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Killing Women in Battle: Exception to the Rule (Ahadith 2652 – 2654)

Bismillah.

Hadith no. 2651 (below) is a repeat. Read it here.

Volume 4, Book 52, Number 255 :
Narrated by Abu Burda’s father
The Prophet (sallallaahu `alayhi wasallam) said, “Three persons will get their reward twice. (One is) a person who has a slave girl and he educates her properly and teaches her good manners properly (without violence) and then manumits and marries her. Such a person will get a double reward. (Another is) a believer from the people of the scriptures who has been a true believer and then he believes in the Prophet (Muhammad). Such a person will get a double reward. (The third is) a slave who observes Allah’s Rights and Obligations and is sincere to his master.”

Today’s Ahadith:

Volume 4, Book 52, Number 256 :
Narrated by As-Sab bin Jaththama (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) passed by me at a place called Al-Abwa or Waddan, and was asked whether it was permissible to attack the pagan warriors at night with the probability of exposing their women and children to danger. The Prophet (sallallaahu `alayhi wasallam) replied, “They (i.e. women and children) are from them (i.e. pagans).” I also heard the Prophet (sallallaahu `alayhi wasallam) saying, “The institution of Hima is invalid except for Allah and His Apostle.”

Volume 4, Book 52, Number 257 :
Narrated by ‘Abdullah (radiallaahu `anhu)
During some of the Ghazawat of the Prophet (sallallaahu `alayhi wasallam) a woman was found killed. Allah’s Apostle (sallallaahu `alayhi wasallam) disapproved the killing of women and children.

Volume 4, Book 52, Number 258 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
During some of the Ghazawat of Allah’s Apostle (sallallaahu `alayhi wasallam) a woman was found killed, so Allah’s Apostle (sallallaahu `alayhi wasallam) forbade the killing of women and children.

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Number 256 and the two narrations below it seem to be contradicting each other, but that’s not the case. The latter two describe the rule, and Number 256 is the exception.

Those who are not generally engaged in fighting – like women, children, the elderly, the handicapped, and others who do not participate in the fighting – are not to be killed. The only exception to this is where such people participate directly in the fighting or are so intermixed with the fighters that it is impossible to separate them from those who are fighting.

The hadîth in question actually shows us that the general rule is not to kill non-combatants, even when they are present on the battlefield. The only exception is when the non-combatants are so mixed in with the fighters that it is impossible to fight against the combatants without the possibility of some non-combatants inadvertently being killed. This is only out of dire necessity.

Ibn Hajar writes in his commentary on this hadîth in Fath al-Bârî (6/146):

His statement “They are of them” means that they are construed as such under those circumstances. It does not mean that it is permissible to deliberately target them.

It is a matter of agreement among scholars that a person’s unbelief is not reason for that person to be killed. There is considerable evidence for this. Aside from the Prophet’s prohibition of killing non-combatants, we have where Allah says: “Let there be no compulsion in religion.” [Sûrah al-Baqarah: 256]

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Exception: Praying After ‘Asr (Ahadith 564-567)

Salam,
Bismillah.

Volume 1, Book 10, Number 564:

Narrated ‘Aisha:

By Allah, Who took away the Prophet, the Prophet never missed them (two Rakat) after the ‘Asr prayer till he met Allah and he did not meet Allah till it became heavy for him to pray while standing so he used to offer most of the prayers while sitting. (She meant the two Rakat after Asr) He used to pray them in the house and never prayed them in the mosque lest it might be hard for his followers and he loved what was easy for them.

Volume 1, Book 10, Number 565:

Narrated Hisham’s father:

‘Aisha (addressing me) said, “O son of my sister! The Prophet never missed two prostrations (i.e. Rakat) after the ‘Asr prayer in my house.”

Volume 1, Book 10, Number 566:

Narrated ‘Aisha:

Allah’s Apostle never missed two Rakat before the Fajr prayer and after the Asr prayer openly and secretly.

Volume 1, Book 10, Number 567:

Narrated ‘Aisha:

Whenever the Prophet come to me after the ‘Asr prayer, he always prayed two Rakat.

So, if it’s a prayer of ‘sabab‘ (reason) like janazah or qadha prayer, one may pray after ‘Asr (before sunset). This is an exception. Normally, it’s not allowed to pray at that time, as mentioned in the previous two posts.

These two rak’aat (as mentioned in Ahadith) that the Prophet (SAW) never missed, were specific for the Prophet (SAW) only. Just like offering tahajjud was mandatory for him, but it’s optional for us.

Wassalam.

Exception (Hadith No. 224)

Salam,
Bismillah.

Volume 1, Book 4, Number 224:

Narrated Hudhaifa:

Once the Prophet went to the dumps of some people and passed urine while standing. He then asked for water and so I brought it to him and he performed ablution.

Urinating while standing is prohibited in Islam. But here the Prophet (SAW) does otherwise. Reason: the place was filthy. Sitting on dumps might have caused him to catch a lot of germs. It was unhealthy and dangerous. This is called an exception: Based on an external factor in your situation, you do contrary to the rule.

Wassalam.


 

EDIT:

It is not haraam for a man to urinate standing up, but it is Sunnah for him to urinate sitting down, because ‘Aa’ishah (may Allaah be pleased with her) said: “Whoever tells you that the Prophet (peace and blessings of Allaah be upon him) used to urinate standing up, do not believe him. He only ever used to urinate sitting down.” (Narrated by al-Tirmidhi, al-Tahaarah, 12; he said, this is the most saheeh report on this topic. It was also classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 11). And because this is more concealing, and it reduces the risk of any drops of urine splashing up onto him.

It was narrated from ‘Umar, Ibn ‘Umar and Zayd ibn Thaabit (may Allaah be pleased with them) that it is allowed to urinate standing up on the condition that there is no risk of drops of urine splashing onto one’s body or clothes, and that one does not expose one’s ‘awrah, because al-Bukhaari and Muslim narrated from Hudhayfah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) came to a garden belonging to some people, and urinated standing up. There is no contradiction between this and the hadeeth of ‘Aa’ishah (may Allaah be pleased with her), because it is possible that the Prophet (peace and blessings of Allaah be upon him) did that because he was in a place where he was unable to sit down, or he did that to show the people that it is not haraam. This does not contradict the basic principle mentioned by ‘Aa’ishah (may Allaah be pleased with her), that he (peace and blessings of Allaah be upon him) urinated sitting down, because it is Sunnah, it is not something waajib (obligatory) which it is forbidden to go against. And Allaah knows best.

Taken from IslamQA

Exceptions (Hadith No. 174)

Salam,
Bismillah.

You come across a lot of terms like Haram, Halal, Makrooh, Mubah, Mustahab etc. It seems like everything is predefined in our religion and everyone has to follow it, regardless of the conditions they live in. But it’s not exactly like that. Many things are predefined, but only generally. There is always room for exception. You gotta remember that.

Volume 1, Book 4, Number 174:

Narrated Abu Huraira:

The Prophet said, “A man saw a dog eating mud from (the severity of) thirst. So, that man took a shoe (and filled it) with water and kept on pouring the water for the dog till it quenched its thirst. So Allah approved of his deed and made him to enter Paradise.” And narrated Hamza bin ‘Abdullah: My father said. “During the lifetime of Allah’s Apostle, the dogs used to urinate, and pass through the mosques (come and go), nevertheless they never used to sprinkle water on it (urine of the dog.)”

It’s an amazing Hadith. Talks about the importance of small deeds. And it also talks about the exception.. Yesterday’s Hadith told us we needed to wash dog-licked seven times to make it pure. And today’s Hadith tells us dog’s urine need not be washed. Contradiction? No, it’s an exception..
At the time of the Prophet (SAW), the floors weren’t made of wood or concrete. It was all mud. And since dogs used to urinate anywhere, it wasn’t felt necessary to wash the place. Sprinkling water was enough. Reason being, mud absorbs the organic liquids and chemical reactions start taking place. The impure loses its impurity. And the mud is clean..
Would that apply to the floors of mosques of today? Of course not. All kinds of impurities will have to be washed away to clean the place. This is how we apply the rule of exception. Hope its understandable. :)

Wassalam.

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