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Text and translation
English translation
2858. It was narrated from Ibn Buraidah that his father said: "Whenever he appointed a man to lead a military detachment, the Messenger of Allâh ﷺ would advise him especially to fear Allâh and treat the Muslims with him well. He ﷺ said: 'Fight in the Name of Allâh and in the cause of Allâh. Fight those who disbelieve
in Allāh. Fight but do not be treacherous, do not steal from the spoils of war, do not mutilate and do not kill children. When you meet your enemy from among the polytheists, call them to one of three things. Whichever of them they respond to, accept it from them and refrain from fighting them. Invite them to accept Islam, and if they respond then accept it from them and refrain from fighting them. Then invite them to leave their land and move to the land of the polytheists. Tell them that if they do that, then they will have the same rights and duties as the polytheists. If they refuse, then tell them that they will be like the Muslim Bedouins (who live in the desert), subject to the same rulings of Allāh as the believers. But they will have no share of Fay[1] or war spoils, unless they fight alongside the Muslims. If they refuse to enter Islam, then ask them to pay the Polltax. If they do that, then accept it from them and refrain from fighting them. But if they refuse, then seek the help of Allāh against them and fight them. If you lay siege to them and they want you to give them the protection of Allāh and your Prophet, do not give them the protection of Allāh and your Prophet, rather give them your protection and the protection of
your father and of your Companions, for if you violate your protection and the protection of your fathers, that is easier for you than violating the protection of Allâh and the protection of His Messenger. If you lay siege to them and they want you to let them come out with a promise of the judgement of Allâh and His Messenger ﷺ, do not offer them a promise of the judgement of Allâh and His Messenger ﷺ, rather offer them your judgement, because you do not know if you will actually pass (the same as) Allâh's judgment regarding them or not." (Sahih)
Another chain with similar wording.
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Footnotes
1
[1] Al-Fay: wealth of the disbelievers that falls into the Muslims' hands without any fighting.
Commentary
Killing men is not the basic purpose of Jihâd, rather the aim is motivating people to accept the true religion or to remove the obstacles from those who want to accept it. So, if a disbeliever accepts Islam he is welcomed, because by his Islam he loses the power of preventing people from Islam.
The fighters in Allâh's cause may grant protection to non-Muslims.
They have to grant the protection on their own responsibility. They should not say that it is on behalf of Allâh or His Prophet ﷺ.
During war, enforcing a siege to the fort of enemies is allowed.
If the besieged people accept the decision of the leader of the Muslim army and surrender themselves, then they should be treated kindly as prisoners of war after having accepted their request.
