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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: And his saying (… and inform them that if they do that, they will have what the Muhajireen have, and they will be obligated to what the Muhajireen are obligated to.

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The Shaykh : He said:
inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen وأخبرهم أنهم إن فعلوا ذلك فلهم ما للمهاجرين وعليهم ما على المهاجرين
Sahih Muslim 1731a, b
This is the completion of justice. It is not said that because you came later, the right belongs to the first settler. As long as a man travels, settles, and resides, he has what the original resident of the town has. And for this reason, he said:
Inform them that they will have what the Muhajireen have, and they will be obligated to what the Muhajireen are obligated to. أخبرهم أن لهم ما للمهاجرين وعليهم ما على المهاجرين
Musannaf Abd al-Razzaq 13:149
They have what the Muhajirun have. لهم ما للمهاجرين
from the war spoils and the booty, and they will be obligated to what the Muhajireen are obligated to, such as jihad and support, and so on. Thus, they will be equal to those who were before them from the original residents of the town. If they refuse to relocate, they say, "We will not leave our land; we will remain in our land and in our deserts."
but if they refuse to transfer from them tell them they will be like the desert Arabs who are Muslims, subject to God’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims فإن أبوا أن يتحولوا منها فأخبرهم أنهم يكونون كأعراب المسلمين يجري عليهم حكم الله تعالى ولا يكون لهم في الغنيمة والفيء شيء إلا أن يجاهدوا مع المسلمين
Mishkat al-Masabih 3929
Now, after Islam, they are also being called to what? To relocating to the land of the Muhajireen. And this is the highest status. If they refuse except to remain in their place, they become like the Bedouins of the Muslims, and the rulings of Allah the Mighty and Majestic apply to them, and they have no share in the war spoils or the booty, unless they fight. If they fight, they are like the other fighters and they obtain the war spoils. The apparent meaning of the hadith is that they obtain the war spoils and the booty. It is possible to say that they only obtain the war spoils. And for this reason, the scholars differed on whether the Bedouins are entitled to a share of the booty or whether they are only entitled to zakah, and the booty belongs to the people of the towns. This returns to the exception here, because he said:
They will have no share in the war spoils or the booty, unless they fight alongside the Muslims. لا يكون لهم في الغنيمة ولا الفيء شيء إلا أن يجاهدوا مع المسلمين
And what does the fighter deserve? War spoils or booty?
The student: War spoils.

The Shaykh : He deserves war spoils, so the exception here refers to his saying:
In the war spoils. في الغنيمة
As for the booty, they do not deserve it, because the one in the town is not mobilized for jihad and does not learn and spread the religion like a Bedouin with his camels and in his pastures. So he does not deserve the booty. And it is known from the madhhab of Imam Ahmad (may Allah have mercy on him) that they have a right to the booty and the war spoils. They have a right to the booty and the war spoils if they fight alongside the Muslims. But they have a right to the booty absolutely, and to the war spoils if they fight. He says:
If they refuse. فإن هم أبوا
Yes.

The questioner : It applies to them.

The Shaykh : Yes, the ruling of Allah and His Messenger applies to them in everything, such as the obligation of zakah, for example, they pay it to the imam and to the collectors. And likewise, the assessment of crops applies to them if they are owners of fruits or crops. The important point is that all the rulings of Allah apply to them.

The questioner : Shaykh.

The Shaykh : Yes

The questioner : This ...

The Shaykh : No, no, it doesn't come to us now.

The questioner : Shaykh, if someone were to say…

The Shaykh : Okay,
If they refuse. فإن هم أبوا
They refused what? They refused Islam. They refused Islam. If they became Muslims, what is sought from them?
The student: Relocation.

The Shaykh : Relocation to the lands of the Muhajireen. Then the second stage: if they refuse to be like the Bedouins of the Muslims, and in this case, either they fight alongside the Muslims or they do not fight. If they fight, they have a share of the war spoils and the booty. If they do not fight, they have nothing of the war spoils, and the booty is a matter of consideration. So, after Islam, how many ranks do they have?
The student: Two ranks.

The Shaykh : They have three ranks after Islam. Three ranks: relocating to the land of the Muhajireen, remaining in their places with jihad, and remaining in their places without jihad. Do you understand? Three ranks after Islam. As for if they did not become Muslims, he said:
If they refuse. فإن أبوا
If they refuse. فإن هم أبوا
If they refuse. فإن هم أبوا
Bedouins.
they هُم
According to the Basrans, this is an emphasis of the omitted subject with the conditional verb, and the estimation is "if they, they, refused." And according to the Kufans, it is a subject and its predicate is "ha."
The student: The sentence.

The Shaykh : The sentence after it. And the rule for us when the grammarians differ on an issue is to follow the easiest one. And on this basis, the easiest is to say that
They هم
is a subject and the sentence is the predicate of the subject.
And his saying:
But if they refuse, then seek the help إن هم أبوا فاستعن
Sunan Ibn Majah 2858Sahih (Darussalam)
This is the answer to the condition.
Seek help from Allah and fight them. فاستعن بالله وقاتلهم

The student: ...

The Shaykh : How? Yes, yes, yes.
Sulaiman bin Buraidah narrated on the authority of his father on the authority of 'A’ishah (RAA), “Whenever Allah’s Messenger appointed a commander over an army or a Sariyah, he would instruct him to fear Allah in his own behavior and consider the welfare of the Muslims who were with him. He then used to say “Go out for Jihad in Allah’s name, in the Cause of Allah, and fight those who disbelieve in Allah. Go out for Jihad and do not indulge in Ghulul, or be treacherous or mutilate (dead bodies) or kill a child. When you meet your enemy, or the polytheists, invite them to three courses of action, and accept whichever of them they are willing to agree to, and withhold from doing anything else: Call them to Islam, and if they agree accept it from them. Then invite them to migrate from their land to the land of the Emigrants (i.e. al-Madinah), if they refuse, then tell them they will be like the Muslim desert Arabs, thus they will have no right in the Ghanimah or Fai’ unless they participate in Jihad with the Muslims. If they refuse (to accept Islam) order them to pay the Jizyah and if they agree, accept it from them. If they refuse, seek Allah, the Most High’s help against them and fight them. When you besiege a fortress, and its people wish you to grant them the protection of Allah and His Prophet, grant them neither but grant them your protection, for it is less serious (a lesser guilt) to break your guarantee of protection than to break that of Allah’s. And if they offer to capitulate under the condition that they are subjected to the judgment of Allah, do not grant them this, but judge according to your own command, for you do not know whether or not you will be able to carry out Allah, the Most High’s Judgment regarding them.” Related by Muslim. فإن هم أبوا فاسألهم الجزية
Bulugh al-Maram 11:11
Do you ask them a question of giving or a question of teaching?
The student: Teaching.
The student: Giving.

The Shaykh : A question of giving. And the difference between a question of teaching and a question of giving is that a question of teaching, which intends to inform, is transitive with "an" (about) to its second object. It is transitive with "an" to… with "an." So it is said, "I asked him about such and such." Allah the Exalted said:
(1) A supplicant asked for a punishment bound to happen (2) To the disbelievers; of it there is no preventer. سأل سائل بعذاب واقع للكافرين
[Al-Ma'arij 70:1-2]
with a punishment بعذاب
meaning about a punishment that has befallen, or that in the verse, a questioner asked and was answered:
about a punishment that is certain to befall بعذاب واقع
And this is the correct interpretation of the verse.
They ask you about the Hour يسألونك عن الساعة
What is this question? A question of seeking knowledge, a question of inquiry. As for a question of giving, it is like His saying in the Qudsi hadith:
Whoever asks Me من يسألني
In the hadith in which the Prophet (peace and blessings be upon him) informed about his Lord, saying:
Whoever asks me, I give to him من يسألني فأعطيه
And this is transitive to the second object by itself, so you say, "I asked Zayd for money." And from this is this hadith:
Ask them for the jizyah فاسألهم الجزية

The jizyah is a verbal noun from "jaza" (to reward), and it is apparent that it is a reward for something. It is a term for money paid without a favor, paid by the non-Muslim in exchange for his protection and his residence in our land. Do you understand? The jizyah is money paid by the non-Muslim in exchange for what? His protection and his residence in our land. Because the one of the dhimmah from whom the jizyah is taken is protected by the Muslims; his blood is inviolable, and likewise his wealth and his offspring. But he pays the jizyah. And Allah the Exalted said in describing their payment of the jizyah:
willingly while they are humbled. عن يد وهم صاغرون
[At-Tawbah 9:29]
from the hand عن يد
meaning that they hand it over with their own hands. It is not acceptable for him to send his servant or his son with it. He must bring it himself. And it was said:
from the hand عن يد
from your strength.
from the hand عن يدٍ
Because the hand in language is used for strength. And the correct view is that it includes both meanings, meaning they give the jizyah "an yad" (by hand) "an dhill" (in a state of subjection) "min quwwatikum" (from your strength), and "an yad" (by hand) directly, he hands it over with his hand. And some scholars said:
from the hand عن يد
that he gives it to you, and then you take it by force, dragging his hand by force until your strength is clear to him. Your strength. Yes. But the correct view is that it does not need that. If he comes and hands it over with his hand, and I feel that I am stronger than him by my religion, that is sufficient. And his saying:
and they are humbled وهم صاغرون
also means that they must be characterized by humility, which is lowliness and abasement. He does not come in a Cadillac. Yes, and he does not enter with pomp. Yes, a distinctive turban and a cap on the forehead, and the like. And oh God, he walks… his feet off the ground. Yes, this is not possible. He comes with this characteristic. He comes with the characteristic of what? Humility and subjection. And with that, the scholars said it is recommended that you do not take it from him while he is standing in a way that humiliates him. Let him stand. Yes, until… on his feet. And then say, "Give us the jizyah." Or after he extends it to you. Yes.
The student: ...

The Shaykh : How?
The student: ...

The Shaykh : No, no, it… I am afraid he will leave. The important thing is that this transaction is sufficient without that. If they give us the jizyah and come in a state of humility, and come in a state of humility, not… not in a state of pomp, that is sufficient. And we ask Allah the Exalted to restore the glory so that this matter is achieved.
The reader:
So if they ask you to grant them the protection of Allah and the protection of His Messenger, do not grant them the protection of Allah and the protection of His Messenger, but grant them your protection and the protection of your companions, for if you break فأرادوك أن تجعل لهم ذمة الله وذمة نبيه فلا تجعل لهم ذمة الله وذمة نبيه، ولكن اجعل ذمتك وذمة أصحابك فإنكم إن تخفروا


The Shaykh : that
The reader: That you transgress.

The Shaykh : You transgress.
The reader:
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. ذممكم وذمة أصحابكم أهون من أن تُخفروا ذمة الله وذمة نبيه وإذا حاصرت أهل حِصن فأرادوك أن تنزلهم على حكم الله فلا تنزلهم على حكم الله ولكن أنزلهم على حكمك فإنك لا تدري أتصيب فيهم حكم الله أم لا
Sahih Muslim 1731a, b
Narrated by Muslim.

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and blessings and peace be upon our Prophet Muhammad, and upon his family and all his Companions.
The Prophet (peace and blessings be upon him) said:
If they agree to pay, accept it from them and hold off your hands. فإن هم أجابوك فاقبل منهم وكف عنهم
Sahih Muslim 1731a, b
If they respond to you with the payment of the jizyah,
accept it from them and refrain from them فاقبل منهم وكف عنهم
Sunan Abi Dawud 2612Sahih (Al-Albani)
from them عنهم
meaning from fighting them. And the jizyah is the money that is imposed on the non-Muslim in exchange for his protection and his residence in the lands of the Muslims. And it has been mentioned to us before how it is taken from them. It is taken
willingly while they are humbled. عن يد وهم صاغرون
[At-Tawbah 9:29]
Okay.
Source alathar.net

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

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