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الفتح الربانی
Fath al-Rabbani
أبواب السحر والكهانة والتنجيمChapters on Magic, Divination, and Astrology
بَابُ مَا جَاءَ فِي حَدِّ السَّاحِرِChapter: What Has Been Reported Regarding the Hadd for the Magician
Hadith 6811
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، وَرُبَمَا 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 زَمْزَمَةَ وَلَمْ يَكُنْ عُمَرُ أَخَذَ، وَرُبَمَا 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 every prohibited relationship among the Magians, and prevent them from chanting incantations.” After this command, we killed three sorcerers and separated those in unlawful relationships according to the Book of Allah. Juz’ had a large amount of food prepared and invited the Magians, placing his sword on his thigh. They ate the food without chanting incantations, and they gave as much silver as would be the load of a mule or two as jizya. However, Sayyiduna Umar (may Allah be pleased with him) did not take this jizya from them. Sometimes Sufyan, the narrator, would relate it thus: Sayyiduna Umar (may Allah be pleased with him) was not in favor of taking jizya 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 jizya from the Magians of the region of Hajar. Then Sayyiduna Umar (may Allah be pleased with him) began to accept jizya 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)
In the previous chapter, it was clarified that sometimes magic is a major sin (kabirah), and sometimes it is disbelief (kufr). The statement of Allah Most High is: {وَمَا کَفَرَ سُلَیْمَانُ وَلٰکِنَّ الشَّیَاطِیْنَ کَفَرُوْا یُعَلِّمُوْنَ النَّاسَ السِّحْرَ} … “Sulaiman (alayhis salam) did not disbelieve, but the devils disbelieved; they taught people magic.” (Surah al-Baqarah: 102)
The type of magic that constitutes disbelief (kufr): if the magician is a Muslim, then apostasy (irtidad) becomes necessary for him, 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, through it, they intended to venerate Allah Most High. This was their foolishness and affectation. These matters have been mentioned by Ibn Hazm in “al-Muhalla.”
In the previous chapter, it was clarified that sometimes magic is a major sin (kabirah), and sometimes it is disbelief (kufr). The statement of Allah Most High is: {وَمَا کَفَرَ سُلَیْمَانُ وَلٰکِنَّ الشَّیَاطِیْنَ کَفَرُوْا یُعَلِّمُوْنَ النَّاسَ السِّحْرَ} … “Sulaiman (alayhis salam) did not disbelieve, but the devils disbelieved; they taught people magic.” (Surah al-Baqarah: 102)
The type of magic that constitutes disbelief (kufr): if the magician is a Muslim, then apostasy (irtidad) becomes necessary for him, 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, through it, they intended to venerate Allah Most High. This was their foolishness and affectation. These matters have been mentioned by Ibn Hazm in “al-Muhalla.”
