the Exalted forbid His Messenger from returning women to the disbelievers after He had made peace with them on the condition of returning them during the story of al-Hudaybiyah, in which it is stated: "Then believing women came, and Allah forbade them from returning them." Narrated by Abu Dawud and others (8). If it is a man, there are two narrations regarding him; one of them is that he also shall not be returned. This is the view of al-Hasan, al-Nakha'i, al-Thawri, and al-Shafi'i; because returning to them is an act of disobedience, so it is not binding by way of a condition, just as if it were a woman, and as if one were to stipulate the killing of a Muslim or the drinking of wine. The second view is that it is binding upon him. This is the view of Uthman, al-Zuhri, al-Awza'i, and Muhammad ibn Suqah (9); based on what we mentioned regarding sending the ransom, and because the Prophet (peace and blessings of Allah be upon him) had entered into a covenant with Quraysh to return whomever came to him as a Muslim, and he did return Abu Basir, saying: "Indeed, treachery does not befit our religion." This differs from the return of a woman, for Allah the Exalted distinguished between the two in this ruling when the Prophet (peace and blessings of Allah be upon him) made peace with Quraysh on the condition of returning whomever came to him from them as a Muslim, so Allah executed that regarding the men and abrogated it regarding the women. We have already mentioned the difference between them from three perspectives.

Section: If they release him and grant him safety, they are in a state of safety from him; because their granting him safety entails that they are safe from him. If it is possible for him to proceed to the Abode of Islam, he is bound to do so, and if it is difficult for him, he remains, and his status is the status of one who embraces Islam in the Abode of War (Dar al-Harb). If he sets out to leave, and they catch up with him and follow him, he may fight them, and the safety is voided; because they demanded that he remain, which is an act of disobedience. As for if they release him without granting him safety, he may take what he can from them, steal, and escape; because he did not grant them safety and they did not grant him safety. If they release him and stipulate that he remain with them, it is binding upon him to fulfill what they stipulated. [This was explicitly stated] (10); according to the saying of the Prophet (peace and blessings of Allah be upon him): "The Muslims (11) are bound by their conditions (12)." The companions of al-Shafi'i said: It is not binding upon him. As for if they release him on the condition that he is their slave, Abu al-Khattab said: He may steal, escape, and kill; because his status as a slave is a legal judgment that is not established by their word, and even if it were established, it does not entail a grant of safety for him from them, nor for them from him. This is the school of al-Shafi'i.