Musannaf Ibn Abi Shaybah 34982 — What they said on one who wages war

Ubaydah (may Allah have mercy on him) says that Ibrahim (may Allah have mercy on him) spoke about a person who commits a crime and joins the enemy, and then those people receive safety. He (may Allah have mercy on him) said: "They are to be granted safety, unless some item in their possession is recognized; then it is to be taken from them and returned to its owners. And as for the man himself, he is to be held liable for the crime he committed before joining the enemy."