The Book of Jihad, Expeditions, and Authority-07b
Machine translationRead the Arabic original
The reciter: And Amr al-Naqqad narrated to us, and Yazid ibn Harun narrated to us, and Hisham ibn Hassan narrated to us with this chain of narration, to the same effect.
The Shaykh : The meaning of all these hadiths is clear, except for the issue of orphanhood. Ibn Abbas (may Allah be pleased with him) interpreted orphanhood as giving the orphan his wealth, and he clarified that his state of orphanhood does not end until he reaches maturity and is capable of good management. Allah the Exalted says:[An-Nisa 4:6]. This is with regard to wealth. As for the description, orphanhood ends when one reaches the age of fifteen, or when pubic hair grows, or when there is emission. Consequently, if a person bequeaths to an orphan, or says, "This is an endowment for orphans," then one who has reached maturity is not entitled to it, because the state of orphanhood has ended. Ibn Abbas (may Allah be pleased with him) intended by this condition the orphanhood that entitles the orphan to receive his wealth. This is an explicit text in the Qur'an that we must be satisfied with their maturity, otherwise not. And in Ibn Abbas's response to Najd al-Haruri, who was one of the Khawarij as is well known, in order to repel harm and fitnah (trial, discord or temptation), there is proof that a person must consider the consequences, and not take things at face value, and that he must be humble for the sake of the truth. And what makes you know that perhaps Allah (Mighty and Majestic) will turn the heart of this person whom you see as someone to boycott or whom you dislike answering? Perhaps Allah will turn his heart until he returns to his right mind.
It contains the prohibition of killing children, because if children are taken captive, they become the property of the Muslims; they become slaves simply by being captured. Therefore, killing them causes harm to the Muslims. Also, children generally do not fight, and killing is only for those who fight. Therefore, if it were stipulated that a woman fought with the enemy and we captured her, we would have the right to kill her, because she is a combatant.
The Shaykh : The meaning of all these hadiths is clear, except for the issue of orphanhood. Ibn Abbas (may Allah be pleased with him) interpreted orphanhood as giving the orphan his wealth, and he clarified that his state of orphanhood does not end until he reaches maturity and is capable of good management. Allah the Exalted says:
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up
وابتلوا اليتامى حتى إذا بلغوا النكاح فادفعوا إليهم أموالهم ولا تأكلوها إسرافاً وبدارَاً أن يكبرواIt contains the prohibition of killing children, because if children are taken captive, they become the property of the Muslims; they become slaves simply by being captured. Therefore, killing them causes harm to the Muslims. Also, children generally do not fight, and killing is only for those who fight. Therefore, if it were stipulated that a woman fought with the enemy and we captured her, we would have the right to kill her, because she is a combatant.