Is the release of a captive polytheist woman obligatory if her son offers a Muslim captive in exchange?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a female polytheist captive's son requests her release, offering a Muslim captive in exchange, and the Imam grants the request by having the Muslim captive brought, the release of the woman becomes obligatory because the implication of the transaction is acceptance of the son's proposal. If the Imam later claims he did not intend to agree to the exchange, he is not compelled to abandon his captive, who must be returned to a place of safety. This obligation is based on the principle that Muslims adhere to their agreements, as evidenced by the saying of the Prophet, peace be upon him, 'Muslims are bound by their conditions,' and the ruling that treachery is not permissible in our religion, supported by the Prophet's action of redeeming captives and keeping his promise regarding a Muslim who came seeking refuge.
Supporting text
The Shafi'i school holds that the Muslim captive must be released, but the polytheist woman is not released because a free Muslim cannot be the price for a female slave. They argue that the exchange implies a condition, which must be honored, similar to an explicit condition, and the disbeliever acted upon this understanding. This view is countered by precedents where the Prophet, peace be upon him, ransomed captives, such as when he redeemed the captive taken from Salama ibn al-Akwa' with two Muslims.