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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to declare a disbeliever one who kills another, based on the hadith "Do not return after me as disbelievers, killing one another"? And if the one in authority compels him to fight, must he obey, because if he flees from the battle, he will be killed?

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The Shaykh : And the last question is from Muhammad Mutawalli. It appears that Muhammad Mutawalli is present. All right, is it permissible to declare a disbeliever one who kills another, because among the Muslims, as in the hadith
Do not return to unbelief after me by striking the necks of one another. لا ترجعوا بعدي كفارا يضرب بعضكم رقاب بعض
Sahih Muslim 65
, and since each of the two groups sees that the truth is with them, and if that is the case, then what about one of the fighters who knows that if he disobeys the one in authority by not participating in the fighting when he is compelled to do so, knowing that this refusal is punished with what may amount to death, especially if he flees from the battle?
The correct view is that the fighting of Muslims against one another is disbelief, as the Prophet (peace and blessings be upon him) said, but it is not the disbelief that takes one out of the religion, as evidenced by his statement in the authentic hadith:
Abusing a Muslim is an outrage and fighting against him is unbelief سباب المسلم فسوق وقتاله كفر
Sahih Muslim 64a
And when the term "disbelief" is used in a general sense, it does not mean absolute disbelief that takes one out of the religion. Yes.
We have answered what we saw a need to answer, regarding Masfir, and this.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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