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“Do not embezzle.” Ghulul is betrayal with respect to the spoils of war. When dishonesty enters the booty, the very intention behind striving in the path of Allah is corrupted and the aim becomes sheer greed. You did not set out on campaign—nor can victory be expected—except through the soundness of your motives. Once the intention is tainted, you will be overwhelmed and your enemy will prevail. Allah the Exalted says: “Among you are those who desire the life of this world and among you are those who desire the Hereafter; then He turned you back from them in order to test you” (Qur’an 3:152).
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“Do not act treacherously.” Treachery (ghadr) is the breach of a covenant; it is the opposite of fidelity. Rather, fulfill completely whatever terms you have agreed upon with them.
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“Nor mutilate.” Do not sever the limbs of the slain—his hands, feet, or ears—nor rip open his belly or otherwise disfigure him. Such practices belong to one who fights out of vengeance, not to one who fights seeking beneficence.
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“And do not kill a child.” This forbids the killing of minors who have not yet reached puberty.
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The enemy, the polytheist, must first be invited to one of three alternatives, and if he accepts any of them you must be content with it: embracing Islam, paying the jizya, or engaging in combat. Should they accept Islam, they must relocate from the land of unbelief to the land of Islam so that they can practice their faith openly, strengthen the Muslim ranks, and enjoy the same rights and duties as all other Muslims.
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When the commander of the army makes a pact with the polytheists, he should not pledge it in the name of Allah or His Messenger; instead, he should bind it with his own personal word, lest the pact be broken and treachery occur. The covenant of Allah and the covenant of the Messenger are above betrayal. If he pledges only his own word and later breaks it, the sin is comparatively lighter.
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If the commander of an army or a detachment wishes to have his polytheist enemy surrender according to a ruling, that ruling should be based on his own judgment and ijtihad, not expressly on the ruling of Allah, for the mujtahid cannot know with certainty whether he has arrived at Allah’s actual ruling or erred. Should he be mistaken, his liability is lighter than that—