Musnad Ishaq

Benefits:
In the aforementioned hadith, the command has been given to wage jihad and fight against the disbelievers, and to withhold the hand from anyone who professes the testimony of monotheism (tawhid). Imam Baghawi rahimahullah writes: By “until they say La ilaha illallah,” the Messenger of Allah sallallahu alayhi wa sallam means those non-Muslims who worship only idols, not the People of the Book, because they already profess La ilaha illallah. However, it is certainly the case that the sword will not be withheld from the People of the Book either, until they acknowledge prophethood. (Sharh al-Sunnah: 1/66)

However, along with La ilaha illallah, it is also necessary to acknowledge the Messengership. As the Messenger of Allah sallallahu alayhi wa sallam said:
((I have been commanded to fight the people until they bear witness that there is no god but Allah and believe in me and in what I have brought.)) (Muslim, Kitab al-Iman, no. 21)

A question arises: Why is fighting not carried out against those non-Muslims who pay the tax (jizya), whereas the hadith demands that fighting be waged against every person who denies monotheism? Hafiz Ibn Hajar rahimahullah has given various answers to this question:

➊ The first answer is that fighting against non-Muslims who pay the tax (jizya) and have a treaty has been abrogated; the permission to levy the tax and make treaties was granted after the hadiths commanding fighting. The evidence for this is that the permission was granted after Allah’s statement: “So kill the polytheists...” [].

➋ The second answer is that the command to fight the disbelievers in the aforementioned hadith is general, but it is possible that this general command has exceptions in certain cases (as is the principle in usul al-fiqh: the general is specified by some exceptions), because the main objective of this hadith is the complete attainment of the intended goal, i.e., the demand for monotheism. If, due to some evidence, certain cases are excluded, there will be no deficiency or flaw in this general command (insha Allah).

➌ The third answer is that the command to fight the disbelievers is general, but it is possible that by this command, only a specific type of polytheist disbelievers, other than the People of the Book, are intended.

Furthermore, this is supported by a narration in Sunan al-Nasa’i, which is narrated in these words: “I have been commanded to fight the polytheists...” etc. If someone raises the question that this applies to the people of jizya, but not to those disbelievers who are living under a treaty or who, after refusing the tax, are residing in the land, then it does not apply to them.

He further writes: By refraining from fighting, it is not meant at all that such disbelievers should never be fought; rather, the intent is that as long as they continue to pay the tax and remain steadfast upon the treaty agreed upon with the Muslims, they should be spared. Otherwise, they too should be fought. So understand that fighting such people will be temporarily suspended, just as fighting is temporarily suspended with those who have made peace. However, if a non-Muslim who previously paid the tax later refuses to pay it, then fighting will be waged against them, as is understood from the statement of Allah:
“Until they pay the jizya with their own hands while they are humbled.” (al-Tawbah: 29) []

➍ The fourth answer is that it is possible that in the aforementioned hadith, what is meant by “testimony” is that the word of Allah is elevated and His enemies are subdued. (It is evident) that this can be achieved in some cases by fighting, in others by collecting the tax, and in others by making treaties with some disbelievers.

➎ The fifth answer is that it is possible that what is meant by fighting is actual fighting or something that takes its place, such as jizya, etc. It can also be said that the purpose of imposing the tax on non-Muslims is to make them submit to Islam (to be compelled), and this is sabab al-sabab (the cause of the cause), which is treated as the cause itself. That is, fighting is waged against them because they are non-Muslims, and the purpose of fighting is to compel them. This proves that it is as if the Messenger of Allah sallallahu alayhi wa sallam is saying: Fight the non-Muslims until they accept Islam or until they commit to something that will incline them towards Islam, and this is the best method. (Wallahu a‘lam) (Fath al-Bari: 1/77)

In the aforementioned hadith, it is stated: ((illa bihaqqiha))—this means that if, after accepting Islam, someone commits theft, falsely accuses a chaste woman of adultery, drinks alcohol, or kills someone, then the prescribed punishment will be applied to him.

((wa hisabuhum ‘ala Allah))—this means that if someone accepts Islam, we will judge him according to his outward actions, but his inner affairs are with Allah.