Sahih al-Bukhari 2876

It is related that 'Abdullah ibn 'Abbas said that Abu Sufyan ibn Harb informed him that Heraclius had sent a message to him while he was with a Qurayshi caravan composed of merchants who were trading in Syria during the period when the Messenger of Allah , may Allah bless him and grant him peace, had a truce with Abu Sufyan and the unbelievers of Quraysh. XIV: Is a dhimmi pardoned when he practises magic? Ibn Shihab was asked, "Is one of the people with a treaty killed if he practises magic?" He answered, "It has reached us that that was done to the Messenger of Allah, may Allah bless him and grant him peace, but he did not kill the one who had done it, and the perpetrator was one of the People of the Book."