Hafiz Muhammad Ameen
(1) It has been argued from this hadith that legal punishments (hudud) can be carried out in the House of Allah (Bayt Allah), but this inference is questionable because the Messenger of Allah (sallallahu alayhi wa sallam) forbade the carrying out of legal punishments in mosques. (Sunan Abi Dawud, Hadith: 4490) When it is prohibited to carry out legal punishments in ordinary mosques, then it is even more so in the House of Allah. However, if a criminal hides there, he can be removed from there and the legal punishment can be carried out upon him. As for the killing of Ibn Khatal, its permissibility is restricted to that specific time, because the Messenger of Allah (sallallahu alayhi wa sallam) said: “The House of Allah was made lawful for me for a limited time.” However, within the boundaries of the Haram, the legal punishment can be established according to the Shariah.
(2) Pure monotheism (tawhid), supplication in the court of Allah, and humility and neediness cause worldly calamities to be averted, and a person is saved from difficulties in safety.
(3) The Messenger of Allah (sallallahu alayhi wa sallam) possessed the most exalted character. “And indeed, you are of a great moral character.” (al-Qalam: 68:4) In noble character, he attained the highest degree of perfection. Forgiving, overlooking faults, and making others happy with his perfect compassion and mercy—these are such magnificent and excellent virtues and qualities of his that even the greatest enemy is compelled to acknowledge them. The admission of Ikrimah (radi Allahu anhu), the son of the accursed Abu Jahl and a noble Companion of the Messenger (sallallahu alayhi wa sallam), is clear evidence of this.
(4) When Allah the Exalted intends good for someone, that good and blessing will certainly reach him. In comparison to the will of Allah (azza wa jall), no one’s will, desire, or wish can be fulfilled nor can it become an obstacle.
(5) Due to strong circumstantial evidence, the permissibility of any action can be established, as the Messenger of Allah’s (sallallahu alayhi wa sallam) not accepting the pledge of allegiance (bay‘ah) was a strong indication that he could be killed. If someone, understanding this indication, had killed Abdullah bin Sa‘d, it would have been permissible.
(6) The noble Companions (radi Allahu anhum) were extremely respectful towards the Messenger (sallallahu alayhi wa sallam), such that, due to not having a clear command from him, they did not even kill a great criminal.
(7) The Prophets and Messengers (alayhim as-salam) possess the highest and most exalted status, unlike kings, rulers, ministers, and the general public, in that they never deal with people through secret means, gestures, or hidden methods.
(8) Making secret gestures with the eyes or otherwise has been declared an act of betrayal; therefore, it is not permissible for any religious and good person, because it is a great flaw.
(9) “Four men, two women”—in other narrations, mention is made of other men and women as well, for example: Wahshi bin Harb and Mufsid, etc. However, no other man or woman was killed. Even among these four men and two women, some were pardoned.
(10) Of these four men, three—Abdullah bin Khatal, Muqays bin Subabah, and Abdullah bin Abi Sarh—had become apostates after accepting Islam. Abdullah bin Abi Sarh became Muslim again and, due to the intercession of Uthman (radi Allahu anhu), was pardoned. Abdullah bin Khatal and Muqays bin Subabah were both proven guilty of murder. Each had killed a Muslim, fled to Makkah, and became apostates; thus, they were killed for the crimes of murder and apostasy. Because of the murder, they could not be pardoned. As for Ikrimah bin Abi Jahl, he had committed no such crime; rather, he was deemed deserving of death for being the son of Allah’s enemy Abu Jahl and the chief of the disbelievers of Quraysh. But his wife, Umm Hakim bint Harith (radi Allahu anha), obtained protection for him, brought him back from Yemen, and he became Muslim—becoming an excellent Muslim—so much so that he was martyred fighting in the path of Allah. Radi Allahu anhu wa ardah.
(11) The two women were slave girls of Abdullah bin Khatal, whom he had appointed, after his apostasy, to satirize and insult the Messenger of Allah (sallallahu alayhi wa sallam). Insulting the Messenger of Allah (sallallahu alayhi wa sallam) also makes one deserving of the death penalty. However, one slave girl was pardoned because she became Muslim, and the other was killed.
(12) In addition to these men and women, Huwayrith bin Nuqayd was also killed for satirizing and insulting the Messenger of Allah (sallallahu alayhi wa sallam). All the rest of the people of Makkah were pardoned.
(13) “His eye would be treacherous”—You (the Prophet, sallallahu alayhi wa sallam) were not issuing the order to kill because of Uthman (radi Allahu anhu), but if someone had killed him, you would not have stopped him, because the command for his killing had already been issued. If someone had understood this, he would have killed him. Your not accepting the pledge of allegiance was also an indication that the command for killing remained. You could not have indicated killing with your eyes, because what you did not say with your tongue, to say it with your eyes could fall under the category of betrayal. To issue a secret order to kill, hiding it from Uthman (radi Allahu anhu), was not befitting the status of a Prophet. No one acted on his own, so in the end, you accepted the pledge of allegiance—sallallahu alayhi wa sallam.
(14) It is established that if an apostate repents and announces acceptance of Islam, the pardon for his punishment is at the discretion of the ruler of the time.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4072