English translation
1617. Sulaimān bin Buraidah narrated from his father who said: "When the Messenger of Allāh ﷺ sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allāh, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allāh, in the cause of Allāh. Fight those who disbelieve in Allāh, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islām, and to relocate from their land to the land of the Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslims, and they will be treated the same as the Bedouins are treated. There is no war spoils or Fay[1] for them, unless they fight along with the Muslims. If they refuse then seek aid from Allāh against them and fight them. And if you lay siege to a fortress and they want you to grant them a covenant from Allāh and a covenant of His Prophet, then do not grant them the covenant of Allāh nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions. For if you break your covenant and the covenant of your companions, it will be better than breaking Allāh's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allāh, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allāh regarding them or not.' Or similar to that." (Saḥīḥ) [Abū 'Eisā said:] There is something on this topic from An-Nu'mān bin Muqarrin, and the Hadīth of Buraidah is a Ḥasan Saḥīḥ Hadīth. Muḥammad bin Bash-shār narrated to us (he said): "Abū Aḥmad narrated to us from Sufyān (who said): "Alqamah bin Marṭhaḍ narrated to us' – and it is similar in its meaning, but he added in it: "If they refuse, then take the Jizyah from them, and if they refuse then seek aid from Allāh against them.” [Abū ‘Eisā said:] This is how it was reported from Waki’ and others from Sufyān. And other than Muḥammad bin Bash-shār reported it from ‘Abdur-Raḥmān bin Mahdī, and he mentioned the matter of the Jizyah in it.