What is the ruling on the status and property of the People of the Covenant (Dhimmi) if they are captured by the enemy and later retaken?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the people of war conquer the People of the Covenant, capture them, and seize their wealth, and later the Muslims regain control, they must be returned to their covenant status (Dhimma), and it is impermissible to enslave them. This is the opinion of the majority of scholars, including Al-Sha'bi, Malik, Al-Layth, Al-Awza'i, Al-Shafi'i, and Ishaq, with no known opposition, because their covenant status remains intact as they have committed no act voiding it. Their property holds the same sanctity as Muslim property; 'Ali (RA) stated they paid the Jizyah so their blood becomes like our blood, and their wealth like our wealth.
Supporting text
If the owner is known before the spoils are divided, the property must be returned. If known after division, there are two narrations: one states he has no claim, and the second states he is entitled to it upon payment of its value, as their wealth is protected like Muslim wealth. Furthermore, ransoming them is generally obligatory because the Muslims have undertaken their protection by treaty and accepting Jizyah; thus, if they are captured, their release must be secured if possible.