5 replies

  1. Leaving these references below so that lying Joel doesn’t spread any lies:

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    1. The Unlawfulness of Killing Non-Muslim Women

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    ʿAbd Allāh b. ʿUmar said,

    ‘A woman was found slain in one of the expeditions. Upon this the Messenger of God ﷺ forbade the killing of women and children’.¹

    Ibn Baṭṭāl and Imam al-Nawawī have both supported this standpoint in Sharḥ Ṣaḥīḥ al-Bukhārī (5:186) and Sharḥ Ṣaḥīḥ Muslim (12:37), respectively, and declared that killing women is in direct contravention to Islamic teachings. There is also a hadith narrated by ʿAbd al-Razzāq in his Muṣannaf, al-Shāfiʿī in his al-Musnad, al-Ṭaḥāwī in Sharḥ maʿānī al-āthār and al-Bayhaqī in al-Sunan al-kubrā from the son of Kaʿb b. Mālik who mentioned that when the Prophet ﷺ dispatched an army to Ibn Abī Ḥaqīq, he forbade the killing of women and children.² Abū Thaʿlaba said,

    ‘The Messenger of God ﷺ prohibited the murder of women and children’.³

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    ¹ : Narrated by al-Bukhārī in al-Ṣaḥīḥ: Kitāb al-jihād wa al-siyar [The Book of Martial Jihad and Battles], chapter: ‘Killing Women in War’, 3:1098 §2852; Muslim in al-Saḥīḥ: Kitāb al-jihād wa al-siyar [The Book of Martial Jihad and Battles], chapter: ‘The Unlawfulness of Killing Women and Children during War’, 3:1364 §1744; al-Tirmidhī in al-Sunan: Kitāb al-siyar [The Book of Military Expeditions], chapter: ‘What Has Come to Us About the Killing of Women and Children’, 4:136 §1569; Ibn Mājah in al-Sunan: Kitāb al-jihād [The Book of Martial Jihad], 2:947 §2841; and Aḥmad b. Ḥanbal in al-Musnad, 2:22 §4739.

    ² : Narrated by ʿAbd al-Razzāq in al-Muṣannaf, 5:202 §9385; al-Shāfiʿī in al-Musnad, p. 238; cited by al-Ṭaḥāwī in Sharḥ maʿānī al-āthār, 3:221; and by al-Bayhaqī in al-Sunan al-kubrā, 9:77 §17865.

    ³ : Narrated by al-Ṭabarānī in al-Muʿjam al-awsaṭ, 7:113 §7011.

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    2. The Unlawfulness of Killing the Children of Non-Muslims

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    Quoting a letter of Ibn ʿAbbās , Imam Muslim wrote in his collection:

    ‘Indeed, the Messenger of God ﷺ did not kill children; so you must not kill them either’.¹

    In another hadith, the Prophet ﷺ forbade the Companions– with very harsh words–from killing the children of non-Muslims, and repeated his prohibition for effect. Aswad b. Sarīʿ said,

    ‘We were once in a battle and gained the upper hand and killed many of the pagans, including some children. News of this reached the Messenger of God ﷺ and he said, “What is wrong with some people that they went so far as to kill children? Beware! Do not kill children at all! Beware! Do not kill children at all!” Someone asked, “Why, O Messenger of God? Are they not the children of the pagans?” He ﷺ replied, “Are the best amongst you not from the children of pagans?”’²

    In another narration it reads: ‘A man said, “O Messenger of God! They are only the children of the pagans!” He ﷺ replied,

    “The best of you are children of pagans. Beware! Children must not be killed”.’³

    And it is mentioned in Abū Bakr’s g dictated commands to Yazīd b. Abī Sufyān: ‘Kill neither a feeble old man nor a fragile young child’; in other words, an elderly man and young child do not fight.⁴

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    ¹ : Narrated by Muslim in al-Ṣaḥīḥ: Kitāb al-jihād wa al-siyar [The Book of Martial Jihad and Battles], 3:1444 §1812.

    ² : Narrated by al-Nasāʾī in al-Sunan al-kubrā: Kitāb al-siyar [The Book of Military Expeditions], chapter: ‘The Prohibition of Killing the Children of the Pagans’, 5:184 §8616; al-Dārimī in al-Sunan, 2:294 §2463; al-Ḥākim in al-Mustadrak, 2:133–134 §§2566–2567; and al-Ṭabarānī in al-Muʿjam al-kabīr, 1:284.

    ³ : Narrated by Aḥmad b. Ḥanbal in al-Musnad, 3:435 §§1562615627; and al-Bayhaqī in al-Sunan al-kubrā, 9:77 §17868.

    ⁴ : Al-Sarakhsī, al-Mabsūṭ, 10:5-6.

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    3. The Unlawfulness of Killing Elderly Non-Muslims

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    Imam Abū Dāwūd narrates on the authority of Anas b. Mālik that the Prophet ﷺ said,

    ‘Do not kill any feeble old man, or any infant or young child or woman’.¹

    Imam Ibn Abī Shayba narrates on the authority of al-Ḍaḥḥāk who said,

    ‘The Prophet ﷺ used to forbid the killing of women and feeble old men’.²

    Imam Ibn Abī Shayba also narrates on the authority of Rāshid b. Saʿd who said,

    ‘The Messenger of God ﷺ forbade the killing of women, children and the infirm’.³

    Imam al-Bayhaqī narrated a hadith from ʿAlī , that when the Prophet ﷺ would dispatch an army, he would advise them,

    ‘Do not kill a young boy, a woman or an old man. Do not cause fountains to dry up and do not destroy any trees, except those which cause hindrance during war. Mutilate neither a human nor an animal, and do not break a promise or breach a trust’.⁴

    Jubayr b. Nufayl said,

    ‘A man passed by Thawbān , so he [Thawbān] asked him, “Where do you intend to go?” The man said, “I want to wage battle in the path of God”. Thawbān then said to him, “If war booty comes your way, do not steal from it, and do not kill an old man or a young boy”. Upon hearing this, the man asked him, “From whom did you hear this?” Thawbān replied, “From the Messenger of God ﷺ”.’⁵

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    ¹ : Narrated by Abū Dāwūd in al-Sunan: Kitāb al-jihād [The Book of Martial Jihad], 3:37 §2614; Ibn Abī Shayba in al-Muṣannaf, 6:483 §33118; and al-Bayhaqī in al-Sunan al-kubrā, 9:90 §17932.

    ² : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:484 §33133.

    ³ : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:484 §33135.

    ⁴ : Narrated by al-Bayhaqī in al-Sunan al-Kubrā, 9:90 §17934.

    ⁵ : Narrated by Ibn ʿAsākir in Tārīkh Dimashq al-kabīr, 27:404.

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    4. The Unlawfulness of Killing the Religious Leaders of Non-Muslims

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    Imam Aḥmad b. Ḥanbal quoted Ibn ʿAbbās who said that the Prophet ﷺ would issue clear instructions when dispatching an army to go into battle. He ﷺ would say,

    ‘Break no promise, steal not from the spoils of war and do not mutilate bodies or slay children or monks’.¹

    Imam Ibn Abī Shayba mentions another hadith from Ibn ʿAbbās in which the Prophet ﷺ said as he dispatched an army,

    ‘Do not kill those who tend to the monasteries’.²

    Imam Ibn Abī Shayba also quotes Thābit b. Ḥajjāj al-Kilābī, who reported that Abū Bakr stood up, praised God and said to people,

    ‘Beware, no [non-combatant] priest tending to his monastery should be killed’.³

    Imam al-Bayhaqī narrates that Saʿīd b. al-Musayyab reported that Abū Bakr al-Ṣiddīq would always say to the Islamic army as he dispatched it for legitimate warfare,

    ‘Do not drown or burn date-palm trees. Do not kill any animal. Do not cut down a fruit-bearing tree. Do not demolish a church. And do not kill any children or old people or women. Soon you shall you come upon people who have secluded themselves in cloisters; you must leave them to engage in that for whose sake they have secluded themselves’.⁴

    Likewise, another tradition reported by Ṣāliḥ b. Kaysān and narrated by Imam al-Bayhaqī mentions that Abū Bakr al-Ṣiddīq said as he was dispatching the Islamic army towards Syria,

    ‘You shall soon come upon people who have secluded themselves in monasteries; you must leave them to engage in that for whose sake they have secluded themselves. Do not kill an old, feeble man or a woman or a child. Do not damage any populated area. Do not cut down trees needlessly. Do not kill animals unless it is for a benefit [to feed others]. Do not burn down date-palm trees or drown them. Do not commit any treachery. Do not mutilate (anyone). Do not behave cowardly. And do not take anything without right when distributing the spoils of war’.⁵

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    ¹ : Narrated by Aḥmad b. Ḥanbal in al-Musnad, 5:358 §2728.

    ² : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:484 §33132; Abū Yaʿlā in al-Musnad, 5:59 §2650; al-Ṭaḥāwī in Sharḥ maʿānī al-āthār, 3:225; and al-Daylamī in Musnad al-firdaws, 5:45 §7410.

    ³ : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:483 §33127.

    ⁴ : Narrated by al-Bayhaqī in al-Sunan al-kubrā, 9:85 §17904.

    ⁵ : Narrated by al-Bayhaqī in al-Sunan al-kubrā, 9:90 §17929.

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    5. The Unlawfulness of Killing Non-Muslim Traders and Farmers

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    Imam Ibn Abī Shayba and Imam al-Bayhaqī narrated on the authority of Jābir b. ʿAbd Allāh who said,

    ‘They [the Muslim soldiers] did not kill the merchants amongst the pagans’.¹

    Imam Ibn Abī Shayba also narrated on the authority of Zayd b. Wahb that ʿUmar sent him a letter in which he said,

    ‘Do not take anything without right when distributing the spoils of war, and do not commit any treachery or kill children. And fear God regarding farmers’.²

    Imam al-Bayhaqī’s version of this report reads,

    ‘Fear God regarding the farmers and do not kill them’.³

    Ibn al-Qayyim said,

    ‘Indeed, when the Companions of the Prophet ﷺ opened (fataḥū) the various lands, they did not kill them [farmers and merchants] because the latter did not fight [against them], and so in that sense they [the civilians] resembled the elderly and the religious leaders’.⁴

    Imam al-Awzāʿī took a similar view and said,

    ‘Farmers are not to be killed [during war] if it is known that they are not from the combatants’.⁵

    And Ibn Qudāma al-Maqdisī stated,

    ‘As for the farmer who is a non-combatant, he should not be killed, because it was narrated from ʿUmar b. al-Khaṭṭāb that he said, “Fear God regarding the farmers who do not wage war against you”.’⁶

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    ¹ : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:484 §33129; al-Bayhaqī in al-Sunan al-kubrā, 9:91 §17939; and cited by Ibn Ādam al-Qurashī in al-Kharāj, 1:52 §133.

    ² : Narrated by Ibn Abī Shayba in al-Muṣannaf, 6:483 §33120; and cited by Ibn Ādam al-Qurashī in Kitāb al-Kharāj, 1:52 §132.

    ³ : Narrated by al-Bayhaqī in al-Sunan al-kubrā, 9:91 §17938.

    ⁴ : Ibn al-Qayyim, Aḥkām ahl al-dhimma, 1:165.

    ⁵ : Ibn al-Qayyim, Aḥkām ahl al-dhimma, 1:165.

    ⁶ : Ibn Qudāma al-Maqdisī, al-Mughnī, 9:251.

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    6. The Unlawfulness of Killing Non-Muslim Service Personnel

    Rabāḥ b. Rabīḥ said,

    ‘We were with the Messenger of God ﷺ in one of the battle expeditions, when he saw some people gathered around something. He sent a man out, saying, “Go and see what they are gathering around”. The man returned and informed him, saying, “They are gathering around a slain woman”. The Prophet ﷺ said, “She was not amongst those who fight!” At the head of the group was Khālid b. Walīd, so the Prophet sent a man to go and inform Khālid: “Neither an [idolatrous] woman nor a hired servant should be killed”.’ [In one report:] ‘Do not kill children or hired servants’.¹

    In fact, non-Muslim employees working in the households of non-Muslim employers in the conquered areas are not to be killed and no kind of tax can be imposed upon them. Ibn al-Qayyim stated the same thing, quoting ʿAbd Allāh b. ʿUmar :

    ‘The blood of a servant is inviolable, and is thereby similar to that of women and children’.²

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    ¹ : Narrated by Abū Dāwūd in al-Sunan: Kitāb al-jihād [The Book of Martial Jihad], chapter: ‘The Killing of Women’, 3:53 §2669; Ibn Mājah in al-Sunan: Kitāb al-jihād [The Book of Martial Jihad], 2:948 §2842; Aḥmad b. Ḥanbal in al-Musnad, 3:488 §16035; al-Nasāʾī in al-Sunan al-kubrā, 5:186–187 §§8625, 8627; and al-Ḥākim in al-Mustadrak, 2:133 §2565.

    ² : Ibn Qayyim al-Jawziyya, Aḥkām ahl al-dhimma, 1:172.

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    7. The Unlawfulness of Killing Non-Muslims Who are Non-Combatants

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    Imam Muslim narrated on the authority of Abū Hurayra that the Messenger of God ﷺ said on the day of the conquest of Mecca,

    ‘Whoever enters Abū Sufyān’s house is safe, and whoever lays down his weapon is safe and whoever shuts his door is safe’.¹

    All of these steps convey the message of peace and protection.

    It is reported in ʿAbd al-Razzāq’s Muṣannaf that ʿAlī b. Abī Ṭālib said,

    ‘The injured person or prisoner should not be killed, and the one who flees should not be pursued’.²

    According to another narration recorded by ʿAbd al-Razzāq, Juwaybir reported that a woman from the tribe of Banū Asad told him that she heard ʿAmmār declare after ʿAlī had finished the Battle of the Camel,

    ‘Do not kill an injured person and do not enter the house of someone who has laid down his arms, for he is considered safe. Similarly, the one who shuts his door is considered safe’.³

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    ¹ : Narrated by Muslim in al-Ṣaḥīḥ: Kitāb al-jihād wa al-siyar [The Book of Martial Jihad and Military Expeditions], chapter: ‘The Conquest of Mecca’, 3:1407 §1780; Abū Dāwūd in al-Sunan: Kitāb al-kharāj wa al-imāra wa al-fayʾ [The Book of Land Tax, Leadership and the Spoils Acquired without Fighting], 3:162 §3021; and al-Bazzār in al-Musnad, 4:122 §1292.

    ² : Narrated by ʿAbd al-Razzāq in al-Muṣannaf, 10:123 §18590.

    ³ : Narrated by ʿAbd al-Razzāq in al-Muṣannaf, 10:124 §18591.

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  2. He should have added this rule:

    Don’t start a war without sufficient justification 🙂

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