Explanation of the author's statement: And his saying (… If they refuse, then seek help from Allah and fight them.
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The Shaykh : He says: Bulugh al-Maram 11:11 here
The student: ...
The Shaykh : How?Sahih Muslim 1731a, b We have previously analyzed the grammar of "they refused" and said that according to the opinion of the Kufans, it is
The student: The subject.
The Shaykh : a subject and the sentence is the predicate. As for the opinion of the Basrans, then is the subject of a deleted verb or an emphasis for the subject of a deleted verb, the estimation being: here: if they refused, they did, and the second sentence has no grammatical position because it is an explanation of the first sentence.
So the Prophet (peace and blessings be upon him) began by seeking help from Allah, because if He does not help you in your jihad against your enemies, then you are left helpless.
Sunan Abi Dawud 2612Sahih (Al-Albani) to the end of it Besieging means tightening the grip, and the meaning is that you have encircled them and tightened things for them such that they cannot exit their fortress and no one can enter to them. If you besiege them and the people of the fortress, the fortress being anything by which one fortifies oneself, such as palaces, enclosures, or others, and his saying: Jami` at-Tirmidhi 1617Sahih (Darussalam) means they asked you. Here, the intention is used in the sense of asking, otherwise the original is that it is transitive with "from," so they asked you Jami` at-Tirmidhi 1617Sahih (Darussalam) to make the protection of Allah for them, is that so with you? And not Jami` at-Tirmidhi 1617Sahih (Darussalam)
The student: To make the protection of Allah for them
The Shaykh : Yes, exactlyJami` at-Tirmidhi 1617Sahih (Darussalam) Jami` at-Tirmidhi 1617Sahih (Darussalam) Protection is a covenant. So if the besieged people of the fortress say, "We want to descend to the covenant of Allah and His Messenger," it is not permissible to let them descend to the covenant of Allah and His Messenger. Why? He explained that by saying: Mishkat al-Masabih 3929 with a dammah on the ta and a kasrah on the fa, from the quadriliteral root "akhfara," meaning to betray. As for "khafara" (triliteral), it means to protect. So based on this, it must be "takhfiro" with a dammah on the ta and a kasrah on the fa. And his saying cannot be a conditional particle, because is the predicate of the subject, and its grammatical position, along with what "in" entered, "takhfiro," is accusative as a substitute for the name of "in," a substitute of inclusion. The estimation of the speech is: "If your betrayal of the protection of Allah, did you understand? What?"
The student: Your protections
The Shaykh : Yes.
The student: Your protections
The Shaykh : Yes And you know that the substitute can validly take the place of the substituted, is that not so? Therefore, I estimated it by saying "If your betrayal of your protections." And his saying: Sahih Muslim 1731a, b because betrayal of the protection of Allah and the protection of His Prophet is greater. Therefore, the Prophet (peace and blessings be upon him) made their betrayal of their own protections easier than their betrayal of the covenant of Allah and the covenant of His Messenger. And his saying here is from the category of the name of superlative where neither the preferred nor the preferred-over has any of this meaning. The reason is that his saying: implies that the preferred and the preferred-over share in easiness, and the matter here is not so. For the betrayal of protections, whether it is for the protection of the fighters or for the protection of Allah and His Messenger, is not easy at all, but it is difficult. However, the easiness here is relative and not in its true sense. So the betrayal of a person's protection and the protection of his companions is easier than the betrayal of the protection of Allah and the protection of His Prophet (peace and blessings be upon him).
Sunan Abi Dawud 2612Sahih (Al-Albani) Yes
The questioner : ...
The Shaykh : Never is there anything, never, it is all not easy. But this is easier than that relatively. As for the preferred and the preferred-over sharing in easiness, that is not the case. He said:Sahih Muslim 1731a, b The first [group] wanted to be let down to the covenant without being judged by anything, but they would be covenanted to protect their wealth, their souls, their women, and their offspring, but without judgment. And this is the second issue: that they descend to the judgment of Allah and the judgment of His Messenger. Are they to be answered to that? The Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2858Sahih (Darussalam) The judgment here, he said: and he did not say "and the judgment of your companions." That is because the judgment in the army or the detachment belongs to whom? To the commander. As for the protection and the covenant, they are among all of them, so it is not permissible for any one of the army or the detachment to break the covenant. As for the judgment, it is specific to the commander himself. Therefore, he said: If the people of the fortress say, "We are descending and surrendering to the judgment of Allah," we say: No, you do not descend to the judgment of Allah, because we do not know if we will hit the mark with the judgment of Allah regarding them or not, as the Messenger (peace and blessings be upon him) explained. Sunan Ibn Majah 2858Sahih (Darussalam) Yes Sunan Ibn Majah 2858Sahih (Darussalam) And here the verb is suspended otherwise it would make the two objects accusative, but it is suspended by the question. Is this last judgment established until today, or is it only in the time of the Prophet (peace and blessings be upon him)? The scholars differed on that. Some said it is established until today and that the people of the fortress are not let down to the judgment of Allah, the Exalted, because a person, even if he exerts effort, does not know if he will hit the judgment of Allah or not? Not every mujtahid is correct. And some say that this is specific to the time of the Prophet (peace and blessings be upon him) only, because it is a covenant in which the judgment can change. It is possible that after this army or this detachment passes, Allah, the Exalted, may change the judgment, is that not so? If this is permissible, then it is not possible to let them down to the judgment of Allah because you do not know if you will hit the new judgment or not. But after the revelation was cut off, we let them down to the judgment of Allah, the Exalted, and our exertion in hitting the judgment of Allah is considered correct, it is considered correct, because Allah, the Exalted, does not burden a soul except with what it can bear. So we exert effort and seek the judgment of Allah, the Exalted. If we reach any judgment, then it is the judgment of Allah, because Allah, the Exalted, does not burden a soul except with what it can bear. And Allah, the Exalted, said: [At-Taghabun 64:16] And this opinion is more correct, this opinion is more correct, because it rules that the mujtahid hits the judgment apparently in the Shari'ah, even if he may err and even if he may hit. And if one takes precaution regarding that and says, "We do not judge by the judgment of Allah, but we let you down to what we understand of the judgment of Allah," with this wording, this becomes more appropriate, this becomes more appropriate and more likely, because if you say "to what we understand," it becomes clear that this judgment is the judgment of Allah according to your understanding, not according to reality. And we chose this expression because perhaps a change in events may occur and another commander may come and fight these people a second time, or fight other people, and then the judgment changes, and the disbelievers say that the Muslims' judgments are contradictory. So if I say, "I let you down to what I understand of the judgment of Allah," this danger is removed and the person is safe. And with this, the two opinions also agree: the opinion that it is specific to the time of the Messenger, and the opinion that it is general, because if he says, "I let you down to what I understand," then there is no harm in that, even according to the opinion that this is a general judgment until this day.
If they refuse, seek Allah, the Most High’s help against them and fight them.
فإن أبوا فاستعن بالله وقاتلهمThe student: ...
The Shaykh : How?
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.
فاقبل منهم وكف عنهم فإن هم أبوا فاستعِن بالله وقاتلهمIf they refuse
إن هم أبواThey
همThe student: The subject.
The Shaykh : a subject and the sentence
They refused
أبواThey
همThey refused
أبواSo seek help from Allah
فاستعن باللهand fight them
وقاتلهمWhen you invade the fortress and they
وإذا حاصرت أهل حصن فأرادواyou besieged
حاصرتand they want you to grant them covenant from Allah
فأرادوك أن تجعل لهم ذمة اللهthey asked you
أرادوكto grant them covenant from Allah
أن تجعل لهم ذمة اللهto grant them covenant from Allah
أن تجعل لهم ذمة اللهThe student: To make the protection of Allah for them
The Shaykh : Yes, exactly
to grant them covenant from Allah and a covenant of His Prophet
أن تجعل لهم ذمة الله وذمة نبيهcovenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet
ذمة الله وذمة نبيه فلا تجعل لهم ذمة الله وذمة نبيهfor it is less serious to break your guarantee of protection and that of your companions than to break that of God and His Messenger
فإنكم أن تُخفروا ذممكم وذمة أصحابكم أهون من أن تُخفروا ذمة الله وذمة نبيهto break
أن تُخفِرواfor it is easier for you to break
فإنكم أن تخفرواthe "that" here is a nominalizer
أن هنا مصدريةEasier
أهونThe student: Your protections
The Shaykh : Yes.
The student: Your protections
The Shaykh :
for it is easier for you to break your covenants
فإن إخفاركم ذممكمfor it is easier for you to break your covenants
فإن إخفاركم ذممكمthan that the security granted in the name of Allah and His Prophet be violated
أهون من أن تخفروا ذمة الله وذمة نبيهEasier
أهونEasier
أهونWhen you invade the fortress
وإذا حاصرت أهل حصنThe questioner : ...
The Shaykh : Never is there anything, never, it is all not easy. But this is easier than that relatively. As for the preferred and the preferred-over sharing in easiness, that is not the case. He said:
