The Book of Jihad, Expeditions, and Authority-08a
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The reciter: 'Ubayd Allah ibn Sa'id and Muhammad ibn Hatim narrated to us, and the wording is that of Ibn Hatim. They said: Yahya ibn Sa'id al-Qattan narrated to us, Qura ibn Khalid narrated to us, Humayd ibn Hilal narrated to us, Abu Burdah narrated to me, saying: Abu Musa said: Sahih Muslim 1733d.
The Shaykh : In this hadith is evidence for what was mentioned previously, that the person who seeks authority is not appointed to it, because the norm is that the one who seeks it desires power, command, and the final say, so he is not appointed to it. But if the matter is delayed, and the one in authority sees that this person is qualified, then he appoints him, and there is no harm in that.
And in this is evidence for the killing of the apostate, and that if a person returns from Islam to disbelief, he is killed, and that this is the decree of Allah and His Messenger. The apparent meaning of the hadith is that he is not given the opportunity to repent. This issue is one in which the scholars (may Allah have mercy on them) differed: is the apostate given the opportunity to repent, and if he repents, the killing is lifted from him, or is he not given the opportunity to repent? Some said that he is given the opportunity to repent in all cases. Some said that he is not given the opportunity to repent in all cases, due to the generality of His saying:Sunan Ibn Majah 2535Sahih (Darussalam). And some distinguished, saying that if he apostatized by something great, he is not given the opportunity to repent, such as insulting Allah and His Messenger, or the religion, or something similar. The stronger position is that the opportunity to repent is left to the decision of the imam. If he sees a benefit in it, he gives the person the opportunity to repent in whatever form of apostasy it is. And if he does not see a benefit in it, he does not give him the opportunity to repent, but kills him in all cases. The benefit is, for example, if the one who apostatized is a man of value in his community, whether a noble lord in his wealth, or a noble lord in his knowledge, or a noble lord in his status, or something similar. In this case, the benefit may require that he be given a respite of three days. If he persists in his disbelief, he is killed. As for the general people, he is killed immediately upon apostasy if it is established, because this is more painful for the community and better than people playing games, where one apostatizes, and when he is judged to be killed, he returns to Islam, and thus he plays. And for every situation, there is a specific ruling.
And in this is evidence for the strength of Mu'adh (may Allah be pleased with him), for he said: "I will not sit until he is killed." And thus it is befitting for a person, if he has the truth, not to be defeated by any of the people, because he has the truth, and the truth is dominant and not dominated. But the situation may require delaying the manifestation of the truth for the benefit of the truth, and for every incident, there is a specific ruling.
And everyone who disbelieves, his repentance is accepted for whatever sin it is, except for the one who insults the Prophet (peace and blessings be upon him). If he disbelieves by his insult and then repents, his repentance is accepted, and it is ruled that he is a Muslim, but he must be killed, to protect the honor of the Prophet (peace and blessings be upon him) and to take revenge for the Messenger of Allah (peace and blessings be upon him). And if we kill him after his repentance, he is a Muslim; we wash him, shroud him, pray over him, and bury him with the Muslims.
It has been reported on the authority of Abu Musa who said: I went to the Prophet (ﷺ) and with me were two men from the Ash'ari tribe. One of them was on my right hand and the other on my left. Both of them made a request for a position (of authority) while the Prophet (ﷺ) was brushing his teeth with a tooth-stick. He said (to me): Abu Musa (or 'Abdullah b. Qais), what do you say (about the request they have made)? I said: By God Who sent thee on thy mission with truth, they did not disclose to me what they had in their minds, and I did not know that they would ask for a position. The narrator says (while recalling this hadith): I visualise as if I were looking at the miswak of the Prophet (ﷺ) between his lips. He (the Holy Prophet) said: We shall not or shall never appoint to the public offices (in our State) those who with to have them, but you may go, Abu Musa (or Abdullah b. Qais) (to take up your assignment). He sent him to Yemen as governor. then he sent Mu'adh b. jabal in his wake (to help him in the discharge of duties). When Mu'adh reached the camp of Abu Musa, the latter (received him and) said: Please get yourself down; and he spread for him a mattress, while there was a man bound hand and foot as a prisoner. Mu'adh said: Who is this? Abu Musa said: He was a Jew. He embraced Islam. Then he reverted to his false religion and became a Jew. Mu'adh said: I won't sit until he is killed according to the decree of Allah and His Apostle (ﷺ) (in this case). Abu Musa said: Be seated. It will be done. He said: I won't sit unless he is killed in accordance with the decree of Allah and His Apostle (ﷺ). He repeated these words thrice. Then Abu Musa ordered him (to be killed) and he was kilied. Then the two talked of standing in prayer at night. One of them, i. e. Mu'adh, said: I sleep (for a part of the night) and stand in prayer (for a part) and I hope that I shall get the same reward for steeping as I shall get for standing (in prayer).
أَقْبَلْتُ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَمَعِي رَجُلَانِ مِنَ الْأَشْعَرِيِّينَ، أَحَدُهُمَا عَنْ يَمِينِي، وَالْآخَرُ عَنْ يَسَارِي، فَكِلَاهُمَا سَأَلَ الْعَمَلَ، وَالنَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَسْتَاكُ، فَقَالَ : مَا تَقُولُ يَا أَبَا مُوسَى؟ أَوْ يَا عَبْدَ اللهِ بْنَ قَيْسٍ؟ قَالَ : فَقُلْتُ : وَالَّذِي بَعَثَكَ بِالْحَقِّ، مَا أَطْلَعَانِي عَلَى مَا فِي أَنْفُسِهِمَا، وَمَا شَعَرْتُ أَنَّهُمَا يَطْلُبَانِ الْعَمَلَ، قَالَ : وَكَأَنِّي أَنْظُرُ إِلَى سِوَاكِهِ تَحْتَ شَفَتِهِ، وَقَدْ قَلَصَتْ، فَقَالَ : لَنْ، أَوْ لَا نَسْتَعْمِلُ عَلَى عَمَلِنَا مَنْ أَرَادَهُ، وَلَكِنِ اذْهَبْ أَنْتَ يَا أَبَا مُوسَى، أَوْ يَا عَبْدَ اللهِ بْنَ قَيْسٍ، فَبَعَثَهُ عَلَى الْيَمَنِ، ثُمَّ أَتْبَعَهُ مُعَاذَ بْنَ جَبَلٍ، فَلَمَّا قَدِمَ عَلَيْهِ، قَالَ : انْزِلْ، وَأَلْقَى لَهُ وِسَادَةً وَإِذَا رَجُلٌ عِنْدَهُ مُوثَقٌ، قَالَ : مَا هَذَا؟ قَالَ : هَذَا كَانَ يَهُودِيًّا فَأَسْلَمَ، ثُمَّ رَاجَعَ دِينَهُ دِينَ السَّوْءِ فَتَهَوَّدَ، قَالَ : لَا أَجْلِسُ حَتَّى يُقْتَلَ قَضَاءُ اللهِ وَرَسُولِهِ، فَقَالَ : اجْلِسْ، نَعَمْ، قَالَ : لَا أَجْلِسُ حَتَّى يُقْتَلَ قَضَاءُ اللهِ وَرَسُولِهِ، ثَلَاثَ مَرَّاتٍ، فَأَمَرَ بِهِ فَقُتِلَ، ثُمَّ تَذَاكَرَا الْقِيَامَ مِنَ اللَّيْلِ، فَقَالَ أَحَدُهُمَا، مُعَاذٌ : أَمَّا أَنَا فَأَنَامُ وَأَقُومُ، وَأَرْجُو فِي نَوْمَتِي مَا أَرْجُو فِي قَوْمَتِيThe Shaykh : In this hadith is evidence for what was mentioned previously, that the person who seeks authority is not appointed to it, because the norm is that the one who seeks it desires power, command, and the final say, so he is not appointed to it. But if the matter is delayed, and the one in authority sees that this person is qualified, then he appoints him, and there is no harm in that.
And in this is evidence for the killing of the apostate, and that if a person returns from Islam to disbelief, he is killed, and that this is the decree of Allah and His Messenger. The apparent meaning of the hadith is that he is not given the opportunity to repent. This issue is one in which the scholars (may Allah have mercy on them) differed: is the apostate given the opportunity to repent, and if he repents, the killing is lifted from him, or is he not given the opportunity to repent? Some said that he is given the opportunity to repent in all cases. Some said that he is not given the opportunity to repent in all cases, due to the generality of His saying:
Whoever changes his religion, execute him.
من بدل دينه فاقتلوهAnd in this is evidence for the strength of Mu'adh (may Allah be pleased with him), for he said: "I will not sit until he is killed." And thus it is befitting for a person, if he has the truth, not to be defeated by any of the people, because he has the truth, and the truth is dominant and not dominated. But the situation may require delaying the manifestation of the truth for the benefit of the truth, and for every incident, there is a specific ruling.
And everyone who disbelieves, his repentance is accepted for whatever sin it is, except for the one who insults the Prophet (peace and blessings be upon him). If he disbelieves by his insult and then repents, his repentance is accepted, and it is ruled that he is a Muslim, but he must be killed, to protect the honor of the Prophet (peace and blessings be upon him) and to take revenge for the Messenger of Allah (peace and blessings be upon him). And if we kill him after his repentance, he is a Muslim; we wash him, shroud him, pray over him, and bury him with the Muslims.