´It was narrated that Ibn ‘Abbas said:` “Sa’b bin Jaththamah said: ‘The Prophet (ﷺ) was asked about the polytheists who are attacked at night, and their women and children are killed.’ He said: ‘They are from among them.’”
Brief Explanation
1؎: This pertains to those who are prepared for war, persist in enmity, and exert every possible effort against Islam. The issue here is of launching a night attack against such people, to whom the message of Islam has been thoroughly conveyed over many years. Now, as a last resort, every avenue for their eradication is open. If, in the population residing with them, any harm comes to children and women, then this is out of necessity; therefore, there is no blame in it.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ It is not permissible to attack or kill children or women who do not participate in battle. (See: Hadith: 2841)
➋ If, during an attack on the enemy's army, a woman or child is unintentionally harmed, it is excused.
➌ Attacking at night (making a night raid) is permissible so that the enemy does not get a proper opportunity to defend themselves and thus is defeated.
➍ "They are among them," meaning they are also polytheists (mushrik), so if they are unintentionally killed, there is no sin.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2839
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: If a person has a regular recitation (wird), devotional practice (wazifah), or deed during any part of the night, and for some reason is unable to perform that deed or practice at night, then in order to maintain consistency and continuity in it, he should perform it during the day before the time of Zuhr (midday prayer). In this way, it will be counted as if the deed was performed at night, and its continuity will remain intact.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1745
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
That is, in this situation, all of them were under the authority of their elders, and it does not mean that intentionally killing them was permissible. Rather, the meaning is that it was not possible to reach their elders without confronting their women and children. Because they were intermingled with the elders, all of them were killed. In such a case, their killing would be permissible.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1570