What is the ruling on an enemy soldier uttering the Two Testimonies (Shahadatayn) after being overpowered in the battlefield, and does it safeguard his life? And how do we reconcile between the Hadith of Usamah and Miqdad, and the Hadith: "Whoever is killed defending his property is a martyr, and whoever is killed defending his religion is a martyr, and whoever is killed defending his life is a martyr, and whoever is killed defending his family is a martyr," knowing that the assailant had struck Miqdad and cut off his hand? And does the ruling differ between apostates who are combatants and original disbelievers who are combatants? And who are those whose lives are safeguarded merely by their uttering the Two Testimonies? And what is the scholarly basis for the People of the Dhimma and the People of the Covenant who are combatants, in cases of gaining power over them during war and captivity?
There is no contradiction between the Hadith of Usama and Miqdad and the Hadith of Talha. The former two refer to the belligerent disbeliever who utters the Two Testimonies, thereby having his blood protected. As for the Hadith of Talha, it refers to the assailant who attacks lives, property, or honor. It is permissible to repel him, and it is permissible to kill him if he cannot be repelled otherwise. The mere utterance of the Shahada by a polytheist protects his blood, even if he had previously killed Muslims, for Islam nullifies what came before it. "There is no god but Allah" is not merely a word; rather, it has requirements and actions associated with it. The accountability of its utterer is with Allah, and its utterer must be tested after refraining from killing him to ensure his commitment to Islam. Disbelievers are of four types: Dhimmis, those with whom treaties are made, those granted protection, and belligerents. The blood of all of them is protected by uttering the Two Testimonies, except for an apostate whose apostasy is aggravated, such as a Zindiq or one who reviles the Prophet (peace be upon him), for he is killed as a legal punishment, not due to disbelief. Islam has also dealt severely with belligerent apostates, as happened with the ‘Uraniyyin.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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