Musnad Ahmad 790:123

'Arim narrated to us, Mu'tamir ibn Sulayman narrated to us, from his father, who said: And al-Sumayt al-Shaybani narrated to me, from Abu al-'Ala', who said: A man from the tribe narrated to me that 'Imran ibn Husayn narrated to him that 'Abis, or the son of 'Abis, came to him among some people from Banu Jusham. One of them said to him: "Will you not fight until there is no more fitnah (strife/trial)?" He said: "I have perhaps fought until there was no more fitnah. Shall I not tell you what the Messenger of Allah (ﷺ) said, though I do not think it will benefit you? So listen." He said: The Messenger of Allah (ﷺ) said: "Go on a military expedition against the tribe of so-and-so with so-and-so." He said: The men lined up, and the women were behind the men. Then, when they returned, a man said: "O Prophet of Allah, ask forgiveness for me, may Allah forgive you." He said: "Have you committed a new act (of sin)?" He said: "O Messenger of Allah, ask forgiveness for me, may Allah forgive you." He said: "Have you committed a new act?" He said: "When the people were defeated, I found a man between the people and the women. He said: 'I am a Muslim,' or he said: 'I have submitted.' So I killed him." He said: "He sought refuge by that when I overwhelmed him with the spear." He said: "Did you split open his heart to look into it?" He said: "No, by Allah, I did not do that." So he did not ask forgiveness for him, or as he said. And he said in his hadith: The Messenger of Allah (ﷺ) said: "Go on a military expedition against the tribe of so-and-so with so-and-so." A man from my close kin went out with them. When he returned to the Prophet (ﷺ), he said: "O Prophet of Allah, ask forgiveness for me, may Allah forgive you." He said: "And have you committed a new act?" He said: "When the people were defeated, I caught up with two men between the people and the women. They said: 'We are Muslims,' or they said: 'We have submitted.' So I killed them." The Messenger of Allah (ﷺ) said: "Am I not fighting the people except for the sake of Islam? By Allah, I will not ask forgiveness for you," or as he said. He died afterward, and his clan buried him. In the morning, the earth had cast him out. Then they buried him and guarded him a second time, and the earth cast him out. Then they said: "Perhaps someone came while you were sleeping and took him out." So they buried him a third time, and they guarded him, and the earth cast him out a third time. When they saw that, they cast him away, or as he said.