A bundle of twigs is not a tree : lesson sample (slide 10)

 

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The historical context suggests that ‘Umar ibn al-Khattab was not making a legal point but was extremely angry when he urged Abu Jandal to kill his father after the signing of the Treaty of Hudaybiyah (6/628). However, when mediaeval jurists wrote (also taken from the Daesh propagandists’ list of twenty decontextualised quotations):

15th quotation: Ibn Muflih said, “There is no expiation, no blood money paid for killing a kafir that has no peace treaty, because his blood is generally halal (to spill) like the pig.” al-Mubdi‘ fi sharh al-Muqni‘ وَلَا تَجِبُ بِقَتْلِهِ دِيَةٌ وَلَا كَفَّارَةٌ لِأَنَّهُ مُبَاحُ الدَّمِ عَلَى الْإِطْلَاقِ كَالْخِنْزِيرِ

16th quotation: Ibn Qudamah said about the harbi kafir, “Shedding his blood is halal without exception, just like swine.” al-Mughni لأنه مباح الدم على الإطلاق أشبه الخنزير

they were making a legal point that, unless he had asked for and been granted safe passage (Q.9:6), there is no more compensation payable for killing a hostile disbeliever from enemy territory (harbi kafir) spotted marauding in Muslim-controlled territory than for damage to pigs, alcohol or other haram chattels.