“So when you meet those who disbelieve, strike their necks until, when you have thoroughly subdued them, bind them firmly. Then either release them as a favor or ransom them, until the war lays down its burdens. That is so. Had Allah willed, He could have taken vengeance upon them Himself, but He tests some of you by means of others. As for those who are killed in the cause of Allah, He will never let their deeds go to waste. (4)”
“So when you meet those who disbelieve, strike their necks”: the accusative construction here is one of exhortation; that is, strike their necks—that is, their throats. “Until, when you have thoroughly subdued them”: when you have inflicted heavy casualties upon them and overcome them. “Bind them firmly”: that is, when taking them captive, so that they do not escape from you. Captives are to be taken only after inflicting heavy casualties, as He said: “It is not for a prophet to have captives until he has thoroughly subdued the enemy in the land” (al-Anfal 67). “Then either release them as a favor or ransom them”: that is, after you have taken them captive, either graciously release them without compensation, or ransom them.
The scholars differed concerning the ruling of this verse. Some said that it has been abrogated by His saying, “If you encounter them in war, then deal with them in such a way as to deter those behind them” (al-Anfal 57), and by His saying, “Kill the polytheists wherever you find them” (al-Tawbah 5). This view was held by Qatadah, al-Dahhak, al-Suddi, and Ibn Jurayj; it was also the view of al-Awza‘i and the proponents of legal opinion. They said: It is not permissible to grant release or accept ransom for disbelievers who have been taken captive.
Others held that the verse is decisive and remains in force, and that, with regard to adult, sane male disbelievers who are taken captive, the Muslim ruler has the choice of killing them, enslaving them, graciously releasing them without compensation, ransoming them for money, or exchanging them for Muslim captives. 126/b This was the view of Ibn Umar, and it was also held by al-Hasan, Ata’, and most of the Companions and scholars. It is likewise the view of al-Thawri, al-Shafi‘i, Ahmad, and Ishaq.
Ibn Abbas said: “When the Muslims became numerous and their authority grew strong, Allah, exalted is He, revealed concerning the captives: ‘Then either release them as a favor or ransom them.’”
This is the sounder and preferred view, for the Messenger of Allah, peace and blessings be upon him, and the caliphs after him acted upon it:
Abd al-Wahid ibn Ahmad al-Mulayhi informed us; Ahmad ibn Abd Allah al-Nu‘aymi informed us; Muhammad ibn Yusuf related to us; [Muhammad ibn Isma‘il related to us; Abd Allah ibn Yusuf related to us] (1); al-Layth related to us; Sa‘id ibn Abi Sa‘id related to us that he heard Abu Hurayrah say: The Prophet, peace and blessings be upon him, sent a troop of horsemen toward Najd, and they brought back a man from Banu Hanifah named Thumamah ibn Uthal. They tied him to a pillar [among the pillars] (2) of the mosque. The Messenger of Allah, peace and blessings be upon him, came out to him and said, “What do you have to say, Thumamah?” He replied, “I have good to say, Muhammad. If you kill me, you kill a man whose blood will be avenged; if you show me favor, you show favor to one who is grateful; and if you”