Whoever believed that Abū Bakr issued his instruction only because he knew that the Prophet—peace and blessings be upon him—had revoked that practice—for it is inconceivable that Abū Bakr would knowingly oppose him—or who deemed the ruling confined to Banū al-Naḍīr on account of their particular circumstances, followed Abū Bakr’s view. By contrast, anyone who took the Prophet’s own deed—peace and blessings be upon him—as decisive, admitting no statement or action as proof against it, held the burning of trees to be permissible.

Mālik, however, differentiated between animals and trees: killing animals, he said, amounts to mutilation, and mutilation is forbidden. Moreover, nothing is reported to show that the Prophet—peace and blessings be upon him—ever killed an animal.

Such, then, is the extent of harm that may lawfully be inflicted upon the unbelievers, whether upon their persons or their property.

Section Four: The Prerequisite for War

The unanimously acknowledged condition for waging war is that the call to Islam must have reached the enemy; in other words, it is unlawful to fight them until the invitation has been conveyed. The Muslims are agreed on this, in light of the Almighty’s words:

“We never punish until We have sent a messenger.” (al-Isrāʾ 17:15)

As to whether the call must be repeated each time hostilities are renewed, the jurists have differed: some deem its repetition obligatory, others recommend it, and still others consider it neither obligatory nor recommended.

Their divergence arises from an apparent tension between the Prophet’s words and his actions. It is authentically reported that whenever he—peace and blessings be upon him—dispatched a detachment he would tell its commander:

“If you encounter your enemy from among the idolaters, invite them to three alternatives; whichever of them they accept, accept it from them and cease fighting. Invite them to Islam; if they respond, accept it and desist. Then invite them to migrate from their land to the land of the Emigrants, and inform them that if they do so they will enjoy the same rights and bear the same duties as the Emigrants. If they refuse and choose to remain in their own land, tell them that they will be like the Bedouin Muslims: the ruling of Allah that applies to the believers applies to them, but they will have no share in booty or fayʾ unless they fight alongside the Muslims. If they still refuse, invite them to pay the jizyah; if they agree, accept it and desist. Should they refuse, seek Allah’s help and fight them.”

It is likewise established from his practice—peace and blessings be upon him—that “he would attack the enemy by night and raid them at dawn.” Hence the majority maintain that his practice abrogated his earlier instruction, arguing that the instruction pertained only to the early days of Islam, before the call had become widespread—this being indicated by his urging them therein to emigrate. Others gave precedence to the instruction over the practice, interpreting the latter as exceptional. Those who simply recommend issuing the invitation regard this as a means of reconciling the two.