What they said on one who is captured in dar al-harb: what is the ruling on him?

Ibn Jurayj (may Allah have mercy on him) said: Ata was asked about a man from the dhimmis who was captured in the land of the polytheists, and who said: "I had no intention of helping them against you," when they had stipulated on him that he would not go to them. He (may Allah have mercy on him) considered killing him disliked except with testimony. The narrator said: At that time some of the people of knowledge said to Ata (may Allah have mercy on him): "When he has broken a single thing of what was binding on him, the peace treaty is thereby broken."

Hisham (may Allah have mercy on him) said that al-Hasan al-Basri (may Allah have mercy on him) said about the dhimmis: When they break the covenant, there will be no burden upon their offspring.