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Chapter 131 of 1482 min read
سيرة علي بن أبي طالب — الجزء 131
transgressors, they all come under the same ruling as free, adult men. They are only being fought to protect against their harm, so they are to be fought when they are attacking but left alone when they are fleeing, whereas apostates and disbelievers may be killed whether they are attacking or fleeing.99 3. If the transgressors refrain from fighting - whether that involves coming back to obedience, laying down their weapons, being defeated, or becoming incapable because of injury, sickness or being captured - it is not permissible to finish off their wounded or kill the captives, whereas it is permissible to kill wounded polytheists or apostates, and to execute prisoners. Ibn Abi Shaybah narrated in his Mu~annaf from 'Ali that he said on the day of the Camel: "Do not pursue anyone who is mnning away or finish off anyone who is wounded. Whoever throws down his weapon is safe."loO According to a report narrated by 'Abdur-Razzsq, 'Ali (&) insh-ucted his caller to call out on the day of Basra: "Do not finish off anyone who is wounded, do not pursue anyone who is fleeing, do not enter any house. Whoever lays down his weapon is safe, and whoever locks his door is safe." He also did not take any of their belonging^.'^' 'Ali said on the day of the Camel: "Do not pursue anyone who is rnnning away, finish off anyone who is wounded, or kill any captive. Stay away from the women even if they impugn your honour and slander your leaders, for I remember that during the preIslamic time of ignorance, if a man hit a woman with a palm 'Ali's anitude towards the Kharijites and Shia branch or a stick, he would he shamed because of that, he and his descendants after him."'02 It was narrated that Abu Umhah alB&hili (&) said: "I was present at Siffeen, and they did not finish off anyone who was wounded, kill anyone who was fleeing, or strip anyone who had been killed of his weapons." lo3 4. The way in which captured transgressors are to be treated depends on the circumstances. If it is certain that the prisoner will not go back to fighting, then he is to be released. If there is no such certainty, then he is to be detained until the war is over, at which time he is released. It is not permissible to detain him after that, whereas it is permissible to keep the disbeliever caPtive.lo4