Explanation of the author's statement: And his saying (...... and do not mutilate, and do not kill a child.
Machine translationRead the Arabic original
The Shaykh : And what is the meaning of mutilation? Mutilation is disfiguring by cutting off limbs or the like. And when we gain control over the enemy by capturing them or wounding them, it is not permissible for us to mutilate them. It is not permissible to mutilate them, because this mutilation is not needed; rather, it is revenge in an inappropriate place. So if we overpower these enemies and capture them, it is not permissible to cut off their noses, or their ears, or their tongues, or their hands, or their feet. This is forbidden, because the Messenger said: The scholars differed on whether, if they do that to us, we should do it to them or not? That is, if they capture one of us or wound him and harm him, should we mutilate them or not? Some of them took the generality of: And the Messenger (peace and blessings be upon him) did not exclude anything. And if they transgress against us with mutilation, we do not transgress against them with mutilation, because if we mutilate, for example, Zayd, it may be that Zayd does not approve of his people mutilating those who are worse than us or who have taken [prisoners]. So how do we mutilate him? And some of the people of knowledge said, rather, we mutilate them if they mutilate us, because this generality is opposed by another generality. What is it?
The student: Whoever transgresses against you
The Shaykh :[Al-Baqarah 2:194] And if we do not mutilate them while they are mutilating us, they may interpret that as
The student: weakness
The Shaykh : weakness and incapacity. Yes. And if we mutilate them, they will know that we have strength, and perhaps they will desist from mutilation out of fear that we will mutilate them. The issue requires research, but the interest, as it appears, necessitates that if they mutilate us, we mutilate them. If you say that mutilation may happen to one of them, and he does not approve of his people mutilating our people, the answer is that the single action of one of a single nation is the action of the whole, because by their commitment or lack of commitment, they are like one person. Allah (Mighty and Majestic) addresses the Jews in the time of the Messenger (peace and blessings be upon him) regarding matters that happened to whom? To those who were in the time of Moses.[Al-Baqarah 2:72] Here. [Al-Baqarah 2:63] And the like of that. Why? Because they are one nation. So the favor of Allah upon some of them is a favor upon all of them.
He said: Who is the child? The child is the young one. It is not permissible to kill him. Why? Because this young child does not fight. And if he does not fight, how do we kill him? What is his sin? And because he may become a Muslim. And likewise in other hadiths, we do not kill a monk, or an old man who is declining, or a woman, unless they fight or incite. If they fight or incite, or if they have an opinion in the war and its direction, then they are killed, as Duraayd ibn al-Simah was killed in the expedition of Thaqif. Yes. So if he has an opinion and advice, or direct participation in fighting, then they are killed. And some of the people of knowledge used this hadith as evidence that fighting is not for the sake of Islam, but for the protection of Islam. The best evidence for that is that we do not kill these people. If it were for the sake of Islam, we would have killed them if they did not become Muslims. And this issue has a long disagreement among the scholars, and the Shaykh al-Islam (may Allah have mercy on him) held that fighting the disbelievers is for the protection of Islam, and not to compel them to Islam. And he has a famous treatise on that, titled "Fighting the Disbelievers."
Now,Sahih Muslim 1731a, b Look, what did the Messenger say? Sunan Abi Dawud 2612Sahih (Al-Albani) To incite, yes, to incite fighting them. To incite fighting them, because if you know that they are enemies to you, that calls you to fight them. And for this reason, Allah the Exalted said: [Al-Mumtahanah 60:1] He did not say "Do not take the Jews and the Christians as awliya (close friends of Allah)" as He said in another verse, but He said: More comprehensive. Sahih Muslim 1731a, b Who is the enemy? The enemy is the opposite of the wali (close friend of Allah), and the wali (close friend of Allah) is the opposite of the enemy. Yes. And who is the enemy?
The student: The opposite of the wali (close friend of Allah)
The Shaykh : So the wali (close friend of Allah) revolves around the one who takes charge of your affairs and cares for you with support, because he is the most deserving of you and the closest to you. A wali (close friend of Allah) is a close relative, and the enemy is the opposite: the one who betrays you, opposes you, and distances himself from you. Pay attention to the word because it has a significance in that, which will be mentioned later. The word does it include all the disbelievers or not? Even the Jews and the Christians?
The student: Yes.
The Shaykh : Even the worshippers of idols?
The student: Yes.
The Shaykh : Yes, even the worshippers of idols.
Sahih Muslim 1731a, b His saying: Sunan Abi Dawud 2612Sahih (Al-Albani) "Khassal" and "khalal" mean the same thing. And if they mean the same thing, it is known that
The student: is for doubt
The Shaykh : is for doubt, or not? Yes, because he saidSahih Muslim 1731a, b Now, if I said to you "upon an army or a detachment" why did we not say that it is for doubt?
The student: ...
The Shaykh : Because of the difference in meaning. Now, yes.Sahih Muslim 1731a, b Sahih Muslim 1731a, b What is the grammatical analysis of this? It is a conditional noun. Yes, I have a benefit. "Ayyatuhun" is in the nominative case.
The student: The subject.
The Shaykh : It is the subject, and it is a conditional noun, and is extra, and is in ... the condition, for emphasis of the generality, as in His saying the Exalted: [Al-Isra 17:110] Yes. Now. The "kaf" is the object, and where is the relative pronoun referring back to the conditional noun? Because it is necessary to link the condition with its noun, the conditional noun, just as the relative clause of a relative pronoun must have a relative pronoun, and the predicate of a subject must have a link. We say it is omitted, and the estimation is "fa-ayyatuhun ma ajabokum ilayhi," meaning whichever one they respond to, they respond to it, they respond to it. Sunan Abi Dawud 2612Sahih (Al-Albani) This is the answer to the condition: "Accept from them" regarding the one, and means do not fight them, because at first they fought. Yes. And here he said: Sunan Abi Dawud 2612Sahih (Al-Albani) So if we now present to them three things, if they respond to the first, we do not present the second. If they respond to the second, if they refuse the first, we present the second. If they respond to it, we do not call them to the third. If they do not respond, we call them.
And the estimation would be "So accept from them and hold back from them." Because if "thumma" were not extra, the "khalal" or "khassal" would be specified and not unspecified.
The student: Unspecified
The Shaykh : Unspecified, because "thumma" is for conjunction, and conjunction implies difference. So what comes after it is different from what comes before it. Therefore, the correct view is that it is omitted. Now, it can be said that his saying is not from the speech of the Prophet (peace and blessings be upon him), but it is
The student: from the narrator
The Shaykh : from the speech of the narrator. So the meaning of "fa-ayyatuhun ma ajabokum"Sahih Muslim 1731a, b is as if the narrator said, "Then he says," meaning after he says, he summarizes it as three things or three matters, and then he says: But this is contrary to the original, and asserting that it is extra, as the narration of Abu Dawud indicates, is easier than this restriction. Who wants to ask?
The student : Shaykh
The Shaykh : He advised him regarding the Muslims with him to do good to them. Yes, now.
Is it a superlative or a simple form without superlative? O 'Abdullah ... So the intended meaning is what is the opposite of the condition? I am asking you.
The student: ...
The Shaykh : What is it?
The student: ...
The Shaykh : Meaning its meaning is that he ...
The student: does with them what he sees as best
The Shaykh : What he sees as best. Correct. Now, have we reached what we reached to this?
Sunan Abi Dawud 2612Sahih (Al-Albani) His saying (peace and blessings be upon him): The intended meaning is Islam that includes faith, because it has passed us that Islam, when mentioned alone, encompasses
The student: faith
The Shaykh : faith, and faith, when mentioned alone, encompasses Islam. So if they are combined, they differ, as the Prophet (peace and blessings be upon him) distinguished between them in the hadith of
The student: Jibril
The Shaykh : Jibril. And faith, according to the people of the Sunnah and the community, includes deeds, by the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 35b Sunan Abi Dawud 2612Sahih (Al-Albani) And this is what the Muslims want from fighting their enemies. They do not want anything but Islam. If they become Muslims, they are our brothers, and it is not permissible for us to fight them after that.
And here, he is only fighting Bedouins, people of the desert. So if they become Muslims, they are required to migrate to the land of the emigrants to learn the religion of Allah, because a person in the desert is far from knowledge, far from the religion, as He said the Exalted: [At-Tawbah 9:97] They are called to migrate to the land of the emigrants. And this is a principle in settling, what? The desert. It is a known program among states, settling the desert people, so that they do not remain in roughness, harshness, fragmentation, and dispersion. And his saying: Is the intended meaning the species or the intended meaning the specific entity? That is, is the intended meaning the city itself, or the land, the land of the emigrants, the land that is suitable for migration to because it is a land of Islam, whether it is the city or not the city? Yes.
The student: ...
The Shaykh : Regarding the possibility of the literal meaning, there is a possibility because if you look at the first possibility, which is that the intended meaning is Madinah, I say that the Messenger of Allah (peace and blessings be upon him) used to refer to it by its name, Madinah, and did not use the general derived description. And if you look at the fact that the first home of the emigrants is Madinah, this is more likely. The apparent view, and Allah knows best, is that it is comprehensive, meaning that by "the home of the emigrants" is meant the home to which one emigrates, which is the home of Islam. However, we do not know if this hadith was early, for we do not know of any country that is considered an independent Islamic country except
The student : Madinah
The Shaykh : except Madinah
Do not mutilate
ولا تمثِّلواDo not mutilate
لا تمثلواDo not mutilate
لا تمثلواThe student: Whoever transgresses against you
The Shaykh :
So whoever has assaulted you, then assault him in the same way that he has assaulted you
فمن اعتدى عليكم فاعتدوا عليه بمثل ما اعتدى عليكمThe student: weakness
The Shaykh : weakness and incapacity. Yes. And if we mutilate them, they will know that we have strength, and perhaps they will desist from mutilation out of fear that we will mutilate them. The issue requires research, but the interest, as it appears, necessitates that if they mutilate us, we mutilate them. If you say that mutilation may happen to one of them, and he does not approve of his people mutilating our people, the answer is that the single action of one of a single nation is the action of the whole, because by their commitment or lack of commitment, they are like one person. Allah (Mighty and Majestic) addresses the Jews in the time of the Messenger (peace and blessings be upon him) regarding matters that happened to whom? To those who were in the time of Moses.
And [recall] when you slew a man and disputed over it
وإذ قتلتم نفساً فادارأتم فيهاAnd [recall] when We took your covenant, [O Children of Israel, to abide by the Torah] and We raised over you the mount
وإذ أخذنا ميثاقكم ورفعنا فوقكم الطورHe said:
And do not kill a child
ولا تقتلوا وليداAnd do not kill a child
ولا تقتلوا وليداNow,
do not kill the children. When you meet your enemies who are polytheists
ولا تقتلوا وليدا وإذا لقيت عدوك من المشركينWhen you meet the polytheists who are your enemy
إذا لقيت عدوك من المشركينO you who have believed, do not take My enemies and your enemies as allies
يا أيها الذين آمنوا لا تتخذوا عدوي وعدوكم أولياءMy enemy and your enemy
عدوي وعدوكمWhen you meet your enemies who are polytheists
وإذا لقيت عدوك من المشركينThe student: The opposite of the wali (close friend of Allah)
The Shaykh : So the wali (close friend of Allah) revolves around the one who takes charge of your affairs and cares for you with support, because he is the most deserving of you and the closest to you. A wali (close friend of Allah) is a close relative, and the enemy is the opposite: the one who betrays you, opposes you, and distances himself from you.
of the mushrikin
مِن المشركينFrom among the polytheists
من المشركينFrom among the polytheists
من المشركينThe student: Yes.
The Shaykh : Even the worshippers of idols?
The student: Yes.
The Shaykh : Yes, even the worshippers of idols.
invite them to three courses of action
فادعم إلى ثلاث خصال أو خلالthree things
ثلاث خصال أو خلالOr
أوThe student: is for doubt
The Shaykh : is for doubt, or not? Yes, because he said
invite them to three courses of action
ادعهم إلى ثلاث خصال أو خلالThe student: ...
The Shaykh : Because of the difference in meaning. Now, yes.
It has been reported from Sulaiman b. Buraida through his father that when the Messenger of Allah (ﷺ) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of the Muhajireen and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them. When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated. When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.
فأيتهن ما أجابوك فاقبل منهمIf they respond to any one of these, you also accept it and withhold yourself from doing them any harm.
فأيتُهن ما أجابوك فاقبل منهم وكف عنهمwhichever of them
أيتُهنThe student: The subject.
The Shaykh : It is the subject, and it is a conditional noun, and
not
ماnot
ماWhichever [name] you call - to Him belong the best names.
أيا ما تدعوا فله الأسماء الحسنىSo whichever of them responds to you
فأيتهن ما أجابوكresponded to you
أجابوكaccept it from them and refrain from them
فاقبل منهم وكف عنهمand hold back from them
وكف عنهمaccept it from them and refrain from them
فاقبل منهم وكُف عنهمAnd the estimation would be "So accept from them and hold back from them."
Call them to Islam
ادعهم إلى الإسلامThe student: Unspecified
The Shaykh : Unspecified, because "thumma" is for conjunction, and conjunction implies difference. So what comes after it is different from what comes before it. Therefore, the correct view is that it is omitted.
Call them to Islam
ادعهم إلى الإسلامThen
ثمThe student: from the narrator
The Shaykh : from the speech of the narrator. So the meaning of "fa-ayyatuhun ma ajabokum"
invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm
ادعم إلى ثلاثة خصال أو خلال فأيتهن ما أجابوك فاقبل منهم وكُف عنهمCall them
ادعهمThe student : Shaykh
The Shaykh : He advised him regarding the Muslims with him to do good to them. Yes, now.
Is it a superlative or a simple form without superlative? O 'Abdullah ... So the intended meaning is what is the opposite of the condition? I am asking you.
The student: ...
The Shaykh : What is it?
The student: ...
The Shaykh : Meaning its meaning is that he ...
The student: does with them what he sees as best
The Shaykh : What he sees as best. Correct. Now, have we reached what we reached to this?
Summon them to Islam and if they agree, accept it from them
ثم اعدهم إلى الإسلام فإن أجابوك فاقبل منهمCall them to Islam
ادعهم إلى الإسلامThe student: faith
The Shaykh : faith, and faith, when mentioned alone, encompasses Islam. So if they are combined, they differ, as the Prophet (peace and blessings be upon him) distinguished between them in the hadith of
The student: Jibril
The Shaykh : Jibril. And faith, according to the people of the Sunnah and the community, includes deeds, by the saying of the Prophet (peace and blessings be upon him):
It is narrated on the authority of Abu Huraira that the Messenger of Allah (may peace and blessings be upon him) said: Faith has over seventy branches or over sixty branches, the most excellent of which is the declaration that there is no god but Allah, and the humblest of which is the, removal of what is injurious from the path: and modesty is a branch of faith.
الإيمان بضع وسبعون شعبة أعلاها قول لا إله إلا الله وأدناها إماطة الأذى عن الطريقif they agree, accept it from them
فإن أجابوك فاقبل منهمThen call them, after they have submitted, to migrate from their land to the land of the emigrants
ثم ادعهم بعد أن يُسلموا إلى التحول من دارهم إلى دار المهاجرينThe bedouins are stronger in disbelief and hypocrisy and more likely not to know the limits of what [laws] Allah has revealed to His Messenger
الأعراب أشد كفرا ونفاقا وأجدر أن لا يعلموا حدود ما أنزل الله على رسولهto the home of the emigrants.
إلى دار المهاجرينThe student: ...
The Shaykh : Regarding the possibility of the literal meaning, there is a possibility because if you look at the first possibility, which is that the intended meaning is Madinah, I say that the Messenger of Allah (peace and blessings be upon him) used to refer to it by its name, Madinah, and did not use the general derived description. And if you look at the fact that the first home of the emigrants is Madinah, this is more likely. The apparent view, and Allah knows best, is that it is comprehensive, meaning that by "the home of the emigrants" is meant the home to which one emigrates, which is the home of Islam. However, we do not know if this hadith was early, for we do not know of any country that is considered an independent Islamic country except
The student : Madinah
The Shaykh : except Madinah
