Musannaf Ibn Abi Shaybah

Hazrat Ibn Jurayj (may Allah have mercy on him) narrates that Hazrat Ata was asked about a dhimmi person who was captured in the land of the polytheists. He said: "I did not intend to help them against you... and indeed, they had set this condition upon him that he would not come to the Muslims." So he (may Allah have mercy on him) considered his killing to be disliked, except with testimony. The narrator says: At that time, some people of knowledge said to Hazrat Ata (may Allah have mercy on him): "When one of the conditions that was obligatory upon him is nullified, then indeed the treaty is nullified."