The Book of Jihad, Expeditions, and Authority-02a
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The reciter: And Muhammad ibn Rafi' narrated to me, and 'Abd al-Razzaq narrated to us, and Ibn Jurayj informed us, and 'Amr ibn Dinar informed me, and Ibn Shihab informed him, and 'Ubayd Allah ibn 'Abd Allah ibn 'Utbah informed him, and Ibn 'Abbas informed him, and al-Asib ibn Jathamah: Sahih Muslim 1745c.
The Shaykh : This is because what is established as a consequence is not established independently. So if dire necessity calls for ambushing the polytheists, meaning fighting them at night, there is no harm, and at that time the women and children are killed, because what is established as a consequence is not established independently. And for that reason the Prophet (peace and blessings be upon him) said:.
This hadith is combined with the one that preceded it, in that it is not permissible to kill women and children intentionally, but if it is as a consequence, there is no harm. And similarly: if the disbelievers use women and children as shields, and make them human armor, there is no harm in killing them. Indeed, the Shaykh al-Islam said: there is no harm in fighting the disbelievers even if they use Muslims as shields. So the one who is killed from the Muslims in this situation is a martyr, and it is not possible for the disbelievers to play with the Muslims by making the Muslims a shield to protect themselves from the Muslims' weapons. Rather, it is said: these, if they are killed, are martyrs, and we proceed from this to fighting the disbelievers behind them.
Sa'b b. Jaththama has narrated that the Prophet (ﷺ) asked: What about the children of polytheists killed by the cavalry during the night raid? He said: They are from them.
أن النبي صلى الله عليه وسلم قيل له : لو أن خيلا أغارت من الليل، فأصابت من أبناء المشركين ؟ . قال : هم من آبائهمThe Shaykh : This is because what is established as a consequence is not established independently. So if dire necessity calls for ambushing the polytheists, meaning fighting them at night, there is no harm, and at that time the women and children are killed, because what is established as a consequence is not established independently. And for that reason the Prophet (peace and blessings be upon him) said:
They are of them
هم منهمThis hadith is combined with the one that preceded it, in that it is not permissible to kill women and children intentionally, but if it is as a consequence, there is no harm. And similarly: if the disbelievers use women and children as shields, and make them human armor, there is no harm in killing them. Indeed, the Shaykh al-Islam said: there is no harm in fighting the disbelievers even if they use Muslims as shields. So the one who is killed from the Muslims in this situation is a martyr, and it is not possible for the disbelievers to play with the Muslims by making the Muslims a shield to protect themselves from the Muslims' weapons. Rather, it is said: these, if they are killed, are martyrs, and we proceed from this to fighting the disbelievers behind them.