Аль-Хашр 59:5

مَا قَطَعْتُم مِّن لِّينَةٍ أَوْ تَرَ‌كْتُمُوهَا قَائِمَةً عَلَىٰ أُصُولِهَا فَبِإِذْنِ اللَّهِ وَلِيُخْزِيَ الْفَاسِقِينَ (Whatever palm-trees you have cut down, or have left them standing on their roots, it was with Allah's permission, and so that He might disgrace the transgressors....59:5). The word linah refers to a 'palm-tree'. Another opinion states that besides ` ajwah, all other palm trees are referred to as linah. Banu Nadir's orchards were comprised of palm trees. The reference in the verse is to the cutting, by the orders of the Holy Prophet ﷺ ، of the palm trees of Banu Nadir who had shut themselves in their fortresses in defiance of the Holy Prophet's ﷺ orders to surrender. So, some of the blessed Companions, in order to anger them or cast terror into their hearts, cut and burned down some of their date trees. Other Companions felt that the palm-trees should not be destroyed because soon, God willing, the Muslims will be victorious and the orchards will fall to their lot as booty. Thus they did not participate in the destruction of the trees. This was a difference of opinion. Later on when this disagreement was discussed, the Companions who participated in the destruction of the trees or orchards felt guilty. They asked the Messenger of Allah ﷺ whether they were really guilty of a sin, in that they destroyed the property that was going to fall to the lot of the Muslims. Verse [ 5] was revealed on that occasion to assuage the guilt-feeling of the Muslims that whatever they have done, whether they cut the trees or left them uncut, was by Allah's leave and it was done to degrade the ungodly Jews.

Commandment of the Holy Prophet ﷺ is in fact the Commandment of Allah: A Warning for those who Refute the authority of the Ahadith

In verse [ 5], the cutting down of the trees or leaving them uncut is called bi-idhni-llah [ with Allah's permission ] whereas neither of the actions was the explicit command of Allah. Apparently, whatever each group did was on the basis of independent reasoning [ Ijtihad ]. At most, it is possible that they might have sought the permission of the Holy Prophet ﷺ which is a Hadith. The 'Prophet's ﷺ permission' is referred to as 'Allah's permission' in the Qur'an. Thus the Qur'an makes plain that Allah has given His Messenger ﷺ the right to legislate laws. The forthcoming verse [ 7] of this Surah puts it that believers need to hold fast to what the Messenger ﷺ bids them and abstain from what he forbids them. This shows conclusively that the Sunnah is an independent source of the Islamic Law.

Disagreement in ijtihad is not a sin

Another important principle derived from this verse is that if those who are competent to undertake ijtihad disagree with another on a particular issue, so as one of them holds something as permissible, while the other takes it as impermissible, neither of them would be counted as sinners, nor will the principle of nahy ` anil-munkar (forbidding evil) be applied to this situation, because none of the two rulings is an 'evil' in the sight of Allah. Under the concluding phrase of verse [ 5] لِيُخْزِيَ الْفَاسِقِينَ (...and that he might disgrace the transgressors) it was explained that the act of cutting or burning down the trees cannot be construed as disorderliness. But it was done to degrade the unbelievers, and therefore it carries reward in the Hereafter.

Ruling

Is it legitimate to demolish or burn down the homes of the infidels, or cut or burn down their trees, or destroy their fields and farms? The leading authorities on Islamic Jurisprudence are not unanimous on this question. Imam A'zam Abu Hanifah (رح) rules that all of these actions are permitted. Shaikh Ibn Humam (رح) ، however, qualifies the ruling and restricts it. He rules that all of the above are permitted if and only if the enemies cannot be vanquished or overpowered without resorting to the above measures, or if the victory of Muslims is not probable or likely. The whole purpose of this ruling is to break the might and power of the enemy. In the case where Muslims do not win the struggle, destruction of their moveable and immovable properties may be included in weakening their might and main. [ Mazhari ]