The Messenger of Allah ﷺ said, "Whoever kills a person under the protection of a treaty will not even smell the fragrance of Paradise, though its fragrance can be detected from a distance of forty years' travel."
حدثنا إسماعيل بن محمد يعني أبا إبراهيم المعقب حدثنا مروان حدثنا الحسن بن عمرو الفقيمي حدثنا مجاهد عن جنادة بن أبي أمية
قال رسول الله ﷺ من قتل قتيلا من أهل الذمة لم يرح رائحة الجنة وإن ريحها ليوجد من مسيرة أربعين عاما
Its isnad is sahih. Marwan is Ibn Muawiya Fazari, whose reliability was already established at [872]. Here we add that Ahmad said of him, "A firmly reliable memorizer," and Bukhari gave his biography in al-Kabir 4/1/272. He was among the senior teachers of Ahmad, but here Ahmad narrated from him through the intermediary of Abu Ibrahim al-Muaqqib.Hasan bin Amr Fuqaymi, whose reliability was already established at [1832], we add here that Ibn Hibban mentioned him in al-Thiqat 2:116-117. Fuqaymi, with a damma on the fa, is a relation to Banu Fuqaym, a clan of Tamim.Junada bin Abu Umaya, we noted in the commentary on [1092] that there are three biographical entries under this name, and the view I consider most likely correct is what Ibn Saad mentioned in al-Tabaqat 7/2/151, that he was an early follower of the Companions (tabii). He said, "Junada bin Abu Umaya al-Azdi met Abu Bakr, Umar, and Muaz, and retained knowledge from them, and he was reliable, a man devoted to military campaigns." Muhammad bin Umar said, "He died in the year 80, during the caliphate of Abdul-Malik bin Marwan." And in al-Tahdhib it is said he died in the year 86. As for the Companion, he is Junada al-Azdi, whose biography Ibn Saad also gave at 7/2/194, and some called him Junada bin Malik.This hadith was narrated by Bukhari 6:193-194, 12:229, through Abdul-Wahid bin Ziyad, and by Ibn Majah 2:79, through Abu Muawiya, both of them from Hasan bin Amr Fuqaymi from Mujahid from Abdullah bin Amr, with this wording.Al-Hafiz said in the second location, 12:229, "This is how it appears in all the transmission paths, with the ambiguous form 'an (from). It occurs in the narration of Marwan bin Muawiya from Hasan bin Amr from Mujahid from Junada bin Abu Umaya from Abdullah bin Amr, adding a man between Mujahid and Abdullah. Nasai and Ibn Abu Asim narrated it through his path. Abu Bakr Bardiji, in his book on clarifying mursal narrations, asserted definitively that Mujahid did not hear directly from Abdullah bin Amr."And he said in the first location, 6:194, "This is how Abdul-Wahid narrated it from Hasan bin Amr, and Abu Muawiya followed him in this in Ibn Majah's version, as did Amr bin Abdul-Ghaffar Fuqaymi in Ismaili's version. So these three narrated it this way," meaning from Hasan Fuqaymi from Mujahid from Abdullah bin Amr. "Marwan bin Muawiya differed from them, narrating it from Hasan bin Amr while adding a man between Mujahid and Abdullah bin Amr, namely Junada bin Abu Umaya. Nasai narrated it through his path." Daraqutni gave preference to Marwan's narration because of this addition.However, Mujahid's having heard directly from Abdullah bin Amr is established, and he was not known for tadlis (concealing the true source). So it is possible that Mujahid first heard it from Junada, then later met Abdullah bin Amr, or that he heard it from both of them and Junada confirmed it for him, so he sometimes reported it from Abdullah bin Amr and sometimes from Junada. This is what al-Hafiz said, and it would be a fine piece of analysis were it not troubled by the narration found here in al-Musnad.For Ahmad narrated it, as you see, through the path of Marwan bin Muawiya from Hasan bin Amr from Junada from Abdullah bin Amr, with no mention of Mujahid at all. This is what is established in the three original manuscripts of al-Musnad here.As for the narration of Nasai to which al-Hafiz referred in both locations, it appears in al-Sunan 2:242 of the Egyptian printing, and page 715 of the Indian printing. He narrated it from Juhaym, who said, "Harun told us," who said, "Hasan," meaning Ibn Amr, "told us, from Mujahid, from Junada bin Abu Umaya, from Abdullah bin Amr." The name of the narrator from Hasan is established as Harun, clearly so, in the Egyptian printing and in the two manuscripts I have of Sunan Nasai, one of which is the copy of the eminent scholar Shaykh Abid Sindi. Indeed in the Indian printing it is written Harun with the alif, but al-Hafiz's statement indicates to us that it is actually Marwan. This name is written in the old manuscripts as "mrwn" without an alif, which was corrupted in later handwritings into "hrwn," and then the Indian printing compounded the corruption further by writing it fully as Harun!It is certainly Marwan, or very close to certain, because Juhaymi al-Hafiz, the teacher of Nasai, is known for narrating from Marwan bin Muawiya Fazari, and because I have not found among those named Harun in this generation anyone who narrated from Hasan bin Amr or from whom Juhaym narrated. So this is an error on the part of the copyists, established with certainty as an error, on the evidence of the narration in al-Musnad here, and on the evidence of al-Hafiz's statement, and by the corroborating evidence of the narrators and their generations.Perhaps another old error occurred in the copies of Nasai, one which the narration in al-Musnad points toward, namely that the original text in Nasai's narration was, "Hasan, meaning Ibn Amr, from Mujahid, and from Junada bin Abu Umaya," meaning that Hasan Fuqaymi narrated the hadith from two teachers among the tabiin, Mujahid and Junada. The letter "waw" (and) then dropped out at the hands of some early copyist, so it became "from Mujahid from Junada." This error was reinforced for them by the fact that Mujahid had accompanied Junada bin Abu Umaya on a military campaign. Bukhari narrated in al-Kabir 1/2/231, with his chain, from Ibn Awn from Mujahid, "Junada was our commander at sea for six years, and he addressed us one day," and he narrated something similar in al-Saghir, page 70. So whoever supposed that Junada in this chain was a teacher of Mujahid was mistaken. There is no direct link in the narration to Abdullah bin Amr.This is a likely possibility in my view, but I cannot state it with certainty unless I find further evidence to support it. I ask Allah for guidance.As for his statement "did not smell" (lam yarih), with fatha on the ya and the ra, Ibn Athir said, "It is said raha yarihu, and raha yaruhu, and araha yarihu, when one perceives the scent of something." The hadith has been narrated with all three forms. The narration in Bukhari uses the first form, which is the one al-Hafiz preferred.