因此,需要说明的是,杀害并非战俘方面的沙里亚规定;杀害是针对特定人员的沙里亚规定,哈里发认为这些人构成危险,因此他会下令杀害他们,即使他们是战俘。至于传述中所说先知(ﷺ)在这段经文启示之后曾奴役俘虏,那是指对被俘妇女和儿童(sabaya)的奴役,而非对战俘的奴役,即在战场上与军队同行、并未参战的妇女和儿童。如果对参战男子的奴役已经成立,那么这就会出自先知(ﷺ);但尽管先知(ﷺ)在世时有许多阿拉伯人被俘,却没有证据证明这种情况发生过。至于一些历史书记载先知(ﷺ)奴役古勒什部的纳吉雅家族(Banu Najiya),包括其男子和女子,这一记载既不见于圣训典籍,甚至不见于《伊本·希沙姆传》等部分传记书籍,因此不能作为证据。即便它是可靠的,其措辞也是:"他奴役了纳吉雅家族,其男子和女子",其中提到的是男子和女子,而非"其男人和女人",因此应理解为sabaya,即儿童,无论男女,这是被允许的。据此,先知(ﷺ)并未奴役任何被俘的男子,而是奴役了sabaya,无论男女。作为证据的圣训中所确立的事实也印证了这一点。考察先知(ﷺ)的行为便会发现,他没有奴役任何作为战俘被俘的男子,无论是阿拉伯人还是其他民族的人。相反,传述中他所奴役的是俘虏(sabaya)。在白德尔之役中,敌方没有妇女,因此没有俘获任何俘虏,而只俘获了战俘,于是先知(ﷺ)对他们作出了赎金的裁决。 在侯奈恩战役中,哈瓦增人出来与安拉的使者ﷺ交战,他们的妇女也与他们一同出来。穆斯林获胜后,哈瓦增人逃走了,把妇女留在了身后,于是她们被俘为奴隶(sabaya),并与战利品一同被安置。在banu Mustaliq一役中,敌人留下了他们的妇女,于是她们被俘为奴隶(sabaya)。在海伯尔,他们遭到攻击,其堡垒被攻克。与战士们在一起的妇女被俘为奴隶(sabaya),而其余的人则像男人一样被留下。这些事件都表明,使者ﷺ曾俘获男性战士,与战士们在一起的妇女也被俘为奴隶(sabaya),孩子们亦然。至于其他未参战的男人和女人,他们既不被当作战俘,也不被俘为奴隶(sabaya)。这表明,使者ﷺ并未奴役战俘。这说明使者ﷺ对待战俘的做法是依照经文所述的经文原意。他有时释放战俘,有时则接受赎金。他既没有奴役战俘,也没有杀害他们;他只是俘获了妇女和儿童,并因某些人对穆斯林所构成的特殊危害而处死了特定的人。至于被囚者与战俘相类似的问题,当时的人们将与战士同行的妇女和儿童,视同战争术语定义中的财产,阿拉伯人与其他民族之间并无区别。战争的术语定义会将战利品和被囚者视为财产。使者ﷺ来后认可了这一定义,因此他将与战士同行的妇女和儿童,视同战利品中的财产。 所以他们被奴役,并适用战利品的裁决,而不适用战俘的裁决。战俘的裁决依然有效,即哈里发只能在释放或赎金之间选择,别无其他。这一裁决将持续到末日。若伊斯兰国与其敌人作战,俘虏则在释放与赎金之间处置;若女性随他们出征,战斗胜利后,这些女性被作为俘虏(萨巴亚)收取,她们如同战利品中的财产一般。
Accordingly it is clarified that killing is not from the Shar’a rules on prisoners of war; rather killing is a Shar’a rule on specific people from whom the Khalifah views there is danger so he commands their killing even if they are Prisoners of war. As for what is narrated about the Messenger of Allah (saw) enslaving after the revelation of this ayah, this was the enslaving of captives (sabaya) and not the prisoners of war i.e. he would enslave the women and children who were together with the army in the battlefield not fighting men. If enslaving of male fighters was established, this would happen from him (saw) but there is no evidence to prove that this occurred despite the numerous cases of captives being captured from the Arabs during his (saw) time. As for what some books of history narrated about the Messenger (saw) enslaving Banu Najiya of the Quraysh, their males and females, this is not narrated in the books of hadith nor even some books of Sirah like the Sirah of ibn Hisham so it is not used as a proof. Even if they were to be authentic, the narration states the words: “He enslaved Banu Najiyya, their males and females” so it mentioned males and females. The narration does not say their men and women so it is taken to mean the sabaya i.e. children, male and female, and this are allowed. Accordingly the Messenger (saw) did not enslave any man; rather he enslaved the sabaya, male and female. The established realities in the ahadith that are considered proofs strengthen this. The one who follows the actions of the Messenger (saw) finds that he did not enslave any man taken as a prisoner of war, nor from the Arabs or other than them. Rather what is narrated from him is that he enslaved the captives (sabaya). In the battle of Badr, there were no women with the enemy so that is why no captives were taken in it. Rather prisoners of war were taken so the Messenger (saw) ruled upon them with ransom. In the battle of Hunain, Hawazin came out to fight the Messenger (saw) and their women came out with them. When the Muslims won, the Hawazin fled and they left the women behind them so they were taken as captives (sabaya) and they were placed with the booty. In Banu Mustaliq, the enemy left behind their women so they were taken as captives (sabaya). In Khayber they were fought and their forts conquered. The women who were together with the fighters were taken as captives (sabaya) while the remaining people were left just like the men were left. These incidents all indicate that the Messenger (saw) used to capture men fighters and the women who were with the fighters were taken as captives (sabaya), as well as the children. As for other men and women who were not in the battle, they were not taken as prisoners of war or as captives (sabaya). This indicates that the Messenger (saw) did not enslave prisoners of war. This clarifies that the Messenger (saw)’s action in relation to prisoners of war occurred according to the stated text of the ayah. Verily he released them at certain times and he took ransom at other times. He did not enslave the prisonsers of war nor kill them; rather he only took captive the women and children, and killed specific persons due to their particularity in the danger they posed to Muslims. As for the question of imprisonment of captives which became similar to the prisoners of war, people at that time considered the women who went out with fighters, and children, like the consideration of properties in the technical definition of war without (any) difference in that between the Arabs and others. The war technical definition would consider booties as properties and imprisoned ones. The Messenger (saw) came and consented to that definition, so he considered women who went out together with the fighters and children like the properties of booty among booties. So they were enslaved and the ruling of booty applied over them not the rule of prisoners of war. The rule of prisoners of war remains, giving the Khalifah the choice between release or ransom and nothing else. This rule will remain until the Day of Judgement. If the Islamic State fights its enemies, the captives are considered between release and ransom; and if women go out with them to the battles, after victory in the battle the women are taken as captives (sabaya) and they are like the properties of the booties.
这一关于战俘和被俘者的规定是普遍适用于所有人的,不区分阿拉伯人与非阿拉伯人,并非专门针对阿拉伯人。这是因为经文和圣训都是普遍性的表述,没有任何证据可以将其限定于非阿拉伯人,或将阿拉伯人排除在外。因此,它保持其普遍性,同时涵盖阿拉伯人和其他民族。至于Mu’adh的圣训,即Ash-Shafi’和Al-Baihaqi所辑录的,先知(ﷺ)在乌侯德战役中说:
This rule on prisoners of war and captives is general for people without distinction between Arabs and others; it is not specific to Arabs. This is because the ayah and ahadith are general, and there is no evidence what would specify it to non-Arabs or exempt Arabs from it. So it remains in its generality conveying Arabs and others. As for the hadith of Mu’adh which which was extracted by Ash-Shafi’ and Al-Baihaqi that the Messenger (saw) said on Uhud: