Hadith 3013

وَعَنْ الزُّهْرِيِّ أَنَّه سمِعَ عُبَيْدَ اللَّهِ ، عَنْ ابْنِ عَبَّاسٍ ، حَدَّثَنَا الصَّعْبُ فِي الذَّرَارِيِّ كَانَ عَمْرٌو يُحَدِّثُنَا عَنْ ابْنِ شِهَابٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَسَمِعْنَاهُ مِنَ الزُّهْرِيِّ ، قَالَ : أَخْبَرَنِي عُبَيْدُ اللَّهِ ، عَنْ ابْنِ عَبَّاسٍ ، عَنْ الصَّعْبِ ، قَالَ : " هُمْ مِنْهُمْ وَلَمْ يَقُلْ كَمَا ، قَالَ : عَمْرٌو هُمْ مِنْ آبَائِهِمْ " .
As above (hadith 3012)
Hadith Reference صحيح البخاري / كتاب الجهاد والسير / 3013
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Islam commands that in battle, women, children, or the elderly should not be harmed in any way.
Imam Bukhari rahimahullah wishes to clarify here that if Muslims attack them at night, it is evident that in the darkness it becomes difficult to distinguish between women, children, and others.
Now, if they are killed in such circumstances, there is no sin in this.
The purpose of the Shariah is only that intentionally and deliberately, women, children, or elderly who are incapable of fighting should not be harmed or killed in battle. However, if it is a case of necessity, then obviously there is no alternative.
Regarding pastures, the custom among the Arabs was that when they reached a settled and lush forest, they would signal to the dog, and it would bark. Wherever the sound of its barking reached, they would consider that forest as a reserved pasture for themselves; no one else could graze their animals there.
The Prophet sallallahu alayhi wa sallam abolished this practice, which was sheer injustice, and said that a reserved pasture can only belong to Allah or His Messenger sallallahu alayhi wa sallam.
And the Imam or ruler is also the representative of the Messenger sallallahu alayhi wa sallam; other people cannot reserve a pasture for themselves. This pertains to the Islamic era.
Nowadays, governments themselves allocate plots for pastures, which are for the general public, so that they may graze their animals there after paying the prescribed tax.
This is an important virtue of Islam, that it has presented a most complete code of life for civil, social, economic, and political life.
This is the distinction of the perfect religion.
It is true:
﴿وَمَنْ يَّبْتَـغِ غَيْرَ الْاِسْلَامِ دِيْنًا فَلَنْ يُّقْبَلَ مِنْہُ وَھُوَفِي الْاٰخِرَۃِ مِنَ الْخٰسِرِيْنَ﴾ (Aal Imran: 85)
Allah the Blessed and Exalted has spoken the truth.
Al-Nawawi said: Regarding their children in relation to the Hereafter, there are three opinions. Most scholars say they are in the Fire, following their parents. A group remains undecided, and the third opinion, which is correct, is that they are among the people of Paradise. This was stated by al-Kirmani.
(Nawawi)
That is, regarding the children of the polytheists, most scholars are of the view that, due to following their parents, they are destined for Hellfire.
One group suspends judgment in this matter, and the third opinion is that they are destined for Paradise, and this is the correct view.
And Allah knows best.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3013
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:

It is a principle of Islam that during warfare, women, children, and the elderly should not be subjected to any harm. However, if Muslims launch an attack on the polytheists at night, it becomes difficult to distinguish between children and women in the darkness. In such circumstances, if children and women are killed, there is no blame in this. However, it is not permissible to deliberately kill children, women, or the elderly.


The aforementioned ruling pertains to the case of a night raid, because in the darkness of night, it is not possible to distinguish men from children and women.
If children and women participate in the battle, or if the polytheists use them as shields, then there is no harm in killing them.
There is consensus of the entire Ummah on this matter.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3013