None of them can be an authority, for they were neither eye-witnesses, nor they heard the Prophet countenancing or prompting the assassination, nor they allude to their own authorities. Jábir-bin Abdullah was a mere boy at that time. He was not allowed to appear even at the battle of Ohad, which took place after the alleged execution of Káb, on account of his tender age.[214] Ibn Abbás was even younger than Jábir, and besides, was putting up at Mecca at the period in question.[215] Ikrama was a slave of Ibn Abbás, and was notoriously given to the forging of fictitious traditions.[216]
4.—Sofian-bin Khalid.
51. Sofian-bin Khalid.
After the reverse at Medina, in the battle of Ohad, large gatherings were organized in various quarters of Arabia against the Moslems. The Bani Lahyán, and other neighbouring tribes, rallied round the standard of their chief Sofián, the son of Khálid, at Orna with the avowed purpose of taking this occasion by the forelock when the tables were turned at Ohad. "Mahomet, knowing that their movements depended solely upon Sofiân, despatched Abdullah ibn Oneis with instructions to assassinate him."[217] The accredited envoy volunteered himself for the service, which he accomplished by destroying Sofian by surprise. Neither Ibn Ishak, nor Ibn Hisham, nor Ibn Sád have anything to say about 'instructions' for assassination. Abdullah-bin Oneis may have been sent as a spy to reconnoitre the movements of Sofián and his army, or to bring advices concerning him, but it cannot be affirmed that he was tutored by Mohammad to assassinate Sofian, even on the supposition that his mission was to kill the latter.
52. Justifications of Sofian's alleged murder.
Among the Arabs the international law of estates in their hostile relations, and the military law and usage of former times, not forgetting to mention the European international law as late as the last century, maintained the broad principle that "in war everything done against an enemy is lawful that he may be destroyed, though unarmed and defenceless; that fraud or even poison may be employed against him; that a most unlimited right is acquired to his person and property."[218] Every sort of fraud except perfidy was allowed to be practised towards an enemy in war. "I allow of any kind of deceit," writes Bynkershoek, a writer on international law, the successor of Puffendorf and the predecessor of Wolff and Vattel, "perfidy alone excepted, not because anything is unlawful against an enemy, but because when our faith had been pledged to him, so far as the promise extends, he ceases to be an enemy."[219]
In the case of Sofián there was no perfidy, treachery, or violation of faith, nor was there any permission granted by Mohammad for his assassination. He sent, if it be proved he did (but it is never proved), Abdullah against Sofián who had made every preparation of arms, and who had mustered together several Bedouin tribes to attack Mohammad, to fight and kill him; it was a straightforward course allowed by the usages of the military law. Mohammad had distinctly and expressly interdicted perfidy, deceit and assassination. "Do not," said he, charging his commanders and soldiers on the point of marching for a military expedition, "commit perfidy, and do not mutilate, and do not kill a child."[220] He also laid down the golden maxim, "Belief is the restraint to assassination. No believer should commit assassination."[221]
5.—Abú Rafe.
53. Abú Rafe.