صحيح مسلم
Muslim
كتاب الجهاد والسيرThe Book of Jihad and Expeditions
باب جَوَازِ قَتْلِ النِّسَاءِ وَالصِّبْيَانِ فِي الْبَيَاتِ مِنْ غَيْرِ تَعَمُّدٍ:Chapter: Permissibility of killing women and children in night raids, so long as it is not done deliberately
حَدَّثَنَا عَبْدُ بْنُ حُمَيْدٍ ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ ، عَنْ الزُّهْرِيِّ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ ، عَنْ ابْنِ عَبَّاسٍ ، عَنْ الصَّعْبِ بْنِ جَثَّامَةَ ، قَالَ : " قُلْتُ : يَا رَسُولَ اللَّهِ ، إِنَّا نُصِيبُ فِي الْبَيَاتِ مِنْ ذَرَارِيِّ الْمُشْرِكِينَ ، قَالَ : هُمْ مِنْهُمْ " .
It is narrated by Sa'b bin Jaththama that he said (to the Holy Prophet): Messenger of Allah, we kill the children of the polytheists during the night raids. He said: They are from them.
Related hadith on this topic
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
Dhurarī:
This is the plural of dhurriyyah,
which means
the human progeny, whether male or female.
Yubayyitūn:
They are attacked suddenly at night,
a night raid is carried out against them.
Benefits and Issues:
This hadith establishes that if it is not possible to distinguish between combatants and non-combatants in war,
and it is not possible to separate them, as is the case during a night raid, then if they are killed unintentionally and without deliberate intent,
and they are not deliberately targeted, then there is no harm in the killing of women and children. In worldly matters, the ruling for the children of polytheists is also, as long as they are with their parents,
the same as for their parents.
If the polytheists are fortified in a fortress and their children are with them, or there are Muslim prisoners with them, then in this situation the majority of jurists hold the view
that if it is not possible to conquer the fortress without this, then there is no harm in killing them.
However, according to Imam Malik and al-Awza‘i, in such a situation, it is not permissible to shoot arrows or to throw stones at the fortress with a manjaniq (catapult) (or with modern weaponry today),
because Muslims may also be targeted by this.
As much as possible, efforts should be made to save the Muslim prisoners.
If it is not possible to conquer the fortress without this, then in a case of necessity, if they are unintentionally and unconsciously targeted, then there is allowance for this.
Vocabulary of the Hadith:
Dhurarī:
This is the plural of dhurriyyah,
which means
the human progeny, whether male or female.
Yubayyitūn:
They are attacked suddenly at night,
a night raid is carried out against them.
Benefits and Issues:
This hadith establishes that if it is not possible to distinguish between combatants and non-combatants in war,
and it is not possible to separate them, as is the case during a night raid, then if they are killed unintentionally and without deliberate intent,
and they are not deliberately targeted, then there is no harm in the killing of women and children. In worldly matters, the ruling for the children of polytheists is also, as long as they are with their parents,
the same as for their parents.
If the polytheists are fortified in a fortress and their children are with them, or there are Muslim prisoners with them, then in this situation the majority of jurists hold the view
that if it is not possible to conquer the fortress without this, then there is no harm in killing them.
However, according to Imam Malik and al-Awza‘i, in such a situation, it is not permissible to shoot arrows or to throw stones at the fortress with a manjaniq (catapult) (or with modern weaponry today),
because Muslims may also be targeted by this.
As much as possible, efforts should be made to save the Muslim prisoners.
If it is not possible to conquer the fortress without this, then in a case of necessity, if they are unintentionally and unconsciously targeted, then there is allowance for this.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4549
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.
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
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.
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
