the place of dispute is excluded from it by way of analogy to it. The second situation is that the woman is captured alone, in which case the marriage is annulled, without any disagreement known to us. The verse indicates this, and Abu Sa'id al-Khudri reported: We captured captives on the day of Awtas, and they had husbands among their people, so they mentioned that to the Messenger of Allah (peace and blessings of Allah be upon him), and it was revealed: "And [also prohibited to you are] married women except those your right hands possess." Narrated by al-Tirmidhi, who said: This is a hasan (good) hadith. However, Abu Hanifah said: If the woman is captured alone, and then her husband is captured a day later, the marriage is not annulled. As for us, the cause requiring annulment has occurred, so the marriage is annulled, just as if he were captured after a month. The third situation is that the man is captured alone, in which case the marriage is not annulled; because there is no text regarding this, nor does analogy dictate it. The Prophet (peace and blessings of Allah be upon him) captured seventy of the disbelievers on the day of Badr, some of whom he showed favor to and others he ransomed, and he did not rule for the annulment of their marriages. Furthermore, since we do not rule for the annulment of the marriage when both are captured together, despite taking possession of the subject of his right, then it is more appropriate that his marriage is not annulled when there is no taking possession of her. Abu al-Khattab said: If one of the spouses is captured, the marriage is annulled. He did not differentiate. Abu Hanifah held the same view, because the abode has separated the spouses, and ownership has supervened upon one of them, so the marriage is annulled, just as if the woman was captured alone. Al-Shafi'i said: If he is captured and enslaved, his marriage is annulled; but if he is shown favor or ransomed, it is not annulled. As for us, we rely on what we have mentioned, and that captivity does not remove his ownership of his property in the Abode of War, so it does not remove it from his wife, just as it does not remove it from his slave woman.

Section: Our companions did not differentiate, regarding the capture of two spouses, between whether they were captured by one man or two men. It should be differentiated between them, for if they were with two men, the owner of the woman would be alone with her, and no husband would be with her, so she would be lawful for him, according to the words of the Almighty: "And [also prohibited to you are] married women except those your right hands possess." Al-Awza'i mentioned that if the spouses are captured, they remain in the marriage in the divisions,