What is derived from the hadith.

The Shaykh : Much benefit can be derived from this hadith. Do you like us to review them, or should we take the main point or the evidence for the chapter and leave the rest?
The student: ...

The Shaykh : The benefit is complete. Now, we previously mentioned the prohibition of mutilating corpses, embezzling war spoils, treachery, and killing children. We said that, according to the opinion of some scholars, an exception is made for mutilation if they do it to us. If they do that to us, then we do it to them so that we are not considered weak or incapable. It was also established for us that it is prescribed for the Imam to send armies and expeditions. An army is what exceeds four hundred, and four hundred and below that is an expedition. Expeditions are sent in two ways: the first is at the beginning of jihad, in the vanguard, and the second
The student: upon the return.

The Shaykh : upon the return. Upon the return, the danger of the sent force is greater, and therefore more is executed for it than for the first expedition. It was also established for us that, yes, and it is derived from this hadith that fighting is not permissible before the call to Islam. Where is this taken from? From the generality of His saying: Thus, fighting was made the last stage. Accordingly, it is not permissible for us to fight the disbelievers until we call them and we despair of everything. But if someone asks you how you answer what is established in the authentic hadiths of , the scholars answered that the call had reached these people, and that the call is obligatory before fighting for those to whom it has not reached, and a recommended practice for those to whom it has reached, and the matter is referred to the public interest in that. Among the benefits of this hadith is the permissibility of taking the jizyah from non-Jews, non-Christians, and non-Zoroastrians, because the jizyah is taken from Jews and Christians by the explicit text of the Qur'an, and the jizyah was taken from the Zoroastrians by what is established in the Sunnah. As for those other than these three groups, the scholars differed on whether the jizyah is taken from them or not, or whether a distinction is made: if they are among the polytheists of the Arabs, the jizyah is not taken from them because the jizyah involves humiliation, or if they are not among the polytheists of the Arabs, it is taken from them? The correct view is that it is taken from every disbeliever, because this hadith is general, is it not? Because he said: and he did not say from the Jews and Christians. Accordingly, the jizyah is taken from every disbeliever. The hadith indicates that fighting is not to compel people to enter the religion of Allah. If that were the case, the jizyah would not have been of any benefit; it would have been necessary for them to enter the religion or fight. This is the stronger position, supported by the evidence of the Book and the Sunnah, that a person is not compelled to enter the religion of Allah. As for his saying (peace and blessings be upon him): and so on, it is a general statement specified by the evidence of what? The jizyah, by the evidence of the jizyah.
It is derived from this hadith the greatness of covenants, especially if they are made a covenant with Allah and His Messenger, by His saying:
It is derived from it the permissibility of the people of a fortress surrendering to the ruling of the mujahideen, yes, to the ruling of the mujahideen.
The student: to the ruling of the Imam.

The Shaykh : To the ruling of the commander of the army.
The student: Yes.

The Shaykh : By his saying.
The student: ...

The Shaykh :
It is derived from it that it is not permissible for them to surrender to the ruling of Allah, either during the lifetime of the Prophet (peace and blessings be upon him) or absolutely, by his saying:
It is derived from it that the mujtahid may be correct and may be wrong.
The student: for you do not know.

The Shaykh : And this is evidence that a person, if he exerts his judgment, may be wrong and may be correct. And it is established in that hadith from the Prophet (peace and blessings be upon him) in his saying: So, do we say that the mujtahid is correct even if he is wrong? This is a matter in which there was a dispute among the scholars, strange from them: some say every mujtahid is correct, some say not every mujtahid is correct, and some say every mujtahid is correct in the branches but not every mujtahid is correct in the principles, yes, out of fear of validating the people of innovation in the chapter of principles.
The correct view is: that the mujtahid is correct in terms of his ijtihad, but in terms of his agreement with the truth, which is the Shari'ah of Allah, he is wrong and correct, wrong and correct. And this is indicated by his saying (peace and blessings be upon him): Yes, This is clear in dividing the mujtahids into error and correctness. But is this comprehensive for what is called the science of principles, as is established in the science of branches, or is it specific to the science of branches only?
The student: General.

The Shaykh : The apparent meaning of the hadith is generality. The apparent meaning of the hadith is generality, and it is the apparent meaning of the texts of the Book and the Sunnah in which Allah made it clear that Allah does not burden a soul except with what it can bear. But we must know that an error that contradicts the consensus of the Salaf is an error, even if it comes from a mujtahid, because it is not possible for him to be correct and the Salaf to be incorrect in that, whether in what is called the science of principles or not. However, Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim denied the division of religion into principles and branches, and they said: bring us a division we can be reassured by. You attach something from the principles of religion to the branches by the text, such as prayer. Prayer is undoubtedly from the principles of religion; it is one of the pillars of Islam. And yet, it is among the branches according to those who divide principles and branches. Then they bring things related to creed, which are disputed even among the Salaf, and they say these are from the branches. We say, yes, they say these are from the branches because they are a branch of the principle of faith. And we say, in reality, if you mean by principles what is creed, then all of religion is principles. And if you mean by principles what relates to theoretical matters without practical matters, then this is a matter of consideration. Why do we say in the first case that all of religion is principles? Because even physical or financial acts of worship cannot be worshipped with unless one believes they are prescribed. This is a belief that precedes the action. And if one did not believe that, his worship of Allah with them would not be valid. So every righteous deed is worship, and it must be preceded by the belief that Allah the Exalted prescribed it. So in any case, the correct view is that ijtihad is open, whether in what is called principles or in the branches, and that some of the mujtahids are correct and some are wrong. Now, is it taken from this hadith that the door of ijtihad remains open?
The student: No.

The Shaykh : The door of ijtihad, not the door of jihad.
The student: Yes.

The Shaykh : Where do we take it from?
The student: The ijtihad of the commander.

The Shaykh : From the ijtihad of this commander, because his saying: means that he will exert his judgment. And by this, the weakness of the saying of those who say that the door of ijtihad has closed long ago, and that it is obligatory for people today to follow their Imams and not try to exert their judgment, becomes clear. And there is no doubt that this saying leads to a very big issue, which is turning away from the Book and the Sunnah to the opinions of men. Because the meaning of that is that you do not look at the Book or the Sunnah; if you want a ruling, go to a book. If you are from the Hanbalis, the books of the Hanbalis; if you are from the Shafi'is, the books of the Shafi'is; and from the Malikis, look at the books of the Malikis; and from the Hanafis, the books of the Hanafis; and from the Zahiris, the books of the Zahiris, and so on, and we leave the Book and the Sunnah. And this is an error. Rather, it is obligatory for a person, if he is able to take the ruling from the Book of Allah and the Sunnah of His Messenger, to take it from them. It is obligatory for him. But we must note that due to the multitude of the Sunnahs and their scattering and dispersion, it is not befitting for a person to rule on something merely by hearing a hadith about this ruling until he verifies, until he verifies, because this ruling may be abrogated and you do not know, or it may be restricted and you think it is absolute, or it may be specific and you think it is general, so be patient. And as for saying absolutely do not look at the Qur'an or the Sunnah because you are not qualified for ijtihad, that is not correct.
Then, according to our saying that the door of ijtihad is open, it is never permissible for us to belittle the opinions of the previous scholars and to lower their status, because those people toiled and exerted their judgment, and they are not infallible. So your going to disparage them, or taking the issues they hold and taking them as jokes to expose them before people so they mock them, this is also not permissible. If the backbiting of an ordinary person is forbidden, how much more so the backbiting of the scholars of knowledge who spent their lives extracting issues from their evidence? And a person comes at the end of time and says: "I am Ibn Jala and I see the hidden things" These people do not know, these people... it is impossible, these people say such and such, these people say such and such, whereas the scholars of knowledge, in what they intend from rare issues, may not intend... but they intend to train the student on applying issues to their rules and principles.
Now, in this is the establishment of the legal ruling. This ruling here falls under the category of legal rulings. We have previously passed through the fact that the ruling of Allah is divided into two types: cosmic and legal. The cosmic ruling pertains to the universe, and no one can contradict it. The legal ruling pertains to the Shari'ah and worship, and some people adhere to it while others do not. Which type is this hadith that is with us? It is from the legal rulings. And His saying, the Exalted:
The student: Creation

The Shaykh : This is cosmic. Good. And His saying, the Exalted, in Surat al-Mumtahanah:
The student: Legal

The Shaykh : Legislative.