Abu Dawud

Benefits and Issues:
➊ Setting fire or demolishing houses is permissible under the necessity and expediency of war.
➋ It is not permissible merely with the intention of spreading corruption.

Hadith Commentary:
➊
Near Madinah, there was a garden belonging to Banu Nadir called Buwairah.
It contained many date palm trees. When the Muslims wanted to lay siege to Banu Nadir, these trees were becoming an obstacle to their efforts. Therefore, the trees that could pose an obstruction were cut down, and in places where they were densely clustered, they were set on fire to clear the way for the siege. Upon this, the opponents raised a commotion, saying, “Look, the Muslims are cutting down trees and committing corruption in the land (fasad fi al-ard), even though they claim to be reformers (islah fi al-ard).”
In this verse, a response is given to their propaganda.

➋
Since the permission for this (action) is not mentioned anywhere in the Qur’an, it becomes evident that revelation would come to the Messenger of Allah (sallallahu alayhi wa sallam) apart from the Qur’an as well, which is called hidden revelation (wahy khafi), and which is present with us in the form of hadith.

➌
Another issue that is understood is that if, due to military necessity, some destructive action must be taken, it does not fall under the definition of corruption in the land (fasad fi al-ard).
And Allah knows best.

Hadith Commentary:
Buwaira refers to the garden of Banu Nadir, which was located near Madinah.
Banu Luwai refers to the people of Quraysh.
There was a pact and agreement between them and Banu Nadir.
The intent of Hassan radi Allahu anhu was to satirize the Quraysh; their allies’ gardens kept burning, yet those Quraysh could not help them in any way.
In response, Abu Sufyan composed verses in which he invoked a curse upon the Muslims.
That is, he prayed that fire would always burn all around your city.
Abu Sufyan’s curse was rejected, and all praise is due to Allah, Madinah Munawwarah still possesses the atmosphere of Paradise to this day.
Maulana Waheed uz-Zaman has rendered these verses into Urdu poetry as follows:
Translation of Hassan’s radi Allahu anhu verse:
It became easy upon the nobles of Banu Luwai,
As if fire blazed in Buwaira, all around laid waste.
Translation of Abu Sufyan bin Harith’s verses:
May it always remain thus there,
May burning fire surround Madinah on all sides.
You will soon come to know who among us will survive,
Whose land will bear the loss.
This was the curse Abu Sufyan invoked upon the Muslims and their city Madinah, which was rejected.

Hadith Commentary:
1.
The people of Banu Lu'ayy are referred to as Quraysh.
There was a pact and alliance between them and Banu Nadir.
Hazrat Hassan (radi Allahu anhu) reproaches them and satirizes them for not being able to help Banu Nadir in any way.
The orchards of their friends kept burning, yet there was no confrontation.
At that time, Abu Sufyan bin Harith had not yet embraced Islam.
The summary of his response is that the spreading of this fire will not harm us in any way.
Because our land, Makkah, is very far away; rather, the spread of this fire will harm you, as your own homes will burn in this fire.
This fire will not reach our homes.
Abu Sufyan's curse was rejected, because Madinah Tayyibah still possesses the atmosphere of Paradise to this day.
2.
In any case, after the exile of Banu Qaynuqa', Banu Nadir were also expelled from Madinah in disgrace.
As for Banu Qurayzah, the fate that befell them is detailed in Surah Al-Ahzab (Ayah: 26) , the explanation of which we will present later, insha Allah.

Hadith Commentary:
Banu Lawi refers to the Quraysh.
And the translation of "saraat" is "chieftains" and "nobles."
Buwairah is the name of a place where the Jews of Banu Nadir had their gardens.
What happened was that it was the people of Quraysh themselves who were the cause of this destruction.
Because they incited Banu Qurayzah and Banu Nadir to break their covenant with the Prophet (sallallahu alayhi wa sallam).
Some have said that you had these trees burned so that an open field would be available for battle, so that the enemy would not have the opportunity to hide and attack the Muslims from ambush.
Many matters arise during war.
In which the leaders have to think deeply.
Cutting down fields and trees, although it is itself a human economic loss, sometimes has to be tolerated under certain severe necessities.
Look at today’s so-called civilized people and see what actions they commit during times of war.
During the Indian Mutiny of 1857, the atrocities committed here by the British are among the darkest chapters of history.
In the World Wars, the European nations committed such acts
that the very thought of them makes one shudder, and even today, the majority in the world is inflicting mountains of oppression upon their minorities, which is evident to the world.
In any case, the correspondence between the hadith and the chapter is clear.

Hadith Commentary:
(1)
By "Banu Lu'ayy" is meant the elders of the Quraysh.
Banu Nadir committed treachery at a critical moment; therefore, for military expediency, their fruit-bearing trees were cut down and some were set on fire.
Although there was a treaty between Banu Lu'ayy and Banu Nadir that in times of hardship they would assist each other, in this hardship Banu Lu'ayy could not help them at all; rather, as a punishment for their treachery, Banu Lu'ayy themselves set fire to their gardens and cut down their date-palm trees.
This task was very easy for them because there was no one to prevent them there.
(2)
The purpose of Imam Bukhari rahimahullah is that when there is expediency in cutting down the enemy's trees, then in such circumstances it is permissible to cut down date-palms and other fruit-bearing trees.

Hadith Commentary:
The circumstances of war vary.
Sometimes, due to military necessities, it becomes necessary to burn the fields and orchards of the enemies.
Otherwise, in normal circumstances, it is not preferable to burn fields and orchards.

Hadith Commentary:
The majority of scholars hold the view that it is permissible to set fire to the enemy’s cities and to destroy their homes. However, Imam Awza‘i rahimahullah, Abu Lays, and Abu Dawud rahimahullah have considered it disliked (makruh). Their evidence is a counsel (wasiyyah) of Abu Bakr al-Siddiq radi Allahu anhu, which he gave to his army at the time of their departure, instructing them not to do such an act.

Imam Tabari rahimahullah has responded to this by stating that the prohibition is to be understood as referring to deliberate intent. However, during combat, if the ruler is compelled and victory cannot be achieved without it, then it is permissible to do so.

And Allah knows best.

(Fath al-Bari: 6/187)

Hadith Commentary:
Due to the extreme mischief and treachery of the Jews of Madinah, such a severe measure was taken against them; otherwise, generally, it is not appropriate to do so in ordinary circumstances of war. However, if the Imam deems such a necessity, then Islam permits this as well.

Hadith Commentary:
➊
The Messenger of Allah (sallallahu alayhi wa sallam) had prohibited cutting down trees during times of war, but due to the continuous acts of treachery by Banu Nadir, it became necessary to take measures against them. Therefore, on this specific occasion, Allah, the Exalted, granted permission to cut down the trees.

➋
The incident is that around Madinah Tayyibah, Banu Nadir had a very beautiful orchard called Buwairah. It contained many date palm trees. When the Muslims intended to lay siege to Banu Nadir, they used the orchard as a shield. Therefore, the Muslims cut down those trees that were obstructing this effort, and where the trees were densely packed, they set them on fire to clear the way for the siege. When the flames engulfed this orchard, at that moment, Hassan (radi Allahu anhu) recited this verse of poetry:
“It was grievous for the chiefs of Banu Lu’ayy (the polytheists of Makkah) that the orchard of Buwairah was completely engulfed in flames and burning.”

➌
When the Muslims cut down these trees and set them on fire to clear the way, the opponents raised an outcry, saying, “Look, the Muslims are cutting down these trees and committing corruption in the land (fasad fi’l-ard).” Allah, the Exalted, comforted the Muslims by revealing the aforementioned verse, stating that this action was by the command of Allah, the Exalted. This command is not found anywhere in the Noble Qur’an, from which it is understood that revelation would come to the Messenger of Allah (sallallahu alayhi wa sallam) besides the Qur’an as well, which is generally referred to as hidden revelation (wahy khafi).

➍
From this, it is also understood that if any destructive action is unavoidable for the purpose of war, it does not fall under the definition of corruption in the land (fasad fi’l-ard).

Hadith Commentary: Benefits and Issues: The Jewish tribes that resided in Madinah were three: Banu Qurayzah, Banu Nadir, and Banu Qaynuqa. These tribes had a treaty with the Messenger of Allah (sallallahu alayhi wa sallam) that they would not wage war against him (sallallahu alayhi wa sallam) nor assist his enemies. The first to break the covenant were Banu Qaynuqa, and they were released upon the intercession of Abdullah bin Ubayy, and after the Battle of Badr, in the month of Shawwal, they were expelled from Madinah.

After them, Banu Nadir, whose leader was Huyayy bin Akhtab, broke their promise and plotted to assassinate the Messenger of Allah (sallallahu alayhi wa sallam). When the Prophet (sallallahu alayhi wa sallam) attacked them, they fortified themselves in their strongholds, and the Prophet (sallallahu alayhi wa sallam) laid siege to them. They began to rain arrows and stones from the fortress walls, and the date-palm orchards served as a shield for them. Therefore, the Prophet (sallallahu alayhi wa sallam) ordered that these trees be cut down and burned.

From this, it is understood that, due to military strategy and necessity or benefit in warfare, it is permissible to cut down and burn the enemy’s trees. This is the view of the four Imams and the majority of Islamic jurists. However, without necessity or benefit, merely for play or amusement, this act is not permissible, nor can they be destroyed with the intention of corruption and mischief.

Explanation:
1:
From this hadith, it is understood that due to military necessity, it is permissible to burn and cut down fruit-bearing trees. However, in ordinary circumstances without necessity, one should refrain from cutting them.

2:
That is, when such circumstances arise for the Muslim army that there is no other option for them except to burn trees and destroy houses, then in such a situation, doing so is permissible.

Explanation:
1:
Whatever trees of theirs you cut down or left standing on their roots (safe and sound), all of this was by Allah’s permission, and also so that Allah might disgrace such defiantly disobedient people (al-Hashr: 5).

2:
This refers to the incident of the Battle of Banu Nadir, in which, due to a military necessity, the Prophet (sallallahu alayhi wa sallam) ordered some of the date-palm trees of Banu Nadir to be cut down. Upon this, the Jews spread propaganda, saying: “Look, Muhammad claims to follow the Divine religion, but is it permissible in the Divine religion to cut down fruit-bearing trees?” In response, Allah Most High answered them that all of this happened by His command and for a particular wisdom (one specific wisdom being that it was an expression of the Muslims’ authority and dominance).

Benefits and Issues:

➊ The Jews had made a pact with the Prophet sallallahu alayhi wa sallam that they would assist the Muslims against the disbelievers of Makkah, but they broke their covenant, and the tribe of Banu Nadir even plotted to assassinate the Prophet sallallahu alayhi wa sallam. Because of this breach of covenant, the Messenger of Allah sallallahu alayhi wa sallam launched a military campaign against them. They remained besieged in their forts for some time, but eventually, in exchange for their lives being spared, they agreed to exile.

➋ During this siege, the Muslims cut down and burned some of the trees belonging to Banu Nadir so that the enemy would lose their cover and, upon seeing their orchards being destroyed, would come out to the battlefield to confront them.

➌ The actions of the Messenger of Allah sallallahu alayhi wa sallam and those actions of the Companions radi Allahu anhum that were carried out with the permission of the Messenger of Allah sallallahu alayhi wa sallam are, from a legal (shar‘i) perspective, evidence for permissibility.

Benefits and Issues:
(1)
This verse is by Hassan bin Thabit radi Allahu anhu. (Sahih al-Bukhari, Al-Harth wal-Muzara’ah, Chapter: Cutting Trees and Date-palms, Hadith: 2326)

(2)
Allamah Waheed al-Zaman has translated the aforementioned verse of Hassan radi Allahu anhu in these words:
It became easy for the chiefs of Banu Lu’ayy.
A fire was kindled in Buwairah, burning on every side.

(3)
On occasions of necessity, it is permissible to cut down fruit-bearing or shade-giving trees.

Takhrij:
«أخرجه البخاري، المغازي، باب حديث بني النضير...، حديث:4031، مسلم، الجهاد والسير، باب جواز قطع اشجار الكفار و تحريقها، حديث:1746.»©Explanation:
This hadith proves that due to unavoidable military necessity, it is permissible to burn or cut down fruit-bearing trees.
However, in ordinary circumstances, without necessity, the Prophet (sallallahu alayhi wa sallam) forbade cutting them.