How do we reconcile the saying of Allah, the Exalted: “But if they repent and establish prayer and give zakah, then they are your brothers in religion,”
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The questioner : Our Shaykh, the saying of Allah, Blessed and Exalted is He, in Surat al-Tawbah: [At-Tawbah 9:11], we say that this is the Verse of the Sword, and that it abrogated the treaties with the mushrikin and the disbelievers, and that it is necessary to fight them. Some of the youth say that there are other verses in the Book that granted the mushrikin the option to pay the jizyah in the previous verse; so what is your response, our Shaykh?
The Shaykh : ... the verse.
The questioner : If they pay the jizyah.
The Shaykh : What is in the first verse?
The questioner[At-Tawbah 9:11] or ... .
The Shaykh : ... The first verse and the verse of the jizyah, I did not understand the question; therefore I am putting your question back to you: does the first verse contradict the verse of the jizyah?
The questioner : They differ in their apparent meaning.
The Shaykh : How?
The questioner : If they pay the jizyah, leave them alone.
The Shaykh : That is correct.
The questioner : And the other verse says:[At-Tawbah 9:5] So in this jizyah is a ransom for not establishing prayer and giving zakah.
The student : May Allah have mercy on you.
The Shaykh : May Allah have mercy on you.
The questioner : Is it clear, our Shaykh?
The Shaykh : It is clear, but there is something strange in the question. The questioner imagines that the rulings of a chapter of the Shari'ah must necessarily be gathered in a single verse, or that the verses related to the chapter or the section—as the jurists say—are gathered together and the rulings are taken from this group rather than from a single verse? For example, when Allah, Mighty and Majestic, mentioned the prohibited things, He mentioned among them:[An-Nisa 4:23]; is it possible to imagine a questioner asking: How do we reconcile this verse with His saying, peace and blessings be upon him: Sunan Ibn Majah 1937Sahih (Darussalam), where there is a contradiction? The answer, obviously, is: there is no contradiction. This text is general, this text is general; meaning Sunan Ibn Majah 1937Sahih (Darussalam), [An-Nisa 4:23] is a part of this general text. Is it clear up to here?
The questioner: Yes.
The Shaykh : And you have nothing with me?
The questioner : With you.
The Shaykh : ... So if you are with me now, the verse of the jizyah says fight them until they give the jizyah, okay? Here there are two rulings.
The student: Peace be upon you.
The Shaykh : And peace be upon you.
The verse contains two rulings: one is fighting them, the second ruling is paying the jizyah. Do you see? Good, the verse that you mentioned contains two other rulings, which is fighting them unless they establish prayer and give zakah, and so on. Where is the contradiction between the two verses? It is mentioned here.
Yes?
The questioner : The contradiction in the questioner's mind is ... that if they pay the jizyah, do not fight them, whereas in the other verse ... he negates this verse by negating the payment of the jizyah through fighting until they establish prayer and give zakah.
The Shaykh : My dear, I gave you an example.
The questioner : ... .
The Shaykh : No, do not make that leap, no, no, if you want ... I am telling you directly ... .
The questioner : With the explanation, meaning.
The Shaykh : ... I want to explain to you how the verses can be reconciled? And how can we refute the claim of those who say that these ... those whom we were ordered to fight in the verse of paying the jizyah, if they come with a third, we fight them?
The questioner : ... .
The Shaykh : Where did we take this ruling from? From the first verse, correct?
The questioner : ... .
The Shaykh : Good, so they did not become Muslims and did not ... .
The student : ... .
The Shaykh : May Allah guide you, may Allah guide you.
The student: Amen.
The Shaykh : If they did not become Muslims and did not establish prayer and did not give zakah; what are they?
The questioner : We kill them.
The Shaykh : What are they? Disbelievers, before we say we kill them. These disbelievers, our Lord in the second verse, the verse of the jizyah, what did the Lord of the Worlds order us in it? ... .
The questioner : If they pay the jizyah, we leave them.
The Shaykh : Good, where is the contradiction? There is no contradiction; this is one thing. The second thing - ... the third - is: He said, peace and blessings be upon him: ... .
The questioner : Would this be in one of the cases, our Shaykh, or does this mean it is general?
The Shaykh : It is general without a doubt, but ... what do you mean by one of the cases?
The questioner : I mean, for example, in certain circumstances, the fighting of the Muslims against the mushrikin is either Islam or the jizyah in that order, or is it possible that this is general for all times, O Shaykh; meaning there is ... .
The Shaykh : Define what this is: fighting them without the jizyah?
The questioner : I mean, for example, in the early period of Islam, Shaykh.
The Shaykh : Fighting them without the jizyah, define your words. When you say this, what is this?
The questioner : You just mentioned Islam or the jizyah, Islam.
The Shaykh : Immediately this.
The questioner: Yes.
The Shaykh : Immediately I say this.
The questioner : Straight ahead.
The Shaykh: Yes.
The student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. Please, go ahead.
But if they repent, establish prayer, and give zakah, then they are your brothers in religion
فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِThe Shaykh : ... the verse.
The questioner : If they pay the jizyah.
The Shaykh : What is in the first verse?
The questioner
they are your brothers in religion
فَإِخْوَانُكُمْ فِي الدِّينِThe Shaykh : ... The first verse and the verse of the jizyah, I did not understand the question; therefore I am putting your question back to you: does the first verse contradict the verse of the jizyah?
The questioner : They differ in their apparent meaning.
The Shaykh : How?
The questioner : If they pay the jizyah, leave them alone.
The Shaykh : That is correct.
The questioner : And the other verse says:
But if they should repent, establish prayer, and give zakah, let them [go] on their way
فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ فَخَلُّوا سَبِيلَهُمْThe student : May Allah have mercy on you.
The Shaykh : May Allah have mercy on you.
The questioner : Is it clear, our Shaykh?
The Shaykh : It is clear, but there is something strange in the question. The questioner imagines that the rulings of a chapter of the Shari'ah must necessarily be gathered in a single verse, or that the verses related to the chapter or the section—as the jurists say—are gathered together and the rulings are taken from this group rather than from a single verse? For example, when Allah, Mighty and Majestic, mentioned the prohibited things, He mentioned among them:
your [milk] mothers who nursed you
أُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النَّسبBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبyour [milk] mothers who nursed you
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْThe questioner: Yes.
The Shaykh : And you have nothing with me?
The questioner : With you.
The Shaykh : ... So if you are with me now, the verse of the jizyah says fight them until they give the jizyah, okay? Here there are two rulings.
The student: Peace be upon you.
The Shaykh : And peace be upon you.
The verse contains two rulings: one is fighting them, the second ruling is paying the jizyah. Do you see? Good, the verse that you mentioned contains two other rulings, which is fighting them unless they establish prayer and give zakah, and so on. Where is the contradiction between the two verses? It is mentioned here.
Yes?
The questioner : The contradiction in the questioner's mind is ... that if they pay the jizyah, do not fight them, whereas in the other verse ... he negates this verse by negating the payment of the jizyah through fighting until they establish prayer and give zakah.
The Shaykh : My dear, I gave you an example.
The questioner : ... .
The Shaykh : No, do not make that leap, no, no, if you want ... I am telling you directly ... .
The questioner : With the explanation, meaning.
The Shaykh : ... I want to explain to you how the verses can be reconciled? And how can we refute the claim of those who say that these ... those whom we were ordered to fight in the verse of paying the jizyah, if they come with a third, we fight them?
The questioner : ... .
The Shaykh : Where did we take this ruling from? From the first verse, correct?
The questioner : ... .
The Shaykh : Good, so they did not become Muslims and did not ... .
The student : ... .
The Shaykh : May Allah guide you, may Allah guide you.
The student: Amen.
The Shaykh : If they did not become Muslims and did not establish prayer and did not give zakah; what are they?
The questioner : We kill them.
The Shaykh : What are they? Disbelievers, before we say we kill them. These disbelievers, our Lord in the second verse, the verse of the jizyah, what did the Lord of the Worlds order us in it? ... .
The questioner : If they pay the jizyah, we leave them.
The Shaykh : Good, where is the contradiction? There is no contradiction; this is one thing. The second thing - ... the third - is: He said, peace and blessings be upon him:
If you meet the polytheists, call them to one of three things
إذا لقيتم المشركين فادعوهم إلى إحدى ثلاثIslam, so if they become Muslims, they have what we have and they are bound by what we are bound by; if they refuse, then the jizyah; if they refuse, then fight them
الإسلام ، فإن أسلموا فلهم ما لنا وعليهم ما علينا ، فإن أبوا فالجزية ، فإن أبوا فقاتلوهمThe questioner : Would this be in one of the cases, our Shaykh, or does this mean it is general?
The Shaykh : It is general without a doubt, but ... what do you mean by one of the cases?
The questioner : I mean, for example, in certain circumstances, the fighting of the Muslims against the mushrikin is either Islam or the jizyah in that order, or is it possible that this is general for all times, O Shaykh; meaning there is ... .
The Shaykh : Define what this is: fighting them without the jizyah?
The questioner : I mean, for example, in the early period of Islam, Shaykh.
The Shaykh : Fighting them without the jizyah, define your words. When you say this, what is this?
The questioner : You just mentioned Islam or the jizyah, Islam.
The Shaykh : Immediately this.
The questioner: Yes.
The Shaykh : Immediately I say this.
The questioner : Straight ahead.
The Shaykh: Yes.
The student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. Please, go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.