the anticipated harm caused by the widespread availability of this thing among the people, and I spend it on other Muslim public interests.
The point is that if they raise a doubtful matter, he must clarify it. Thus, if he were to say, for example: “Go back behind yourselves. I am the imam, and no one has any right to object to me. I am not to be questioned about what I do, whereas you will be questioned”—what should we say? We say: This is not permissible, and it is unlawful for him to make such a statement.
If someone were to ask: How can he be required to clarify the doubtful matter when he is the ruler and no one has the right to hold him to account?
The answer is that he must clarify it in order to avert harm and so that he has an excuse if he fights them, lest someone say that he fought them blindly. For if he clarifies the truth and removes the doubt, yet they persist in fighting, then he is excused in fighting them. Once he has removed the injustice, clarified the doubtful matter, and conducted himself as he ought, but they still insist on fighting, the author says:
“If they return, [well and good]; otherwise, he must fight them.”
This is obligatory, not merely recommended or permissible. If they return, sheathe their swords, and go back to their homes, then that is what is required, and it is what brings security and stability. But if they refuse, he must fight them in order to repel their evil. This is why the author said, “he must fight them,” rather than, “he must kill them.” The difference is that in fighting, if a combatant desists, it becomes obligatory to desist from fighting him. It is not permissible to pursue him, finish off his wounded, seize his property as spoils, or enslave his offspring, because fighting him alone is permitted, whereas killing him is not. Thus, if they turn away and are defeated, we do not pursue them. Not everyone whom it is permissible to fight may be killed. This is why people are fought, for example, if they abandon the call to prayer; but is it permissible to kill them? No. Thus, if some people were to abandon—