if he is able to kill him, and like their wounded if one does not capture him. As for the captive of another, it is not permissible for him to kill him, unless he reaches a state where it is permissible to kill him for the one who captured him. Yahya ibn Abi Kathir narrated that the Prophet (peace and blessings of Allah be upon him) said: "None of you shall seize the captive of his companion once he has taken him, then kill him." Narrated by Sa'id (8). If he kills his captive, or the captive of another (9) before that, he has done wrong, but he is not liable for his indemnity (daman). Al-Shafi'i held this view. Al-Awza'i said: If he kills him before he brings him to the Imam, he is not liable, but if he kills him after that, he must pay his value; because he destroyed something from the spoils that has value, so he is liable, just as if he had killed a woman. Our argument is that Abd al-Rahman ibn Awf captured Umayyah ibn Khalaf and his son Ali on the day of Badr. Bilal saw them and called out to the Ansar against them until they killed them, and they did not have to pay anything (10). Furthermore, because he destroyed that which is not property, he is not liable, as if he had destroyed it before bringing him to the Imam. Also, because he destroyed property that has no value before bringing it to the Imam, he is not liable, just as if he had destroyed a dog. As for if he killed a woman or a child, he is liable, because they were captives by the mere act of seizure (al-sab').

Section: Whoever is captured and claims that he was a Muslim, his statement is not accepted except with evidence; because he is claiming a matter whose outward appearance is the contrary, and it involves the nullification of a right attached to his person. If one person testifies for him, he swears along with him, and he is released. Al-Shafi'i said: It is not accepted except through the testimony of two just witnesses; because it is not property, and property is not the objective behind it. Our argument is what Abd Allah ibn Mas'ud narrated, that the Prophet (peace and blessings of Allah be upon him) said on the day of Badr: "None of them shall remain except that he is ransomed or his neck is struck." Abd Allah ibn Mas'ud said: "Except Suhayl ibn Bayda', for I heard him mention Islam." The Prophet (peace and blessings of Allah be upon him) said: "Except Suhayl ibn Bayda'" (11). He thus accepted the testimony of Abd Allah alone.