Humu allatheena kafaroo wasaddookum AAani almasjidi alharami walhadya maAAkoofan an yablugha mahillahu (surah Al Fath: 25)

Tafseer Tafheem-ul-Quran by Syed Abu-al-A'la Maududi

(48:25) They are the ones who disbelieved and barred you from the Inviolable Mosque and prevented the animals you had designated for sacrifice from reaching the place of their offering. *43 If it had not been for the believing men and believing women (who lived in Makkah and) whom you did not know, and had there not been the fear that you might trample on them and unwittingly incur blame on their account, (then fighting would not have been put to a stop. It was stopped so that) Allah may admit to His Mercy whomsoever He pleases. Had those believers been separated from the rest, We would certainly have inflicted a grievous chastise-ment on those of them [i.e. the Makkans) who disbelieved. *44

Humul lazeena kafaroo wa saddookum `anil-Masjidil-Haraami walhadya ma`koofan any yablugha mahillah; wa law laa rijaalum mu`minoona wa nisaaa`um mu`minaatul lam ta`lamoohum an tata`oohum fatuseebakum minhum ma`arratum bighairi `ilmin liyud khilal laahu fee rahmatihee many yashaaa`; law tazayyaloo la`azzabnal lazeena kafaroo minhum `azaaban aleema

*43) That is, "Allah was seeing the sincerity and the selfless devotion with which you had become ready to lay down your lives in the cause of the true Faith and were obeying the Prophet without any question. Allah was also seeing that the disbelievers were being unfair and high-handed. The demand of this situation was that they should have been punished there and then through you, but in spite of that. AIIah restrained your hands from them and their hands from you."
*44) This was the reason why Allah did not allow fighting to take place at Hudaibiyah. This has two aspects: (I) That at that time there were quite a number of the Muslim men and women living in Makkah, who were either hiding their faith, or were being persecuted because of their faith as they had no means to emigrate. Had there been fighting and the Muslims had pushed back the disbelievers and entered Makkah, these Muslims also would have been killed in ignorance along with the disbelievers. This would not only have grieved the Muslims but the Arab polytheists also would have got an opportunity to say that the Muslims did not even spare their own brethren in faith during wartime. Therefore, Allah took pity on the helpless Muslims and averted the war in order to save the Companions from grief and infamy. The other aspect of the expedience was that Allah did not will that Makkah should fall to the Muslims as a result of the defeat of the Quraish after a bloody clash but He willed that they should be encircled from all sides so that within two years or so they should become absolutely helpless and subdued without offering any resistance, and then the whole tribe should accept Islam and enter Allah's mercy as it actually happened on the Conquest of Makkah. Here the juristic dispute has arisen that if during a war between the Muslims and the disbelievers, the disbelievers should bring out some Muslim men and women, children and old men, in their possession and put them in the forefront as a shield for themselves, or if there is some Muslim population also in the non-Muslim city under attack by the Muslim forces, or if in a warship of the disbelievers, which is within our gun-fire, the disbelievers have taken some Muslims also on board, can the Muslim army open fire on it? In answer to it the nulings given by different jurists are as follows: Imam Malik says that in such a case fire should not be opened, and for this he cites this very verse as an argument. He contends that Allah prevented the war at Hudaibiyah only in order to save the Muslims. (Ibn al-`Arabi, Ahkam al Qur'an). But this in fact is a weak argument. There is no word in the verse which may support the view that launching an attack on the enemy in this case is unlawful and forbidden. At the most what one can say on the basis of this verse is that the launching of an sttack in such a case should be avoided in order to save the Muslims, provided that it does not put the disbelievers in an advantageous position against the Muslims militarily, or does not diminish the Muslims' chances of gaining an upper hand in the conflict. Imam Abu Hanifah, Imam Abu Yusuf, Imam Zufar and Imam Muhammad saythat it is lawful to open fire in such a case; so much so that even if the disbelievers use the children of the Muslims as a shield by putting them in the forefront, there is no harm in shooting at them, and it is not obligatory for the Muslims to expiate and pay any blood-money for the Muslims thus killed, (AIJassas, Ahkam al-Qur'an; Imam Muhammad, :Kitab as-Siyar). Imam Sufyan Thauri also in this case regards opening of the fire as lawful, but he says that although the Muslims will not pay the blood-money of the Muslims thus killed, it is obligatory for them to expiate the sin. (AI-Jassas, Ahkam al-Qur an). Imam Auza`i and Laith bin Sa`d say that if the disbelievers use the Muslims as a shield, fire should not be opened on them. Likewise, if it is known that in their warship ow own prisoners also are on board, it should not be sunk. But if we attack a city of theirs and we know that there are Muslims also in the city, it is lawful to open fire on the city, for it is not certain that our shells will only hit the Muslims, and if a Muslim becomes a victim of this shelling, it will not be wilful murder of a Muslim but an inadvertant accident. (Al-Jassas, Ahkam alQur an). Imam Shafe`i holds the view that in such a case if it is not inevitable to open fire it is better to try to save the Muslims from destruction; although it is not unlawful to open fire in this case, it is undesirable. But if it is really necessary and it is feared that in case fire is not opened it will put the disbelievers in a better position militarily against the Muslims, it is lawful to resort to shelling, but even then every effort should be made to save the Muslims as far as possible. Furthermore, Imam Shafe'i also says that if during a conflict the disbelievers put a Muslim in front as a shield and a Muslim kills him, there can be two possible alternatives: either the killer knew that the murdered person was a Muslim, or he did not know that he was a Muslim. In the first case, he will be under obligation to pay compensation for manslaughter as well as do expiation; in the second case he will only do expiation. (Mughni al-Muhtaj).