The Quran

Preface

إِلَّا الَّذينَ يَصِلونَ إِلىٰ قَومٍ بَينَكُم وَبَينَهُم ميثاقٌ أَو جاءوكُم حَصِرَت صُدورُهُم أَن يُقاتِلوكُم أَو يُقاتِلوا قَومَهُم ۚ وَلَو شاءَ اللَّهُ لَسَلَّطَهُم عَلَيكُم فَلَقاتَلوكُم ۚ فَإِنِ اعتَزَلوكُم فَلَم يُقاتِلوكُم وَأَلقَوا إِلَيكُمُ السَّلَمَ فَما جَعَلَ اللَّهُ لَكُم عَلَيهِم سَبيلًا

Yusuf Ali

Except those who join a group between whom and you there is a treaty¹ (Of peace), or those who approach² you with hearts restraining them from fighting you as well as fighting their own people. If God had pleased, He could have given them power over you, and they would have fought you: Therefore if they withdraw from you but fight you not, and (instead) send you (Guarantees of) peace, then God Hath opened no way for you (to war against them).

Except the exception refers to “seize them and slay them”, the death penalty for repeated desertion. Even after such desertion, exemption is granted in two cases. One is where the deserter took asylum with a tribe with whom there was a treaty of peace and amity. Presumably such a tribe (even though outside the pale of Islam) might be trusted to keep the man from fighting against the forces of Islam-in the modern phrase, to disarm him and render him harmless. The second case for exemption is where the man from his own heart desires never to take up arms against Islam, though he does not wish to join the forces of Islam, to fight against a hostile tribe (perhaps his own) fighting against Islam. But he must make a real approach, giving guarantees of his sincerity. In the modern phase he would be “on parole”. But this provision is much milder than that in modern military codes, which grant the privilege only to enemy prisoners, not to those who have deserted from the army granting them parole. The hypocrites were in that position, but humanity as well as policy treated them with great leniency.
Approach or come: refers not to the physical act of coming, but to the mental attitude; the heart is mentioned for sincerity. When they sincerely promise not to fight against you, do not pursue them. Remember that if they had fought against you, your difficulties would have been increased. Their neutrality itself may be a great advantage to you. So long as you are satisfied that they are sincere and their acts support their declarations of peace with you, you should not consider yourself justifed in pursuing them and warring against them.