In the name of Allah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and Companions.
This is a summary of what was covered in this part of the explanation of al-Risalah by Imam al-Shafi’i, focusing on the important points and clarifications.
Another aspect of difference: differing rulings on fighting the polytheists:
- The hadith of al-Sa’b ibn Jaththamah on the ruling concerning the offspring of the polytheists:
- Al-Shafi’i cited the hadith of al-Sa’b ibn Jaththamah: “He heard the Prophet ﷺ being asked about the people of a settlement of polytheists who are attacked by night, so that some of their women and offspring are struck. He said: They are of them.”
- Other narrations have: “They are of their fathers.”
- Some of the Khawarij used this hadith as evidence that the offspring of the polytheists take their fathers’ ruling of unbelief.
- Al-Shafi’i will explain that this understanding is incorrect.
- The hadith of Ibn Ka’b ibn Malik on the prohibition of killing women and children:
- Al-Shafi’i cited the hadith of Ibn Ka’b ibn Malik: “When the Prophet ﷺ sent [a party] to Ibn Abi al-Huqayq, he forbade the killing of women and children.”
- Ibn Abi al-Huqayq was a well-known Jewish merchant in Khaybar.
- When the Muslims conquered Khaybar, the Prophet ﷺ sent for him to interrogate him about the treasures he had buried.
- This indicates that Allah the Exalted gave wealth and children for worship and gratitude; if the unbeliever is ungrateful for them, it is permissible for the Muslims to strip him of them.
- Reconciling the two hadiths:
- Sufyan held that the hadith “They are of them” indicates that killing them is permissible, and that the hadith of Ibn Abi al-Huqayq abrogates it.
- Al-Shafi’i rejected this, explaining that the hadith of al-Sa’b ibn Jaththamah was during the Prophet’s ﷺ ‘umrah (most likely the second ‘umrah, after the Treaty of al-Hudaybiyah), and that the affair of Ibn Abi al-Huqayq came after that, in the campaign of Khaybar.
- Al-Shafi’i explained that there is no separate established evidence showing that the Prophet ﷺ permitted the killing of women and offspring and then forbade it.
- He explained the meaning of the Prophet’s ﷺ prohibition of killing women and children:
- It is established that the Prophet ﷺ had a woman killed who had thrown a stone at a Companion and killed him.
- The Prophet ﷺ became angry when he found a woman killed in one of the battles and said: “Why did you kill this one?”
- What is meant by the prohibition is that women and children are not to be targeted for killing in the first place.
- It is permissible to kill them if they fight or kill a Muslim, or if they are killed by mistake during the fighting.
- Explanation of the meaning of “They are of them”:
- It does not mean that they are unbelievers like their fathers; rather, it means that they are joined to their fathers in some rulings connected with unbelief, such as captivity and enslavement.
- They do not have the status of faith by which blood is protected, nor the status of faith by which a settlement is protected from attack.
- If night attacks and raids are permitted, then striking women and children unintentionally is not prevented, and sin, expiation, and retaliation are lifted from whoever strikes them by mistake.
- We fight whoever fights us, and whoever refrains from us, we refrain from him.
- He forbade the killing of children because they have not reached [the age of] unbelief so as to act upon it, and because there is no purpose in fighting them.
- Women and children are taken (as captives) and so become a strength for the people of Allah’s religion.
- Evidence from the Qur’an for the permissibility of killing polytheists without intending to kill women and offspring:
- He cited the saying of the Exalted: “And never is it for a believer to kill a believer except by mistake” (Surat al-Nisa’ 4:92).
- The verse shows that the default is that a believer is not killed except by mistake, and killing based on a tenable interpretation falls under the meaning of mistake.
- Explanation of the rulings on accidental killing:
- Freeing a believing slave.
- Blood money (diyah) handed over to his family, unless they give it up as charity.
- The blood money is borne by the ‘aqilah (the paternal kin).
- Explanation of the meaning of the ‘aqilah and the importance of a person knowing his relatives.
- Clarification that the present situation contravenes Allah’s law regarding who bears the blood money.
- If the person killed was a believer from a people hostile to the Muslims, the blood money is not paid to the people of unbelief, lest they be strengthened by it.
- If the person killed was from a people with whom the Muslims have a treaty, the blood money is handed to his family.
- If the killer finds neither a slave nor wealth for the blood money, he fasts two consecutive months.
- The ruling on killing women and children of the polytheists by mistake:
- If women and children of the polytheists are killed by mistake, without intent, there is no blood money, no expiation, and no sin.
Some important benefits:
- Reconciling the hadith of al-Sa’b ibn Jaththamah with the hadith of Ibn Ka’b ibn Malik.
- Explanation of the meaning of “They are of them”.
- The rulings on fighting the polytheists.
- The rulings on accidental killing.
- The importance of a person knowing his relatives (the ‘aqilah).
- Deriving some rulings from the Qur’an.
We ask Allah the Exalted for acceptance and ease.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb