It is narrated on the authority of Miqdad b. Aswad that he said. Messenger of Allah, you just see (here is a point):
If I encountered a person amongst the infidels (in the battlefield) and he attacked me and struck me and cut off one of my hands with the sword. Then he (in order to protect himself from me) took shelter of a tree and said: I become Muslim for Allah's sake. Messenger of Allah, can I kill him after he had uttered this? The Messenger of Allah (ﷺ) said: Do not kill him. I (the narrator) said: Messenger of Allah, he cut off my hand and uttered this after amputating it; should I then kill him? The Messenger of Allah (ﷺ) said: Don't kill him, for if you kill him, verily he would be in a position where you had been before killing him and verily you would be in a position where he had been before uttering (kalima).
Explanation
-Shafi'ee and Ibn al-Qisaar stated that the
meaning of, "position where you had been before killing him” means the sanctity of
blood i.e Qisaas (capital punishment) would be upon him if he was to kill and there was no Ta'weel (valid reason to kill the opponent whatsoever).
Qaadhee said this phrase means you have gone against
the truth.
Either way they are all agreed that killing innocent people (even on the battlefield) is a major sin.
Either way they are all agreed that killing innocent people (even on the battlefield) is a major sin.
-Also in this is proof that Kufr can refer to
sin and not major Kufr or a total negation of Emaan.
-In the event of Ta'weel (he thought there was a valid reason but there wasnt) he still must give an
expiation but there is no Qisas or Diyah.
Usoolee Benefits
-In this is proof of Takheer al-Bayan an Waqt
al-Haajah if there is a need to delay as Usamah wasn't told right away to
expiate. TN: however the correct opinion is that it's not permissible to delay
if there is no need.
Mustalah Benefits
-Hadeeth 156 has al-Waleed bin Muslim from al-Awzaa'ee and as-Daraqutni said this weak and the chain is Mustarib.
Nawawi and Qaadhee both stated that there is Tataabu'. Even if the chain is weak then the Usl is correct and most of Daraqutni's Istidraakaat of Muslim are of this nature.
Sharh Sahih Muslim of an-Nawawi, 2/112-122
And Allah Knows best
No comments:
Post a Comment