Hadith 13877

Yahya related to me from Malik that it reached him that a slaveof Abdullah ibn Umar escaped and one of his horses wandered off, andthe idol worshippers seized them. Then the Muslims recaptured them,and they were returned to Abdullah ibn Umar, before the division ofthe spoils took place.I heard Malik say about muslimproperty that had been seized by the enemy, "If it is noticed beforethe distribution, then it is returned to itsowner. Whatever hasalready been distributed is not returned to anyone."Malik,when asked about a man whose young male slave was taken by the idolworshippers and then the Muslims re-captured him, said, "The owner ismore entitled to him without having to pay his price or value orhaving to incur any loss before the distribution takes place. If thedistribution has already taken place then I think that the slavebelongs to his master for his price if the master wants him back."Regarding an umm walad of a Muslim man who has been taken bythe idol worshippers and then recaptured by the Muslims and allottedin the distribution of spoils and then recognised by her master afterthe distribution, Malik said, "She is not to be enslaved. I think thatthe Imam should pay a ransom for her for her master. If he does notdo it, then her master must pay a ransom for her and not leave her. Ido not think that she should be made a slave by whoever takes her andintercourse with her is not halal. She is in the position of a freewoman because her master would be required to pay compensation if sheinjured somebody and so she is in the same position (as a wife). Hemust not leave the mother of his son to be enslaved nor mayintercourse with her be made halal."Malik was asked about aman who went to enemy territory to pay ransom or to trade, and hebought a free man or a slave, or they were given to him. He said, "Asfor the free man, the price he buys him for is a debt against the manand he is not made a slave. If the captive is given to him freely, heis free and owes nothing unless the man gave something in recompensefor him. That is a debt against the free man, the same as if a ransomhad been paid for him. As for a slave, his former master can choose totake him back and pay his price to the man who bought him or he canchoose to leave him, as he wishes. If he was given to the man, theformer master is more entitled to him, and he owes nothing for himunless the man gave something for him in recompense. Whatever he gavefor him is a loss against the master if he wants him back."