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Wednesday, February 22, 2017

Chapter: The Command to Fight the People Until They Say....

It is narrated on the authority of Abu Huraira that when the Messenger of Allah (ﷺ) breathed his last and Abu Bakr was appointed as his successor (Caliph), those amongst the Arabs who wanted to become apostates became apostates. 'Umar b. Khattab said to Abu Bakr:
Why would you fight against the people, when the Messenger of Allah declared: I have been directed to fight against people so long as they do not say: There is no god but Allah, and he who professed it was granted full protection of his property and life on my behalf except for a right? His (other) affairs rest with Allah. Upon this Abu Bakr said: By Allah, I would definitely fight against him who severed prayer from Zakat, for it is the obligation upon the rich. By Allah, I would fight against them even to secure the cord (used for hobbling the feet of a camel) which they used to give to the Messenger of Allah (as zakat) but now they have withheld it. Umar b. Khattab remarked: By Allah, I found nothing but the fact that Allah had opened the heart of Abu Bakr for (perceiving the justification of) fighting (against those who refused to pay Zakat) and I fully recognized that the (stand of Abu Bakr) was right.
Benefits from Imaam Abu Zakriyyah Yahyaa an-Nawawi:

-al-Khattabi said that apostasy after the Prophet was of two types: those who left Islam altogether and joined the likes of Musaylimah from Banee Haneefah and Aswad al-Ansi from Yemen.
Another group claimed to be Muslim but wanted or did change the laws of Islam. This was rampant to the extent that Islam was only in three places, Makkah, al-Madeenah and the village of Abd al-Qays in Bahrain called Joo'aatha
-Abu Bakr fought those didn't give Zakaat but from their progeny arose those who revolted against ‘Ali.
Nawawi says the Bughaat started with not giving Zakaat and were the people of Riddah in origin.
-From the tribes that didn't give Zakaat were Banu Yarbu'.
-Banoo Haneefah apostated, some following Musaylimah and the Companions supported Aboo Bakr in this from this came Khawlah, the concubine of Alee and the mother of Muhammad bin Al-Hanafiyyah 
-The Rawafid accuse Abu Bakr for fighting against those who withheld Zakaat as being oppressive. This conflicts the Ijmaa of the Companions.
-If people withhold Zakaat then they are Kuffar once the Hujjah is placed on them, this was the nature of the debate between Abu Bakr and Umar.
-Kufr can be in denying Tawheed but knowingly denying any aspect of Islam also.
-We take the apparent state of the Muslim, including if he repents from sinning or hiding Kufr with the Jamhoor, but Malik and Ahmad said the Tawbah of the Zindeeq (the renegade or the innovator) is not accepted.
Nawawi states that the correct view is that it is accepted as long as he sincerely repents and leaves it, he doesn't return to it, he doesn't call to it and he isn't under duress and repents willingly. 
-In this is proof for the Shafi'ees that it's permitted to take assets as part of Zakaat on trade, if the one paying Zakaat doesn't give money, "If they prevent a rope..."
Others said what this means is that the rope refers to the animal as a simile.

Usoolee Benefits 
-In this is proof for Qiyaas as Abu Bakr made Qiyaas between as-Salaat and az-Zakaat, and there is Ijmaa in its validity.
-In it is proof for Ijmaa.
-In it is proof for making Takhsees through Qiyaas, as the prohibition to kill Muslims is general but the command to pay Zakaat is specific.
-In it is proof that Ahkaam are bound by Shuroot and Istihnaa.
-Khitaab is of three types: to Ummah, to the Prophet and to Ummah via the Prophet.
-Every action present at the time of the Prophet remains valid until today, including that which relate to leadership.
-The narration of Abu Hurayrah is abridged whereas Anas and Ibn Umar narrated longer narrations which mention “facing the same Qiblah as us”, “Paying the Zakaat” and “Eating our slaughtered meat”.
-It's not permitted for a Mujtahid to make Taqleed of another Mujtahid as Umar didn't blindly follow Abu Bakr. 
-The virtue of having scholars who are able to derive and be grave like Abu Bakr was. 

[Sharh Saheeh Muslim, 1/274-290]

And Allaah Knows Best

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