Is it permissible to kill a disbeliever when the fighting intensifies if he pronounces the two testimonies?

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The questioner : Is it permissible to kill a disbeliever?

The Shaykh : Yes.

The questioner : If he pronounces the two testimonies before the fighting intensifies?

The Shaykh : It is not permissible.

The questioner : And is it permissible to kill him if the fighting intensifies and he pronounces the two testimonies?

The Shaykh : If he pronounces the two testimonies, it is not permissible to kill him.

The questioner : And if the fighting intensifies, O Shaykh.

The Shaykh : Whether the fighting intensifies or not, because the Prophet (peace and blessings be upon him) rebuked Usamah ibn Zayd for killing a polytheist after he said: "There is no god but Allah," and he kept repeating to Usamah:

Narrated Usama bin Zaid bin Haritha: Allah's Messenger (ﷺ) sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, "None has the right to be worshipped but Allah." The Ansari refrained from killing him but I stabbed him with my spear till I killed him. When we reached (Medina), this news reached the Prophet. He said to me, "O Usama! You killed him after he had said, 'None has the right to be worshipped but Allah?"' I said, "O Allah's Messenger (ﷺ)! He said so in order to save himself." The Prophet (ﷺ) said, "You killed him after he had said, 'None has the right to be worshipped but Allah." The Prophet (ﷺ) kept on repeating that statement till I wished I had not been a Muslim before that day.

أقتلته بعد أن قال لا إله إلا الله حتى قال : إنما قالها تعوذاً

Sahih al-Bukhari 6872

So the Prophet (peace and blessings be upon him) rebuked him and said, Usamah:

I wished I had not embraced Islam

تمنيت أني لم أكن أسلمت

Sahih Muslim 96b

But if he says: "I bear witness that there is no god but Allah and that Muhammad is the Messenger of Allah," and remains in the ranks of the disbelievers, kill him. But if he says this and leaves, that indicates his sincerity. If he remains, then if he is a Muslim, he has aided the disbelievers against the Muslims, and it is permissible to kill him, and his intention is with Allah. And if he is a polytheist and said it with his tongue, he has deserved to be killed. Yes.

Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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