JIHAD SECTION · 127 – The Ruling on Killing a Captive Without Proselytizing Islam
Sa'd (radiyallahu anhu) narrated: When Mecca was conquered, the Messenger of Allah (peace and blessings be upon him) granted amnesty to everyone. However, four men and two women were excluded. The narrator, Mus’ab, mentioned their names. He also mentioned Ibn Abi Sarh by name, then recited the hadith.
The narrator Sa'd said: As for Ibn Abi Sarh, he hid himself with Uthman ibn Affan. When the Messenger of Allah (peace and blessings be upon him) called the people to pledge allegiance, he was brought forth. He was presented before the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) said, “Pledge allegiance with Abdullah ibn Abi Sarh.” The Messenger of Allah (peace and blessings be upon him) raised his head and looked at him three times, hesitating to accept his pledge each time. After the third time, he accepted his pledge, then turned to his companions and said: "Is there none among you who, when I withdrew my hand from accepting this man’s pledge, would have stood up and killed him?”
The companions said, “O Messenger of Allah! We do not know what is in your soul. Would it not be better if you gave us a sign with your eyes?”
The Messenger of Allah (peace and blessings be upon him) replied, "It does not behoove a Prophet to suspect treachery.”
Abu Dawud said: Abdullah ibn Abi Sarh was the foster brother of Uthman. Walid ibn Ukba was Uthman’s maternal brother. Uthman had him punished for drinking wine. [469]
**COMMENTARY:**
Initially, the Messenger of Allah (peace and blessings be upon him) deliberated greatly concerning Abdullah ibn Abi Sarh because he apostatized while he was his scribe. Afterwards, he accepted Islam again. Abdullah ibn Sa'd ibn Abi’s-Sarh was appointed as governor of Egypt by Uthman in the year 25 after Hijrah. The conquest of Africa occurred through his efforts.
Amr bin Osman bin Abdurrahman bin Said al-Mahzumi, may Allah be pleased with him, narrated:
My grandfather, Abdurrahman, told me, and he heard it from his father, Said, that the Messenger of Allah, peace and blessings be upon him, said on the day of the conquest of Mecca: “There are four people regarding whom I do not grant safety, neither outside [sacred territory] nor within it. Whoever finds them may kill them.” And he mentioned their names. He said that two of them were slave girls of Mikyas, a musician. One of them was killed and the other fled and later embraced Islam.
Abu Dawud said: I did not fully comprehend the chain of narrators of this hadith from Ibn al-Ala.
Anes ibn Malik (may Allah be pleased with him) narrated:
The Messenger of Allah ﷺ entered Mecca wearing a helmet. When the Messenger of Allah ﷺ removed his helmet, a man came and said, “Ibn Hatal is clinging to the covering of the Ka’bah [as one whose blood is forbidden].” The Messenger of Allah ﷺ said, "Kill him."
Abu Dawud said: Ibn Hatal's name is Abdullah. He was killed by Abu Burazat al-Aslami. [470]
COMMENTARY:
This hadith serves as evidence for the permissibility of one who fears for his life to abandon his ihram. It also provides evidence that a necessary obligation can be fulfilled despite an impediment to something forbidden. Ibn Hatal was once a Muslim. The Messenger of Allah ﷺ sent him with a man from amongst the Ansar, appointing the Ansari as his leader. When they were halfway along the road, he killed his companion and took his helmet, fleeing. He was found clinging to the covering of the Ka’bah at the conquest of Mecca. He was killed by Said Ammar and Abu Burazat upon the Messenger of Allah ﷺ's command for qisas (retribution).