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Text and translation
English translation
1568. 'Imrān bin Ḥuṣain narrated that the Prophet ﷺ ransomed two men from the Muslims with a man from the idolaters. (Ṣaḥīḥ)
[Abū 'Eisā said:] This Ḥadīth is Ḥasan Ṣaḥīḥ.
The paternal uncle of Abū Al-Muḥallab's name is 'Abdur-Raḥmān bin 'Amr, and they also say it was Mu'āwiyah bin 'Amr. And Abū Qilābah's name is 'Abdullāh bin Zaid Al-Jarmī (narrator in the chain).
This is acted upon according to most of the people of knowledge among the Companions of the Prophet ﷺ and others. It is for the Imām to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom
he wills among them. Some of the people of knowledge preferred killing over ransoming.
Al-Awzā'ī said: "It has been conveyed to me, that this Āyah is abrogated: Thereafter (is the time) either for generosity (to free them without ransom) or ransom.[1] it was abrogated by: And kill them wherever you find them.."[2] This was narrated to us by Hannād (who said): "Ibn Al-Mubārak narrated to us, from Al-Awzā'ī."
Ishāq bin Manšūr said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishāq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."
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Commentary
Most of the people of knowledge say that it is the right and privilege of the Amīr or of the Head of the State to treat the prisoners according to the situation. He can put them in jail or forgive them after receiving ransom, or he can release them without receiving anything from them. This point of view is correct.
