What they said on one who wages war, or another, who is granted safety: is he held to account for what he did during his war?

Al-Hakam (may Allah have mercy on him) says that the scholars used to say: "When a combatant is granted safety, he is not to be held liable for anything he did during the state of war, unless it is something he did before that."

Hisham (may Allah have mercy on him) says that his father, Urwah (may Allah have mercy on him), spoke about a person who incurs the prescribed punishments (hudud) and then comes in repentance. He (may Allah have mercy on him) said: "The prescribed punishments are to be carried out on him."

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."

Hammad (may Allah have mercy on him) says that Ibrahim (may Allah have mercy on him) was asked about a person who incurs a prescribed punishment, then fights and runs away, then seeks safety and is granted it. He (may Allah have mercy on him) said: "The prescribed punishment is to be carried out on him because of what he did."

Hammad (may Allah have mercy on him) says that Ibrahim (may Allah have mercy on him) said concerning a person who commits highway robbery and raids, then comes back in repentance: "The prescribed punishment is to be carried out on him, and his repentance is between him and his Lord."

Qays bin Sa'd (may Allah have mercy on him) says that Ata (may Allah have mercy on him) used to say: "If a man from the Muslims kills a man, then takes up disbelief, joins the polytheists and lives among them, then comes back in repentance, his repentance from polytheism will be accepted, and the prescribed punishment of retaliation (qisas) will be carried out on him. And if someone joins the polytheists without having killed anyone, only taking up disbelief, then fights the Muslims and even martyrs some Muslims, then comes back in repentance, his repentance will be accepted, and nothing will be due from him."