Chapter 13(b)

“Abu ‘ Abd Allah (a.s.), about the Muslim prisoners, their children or servants (slaves), taken by the enemy who were afterwards rescued after a victorious fight, how should they be dealt with, abu ‘Abd Allah (a.s.), has said, ‘The children of the Muslims do not become the share of the Muslims. They are returned to their parents, or brothers, or their guardian in the presence of witnesses. The slaves however become of the share of the Muslims. They are purchased with money from public treasury and their price is given to their owners.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about a man who is captured by the enemy with his properties. Then the Muslims captured him. ‘How should they deal with his properties?’ He (the Imam) replied, ‘If they capture him before the enemies secure for themselves his properties, they should be returned to him. If they capture him after the enemies secure for themselves his properties, such properties become as Fay’ for the Muslims and he deserves the right of having priority (al-Shuf’ ah) to purchase them before anyone else does.’”