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الفتح الربانی
Fath al-Rabbani
كتاب الخلافة والإمارةThe Book of Caliphate and Leadership
الْفَضْلُ الأَوَّلُ فِي ذِكْرِ شَيْءٍ مِنْ فَتَاوَاهُ وَقَضَايَاهُThe First Virtue Mentioning Some of His Legal Rulings and Judgments
Hadith 12216
اُردوEn
حَدَّثَنَا سُفْيَانُ عَنْ عَمْرٍو سَمِعَ بَجَالَةَ يَقُولُ كُنْتُ كَاتِبًا لِجَزْءِ بْنِ مُعَاوِيَةَ عَمِّ الْأَحْنَفِ بْنِ قَيْسٍ فَأَتَانَا كِتَابُ عُمَرَ قَبْلَ مَوْتِهِ بِسَنَةٍ أَنِ اقْتُلُوا كُلَّ سَاحِرٍ وَرُبَّمَا قَالَ سُفْيَانُ وَسَاحِرَةٍ وَفَرِّقُوا بَيْنَ كُلِّ ذِي مَحْرَمٍ مِنَ الْمَجُوسِ وَانْهَوْهُمْ عَنِ الزَّمْزَمَةِ فَقَتَلْنَا ثَلَاثَةَ سَوَاحِرَ وَجَعَلْنَا نُفَرِّقُ بَيْنَ الرَّجُلِ وَبَيْنَ حَرِيمَتِهِ فِي كِتَابِ اللَّهِ وَصَنَعَ جَزْءٌ طَعَامًا كَثِيرًا وَعَرَضَ السَّيْفَ عَلَى فَخِذِهِ وَدَعَا الْمَجُوسَ فَأَلْقَوْا وِقْرَ بَغْلٍ أَوْ بَغْلَيْنِ مِنْ وَرِقٍ فَأَكَلُوا مِنْ غَيْرِ زَمْزَمَةٍ وَلَمْ يَكُنْ عُمَرُ أَخَذَ وَرُبَّمَا قَالَ سُفْيَانُ قَبِلَ الْجِزْيَةَ مِنَ الْمَجُوسِ حَتَّى شَهِدَ عَبْدُ الرَّحْمَنِ بْنُ عَوْفٍ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أَخَذَهَا مِنْ مَجُوسِ هَجَرَ وَقَالَ أَبِي قَالَ سُفْيَانُ حَجَّ بَجَالَةُ مَعَ مُصْعَبٍ سَنَةَ سَبْعِينَ
Bajalah says: I was the scribe of Juz’ bin Mu’awiyah, who was the uncle of Ahnaf bin Qais. We received a letter from Sayyiduna ‘Umar (may Allah be pleased with him), and this was one year before his death. In it, it was written: “Kill every male and female sorcerer, separate between every prohibited relationship among the Magians, and prevent them from the Zamzamah.” After this command, we killed three sorcerers and separated the unlawful relationships according to the Book of Allah. Juz’ had a lot of food prepared and invited the Magians, and he placed his sword on his thigh. They ate the food without performing the Zamzamah, and they gave as jizyah an amount of silver equal to the load of a mule or two mules. However, Sayyiduna ‘Umar (may Allah be pleased with him) did not take this jizyah from them. Sometimes Sufyan, the narrator, would relate it thus: Sayyiduna ‘Umar (may Allah be pleased with him) was not in favor of taking jizyah from the Magians, until Sayyiduna ‘Abdur Rahman bin ‘Awf (may Allah be pleased with him) testified that the Noble Prophet (peace and blessings be upon him) had taken jizyah from the Magians of the region of Hajar. Then Sayyiduna ‘Umar (may Allah be pleased with him) began to accept jizyah from the Magians.
Brief Explanation
Benefits: … Sayyidah Hafsah radi Allahu anha had her slave-girl killed because of practicing magic. (Muwatta Imam Malik: 2/871)
Sometimes magic is a major sin, and sometimes it is disbelief (kufr). The statement of Allah, the Exalted, is: {وَمَا کَفَرَ سُلَیْمَانُ وَلٰکِنَّ الشَّیَاطِیْنُ کَفَرُوْا یُعَلِّمُوْنَ النَّاسَ السِّحْرَ} … "Sulaiman (alayhis salam) did not disbelieve, but the devils disbelieved, teaching people magic." (Surah al-Baqarah: 102)
The type of magic that constitutes disbelief (kufr): if the magician is a Muslim, then apostasy (irtidad) results from it, and thus he becomes liable to be killed.
Imam Shafi’i said: The magician will be killed when he performs such magic that leads to disbelief (kufr); otherwise, he will not be killed. According to the opinion of Imam Abu Hanifah, Imam Ahmad, and Imam Malik, the magician is to be killed.
The opinion of Imam Shafi’i appears to be the stronger one.
But why did the Prophet sallallahu alayhi wa sallam not have Labeed, who performed magic on his blessed self, killed? See the benefits of Hadith number (6806).
Zamzamah: This was a type of utterance that the Magians (Majus) used to recite when eating food; in their religion, eating food without it was not permissible. In reality, they intended by it to venerate Allah, the Exalted. This was their foolishness and affectation. These matters have been mentioned by Ibn Hazm in al-Muhalla.
Sometimes magic is a major sin, and sometimes it is disbelief (kufr). The statement of Allah, the Exalted, is: {وَمَا کَفَرَ سُلَیْمَانُ وَلٰکِنَّ الشَّیَاطِیْنُ کَفَرُوْا یُعَلِّمُوْنَ النَّاسَ السِّحْرَ} … "Sulaiman (alayhis salam) did not disbelieve, but the devils disbelieved, teaching people magic." (Surah al-Baqarah: 102)
The type of magic that constitutes disbelief (kufr): if the magician is a Muslim, then apostasy (irtidad) results from it, and thus he becomes liable to be killed.
Imam Shafi’i said: The magician will be killed when he performs such magic that leads to disbelief (kufr); otherwise, he will not be killed. According to the opinion of Imam Abu Hanifah, Imam Ahmad, and Imam Malik, the magician is to be killed.
The opinion of Imam Shafi’i appears to be the stronger one.
But why did the Prophet sallallahu alayhi wa sallam not have Labeed, who performed magic on his blessed self, killed? See the benefits of Hadith number (6806).
Zamzamah: This was a type of utterance that the Magians (Majus) used to recite when eating food; in their religion, eating food without it was not permissible. In reality, they intended by it to venerate Allah, the Exalted. This was their foolishness and affectation. These matters have been mentioned by Ibn Hazm in al-Muhalla.
