Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
The Permissibility To Kill A Disbelieving Combatant After Conquering Them
 And with the same chain of narration that, “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) entered Makkah, in the Year of Victory, wearing a helmet, and when he took it off a man came to him and said, “Messenger of Allah (Sallalahu Alayhee Was-Sallam), Ibn Khatal is clinging to the covers of the Ka’bah,” and the Messenger of Allah (Sallalahu Alayhee Was-Sallam) said, “Kill him.”
Ibn Shihaab commented, “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) was not in ihraam at the time”
[GRADING] – [SAHEEH]
Al-Imaam Maalik certified this with hearing in Saheeh Muslim (no.1357) and Ibn Shihaab clarified (hearing this hadeeth from Anas (RadhiAllaahu Anhu)) with Ibn S’ad (at-Tabaqaat (2/139, 140) and its chain is Hasan li-Dhatihi i.e. good in itself) and Abee Awaanah (al-Mustakhraj, the lost ed. (pg.245)
[REFERENCES] – [AGREED UPON]
Al-Muwatta (Yahya’s narration (1/423 hadeeth no.975, book 20, chapter 81 hadeeth no.247 in it: Maalik said: “The Messenger of Allah (Sallalahu Alayhee Was-Sallam) was not in ihraam at the time”) at-Tamheed (6/157) and al-Istidhkaar (no.916)
Transmitted by Bukharee (no.1846, no.3044, no.4248, no.5808) and Muslim (no.1358) from the hadeeth of Maalik.
[UNDERSTANDING FROM THE HADEETH]
1) If there is no intention for performing Hajj or Umrah, then entering Makkah without ihraam is permissible.
2) You are allowed to take precautions for your own safety.
3) Killing a warring disbeliever (a disbeliever who you are at war with) is allowed even after the conquering if the leader or his suitable officer (commander) understands (thinks it is appropriate).
4) Hanging a cover on the house of Allah is allowed according to the sunnah taqriree.
5) The person’s name who asked about Ibn Khatal is not known. (at-Tawdeehul mubhamaatul jami us-saheeh of Ibn Ajimee, qalmi (pg.96)). It maybe that he could have been Abu Burza as-Salamee (RadhiAllaahu Anhu). Allah knows best (Fath ul-Baree (4/20))
6) Ibn Khatal (a disbeliever) was killed in return for martyring a companion. Fath ul-Baree (4/61)
7) Abdullah Ibn Umar (RadhiAllaahu Anhu) went from Makkah (to go to Madeenah) so when he reached Qadeem(a place), he received the news from Madeenah (that a disorder has happened in Madeenah) so he returned to Makkah without an ihraam.(Muwatta Imam Maalik 1/423 hadeeth no.976 and its chain is [Saheeh] authentic)