Is the safe conduct granted by the Imam to a captive after his capture valid?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The safe conduct issued by the Imam to a captive after seizing him is valid, evidenced by the incident where Umar ibn al-Khattab was prevented from killing Al-Hurmuzan after the capture, because the Prophet's companion Anas testified that Umar had granted him Aman, which Umar accepted based on the testimony of Al-Zubayr. This is also the position of Al-Shafi'i, as the Imam has the right to grant pardon, which is greater than Aman.
Supporting text
Abu Al-Khattab narrated that the Aman of an individual is valid, citing the example of Zaynab, the daughter of the Prophet (PBUH), granting Aman to her husband Abu al-As ibn al-Rabi' after his capture, which the Prophet (PBUH) ratified. This view is also attributed to Al-Awza'i. Our primary position is that the matter of the captive is entrusted to the Imam, and individual action is impermissible encroachment, akin to killing him. The narration regarding Zaynab's Aman was only established through the ratification by the Prophet (PBUH).