If a man buys them both, he has the option to separate them if he wishes, or to keep them together in marriage. As for us, the renewal of ownership of both spouses by one man does not necessitate the permissibility of annulment, just as if he had purchased two Muslim spouses. Once this is established, it is not forbidden to separate the spouses during distribution and sale, because the Shari'a has not stipulated otherwise.

Section: If a belligerent (harbi) becomes Muslim in the Abode of War, his wealth, his blood, and his young children are protected from capture. If he enters the Abode of Islam and becomes Muslim, and he has young children in the Abode of War, they become Muslims, and their capture is not permitted. Malik, al-Shafi'i, and al-Awza'i held this view. Abu Hanifah said: Whatever he has in his possession of his wealth, servants, goods, and young children shall be left to him, and whatever was of his wealth in the Abode of War may be captured; because their Islam is not established by his Islam, due to the difference of the two abodes between them. For this reason, if a child is captured while his parents are in the Abode of Disbelief, he does not follow them, but rather follows his captor in Islam. Whatever consists of land or houses is fay' (booty), as is his wife if she is a disbeliever, and what is in her womb is fay'. As for us, his children are the children of a Muslim, so it is necessary that they follow him in Islam, just as if they were with him in the Abode, and because his wealth is the wealth of a Muslim, it is not permitted to take it as spoils, just as if it were in the Abode of Islam; and by this, it differs from the wealth of the belligerent and his children. What Abu Hanifah mentioned does not follow; for we make him a dependent of the captor because we do not know if his parents remain. As for his adult children, he does not protect them because they do not follow him, and he does not protect his wife for that reason. If she is captured, she becomes a slave, and his marriage is not annulled by her enslavement, but her status regarding marriage and its annulment remains the same as if she had not been captured, according to what has passed regarding the marriage of the polytheist. If she is pregnant by her husband, it is not permitted to enslave the fetus, and it shall be free and Muslim. Al-Shafi'i held this view. Abu Hanifah said: It is ruled to be a slave along with its mother, because that to which emancipation extends, slavery also extends, like the rest of her body. As for us, its freedom and Islam are established, so it is not permitted to enslave it, like the one who has already been born, and it differs from [the mother's] limbs because they do not stand independently in ruling from the original.

Section: If a belligerent becomes Muslim in the Abode of War and he has wealth and real estate, or a Muslim enters it and buys real estate or wealth, and then the Muslims conquer his wealth and real estate, they do not possess it, and it remains his. Malik and al-Shafi'i held this view. Abu Hanifah said: The real estate is taken as booty, but as for other things, if it is in his possession or in the possession of a Muslim, it is not taken as booty.