the Prophet (peace and blessings of Allah be upon him) ransomed the two men with him. It is narrated by Muslim (18). This is because the penalty of killing was dropped by his Islam, so the rest of the options remain as they were. Our position is that he is a captive whose killing is prohibited, so he becomes a slave like a woman, and the hadith does not negate his enslavement. For a woman may be ransomed while she is a slave, as Salamah ibn al-Akwa' narrated that he fought alongside Abu Bakr, who granted him a woman as spoils (nafal), and he gifted her to the Prophet (peace and blessings of Allah be upon him), who sent her to the people of Mecca while they held captives, and he ransomed them for that woman (19). However, he cannot be ransomed or shown favor except with the permission of the victors; because he has become property belonging to them. It is possible that showing him favor is permissible; because it was permissible to show him favor while he was an infidel, so it is more appropriate to do so after his Islam, for Islam is a good deed that necessitates honoring him and conferring grace upon him, not preventing that in his regard. It is not permissible to return him to the disbelievers, unless he has something that protects him from the polytheists, such as a tribe or similar. And the ransoming of him was only permitted because he is thereby released from slavery. As for if he becomes a Muslim before his capture, it is prohibited to kill him, enslave him, or ransom him, regardless of whether he accepted Islam while in a fortress, in a valley, in a narrow passage, or otherwise; because he had not yet fallen into the hands of the victors.

Section: If the captives from the People of the Book ask for their release in exchange for paying the jizya, this is not permissible regarding their women and children; because they became spoils through capture. As for the men, this is permissible for them, and the optional choice established regarding them does not cease. The companions of al-Shafi'i said: It is forbidden to kill them, just as if...