The messenger of Allah said: Ibn Umar said: “I saw the body of a slain woman during one of the battles of the Prophet (may the peace and blessings of Allah be upon him), so he forbade the killing of women and children.” [Sahîh al-Bûkhârî and Sahîh Muslim] Abû Dâwûd relates from Rabâh b. Rabî` with an authentic chain of narrators that he said: “We were with Allah’s Messenger (peace be upon him) during a battle and we saw people gathered together. He dispatched a man to find out why they were gathered. The man returned and said: ‘They are gathered around a slain woman.’ So Allah’s Messenger (peace be upon him) said: ‘She should not have been attacked!’ Khâlid b. al-Walîd was leading the forces, so he dispatched a man to him saying: ‘Tell Khâlid not to kill women or laborers’.” In another narration from Ibn Mâjah, it is related that Allah’s Messenger (may the peace and blessings of Allah be upon him) said: “Tell him not kill children or laborers.” Abû Dâwûd relates from Anas b. Mâlik that Allah’s Messenger (peace be upon him) would say the following words to his troops before sending them to war: “Go forward in the name of Allah. Do not kill an elderly person, nor a small child, nor a woman, and do not exceed the bounds.” In the Muwatta’, it is related from Yahyâ b. Sa`îd that Abû Bakr sent an army to Syria and went out to give them words of encouragement. He walked alongside Yazîd b. Abî Sufyân, then said: “You are going to find a group of people who have devoted themselves to the worship of Allah (i.e. monks), so leave them to what they are doing.” Ibnul Qayim said: "Killing is only obligatory when facing warfare and armed combat not when facing kufr. For this reason, neither women are to be killed nor children, or the elderly, nor the blind nor those worshippers who do not fight, rather we fight against those who fight us. This was the way of the Messenger of Allaah in dealing with the people of the earth, he used to fight those who fought against him until they either entered into the deen, make an agreement or treaty with him or came under his authority via paying the jizya. This is what he used to instruct his armies if they fought against their enemies, as has preceded from the Hadeeth of Buraydah". ("Ahkaam Al Udh-Dhimmah", Vol 1, Page 17). Ibn Habeeb said: "It was not prohibited to kill religious people due to their preocupation with their worship, as the are the most distant from Allaah than others from the people of their deen due to their intense insight into kufr. Rather, on account of their non-involvement with the people of their deen in waging war against the believers - whether that be via hand, thought or wealth. But as for it beging known that one of them guides the enemy against us secretly or the likes, then at such a point it would be lawful to execute such a person". ("An Nawaadir wa'z-Ziyaadaat'alaa maa fil Mudawanna min Ghairiha min Al Amaahaat", Vol 3, Page 60). Imaam Ibnul Munaasir said: "As for the insame person then there should be no difference of opinion whatsoever over the issue of not killing them, even if the person has reached maturity, this is because the person is not responsible by agreement. The evidence that these types of peope (are not to be fought against) is the saying of Allaah: "Fight in the way of Allaah against thse who fight you and do not trangress the limits. Indeed, Allaah does not love those who trangress". (Qur'an 2:190). From these types of people are those who are generally unable to fight such as the elderly, the decrepit, those who are secluded in worship, hired workers, mothers and the likes who are not to be trangressed against during fighting and Allaah gave them a special position in that it is prohibited to kill them due to His saying: "And do not trangress the limits". (Qur'an 2:190). Meaning: Do not kill non-combatants such as women due to their inability to fight". (Ibnul Munaasir, Vol 1, Page 228). Umar ibn Abdul Aziz said: About the saying of Allaah: "Fight in the way of Allaah against thse who fight you and do not trangress the limits. Indeed, Allaah does not love those who trangress". (Qur'an 2:190). The killing of women and children is included within this, and so are those who are not involved in warfare". ("An Nawaadir wa'z-Ziyaadaat", Vol 3, Page 57). Shaykh Abdullaah Al Basaam said: "As for intending to attack those who are not fighting such as women, children, the elderly, those in monasteries, churches and the like - then this is not permissible, as long as they neither provide a benefit (to the enemy troops) via their views or strategies nor have committed murder". ("Tawdeeh ul Ahkaam bin Buluughil Maraam", Vol 6, Page 385). Al Qurtubi said: "The fact that someone disbelieves [in Islam] does not prevent us from being just to him, and that our dealing with them (in a state of war) should only be restricted to fighting or capturing them if they deserve so. And it is not permissible for us to retaliate in the same manner, even if they kill our women and children and cause sorrow to befall us, it is not permissible for us to act likewise with the intention of making them feel grief and sorrow". (Tafsir Al Qurtubi 5/8). Ibn Qudamah said: "If a disbeliever enters Dar al-Islaam without having any covenant, if he is carrying with him goods for sale in Dar al-Islaam, and other merchants come with him without taking any covenant (physical or verbal from the Muslims), we are not allowed to fight and expel them". ("Al Mughni", 9/199). Imam Ahmad said: "If you are riding upon a ship and you come across merchants from the disbelievers from the enemies land to the Muslims land, you are not allowed to reject them or kill them, and all who enter the land of the Muslims from the people or war as merchants, accept them and do not ask them anything". ("Al Mughni", 9/199). Ibn Taymiyah said: "As for those who are not from the people who help and fight, such as women, children, the worshipper, the elderly, the blind, the disabled and the likes then they are not to be killed according to the majority of the Ulama' unless the person participates in fighting (against the Muslims) with speech or action. Even though some Ulama' permitted the killing of all merely on account of kufr, except for women and children which become for the Moslims. The first opinion (that non-combatants are not to be killed or fought against at all) is the most correct opinion, because fighting is only against whoever fights us when we want to manifest the deen of Allaah, just as Allaah says: "Fight in the way of Allaah against thse who fight you and do not trangress the limits. Indeed, Allaah does not love those who trangress". (Qur'an 2:190). In the Sunan is a Hadith from the Prophet that he passed by a woman who had been killed within a battle and the people had gathered around the body. The Prophet said: "This is not one who should be fought against", and sent the men away saying to one of them: "Tell Khalid not to kill children or workers". Also reported from him is that he said: "Do not kill a frail elderly man or a young child or a woman". ("As Siyaasah Ash Shariyah", Page 177). "The foundation is that the blood of Bani Aadam is sanctified and inviolable and no one is killed except with right. Killing due to kufr is not something which the legislations have agreed upon at any one time of the Shariah, such as killing the one who sits out of combat, for this is something that the legislations and intellect do not differ over. The blood of a disbeliever during the early history of Islaam was sanctified and inviolable just like the original sanctity of a person. Allaah prevented the Muslims from killing such a disbeliever". ("As Saarim Al Maslool 'Alaa Shaatim ir Rasool", Page 104). "Killing a women merely on account of kufr is not permissible and we do not know that it was allowed to kill any disbelieving women at any time whatsoever. Rather, the Qur'an and the sequence of its revelation prove that it is not allowed at all, because the first verses revealed about fighting: "Permission to fight has been given to those who are being fought, because they were wronged. And indeed, Allaah is competent to give them victory. They are those who have been evicted from their homes without right". (Qur'an 22:39 and 49). So it was allowed for the believers to fight in defending themselves and to retaliate against those who evited them from their homes and prevented them from tawheed of Allaah and His worship, and women are not included from those who do this. Then it was prescribed for them to fight absolutely and this is explained in His saying: "Fight in the way of Allaah against those who fight you". (Qur'an 2:190). So those people who are nor people of combat are not permitted to be fought against". ("As Saarim Al Maslool", Page 101). Imam Al Qurtubi says in his famous tafseer: دلت الآية على أن كفر الكافر لا يمنع من العدل معه، وأن يقتصر بهم على المستحق من القتال والاسترقاق، وأن المثلة بهم غير جائزة وإن قتلوا نساءنا أو أطفالنا وغمونا بذلك، فليس لنا أن نقتلهم بمثله قصداً لإيصال الغم والحزن إليهم "The fact that someone disbelieves does not prevent us from being just to him, and that our dealing with them (in a state of war) should only be restricted to fighting or capturing them if they deserve so. And it is not permissible for us to retaliate in the same manner, even if they kill our women and children and cause sorrow to befall us, it is not permissible for us to act likewise with the intention of making them feel grief and sorrow". ("Al Jaami' li Ahkaamil Qur'aan" 6/110). Al Baydawi said in the tafseer of Surah Maidah (5) Ayah 8: لا يحملنكم شدة بغضكم للمشركين على ترك العدل فيهم، فتعتدوا عليهم بارتكاب ما لا يحل، كمُثلة وقذف وقتل نساء وصِبية ونقض عهد، تشفياً مما في قلوبكم [اعدلوا هو أقرب للتقوى] أي: العدل أقرب للتقوى "Do not let your intense hatred of the mushrikin drive you to leave justice in dealing with them, such that you transgress against them by doing what is not permissible, such as such as mutilating bodies, killing women and children, breaking pacts - all in order to cool your hearts. Rather, be just. That is closer to taqwa". ("Mawahib Al Jaleel", 137).