The ruling on taking women captive in fighting between two believing factions
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if the fighting is between two believing factions, and there is the taking of chaste women captive,
The Shaykh:
and so on. Thank you.
The questioner:
If the fighting is between two believing factions, and there is the taking of chaste women captive,
The Shaykh:
taking captives is not permissible. The wealth of Muslims is not to be taken, even if they are rebels. In fighting between Muslims, taking captives is not permissible, nor is taking war spoils, because the wealth of Muslims is respected. The rebel faction is fought only to discipline them and to put a stop to their harm, but their wealth is not taken and their women are not taken captive, because they are Muslims, and their wealth is respected because they are Muslims. Even if they are fought, they are Muslims, but fighting them is only to stop their harm. So their wealth is returned to them, and whatever of it was destroyed in the fighting is not guaranteed, but whatever remains is returned to them, because they are Muslims. Hmm.
Honorable Shaykh, if the fighting is between two believing factions, and there is the taking of chaste women captive,
The Shaykh:
and so on. Thank you.
The questioner:
If the fighting is between two believing factions, and there is the taking of chaste women captive,
The Shaykh:
taking captives is not permissible. The wealth of Muslims is not to be taken, even if they are rebels. In fighting between Muslims, taking captives is not permissible, nor is taking war spoils, because the wealth of Muslims is respected. The rebel faction is fought only to discipline them and to put a stop to their harm, but their wealth is not taken and their women are not taken captive, because they are Muslims, and their wealth is respected because they are Muslims. Even if they are fought, they are Muslims, but fighting them is only to stop their harm. So their wealth is returned to them, and whatever of it was destroyed in the fighting is not guaranteed, but whatever remains is returned to them, because they are Muslims. Hmm.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجهاد - 3 — islamhouse.com (44:18)
The Arabic text is a machine transcription of the audio recording.