1658 - Issue: He said: (And whoever buys from them while they are gathered, and it becomes clear that there is no kinship between them, he must return to the spoils share the surplus that is in them due to the separation).

The collective meaning is that whoever buys two or more from the spoils, and they are calculated against his share based on the fact that they are relatives between whom separation is prohibited, then it becomes clear that there is no kinship between them, he is obligated to return the surplus value that is in them to the spoils. This is because their value increases by that [fact]. If one buys two people, based on the fact that one of them is the mother of the other—meaning it is not lawful for him to combine them in intercourse, nor to sell one without the other—their value was low for that reason. If it becomes clear that one of them is unrelated to the other, it becomes permitted for him to have intercourse with both and to sell one of them, so their value increases; thus, the surplus must be returned, just as if he had bought them and found with them jewelry or gold, and as if he had taken dirhams and they turned out to be more than what was calculated against him.

1659 - Issue: He said: (And whoever is taken captive from their children alone, or with one of his parents, he is a Muslim, and whoever is taken captive with both parents, he remains upon their religion).

The collective meaning is that if a child who has not reached puberty is taken from the children of the disbelievers, he becomes a slave, and he cannot be in any state other than one of three. The first: that he is captured separated from his parents; this child becomes a Muslim by consensus, because religious status is only established for him dependently, and his dependency upon his parents has been severed due to his separation from them, his removal from their abode, and his arrival in the Abode of Islam as a dependent of his Muslim captor, so he is a dependent of the captor in his religion. The second: that he is captured with one of his parents, for it is ruled that he is a Muslim [as well. Al-Awza'i held this view. Abu Hanifah and al-Shafi'i said: He is a follower of his father in disbelief, because he was not separated from one of his parents, so it is not ruled that he is a Muslim], as if he were captured with both of them. Malik said: If he is captured with his father, he follows him, because the child follows his father in religion, [just as he follows him in lineage. And if he is captured with his mother, he is a Muslim, because he does not follow her in lineage, and thus [he does not follow her] in religion].