The Prophet (peace and blessings of Allah be upon him) considered the evidence, and the absolute mention of it refers to two witnesses; and because it is a claim of killing, two witnesses are required, as in the case of intentional killing.

Section: It is permissible to take the spoils from the slain and leave them naked. This is the opinion of al-Awza'i. Al-Thawri and Ibn al-Mundhir disliked it because of the exposure of their 'awrah (private parts) that it entails. Our argument is the statement of the Prophet (peace and blessings of Allah be upon him) regarding the one killed by Salamah ibn al-Akwa': "He shall have all of his spoils." And he said: "Whoever kills a person killed in battle, he shall have his spoils." This encompasses all of it.

1641 - Issue; he said: (And whoever grants them safe conduct (aman) from among us—whether a man, a woman, or a slave—his safe conduct is valid.)

The general principle is that if safe conduct is granted to the people of war, it becomes forbidden to kill them, take their wealth, or harm them. It is valid from every sane, adult Muslim acting of their own free will, whether they are male or female, free or a slave. This is what al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, Ibn al-Qasim, and most scholars have said. It was narrated from 'Umar ibn al-Khattab (may Allah be pleased with him). Abu Hanifah and Abu Yusuf said: The safe conduct of a slave is not valid unless he has been given permission to fight; because jihad is not incumbent upon him, so [his safe conduct] is not valid, [like that of a child], and because he is brought from the Dar al-Harb, so it is not trusted that he would not look out for their benefit in prioritizing their interests. Our argument is what was narrated by 'Ali from the Prophet (peace and blessings of Allah be upon him), that he said: "The sanctuary (dhimmah) of the Muslims is one; the lowliest among them may strive for it. Whoever violates the safe conduct of a Muslim, upon him is the curse of Allah, the angels, and all of mankind; neither repentance nor ransom shall be accepted from him." Narrated by al-Bukhari. Fudayl ibn Yazid al-Raqashi narrated, saying: 'Umar ibn al-Khattab prepared an army, and I was among them, and we besieged a place, and we saw