CLASS #56

BISMILLAAHIRRAHMAANIRRAHEEM

CLASS #56 7th July, 2012

We Praise Allaah, saying Alhamdulilaah - that thanks and praise are due to Him alone, the
Lord of all the worlds. We pray that Allaah ta’alaa raises the status of Muhammad, our
Prophet and Messenger; grant him, his family, his Companions and his followers an
abundance of peace.

CHAPTER 62
As for this evenings topic then walhamdulilaah, we have reached the chapter in the great
book, ‘Kitaab at-Tawheed’ THE CHAPTER STRESSING AN OBLIGATION TO HOLD TO ONE’S
OATHS AND COVENANTS, to respect them and uphold them; to keep them honoured and not
to violate them. To treat them in a way that shows other than the utmost respect, meaning
the agreements that we enter into in general and specifically those that we do in the name
of Islaam. The author begins by saying after the name of the ‘baab’: THE CHAPTER OF THE
COVENANTS WITH ALLAAH AND HIS MESSENGER, AND THE STATEMENT OF ALLAAH:

And fulfill the Covenant of Allaah when you have covenanted, and break not the oaths after
you have confirmed them - and indeed you have appointed Allaah your surety. Verily, Allaah
knows what you do.

[Soorah An-Nahl(16):91]

And fulfill the covenant of Allaah when you make agreements, and do not violate oaths after
confirming them.
[16:91]

The remaining part of this verse is: Verily you have made Allaah ta’alaa the guarantor of
what you are promising, or the agreement you have entered into. Verily Allaah knows what
you are doing.

That is the 91st verse of Soorah an-Nahl, the sixteenth chapter of the Qur’aan. Where
Allaah ta’alaa stresses the importance of, and orders us to fulfill our oaths, and our
agreements that we enter into.

Our Shaykh Saalih al-Fawzaan (hafidhahullaah) in his book called ’Al-Mulakh-khas’, which is
an abbreviated and simple explanation of Kitaab at-Tawheed; he says, what can be gained of
benefit from this verse:

FIRSTLY - the obligation of upholding and fulfilling one’s covenants, and pacts, treaties or
agreements.

SECONDLY - a prohibition of violating one’s agreements and promises, all of those that are
understood to be part of covenants and agreements that we have entered into.

THIRDLY - to affirm that Allaah ta’alaa has knowledge, He is the Most High. That the
knowledge that He has necessitates that nothing is hidden from Him, ever.

FOURTHLY - a severe threat of punishment that lies in wait for those who violate their oaths
and their covenants.

The hadeeth mentioned by the author which follows this meaning is quite a long one. It is
the only thing we are going to study today insha’Allaah.

1
 CLASS #56

Buraydah Ibnul-Husayb (may Allaah be pleased with him) narrated:

“When the Messenger of Allaah (sallallaahu alaihi wasallam) appointed anyone as a leader
of an army or detachment; he would especially exhort him to fear Allaah and to be good to
the Muslims who were with him. Then he would say, ‘Fight in the Name of Allaah and in the
way of Allaah. Fight against those who disbelieve in Allaah. Fight in the Cause of Allaah, do
not embezzle the spoils; do not break your pledge; do not mutilate (the dead) bodies, and do
not kill the children. When you meet your enemies who are polytheists, invite them to three
courses of action. If they respond to any one of them, you should accept it and withhold
yourself from doing them any harm. Invite them to embrace Islaam: if they respond to you,
accept it from them and desist from fighting against them. Then invite them to emigrate
from their lands to the land of the Muslim Migrants (Muhaajirun) and inform them that if they
do so, they shall have all the privileges and obligations of the Muslim Migrants. If they
refuse to emigrate, tell them that they will have the status of Bedouin Muslims and will be
subjected to the Commands of Allaah like other Muslims, but they will not get any share
from the spoils of war or that of the fay’ (spoils gained without war) except when they
actually fight with the Muslims (against the disbelievers). If they refuse to accept Islaam,
demand from them the jizyah (land tribute). If they agree to pay, accept it from them and
hold off your hands. If they refuse to pay the jizyah, seek Allaah’s help and fight them.
When you lay siege to a fort and the besieged appeal to you for protection in the Name of
Allaah, and His Prophet, do not accord to them your own guarantee of Allaah and His
Prophet, but accord to them your own guarantee and the guarantee of your companions for
it is a lesser sin that the security given by you or your companions be disregarded than that
the security granted in the Name of Allaah and His Prophet be violated. When you besiege a
fort and the besieged want you to let them out in accordance with His Command, but do so
at your own command, for you do not know whether or not you will be able to carry out
Allaah’s Command with regard to them.’ “

[Taken from, ‘Concise Commentary of the Book of Tawheed,’ by Dr. Saalih Al-Fawzaan (page
#441). Related by Muslim (1731), Aboo Daawood (2612, 2613), At-Tirmidhi (1617) and Ibn
Maajah (4858).]

It is a hadeeth that we have divided into seven parts. The hadeeth was collected by Imaam
Muslim. Let us read the text as was transmitted by the author of Kitaab at-Tawheed, Shaykh
Muhammad Ibn Abdul-Wahhaab at-Timimi (rahimahullaah) - may Allaah ta’alaa have mercy
on him. He says in the text of the book: on the authority of Buraydah - may Allaah ta’alaa
be pleased with him, he said the Messenger of Allaah (sallallaahu alaihi wasallam); when he
placed an amir, a leader in charge of an army or a small dispatchment of that army on a
secret mission. He says here in the text of the book_________, however in Saheeh Muslim
includes a slight omission, that is the text of Saheeh Muslim reads, that he would admonish
him with regards to his individual obligations that he is specifically responsible for to have
the fear of Allaah, to have consciousness of Allaah ta’alaa, the Most High. He would also
admonish him and those with him in a good way, to do good, he would admonish him
towards good.
Initiate the battle in the Name of Allaah, in the Way of Allaah, fight those who disbelieve in
Allaah, fight and do not take from the spoils before their distribution, (as it is a kind of
treachery)and do not behave treacherously (that was left out on the board). Do not mutilate
bodies or kill children... (some Scholars said, it means children or slaves).

Here we have an admonishment from the Messenger (sallallaahu alaihi wasallam), and it
clearly is set up here in Saheeh Muslim to be an admonishment to the leader of the army.
From this hadeeth we have a piece of information that helps us to understand the
completeness of our religion and how it relates to a very specific point of attack that the
non-Muslims try their best to take advantage of when they criticise Islaam. However, we

2
 CLASS #56

read these ahadeeth and these ayaat which have in them encouragement to fight and kill.
We read them as Salafies - as people who follow the way of the Salaf. The understanding
firstly of the Prophet (sallallaahu alaihi wasallam), his beloved Companions, the early
righteous followers and Imaams of Islaam we understand these admonitions in their proper
places. We do not seek to nullify them, to say there is no such thing as jihaad or military
rules in Islaam. Islaam is all about flowers, love and peace, and there is no such thing as
fighting in Islaam. We do not say that. However we say the the fighting that is in Islaam is
the military kind. Every state on the planet, every nation, every leadership, every
government of every place reserves the right to retain military power to protect and/or
advance its State. Likewise Islaam is not only a religion, but it is a state, and it is a
government, it is a system by which the leader of the people is to lead the people. Islaam
and the rulings of Allaah ta’alaa, the specific and general ones may not be separated from
our governments; as is the case with the non-Muslims.

The rules for running a country and running a military are found in the Qur’aan and the
Sunnah. This does not mean that we will take the rules that are to be applied to an army
sent forth to fight. We do not take the encouragements and the recommendations, and the
incitement to fight that is offered to the army members, to the infantry, to those who fight in
the battles; we do not take this and apply it to everyday people. And say the approach of
the average Muslim is __________________, or similar ahadeeth - go forth and begin the battle
with the Name of Allaah, in the Way of Allaah, fight those who have disbelieved in Allaah. As
the Messenger (sallallaahu alaihi wasallam) did not say this hadeeth when he addressed the
masses during his final Hajj. But these words were said, as Buraydah (radiaAllaahu anhu)
has clearly described and made abundantly clear when he sent forth his army in established
military conflict, under the Muslim government that the Messenger (sallallaahu alaihi
wasallam) was established as the head of.
At this time it is for every military to incite their infantry men, their sergeants, their
lieutenants, whatever ranks they hold. It is at this time that the leadership must incite their
fighters to fight. The critics of Islaam say, these ayaat and these ahadeeth that talk about
fighting and killing, they show that Islaam is a religion of violence, blood, gnaw, murder and
obviously not a religion of peace.

We say to you, what double standards you have, because you, yourselves and your military
systems, and your military handbooks, and your guides for training your troops; you have
very severe admonitions and incitements that you give your own troops when you teach
them to kill and have no mercy. That is the very nature of the training of a fighter, and the
preparation of a fighter before the battle. While our Messenger, (sallallaahu alaihi wasallam)
his common message to the people was, have mercy on the people on the earth, so that the
One above the Heavens shall have mercy upon you. His message was, give glad tidings and
don’t run the people away. Make things easy on the people and do not make things difficult.
This was the normal way of the Messenger (sallallaahu alaihi wasallam) in his day to day
teaching and his day to day invitation. However, at the time of dispatching an army, it is not
appropriate, nor could it ever be considered wise in any circumstance to send forth an army
to fight and tell them, have mercy on the people, be kind and lenient, be forgiving, overlook
their transgressions, be patient with the harms that befall you, and take those harms in the
Way of Allaah, do not respond with any harm or any force. Rather, everyone on earth would
agree that the military before a war, before a military expedition, must be encouraged to
fight, to use force, to be brave, to be strong, to be aggressive. As they say, ‘Take no
prisoners,’ meaning, be ruthless. This is an admonition that has its place. Since Islaam is
the perfect religion covering all aspects of a person’s life, then yes, what would normally be
found in a non-Muslim’s handbook of war, or guidelines for preparing the army for battle.
That specific issue and every economic, social, religious, personal, private, public, every
issue that the Muslims need for their lives is found in the Book of Allaah and the Sunnah of
the Messenger (sallallaahu alaihi wasallam). So it is double standards and falsehood by
which the non-Muslim critics of Islaam, attack Islaam through these texts. We say these

3
 CLASS #56

texts are the truth. They contain guidance for the Muslims when they implement them in
the right places. It is not for a Muslim to read the Book of Allaah and the Sunnah of the
Prophet (sallallaahu alaihi wasallam) with verses that are to be applied in specific places and
apply those verses outside of their places. For doing that a person becomes a innovator,
innovating practices in other than their proper places, in a blameworthy way. When I
mention innovation here, I mean in a negative, blameworthy, shameful way. Our Prophet
(sallallaahu alaihi wasallam) admonished us to stick to his message and not to go into
religious innovation. Doing acts in Islaam, ascribing them to Islaam. they are either acts of
worship that have no basis - called bid’aah haqiaa or asleeha - original bid’aah or
foundational bid’aah. Or there are bid’aah ithafiyyah - they are acts of worship or legislated
ways of guidance being applied in other than in their legislated ways, with new forms or in
new occasions that Allaah ta’alaa sent down no authority for. Those ideas, those wrong
implementations of forms of guidance for some occasions in the wrong places. They are acts
of innovation, they have been warned against by Allaah ta’alaa and His Messenger
(sallallaahu alaihi wasallam).

So he forbade the Muslims from taking from the booty, the spoils of war before it is
distributed. As many military systems are chaotic and the fighters in their militaries can
take whatever they like from whatever they have a personal part in acquiring. Yet Islaam is
balanced, Islaam is fair. So Allaah’s Messenger (sallallaahu alaihi wasallam) told them to
fight and not to take from the spoils before their distribution. And not to betray, meaning
they have to fulfill a covenant, even in a time of war, when deception is a must for planning
the battle and for common acts of interaction. you cannot honestly tell your enemy when
you will be there to fight, but you must use forms of deception in an established military
engagement. Even with that when a covenant is made in the Name of Allaah, you may not
break that covenant. You may not say, ‘Well, battles or war is deception.’ Rather you must
stick to your covenants. You must hold to your agreements that you enter into.

Do not mutilate bodies. Do not cut them apart and do not disfigure them. That is because
Islaam is balanced and it preserves the rights of humans, of human dignity. Even if they are
the enemies of Islaam in a military battle, they are not to be disfigured and mutilated after
their death. As this is a kind of transgression that doesn’t bring any benefit to the goals of
the army in that expedition.

And the prohibition comes not to kill children. This prohibition of killing children is one of the
many exceptions from the generality of being fierce and aggressive at times of war. You are
not allowed to kill children, the Muslim army, under the guidance of the Muslim government,
in accordance to their orders and following their directives. They are not allowed to kill
children, nor are they allowed to kill women, as we understand from other ahadeeth. Nor
are they allowed to kill the elderly. Nor are they allowed to kill non-combatants who are
peaceful, like monks in monasteries and so on. All of this shows you that Islaam has a
stance against weapons of mass destruction. Even though the phrase itself ‘weapons of
mass destruction’ is tied by the Jewish media to many Muslim countries without any proof.
This phrase is uttered and repeated all over the news in the Jewish media system - ‘weapons
of mass destruction’ - it is a scary word and it is something that the West uses to attach to
the image of Islaam. That Islaam has something to do with weapons of mass destruction. It
has been a common thing to scare and terrify the people with when thinking about Islaamic
countries or Muslim countries. To delve into the reality of this deceitful claim by the Western
media. We need to investigate the origin or the first wide spread use of something called
‘a weapon of mass destruction’ that kills indiscriminately. Like a large bomb or a large
weapon of attack that will destroy entire buildings, entire streets, entire neighbourhoods.
Large cannons and what not, they would destroy families, killing the children and the elderly
along with the combatants. Islaam is clear. Our hadeeth shows us not to kill children, so that
ruling includes that we are not to use weapons that kill indiscriminately, that is weapons of
mass destruction.

4
 CLASS #56

The Western world witnessed a number of atrocities throughout their histories of wars, their
transgressions and their violations of each others rights throughout history. Walhamdulilaah,
Ilsaam has not been a part of that, in a general sense. The Islaamic governments in a
general way and Muslims in general seek to follow the guidance of their Messenger
(sallallaahu alaihi wasallam), so they do not fall into these kinds of atrocities.

Everyone wants to mention September 11th, and what was claimed that happened on
September 11th at the hands of some Muslims. And the death of so many thousands of
people as a result of the actions of people who sought to kill or destroy buildings in a way
that would cause indiscriminate death. We say first of all without knowing the reality of
what had happened and the details of what had happened on that day; that clearly those
events are against Islaam. It is sufficient for us today to look at the hadeeth we are studying
and to know the opposition of Islaam to such an act.
Secondly, the critics of Islaam keep trying pin this on Islaam. And not some mistake by
Muslims, at best. At worst, some deceptive plot by the enemies of Islaam to disgrace
Islaam.

Let us look to those critics and their history of the use of the word, ‘the weapons of mass
destruction.’ Did you know that in one of the world wars, world war two, the United States
dropped a bomb on a city in Japan called Hiroshima. If you look at facts, I was amazed as an
American, raised in America, having gone through the American education system, in one of
the better States for education, in the State of Pennsylvania, I was astonished to find out
after my complete education that there is actually no difference between an atomic bomb
and a nuclear bomb. First of all I was tricked into thinking that an atomic bomb was a bomb
that is powerful and useful. A nuclear bomb is filthy and has an evil motive behind it. It is
destructive in a way that is poisonous and disfiguring. I was given this impression through
reading the textbooks that I read and the upbringing that I had, and the result of the media
propaganda that I witnessed throughout my childhood. That the nuclear bomb is filthy,
dirty, disfiguring, it has so many chemical repercussions to the earth, to the environment.
But the atomic bomb is just a hard hitting military tool that you use in a time of war when
you need to destroy a city or a strategic military location. I was taught that we used an
atomic bomb in WW2 on the city of Hiroshima, and we were afraid throughout the 80’s of
the nuclear weapons pointed at us by the Russians, in the so-called Cold War and the ‘space
race’ - the race for space exploration and the use of missiles and nuclear weapons or the
building of stock of these nuclear weapons. So we were terrified thinking that those, as we
would say at that time, ‘Godless, inhuman Russians, who don’t care about the world or the
inhabitants of the world.’ ‘They may fire a nuclear weapon at us.’ The word ‘nuclear’ was
always used. However this was well after Americans had dropped an atomic bomb, where
there is no difference between a nuclear bomb and an atomic bomb. They dropped a
nuclear warhead on the city of Hiroshima. FACTS: in the first few seconds of the bombs
explosion, in the first few minutes of its initial destruction, 500 000 people were
indiscriminately killed. Within the thirty days because of the nuclear fall out that ensued
another 500 000 people lost their lives.
Let’s say not ‘lost their lives,’ they were transgressed against, oppressively killed, women,
children, elderly, hospitals and so on. All of them wiped away, indiscriminately with the
worst atrocity, the worst transgression that history has recorded from one nation to another.
The destruction of one million people with one bomb. That is the instant reaction of that
bomb, the initial assessment. Then with the decades to follow, the generation who were
raised in those areas and the areas around that; how many of them died from the radiation?
The numbers are in the millions and the most shameful and despicable act of the use of a
weapon of mass destruction at the hands of the Americans goes on today to remain
unknown, or the realities of which, the details of it, remains unknown to most Americans.
Most Americans would likely perit what they are taught in their history books that the use of
that nuclear weapon on those people at that time was a military decision that had good

5
 CLASS #56

repercussions, it ended the war and it helped establish justice on earth once again. As the
Western people try to ascribe to themselves that they are the peacemakers and the
peacekeepers of the earth. We say, ‘Shame on you for criticising Islaam when this is your
history.’ A dark history of transgression of oppression to this degree.

That was one bomb and there was another bomb on another place called Nagasaki. There
were intentions to use more until the Japanese surrendered unconditionally.

With this kind of history, how did you become the people who check the world? The people
who keep the world in check and the people who regulate the use of the weapons of mass
destruction. This is the hypocritical approach to criticising Islaam that the Western critics
have. They should be all things considered put to shame by their history of destruction. We
ask Allaah ta’alaa to preserve the image of Islaam and to allow it to reach the people as it is
meant to reach the people; and to allow us to gain the reward of conveying that message.

Having stopped at this part of the hadeeth, I’d like to go on and look at the rest of the
hadeeth. The hadeeth goes on as quoted by the author:

...And when you face your polytheist enemies (here the Messenger (sallallaahu alaihi
wasallam) went from his initial advice, it was general advice for everyone in the army. Then
when he says ______, everything now is an address to the individual who is in charge of the
army, the leader of the army. This is called __________, that one goes from addressing one
group to another. It is an implementation of his advice or his command to give naseehah to
the Imaams of the Muslims and the common folk. So after advising the common people in
the army, the infantry men and everyone who is involved in the army; he goes on to give
specific advise to the leader, in what follows), invite them to three things; if they respond to
any of them accept it from them and spare them: (in the book it says ‘thumma’ - then invite
them to Islaam. What is correct here, what is actually found in the narrations of Saheeh
Muslim. However as Qadi Iyaad was one of the first explainers of Saheeh Muslim, even
before An-Nawawi, he said regarding these narrations, that what is correct in the narration
based on other Imaams of hadeeth is ‘udahum’. That is why I have changed in the brackets.
It doesn’t say ‘thumma udahum’, it says, ‘udahum‘- call them.) Invite them to Islaam. If
they respond to you, then accept it from them... (there is a mistake in the Arabic printing of
Al-Mulakh-khas on page 414, it is just a mistake in printing)

We will move on with the hadeeth to the third part:

...Then, invite them to leave their land to come to the land of the Muhaajiroon (that is
Medina and the surrounding areas to live along with the Muslims in their capital). Tell them
that if they do that they shall have all the rights of the Muhaajiroon, while all the obligations
upon the Muhaajiroon will also be upon them...

The hadeeth goes on:

...If they refuse to leave their land, then inform them that they will be treated as the (rest of)
the bedouin Muslims (meaning those who live outside of the city and are not cultured with
knowledge and the benefits of living in the more densely populated city of Medina. The
rulings will apply to them as they are applied normally to everyday Muslims who live in that
situation.), Allaah’s Legislation applies to them as it does others, and they shall not receive
any of the spoils of war (that which is left behind by the fleeing enemy, that which is
captured aggressively, they will have no share in that.) unless they fight alongside the
Muslims...

The hadeeth goes on:

6
 CLASS #56

...If they refuse that, then request the Jizyah tax from them (meaning non-Muslims who
refuse to accept Islaam under Muslim rule. This is when the military has the ability to take
over the leadership of the country, when the military has the force and the power to
establish justice, true justice by implementing the Shar’iah - the legislation of Allaah as the
rule of the land. When this is possible and you have the ability of establishing this, then give
the people the options.) (When we talk about taxes, the jizyah is 2.5% of one’s wealth, and
is very similar to the zak’aat, or is equivalent to zak’aat that the Mulsims themselves pay.
So imagine the land ruled by Islaam that the Muslim government takes from the non-Muslim
residents that live there peacefully and their rights are protected; the tax that they pay is
2.5%. The tax what the Muslims pay on their own wealth is 2.5% as well. That is what is
requested from them that they live as equal inhabitants in the lands of the Muslims, ruled by
the Muslims; and pay the same amount of taxes that the Muslims pay.). If they respond,
then accept it from them and spare them. If they refuse, then seek Allaah’s Aid and fight
them...

These are the basic three options: accept Islaam, pay the jizyah or fight. This if for the
Muslim military when they engage the enemy. So you can see from the legislation of Allaah
ta’alaa, as brought to us by Prophet Muhammad (sallallaahu alaihi wasallam); that the
Muslim military in an established government, in an established military operation, under
the leadership of that government; you’ll see that war and military engagement is officially
engaged; and it has an introduction; and it has a clear beginning; it has an offer with
options. It is not a secret attack, destruction and hiding amongst the enemy to destroy
them. This is not what Muslims refer to as jihaad. Rather jihaad is clear confrontation, fair
confrontation with military power; as explained in the Book of Allaah and the Sunnah of the
Messenger (sallallaahu alaihi wasallam). One of the ahadeeth is in front of you.

Then if they refuse to accept Islaam and if they refuse to accept the jizyah, fight them. Then
we say another accusation hurled at Islaam by the Western critics is that people are forced
to accept Islaam by the sword. We see here from the core teachings of a cannon book of
hadeeth; meaning a recognised, legitimate, official book of hadeeth which is considered to
be authentic like Saheeh Muslim.

We see the order from the Messenger himself with a chain back to him, with trustworthy
people hearing from each other, that he did not order the people to accept Islaam by the
sword. But instead they were given options. They had every option and every right, and
that continues to this day as a military option, as a government option to live under the rule
of the Muslims. The jizyah has not been abrogated. So no one is forced to accept Islaam by
might, by force, ever.

There is no coercion in the religion of Islaam.

If a person is not satisfied with Islaam, then they can remain a non-Muslim under the Muslim
rule and pay the same tax, and enjoy the same security as the everyday Muslims who live in
that society. Claims to the opposite to this are false. Here you have the core teachings of
Islaam in front of you. As Muslims we should be honoured, that when we study these
ahadeeth, like what is in front of you, we are studying the religion from Allaah with a
connected chain of narrators, back to the one who brought us this legislation. Allaah ta’alaa
has honoured us with this, so that we do not have any doubt; so that we have no confusion
as to what our Messenger (sallallaahu alaihi wasallam) actually said on the matter.

When you compare this to other people’s religions you find they are bankrupt and Islaam
shines. They are bankrupt. The closest of people in having a chain to their Prophet. The
Christians have no chain, they have not one solitary chain of narration that goes back to
Jesus, not one. The best chain they have is decades after Jesus; a narration of just a word,
or a few letters even with a chain. Of course their chains are meaningless, since they do not

7
 CLASS #56

have the resources that the Muslim nation has. We have resources walhamdulilaah. The
narrators that are in Saheeh Muslim, we don’t just accept them hands down. We say, ‘Let’s
put them to the test. Let’s read their biographies and study their lives and see if they were
trustworthy people.’ We have detailed accounts of the lives of these narrators and the
statements of the critics of transmission in their time about their reliability, their accuracy in
how they narrated and their uprightness as people in society. We have narrations about
them specifically throughout their lives, in different stages of their lives. You would be
shocked if you saw the outstanding Muslim literature throughout history, where narrators,
Muslims, our own people are put to the test, criticised and put under the microscope
because they are conveying knowledge from Allaah and His Messenger (sallallaahu alaihi
wasallam). So we have chains that are connected from our time now, all the way back to
the Messenger of Allaah (sallallaahu alaihi wasallam) who conveyed the religion from Allaah.
We have connected chains and we have verifiable chains with people whose names are
known, who are not hidden, whose identities are not masked. They can be verified, they can
be investigated and they can be proven to be people of good ability to narrate; or poor
ability. Muslims will not accept the narrations of their own brothers in Islaam, who are poor
narrators, in accurate narrators of hadeeth; even if they were upright people, even if they
were judges, even it they were Imaams in their masjids, even if they were known previously
as Imaams of hadeeth. Muslims will not accept their narration if they got to a time in their
lives where they were confused; in their old age, or something happened in their life, an
event that shook their lives and they got confused in the way they narrated and they
became inaccurate. In that case we do not accept nor authenticate their reports. Even if we
love them, even if we honoured them as the best of Imaams of Islaam. Islaam,
SubhanAllaah, is preserved.

When we look at this text in front of us, we should realise that. We are looking at the Arabic,
not a language translated into another language; we are in the third or fourth generation of
translation. We have the very text, the very words that came out of the blessed mouth of
the Messenger of Allaah (sallallaahu alaihi wasallaam). Here we are studying them. We can
see clearly that the Messenger of Allaah (sallallaahu alaihi wasallam) never forced anyone to
accept Islaam. That he ordered the Muslim military and its leader to give the people a
choice to accept Islaam or not. If they didn’t want to accept Islaam, there is no financial
loss, rather they pay the same tax that the Muslims pay, they don’t pay more. So the one
that is not convinced, and the one who is not comfortable accepting Islaam remains upon his
religion, and lives under Islaamic rule, enjoying the rights and fulfilling the obligations of
everyone else.

The hadeeth goes on:

The word ‘wa la’ is added since it is found in the source book of Saheeh Muslim. The
meaning of which is:

...If you surround people in a fortress (meaning during a military expedition), and they ask
you for covenant from Allaah and His Prophet (meaning they make an agreement with you,
and they ask you to enter into this covenant on behalf of Allaah and His Prophet) , then do
not afford them a covenant from Allaah or His Prophet. Instead, afford them a covenant
from yourself and your companions. To break your own covenants and that of your
companions is lighter (or easier, or less offensive) than breaking the covenant of Allaah and
His Prophet...

The hadeeth concludes:

...And if you surround people in a fortress, and they wish you to judge them according to
Allaah’s Judgement, then do not judge them, claiming that it is Allaah’s Judgement. Instead,

8
 CLASS #56

judge them with your own judgement, as you do not know whether you will actualise
Allaah’s Judgements on them or not.
[Collected by Muslim]

This hadeeth was collected by Imaam Muslim in his Saheeh, as mentioned by the author.

We will look at the statements of our Shaykh Saalih al-Fawzaan in a brief way. The Shaykh
says, points of benefit from this hadeeth:

FIRSTLY - the legislation of sending forth expeditions and scouting campaigns in jihaad in
the Way of Allaah.

SECONDLY - it is binding that the person who fights in the battle, meaning in the Muslim
government, in the army of the Muslim government, to raise, he must have as part of his
intention the oblifment of the Word of Allaah, meaning the religion of Allaah. And getting rid
of disbelief, apostasy, disbelief and rejection of the orders of Allaah from the earth. Not for a
person to seek leadership over land, or some worldly things, or to chase after something
that he lusts for; meaning to gain women, to gain power over women, to take them as
servants and so on.

THIRDLY - the legislation of appointing leaders - amirs - over the armies and the expeditions.

FOURTHLY - it is legislated for the ruler of the Muslims to give an admonishment to the
generals of the army or the leaders of the army. To clarify to them the steps that are to be
taken during their battle.

FIFTHLY - that jihaad is only done through the permission of the Muslim authority, through
the Muslim leader and with his order to go forth.

SIXTHLY - the legislation of calling to Islaam before engaging in battle.

SEVENTHLY - the legislation of taking the jizyah tax; that is the tax that non-Muslims pay
under Muslim rule, from every kind of non-Muslim.

EIGHTHLY - the prohibition of killing children.

NINTHLY - the prohibition of disfiguring or mutilating bodies in general.

TENTHLY - a prohibition of taking from the war booty in a traitorous way. Taking from the
spoils of war traitorously or before the proper and just distribution of those spoils and
betraying one’s covenant.

ELEVENTH - there is a respect and an elevated statues reserved for the covenant of Allaah
and His Messenger (sallallaahu alaihi wasallam). You enter into a pact in the Name of Allaah,
representing the Messenger of Allaah (sallallaahu alaihi wasallam) that is much different
when you enter into a pact in the name of yourself, representing yourself and not the
Messenger (sallallaahu alaihi wasallam).

TWELVETH - a person should seek means of safety to not fall into prohibited matters in
Islaam.

THIRTEENTH - that a person who tries to make a judgement using his opinion can be wrong
sometimes and he can be correct sometimes. There is a difference clearly between the

9
 CLASS #56

ruling of Allaah and the hukum - the judgement, ijtihaad - or the attempt to bring about the
correct opinion or ruling by the Scholars.

FOURTEENTH - the guidance to take on the lesser of the two dangerous things. Meaning
when you are forced to take on one of two forced things, then you take the least harmful or
the least dangerous of those two things.

FIFTEENTH - the legislation of using you reason, using your judgement to produce a ruling
when there is a need for that.

Sending salat and salaam on the finest creation, Muhammad (sallallaahu alaihi wasallam),
his Companions and all those who follow him until the Last Day.

And Allaah knows best.

10