Is it permissible to launch a night surprise attack (bayat) on disbelievers?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is permissible to launch a night surprise attack on disbelievers, which involves gaining advantage over them at night and killing them while they are unaware. Imam Ahmad stated that the conquest of Rome essentially relied on surprise attacks, and no scholar is known to have disliked it. The Prophet, peace be upon him, confirmed this principle when asked about ambushing polytheists and harming their women and children, replying, 'They are from them' (i.e., counted among the combatants).
Supporting text
The prohibition against killing women and children is understood to apply only to deliberate killing. The Prophet's prohibition occurred when sending a delegation to Ibn Abi Al-Huqayq, whereas the permission for surprise attacks, which may incidentally result in their death, is understood as applying when direct intention to kill them is absent.