Muslims. As for us, our evidence is the saying of Allah the Exalted: "Except for those who repent before you overcome them" (5). The repentance of disbelievers is accepted after they are overpowered, just as it is accepted before that, and the penalty of killing and cutting off is dropped from them in every case. Furthermore, waging war (muharabah) can occur from Muslims, as evidenced by the saying of Allah the Exalted: "O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger" (6).

1594 - Issue; He said: "The highwaymen are those who confront people with weapons in the wilderness, forcibly seizing their wealth openly."

The summary of this is that for the highwaymen to whom the rulings of waging war (muharabah) apply—which we will mention later—three conditions must be met. The first is that this must take place in the wilderness (al-sahra'). If they do this in villages or cities (al-amsar), Ahmad, may Allah have mercy on him, hesitated regarding them, and the apparent meaning of the speech of al-Khiraqi is that they are not considered highwaymen. This is also the opinion of Abu Hanifah, al-Thawri, and Ishaq, because the obligation is called the "Hadd of Highwaymen," and blocking the path occurs only in the wilderness. Moreover, those who are in a city are generally reached by assistance (al-ghawth), so the power of the aggressors is neutralized, and they are merely thieves (mukhtalisun), and a thief is not a highwayman, nor is there a Hadd upon him. Many of our companions said: He is a highwayman wherever he may be. This is also the opinion of al-Awza'i, al-Layth, al-Shafi'i, Abu Yusuf, and Abu Thawr, because the verse, in its generality, encompasses every person who wages war, and because when this occurs in a city, it is a source of greater fear and more harm, making it more deserving of the penalty. The Qadi mentioned that if this occurs in a city—such as if they raided a house, and the people of the house were in such a position that if they shouted, assistance would reach them—then these individuals are not highwaymen, because they are in a location where assistance typically reaches them. However, if they besieged a village or a town and conquered it, and overcame its people, or an isolated quarter, such that