The Status of Disbelievers Whom Muslims Must Spare in Jihad
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Question:
Honorable Shaykh, you mentioned (may Allah preserve you) that in jihad, the circumstances of the Muslims must be considered, and one must know which disbelievers must be fought and which disbelievers must be spared. I ask you, Honorable Shaykh, to give an example of those who are spared, how long the period of sparing lasts, and what the circumstances are in which they are spared?
Answer:
Those who are spared are those whom we are unable to fight; those whom we are unable to fight. One spares them.
Second, those who have a treaty and a truce with the Muslims. If there is a truce or a treaty between them and the Muslims, it is not permissible to break it until the truce or the treaty ends, or until they commit treachery or break the treaty. As long as the treaty remains and they are upholding it, it is not permissible for the Muslims to fight them. He, Mighty and Majestic, said:[At-Tawbah 9:7], and if you fear treachery from a people, then announce it to them openly. This means that if they are under a treaty, you must announce to them openly. If you want to end the contract between you and them, you must declare it to them so that they are on clear notice. Treaties are not something to be taken lightly.
And Allah the Exalted says:[An-Nahl 16:91] [Al-Isra 17:34] What are the treaties? Yes. It is permissible to [break them] only with a valid legal justification.
And this must be done with the permission of the Imam or by the order of the Imam who concluded this contract with them. He is the one who handles the contract, he is the one who handles the termination, and he is the one who handles [the matter]. This is among the authorities of the Imam. It is not for every person to act on their own in chaos, with everyone managing their own affairs. This is not acceptable; this is chaos. Yes.
Honorable Shaykh, you mentioned (may Allah preserve you) that in jihad, the circumstances of the Muslims must be considered, and one must know which disbelievers must be fought and which disbelievers must be spared. I ask you, Honorable Shaykh, to give an example of those who are spared, how long the period of sparing lasts, and what the circumstances are in which they are spared?
Answer:
Those who are spared are those whom we are unable to fight; those whom we are unable to fight. One spares them.
Second, those who have a treaty and a truce with the Muslims. If there is a truce or a treaty between them and the Muslims, it is not permissible to break it until the truce or the treaty ends, or until they commit treachery or break the treaty. As long as the treaty remains and they are upholding it, it is not permissible for the Muslims to fight them. He, Mighty and Majestic, said:
as long as they are upright toward you, be upright toward them. Indeed, Allah loves the righteous [who fear Him].
اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَAnd Allah the Exalted says:
And fulfill the covenant of Allah when you have taken it, [O believers], and do not break oaths after their confirmation
وَأَوْفُوا بِعَهْدِ اللَّهِ إِذَا عَاهَدتُّمْ وَلَا تَنقُضُوا الْأَيْمَانَ بَعْدَ تَوْكِيدِهَاAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًاAnd this must be done with the permission of the Imam or by the order of the Imam who concluded this contract with them. He is the one who handles the contract, he is the one who handles the termination, and he is the one who handles [the matter]. This is among the authorities of the Imam. It is not for every person to act on their own in chaos, with everyone managing their own affairs. This is not acceptable; this is chaos. Yes.
Source
ضابط الكفار الذين يكف عن قتالهم — alfawzan.live
The Arabic text is a machine transcription of the audio recording.