Explanation of the author's statement: His saying (… and sorcery, and killing the soul which Allah has forbidden except by right.
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The Shaykh : This is shirk (associating partners with Allah). The second is… sorcery.
Sorcery is one of the destructive sins, and the apparent meaning of the words of the Prophet (peace and blessings be upon him) is that there is no difference between it being done through the jinn or through medicines and potions. Because if it is done through the jinn—which is not possible except by associating partners with them—it falls under shirk in the first category.
And if it is less than that, it is still a great crime; because sorcery, may Allah protect us, and it remains, may Allah protect us, like the state of animals, or even worse than animals, because the animal was created in that state according to its nature. But when a human being is diverted from his nature and fitrah (innate natural disposition), he is afflicted with anxiety and distress that only the Lord of creation knows. Therefore, shirk, sorcery is next in rank to what? Shirk with Allah (Mighty and Majestic) due to the crime of its doer and its harm to the servants of Allah, so it is one of the greatest destructive sins.
And the third:Sahih Muslim 89 Sahih Muslim 89 killing the soul: killing is the extinguishing of the spirit, and the soul refers to the body in which the spirit is.
And the soul intended here is the soul of a human being, not the soul of a camel, donkey, sheep, or the like. The soul intended here is the soul of a human being.
And his saying: : Where is the object of ?
The student: It is omitted.
The Shaykh : Omitted? What is the implied meaning?
The student: Allah forbade its killing.
The Shaykh : Yes. Which Allah has forbidden means He forbade its killing. It is also permissible that the implied meaning is that Allah forbade it, which He forbade. And in any case, the relative pronoun referring back to the antecedent is omitted, or not? The relative pronoun referring back to the antecedent is omitted. Good.
And his saying: He forbade its killing or He forbade it.
meaning: by justice; because this is a ruling. And we have mentioned previously that when "truth" (al-haqq) is mentioned in the context of rulings, it means justice justice is what Allah and His Messenger commanded [An-Nahl 16:90].
First: What is the forbidden soul? The soul of the believer, the dhimmi (a non-Muslim under Muslim protection), the mu'ahad (one with a treaty), and the musta'min (a non-Muslim granted safe conduct). These are four souls that are forbidden.
As for the believer, it is because of his faith. And as for the dhimmi, it is because of his protection (dhimmah), the mu'ahad because of his treaty, and the musta'min because of his safe conduct.
Good, what is the difference between the three? The difference between the believer and the others is clear. What is the difference between the three?
The difference: The dhimmi is one who has a dhimmah (protection) between us and him, meaning a covenant that he will reside in our lands and that we will protect him, in exchange for paying the jizyah (the tax on protected non-Muslims). Did you understand? He can be anywhere? Anywhere? In our lands, and it is our duty to protect him, and it is his duty to pay the jizyah. This is the dhimmi.
As for the mu'ahad; he resides in his own land, he resides in his own land, we have no involvement in that, but there is a covenant between us and him that he will not fight us and we will not fight him, he will not fight us and we will not fight him.
And as for the musta'min; he is one who has no covenant between us and him, but we granted him safe conduct in a specific matter, meaning for a specific time, like a man who entered our territory with safe conduct for buying and selling, for trade, and he is a non-Muslim (harbi), but at the border he said, "Will you grant me safe conduct so that I may enter with my goods, not harm, not attack, and return?" So we granted him safe conduct. This is called a musta'min. And likewise, if he requests safe conduct in order to understand Islam, and he does not understand Islam, we see that we also grant him safe conduct[At-Tawbah 9:6] We grant him safe conduct, and is he called a musta'min or a musta'min?
The student: ...
The Shaykh : With a kasrah on the mim, yes, with a kasrah on the mim, musta'min, because he is a seeker of safety, because he is a seeker of safety. We now know the difference between the mu'ahad and the dhimmi.
There is also another difference. A treaty is permissible with all types of disbelievers. A treaty is permissible with all types of disbelievers. But the dhimmah is not permissible except for the Jews, the Christians, and the Zoroastrians, not for the rest of the disbelievers. This is the well-known position in the school of jurisprudence. And the correct position is: that it is permissible with all disbelievers. This is the correct position, but the well-known position is that it is not permissible except with the Jews, the Christians, and the Zoroastrians. Good.
These four souls, is killing them forbidden or not? But are they equal in the prohibition or not? It is known that they are not equal. The soul of the believer is the greatest, the soul of the believer is the greatest, then the dhimmi, then the mu'ahad, then the musta'min. I am unsure if he is like the mu'ahad or higher. Yes, because the musta'min actually has a specific covenant, we granted him safety himself, unlike the mu'ahads. Who takes on the covenant for the mu'ahads? The people of authority and decision, their leaders. Yes, so there are no specific safety contracts between us and them. And in any case, the hadith is general: killing the soul which Allah has forbidden except by right.
The student: Shaykh.
The Shaykh : He said, yes.
The student: … The Christians of Najran are considered mu'ahads.
The Shaykh : It appears that they are considered in between. Considering their remaining in their lands, we do not have to protect them. Yes.
The student: ... .
The Shaykh : Hm?
The student: ... .
The Shaykh : Meaning if we opened it.
The student: ... .
The Shaykh : I do not know… If it is open, there is no problem, it is a Muslim land and there is nothing in it.
The student: ... .
The Shaykh : It was verified, it was verified after we opened it and made a treaty with them to remain in it, it is an Islamic land.
The student: ... .
The Shaykh : In any case, verify it and look into it.
Sorcery is one of the destructive sins, and the apparent meaning of the words of the Prophet (peace and blessings be upon him) is that there is no difference between it being done through the jinn or through medicines and potions. Because if it is done through the jinn—which is not possible except by associating partners with them—it falls under shirk in the first category.
And if it is less than that, it is still a great crime; because sorcery, may Allah protect us, and it remains, may Allah protect us, like the state of animals, or even worse than animals, because the animal was created in that state according to its nature. But when a human being is diverted from his nature and fitrah (innate natural disposition), he is afflicted with anxiety and distress that only the Lord of creation knows. Therefore, shirk, sorcery is next in rank to what? Shirk with Allah (Mighty and Majestic) due to the crime of its doer and its harm to the servants of Allah, so it is one of the greatest destructive sins.
And the third:
killing of one whom God has declared inviolate without a just cause
قتل النفس التي حرم الله إلا بالحقkilling of one whom God has declared inviolate without a just cause
قتل النفس التي حرم الله إلا بالحقAnd the soul intended here is the soul of a human being, not the soul of a camel, donkey, sheep, or the like. The soul intended here is the soul of a human being.
And his saying:
which Allah has forbidden
التي حرم اللهHe has forbidden
حرمThe student: It is omitted.
The Shaykh : Omitted? What is the implied meaning?
The student: Allah forbade its killing.
The Shaykh : Yes. Which Allah has forbidden means He forbade its killing. It is also permissible that the implied meaning is that Allah forbade it, which He forbade. And in any case, the relative pronoun referring back to the antecedent is omitted, or not? The relative pronoun referring back to the antecedent is omitted. Good.
And his saying:
Allah has forbidden
حرم اللهexcept by right
إلا بالحقexcept by right
إلا بالحقexcept by justice
إلا بالعدلIndeed, Allah orders justice
إن الله يأمر بالعدلFirst: What is the forbidden soul? The soul of the believer, the dhimmi (a non-Muslim under Muslim protection), the mu'ahad (one with a treaty), and the musta'min (a non-Muslim granted safe conduct). These are four souls that are forbidden.
As for the believer, it is because of his faith. And as for the dhimmi, it is because of his protection (dhimmah), the mu'ahad because of his treaty, and the musta'min because of his safe conduct.
Good, what is the difference between the three? The difference between the believer and the others is clear. What is the difference between the three?
The difference: The dhimmi is one who has a dhimmah (protection) between us and him, meaning a covenant that he will reside in our lands and that we will protect him, in exchange for paying the jizyah (the tax on protected non-Muslims). Did you understand? He can be anywhere? Anywhere? In our lands, and it is our duty to protect him, and it is his duty to pay the jizyah. This is the dhimmi.
As for the mu'ahad; he resides in his own land, he resides in his own land, we have no involvement in that, but there is a covenant between us and him that he will not fight us and we will not fight him, he will not fight us and we will not fight him.
And as for the musta'min; he is one who has no covenant between us and him, but we granted him safe conduct in a specific matter, meaning for a specific time, like a man who entered our territory with safe conduct for buying and selling, for trade, and he is a non-Muslim (harbi), but at the border he said, "Will you grant me safe conduct so that I may enter with my goods, not harm, not attack, and return?" So we granted him safe conduct. This is called a musta'min. And likewise, if he requests safe conduct in order to understand Islam, and he does not understand Islam, we see that we also grant him safe conduct
And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety
وَإِنْ أَحَدٌ مِنَ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ حَتَّى يَسْمَعَ كَلامَ اللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُThe student: ...
The Shaykh : With a kasrah on the mim, yes, with a kasrah on the mim, musta'min, because he is a seeker of safety, because he is a seeker of safety. We now know the difference between the mu'ahad and the dhimmi.
There is also another difference. A treaty is permissible with all types of disbelievers. A treaty is permissible with all types of disbelievers. But the dhimmah is not permissible except for the Jews, the Christians, and the Zoroastrians, not for the rest of the disbelievers. This is the well-known position in the school of jurisprudence. And the correct position is: that it is permissible with all disbelievers. This is the correct position, but the well-known position is that it is not permissible except with the Jews, the Christians, and the Zoroastrians. Good.
These four souls, is killing them forbidden or not? But are they equal in the prohibition or not? It is known that they are not equal. The soul of the believer is the greatest, the soul of the believer is the greatest, then the dhimmi, then the mu'ahad, then the musta'min. I am unsure if he is like the mu'ahad or higher. Yes, because the musta'min actually has a specific covenant, we granted him safety himself, unlike the mu'ahads. Who takes on the covenant for the mu'ahads? The people of authority and decision, their leaders. Yes, so there are no specific safety contracts between us and them. And in any case, the hadith is general: killing the soul which Allah has forbidden except by right.
The student: Shaykh.
The Shaykh : He said, yes.
The student: … The Christians of Najran are considered mu'ahads.
The Shaykh : It appears that they are considered in between. Considering their remaining in their lands, we do not have to protect them. Yes.
The student: ... .
The Shaykh : Hm?
The student: ... .
The Shaykh : Meaning if we opened it.
The student: ... .
The Shaykh : I do not know… If it is open, there is no problem, it is a Muslim land and there is nothing in it.
The student: ... .
The Shaykh : It was verified, it was verified after we opened it and made a treaty with them to remain in it, it is an Islamic land.
The student: ... .
The Shaykh : In any case, verify it and look into it.