it is permissible, just like the Abode of Islam. And because ownership is established therein by force, conquest (9), and seizure, its distribution is valid, just as if it had been secured in the Abode of Islam. The evidence for the establishment of ownership therein consists of three matters: First, the cause of ownership is full possession, which has been found, for we have established our hands upon them in reality, overpowered them, and expelled them from it, and possession indicates the need of the possessor; thus, ownership is established by it, as in the case of permissible (unowned) things. Second, the ownership of the disbelievers has ceased over it, evidenced by the fact that their freeing of slaves who were obtained as spoils is not effective, nor is their disposal of them valid, and their ownership did not pass to a non-owner, as it is not, in this state, permissible (to everyone). Thus, it is known (11) that their (12) ownership has transferred to the conquerors. Third, if a slave of a warrior (harbi) embraces Islam and joins the army of the Muslims, he becomes free, and this indicates the cessation of the disbeliever's ownership and the establishment of ownership for the one who conquered him. By this, the response to what they mentioned is achieved.

1655 - Issue: He said: "And when they are taken captive, a father shall not be separated from his child, nor a mother from her child."

The scholars have reached a consensus that separating a mother from her young child is not permissible. This is the view of Malik among the people of Medina, al-Awza'i among the people of al-Sham, al-Layth among the people of Egypt, and al-Shafi'i, Abu Thawr, and the proponents of opinion regarding it. The basis for this is what Abu Ayyub narrated, saying: "I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'Whoever separates a mother from her child, Allah will separate him from his loved ones on the Day of Resurrection.'" Related by al-Tirmidhi (1), who said: "A hasan gharib hadith." The Prophet (peace and blessings of Allah be upon him) also said: "Let no mother be distressed over her child" (2). Ahmad said: "A mother shall not be separated from her child even if she consents." That is—and Allah knows best—because of the harm it causes the child, and because a woman might consent to something that harms her, then her heart changes afterward