he sends it to them, because he acquired it in a manner forbidden for him to acquire, so he is obligated to return it, just as if he had taken it from the wealth of a Muslim.
1675 - Issue: He said, "Whoever has a covenant with the Muslims and they break it, they are to be fought; their men are to be killed, but their offspring are not to be taken captive, nor are they to be enslaved, except for those born after it was broken."
The summary of this is that when the people of the Dhimma (protected non-Muslims) break the covenant, or when a man takes a security pact for himself and his offspring and then breaks the covenant, their men are killed. However, their offspring existing before the breach are not to be taken captive, because the covenant included them all, and the offspring entered into it, while the breach originated only from their men. Therefore, the permissibility of killing is specific to them. It is possible for a man to be specifically bound by a covenant and security pact to the exclusion of his offspring, or for his offspring to be bound to the exclusion of him; thus, it is possible for the covenant to be broken regarding him but not them. The breach originated from the adult men, not the offspring, so its ruling must be specific to them. Ahmad said: The wife of Alqama [ibn Ulatha] said when he apostatized: "If Alqama has apostatized, I have not apostatized." Al-Hasan said regarding one who breaks the covenant: "Nothing is upon the offspring." As for those born among them after the breach of the covenant, it is permissible to enslave them, for no security pact was ever established for them. This applies equally whether they joined the land of war or remained in the land of Islam. As for their women, whoever among them joins the land of war willingly or agrees with her husband in breaking the covenant, she may be taken captive, because she is an adult and sound of mind who broke the covenant, so she is like the man. As for one who did not break the covenant, her covenant is not broken by the breach of her husband.
Section: As for the people of a truce (Hudna) if they break the covenant, their blood and wealth become lawful, as does the taking of their offspring captive,
(6) In (A) and (M): "it was forbidden". (7) In (M): "he returned what he took". (1) In (M): "among them". (2) Omitted from (M). (3) Recorded by Ibn Abi Shaybah, in: Chapter on what they said regarding a man who becomes Muslim then apostatizes, from the Book of Jihad. Al-Musannaf 12/264. It was also cited from him by Ibn Hajar, in Al-Isaba 4/555. (4) In (A) and (B): "he joined". (5) In (B): "is broken".
