The Book of Iman (Faith)

 (3) Chapter. He who kills a disbeliever after he declares: la ilaha illallah (none) has the right to be worshipped but Allah)

6. Al-Miqdad bin Al-Aswad narrated that he said: ´´O Messenger of Allah Suppose I met one of the infidels and we fought, and he struck one of my hands with sword and cut it off and then took refuge in a tree and said, ´I submit to Allah (in islam), i.e., I have become a Muslim, should I kill him, O Messenger of allah, after he had said this?´´ The Messenger of Allah salla alayhi wa sallam said, ´´You should not kill him.´´ Al-Miqdad said, ´´O Messenger of Allah! But he had cut off my hand, and then only he had uttered those words? Should I kill him? The Messenger of Allah salla alayhi wa sallam replied, ´´You should not kill him, for if you kill him, he would be in your position where you had been before killing him, and you would be in his position where he had been before uttering those words.´´ The Hadith transmitted by Auza´i and Ibn Juraij contains these words: He said: ´´I accepted Islam for Allah´s sake,´´ and in the Hadith narrated by Ma´mar the words are: When I knelt down to kill him, he said, ´´None has the right to be worshipped but Allah.´´

7. Usamah bin Zaid, said: The Messenger of Allah salla alayhi wa sallam sent us in a campaign. In the morning we attacked Al-Huruqat of Juhainah (tribe). I caught hold of a man (from among them), he said, ´´La ilaha illallah,´´ but I stabbed him. it once occurred concern to me and I talked about it to the Prophet salla alayhi wa sallam and the Messenger of Allah salla alayhi wa sallam said, ´´Did you kill him after he had said ´La ilaha illallah´?´´ I said, ´´O Messenger of Allah, but he said so out of the fear of weapon.´´ He said. ´´Did you tear his heart to find out wether it had said or not.´´ The Prophet salla alayhi wa sallam kept on repeating to me so often that I wished I had embraced Islam that day. The narrator said that sa´d, said: ´´By Allah, I would never kill any Muslim until a person with a heavy belly, i.e., Usmah, would not kill.´´ Upon this a person remarked: ´´Did allah not say this: ´And fight them until there is no more fitnah and religion will be wholly for Allah´?´´ (V. 8:39) Sa´d said: ´´We fought so that there should be no more Fitnah, but you and your companions wish to fight so that there should be more Fitnah.´´

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