This hadeeth establishes various rules and principles, including that what is essential to performing a religious obligation may not be neglected or avoided. Muslims sometimes needed to attack their enemies at night, availing themselves of the element of surprise to achieve victory.These night attacksare deemed allowable, despite the fact thatthey may result in accidently killing non-combatants, such as women and children.These types of people generally may not be killed on the battlefield as per the Islamic law. The Prophet ﷺ gave permission for night attacks, as narrated by Al-Sa‘b ibn Jaththaamah(may Allah be pleased with him). The Prophetﷺpassed by him at a place called Al-Abwaa’ or Waddaan, places in Makkah; the first is 200 km from Makkah and 170 km from Al-Madeenah, and the distance between the two places is about 8 miles. He (may Allah be pleased with him) asked the Prophet ﷺ whether it was permissible to attack the pagan warriors at night with the probability of exposing their women and children to danger, for Muslims would not be able to identify women and children at night. The Prophetﷺreplied, "They (i.e., women and children) are from them (i.e., pagans)." It means that Muslims bear no sin for accidently killing or harming non-combatants if they were mixed with the combatants.In such cases there may be no other way to target the combatants without killing or harming the non-combatants. It goes without saying that the hadeeth does not mean that Muslims are allowed to target non-combatants (women and children) deliberately, because the Prophet ﷺ forbade killing women and children (on the battlefield). However, when the necessity warrants it, it is inevitable. In the version of the hadeeth recorded by Ahmad, Al-Zuhree stated that the Prophet ﷺ forbade such an act afterward, referring to his prohibition during the Battle of Hunayn, meaning that he ﷺstrictly forbade killing women and children in war (at that battle) after it was deemed allowable (in the specified situation). Al-Sa‘b ibn Jathaamah(may Allah be pleased with him) also said that he heard the Prophetﷺ saying, "The institution of Himaa (i.e., preserves and protected areas) is invalid except what belonged to Allah, Exalted is He, and His Messenger ﷺ.” The Himaa refers to the preserves and protected areas to which people and cattle are denied access to allow the grass therein to grow, and afterward they would be allocated by the ruler for grazing the animals given as part of the Zakaah funds, for instance. It is impermissible for anyone to declare such preserves and protected areas as Himaa except with the permission of Allah, Exalted is He, and His Messenger ﷺ, and his deputies who must act in accordance with the permission of Allah, Exalted is He, and His Messenger ﷺ, within the scope of need and for the benefit of Muslims. The Prophet ﷺ allocated a Himaafor the horses kept for Jihaad purposes and for the camels given in Zakaah. ‘Umar ibn Al-Khattaab(may Allah be pleased with him)also allocated a Himaa for the camels given in Zakaah and horses used in Allah’s Cause. The Imaam or ruler may do what he believes to be in the interests of keeping the horses (used for Jihaad purposes) strong, provided that it would not make things hard for people and be at the expense of public pastures. This proves that the use of (public) lands is determined by the rulers only..