Is it permissible for a Muslim to kill the children of the Jews if they fall into their hands, and Allah says: “If you punish, then punish with the like of that by which you were punished”?
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The questioner : He saysThe questioner : It is well known that the Jews kill the children of Muslims. So is it permissible for a Muslim to kill the children of the Jews if they fall into their hands, and Allah says [An-Nahl 16:126]?
The Shaykh : Yes, it is permissible without doubt, even though this is contrary to the original principle. Islam is the embodiment of the statement of the Blessed and Exalted in the Qur'an:[Al-Anbya 21:107]. He used to command his Companions, and especially their commanders whom he appointed to lead the armies he dispatched to fight the enemies, not to engage in killing the elderly, meaning the old men who are unable to fight. He also forbade them from killing women and children. This is the original principle. However, every principle or rule has exceptions where wisdom and purpose are considered. When a Muslim scholar wishes to depart from the rule, this rule is very reasonable in that it achieves justice and mercy for the elderly, women, and children who are not skilled in fighting. This rule also aligns with the other rule: [Al-An'am 6:164]. If the men are fighting the Muslims, what about the women, the elderly, and the children who do not fight? It is not permissible for the Muslim army to engage those who do not fight and do not carry weapons; this is very clear. But if we see an elderly man from these disbelievers joining the youth to fight the Muslims, then he has sought to remove himself from the rule and has become a fighter. So, whoever fights you, fight him, as stated in the verse: [Al-Baqarah 2:194]. Likewise, the original principle, especially in ancient times, was that women do not participate with men in fighting as a rule. But sometimes a woman, whether Muslim or polytheist, would go out to fight and carry a weapon. However, this is an exception to the rule that women used to observe and live by. So if a disbelieving woman is found fighting the Muslims along with the men of the disbelievers, she is to be killed. The same is said about children. Of course, some children are able to carry a weapon and some are not. As for those in the latter category, it is absolutely not permissible to kill them. But if a child is strong and also goes out carrying a weapon, then he is to be killed. However, the question draws attention to the fact that the Jews kill children. No, not because they participate with men in fighting, but rather as a means of completing their injustice, aggression, and tyranny against the Muslims. So we say that in the way of reciprocating with the like, this is permissible. The answer ends here. But we say: if a Jewish man kills a Muslim man, is it not permissible for us to kill a Jewish man in return? I say it is permissible for us to kill men in return for one man, because one man from the Muslims is not equal to thousands upon thousands of disbelievers, by the statement of the Lord of the Worlds: [Al-Qalam 68:35-36]. But if the intention behind saying that if a Jew kills a Muslim man, it is permissible for us in the way of reciprocating with the like, this statement is only said regarding the dhimmi, whom they call today by another name, namely the citizen. As for the Jews, they are people of war. So if they kill a Muslim and we are able to kill them all, that is obligatory. But unfortunately, the painful reality reminds us that Muslims today in all lands of Islam are weak. This is a fact that does not require a person to delve into explaining it, because delving into it would be like obtaining what is already obtained. So I say: if a non-soldier from the Jews kills a non-combatant Muslim from the people of Palestine, and the Muslim or Muslims are able to kill dozens in return, it is permissible because the Jews are people of war. But is it in the interest of the Muslims, who are currently oppressed and humiliated in their own homeland, that if a casualty falls among them, they should avenge him against the Jews? They have the right to do so, as I mentioned earlier. But does the reality indicate that this is considered a victory for the Muslims, that they kill a Jew in return for a Muslim? Or will this open the door to retaliation against the Muslims, such that instead of the Muslims killing one in return for a Muslim, they will kill dozens of Muslims in return for this Jew? So from here, we say it is not permissible now to apply the rule as long as we are oppressed on earth, in order to repel the greater evil with the lesser evil. This is not because it is not permissible for a Muslim to kill a Jew in return for killing a Muslim; no, we have finished with that; it is permissible, and it is permissible to kill dozens of Jews in return for a Muslim. But the reality indicates that if Muslims kill a Jew, or even if they wound a Jew, you know from the news what they do to the Muslims. Therefore, we do not see that we should reciprocate evil with evil here, because reciprocating evil with evil will widen the circle of evil against the oppressed Muslims on earth. And so, we see, according to the rule we are confident in, that we should prepare ourselves for a day when we can uproot the root of the Jews and expel them from our lands, rather than taking revenge on one or two, or five, or ten Muslims who have been killed.
And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
فإن عاقبتم فعاقبوا بمثل ما عوقبتم بهThe Shaykh : Yes, it is permissible without doubt, even though this is contrary to the original principle. Islam is the embodiment of the statement of the Blessed and Exalted in the Qur'an:
And We have not sent you, [O Muhammad], except as a mercy to the worlds.
وما أرسلناك إلا رحمة للعالمينand no bearer of burdens will bear the burden of another
ولا تزر وازرة وزر أخرىSo whoever has assaulted you, then assault him in the same way that he has assaulted you
فمن اعتدى عليكم فاعتدوا عليه بمثل ما عتدى عليكم(35) Then will We treat the Muslims like the criminals? (36) What is [the matter] with you? How do you judge?
أفنجعل المسلمين كالمجرمين ما لكم كيف تحكمون
Source
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