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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]

Do They Teach You This in Business School? (Hadith No. 1829)

Bismillah.

Volume 3, Book 34, Number 334 :
Narrated by Nafi
Ibn ‘Umar (radiallaahu `anhu) told us that the people used to buy food from the caravans in the lifetime of the Prophet (sallallaahu `alayhi wasallam). The Prophet (sallallaahu `alayhi wasallamused to forbid them to sell it at the very place where they had purchased it (but they were to wait) till they carried it to the market where foodstuff was sold. Ibn ‘Umar (radiallaahu `anhu) said, ‘The Prophet (sallallaahu `alayhi wasallam) also forbade the reselling of foodstuff by somebody who had bought it unless he had received it with exact full measure.’

There are two principles outlined in this narration:

  1. Incoming trade caravans should not be stopped before they reach the city market(s). It’s likely that they might sell their items for lesser than the market rate and suffer losses.
  2. A person who buys something from another must not resell it unless he has possession of the bought thing. Details follow..

It was narrated from Tawoos from Ibn ‘Abbaas (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) forbade selling foodstuff until one has received it in full. I [the narrator] said to Ibn ‘Abbaas: Why is that? He said: Because they are exchanging dirhams for dirhams, but the delivery of food is delayed?

Narrated by al-Bukhaari, 2132; Muslim, 1252

Ibn Hajar said in Fath al-Baari, 4/349:

What is meant is that he was asking about the reason for this prohibition, and Ibn ‘Abbaas replied that if the purchaser sells it before taking possession of it when the item is still in the possession of the seller, it is as if he sold dirhams for dirhams. This is explained by what is mentioned in the report of Sufyaan from Ibn Tawoos that is narrated by Muslim. Tawoos said: I said to Ibn ‘Abbaas: Why is that? He said: Don’t you see that they are exchanging gold, but the delivery of food is delayed? i.e., if he buys foodstuff for one hundred dinars, for example, and he gives the money to the seller but does not take the foodstuff from him, then he sells the foodstuff to someone else for one hundred and twenty dinars and takes it from him when the food is still in the possession of the (first) seller, then it is as if he sold one hundred dinars for one hundred and twenty dinars, it looks as if he sold one hundred dinars for one hundred and twenty. According to this interpretation the prohibition is not restricted only to foodstuffs. Hence Ibn ‘Abbaas said: I think that all things are like this. And this is supported by the hadeeth of Zayd ibn Thaabit, according to which the Messenger of Allah (blessings and peace of Allah be upon him) forbade selling a product in the place where it was bought until the merchants have taken it to their own places.
Narrated by Abu Dawood; classed as saheeh by Ibn Hibbaan. End quote.

Al-‘Ayni said in ‘Umdat al-Qaari (11/250):

What this means is: If he buys some food from a man for one dirham to be delivered later, then he sells it back to him or to someone else before taking possession of it for two dirhams, for example, that is not permissible because it is in effect selling cash for cash, when the food is not there. So it is as if he sold his dirham with which he brought the food for two dirhams, which is riba, because it is selling something that is not there (not in the possession of the seller) for cash. So this (transaction) is not valid. End quote.

Shaykh Ibn Baaz said:

It is not permissible for a Muslim to sell an item for cash or credit unless he owns it and has taken possession of it, because the Prophet (blessings and peace of Allah be upon him) said to Hakeem ibn Hizaam: “Do not sell that which you do not possess.” And he (blessings and peace of Allah be upon him) said, according to the hadeeth of ‘Abdullah ibn ‘Amr ibn al-‘Aas (may Allah be pleased with him): “It is not permissible to take a loan and sell at the same time or to sell that which is not in your possession.” Narrated by the five with a saheeh isnaad. Similarly, the one who buys it does not have the right to sell it until he also takes possession of it, because of the two hadeeths quoted above and because of the report narrated by Imam Ahmad and Abu Dawood, and classed as saheeh by Ibn Hibbaan and al-Haakim, from Zayd ibn Thaabit (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) forbade selling a product in the place where it was bought until the merchants have taken it to their own places. And because of the report narrated by al-Bukhaari in his Saheeh from Ibn ‘Umar (may Allah be pleased with him), who said: I saw the people at the time of the Messenger of Allah (blessings and peace of Allah be upon him) trading in foodstuff without measuring it, and they would be punished if they sold it before moving it to their own places. And there are many hadeeths on this topic.
End quote from Majmoo‘ Fataawa ash-Shaykh Ibn Baaz, 19/64

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

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