What is the ruling on purchasing a Muslim slave and taking him out to the Abode of War (*Dar al-Harb*)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a person purchases a Muslim slave and takes him out to the Abode of War, and that slave is subsequently captured by the Muslims, the captor does not gain spoils of war (*ghanimah*). This is because the sale is invalid, and thus the purchaser's ownership is not established.
Supporting text
The seller must return the price paid to the combatant (*Harbi*) because the transaction occurred while the buyer was under safe passage (*aman*). If the slave is destroyed, the combatant owes the slave's value, and any remaining balance between the price and the value must be settled between the parties.