Is the manumission performed by an enemy combatant (Harbi) valid?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The manumission performed by an enemy combatant is valid. The proof for this is that the divorce initiated by a Harbi is valid, so his manumission must also be valid, similar to the ruling for a Dhimmi. Furthermore, the Harbi is a possessor of property, being mature, sane, and prudent, thus his manumission is valid, as is the case for a Dhimmi.
Supporting text
Abu Hanifa and those who agree with him hold that the manumission of a Harbi is invalid because they do not possess full legal ownership. Their evidence is the permissibility of taking their property and the nullification of their personal safety and wealth. However, their assertion that they possess no property is rejected because they admit that enemies acquire ownership over Muslims' property through conquest (qahr), making it more appropriate for them to hold ownership in other matters.