Musannaf Ibn Abi Shayba 19:871

Abu Bakr narrated to us, he said: Shababa bin Sawwar narrated to us, he said: Layth bin Sa’d narrated to us, from Ibn Shihab, from ‘Ata’ bin Yazid al-Laythi, from ‘Ubayd Allah bin ‘Adi bin al-Khiyar, from al-Miqdad, that he informed him that he said: "O Messenger of Allah, what is your opinion if I meet a man from the disbelievers and he fights me, then he strikes one of my hands with a sword and cuts it off, then he takes refuge from me behind a tree and says, 'I have submitted to Allah,' shall I kill him, O Messenger of Allah, after he has said it?" The Messenger of Allah (peace be upon him) said: "Do not kill him." I said: "O Messenger of Allah, he cut off my hand, then he said that after he had cut it off, so shall I kill him?" He said: "Do not kill him, for he is in your status before you kill him, and you are in his status before he said the word which he said."