Abu Dawud

Benefits and Issues:
➊
Whenever a disbeliever affirms the Oneness of Allah (tawhid) and the Messengership (risalah), it is accepted.
And it becomes obligatory to protect his life and property.

➋
The consideration and implementation of the rulings of the Shari‘ah are based on what is apparent.
The matters of the hearts are entrusted to Allah.

➌
This action of Hazrat Usamah radi Allahu anhu was an ijtihadi (independent juristic) error.
Therefore, no blood money (diyah) was made obligatory upon him.

➍
Killing one who professes the kalimah (testification of faith) is a major sin.

➎
Bearing witness to the Oneness of Allah (tawhid) is a means of salvation with Allah.

Hadith Commentary:
Despite reciting the kalimah, it was the action of Usamah radi Allahu anhu to kill him, over which the Prophet sallallahu alayhi wa sallam was extremely grieved, and he repeatedly expressed his displeasure by repeating this statement.

A desire arose in the heart of Usamah radi Allahu anhu that, "If only I had not become Muslim before today, and this mistake had not been committed by me, and today when I would accept Islam, all my previous sins would have been forgiven."

Because Islam causes all the sins of the life of disbelief to be forgiven.

That is why declaring any reciter of the kalimah to be a disbeliever (takfir) is the worst act.

It is this which has shattered the collective strength of the Muslims.

Even more regrettable are those scholars who, over the smallest matters, keep launching the arrows of takfir.

Such scholars should also reflect on what face they will show to God after declaring those who recite the kalimah to be disbelievers.

Yes, if any reciter of the kalimah commits acts of disbelief (kufr) and does not repent, then the term "kufr" can be ascribed to those acts of disbelief in relation to him.

This falls under "kufr less than kufr" (kufr duna kufr).

In any case, it is necessary to avoid excess and negligence.

"The people of the qiblah are not declared disbelievers" (lanukaffiru ahl al-qiblah) is a unanimously agreed-upon principle of all Sunni schools.

Hadith Commentary:
1.
Sometimes a person, due to personal motives, focuses only on his own objectives and does not pay attention to the harms that necessarily result from them. On this basis, Usamah radi Allahu anhu had this wish so that he might be absolved of this grave crime and be protected from the aforementioned reproach. It was out of this fear that he had this wish, meaning he wished for such an Islam in which there would be no sin.
Hafiz Ibn Hajar rahimahullah writes:
His wish was that he would become a Muslim today so that the aforementioned grave sin would be forgiven due to embracing Islam, because sins committed before embracing Islam are forgiven. In short, his wish was for the erasure of this sin, not for disbelief.
(Fath al-Bari: 12/244)
Usamah radi Allahu anhu killed him in view of the following verse:
“When they see Our punishment, their believing will not benefit them.”
(al-Mu’min: 40:85)
The Messenger of Allah sallallahu alayhi wa sallam considered Usamah radi Allahu anhu excused for this reason and did not make blood money, etc., obligatory upon him.
Among historians, it is well known that in this expedition, Ghalib ibn Abdullah al-Laythi radi Allahu anhu was the commander, and on this very occasion, this verse was revealed:
“When you are greeted with Islam, do not say, ‘You are not a believer.’”
(al-Nisa: 4:94)
And the person whom Usamah radi Allahu anhu killed was named Mirdas ibn Nuhayk, and he was a shepherd of goats.
(Fath al-Bari: 12/242)
And Allah knows best.

Hadith Commentary:
If he had become Muslim on that very day, then his previous sins would not have remained upon him.
In another narration, it is stated: "Did you split open his heart to see (his true state)?"
The meaning is that the condition of the heart is known to Allah; when he recited the testimony of monotheism (kalimah tawhid) with his tongue, then he should have been left alone and regarded as a Muslim.
From this hadith, the status of the one who recites the kalimah tawhid can be understood.
If only those among our respected scholars and preachers, who at every turn shoot the arrows of takfir and immediately declare their opponents to be disbelievers and faithless, would reflect upon this hadith and reconsider their conduct. But alas, it is very rare for a person of insight to be born in the garden.

Hadith Commentary:
(1)
In one narration, it is mentioned that when I killed him, I felt uneasy in my heart, so I myself mentioned this matter to the Messenger of Allah sallallahu alayhi wa sallam. The Messenger of Allah sallallahu alayhi wa sallam said:
"You killed him after he had professed Lā ilāha illallāh?" I replied:
He had professed it out of fear of the weapon.
He sallallahu alayhi wa sallam said:
"Did you tear open his heart to see whether he professed it only to save himself?"
(Sahih Muslim, Al-Iman, Hadith: 277(96))
The meaning is that the state of the heart is known only to Allah ta'ala. When he had recited the testimony of monotheism (kalimat al-tawhid) with his tongue, then he should have been left alone and his testimony should have been accepted.

(2)
Usamah radi Allahu anhu killed that person considering him to be a disbeliever, and upon hearing the testimony of monotheism (kalimat al-tawhid), he thought that he was saying it only to save himself from being killed. After this incident, Usamah radi Allahu anhu would not hasten to kill anyone. This is the reason why he remained aloof during the Battle of Siffin and the Battle of Jamal.
(Fath al-Bari: 12/244)
In one narration, a similar incident occurred with another person. Some time later, the killer also died. When he was buried, the earth did not accept him. After burying him two or three times, the Companions threw him into a valley between two mountains. When the Prophet sallallahu alayhi wa sallam was informed, he said:
"The earth accepts people worse than him, but through this incident Allah ta'ala wants to show you the greatness of Lā ilāha illallāh."
(Sunan Ibn Majah, Al-Fitan, Hadith: 3930 M)

Hadith Commentary:
Vocabulary of the Hadith:

(1)
Huraqat:
According to some, it is the name of a settlement in the region of Juhaynah.
And according to others, it is a branch or clan of the tribe of Juhaynah.

(2)
Fitnah:
Trial,
Test,
The intended meaning is that there should no longer remain the power to turn someone away from the religion.

(3)
Fa-sabbahna al-Huraqat:
If it is the name of a place, it means they arrived there in the morning.
If it is a clan, it means they launched an attack early in the morning.

(4)
Dhu al-Butayn:
With a fathah on the letter "ba", it is the diminutive form of "batn" (belly),
One with a large belly,
It is said that the belly of Usamah radi Allahu anhu was prominent.

Benefits and Issues:
(1)
If, on the battlefield, a disbeliever recites the kalimah (testification of faith), he will be considered a Muslim,
Because we are bound by what is apparent,
We have no access to what is in anyone’s heart,
Therefore, it is not permissible to kill him on the pretext that he recited the kalimah only to save his life.

(2)
Usamah radi Allahu anhu killed a disbeliever despite his recitation of the kalimah,
But the Prophet sallallahu alayhi wa sallam did not prescribe retribution (qisas),
Nor did he impose a religious penalty or expiation (kaffarah),
He only expressed anger,
Because of which Usamah radi Allahu anhu felt the wish in his heart that, "If only I had become Muslim today, so that the sin of this crime would be forgiven."
This wish in the heart of Usamah radi Allahu anhu was an expression of regret and remorse,
It was not meant that he wished he had not been Muslim before today.
Usamah radi Allahu anhu was not aware of the principle that we are bound by what is apparent,
And the inner reality is entrusted to Allah,
Therefore, he understood from the outward situation that the man had recited the kalimah out of fear,
And thus considered it permissible to shed his blood,
For this reason, he was not punished.

(3)
Sa’d radi Allahu anhu and Usamah radi Allahu anhu,
During the battles between Ali radi Allahu anhu and Mu’awiyah radi Allahu anhu, kept themselves apart—they considered the mutual fighting among Muslims to be a cause of fitnah (discord),
Therefore, they were not willing to participate.