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سنن دارمي
Darimi
من كتاب السيرFrom the Book of Expeditions
باب في النَّهْيِ عَنِ التَّعْذِيبِ بِعَذَابِ اللَّهِ:Chapter: Prohibition of Torturing with Allah’s Punishment
Hadith 2497
اُردوEn
أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ عُمَرَ بْنِ أَبَانَ، حَدَّثَنَا عَبْدُ الرَّحِيمِ بْنُ سُلَيْمَانَ، عَنْ مُحَمَّدِ بْنِ إِسْحَاق، عَنْ يَزِيدَ بْنِ أَبِي حَبِيبٍ، عَنْ بُكَيْرِ بْنِ عَبْدِ اللَّهِ بْنِ الْأَشَجِّ، عَنْ أَبِي إِسْحَاق الدَّوْسِيِّ، عَنْ أَبِي هُرَيْرَةَ الدَّوْسِيِّ، قَالَ: بَعَثَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي سَرِيَّةٍ، فَقَالَ: "إِنْ ظَفِرْتُمْ بِفُلَانٍ وَفُلَانٍ فَحَرِّقُوهُمَا بِالنَّارِ"حَتَّى إِذَا كَانَ الْغَدُ، بَعَثَ إِلَيْنَا، فَقَالَ: "إِنِّي قَدْ كُنْتُ أَمَرْتُكُمْ بِتَحْرِيقِ هَذَيْنِ الرَّجُلَيْنِ، ثُمَّ رَأَيْتُ أَنَّهُ لَا يَنْبَغِي لِأَحَدٍ أَنْ يُعَذِّبَ بِالنَّارِ إِلَّا اللَّهُ، فَإِنْ ظَفِرْتُمْ بِهِمَا، فَاقْتُلُوهُمَا".
Sayyiduna Abu Hurairah al-Dawsi (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) sent us on an expedition and said: "If you succeed in capturing such-and-such persons, then burn them both in the fire." When it was the next day, he sent a messenger to us saying: "I had ordered you to burn those two men, but I think that it is not appropriate for anyone except Allah to punish with fire. If you capture them both, then kill them."
Brief Explanation
(Commentary on Hadith 2496)
Some Companions understood the prohibition of burning with fire in an absolute sense and forbade it, even if it was in the form of retribution (qisas), as is narrated from Sayyiduna Ibn Abbas radi Allahu anhuma. He heard about Sayyiduna Ali radi Allahu anhu burning some people alive and said: I would not burn them with fire, because the Messenger of Allah sallallahu alayhi wa sallam forbade it. However, I would have them killed, because the Messenger of Allah sallallahu alayhi wa sallam said: Whoever apostatizes, kill him.
When Sayyiduna Ali radi Allahu anhu became aware of what Sayyiduna Ibn Abbas radi Allahu anhuma had said, he replied: «صَدَقَ ابْنُ عَبَّاسٍ», and in another narration: «لِلّٰهِ دَرُّ ابْنِ عَبَّاسٍ», meaning Sayyiduna Ibn Abbas radi Allahu anhuma spoke correctly. See: [ترمذي 1458].
Some Companions considered it permissible, such as Sayyiduna Ali and Sayyiduna Khalid ibn al-Walid radi Allahu anhuma.
Mahlab said: This prohibition is not one of prohibition (tahrimi), but rather out of humility. In today's times, instruments of war such as cannons, guns, dynamite, etc., are all essentially fire. And since the disbelievers have begun to use them, it is therefore permissible for Muslims to use them as well. (Wahidi).
However, burning with fire and killing someone with these weapons are two separate matters. It is permissible to kill with guns and the like, but it is not permissible to burn any living creature alive with fire, whether it is a human or an animal.
Some Companions understood the prohibition of burning with fire in an absolute sense and forbade it, even if it was in the form of retribution (qisas), as is narrated from Sayyiduna Ibn Abbas radi Allahu anhuma. He heard about Sayyiduna Ali radi Allahu anhu burning some people alive and said: I would not burn them with fire, because the Messenger of Allah sallallahu alayhi wa sallam forbade it. However, I would have them killed, because the Messenger of Allah sallallahu alayhi wa sallam said: Whoever apostatizes, kill him.
When Sayyiduna Ali radi Allahu anhu became aware of what Sayyiduna Ibn Abbas radi Allahu anhuma had said, he replied: «صَدَقَ ابْنُ عَبَّاسٍ», and in another narration: «لِلّٰهِ دَرُّ ابْنِ عَبَّاسٍ», meaning Sayyiduna Ibn Abbas radi Allahu anhuma spoke correctly. See: [ترمذي 1458].
Some Companions considered it permissible, such as Sayyiduna Ali and Sayyiduna Khalid ibn al-Walid radi Allahu anhuma.
Mahlab said: This prohibition is not one of prohibition (tahrimi), but rather out of humility. In today's times, instruments of war such as cannons, guns, dynamite, etc., are all essentially fire. And since the disbelievers have begun to use them, it is therefore permissible for Muslims to use them as well. (Wahidi).
However, burning with fire and killing someone with these weapons are two separate matters. It is permissible to kill with guns and the like, but it is not permissible to burn any living creature alive with fire, whether it is a human or an animal.
