Al-Qurtubi (2/26) said: Our scholars have said that ransoming the prisoners with money is wajib (obligatory), even if one dirham does not remain in the Islamic Treasury. Ibn Khuwaiz Mindad has confirmed the existence of verses of the Quran that indicate the obligation of releasing the prisoners. It has also been narrated from the Messenger of Allah (SAWS) that he ransomed the prisoners and ordered others to do so as well. This has also been course taken by the Muslims and their consensus that it is incumbent to free the prisoners by taking money from the Islamic Treasury, and if that is not possible, then it becomes compulsory as a collective duty: if one person executes it, the sin is lifted from the shoulders of the rest of the Muslims. Related from the author of The Book of Jihad and Fighting in Islamic Politics from the author of As-Seer Al-Kabeer with its commentary (3/1583): It is OK to exchange both male and female non-Muslim prisoners who are in the hands of the Muslims, for Muslim prisoners. This is the opinion held by Abu Yusuf, Muhammad and it is the strongest opinion held by Abu Hanifah (may Allah be pleased with him).
Posted on: Mon, 19 Jan 2015 21:40:03 +0000
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