kill them, for there is no sin, liability, nor expiation [due upon the slayer]; this is because he performed what he was commanded to do and killed one whom Allah has made permissible to kill and has commanded to be fought. Likewise, there is no liability for any property that the people of justice destroy belonging to the people of rebellion during the war; for if they are not held liable for lives, then property is even more so. If the just person is killed, he is a martyr, because he was killed in a battle that Allah the Almighty commanded by His saying: "Then fight against that which rebels." (1) As to whether he should be washed and prayed over, there are two narrations. The first is that he should not be washed or prayed over, because he is a martyr of the battlefield in which one was commanded to fight, so he resembles the martyr of the battlefield against the disbelievers. The second is that he should be washed and prayed over, which is the opinion of al-Awza'i and Ibn al-Mundhir; this is because the Prophet (peace and blessings of Allah be upon him) ordered prayer for whoever says: "There is no god but Allah," and he excluded the slain of the disbelievers in battle (3), thus, in other cases, it remains upon the original ruling. Furthermore, the martyr of the battlefield of the disbelievers has a greater reward and higher merit, and it has been related that he shall intercede for seventy members of his household (4), whereas this one does not attain that status in merit, so the same ruling does not apply to him; for a thing is only compared to its equal.
Section: The people of rebellion are also not held liable for what they destroyed during the war, whether life or property. This is the opinion of Abu Hanifah and al-Shafi'i in one of his two narrations. In the other, they are held liable for that, due to what Abu Bakr said to the people of apostasy: "You shall pay blood money for our dead, but we shall not pay blood money for your dead" (5). Furthermore, these are inviolable lives and properties that were destroyed without right or the necessity of repelling a permissible [attack], therefore their compensation becomes mandatory, like that which was destroyed (6) outside the state of war. Our evidence is what al-Zuhri narrated, that he said: The great discord (fitna) occurred among the people,
(1) Surah al-Hujurat, 9. (2) In [B] and [M]: "And because". (3) Its verification has preceded in: 3/357, recorded by al-Daraqutni, and the exception is not mentioned therein. (4) Recorded by al-Tirmidhi in: Chapter on the reward of the martyr, from the chapters on the virtues of Jihad. 'Aridat al-Ahwadhi 7/161. And by Sa'id in: Chapter on what is the reward of the martyr, from the Book of Jihad. Al-Sunan 2/217, 218. (5) Recorded by al-Bayhaqi in: Chapter on who said: They are pursued for blood, from the Book of Fighting the People of Rebellion, and in: Chapter on fighting the people of apostasy and what was taken of the Muslims' goods in their hands, from the Book of Drinks and Punishments. Al-Sunan al-Kubra 8/183, 184, 335. And by Ibn Abi Shaybah in: Chapter on what they said regarding the man who becomes Muslim then apostatizes..., from the Book of Jihad. Al-Musannaf 12/264. See what preceded of its verification from Abu 'Ubayd in the fourth volume, page 9. The verification of al-Bukhari and Fath al-Bari is deleted. (6) In [B]: "was". In [M]: "was destroyed".
