Sayyiduna Isam al-Muzani (may Allah be pleased with him), who had the honour of being a Companion, narrates: Whenever the Prophet (peace and blessings be upon him) dispatched an army or a military expedition, he would say to them: "When you see a mosque or hear a mu'adhdhin, do not kill anyone there." The Prophet (peace and blessings be upon him) sent us on a military expedition and gave us this same command. We set out, and while we were travelling through the land of Tihamah, we came upon a man who was driving along (the mounts of) some women. We offered him Islam and asked him: "Are you a Muslim?" He asked: "What is Islam?" We told him, and it turned out that he did not know of it. He asked: "If I do not do so, what will you do?" We said: "We will kill you." He said: "Will you give me enough time to go to those women?" We replied: "Very well," because we could still catch up with him. He went out, and there was a woman in a howdah. He said: "O Hubaysh, accept Islam before life comes to an end." The woman replied: "I accept Islam ten times, and nine more in succession." Then that man said: "Do you remember when I sought you and found you at Haliyyah, or reached you at al-Khawaniq? Is it not right that a lover should be granted this, who travels through most of the night and through the heat of the forenoon? So there is no sin on me if I said: when we are together, may she come to me with a love that comes before any hardship; may she come to me with a union before separation, and before the commander takes the departing beloved far away." Then he came to us and said: "Do what you have to do." We brought him forward and struck off his neck. Then the other woman came down from her howdah, fell over him weeping, and died. (Allamah al-Haythami says:) I say: Imam Abu Dawud recorded only these words from this narration: "When you see a mosque or hear a mu'adhdhin, do not kill anyone there."
Imam al-Tabarani and Imam al-Bazzar recorded this narration. Imam al-Tirmidhi declared it hasan (good), and the chains of these two are better than his chain. The hadith of Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) will come later in the chapter on military expeditions, if Allah wills.
Hadith Referenceمجمع الزوائد ومنبع الفوائد / كتاب الجهاد / 9659
Hadith Gradingمحدثین:إسنادہ حسن
Hadith Takhrij«اخرجه البزار فى المسند (1731) اخرجه الطبراني فى المعجم الكبير (177/17) اخرجه أحمد فى المسند (448/3) ، أخرجه سنن الترمذي برقم: 1549، وأخرجه سنن أبي داود برقم: 2635، وأخرجه مسند أحمد برقم: 15287، وأخرجه السنن الكبرى للنسائي برقم: 8884، 8891، وأخرجه شرح السنة برقم: 2703، وأخرجه إتحاف الخيرة المهرة بزوائد المسانيد العشرة برقم: 4640/1»