Explanation of Riyad al-Salihin-85b
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions.
The author (may Allah have mercy on him) mentioned, in the context of the hadiths, in "the chapter on the severe prohibition of riba
from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him), who saidSahih al-Bukhari 2766 Agreed upon by al-Bukhari and Muslim "
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) stated in what he quoted from the hadith of Abu Hurayrah in the Chapter on the Severity of the Prohibition of Riba (Usury or Interest) that the Prophet (peace and blessings be upon him) said and he kept them ambiguous and did not specify them the first time, in order for people to long for them until they come to their minds and they are prepared for them. And for this reason Sahih Ibn Hibban 4:118 And it has been mentioned to us previously that associating partners with Allah has types.
The second is and sorcery consists of knots and incantations, meaning cryptic recitations containing the names of devils and jinn spirits, which the sorcerer blows upon to harm the bewitched person with illness or death, or repulsion or attraction. Repulsion means he repels him from what he wants, and attraction means he attracts him to what he wants. As Allah the Exalted said [Al-Baqarah 2:102] And it is among the major sins. The sorcerer must be executed as a fixed punishment, whether he repents or not, due to the magnitude of his harm to people and his boldness, refuge with Allah. And for this reason it came in the hadith Jami` at-Tirmidhi 1460Da'if (Darussalam) and in a narration Then, some sorcery is disbelief, which is seeking the help of devils and jinn, and this is disbelief because of the saying of Allah, Blessed and Exalted is He, in Surat al-Baqarah [Al-Baqarah 2:102] And this is an explicit text that sorcery is disbelief if it is learned from the devils, because the devils cannot serve a human except with something that is shirk (associating partners with Allah). And the Prophet (peace and blessings be upon him) was bewitched; a wicked Jew named Labid ibn al-A'sam meaning the male date palm, whose fruit is called the date, known as the camphor or the female date palm. This wicked man placed the sorcery for the Messenger (peace and blessings be upon him) in a comb, the comb he usually uses to comb his hair, the combing, meaning what falls from the hair when combing, and he placed it in this well. But it did not affect the Prophet (peace and blessings be upon him) in any matter related to the message at all. But
And this is evidence of the wickedness of the Jews and that they are the most hostile of people. Indeed, Allah the Exalted said[Al-Ma'idah 5:82] Who? [Al-Ma'idah 5:82] So He began with the Jews before the polytheists, so they are the most hostile of people to the Muslims. And for this reason they bewitched the Prophet (peace and blessings be upon him). But Allah, and praise be to Allah, invalidated their sorcery. So sorcery is divided into two categories:
Disbelief, which is seeking the help of demonic spirits
And non-disbelief, which is through knots and medicines and the like, and herbs and the like
As for the ruling on the sorcerer, he must be executed in all cases. If he is a disbeliever, it is for his apostasy. And if his sorcery is less than disbelief, it is for his harm. Allah the Exalted said[Al-Ma'idah 5:33] Associating partners with Allah and sorcery
Sahih Muslim 89 And the soul which Allah has forbidden to kill are four, four souls, four souls: the Muslim, the dhimmi (a non-Muslim under Muslim protection), the mu'ahad (one with a treaty), and the musta'min (a non-Muslim granted safe conduct). These four, four souls, are respected, and it is not permissible to kill them. As for the Muslim, it is apparent.
And as for the dhimmi (a non-Muslim under Muslim protection), he is the one who is among us and in our land, from the People of the Book or others, who pays the jizyah (the tax on protected non-Muslims) to us, and we protect him from what harms him and respect him, even if he is not on Islam.
And as for the mu'ahad (one with a treaty), he is the one between us and them there is a treaty, even if they are in their lands, as happened between the Prophet (peace and blessings be upon him) and Quraysh in the Treaty of Hudaybiyyah. So if he is from the mu'ahadeen (those with treaties), it is forbidden for you to kill him, and he is a protected soul.
And as for the musta'min (a non-Muslim granted safe conduct), he is the one who enters our lands with a safe conduct we give him, either because he is a merchant who brings his trade and buys, or because he wants to seek Islam and know and understand Islam, as Allah the Exalted said[At-Tawbah 9:6]
As for the harbi (one at war) between us and whom there is war, and there is no treaty or dhimmah (protection) or safe conduct between us and him, then it is permissible to kill him, because there is no treaty between us and him, because he is at war with us. If he were able to reach us, he would kill those he kills of the Muslims. So he has no treaty and no dhimmah (protection).
And his saying (peace and blessings be upon him)Sunan Abi Dawud 4272Munkar (Al-Albani) means that the respected souls may be killed by right, and they are respected: a Muslim or a dhimmi (a non-Muslim under Muslim protection) or a mu'ahad (one with a treaty) or a musta'min (a non-Muslim granted safe conduct) is killed, such as the saying of the Messenger (peace and blessings be upon him) So if a person commits zina (unlawful sexual intercourse) and he is a thayyib (one who has previously married) who has married with a valid marriage contract and had intercourse with his wife, then he commits zina (unlawful sexual intercourse) after that, he is stoned with stones. He is stood up and the people gather to him, and they take stones smaller than an egg, not large enough to kill him quickly, and not small enough to be difficult for him, then they stone him. They avoid the fighter, they stone him on the back, on the belly, on the shoulder, on the thigh until he dies, as the Prophet (peace and blessings be upon him) did with al-Ghamidiyyah and Mazyad and others, Ma'iz ibn Malik, Ma'iz ibn Malik, and not Mazyad, Ma'iz ibn Malik.
The second is the soul for the soul. If a person kills a person intentionally and the conditions of qisas (retaliation in kind) are met, he is killed, even if he is a Muslim. The soul for the soul.
And the third is the one who leaves his religion, the one who separates from the community. It is said that this murtadd (apostate), meaning after he was a Muslim, left the religion, refuge with Allah, and separated from the community of Muslims, so he is killed. And the rest of the speech on the hadith will come, if Allah wills.
Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions.
The author (may Allah have mercy on him) mentioned, in the context of the hadiths, in "the chapter on the severe prohibition of riba
from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him), who said
Avoid the seven great destructive sins." The people enquire, "O Allah's Messenger (ﷺ)! What are they? "He said, "To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, (according to Islamic law), to eat up Riba (usury), to eat up an orphan's wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and to accuse, chaste women, who never even think of anything touching chastity and are good believers.
اجتنبوا السبع الموبقات قالوا: يا رسول الله وما هُنَّ قال: الشرك بالله، والسحرُ، وقتلُ النفس التي حرم الله إلا بالحق، وأكلُ الربا، وأكلُ مال اليتيم، والتولي يوم الزحف، وقذف المحصنات المؤمنات الغافلاتThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) stated in what he quoted from the hadith of Abu Hurayrah in the Chapter on the Severity of the Prohibition of Riba (Usury or Interest) that the Prophet (peace and blessings be upon him) said
Avoid the seven destructive sins
اجتنبوا السبع الموبقاتAvoid the seven destructive sins
اجتنبوا السبع الموبقاتThey said: What are they, O Messenger of Allah? He said: Associating partners with Allah.
قالوا ما هن يا رسول الله قال الشرك باللهThe second is
Sorcery.
السحرُAnd [yet] they learn from them that by which they cause separation between a man and his wife
فيتعلمون منهما ما يفرقون به بين المرء وزوجهThe punishment of the Sahir is a strike of the sword.
حد الساحر ضربه بالسيفA strike with the sword.
ضربة بالسيفAnd they followed [instead] what the devils had recited during the reign of Solomon. It was not Solomon who disbelieved, but the devils disbelieved, teaching people magic and that which was revealed to the two angels at Babylon, Harut and Marut. But the two angels do not teach anyone unless they say, "We are a trial, so do not disbelieve
واتبعوا ما تتلوا الشياطين على ملك سليمان وما كفر سليمان ولكن الشياطين كفروا يعلمون الناس السحر وما أنزل على الملكين ببابل هاروت وماروت وما يعلمان من أحد حتى يقولا إنما نحن فتنة فلا تكفرHe placed sorcery for him in a well, in the well of Arees, in a comb and combing, and the fruit of a male date palm.
وضع له سحرا في بئر في بئر أريس في مشط ومشاطة وجف طلعة ذكرIt began to appear to him that he had gone to his wife or that he had done something, when in fact he had not, until Allah (Mighty and Majestic) revealed the two surahs: *Say, I seek refuge in the Lord of the dawn* and *Say, I seek refuge in the Lord of mankind*. Jibril recited them over him as a ruqyah, and he was healed by the permission of Allah. Then the sorcery was extracted from this well, and its knot was untied and its effect nullified.
صار يخيل إليه أنه أتى أهله أو أنه فعل الشيء ولم يفعله حتى أنزل الله عز وجل سورتي قل أعوذ برب الفلق قل أعوذ برب الناس فرقاه بهما جبريل فشفي بإذن الله ثم استخرج السحر من هذه البئر وفله وأبطلهAnd this is evidence of the wickedness of the Jews and that they are the most hostile of people. Indeed, Allah the Exalted said
You will surely find the most intense of the people in animosity toward the believers
لتجدن أشد الناس عداوة للذين آمنواthe Jews and those who associate others with Allah
اليهود والذين أشركواDisbelief, which is seeking the help of demonic spirits
And non-disbelief, which is through knots and medicines and the like, and herbs and the like
As for the ruling on the sorcerer, he must be executed in all cases. If he is a disbeliever, it is for his apostasy. And if his sorcery is less than disbelief, it is for his harm. Allah the Exalted said
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land
إنما جزاء الذين يحاربون الله ورسوله ويسعون في الأرض فسادا أن يقتلوا أو يصلبوا أو تقطع أيديهم أو أرجلهم من خلاف أوينفوا من الأرضkilling of one whom God has declared inviolate without a just cause
وقتلُ النفس التي حرم الله إلا بالحقAnd as for the dhimmi (a non-Muslim under Muslim protection), he is the one who is among us and in our land, from the People of the Book or others, who pays the jizyah (the tax on protected non-Muslims) to us, and we protect him from what harms him and respect him, even if he is not on Islam.
And as for the mu'ahad (one with a treaty), he is the one between us and them there is a treaty, even if they are in their lands, as happened between the Prophet (peace and blessings be upon him) and Quraysh in the Treaty of Hudaybiyyah. So if he is from the mu'ahadeen (those with treaties), it is forbidden for you to kill him, and he is a protected soul.
And as for the musta'min (a non-Muslim granted safe conduct), he is the one who enters our lands with a safe conduct we give him, either because he is a merchant who brings his trade and buys, or because he wants to seek Islam and know and understand Islam, as Allah the Exalted said
And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety. That is because they are a people who do not know.
وإن أحد من المشركين استجارك فأجره حتى يسمع كلام الله ثم أبلغه مأمنه ذلك بأنهم قوم لايعلمونAs for the harbi (one at war) between us and whom there is war, and there is no treaty or dhimmah (protection) or safe conduct between us and him, then it is permissible to kill him, because there is no treaty between us and him, because he is at war with us. If he were able to reach us, he would kill those he kills of the Muslims. So he has no treaty and no dhimmah (protection).
And his saying (peace and blessings be upon him)
such life as Allah has made sacred, except for just cause
التي حرم الله إلا بالحقThe blood of a Muslim is not lawful except in one of three cases: the married person who commits zina, the life for a life, and the one who leaves his religion and separates from the community
لا يحل دم امرء مسلم إلا بإحدى بثلاث الثيب الزاني والنفس بالنفس والتارك لدينه المفارق للجماعةThe second is the soul for the soul. If a person kills a person intentionally and the conditions of qisas (retaliation in kind) are met, he is killed, even if he is a Muslim. The soul for the soul.
And the third is the one who leaves his religion, the one who separates from the community. It is said that this murtadd (apostate), meaning after he was a Muslim, left the religion, refuge with Allah, and separated from the community of Muslims, so he is killed. And the rest of the speech on the hadith will come, if Allah wills.
