The Refutation of the Doubt of Citing the Appointment of Khalid ibn al-Walid (may Allah be pleased with him) by the Companions in the Battle of Mu'tah as Evidence for the Permissibility of Appointing a Commander Without the Imam
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The questioner : It is as I said, meaning they cite the fact that when the Companions appointed Khalid over them after their commanders were killed, and they were in the absence of the Supreme Imam, who is the Prophet (peace and blessings be upon him). Then they cite the Battle of Ain Jalut against the Tatars.
The Shaykh : Evidence, evidence, so that we may look at it.
The questioner : Yes, the first one says: The main point of this issue.
The Shaykh: Yes.
The questioner : The main point of this issue is the hadith of the Battle of Mu'tah.
The Shaykh: Yes.
The questioner : Where the Companions appointed Khalid over them when their commanders were killed and they were in the absence of the Supreme Prophet, who is the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) was pleased with their action. Then, as I said, they raise the question: We ask the people of this doubt, how do Muslims fight in this situation where there is no Imam? And how is the number determined? Of course, I answered this question.
The Shaykh : Our answer regarding the issue of Mu'tah is that, first, the commander here is the Messenger of Allah (peace and blessings be upon him), who is present, and he is the one who mobilized that army. When they appointed Khalid over them, that was an exercise of independent legal reasoning on their part, and they were permitted to do so because the Prophet (peace and blessings be upon him and his family) is the one who equipped that army, and they were permitted to act in this manner because they were facing their enemy.
This hadith is similar to the jihad of which we say: It does not require preparation if Muslims are attacked in their own homeland. These people left their homeland to fight the disbelievers, and then it happened that the commander died, so he had to have a successor. If they had wanted to send a message to the Messenger (peace be upon him) and ask him, who is the true commander, the jihad would have been delayed, and perhaps they would have been raided and their roots uprooted by their enemies. This is one of the situations that is addressed by the rule: "Necessities permit the prohibited." So this is not cited as being necessary where we appoint a commander from among ourselves; we appoint a commander from among ourselves. And this reminds me now; this group that wants a commander, how did they appoint him? A certain person? How did they appoint him as commander? Are there scholars? Are there those who have the authority to bind and release? How did so-and-so become the commander? Tell me: To your knowledge?
The questioner : To my knowledge, it is that he is from among their group.
The Shaykh : I know, but how did this commander become from among their group? Who chose him? The scholars?
The questioner: No.
The Shaykh : Or the shepherds?
The questioner : The shepherds.
The Shaykh : That is the problem. All of this confirms that they are hastening matters; they appoint one of them as commander and then say: The command is necessary. So, while he contradicts the premises we mentioned, he appoints himself, and we all know that Islam forbids a Muslim from seeking a position; it prohibits a Muslim from seeking a position. But for a man to appoint himself and then drag out all the evidence that on the surface indicates that a command is necessary in every circumstance; this, by Allah, is ignorance, as they say, compounded ignorance, to our great regret!!
The Shaykh : Evidence, evidence, so that we may look at it.
The questioner : Yes, the first one says: The main point of this issue.
The Shaykh: Yes.
The questioner : The main point of this issue is the hadith of the Battle of Mu'tah.
The Shaykh: Yes.
The questioner : Where the Companions appointed Khalid over them when their commanders were killed and they were in the absence of the Supreme Prophet, who is the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) was pleased with their action. Then, as I said, they raise the question: We ask the people of this doubt, how do Muslims fight in this situation where there is no Imam? And how is the number determined? Of course, I answered this question.
The Shaykh : Our answer regarding the issue of Mu'tah is that, first, the commander here is the Messenger of Allah (peace and blessings be upon him), who is present, and he is the one who mobilized that army. When they appointed Khalid over them, that was an exercise of independent legal reasoning on their part, and they were permitted to do so because the Prophet (peace and blessings be upon him and his family) is the one who equipped that army, and they were permitted to act in this manner because they were facing their enemy.
This hadith is similar to the jihad of which we say: It does not require preparation if Muslims are attacked in their own homeland. These people left their homeland to fight the disbelievers, and then it happened that the commander died, so he had to have a successor. If they had wanted to send a message to the Messenger (peace be upon him) and ask him, who is the true commander, the jihad would have been delayed, and perhaps they would have been raided and their roots uprooted by their enemies. This is one of the situations that is addressed by the rule: "Necessities permit the prohibited." So this is not cited as being necessary where we appoint a commander from among ourselves; we appoint a commander from among ourselves. And this reminds me now; this group that wants a commander, how did they appoint him? A certain person? How did they appoint him as commander? Are there scholars? Are there those who have the authority to bind and release? How did so-and-so become the commander? Tell me: To your knowledge?
The questioner : To my knowledge, it is that he is from among their group.
The Shaykh : I know, but how did this commander become from among their group? Who chose him? The scholars?
The questioner: No.
The Shaykh : Or the shepherds?
The questioner : The shepherds.
The Shaykh : That is the problem. All of this confirms that they are hastening matters; they appoint one of them as commander and then say: The command is necessary. So, while he contradicts the premises we mentioned, he appoints himself, and we all know that Islam forbids a Muslim from seeking a position; it prohibits a Muslim from seeking a position. But for a man to appoint himself and then drag out all the evidence that on the surface indicates that a command is necessary in every circumstance; this, by Allah, is ignorance, as they say, compounded ignorance, to our great regret!!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.