the captive to pay the price as well, according to Ahmad. This was also the position of al-Hasan, al-Nakha'i, al-Zuhri, Malik, and al-Awza'i. Al-Thawri, al-Shafi'i, and Ibn al-Mundhir said: It is not incumbent upon him, because he [the purchaser] volunteered something that was not his obligation and was not permitted to do so, thus it resembles the case where one repairs someone else's house. [Al-Layth said: If the captive is wealthy, it is as we said; if he is poor, the Bayt al-Mal (Public Treasury) shall pay that.] Our evidence is what Sa'id narrated: 'Uthman ibn Matar informed us, Abu Hariz informed us, from al-Sha'bi, who said: The people of Mah and the people of Jalula' raided the Arabs and captured captives from among the Arabs. Sa'ib ibn al-Aqra' wrote to 'Umar regarding the Muslim captives, their slaves, and their property that the merchants had bought from the people of Mah. 'Umar wrote back: "Any man who finds his specific slave and property is more entitled to them than anyone else, but if he finds them in the hands of merchants after they have been divided, there is no recourse to them. As for any free person whom the merchants have purchased, their capital shall be returned to them, for a free person can neither be bought nor sold." Thus, he ruled in favor of the merchants regarding their capital. Furthermore, a captive is obligated to ransom himself so that he may be released from the rule of the disbelievers and exit from under their power. Therefore, if another person acts as a deputy for him in this, he is obligated to compensate him, just as if a judge settled a debt on his behalf which he had refused to pay.

Section: If they differ regarding the amount for which he was purchased, the word of the captive is accepted. This is the position of al-Shafi'i when he [the captive] has granted permission. Al-Awza'i said: The word of the purchaser is accepted, because they have differed regarding his [the purchaser's] action, and he is most knowledgeable of his own action. Our evidence is that the captive is the one denying the excess, and the word of the denier is accepted. Also, the basic principle is that his liability is free from this excess, so his position is strengthened by this basic principle.

1666 - Issue; He said: (If the polytheists capture those who pay the Jizya to us, then they are overpowered, they shall be returned to the state they were in, and they shall not be enslaved. Any property or slaves the enemy took from them shall be returned to them, provided it is known before it is divided; and they shall be ransomed after the Muslims are ransomed.)