Sunan Abi Dawud 2683
Jihad (Kitab Al-Jihad)
Killing A Captive Without Inviting Him To Islam
Narrated Sa'd: On the day when Mecca was conquered, the Messenger of Allah (ﷺ) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them. He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (ﷺ) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (ﷺ). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet (ﷺ) to have a treacherous eye. Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.