Muwatta Imam Malik (Riwayat Yahya)

Imam Malik (may Allah have mercy on him) was informed: A slave of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) had run away, and there was a horse as well, so both of them were captured by the disbelievers. Then the Muslims found both of them among the spoils of war. So both were returned to Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) before the distribution.

Imam Malik, may Allah have mercy on him, said: If the wealth of Muslims is found with the disbelievers, it will be returned to its owners as long as it has not been distributed; but if it has been distributed, then it will not be returned.

Imam Malik, may Allah have mercy on him, was asked about a Muslim's slave who was taken by the disbelievers, and then the Muslims found him among the spoils of war. He replied that the slave will be returned to his owner without any payment as long as it has not been distributed. But when it has been distributed, then the owner has the option to take him back by paying the price.

Imam Malik, may Allah have mercy on him, said: If the umm walad of a Muslim is captured by the disbelievers, then the Muslims find her among the spoils of war and she is distributed, and then her owner recognizes her after the distribution, then that umm walad will not be made a slave again. Rather, the Imam should ransom her from the spoils of war and hand her over to her owner. If the Imam does not ransom her, then her owner should ransom her by paying compensation; he should not leave her. And the one in whose share that umm walad has come, it is not permissible for him to make her a slave or to have intercourse with her, because the umm walad is like a free woman. For this reason, if an umm walad injures someone, her owner will be ordered to ransom her by paying compensation. So here too, the same ruling applies that her owner should ransom her in whatever way possible; he should not leave her, nor should she be made a slave or have intercourse with her.

Imam Malik, may Allah have mercy on him, was asked about a person who went to the land of the disbelievers to free Muslims or for trade, and there he bought both free men and slaves, or the disbelievers gifted them to him? Imam Malik, may Allah have mercy on him, replied: If this person bought a free man, then the amount paid for him will be considered a debt and he will not become a slave, and the one who came as a gift will remain free, and nothing will be due for him, except in the case that something was spent in exchange for the gift, then that amount will be a debt upon him, as if he bought him in exchange. And if this person bought a slave, then the previous owner has the option to take the slave by paying the amount for which he was bought, or not take him and let him remain with the buyer. And the one who came as a gift, the first owner may take the slave for free, but if something was spent in exchange for the gift, then it is necessary for the first owner, if he wishes, to pay that amount and take the slave, or not take him.