What is the ruling if a captive is unable to pay the promised ransom?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the captive is a woman, she is not returned to the enemy, nor is it permissible for them to have her, based on the verse: "So do not return them to the disbelievers" (Quran 60:10), and because returning her allows them to violate her through unlawful relations, which Allah forbade the Prophet from doing after the treaty of Hudaybiyyah regarding believing women.
Supporting text
Regarding a male captive who is unable to pay, there are two narrations. One is that he is not returned, supported by Al-Hasan, Al-Nakha'i, Al-Thawri, and Al-Shafi'i, because returning him would be a sin, just like returning a woman or if the condition was killing a Muslim or drinking wine. The second narration states he is bound, supported by 'Uthman, Al-Zuhri, Al-Awza'i, and Muhammad ibn Suqah, based on the Prophet's honoring his covenant with Quraysh regarding the return of Muslims, exemplified by his handling of Abu Basir, distinguishing it from the case of women, as Allah differentiated between them in this ruling when the Prophet made the pact.