Translation of Mukhtasar Muwatta Imaam Maalik
The Permissibility To Kill A Disbelieving Combatant After Conquering Them.
Mentioning the five hadeeth of Abee Bakr Muhammad ibn Muslim ibn Ubaydillah ibn Abdillah ibn Shihaab az-Zuhree from Anas.
[No.2] With the same chain of narration that, “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) entered Makkah, in the Year of Victory, wearing a helmet, and when he took it off a man came to him and said, “Messenger of Allah (Sallalahu Alayhee Was-Sallam), Ibn Khattal is clinging to the covers of the Ka’bah,” and the Messenger of Allah (Sallalahu Alayhee Was-Sallam) said, “Kill him.”
Ibn Shihaab commented, “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) was not in a state of ihraam at the time”
[GRADING] – [SAHEEH]
Imaam Maalik clarified he heard (this narration) in Saheeh Muslim (no.1357) and Ibn Shihaab clarified (hearing this hadeeth from Anas (RadhiAllaahu Anhu)) as per Ibn S’ad (at-Tabaqaat (2/139, 140) and its chain is Hasan li-Dhatihi (i.e. good in itself) and Abee Awaanah (al-Mustkhraj (pg.245) (the lost Edn)
[REFERENCES] – [AGREED UPON]
al-Muwatta (Yahya’s narration (1/423, no.975, book 20, chapter 81, hadeeth no.247 and it says: Maalik said: “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) was not in a state of ihraam at the time” (at-Tamheed (6/157) and al-Istidhkaar (no.916).
Transmitted by Bukhaari (no.1846, no.3044, no.4248, no.5808) and Muslim (no.1357) from the hadeeth of Maalik.
[UNDERSTANDING FROM THE HADEETH]
1) It is permissible to enter Makkah without ihraam If there is no intention to perform Hajj or Umrah.
2) It is permissible to take precautions for your own safety.
3) Killing a disbelieving combatant (a disbeliever who you are at war with) is allowed even after they have been conquered only if the Khaliph or his commander thinks it is appropriate and needed.
4) Hanging a cover on the house of Allah is allowed according to the Prophetic Sunnah, the Sunnah he remained silent upon.
5) The individuals name who asked about Ibn Khattal is unknown. (at-Tawdheeh ul-Mubhamaat al-Jam’e us-Saheeh (pg.96[manuscript form]) of Ibn Ajmee). It is possible it was Abu Barza as-Salamee (RadhiAllaahu Anhu), and Allah knows best (Fath ul-Baaree (4/60)
6) Ibn Khattal (a disbeliever) was killed in return for martyring a companion. (Fath ul-Baaree (4/61)
7) Abdullah Ibn Umar (RadhiAllaahu Anhuma) travelled from Makkah (to Madeenah), when he reached Qadeed (a place), he received news from Madeenah (that discord had broken out) so he returned to Makkah without an ihraam. (Muwatta Imam Maalik (1/423 no.976 and its chain is [Saheeh] authentic)