It contains great benefits, among which are: First: It is obligatory for the imam, when he sends out an expedition, to advise the commander to fear Allah (Mighty and Majestic) in his own person, saying:
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The Shaykh : It contains great benefits, among which are:
First: It is obligatory for the imam, when he sends out an expedition, to advise the commander to fear Allah (Mighty and Majestic) in his own person, saying: Fear Allah, do not forget the obedience of Allah, and the like of that.
Second: It is obligatory for him to advise him well regarding the Muslims with him; "well" encompasses the good of this world and the Hereafter, such that he commands them to do what is right and forbids them from what is wrong, chooses suitable dwellings for them, the appropriate time for the attack, and the like of that. The important point is that the good here is not limited to the good of the Hereafter only, but includes the good of both this world and the Hereafter.
Among the benefits of this hadith is beginning with the name of Allah (Mighty and Majestic) when sending out expeditions, due to his saying:. Does the meaning imply that I am sending you out in the name of Allah, or does it mean that whenever you intend to attack, you should invoke the name of Allah (Mighty and Majestic)? Both possibilities are valid, and all of it is good.
Among the benefits of the hadith is also the indication of sincerity, due to his saying:.
Among its benefits is also mentioning the descriptions that encourage striving in seeking the enemy and provoking them, due to his saying:Sunan Ibn Majah 2857Hasan (Darussalam). And his saying: Sunan Ibn Majah 2857Hasan (Darussalam)
Among the benefits of this hadith is also the emphasis on repetition when the need arises, either for clarification, or for making things clear, or for establishing other rulings upon it besides the first rulings, due to his saying:Jami` at-Tirmidhi 1408Sahih (Darussalam).
Ghulul is taking from the war spoils; meaning, be trustworthy with the war spoils and do not take anything from them, for whoever commits ghulul will come with what he took on the Day of Resurrection.
Meaning, do not betray those among the disbelievers with whom you have made a covenant, but it is obligatory to fulfill the covenant, because the covenant is a responsibility, and because betrayal is a characteristic of the hypocrites, not of the believers.
Tamthil: cutting off limbs, cutting off the nose or lips, or piercing the eyes, and the like of that. So tamthil is forbidden, even with the enemy. Does this include after death and before it? Meaning, do not mutilate, neither at the time of killing nor after killing?
The apparent meaning of the hadith is generality, and that it is not permissible to mutilate the enemy, neither before we kill them nor after we kill them. Does this include if the enemy does that to us, or if they do that to us, is there no harm in us doing to them what they did to us?
The second [option], due to the saying of Allah the Exalted:[Al-Baqarah 2:194], and because if we did not do that to them, they would claim that we are weak and unable to confront them with what they do to us.
Among the benefits of this hadith is the prohibition of killing the young, meaning the small child; it is not permissible to kill them, because killing them is harm to the Muslims, since these small children become captives owned by the Muslims, or the imam does with them what will be mentioned, if Allah wills, later. So it is not permissible to kill a child, and likewise a woman; it is not permissible to kill her.
And likewise the old man who is not feared to fight, unless he has an opinion in the war, because some of the very old men who have no movement and cannot fight may have an opinion that is greater than that of a fighter. So this one is killed, if it is known about this old man that he has opinion and soundness, and that he directs people, then he is killed, as the Prophet (peace and blessings be upon him) killed Duraib ibn al-Samah, because he was a man of opinion among his people.
Among the benefits of this hadith is that it is obligatory for a person, when he meets the enemy, to offer them a choice among three things. He (peace and blessings be upon him) said:. His saying: He says: Sahih Muslim 1731a, b. His saying: Meaning, the invitation to Islam does not come after the three things; rather, it is the first thing they are invited to. So the order is an order of memory: Invite them to Islam, and if they answer you, accept it from them or hold back from them, yes.
It is derived from the benefits of the hadith that if they answer to Islam, acceptance and holding back are obligatory. But is it obligatory that they accept explicitly and say: We have become Muslims, or if they speak with words that indicate Islam, but only in its wording, is holding back obligatory?
The second [option], and for this reason the Prophet (peace and blessings be upon him) rebuked Khalid ibn al-Walid (may Allah be pleased with him) when he fought those who said: We have become Christians, we have become Christians, even though they intended Islam. And the rest will come, if Allah wills.
The reader: The Imam Muslim (may Allah have mercy on him) said:
Abu Bakr ibn Abi Shaybah narrated to us, Waki' ibn al-Jarrah narrated to us from Sufyan. And: Ishaq ibn Ibrahim narrated to us, Yahya ibn Adam narrated to us, Sufyan said: He dictated it to us. And: Abdullah ibn Hashim narrated to me, and the wording is his, Abd al-Rahman, meaning ibn Mahdi, narrated to us, Sufyan narrated from Alqamah ibn Marthad from Sulayman ibn Buraydah from his father, he said:Sahih Muslim 1731a, b.
Abd al-Rahman said: This or something similar to it. And Ishaq added at the end of his hadith from Yahya ibn Adam, he said: So I mentioned this hadith to Muqatil ibn Hayyan. Yahya said: Meaning that Alqamah is saying it to Ibn Hayyan. He said: Muslim ibn Hayyim narrated to me from al-Nu'man ibn Muqran from the Prophet (peace and blessings be upon him) something similar to it.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
This hadith, as you have heard, is a long hadith with benefits:
First: His saying: contains the establishment of leadership over a group or people who are in travel or jihad or the like of that. And the Prophet (peace and blessings be upon him) ordered travelers, if they are three, to appoint one of them as leader, so that there is no dispute, disturbance, or disagreement.
His saying: The army: what exceeds 400 or reaches 400, and the detachment is less than that. And the Prophet (peace and blessings be upon him) sent armies and detachments according to what the situation required.
He advised him and his entourage: meaning those who were around him. And the intended meaning is the rest of the detachment or its leaders and notables who are around the prince.
And fearing Allah: it is avoiding His punishment by doing His commands and avoiding His prohibitions with knowledge and insight. This is the most comprehensive of what was said about taqwa, that it is avoiding the punishment of Allah by doing His commands and avoiding His prohibitions with knowledge and insight.
Some of them defined it by saying: That you act in the fear of Allah on a light from Allah, hoping for the reward of Allah, and that you leave what Allah has forbidden, on a light from Allah, fearing the punishment of Allah. And some of them said about it:
"Leave the sins, small and large, that is taqwa *** And act like a camel on the ground of thorns, fearing what it sees
Do not belittle a small one, for the mountains are from pebbles".
But what we mentioned first is the most comprehensive.
And his saying:Sahih Muslim 1731a, b The important thing is that whenever it is good, it is obligatory for the prince to follow it, because the one who acts for others is not like the one who acts for himself. The one who acts for himself is given a choice of desire; he does what he desires if it is permissible. And the one who acts for others is given a choice of benefit; it is obligatory for him. For this reason, he (peace and blessings be upon him) said about the man who prays for himself: And as for when he is an imam, he does not add to what the Sunnah brought. So the meaning of "well" is to do the best of things in his journey, his descent, his advance, his retreat, and everything related to the affairs of the expedition and departure.
Then he said:Muwatta Malik 21:11
Sunan Ibn Majah 2857Hasan (Darussalam) This is an explanation of his saying: Go forth, because the expedition is fighting the enemy, but he explained it by his saying: Who disbelieved in Allah. And attaching the ruling to the description indicates its causality. And upon this we say: Fight those who disbelieved in Allah, why? Because of their disbelief in Allah (Mighty and Majestic).
He emphasized this by repeating the verb for emphasis and to build upon it what follows.
He said:Jami` at-Tirmidhi 1408Sahih (Darussalam) Do not commit ghulul: Ghulul is that one conceals something from the war spoils that he has taken, such as finding a bag in which there is gold, or a bag in which there is food, or the like of that, and then concealing it. This is from the major sins, and whoever commits ghulul will come with what he took on the Day of Resurrection.
That is: do not betray when you have made a treaty. As for when there is no treaty, there is no harm in deception, because war is deception. However, if there is a treaty, it is not permissible to betray, because the most faithful people in fulfilling rights are the Muslims.
Muthalla (mutilation): cutting off some of the limbs of the enemies, for example: if they captured a prisoner, they cut off his hands and feet
and his ears and nose and the like. This is not permissible, because it is a bad way of killing, even if this person deserves to be killed and must be killed, mutilating him is not permissible. But is it permissible for us to do this if they do this to us?
The answer is yes, because Allah the Exalted said in His noble Book:[Al-Baqarah 2:194], and we cannot leave them to mutilate us while they are mutilating us, because that means cowardice, defeat, and humiliation. So if they do this to us, we have the right to do it to them.
So if someone says: What is the sin of this disbeliever who mutilated the Muslim and his women and his commanders?
We say: Because they were, meaning, one group fighting one battle, and the rear guard is like the front line. Otherwise, it is known that if we mutilate them, we do not mutilate the one who mutilated us; we might mutilate someone else. But we say: because the group was one group, their commander and their soldiers were on the same level.
So: do not mutilate, except in the case where they mutilate us, then we mutilate them, by the saying of Allah the Exalted:[Al-Baqarah 2:194], and by His saying, Blessed and Exalted is He: [An-Nahl 16:126].
The young boy is not killed for two reasons:
The first: that he is not fit for fighting.
And the second: that he is closer to accepting Islam than an older person. For this reason, it came in the hadith:Sunan Abi Dawud 2670Da'if (Al-Albani), meaning their young ones.
Now, if someone says: If they are killing our children, should we kill their children?
The answer is: No, because keeping their children is a benefit for us, because we take their children as prisoners who are enslaved and the Muslims benefit from them.
Sahih Muslim 1731a, b If you meet your enemy from among the polytheists: He attributed enmity to the one addressed, to incite him to fight them and call them to Islam, and to warn him that this enemy might betray, and to stir the emotion in seeking this enemy.
Sunan Abi Dawud 2612Sahih (Al-Albani) Even if they worship idols Sahih Muslim 1731a, b, meaning: ask them for three characteristics, or he said three traits, and the meaning is the same. And "or" here is doubt from the narrator. "Ma" is extra for emphasis; if it were deleted, the speech would be correct. If he said: "So whichever of them answered you," the speech would be correct, so "ma" here is extra for emphasis.
Sunan Abi Dawud 2612Sahih (Al-Albani)
Sahih al-Bukhari 3701 Then "thumma" here is for sequential memory; if it were deleted, the speech would be correct. The meaning is: call them to Islam. This is the first of the traits, because the original purpose of fighting the disbelievers is not to overcome them or capture them or take their wealth as spoils, but for their Islam, so that the word of Allah is the highest, and so that we save them from the Fire. So by our fighting them, we are actually doing them a favor.
And Islam is only what the Prophet (peace and blessings be upon him) brought, and nothing else, by the saying of Allah the Exalted: [Al-Ma'idah 5:3] and by His saying: [Ali 'Imran 3:85].
Sunan Abi Dawud 2612Sahih (Al-Albani) Meaning they submitted to Islam. If they submit to Islam, their blood and wealth are protected, except by the right of Islam, meaning except for something that Islam permits from their wealth and their blood.
Sunan Abi Dawud 2612Sahih (Al-Albani), If the situation requires this, call them to move from their land, which was a land of disbelief, to the land of the emigrants, which is Medina. Meaning, call them to Medina so that they do not remain in the state of being Bedouins Sahih Muslim 1731a, b, because they have become part of their group. As long as they have moved to the land of the emigrants, they have the ruling of the emigrants.
Sahih Muslim 1731a, b If they refuse to move to the land of the emigrants, which is Medina, then inform them that they will be like the Bedouins, and what applies to the Bedouins will apply to them. This is from the perfection of justice, without a doubt. But they will have no share in the spoils or the fay' (war booty taken without fighting) unless they strive in the path of Allah with the Muslims. The ghanimah (spoils) is what is taken by fighting and what is attached to it from the disbelievers. And the fay' is what is taken without fighting from the disbelievers, or what is attributed to the Bayt al-Mal (public treasury) like wealth whose owners are unknown, and the like of that.
, If they refuse, what do they refuse? They refuse Islam. If they refuse Islam, because if they submit to Islam, they are required to move. If they do not move, they become like the Bedouins, having what the Bedouins have, and bearing what the Bedouins bear, and they have no share in the spoils or the fay'.
Meaning if they refuse to submit to Islam , then if they answer you, accept from them and hold back from them. Ask them for the jizyah. The jizyah is a compensation that the disbeliever pays to reside in our land and to be protected from aggression against him. So it is actually in exchange for our protection of him and our defense of him. Therefore, it is called jizyah as if it were a penalty and a recompense.
Sahih Muslim 1731a, b If they refuse: This "in" is conditional, and "hum" is a noun. It is known that the conditional "in" does not enter except on verbs. So what do we do?
We say the issue is disputed and not agreed upon by the grammarians. Some of the grammarians allow the conditional particle to enter on a noun, as in the saying of Allah the Exalted:[Al-Infitar 82:1], [Al-Inshiqaq 84:1], and the like of them. This is the opinion of the Kufans, and according to this opinion, there is no problem. And if we say that it does not enter except on verbs, then "hum" becomes a separated pronoun. Yes, it becomes a separated pronoun that explains the pronoun in the deleted verb. The estimation is: "If they, they refused." And "abaw" (they refused) becomes a sentence explaining the deleted one. It is not hidden what is in this of contrivance, because the original is not to delete. And the saying that "in" is not followed except by verbs is not a revealed scripture that we must follow and that we must interpret the speech if it comes contrary to it! Rather, we say the matter is broad in this.
And the rule for us is: If the grammarians differ on something that does not change the meaning, we take the easiest.
Sahih Muslim 1731a, b He placed seeking help from Allah before the action. "Seek help from Allah" means: ask Him for help. And fight them with what you have of men and equipment, and so on.
We are speaking about the benefits of this portion of the hadith, for in it is the clarification of great matters:
First: The eagerness of the Prophet (peace and blessings be upon him) for the spread of Islam, and that is by sending expeditions and armies to call people to it.
And in it is the prescription of sending armies and expeditions to the lands of disbelief, according to what the Prophet (peace and blessings be upon him and his family and his companions) directed. But this is conditioned by what?
It is conditioned by capability, because sending armies and expeditions to the lands of disbelief for calling is undoubtedly obligatory. But there is a condition in all commands, which is capability and ability. Even the pillars of Islam, Allah the Exalted conditioned them with ability. So if there is no ability, one waits until Allah, Blessed and Exalted is He, makes it easy for the Muslims to have strength by which they can invade their enemies if they do not submit to Islam.
And from the benefits of this hadith is that it is recommended for the ruler to send armies and expeditions according to what the need requires. If the need requires a large number, we send armies. And if it does not require that, we send expeditions. Because these dispatches need equipment and men, and expenses, so it is not possible to exceed the need because of the harm in that to the Muslims and their wealth.
And from the benefits of this hadith is that it is obligatory, or at least recommended, that the ruler, the one in authority, should advise the commanders of the armies and expeditions to fear Allah, Mighty and Majestic, and to associate with the commander from those in his entourage who are close to him, because of what is in fearing Allah, Mighty and Majestic, of obtaining what is desired and removing what is disliked. Allah the Exalted said:[At-Talaq 65:4], [At-Talaq 65:2] meaning: from distress [At-Talaq 65:3].
And from the benefits of this hadith is also that the one in authority orders the commander of the army or the expedition to do good to the Muslims, and he emphasizes that upon him with advice.
And from the benefits of this hadith is that every group must have a commander, so that there is no chaos, dispute, or incompleteness of affairs. And the poet said:
People are not right in chaos without leaders for them.
And here are the animals, they must have a commander. You find the birds, the gazelles, and others, if they are gathered, you find they have a leader. Subhan Allah! A leader in the air or on the land.
And from the benefits of this hadith is the indication to begin with "Bismillah al-Rahman al-Rahim" (In the name of Allah, the Most Merciful, the Most Compassionate) when going on a military expedition, and especially when intending to strike, that he should say: "In the name of Allah." Because beginning with "Bismillah" is a blessing and seeking help.
And from the benefits of this hadith is the indication to sincerity in his saying:. And although the matter is in the hearts of the Companions, but it is from the aspect of emphasis and reminder.
Among the benefits of this hadith is that the reason for fighting the disbelievers is disbelief, not tribalism, not honor, and not anything else. It is disbelief, as He said:Sunan Ibn Majah 2857Hasan (Darussalam). And Allah the Exalted made it clear that if those with whom we have treaties break their treaty, we are commanded to fight their leaders. He said: [At-Tawbah 9:12] meaning, focus the fighting on their leaders, because if their leaders are killed, chaos will ensue among them and their alliance will be broken.
Among the benefits of this hadith is that disbelief in Allah, Mighty and Majestic, makes blood lawful, and that is indeed the case. If one apostatizes from his religion, his blood and his wealth become lawful. The blood and wealth of a disbeliever are lawful, except if he submits to the jizyah or a treaty.
Among the benefits of this hadith is the prohibition of ghanimah (taking from the spoils), as He said:. This is general for both small and large amounts, even if it is a sandal or a camel’s halter, for it is one of the major sins.
Among the ghanimah (taking from the spoils) are the gifts of the workers. That is, if an employee of the state accepts a gift, he has committed ghanimah (taking from the spoils), because he was not given this gift except because he is a worker, because he is a worker. For this reason, when the Prophet (peace and blessings be upon him) sent a man in charge of the sadaqah (charity), whose name was Abdullah ibn Lataibah, and he brought camels and said, “This is for you, and this was given to me as a gift,” the Prophet (peace and blessings be upon him) addressed the people, condemned that, and said:. And the Messenger of Allah (peace and blessings be upon him) spoke the truth; had he not been a worker, nothing would have been given to him as a gift. This includes all state work. It was reported in the Musnad of Imam Ahmad that the Prophet (peace and blessings be upon him) said: , but there is a discussion regarding this hadith.
Among the benefits of this hadith is the prohibition of treachery, as He said:. Treachery is forbidden, whether it is with a Muslim or a disbeliever, as Allah, Blessed and Exalted is He, said: [An-Nahl 16:91]. And He said: [An-Nisa 4:58].
Among the benefits of this hadith is the prohibition of mutilation, as He said:. This is general for all mutilation, whether it is small or large. For example, cutting off a finger is mutilation, cutting off the nose is mutilation, cutting off the ear is mutilation, and cutting the skin is mutilation.
An exception to this is if they do that to us, in which case it is permissible for us to do that to them. The evidence is His saying:[Al-Baqarah 2:194], and His saying: [An-Nahl 16:126].
But is it a condition that this must be equal to what they do to us in type and quantity, or do we say: as long as they have violated our bodies, we have the right to violate their bodies however we wish?
I have some hesitation regarding this. In other words, if they cut off one of our fingers, do we cut off two of their fingers? If they cut off the left hand, do we cut off the right hand? This is a point of hesitation for me. It is possible to say that as long as they have violated the bodies of our killed, we violate their bodies however we wish. And it is possible to say that Allah the Exalted limited this to the like, so He said:[Al-Baqarah 2:194], [An-Nahl 16:126]. The reason for my hesitation is that the intent is to humiliate the Muslims through mutilation, and there is no difference in this between the mutilation being small, large, or a description, or a more complete meaning, because humiliation is achieved by it. So as long as this is for the sake of humiliation, we consider the genus, and we do not consider the type or the description.
Among the benefits of this hadith is the prohibition of killing the young, meaning the small child, because the small child has no sin. Also, in killing him, we lose our wealth which returns to the benefit of the Muslims.
Among the benefits of this hadith is that fighting the disbelievers is not for their disbelief, but for their submission and their not opposing the religion of Islam, as He said:Sahih Muslim 1731a, b and so on.
If someone asks, did we not say that our fighting of the disbelievers is for the sake of disbelief?
The answer is yes, this is the original principle. But our fighting of them has stages. The end is fighting if they do not adhere to the stages.
Among the benefits of this hadith is that it is obligatory to refrain from the mushrik (one who associates partners with Allah) if he becomes a Muslim, absolutely. As He said:Sunan Abi Dawud 2612Sahih (Al-Albani). And my saying “absolutely” means: if one of them becomes a Muslim, joins us, and becomes a Muslim, and says, “I am a Muslim and I am disavowed of my people,” then it is obligatory for us to refrain from him, if we know from him that his intention is good and that he is not a spy. This is indicated by the story of Usamah ibn Zayd (may Allah be pleased with him), when he caught up with the mushrik (one who associates partners with Allah). When he caught him, the mushrik (one who associates partners with Allah) said, “There is no god but Allah,” so he killed him, because Usamah thought that he said it out of fear of death, seeking refuge from death. So the Prophet (peace and blessings be upon him) condemned Usamah and said to him: Sunan al-Bayhaqi 17:1283 until he said, “I wish I had not become a Muslim yet.”
Among the benefits of this hadith is that if the mushrikin (those who associate partners with Allah) are Bedouins at the beginning, then we command them, or rather we give them the choice, either to move to the land of...
First: It is obligatory for the imam, when he sends out an expedition, to advise the commander to fear Allah (Mighty and Majestic) in his own person, saying: Fear Allah, do not forget the obedience of Allah, and the like of that.
Second: It is obligatory for him to advise him well regarding the Muslims with him; "well" encompasses the good of this world and the Hereafter, such that he commands them to do what is right and forbids them from what is wrong, chooses suitable dwellings for them, the appropriate time for the attack, and the like of that. The important point is that the good here is not limited to the good of the Hereafter only, but includes the good of both this world and the Hereafter.
Among the benefits of this hadith is beginning with the name of Allah (Mighty and Majestic) when sending out expeditions, due to his saying:
Go forth in the name of Allah
اغزوا باسم اللهAmong the benefits of the hadith is also the indication of sincerity, due to his saying:
in the cause of Allah
في سبيل اللهAmong its benefits is also mentioning the descriptions that encourage striving in seeking the enemy and provoking them, due to his saying:
Fight those who disbelieve in Allah
قاتلوا من كفر باللهFight those who disbelieve in Allah
قاتلوا من كفر باللهAmong the benefits of this hadith is also the emphasis on repetition when the need arises, either for clarification, or for making things clear, or for establishing other rulings upon it besides the first rulings, due to his saying:
fight, do not be treacherous, nor mutilate
اغزوا، ولا تمثّلوا، ولا تغُلُّوا، ولا تغدروا، ولا تمثّلواGhulul is taking from the war spoils; meaning, be trustworthy with the war spoils and do not take anything from them, for whoever commits ghulul will come with what he took on the Day of Resurrection.
And do not be treacherous
ولا تغدرواAnd do not mutilate.
ولا تمثّلواThe apparent meaning of the hadith is generality, and that it is not permissible to mutilate the enemy, neither before we kill them nor after we kill them. Does this include if the enemy does that to us, or if they do that to us, is there no harm in us doing to them what they did to us?
The second [option], due to the saying of Allah the Exalted:
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 عليكمAmong the benefits of this hadith is the prohibition of killing the young, meaning the small child; it is not permissible to kill them, because killing them is harm to the Muslims, since these small children become captives owned by the Muslims, or the imam does with them what will be mentioned, if Allah wills, later. So it is not permissible to kill a child, and likewise a woman; it is not permissible to kill her.
And likewise the old man who is not feared to fight, unless he has an opinion in the war, because some of the very old men who have no movement and cannot fight may have an opinion that is greater than that of a fighter. So this one is killed, if it is known about this old man that he has opinion and soundness, and that he directs people, then he is killed, as the Prophet (peace and blessings be upon him) killed Duraib ibn al-Samah, because he was a man of opinion among his people.
Among the benefits of this hadith is that it is obligatory for a person, when he meets the enemy, to offer them a choice among three things. He (peace and blessings be upon him) said:
Call them to three characteristics or traits -doubt from the narrator-, so whichever of them they respond to, accept it from them and refrain from them.
ادعوهم إلى ثلاثة خصال أو خلال -الشك من الراوي-، فأيّتُهُنّ ما أجابوك فاقبل منهم وكف عنهمWhichever of them they respond to.
أيتهن ما أجابوكIt 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.
وكف عنهم ثم ادعهم إلى الإسلامThen call them to Islam.
ثم ادعهم للإسلامIt is derived from the benefits of the hadith that if they answer to Islam, acceptance and holding back are obligatory. But is it obligatory that they accept explicitly and say: We have become Muslims, or if they speak with words that indicate Islam, but only in its wording, is holding back obligatory?
The second [option], and for this reason the Prophet (peace and blessings be upon him) rebuked Khalid ibn al-Walid (may Allah be pleased with him) when he fought those who said: We have become Christians, we have become Christians, even though they intended Islam. And the rest will come, if Allah wills.
The reader: The Imam Muslim (may Allah have mercy on him) said:
Abu Bakr ibn Abi Shaybah narrated to us, Waki' ibn al-Jarrah narrated to us from Sufyan. And: Ishaq ibn Ibrahim narrated to us, Yahya ibn Adam narrated to us, Sufyan said: He dictated it to us. And: Abdullah ibn Hashim narrated to me, and the wording is his, Abd al-Rahman, meaning ibn Mahdi, narrated to us, Sufyan narrated from Alqamah ibn Marthad from Sulayman ibn Buraydah from his father, he said:
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.
كان رسول الله صلى الله عليه وسلم إذا أمر أميرا على جيش أو سرية أوصاه في خاصته بتقوى الله ومن معه من المسلمين خيرا ثم قال : اغزو باسم الله في سبيل الله قاتلوا من كفر بالله ، اغزو ولا تغلوا ولا تغدروا ولا تمثلوا ولا تقتلوا وليدا ، وإذا لقيت عدوك من المشركين فادعهم إلى ثلاث خصال أو خلال فأيتهن ما أجابوك فاقبل منهم وكف عنهم ، ثم ادعهم إلى الإسلام فإن أجابوك فاقبل منهم وكف عنهم ثم ادعهم إلى التحول من دارهم إلى دار المهاجرين وأخبرهم أنهم إن فعلوا ذلك فلهم ما للمهاجرين وعليهم ما على المهاجرين ، فإن أبوا أن يتحولوا منها فأخبرهم أنهم يكونون كأعراب المسلمين يجري عليهم حكم الله الذي يجري على المؤمنين ولا يكون لهم في الغنيمة والفيء شيء إلا أن يجاهدوا مع المسلمين ، فإن هم أبوا فسلهم الجزية فإن هم أجابوك فاقبل منهم وكف عنهم فإن هم أبوا فاستعن بالله وقاتلهم ، وإذا حاصرت أهل حصن فأرادوك أن تجعل لهم ذمة الله وذمة نبيه فلا تجعل لهم ذمة الله ولا ذمة نبيه ولكن اجعل لهم ذمتك وذمة أصحابك ، فإنكم أن تخفروا ذممكم وذمم أصحابكم أهون من أن تخفروا ذمة الله وذمة رسوله ، وإذا حاصرت أهل حصن فأرادوك أن تنزلهم على حكم الله فلا تنزلهم على حكم الله ولكن أنزلهم على حكمك فإنك لا تدري أتصيب حكم الله فيهم أم لاAbd al-Rahman said: This or something similar to it. And Ishaq added at the end of his hadith from Yahya ibn Adam, he said: So I mentioned this hadith to Muqatil ibn Hayyan. Yahya said: Meaning that Alqamah is saying it to Ibn Hayyan. He said: Muslim ibn Hayyim narrated to me from al-Nu'man ibn Muqran from the Prophet (peace and blessings be upon him) something similar to it.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
This hadith, as you have heard, is a long hadith with benefits:
First: His saying:
The Messenger of Allah (peace and blessings be upon him), when he appointed a commander over an army or a detachment
كان رسول الله صلى الله عليه وسلم إذا أمر أميراً على جيش أو سريةHis saying:
an army or a detachment
الجيش أو سريةHe would advise him and his entourage to fear Allah, Mighty and Majestic, and to treat the Muslims with him well
أوصاه وحاشيته بتقوى الله عز وجل ومن معه من المسلمين خيراًAnd fearing Allah: it is avoiding His punishment by doing His commands and avoiding His prohibitions with knowledge and insight. This is the most comprehensive of what was said about taqwa, that it is avoiding the punishment of Allah by doing His commands and avoiding His prohibitions with knowledge and insight.
Some of them defined it by saying: That you act in the fear of Allah on a light from Allah, hoping for the reward of Allah, and that you leave what Allah has forbidden, on a light from Allah, fearing the punishment of Allah. And some of them said about it:
"Leave the sins, small and large, that is taqwa *** And act like a camel on the ground of thorns, fearing what it sees
Do not belittle a small one, for the mountains are from pebbles".
But what we mentioned first is the most comprehensive.
And his saying:
to be good to the Muslims who were with him
ومن معه من المسلمين خيراhe may lengthen it as he wishes
ليطوّل ما شاءThen he said:
Make your raids in the name of Allah in the way of Allah
اغزو باسم الله، في سبيل اللهFight those who disbelieve in Allah
قاتلوا من كفر باللهGo forth
اغزواHe said:
do not be treacherous, nor mutilate, nor kill a child.
ولا تغلّوا، ولا تغدروا ، ولا تمثلوا، ولا تقتلوا وليداDo not break your word
ولا تغدواDo not mutilate
ولا تمثلواand his ears and nose and the like. This is not permissible, because it is a bad way of killing, even if this person deserves to be killed and must be killed, mutilating him is not permissible. But is it permissible for us to do this if they do this to us?
The answer is yes, because Allah the Exalted said in His noble Book:
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 عليكمSo if someone says: What is the sin of this disbeliever who mutilated the Muslim and his women and his commanders?
We say: Because they were, meaning, one group fighting one battle, and the rear guard is like the front line. Otherwise, it is known that if we mutilate them, we do not mutilate the one who mutilated us; we might mutilate someone else. But we say: because the group was one group, their commander and their soldiers were on the same level.
So: do not mutilate, except in the case where they mutilate us, then we mutilate them, by the saying of Allah the Exalted:
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 عليكمAnd if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وإن عاقبتم فعاقبوا بمثل ما عوقبتم بهAnd do not kill a child
ولا تقتلوا وليداThe first: that he is not fit for fighting.
And the second: that he is closer to accepting Islam than an older person. For this reason, it came in the hadith:
Kill the old men who are polytheists, but spare their children.
اقتلوا شيوخ المشركين واستبقوا شرخهمNow, if someone says: If they are killing our children, should we kill their children?
The answer is: No, because keeping their children is a benefit for us, because we take their children as prisoners who are enslaved and the Muslims benefit from them.
When you meet your enemies who are polytheists, invite them to three courses of action
وإذا لقيت عدوك من المشركين فادعهم إلى ثلاث خصالWhen you meet the polytheists who are your enemy
إذا لقيت عدوك من المشركينinvite 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.
فادعهم إلى ثلاث خصال، أو خلال فأيتهن أجابوك فاقبل منهم وكف عنهمSo whichever of them responds to you
فأيتهن ما أجابوكaccept it from them and refrain from them
فاقبل منهم وكف عنهمand then invite them to Islam
ثم ادعهم إلى الإسلامCall them to Islam
ادعهم إلى الإسلامand have approved for you Islam as religion
ورضيت لكم الاسلام ديناAnd whoever desires other than Islam as religion - never will it be accepted from him
ومن يبتغ غير الإسلام دينا فلن يقبل منهif they agree, accept it from them and refrain from them
فإن أجابوك فاقبل منهم وكف عنهمThen summon them to leave their territory and transfer to the abode of the Emigrants
ثم ادعهم -أي اذا أسلموا- ادعهم إلى التحول من دارهم إلى دار المهاجرينand inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen
وأخبرهم إن فعلوا ذلك فلهم ما للمهاجرين وعليهم ما على المهاجرينand 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
وعليهم ما على المهاجرين ، فإن أبوا أن يتحولوا منها فأخبرهم أنهم يكونون كأعراب المسلمين يجري عليهم حكم الله الذي يجري على المؤمنين ولا يكون لهم في الغنيمة والفيء شيء إلا أن يجاهدوا مع المسلمينIf they refuse, demand the jizyah from them.
فإن أبوا فسلهم الجزيةIf they refuse.
فإن أبواDemand the jizyah from them.
فسلهم الجزيةIf they refuse to pay the tax, seek Allah's help and fight them.
فإن هم أبوا فاستعن بالله وقاتلهمWe say the issue is disputed and not agreed upon by the grammarians. Some of the grammarians allow the conditional particle to enter on a noun, as in the saying of Allah the Exalted:
When the sky breaks apart
إذا السماء انفطرتWhen the sky has split [open]
إذا السماء انشقّتAnd the rule for us is: If the grammarians differ on something that does not change the meaning, we take the easiest.
If they refuse to pay the tax, seek Allah's help and fight them.
فإن هم أبَوا فاستعن بالله وقاتلهمWe are speaking about the benefits of this portion of the hadith, for in it is the clarification of great matters:
First: The eagerness of the Prophet (peace and blessings be upon him) for the spread of Islam, and that is by sending expeditions and armies to call people to it.
And in it is the prescription of sending armies and expeditions to the lands of disbelief, according to what the Prophet (peace and blessings be upon him and his family and his companions) directed. But this is conditioned by what?
It is conditioned by capability, because sending armies and expeditions to the lands of disbelief for calling is undoubtedly obligatory. But there is a condition in all commands, which is capability and ability. Even the pillars of Islam, Allah the Exalted conditioned them with ability. So if there is no ability, one waits until Allah, Blessed and Exalted is He, makes it easy for the Muslims to have strength by which they can invade their enemies if they do not submit to Islam.
And from the benefits of this hadith is that it is recommended for the ruler to send armies and expeditions according to what the need requires. If the need requires a large number, we send armies. And if it does not require that, we send expeditions. Because these dispatches need equipment and men, and expenses, so it is not possible to exceed the need because of the harm in that to the Muslims and their wealth.
And from the benefits of this hadith is that it is obligatory, or at least recommended, that the ruler, the one in authority, should advise the commanders of the armies and expeditions to fear Allah, Mighty and Majestic, and to associate with the commander from those in his entourage who are close to him, because of what is in fearing Allah, Mighty and Majestic, of obtaining what is desired and removing what is disliked. Allah the Exalted said:
And whoever fears Allah - He will make for him of his matter ease.
ومن يتق الله يجعل له من أمره يسراAnd whoever fears Allah - He will make for him a way out
ومن يتق الله يجعل له مخرجاًAnd will provide for him from where he does not expect
ويرزقه من حيث لا يحتسبAnd from the benefits of this hadith is also that the one in authority orders the commander of the army or the expedition to do good to the Muslims, and he emphasizes that upon him with advice.
And from the benefits of this hadith is that every group must have a commander, so that there is no chaos, dispute, or incompleteness of affairs. And the poet said:
People are not right in chaos without leaders for them.
And here are the animals, they must have a commander. You find the birds, the gazelles, and others, if they are gathered, you find they have a leader. Subhan Allah! A leader in the air or on the land.
And from the benefits of this hadith is the indication to begin with "Bismillah al-Rahman al-Rahim" (In the name of Allah, the Most Merciful, the Most Compassionate) when going on a military expedition, and especially when intending to strike, that he should say: "In the name of Allah." Because beginning with "Bismillah" is a blessing and seeking help.
And from the benefits of this hadith is the indication to sincerity in his saying:
in the cause of Allah
في سبيل اللهAmong the benefits of this hadith is that the reason for fighting the disbelievers is disbelief, not tribalism, not honor, and not anything else. It is disbelief, as He said:
Fight those who disbelieve in Allah
قاتلوا من كفر باللهAnd if they break their oaths after their treaty and defame your religion, then fight the leaders of disbelief
وإن نكثوا أيمانهم من بعد عهدهم وطعنوا في دينكم فقاتلوا أئمة الكفرAmong the benefits of this hadith is that disbelief in Allah, Mighty and Majestic, makes blood lawful, and that is indeed the case. If one apostatizes from his religion, his blood and his wealth become lawful. The blood and wealth of a disbeliever are lawful, except if he submits to the jizyah or a treaty.
Among the benefits of this hadith is the prohibition of ghanimah (taking from the spoils), as He said:
Go forth on expedition, but do not commit theft.
اغزوا ولا تغلواAmong the ghanimah (taking from the spoils) are the gifts of the workers. That is, if an employee of the state accepts a gift, he has committed ghanimah (taking from the spoils), because he was not given this gift except because he is a worker, because he is a worker. For this reason, when the Prophet (peace and blessings be upon him) sent a man in charge of the sadaqah (charity), whose name was Abdullah ibn Lataibah, and he brought camels and said, “This is for you, and this was given to me as a gift,” the Prophet (peace and blessings be upon him) addressed the people, condemned that, and said:
Why did he not sit in his house and see if he would be given a gift or not?!
هلَّا جلس في بيته فيُنظر هل يُهدى إليه أم لا ؟!The gifts of workers are embezzlement
هدايا العمال غلولAmong the benefits of this hadith is the prohibition of treachery, as He said:
And do not be treacherous
ولا تغدرواAnd fulfill the covenant of Allah when you have taken it, [O believers], and do not break oaths after their confirmation while you have made Allah, over you, a witness
وأوفوا بعهد الله إذا عاهدتم ولا تنقضوا الأيمان بعد توكيدها وقد جعلتم الله عليكم كفيلاIndeed, Allah commands you to render trusts to whom they are due
إن الله يأمركم أن تؤدوا الأمانات إلى أهلهاAmong the benefits of this hadith is the prohibition of mutilation, as He said:
And do not mutilate.
ولا تمثلواAn exception to this is if they do that to us, in which case it is permissible for us to do that to them. The evidence is His saying:
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 عليكمAnd if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وإن عاقبتم فعاقبوا بمثل ما عوقبتم بهBut is it a condition that this must be equal to what they do to us in type and quantity, or do we say: as long as they have violated our bodies, we have the right to violate their bodies however we wish?
I have some hesitation regarding this. In other words, if they cut off one of our fingers, do we cut off two of their fingers? If they cut off the left hand, do we cut off the right hand? This is a point of hesitation for me. It is possible to say that as long as they have violated the bodies of our killed, we violate their bodies however we wish. And it is possible to say that Allah the Exalted limited this to the like, so He said:
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 عليكمAnd if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وإن عاقبتم فعاقبوا بمثل ما عوقبتم بهAmong the benefits of this hadith is the prohibition of killing the young, meaning the small child, because the small child has no sin. Also, in killing him, we lose our wealth which returns to the benefit of the Muslims.
Among the benefits of this hadith is that fighting the disbelievers is not for their disbelief, but for their submission and their not opposing the religion of Islam, as He said:
When you meet your enemies who are polytheists
وإذا لقيت عدوك من المشركين ...If someone asks, did we not say that our fighting of the disbelievers is for the sake of disbelief?
The answer is yes, this is the original principle. But our fighting of them has stages. The end is fighting if they do not adhere to the stages.
Among the benefits of this hadith is that it is obligatory to refrain from the mushrik (one who associates partners with Allah) if he becomes a Muslim, absolutely. As He said:
accept it from them and refrain from them
فاقبل منهم وكف عنهمDid you kill him when he had said, "There is no god but Allah"?!
أقتلته وقد قال لا إله إلا الله ؟!Among the benefits of this hadith is that if the mushrikin (those who associate partners with Allah) are Bedouins at the beginning, then we command them, or rather we give them the choice, either to move to the land of...
