Tafsir Ibn Abbas: An-Nisaa, Ayah 90
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Tafsir
Except those who attach themselves to who seek refuge with a people between whom and you there is a covenant a pledge of security for them and for whoever attaches himself to them in the manner of the Prophet’s s covenant with Hilāl b. ‘Uwaymir al-Aslamī; or those who come to you with their breasts constricted dejected about the prospect of fighting you being on the side of their people or fighting their people siding with you in other words those who come to you refraining from fighting either you or them then do not interfere with them neither taking them as captives nor slaying them this statement and what follows was abrogated by the ‘sword’ verse. Had God willed to give them sway over you He would have given them sway over you by strengthening their hearts so that assuredly they would have fought you but God did not will it and so He cast terror into their hearts. And so if they stay away from you and do not fight you and offer you peace reconciliation that is if they submit then God does not allow you any way against them He does not allow you a means to take them captive or to slay them.
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Ibn Abbas Commentary
Allah then made an exception, saying: (Except those) among the ten men who fled to Mecca (who seek refuge with a people) i.e. the people of Hilal Ibn 'Uwaymir al-Aslami (between whom and you there is a covenant) a pact and peace, (or (those who)) the people of Hilal (come unto you because their hearts forbid them to make war) they come to you because they are annoyed at the huge cost they have to pay due to this pact (on you or make war on their own folk) due to their ties of kinship. (Had Allah willed He could have given them power over you) i.e. the people of Hilal Ibn 'Uwaymir (so that assuredly they would have fought you) together with their people upon the conquest of Mecca. (So, if they hold aloof from you and wage not war against you) upon the conquest of Mecca (and offer you peace) they submit to you through peace and honouring the pact they made, (Allah alloweth you no way against them) He does not give you any excuse for killing them.