The ruling on fighting those who have a covenant with the Muslims
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh! What is the difference between the second case, which is fighting in defense, and the third case, which is the command to fight those who fight?
The Shaykh:
It is the same.
The questioner:
Honorable Shaykh, you mentioned (may Allah preserve you) that in jihad, the conditions of the Muslims must be considered, and the disbelievers who must be fought and the disbelievers who are to be left alone must be known. So I ask you, Honorable Shaykh, for an example of those who are to be left alone, how long is the period for which they are left alone, and what are the conditions under which they are left alone?
The Shaykh:
Those who are to be left alone are those whom we are unable to fight; those whom we are unable to fight are to be left alone. Second, those who have a covenant and a truce with the Muslims. If there is a truce and a covenant between them and the Muslims, it is not permissible to fight them until the truce ends or the covenant ends, or until they betray the covenant. As long as the covenant remains and they are upright in keeping it, it is not permissible for the Muslims to fight them.
He, the Exalted and Majestic, said:[At-Tawbah 9:7] And if you fear from a people treachery, meaning if they are under a covenant, then announce it to them on equal terms. If you want to end the contract between you and them, you inform them; you declare this to them so that they are on clear notice.
So covenants are not easy. Allah, the Exalted and Majestic, says:[An-Nahl 16:91] And fulfill the covenant, for the covenant was a responsibility. Covenants are not easy; it is not permissible to break them except for a legitimate Shari'ah reason, and this must be by the permission of the Imam or by the order of the Imam who made this contract with them.
He is the one who handles the contract, and he is the one who handles the breaking of it, and he is the one who handles... This is among the authorities of the Imam; it is not the authority of every individual, nor is it chaos, where everyone manages things and everyone does what they think is right; that is chaos.
Honorable Shaykh! What is the difference between the second case, which is fighting in defense, and the third case, which is the command to fight those who fight?
The Shaykh:
It is the same.
The questioner:
Honorable Shaykh, you mentioned (may Allah preserve you) that in jihad, the conditions of the Muslims must be considered, and the disbelievers who must be fought and the disbelievers who are to be left alone must be known. So I ask you, Honorable Shaykh, for an example of those who are to be left alone, how long is the period for which they are left alone, and what are the conditions under which they are left alone?
The Shaykh:
Those who are to be left alone are those whom we are unable to fight; those whom we are unable to fight are to be left alone. Second, those who have a covenant and a truce with the Muslims. If there is a truce and a covenant between them and the Muslims, it is not permissible to fight them until the truce ends or the covenant ends, or until they betray the covenant. As long as the covenant remains and they are upright in keeping it, it is not permissible for the Muslims to fight them.
He, the Exalted and Majestic, said:
So as long as they are upright toward you, be upright toward them. Indeed, Allah loves the righteous [who fear Him].
فَمَا اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَSo covenants are not easy. Allah, the Exalted and Majestic, 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 تَوْكِيدِهَاHe is the one who handles the contract, and he is the one who handles the breaking of it, and he is the one who handles... This is among the authorities of the Imam; it is not the authority of every individual, nor is it chaos, where everyone manages things and everyone does what they think is right; that is chaos.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الجهاد — islamhouse.com (36:43)
The Arabic text is a machine transcription of the audio recording.