The statement of Musa (peace be upon him) in the hadith of intercession, "I killed a soul for which I was not commanded to kill it": Some have cited this as evidence for the permissibility of killing a disbeliever in a state of weakness. Is this correct?
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The questioner : In the long hadith of intercession, Musa (peace be upon him) says: Sahih Muslim 194a.
The Shaykh : Yes.
The questioner : Some have cited this as evidence for the impermissibility of killing a disbeliever in a state of weakness. Is this correct?
The Shaykh : In a state of what?
The questioner : In a state of weakness.
The Shaykh : Weakness?
The questioner : Yes. They said: Because Musa was in a state of weakness.
The Shaykh : No, he killed a disbeliever in a situation where he was not being killed. Yes, that is correct. That is, a disbeliever who has a treaty, safe conduct, or protected status (dhimmah) with us is forbidden to be killed. But the one who has no treaty, safe conduct, or protected status with us, and who is at war with us, such that if he were able to overpower us, he would kill us.
I, in fact, killed a person whom I had not been ordered to kill.
إني قتلت نفسا لم أومر بقتلهاThe Shaykh : Yes.
The questioner : Some have cited this as evidence for the impermissibility of killing a disbeliever in a state of weakness. Is this correct?
The Shaykh : In a state of what?
The questioner : In a state of weakness.
The Shaykh : Weakness?
The questioner : Yes. They said: Because Musa was in a state of weakness.
The Shaykh : No, he killed a disbeliever in a situation where he was not being killed. Yes, that is correct. That is, a disbeliever who has a treaty, safe conduct, or protected status (dhimmah) with us is forbidden to be killed. But the one who has no treaty, safe conduct, or protected status with us, and who is at war with us, such that if he were able to overpower us, he would kill us.