or else to stay with the Bedouin Muslims, enjoying the same rights and bearing the same duties as they. Thereafter the Prophet ﷺ would instruct the commanders that when they lay siege to the unbelievers in their fortresses and the latter ask them to grant the covenant of Allah and the covenant of His Messenger, they must not do so; rather, they should give them their own personal covenant, for breaking the covenant of Allah and His Messenger is a far graver offence than breaking one’s own covenant. Likewise, if the besieged demand to be judged by the ruling of Allah, the commanders must refuse; instead they should require them to submit to the commanders’ own judgment and ijtihād, lest the commanders err in determining the ruling of Allah Most High and then attribute that error to Him.

Reason for citing the ḥadīth in this chapter: it contains a prohibition against granting the covenant (dhimma) of Allah and His Messenger to unbelievers, out of fear that it might not be honored; failing to fulfill it would constitute a grave crime, a violation of Allah’s covenant, and a defect in pure monotheism.

Lessons drawn from the ḥadīth:
1 – Legitimacy of dispatching detachments and armies for jihad in the path of Allah.
2 – Fighting must aim at exalting the word of Allah and erasing the traces of disbelief from the earth, not at gaining dominion, worldly wealth, or fame.
3 – Legitimacy of appointing commanders over armies and detachments.
4 – It is prescribed for the ruler to counsel the commanders and clarify for them the strategy they are to follow in their jihad.
5 – Jihad is to be undertaken with the permission and under the implementation of the ruler.
6 – Legitimacy of inviting the enemy to embrace Islam before engaging in combat.
7 – Legitimacy of levying jizya on all unbelievers.
8 – Prohibition of killing children.
9 – Prohibition of mutilating the dead.