to escape enemy control, so if another acts on his behalf, he must repay, similar to paying a debt the judge ruled against him.
Supporting text
Al-Thawri, Al-Shafi'i, and Ibn al-Mundhir stated that the captive is not liable because the redeemer volunteered for something not required of him, similar to building his own house. Al-Layth differentiated: if the captive is wealthy, he pays; if poor, the public treasury pays.