What is the ruling on the property of a belligerent who returns to the abode of war and is subsequently enslaved?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the belligerent returns to the abode of war and is enslaved, the ruling on his property is suspended until his final status is known—whether through death or otherwise. If he dies, the property becomes spoils (*fay'*) because enslaved persons cannot bequeath property. If he is freed, the property belongs to him. If he is not enslaved, but is ransomed or released by the Imam, the property remains his. If he is killed, the property goes to his heirs.
Supporting text
If the belligerent enters the abode of Islam without safe conduct solely to retrieve his property, his killing and enslavement are permissible because establishing security for his property does not establish security for his person, just as if his property were merely a deposit (*wadi'ah*) while he resided in the abode of war.