Musannaf Ibn Abi Shaybah 35638 — Safe conduct: what is it and how

It is narrated from Sayyiduna Anas (may Allah be pleased with him) that when we besieged Tustar, al-Hurmuzan came down at the order of Sayyiduna Umar (may Allah be pleased with him) and gave himself up. Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him) sent him with me. When we came to Sayyiduna Umar (may Allah be pleased with him), al-Hurmuzan fell silent and said nothing. Sayyiduna Umar (may Allah be pleased with him) said: Speak. He said: The speech of the living or the speech of the dead? Sayyiduna Umar (may Allah be pleased with him) said: Speak, there is no harm. Al-Hurmuzan said: O people of the Arabs, as long as Allah left us and you to one another, we used to kill you and drive you away. But now that Allah is with you, we have no power to fight you. Sayyiduna Umar (may Allah be pleased with him) said: O Anas (may Allah be pleased with him), what is your opinion? Sayyiduna Anas (may Allah be pleased with him) said: I said: O Commander of the Faithful (may Allah be pleased with him), I have left behind me great might and a large number. If you kill him, the people will despair of life, and that will make their might all the fiercer; and if you keep him alive, the people will have hope. Sayyiduna Umar (may Allah be pleased with him) said: O Anas (may Allah be pleased with him)! Shall I spare the killer of Sayyiduna al-Bara bin Malik (may Allah be pleased with him) and Mijza'ah bin Thawr? Sayyiduna Anas (may Allah be pleased with him) said: When I feared that Sayyiduna Umar (may Allah be pleased with him) would kill him, I said to him: You have no lawful way to kill him. Sayyiduna Umar (may Allah be pleased with him) said: Why? Has he given you something? Have you taken something from him? I said: I have taken nothing, but you yourself said to him: Speak, there is no harm for you. Sayyiduna Umar (may Allah be pleased with him) said: You must bring someone to testify with you, otherwise you will be punished. Sayyiduna Anas (may Allah be pleased with him) said: When I left him, I suddenly met Sayyiduna al-Zubayr bin al-Awwam (may Allah be pleased with him), who had remembered just what I had remembered. He testified before Sayyiduna Umar (may Allah be pleased with him), and he (may Allah be pleased with him) let him go. Al-Hurmuzan became a Muslim, and a stipend was fixed for him.