Continuation of the Explanation of the Hadith Concerning the Action of Khalid ibn al-Walid with Banu Jadhimah.

The Shaykh : The translation states that if a judge rules with injustice, meaning with oppression or contrary to the scholars, contrary to consensus, then his ruling is rejected. This is what the scholars, may Allah have mercy on them, mentioned. They said, "The judge's ruling resolves disagreement but does not invalidate consensus." The meaning of their statement that it resolves disagreement is that if there is disagreement in an issue and he rules with one of the opinions, his ruling becomes effective and the disagreement is lifted. An example of this is if he rules that the triple divorce is effective and that the woman is thereby separated, then it is executed. If he rules that the neighbor has the right of pre-emption, his ruling is executed, and so on with the remaining issues of disagreement. However, it does not lift consensus; consensus is not lifted by it. If they reach consensus on an issue and he rules contrary to their consensus, then it is invalidated. The scholars said, "The judge's ruling is not invalidated except by what contradicts the Book, the Sunnah, or the consensus, or what is believed." Then he mentioned the story of the Prophet (peace and blessings be upon him) sending Khalid ibn al-Walid to Banu Jadhimah to call them to Islam. They accepted Islam, but they erred in their wording, saying "Sabana, Sabana." The *Sabi* among the Arabs is the one who exits the religion. So he understood from them that they were saying they would not submit and that they were *Sabi*. He killed them, may Allah be pleased with them. He kept killing and taking prisoners, and he handed the prisoners to the soldiers. Then he ordered that every man kill his prisoner. When that reached the Prophet (peace and blessings be upon him and his family), he disavowed it. His disavowal of it means its rejection. This is evidence that whoever contradicts the text is rejected, as al-Bukhari, may Allah have mercy on him, said.