As for us, we rely on the saying of the Prophet (peace and blessings of Allah be upon him): "Every newborn is born upon the fitra (primordial nature), and his parents make him a Jew, [or a Christian, or] a Magian." The implication is that he does not follow one of them; for when a ruling is tied to two things, it is not established by only one of them. Furthermore, he follows his captor when alone, so he follows him when accompanied by one of his parents, by analogy to the case where one of the two parents converts to Islam. This is confirmed by the fact that every person whose Islamic status is prioritized when alone, is also prioritized when with one of the parents, like the child of two Muslim parents. The third case: that he is captured with both parents, so he remains upon their religion. This is the view held by Abu Hanifah, Malik, and al-Shafi'i. Al-Awza'i said: He is a Muslim; for the captor has a greater right to him because he took possession of him through captivity, the guardianship of his parents over him has ceased, their inheritance from him and his from them has been severed, so he is more entitled to him than they are. As for us, we rely on his saying (peace and blessings of Allah be upon him): "...and his parents make him a Jew, [or a Christian, or] a Magian." They are with him, and the captor's ownership of him does not prevent him from following his parents, as evidenced by the case where a child is born in his possession from his two disbelieving slaves.

Section: If a married person from the disbelievers is taken captive, there are three scenarios. The first: that the spouses are taken captive together, in which case their marriage is not annulled. This is the view of Abu Hanifah and al-Awza'i. Malik, al-Thawri, al-Layth, al-Shafi'i, and Abu Thawr said: Their marriage is annulled, according to the words of the Almighty: "And [also prohibited to you are] married women except those your right hands possess." Married women are those who are wedded, "except those your right hands possess" through captivity. Abu Sa'id al-Khudri said: This verse was revealed regarding the captives of Awtas. Ibn Abbas said: [It refers to] those who possess husbands among the captives. Furthermore, because he has taken over the subject of the disbeliever's right, his ownership ceases, just as if he had captured her alone. As for us, slavery is a condition that does not prevent the initiation of marriage, so it does not cut off its continuation, similar to manumission. The verse was revealed regarding the captives of Awtas, and they had taken the women without their husbands; the general application of the verse is restricted to the slave woman who is married in the Abode of Islam,