People of dhimmah who are taken captive, whom the Muslims then overcome

Musawir al-Warraq (may Allah have mercy on him) said: I asked al-Sha'bi (may Allah have mercy on him) about a woman from the ahl al-dhimmah whom the enemy took captive; then the Muslims overcame them and she fell to the share of one of the Muslim men. What is the ruling on her? Al-Sha'bi said: She shall be returned to those with whom she has a covenant.

Ibrahim (may Allah have mercy on him) said: If the enemy takes ahl al-dhimmah captive and then the Muslims overcome them, those captives shall not be counted as slaves.

Amir (may Allah have mercy on him) said: The ahl al-dhimmah shall not be sold.

Amir (may Allah have mercy on him) said: Free persons who have been taken captive shall not be sold.

Ghadirah al-Anbari (may Allah have mercy on him) said: We came to Sayyiduna Umar (may Allah be pleased with him). Ibn Awn (may Allah have mercy on him) said: He either said it was about women, or about slave women who used to commit fornication in the Age of Ignorance. Sayyiduna Umar (may Allah be pleased with him) ordered that their children be valued at the charge of their fathers and that they not be enslaved.