What is the ruling concerning an enslaved person belonging to a Muslim who flees to the abode of war and is then captured?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If an enslaved person belonging to a Muslim flees to Dar al-Harb (abode of war) and is seized there, the captors acquire ownership of him as they would property. This is the position of Malik, Abu Yusuf, and Muhammad. The rationale is that since the property would be acquired if taken from Dar al-Islam, it is acquired when taken from Dar al-Harb, like livestock.
Supporting text
Abu Hanifa holds that they do not acquire ownership. The reasoning is that upon reaching Dar al-Harb, the master's possession ceases, and since the slave is in his own possession, he is not owned, similar to a free person.