What is the authenticity of the hadith: "A son does not consult his father, and a woman does not consult her husband," regarding jihad?
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The questioner : What is the authenticity of the one who said: A son does not consult his father, and a woman does not consult her husband, a woman does not consult her husband, and a son does not consult his father...?
The Shaykh : You said it.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : I said: What is the authenticity of the hadith? This is not a hadith; rather, it is the statement of the scholars. The statement of the scholars on this issue is agreed upon, with no disagreement. However, the disagreement comes from another angle: is jihad in Afghanistan, as you asked earlier, obligatory or a fard 'ayn (individual obligation) for all Muslims? There is a difference of opinion among the shaykhs today. Perhaps you have heard from them, as I believe, that it is a fard 'ayn (individual obligation) for every able person, while some say it is a fard kifayah (collective obligation). It is known that the meaning of fard kifayah (collective obligation) is that if some people fulfill it, it drops off the rest. So, whoever says it is a fard 'ayn (individual obligation) does not seek permission from his father, nor his mother, nor his wife. There is a detail regarding this which I will mention later. But whoever says that this jihad is a fard kifayah (collective obligation) says that one should consult the parents and seek their permission. This is based on what is established in "Sahih al-Bukhari" and others, that a man came to the Prophet (peace and blessings be upon him) and said to him: "I have come to fight alongside you, and I have left my two parents weeping." He said:Sunan an-Nasa'i 4163Hasan (Darussalam). This jihad is the jihad of collective obligation, not the individual obligation. Because you know that when the Messenger (peace be upon him) established the Muslim state in Madinah al-Munawwarah, he did not take all the people, because Madinah would, for example, be left without... without fighters and defenders, and so on. Rather, he took only as many as would help him in transferring the call from the circle of Madinah, for example, and al-Ta'if and similar places where Islam had settled, to other directions where people were still upon their shirk (associating partners with Allah) and misguidance. So, jihad in the way of transferring the call is not a fard 'ayn (individual obligation) but a fard kifayah (collective obligation). As for jihad in the way of expelling the enemy who has occupied the lands of the Muslims, this is a fard 'ayn (individual obligation). But this fard 'ayn (individual obligation), in that it includes every able person, is undoubtedly so. However, if we imagine that the millions of Muslims all responded to the call of jihad in the path of Allah, the land of Afghanistan as a whole would not accommodate them. Therefore, the fard 'ayn (individual obligation) here is to the extent of ability, also. The extent of ability is that they settle in the land and that means of defense, food, and drink are facilitated for them. This amount has never settled in Afghanistan; as evidenced by the fact that this victory and triumph that was associated with them for nine or ten years now has stopped. Why did it stop? Because the reinforcements that were coming to them before, whether in weapons, money, food, or people, this... Yes?
Another questioner : It diminished.
The Shaykh : It diminished, and therefore the jihad lagged. The establishment of the idea that this jihad is not a fard 'ayn (individual obligation) discourages the spirits. The youth who were eager for jihad in the path of Allah, when they hear contradictory and scattered statements; this...The Shaykh : ...says this is a fard 'ayn (individual obligation), and this one says: No, it is a fard kifayah (collective obligation). And this one who says it is a fard 'ayn (individual obligation) tells you: The father and mother are not to be asked for permission. This one tells you: It is necessary to ask the father and mother for permission. This creates confusion in the minds of the youth who are enthusiastic about jihad in the path of Allah, leading to lethargy. And you see the victory shrinking upon itself, and stopping before the enemies. It is not that they can get rid of the major excuses as the oppressed did due to the victories of the banner, nor is it... what? They are defeated, may Allah forbid, and the problem returns as it was before. Therefore, we must support these people with every means, with all strength, whether in number or equipment. Yes, that is right.
Let us return to those who find strength and readiness in themselves and are included in the general mobilization. These people may have a father or a mother, or both together, from one person to another. Perhaps the parents are old... and they have a son who serves them. If he goes to jihad...; he understands... that it is obligatory upon him, as an individual obligation, to serve them. But let us assume a second scenario: these old parents have two strong sons. If one goes and the other remains, and the other is righteous and performs the service of his parents; in that case, the one who wants to fight does not consult his parents; because his brother is his replacement. And so on. These are two scenarios that we are close to.
We can bring another scenario: two strong parents who serve themselves with their own hands, not needing their son to serve them. And this one, also, does not ask their permission; because they do not need him. That is: it is not obligatory upon him to serve them as an individual obligation; because they perform this duty themselves. Therefore, I tell many of the youth, when they want to tell me their story that they have two parents, and they have a brother, for example, slightly older or slightly younger than them; is it permissible for me? I cannot say that you must go to jihad or that you must not; because the situation in which he lives, I cannot imagine it in its entirety. Who can imagine it? The one who is obligated. Therefore, I tell him: You should fear Allah (Mighty and Majestic), and you must know that jihad in Afghanistan is a fard 'ayn (individual obligation) until this enemy is expelled from Jalalabad and from the capital Kabul. If, for example, these people are expelled... and the lands become for the Muslims; in that case, this obligation ends. And the realization of this obligation remains as it is known to everyone. But I cannot say to so-and-so, you must or you must not; because he has to study the condition of his father, the condition of his mother if he is alone, the condition of his two parents, and the condition of his brother or sibling if this brother or sibling is able to perform the duty that he was performing. All these issues must be studied in detail so that in the end we can say that it is a fard 'ayn (individual obligation) for this person to go to Afghanistan, or that it is not obligatory upon him.
The Shaykh : You said it.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : I said: What is the authenticity of the hadith? This is not a hadith; rather, it is the statement of the scholars. The statement of the scholars on this issue is agreed upon, with no disagreement. However, the disagreement comes from another angle: is jihad in Afghanistan, as you asked earlier, obligatory or a fard 'ayn (individual obligation) for all Muslims? There is a difference of opinion among the shaykhs today. Perhaps you have heard from them, as I believe, that it is a fard 'ayn (individual obligation) for every able person, while some say it is a fard kifayah (collective obligation). It is known that the meaning of fard kifayah (collective obligation) is that if some people fulfill it, it drops off the rest. So, whoever says it is a fard 'ayn (individual obligation) does not seek permission from his father, nor his mother, nor his wife. There is a detail regarding this which I will mention later. But whoever says that this jihad is a fard kifayah (collective obligation) says that one should consult the parents and seek their permission. This is based on what is established in "Sahih al-Bukhari" and others, that a man came to the Prophet (peace and blessings be upon him) and said to him: "I have come to fight alongside you, and I have left my two parents weeping." He said:
Go back to them, and make them smile as you made them weep.
ارجع اليهما ؛ فأضحكهما كما أبكيتهماAnother questioner : It diminished.
The Shaykh : It diminished, and therefore the jihad lagged. The establishment of the idea that this jihad is not a fard 'ayn (individual obligation) discourages the spirits. The youth who were eager for jihad in the path of Allah, when they hear contradictory and scattered statements; this...The Shaykh : ...says this is a fard 'ayn (individual obligation), and this one says: No, it is a fard kifayah (collective obligation). And this one who says it is a fard 'ayn (individual obligation) tells you: The father and mother are not to be asked for permission. This one tells you: It is necessary to ask the father and mother for permission. This creates confusion in the minds of the youth who are enthusiastic about jihad in the path of Allah, leading to lethargy. And you see the victory shrinking upon itself, and stopping before the enemies. It is not that they can get rid of the major excuses as the oppressed did due to the victories of the banner, nor is it... what? They are defeated, may Allah forbid, and the problem returns as it was before. Therefore, we must support these people with every means, with all strength, whether in number or equipment. Yes, that is right.
Let us return to those who find strength and readiness in themselves and are included in the general mobilization. These people may have a father or a mother, or both together, from one person to another. Perhaps the parents are old... and they have a son who serves them. If he goes to jihad...; he understands... that it is obligatory upon him, as an individual obligation, to serve them. But let us assume a second scenario: these old parents have two strong sons. If one goes and the other remains, and the other is righteous and performs the service of his parents; in that case, the one who wants to fight does not consult his parents; because his brother is his replacement. And so on. These are two scenarios that we are close to.
We can bring another scenario: two strong parents who serve themselves with their own hands, not needing their son to serve them. And this one, also, does not ask their permission; because they do not need him. That is: it is not obligatory upon him to serve them as an individual obligation; because they perform this duty themselves. Therefore, I tell many of the youth, when they want to tell me their story that they have two parents, and they have a brother, for example, slightly older or slightly younger than them; is it permissible for me? I cannot say that you must go to jihad or that you must not; because the situation in which he lives, I cannot imagine it in its entirety. Who can imagine it? The one who is obligated. Therefore, I tell him: You should fear Allah (Mighty and Majestic), and you must know that jihad in Afghanistan is a fard 'ayn (individual obligation) until this enemy is expelled from Jalalabad and from the capital Kabul. If, for example, these people are expelled... and the lands become for the Muslims; in that case, this obligation ends. And the realization of this obligation remains as it is known to everyone. But I cannot say to so-and-so, you must or you must not; because he has to study the condition of his father, the condition of his mother if he is alone, the condition of his two parents, and the condition of his brother or sibling if this brother or sibling is able to perform the duty that he was performing. All these issues must be studied in detail so that in the end we can say that it is a fard 'ayn (individual obligation) for this person to go to Afghanistan, or that it is not obligatory upon him.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.