Ibn Al Qayyim mentions the types of Jihad there are When it comes to jihad against disbelievers and hypocrites this consists of four levels: by the heart, the tongue, by wealth, by the self.

When it comes to oppressors, innovators it’s either by hand, tongue or by praying for them Ibn Al Qayyim also says that Jihad cannot be complete without making hijrah (migration)

Translation: Jihad Against Disbelievers (Kuffar) and Hypocrites (Munafiqun) This consists of four levels:

1. By the heart.

2. By the tongue.

3. By wealth.

4. By the self.

Jihad against disbelievers is particularly through physical combat. Jihad against hypocrites is particularly by speech. Jihad Against Oppressors, Innovators (Ahl al-Bid’ah), and Evildoers Jihad against oppressors, innovators, and those who commit evil deeds has three levels: With the hand, if one is able, and if unable, then with his tongue then if unable then with his heart.

These are three clear, ranked levels of jihad.

The Prophet (peace be upon him) said: “Whoever dies without engaging in combat or intending to do so dies upon a branch of hypocrisy” (Riyad as-Salihin 1341).

Migration (Hijrah) and Its Connection to Jihad Jihad cannot be complete without migration (hijrah), and neither migration nor jihad can occur without faith (iman). Those who hope for Allah’s mercy are those who fulfill these three obligations.

Allah, the Exalted, says: “Indeed, those who have believed, and those who have emigrated and striven in the cause of Allah, it is they who hope for Allah’s mercy. And Allah is Forgiving and Merciful” (Surah al-Baqarah: 218).

The Two Types of Migration Obligatory for Every Believer Just as faith (iman) is obligatory upon everyone, there are two types of migration that are obligatory at all times: Migration to Allah involves:

• Devotion to tawhid (monotheism).
• Sincerity (ikhlas).
• Repentance (inabah).
• Reliance (tawakkul).
• Fear (khawf).
• Hope (raja).
• Love (mahabbah)
• Turning to Allah in repentance (tawbah).
• Migration to His Messenger (peace be upon him) This involves: • Following his guidance (mutaba’ah).
• Submitting to his commands.
• Believing in his teachings. Preferring his commands and teachings over the commands and teachings of others.

The Prophet (peace be upon him) said: “Whoever’s migration is to Allah and His Messenger, then his migration is to Allah and His Messenger. But whoever’s migration is for worldly gain or to marry a woman, his migration is to that for which he migrated” (Bukhari 6689).

Zaad Al Maad by Ibn Al Qayyim (3/9-11)

The Prophet ﷺ first received the command to “Read in the name of your Lord,” which marked the start of his prophethood. Initially, he was told to learn and reflect without spreading the message. Later, with the revelation “O you who are covered! Arise and warn,” he was sent as a messenger. Stages of His Mission:

• He started by warning his close family.
• Then, he warned his tribe.

• Next, he warned nearby tribes.

• Later, he addressed all Arabs.

• Finally, he was sent to all of humanity.

For about 10 years, he called people to Islam without fighting, focusing on patience, forgiveness, and teaching. Later, he was allowed to migrate to Madinah and he was allowed to fight those who attacked him but avoid those who didn’t. Eventually, he was commanded to fight until religion was for Allah alone. Kuffar were dividied into 3 categories

• Those with treaties, who were to be treated fairly unless they broke the agreement.

• Those at war, who could be fought.

• People of the Book (like Jews and Christians), who could either pay jizyah or accept Islam.

Translation: The first revelation from Allah, the Blessed and Exalted, to His Prophet (peace be upon him) was the command to “Read in the name of your Lord who created” (Surah al-‘Alaq: 1). This marked the beginning of his prophethood.

At that time, he was commanded to read privately, without being instructed to convey the message to others. Later, Allah revealed to him: “O you who are covered! Arise and warn!” (Surah al-Muddathir: 1-2).

Thus, he was made a prophet with the revelation of “Read” and was made a messenger with the revelation of “O you who are covered.” The Gradual Progression of His Mission

• 1. Warning His Close Relatives: He was initially commanded to warn his close relatives: “And warn your closest kin” (Surah al-Shu’ara: 214).
• 2. Warning His People: Following this, he extended the warning to his tribe and people.
• 3. Warning Surrounding Tribes: He then warned those neighboring his tribe from among the Arabs.
• 4. Warning All Arabs: The mission expanded to include all Arabs.
• 5. Warning All of Humanity: Finally, he was commanded to warn all of humanity: “Say, O mankind, indeed I am the Messenger of Allah to you all” (Surah al-A’raf: 158).

For approximately ten years following his prophethood, the Prophet called people to Islam without engaging in combat or collecting jizyah (tribute). During this period, he was commanded to: Exercise restraint; Be patient and pardon those who opposed him.

Later, he was permitted to Migrate: This was the Hijrah to Madinah. He was also permitted to Fight: Initially, he was allowed to fight those who fought him and to refrain from fighting those who avoided combat.

Subsequently, he was commanded to fight the polytheists until religion was exclusively for Allah: “And fight them until there is no more fitnah and religion is all for Allah” (Surah al-Anfal: 39). Categories of Non-Muslims Post-Jihad Command After the command for jihad, disbelievers were classified into three categories:

1. Those with a Treaty or Truce (Ahl al-‘Ahd wa al-Sulh): • He was instructed to honor their treaties as long as they upheld them. • If treachery was suspected, he was to dissolve the treaty and notify them, refraining from combat until they were informed.

2. Those at War (Ahl al-Harb): He was commanded to fight those who breached their treaties.

3. People of the Book (Ahl al-Kitab): With the revelation of Surah al-Tawbah (also known as Surah Bara’ah), the rulings regarding these categories were clarified.

He was instructed to fight the People of the Book until they paid the jizyah (tax) or entered into Islam and he was also commanded to fight both disbelievers and hypocrites.

Zaad Al Maad by Ibn Al Qayyim (3/143)

Shayk Ibn Uthaymeen says Jihad is required in three cases:

1. When a person is in battle, they must fight unless retreating tactically or joining another group.

2. If the enemy surrounds their town, they must fight to defend it.
3. If the leader commands them to fight, they must obey.

Translation: Jihad becomes an individual obligation (fard ‘ayn) in specific situations: When Present in Battle If someone is present in a battle, they are obligated to fight and must not flee, as Allah says: “O you who believe! When you meet those who disbelieve advancing in battle, do not turn your backs to them. And whoever turns his back to them on such a day-unless it is a tactical retreat for combat or to join another group-has certainly incurred the wrath of Allah, and his refuge is Hell, and what an evil destination” (Surah al-Anfal: 15-16).

The Prophet Muhammad (peace be upon him) also said that fleeing from battle is one of the major sins (al-mubiqat): “Avoid the seven destructive sins,” and he mentioned among them “fleeing on the day of battle” (Bukhari 2766).

However, Allah makes two exceptions: Tactical Maneuvering: Leaving the fight temporarily to regroup or ambush the enemy.

Joining Another Group: Moving to assist another group of Muslims in need, provided it does not weaken their own side. If this is not the case, leaving the battlefield is forbidden and becomes an individual obligation to stay and fight.

When the Enemy Besieges a Town: If an enemy surrounds a town or city, it becomes obligatory for the residents to fight in defense. This is similar to the obligation of fighting when present in battle because the siege prevents people from leaving or receiving provisions. Thus, the people must fight to protect their town. When Commanded by the Leader: If the imam (the leader or ruler) orders someone to fight by saying, “Go forth to battle,” it becomes obligatory.

The term “imam” refers to the highest authority in the state, even if they are not the universal caliph of all Muslims, as the general caliphate has ceased to exist for a long time.

The Prophet Muhammad (peace be upon him) said:”Listen and obey, even if a slave with a head like a raisin is appointed over you” (Bukhari 7142). Therefore, if someone becomes the leader of a region, their commands carry the same weight as those of the general caliph, and obedience to their orders is required.

Sharh Al Mumti By Shayk Ibn Uthaymeen Pg 7-9

Shayk Al Islam Ibn Taymiyyah says that Abu Hanifah held the view that disbelief on its own is not a reason to fight someone; fighting is only permissible if there is hostility or aggression.

This view was also supported by Malik and Ahmad ibn Hanbal in one of his opinions.

Translation: Abu Hanifah held the view that disbelief on its own is not a reason to fight someone; fighting is only permissible if there is hostility or aggression. Therefore, he allowed taking the jizyah from non-Arab polytheists even if they were idol worshippers, not just from the People of the Book This view was also supported by Malik and Ahmad ibn Hanbal in one of his opinions. However, killing is still permitted as a form of punishment (ta’zir) or for political reasons in certain situations.

Majmu Al Fatawa by Ibn Taymiyyah (20/101)

The majority of scholars say fighting is allowed only against those who attack Islam, not just because someone is not muslim.

Peace should be kept with those who do not fight. The goal of fighting is peace through treaties, not forcing people to become muslim.

Translation: The majority of jurists from the Maliki, Hanafi, and Hanbali schools of thought (1) have decided that the basis for fighting is hostility, warfare, and aggression-not disbelief (kufr). A person is not killed merely for opposing Islam or for their disbelief but is only fought for their aggression against Islam. Therefore, someone who is not fighting is not to be killed, and peace must be maintained with them.

This is supported by the texts of the Qur’an, the Sunnah, and logical reasoning. For example, the verse: “And fight those who do not believe in Allah or in the Last Day… until they give the jizyah willingly while they are humbled.” (Surah At-Tawbah 9:29).

This shows that the primary goal of fighting is to reach a treaty, which in the past was established through the system of dhimmah (protected disbelievers).

If the purpose of fighting was their disbelief alone, and if disbelief were the reason for fighting, then the goal of the fighting would have been their conversion to Islam.

(1) Fath al-Qadir (4/219) & Manh al-Nafar (Commentary on Tanwir al-Abşār): Volume 2, section 1, from the Chapter on Jihad & Al-Mudawwanah: Volume 3, section 6 and what follows & Bidayat al-Mujtahid (1/371) & Risalat al-Qitāl li-Ibn Taymiyyah Pg 166 onwards

Athar al-Harb fi al-Fiqh al-Islami Dirasah Muqaranah by Wahbah Ibn Mustafa Pg 106

Al Qurtubi explains the hadith in Sahih Muslim 1731 where the prophet ﷺ says whenever he appointed anyone to be the leader of an army he would tell them to fight in the way of allah ﷻ and fight those who do not believe. He explains that this doesn’t mean that every kaffir should be wiped out including those who a treaty has been made with, women, monks, children etc…

Translation: Then The Prophet said: “Fight in the name of Allah, in the path of Allah. Fight those who disbelieve in Allah. Attack but do not steal from the spoils, do not betray, do not mutilate (the bodies of the dead), and do not kill a child. If you meet your enemy among the polytheists, invite them to one of three options.” (Sahih Muslim 1731a,b).

The statement “Fight those who disbelieve in Allah” is general and includes all disbelievers, whether they are fighters or not. However, this has been made specific by exemptions for those with a treaty, monks, women, and those who have not yet reached puberty.

The Prophet (peace and blessings be upon him) also said in connection with this: “Do not kill a child.” The prohibition on killing monks and women is because they usually do not participate in fighting. However, if they engage in fighting, planning, or causing harm, they may be killed. As for children and offspring, they are considered property, and the Prophet (peace and blessings be upon him) forbade wasting property.

Footenote: It is stated in Fath al-Bari by Ibn Hajar(6/148) as follows: “There is a consensus, as reported by Ibn Battal and others, on the prohibition of deliberately killing women and children. This is because women are weak, and children are incapable of committing disbelief (kufr). Additionally, preserving them offers benefits, either through enslavement or ransom in cases where it is permissible to exchange prisoners, and this is more appropriate.

Al-Mufhim Limaa Ashkala min Talkhees Kitaab Muslim by Al Qurtubi (3/512)

Ibn Al Qayyim refutes the claim that pagan women must be killed after being taken captive, and says this is contrary to the sunnah and contrary to to the way of the sahabah

Translation: If you say: “The eye of the Kitabi (person of the Book) cannot be enslaved”-as is one of the two narrations from Imam Ahmad -you would be refuted by the Sunnah and the consensus of the Companions.

For the Prophet (peace be upon him) used to enslave the captives of idol worshipers, and their masters were permitted to have intimate relations with them after their waiting period ended.

This is like the hadith of Abu Sa’id al-Khudri about the captives of Awtaas, which was during the last battles of the Arabs after the conquest of Mecca. He said: Abu Bakr al-Siddiq handed over to Salamah ibn al-Akwa (d. 74AH) a woman from the captives, granting her to him.

She was one of the idol worshipers. Umar ibn al-Khattab and his son also took women from the captives of Hawazin, as did other Companions. And this woman, al-Hanafiyyah, the mother of Muhammad ibn Ali (Muhammad ibn al-Hanafiyyah), was from the captives of Banu Hanifah!

And in the hadith: “Whoever says such-and-such, it is as if he has freed four slaves from the children of Isma’il.” They were not people of the Book; rather, most of them were idol worshipers.

Ahkam Ahl adh-Dhimah by Ibn Qayyim al-Jawziyyah Pg 106 & 108

Shayk Al Islam Ibn Taymiyyah says that rebels who fight and refuse reconciliation should be fought. If they start fighting first, it is agreed upon that they can be fought, just like highway robbers who attack people.

Non-violent rebels are not to be fought there is no command from Allah to fight them. Fighting is only allowed against disbelievers or rebels if they actively wage war.

Translation: And the rebels, who are commanded to be fought, are those who rebel after fighting and refuse to engage in the commanded reconciliation, thus becoming combatant rebels. If the rebels initiate fighting, it is permissible to fight them by consensus, just as it is permissible to fight the highway robbers if they fight, by the agreement of the people.

But as for the rebel who does not engage in fighting, there is no text stating that Allah commanded to fight him.

Rather, disbelievers are only fought under the condition of warfare (hirab), as the majority of scholars have held, and as the Qur’an and Sunnah indicate, as is elaborated in its appropriate place. Abu Bakr al-Siddiq fought the apostates, who had turned away from what they adhered to during the time of the Messenger of Allah, from his religion.

They were of various types: among them were those who believed in a false prophet, those who denied some of the obligations of Islam that they had accepted during the time of the Messenger, and those who abandoned Islam entirely.

Kitab Al Nubuwwat By Ibn Taymiyyah Pg 570

Refuting the claim that the prophet ﷺ instigated the Battle of Badr

Saifur Rahman Al Mubarakpuri says in Madinah, the Muslims were building their community, but far away in Makkah, the Quraysh remained a serious threat.

For ten years, the Quraysh had mistreated the Muslims with violence, boycotts, and harsh attacks. They had taken the Muslims’ land, wealth, and belongings after they emigrated to Madinah, detained their wives, and tortured those of lower status.

They even plotted to kill the Prophet (ﷺ). As leaders of the Arabs and caretakers of the Ka’bah, the Quraysh used their influence to turn other tribes against the Muslims and isolate Madinah socially and economically.

Al-Ghazali explained, the Quraysh had already created a state of war with the Muslims, so it was unfair to blame the Muslims for responding to this aggression. In Madinah, the Muslims had every right to defend themselves, punish the oppressors, and recover what was taken from them. This served as a warning to stop any further harm to the ummah.

The Quraysh, who were against Islam, wrote letters to ’Abdullah ibn Ubayy and idol worshipers from the Aws and Khazraj tribes in Medina. This happened before the Battle of Badr when the Prophet  was in Medina.

They told them to fight or expel the Prophet, or else the Quraysh would come with an army to kill their men and take their women. Hearing this, ’Abdullah ibn Ubayy and the idol worshipers prepared to fight the Prophet (ﷺ).  When the Prophet found out, he visited them and reminded them of the harm they would bring upon themselves by fighting their own people.

They listened to him and gave up the plan. After the Battle of Badr, the Quraysh sent another letter, this time to the Jews, asking them to fight the Prophet (ﷺ), or else they would face a severe attack. This led to Banu an-Nadir, a Jewish tribe, breaking their peace treaty with the Prophet. They invited the Prophet (ﷺ) to meet them, pretending to discuss peace, but the Prophet discovered their plan. The next day, the Prophet took an army to surround Banu an-Nadir.

They refused to agree to peace, so he fought them. Eventually, they surrendered and were expelled from Medina. They were allowed to take their belongings, but palm trees were kept for the Muslims.  The Prophet gave most of this land and wealth to the Muhajireen (those who came to Medina from Makkah) and a small portion to two needy helpers (Ansar). The rest was kept as charity for the Prophet’s family, particularly the descendants of Fatimah (رضي الله عنها).

https://sunnah.com/abudawud:3004

Sad bin Muadh was close friends with Umaiya bin Khalaf. Whenever Umaiya visited Medina, he stayed with Sad, and when Sad went to Mecca, he stayed with Umaiya. After the Prophet (ﷺ) moved to Medina, Sad visited Mecca to perform Umrah and stayed at Umaiya’s house. He asked Umaiya to take him to the Kaba when it was quiet, so they went around midday. While they were there, Abu Jahl saw them and questioned Umaiya about Sad.

Abu Jahl then accused Sad of helping Muslims and warned him that he wouldn’t leave Mecca safely if he weren’t with Umaiya. Sad fearlessly replied that if they stopped him, he would block their trade route through Medina. Umaiya tried to calm the situation, but Sad mentioned that the Prophet said Umaiya would be killed by Muslims.

This scared Umaiya, and he told his wife that he would never leave Mecca. However, when the Quraysh prepared for the Battle of Badr, Abu Jahl pressured Umaiya to join them. Umaiya reluctantly agreed and told his wife to prepare his things, but he said he would only go a short distance. Despite his caution, Umaiya was killed at Badr, fulfilling the Prophet’s prophecy.

https://sunnah.com/bukhari:3950

The Quraysh kept provoking the Muslims and even sent them a message threatening to kill them in their own land. These threats were not empty words, as the Prophet (ﷺ) received trustworthy reports confirming that they were planning real attacks. To stay safe, precautionary steps were taken. Guards were stationed around the Prophet’s house and at important locations to keep watch and protect everyone.

https://sunnah.com/muslim:2410b

The pact of umar, found in the tafaseer of 9:29 is weak because of Yahya bin Uqbah

Translation: Shayk Albani says he did not see it transmitted through the route of Ismail ibn Ayyash. Instead, it was narrated by al-Bayhaqi (9/202) through the route of Yahya ibn Uqbah ibn Abi al-Bazzar (A WEAK NARRATOR), from Sufyan al-Thawri, al-Walid ibn Nuh, and al-Sari ibn Musarif, who narrate from Talhah ibn Musarif, from Masruq, from Abdurrahman ibn Ghanm, who said: I recorded for Umar ibn al-Khattab the terms of the treaty of peace he conducted with the Christians of Ash-Sham: ‘In the Name of Allah, Most Gracious, Most Merciful.

This is a document to the servant of Allah ‘Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion.

We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims.

We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors of our houses of worship for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days.

We will not allow a spy against Muslims into our churches and homes or hide deceit or betrayal against Muslims. We will not teach our children the Qur’an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them.

We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor.

We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets.

We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices with prayer at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets.

We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.’ When I gave this document to Umar, he added to it, We will not beat any Muslim.

These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.””

Albani said:Its chain of narration is very weak due to Yahya ibn Uqbah. Ibn Ma’in said about him: “He is nothing.” In another statement, he said: “A liar, an evil person, an enemy of Allah.” Al-Bukhari said: “His narrations are munkar (rejected).” Abu Hatim said: “He fabricates hadiths.”

Irwa Al Ghalil by Albani (5/103-104)

Hugh Kennedy mentions that the Arabs, though joined by some immigrants, remained a very small minority in the newly conquered lands, making up no more than 10% of the population in the first generation. The terrain, with its many irrigation ditches and canals, made control difficult, but resistance from the local population was minimal.

The main opposition came from the Persian royal army, which suffered repeated defeats in major battles like Qadisiyya and Jalula and in cities such as Ctesiphon and Tustar. After the Persian army’s collapse, the Arabs treated the local people relatively leniently. They didn’t kill civilians, seize their houses or lands, interfere with their religions or customs, or even live among them. Instead, they simply required taxes to be paid and demanded that the locals not help their enemies.

While it is unclear if these taxes were higher or lower than before, most Iraqis seemed to find the arrangement preferable to the previous system.

Thomas Walker Arnold a british orientalist and historian says The victorious Muslims of the first century of the Hijrah, and later generations, extended tolerance towards Christian Arab tribes. This suggests that those Christian tribes who converted to Islam did so willingly and without coercion.

Furthermore, the presence of Christian Arabs today, living peacefully among predominantly Muslim populations, serves as a continuing testament to this tradition of tolerance.

Ibn Qudamah says it is forbidden to kill women, children, elderly, the sick and the elderly in war

Translation: Imām ibn Qudāmah al-Maqdisī al-hanbalī (d. 620 AH) says: As for those who are prohibited from being killed, other than women and children, such as the elderly, the sick, the blind, and the monk, it is not permissible to capture them as spoils of war. This is because killing them is forbidden and there is no benefit in possessing them. (l.e there is no pushing away dangers of war, said by al-kasani)

Al Mughni By Ibn Qudamah (13/49)

Imam At Tabari mentions that Umar ibn Abd al-Aziz (d. 101 AH) interpreted the verse “Fight in the way of Allah those who fight you, but do not transgress” (Surah al-Baqarah 2:190) to mean that Muslims should not fight people who do not fight them. Specifically, this includes women, children, and monks.

The Imam agrees with this interpretation, rejecting the idea that this verse was abrogated. He argues that claiming a verse is canceled without strong evidence is baseless and unreasonable.

This shows that the principle of not harming non-combatants in war remains valid.

Translation: Ibn al-Barqi narrated to me, saying: Amr ibn Abi Salamah narrated to us, from Sa’id ibn Abd al-Aziz, who said: Umar ibn Abd al-Aziz (d. 101 AH) wrote to Adi ibn Arta’ah: “Indeed, I have found a verse in the Book of Allah: “And fight in the way of Allah those who fight you, but do not transgress. Indeed, Allah does not like transgressors.’ (Surah al-Baqarah 2:190) That is, do not fight those who do not fight you.” He meant women, children, and monks.

The more correct of the two opinions on this matter is the one expressed by Umar ibn Abd al-Aziz. This is because claiming the abrogation (naskh) of a verse that could potentially remain un-abrogated, without clear evidence proving the validity of the claim, is a baseless assertion.

And baseless assertions can be made by anyone without difficulty.

Tafsir At Tabari 2:190

Imam Ibn Qudamah رحمه الله says that: A sick enemy who might recover and fight again can be killed, like finishing off a wounded combatant. But if they are terminally ill or permanently disabled, they should not be killed, as they pose no threat and farmers who do not fight should not be killed. Umar ibn al-Khattab instructed Muslims to spare farmers because they do not participate in warfare. Scholars like Imam al-Awza’i رحمه الله agree, but Imam Ash- Shafi’i رحمه الله says they can be killed unless they pay the jizyah. Ibn Qudamah supports the view of sparing farmers, as the Prophet’s companions also did not kill them when conquering lands, and they are like elderly people or monks who do not pose a threat.

Translation: As for the sick person, he is to be killed if he is among those who, if healthy, would fight. This is because he is like a wounded combatant being finished off.

However, if there is no hope of him recovering, then he is like a permanently disabled person and should not be killed, as there is no fear of him returning to a state where he could fight. As for the farmer who does not fight, he should not be killed.

This is based on a report from Umar ibn al-Khattab, who said: “Fear Allah regarding the farmers who do not wage war against you.” Al-Awza’i (d. 157 AH) said: “The farmer is not to be killed if it is known that he is not among the fighters.”

Al-Shafi’i (d. 204 AH) said: “He is to be killed unless he pays the jizyah, as he is included in the general category of polytheists.” Our (Hanbali) view is based on Umar’s statement and the fact that the companions of the Messenger of Allah did not kill them when they conquered lands.

Furthermore, they do not fight, so they are similar to elderly people and monks.

Al Mughni By Ibn Qudamah (13/180)

during the time of “Dar-al-Harb” it would still not be permissible for an Islamic nation to go and kill some random Non-Muslim who is not a dhimmi just because there’s no treaty. This is what Ibn Taymiyyah says: “Killing the kuffar who do not harm the Muslims is corruption which Allah and His Messenger dislike”