365- The Chapter of What Does Not Constitute a Pact (of Security)
“…And when a Muslim enters the land of war without a pact (of security), and then he is taken by the polytheists, and says to them: ‘I am a man from you’, or ‘I came wishing to fight Muslims alongside you’, then there is no harm for him to kill whoever he pleases from them and to take whatever he wishes from their wealth, since what he has said is not to be taken as a pact (of security) from him to them- he was only deceiving them by employing broad-meaning speech.
So by his words he intended: ‘I am a man from you’, meaning: ‘…from Aadam, from your stock’; and he meant by his statement: ‘I came to fight Muslims alongside you’: ‘…The people of oppression if they become compelled to that’ or he conceals in his speech the term ‘from’, meaning: ‘I came to fight with you to repel (you) from the Muslims’.
Even if this speech constituted a pact (of security), it would not take effect as issued from him since he is an overpowered captive in their hands- thus how could he strike a pact with them? Indeed his need is to seek a pact (of security) from them. Rather this wording does not present a request of a pact (of security) at all.”
Arabic:
بَابُ مَا لَا يَكُونُ أَمَانًا 365 -
قَالَ : وَإِذَا دَخَلَ الْمُسْلِمُ دَارَ الْحَرْبِ بِغَيْرِ أَمَانٍ فَأَخَذَهُ الْمُشْرِكُونَ فَقَالَ لَهُمْ : أَنَا رَجُلٌ مِنْكُمْ ، أَوْ جِئْت أُرِيدُ أَنْ أُقَاتِلَ مَعَكُمْ الْمُسْلِمِينَ ، فَلَا بَأْسَ بِأَنْ يَقْتُلَ مَنْ أَحَبَّ مِنْهُمْ وَيَأْخُذَ مِنْ أَمْوَالِهِمْ مَا شَاءَ .
لِأَنَّ هَذَا الَّذِي قَالَ لَيْسَ بِأَمَانٍ مِنْهُ لَهُمْ ، إنَّمَا هُوَ خِدَاعٌ بِاسْتِعْمَالِ مَعَارِيضِ الْكَلَامِ .
فَإِنَّ مَعْنَى قَوْلِهِ : أَنَا رَجُلٌ مِنْكُمْ : أَيْ آدَمِيٌّ مِنْ جِنْسِكُمْ .
وَمَعْنَى قَوْلِهِ : جِئْت لِأُقَاتِلَ مَعَكُمْ الْمُسْلِمِينَ : أَيْ أَهْلَ الْبَغْيِ إنْ نَشِطْتُمْ فِي ذَلِكَ ، أَوْ أَضْمَرَ فِي كَلَامِهِ : عَنْ ، أَيْ جِئْت لِأُقَاتِلَ مَعَكُمْ دَفْعًا عَنْ الْمُسْلِمِينَ .
وَلَوْ كَانَ هَذَا اللَّفْظُ أَمَانًا مِنْهُ لَمْ يَصِحَّ ، لِأَنَّهُ أَسِيرٌ مَقْهُورٌ فِي أَيْدِيهِمْ فَكَيْفَ يُؤَمِّنُهُمْ ، إنَّمَا حَاجَتُهُ إلَى طَلَبِ الْأَمَانِ مِنْهُمْ. وَلَيْسَ فِي هَذَا اللَّفْظِ مِنْ طَلَبِ الْأَمَانِ شَيْءٌ
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Narrated Abu Huraira: The Prophet said, "Khosrau will be ruined, and there will be no Khosrau after him, and Caesar will surely be ruined and there will be no Caesar after him, and you will spend their treasures in Allah's Cause." He called, "War is deceit'. - Sahih Bukhari, Volume 4, Book 52, Number 267
Narrated Abu Huraira: Allah's Apostle called,: "War is deceit". - Sahih Bukhari, Volume 4, Book 52, Number 268
Narrated Jabir bin 'Abdullah: The Prophet said, "War is deceit." - Sahih Bukhari, Volume 4, Book 52, Number 269
Narrated Isam al-Muzani: The Apostle of Allah (peace_be_upon_him) sent us in a detachment and said (to us): If you see a mosque or hear a mu'adhdhin (calling to prayer), do not kill anyone. - Sunan Abu-Dawud, Book 14, Number 2629, Jihad (Kitab Al-Jihad)
Narrated Ka'b ibn Malik: When the Prophet (peace_be_upon_him) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: War is deception. - Sunan Abu-Dawud, Book 14, Number 2631, Jihad (Kitab Al-Jihad)
"Narrated Ka'b ibn Malik: When the Prophet (salla Allahu 'alayhi wa sallam) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: War is deception." - Abu Dawud, 14, 2629
"The Messenger and his Companions continued in the fear and distress that Allah has described in the Qur'an. Then Nu'aym came to the Prophet. 'I 've become a Muslim, but my tribe does not know of my Islam; so command me whatever you will.' Muhammad said, 'Make them abandon each other if you can so that they will leave us; for war is deception." - Tabari 8:23
http://www.islam-qa.com/en/ref/10138
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tafsir ibn kathir
Inciting the Believers to Fight
Allah said,
(and incite the believers) to fight, by encouraging them and strengthening their resolve in this regard. For instance, the Prophet said to the believers at the battle of Badr, while organizing their lines,
(Stand up and march forth to a Paradise, as wide as the heavens and Earth.) There are many Hadiths that encourage Jihad. Al-Bukhari recorded that Abu Hurayrah said that the Messenger of Allah said,
(Whoever believes in Allah and His Messenger, offers prayer, pays the Zakah and fasts the month of Ramadan, will rightfully be granted Paradise by Allah, no matter whether he migrates in Allah's cause or remains in the land where he is born.) The people said, `O Allah's Messenger! Shall we acquaint the people with this good news' He said,
(Paradise has one hundred grades which Allah has reserved for the Mujahidin who fight in His cause, the distance between each two grades is like the distance between the heaven and the Earth. So, when you ask Allah, ask for Al-Firdaws, which is the best and highest part of Paradise, above it is the Throne of the Most Beneficent (Allah) and from it originate the rivers of Paradise.) There are various narrations for this Hadith from `Ubadah, Mu`adh, and Abu Ad-Darda'. Abu Sa`id Al-Khudri narrated that the Messenger of Allah said,
(O Abu Sa`id! Whoever accepts Allah as his Lord, Islam as his religion and Muhammad as the Prophet, then he would rightfully acquire Paradise.) Abu Sa`id liked these words and said, "O Allah's Messenger! Repeat them for me.'' The Prophet repeated his words, then said,
(And (there is) another deed for which Allah raises the servant a hundred grades in Paradise, between each two grades is the distance between heaven and Earth.) Abu Sa`id said, "What is it, O Allah's Messenger '' He said,
(Jihad in Allah's cause.) This Hadith was collected by Muslim. Allah's statement,
(it may be that Allah will restrain the evil might of the disbelievers. ) means, by your encouraging them to fight, their resolve will be strengthened to meet the enemy in battle, to defend Islam and its people and to endure and be patient against the enemy. Allah's statement,
(And Allah is Stronger in might and Stronger in punishing.) means, He is able over them in this life and the Hereafter, just as He said in another Ayah,
(But if it had been Allah's will, He Himself could certainly have punished them (without you). But (He lets you fight) in order to test some of you with others) (47:4).
Allah Commands His Messenger to Perform Jihad
Allah commands His servant and Messenger, Muhammad , to himself fight in Jihad and not to be concerned about those who do not join Jihad. Hence Allah's statement,
(you are not tasked (held responsible except for yourself,) Ibn Abi Hatim recorded that Abu Ishaq said, "I asked Al-Bara bin `Azib about a man who meets a hundred enemies and still fights them, would he be one of those referred to in Allah's statement,
(And do not throw yourselves into destruction (by not spending your wealth in the cause of Allah)) He said, `Allah said to His Prophet,
(Then fight in the cause of Allah, you are not tasked (held responsible) except for yourself, and incite the believers (to fight along with you)).'' Imam Ahmad recorded Sulayman bin Dawud saying that Abu Bakr bin `Ayyash said that Abu Ishaq said, "I asked Al-Bara', `If a man attacks the lines of the idolators, would he be throwing himself to destruction' He said, `No because Allah has sent His Messenger and commanded him,
(Then fight in the cause of Allah, you are not tasked (held responsible) except for yourself,) That Ayah is about spending ﴿in Allah's cause﴾.''
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I always thought - "Jihaad is obligatory without an Imaam when (Sahoo Al-Nafeer)"
Looking up on Al-Mawrid i got the following for those two words:
Saaha; To cry, yell, shout, etc...
Nafeer; 1. trumpet, bugle, horn 2. band, party, company, group, troop
And from what I got (from a dars) it meant, "when a group calls out"
Insha'Allaah can some of the Tulaab give a more accurate translation?
ere is the text of Al-Imaam Ibn Hazm's statement in Al-Muhallaa:
وَلاَ إثْمَ بَعْدَ الْكُفْرِ أَعْظَمُ مِنْ إثْمِ مَنْ نَهَى، عَنْ جِهَادِ الْكُفَّارِ
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Al-Hafiz Ibn `Asakir mentioned in the biography of `Abdullah bin Al-Mubarak, that Muhammad bin Ibrahim bin Abi Sakinah said, "While in the area of Tarsus, `Abdullah bin Al-Mubarak dictated this poem to me when I was greeting him goodbye. He sent the poem with me to Al-Fudayl bin `Iyad in the year one hundred and seventy, `O he who worships in the vicinity of the Two Holy Masjids! If you but see us, you will realize that you are only jesting in worship. He who brings wetness to his cheek with his tears, should know that our necks are being wet by our blood. He who tires his horses without purpose, know that our horses are getting tired in battle. Scent of perfume is yours, while our scent is the glimmer of spears and the stench of dust [in battle]. We were narrated about in the speech of our Prophet, an authentic statement that never lies. That the dust that erupts by Allah's horses and which fills the nostrils of a man shall never be combined with the smoke of a raging Fire. This, the Book of Allah speaks among us that the martyr is not dead, and the truth in Allah's Book cannot be denied.' I met Al-Fudayl Ibn `Iyad in the Sacred Masjid and gave him the letter. When he read it, his eyes became tearful and he said, `Abu `Abdur-Rahman (`Abdullah bin Al-Mubarak) has said the truth and offered sincere advice to me.' He then asked me, `Do you write the Hadith' I said, `Yes.' He said, `Write this Hadith as reward for delivering the letter of Abu `Abdur-Rahman to me. He then dictated, `Mansur bin Al-Mu`tamir narrated to us that Abu Salih narrated from Abu Hurayrah that a man asked, `O Messenger of Allah! Teach me a good deed that will earn me the reward of the Mujahidin in Allah's cause.' The Prophet said,
«هَلْ تَسْتَطِيعُ أَنْ تُصَلِّيَ فَلَا تَفْتُرَ،وَتَصُومَ فَلَا تُفْطِرَ؟»
(Are you able to pray continuously and fast without breaking the fast) The man said, `O Messenger of Allah! I cannot bear it.' The Prophet said,
«فَوَالَّذِي نَفْسِي بِيَدِهِ لَوْ طُوِّقْتَ ذلِكَ مَا بَلَغْتَ الْمُجَاهِدِينَ فِي سَبِيلِ اللهِ، أَوَ مَا عَلِمْتَ أَنَّ فَرَسَ الْمُجَاهِدِ لَيَسْتَنُّ فِي طِوَلِهِ، فَيُكْتَبُ لَهُ بِذلِكَ الْحَسَنَات»
(By He in Whose Hand is my soul! Even if you were able to do it, you will not achieve the grade of the Mujahidin in Allah's cause. Did you not know that the horse of the Mujahid earns rewards for him as long as it lives.)
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Talha ibn ‘Ubaydallah (radhiallahu `anhu) reported that two men came to the Prophet (sallallahu `alayhi wa sallam) who had accepted Islam at the same time. One of them used to partake in Jihad more-so than the other, and so (one day) he fought in a battle and was martyred therein. The other remained behind him for another year, and then he passed away.
Talha said, ‘I saw in my dream that I was at the door of Paradise when behold, I was with both of them (the two men). Someone came out of Paradise and allowed the man who passed away later to enter first. Then he came out again and allowed the martyred one to enter. Then he returned and said to me, ‘Go back, for your time has not come yet.’
Talha woke up and began to inform others about this and they were all surprised. This reached the Messenger of Allah (sallallahu `alayhi wa sallam) and when they informed him of it, he said:
من أي ذلك تعجبون؟ قالوا: يا رسول اللهّ هذا كان أشد الرجلين اجتهاداً ثم استشهد ودخل هذا الآخر الجنة قبله فقال رسول الله (صلى الله عليه وسلم) : أليس قد مكث هذا بعده سنة؟ قالوا: بلى. قال: أدرك رمضان فصام وصلى كذا وكذا من سجدة في السنة؟ قالوا: بلى. قال رسول الله (صلى الله عليه وسلم): فما بينهما أبعد مما بين السماء والأرض
He (sallallahu `alayhi wa sallam) said, ‘What are you surprised about?’ They said, ‘O Messenger of Allah! Out of them both, this one strove harder (in Jihad) then he was martyred but this other one was entered into Paradise before him.’ The Messenger of Allah (sallallahu `alayhi wa sallam) said, ‘Did he not remain behind him for one year?’ They said, ‘Yes (he did).’ He said, ‘Did he not reach Ramadan, fast and pray with such and such number of prostrations in the year?’ They said, ‘Yes.’ The Messenger of Allah (sallallahu `alayhi wa sallam) said, ‘So the difference between them is greater than what is between the heavens and the earth.’
- Sahih narration from Ibn Majah (2/345, 346) and al-Albani’s ‘al-Silsilah al-Sahihah’
‘Did he not reach Ramadan, fast and pray…?’ « |-| Fajr |-|
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Al Fadhl bin Ziyad said I heard Abu Abdullah (Imam Ahmad) when Ghazw was mentioned to him he started to cry and then said: “There is no act of worship greater than it”
In al Mugni it states that Imam Ahmad said: “There is nothing comparable in rewards to meeting the enemy. And for one to involve in the actual fighting is the best of deeds (compared to supportive roles.) The ones who are fighting the enemy are the ones defending Islam, so what can be greater than that? People feel save while they feel fear. They have given up their souls for Allah”
Ibn al Munthir conveyed that Imam Ahmad was asked: Which is more beloved to you: Staying in Makkah or being stationed in the path of Allah? He said: Being stationed is more beloved to me. Imam Ahmad also said: Nothing is equivalent in our view to fighting and stationing in the path of Allah.
Sufyaan at-Thauri, was asked which was prefered; jihad or reading the Quran. He replied that reading the Quran is preferred and as part of his evidence, he quoted the hadith:
"The best of you is he who learns the Quran and teaches it to others."
Bukhari
*The statement of Sufyaan can be found in Fathul Bari.
Abdul Ghani the author of; Haqeeqah al-walaa wa al-Baraa fi mutaqad ahl al-sunnah wa al-jammah, said in support of sufyaan's view:
"There is nothing strange in Sufyaan al-Thauri (May Allah have mercy on him) giving preference to reciting the Quran over jihad. This is because jihad can be attended to by many, many people. The qualities and prerequisites for jihad are found in many among the Muslim nation. However, those who excel in reciting the Quran, being knowledgeable of its laws and being able to teach it to the Muslims are few in number. Therefore, their remaining behind and spending their time in teaching the Muslims the Book of Allah is better in their case than their going out for jihad, especially if the jihad is one which is a communal obligation and there people attending to it. In that case, the learning of the Quran and teaching it to the Muslims is in itself a type of jihad."
The above was extracted from: "How to approach and understand the Quran." By Jamaal al-Din M. Zarabozo
“By the One in Whose Hand is my life, I love that I should be killed in the way of Allah; then I should be brought back to life and be killed again in His way.” - Muhammad (May peace & blessings be upon him) Messenger of Allah.(HR. Al Bukhari)
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Verily, Allāh loves those who fight in His Cause in rows (ranks) as if they were a solid structure. (As-Saff 61:4)
In Tafsir Ibn Kathir it is recorded:
وقال مقاتل بن حَيّان: قال المؤمنون: لو نعلم أحبّ الأعمال إلى الله لعملنا به. فدلهم الله على أحب الأعمال إليه، فقال: إِنَّ اللَّهَ يُحِبُّ الَّذِينَ يُقَاتِلُونَ فِي سَبِيلِهِ صَفًّا
Muqatil bin Hayyan said, "The faithful believers said, `If we only knew the dearest good actions to Allah, we would perform them.' Thus, Allah told them about the dearest actions to Him,saying, Verily, Allāh loves those who fight in His Cause in rows (ranks) as if they were a solid structure.
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لاَّ يَسْتَوِى الْقَـعِدُونَ مِنَ الْمُؤْمِنِينَ غَيْرُ أُوْلِى الضَّرَرِ وَالْمُجَـهِدُونَ فِى سَبِيلِ اللَّهِ بِأَمْوَلِهِمْ وَأَنفُسِهِمْ فَضَّلَ اللَّهُ الْمُجَـهِدِينَ بِأَمْوَلِهِمْ وَأَنفُسِهِمْ عَلَى الْقَـعِدِينَ دَرَجَةً وَكُـلاًّ وَعَدَ اللَّهُ الْحُسْنَى وَفَضَّلَ اللَّهُ الْمُجَـهِدِينَ عَلَى الْقَـعِدِينَ أَجْراً عَظِيماً دَرَجَـتٍ مِّنْهُ وَمَغْفِرَةً وَرَحْمَةً وَكَانَ اللَّهُ غَفُوراً رَّحِيماً
“Not equal are those of the believers who sit (at home), except those who are disabled, and those who strive hard and fight in the cause of Allah with their wealth and their lives. Allah has preferred in grades those who strive hard and fight with their wealth and their lives above those who sit (at home). Unto each, Allah has promised good (Paradise), but Allah has preferred those who strive hard and fight, above those who sit (at home), by a huge reward. Degrees of (higher) grades from Him, and forgiveness and mercy. And Allah is Ever Oft-Forgiving, Most Merciful.” [Surah An-Nisā 4:95-96]
Abu Hurairah states that the Messenger of Allah was asked, “O Messenger of Allah, guide me to a deed equivalent to jihad” He said, “I don’t find any!” Then he said, “When the mujahid goes on jihad, can you enter your masjid and pray continuously, and fast and never break your fast?” The man said, “and who could do that!” [Sahih Al-Bukhari]
The Messenger of Allah was asked, “What is the best of all acts of worship?” He said, “Believing in Allah” He was asked, “And then what?” He responded, “Jihad in the path of Allah” Then he was asked “And then what?” He said, “An accepted Hajj” [Agreed Upon]
Ma’iz narrates, the Messenger of Allah was asked, “What is the best deed?” He said, “Believing in Allah, and then jihad, and then Hajj which would be better than every other deed like the distance between the sunset and sunrise” [Ahmed]
Abu Dharr narrates, I asked the Messenger of Allah about the best deeds, he said, “Believing in Allah and jihad in His path” [Agreed Upon]
Abu Qatadah narrates that the Messenger of Allah stood and delivered a reminder to them and said that jihad in the path of Allah and believing in Allah are the greatest deeds. A man then stood up and asked, “O Messenger of Allah, what if I was killed in the path of Allah would my all my sins be forgiven?” The Messenger of Allah said: “Yes” [Sahih Muslim]
Abu Hurairah narrates that the Messenger of Allah said “the best of deeds in the eyes of Allah are: belief in Allah with conviction, Ghazw with no Ghulool, and an acceptable hajj” [Ibn Khuzaymah & Ibn Hibban]
Ayisha narrates that she told the Messenger of Allah, “O Messenger of Allah, we see that jihad in the cause of Allah is the greatest deed. Shouldn’t we then make jihad?” The Messenger of Allah responded, “For you the best jihad is hajj mabroor” [Sahih Bukhari]
Abdullah bin Salaam said we were a group of the companions of the Messenger of Allah and we said if we just knew what was the most beloved deed to Allah. Allah then revealed:
سَبَّحَ لِلَّهِ مَا فِى السَّمَـوَتِ وَمَا فِى الاٌّرْضِ وَهُوَ الْعَزِيزُ الْحَكِيمُ - هُوَ الَّذِى أَخْرَجَ الَّذِينَ كَفَرُواْ مِنْ أَهْلِ الْكِتَـبِ مِن دِيَـرِهِمْ لاًّوَّلِ الْحَشْرِ مَا ظَنَنتُمْ أَن يَخْرُجُواْ وَظَنُّواْ أَنَّهُمْ مَّانِعَتُهُمْ حُصُونُهُم مِّنَ اللَّهِ فَأَتَـهُمُ اللَّهُ مِنْ حَيْثُ لَمْ يَحْتَسِبُواْ وَقَذَفَ فِى قُلُوبِهِمُ الرُّعْبَ يُخْرِبُونَ بُيُوتَهُمْ بِأَيْدِيهِمْ وَأَيْدِى الْمُؤْمِنِينَ فَاعْتَبِرُواْ يأُوْلِى الاٌّبْصَـرِ - وَلَوْلاَ أَن كَتَبَ اللَّهُ عَلَيْهِمُ الْجَلاَءَ لَعَذَّبَهُمْ فِى الدُّنْيَا وَلَهُمْ فِى الاٌّخِرَةِ عَذَابُ النَّارِ - ذَلِكَ بِأَنَّهُمْ شَآقُّواْ اللَّهَ وَرَسُولَهُ وَمَن يُشَآقِّ اللَّهَ فَإِنَّ اللَّهَ شَدِيدُ الْعِقَابِ
"Whatsoever is in the heavens and whatsoever is on the earth glorifies Allah. And He is the Almighty, the All-Wise. O you who believe! Why do you say that which you do not do. Most hateful it is with Allah that you say that which you do not do. Verily, Allah loves those who fight in His cause in rows as if they were a solid structure."
Abu Said al Khudri narrates that the Messenger of Allah was asked, “Who is the best of people?” He said, “A believer who is making jihad with his life and his wealth in the cause of Allah” [Agreed Upon]
Muadh bin Jabal narrates: We were with the Messenger of Allah returning from Tabook. He told me, “If you want I can tell you the head of the matter, its pillar and its peak,” I said yes O Messenger of Allah. He said, “The head of the matter is Islam, its pillar is Salah, and its peak is jihad” [al Hakim, Ahmad, al Tirmithi, ibn Majah]
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Ali Ibn Abi Talib said:
لقد ضممت إلى سلاح رسول الله صلى الله عليه وسلم فوجدت في قائم سيفه معلقة فيها ثلاثة أحرف: صل من قطعك، وأحسن إلى من أساء إليك، وقل الحق ولو على نفسك.
ENGLISH:
“When I took possession of the Messenger of Allaah’s weapons I found three sentences engraved at the front of his sword, saying: “Re-establish ties with those who break off from you, behave well to those who treat you badly and say the truth even if it is against you own self”.
Imam Ahmad said:
وقال أحمد: إذا ركب القوم في البحر، فاستقبلهم فيه تجار مشركون من أرض العدو يريدون بلاد الإسلام، لم يعرضوا لهم ولم يقاتلوهم، وكل من دخل بلاد المسلمين من أهل الحرب بتجارة، بويع ولم يسأل عن شيء
ENGLISH:
“If you are upon a ship and you come across merchants from the disbelievers from the enemies land to the Muslims land, you are not allowed to reject them or kill them, and all who enter the land of the Muslims from the people or war as merchants, accept them and do not ask them anything’.
Ibn Qudamah said:
وفي المغني لابن قدامة 9/199: إذا دخل حربي دار الإسلام بغير أمان نظرت، فإن كان معه متاع يبيعه في دار الإسلام، وقد جرت العادة بدخولهم إلينا تجاراً بغير أمان، لم يعرض لهم،
ENGLISH:
“If a disbeliever enters Dār al-Islām without having any covenant, if he is carrying with him goods for sale in Dār al-Islām, and other merchants come with him without taking any covenant (physical or verbal from the Muslims), we are not allowed to fight and expel them”.
It has been narrated with a Sahih chain that the Prophet said:
إنَّ أخوفَ ما أخاف عليكم رجل قرأ القرآن، حتى إذا رُئيت بهجته عليه وكان ردءاً للإسلام،
انسلخ منه ونبذه وراء ظهره، وسعى على جاره بالسيف ورماه بالشرك، قلت: يا نبيَّ الله! أيُّهما أولى بالشرك: الرامي أو المرمي؟ قال: بل الرامي
ENGLISH:
“Verily, I fear about a man from you who will read the Qur’an so much that his face will become enlightened and he will come to personify Islam. This will continue until Allah desires. Then these things will be taken away from him when he will disregard them by putting them all behind his back and will attack his neighbor with the sword accusing him of Shirk. The Prophet was asked – which of the two will be deserving of such an accusation? – The attacker or the attacked? The Prophet replied – the attacker!
Ibn Hazm has said:
فاعلموا رحمكم الله أن جميع فرق الضلالة لم يجر الله تعالى قط على أيديهم خيراً ولا فتح بهم من بلاد الكفر قرية ولا رفع للإسلام راية وما زالوا يسعون في قلب نظام المسلمين و يفرقون كلمة المؤمنين و يسلّون السيف على أهل الدين و يسعون في الأرض مفسدين
ENGLISH:
“And know, may Allah have mercy upon you, that Allah has not allowed good to stream from the hands of the groups of misguidance, nor were any land of kufr conquered, nor was the flag of Islaam raised. And they remain in the midst of the lands of the Muslims, splitting the unity of the believers, directing their swords against the people of the religion, and treading the land committing corruption”.
Ibn Al-Qaasim said:
فقال ابن القاسم: سمعت مالكا يقول: إن أقواما ابتغوا العبادة، وأضاعوا العلم، فخرجوا على أمة محمد صلى الله عليه وسلم بأسيافهم، ولو ابتغوا العلم لحجزهم عن ذلك
ENGLISH:
“I heard Maalik say, ‘Indeed there are a people who desire worship but squander the Knowledge (being deprived of it) so they revolt against the Ummah of Muhammad (salallaahu’alayheewasallam) with their swords. And if they had followed the Knowledge, then it would have prevented them from doing that.”
Its narrated in Al-Musannaf and in Tafsir At-Tabari:
قال عمر بن عبد العزيز في قول الله تبارك وتعالى {وَقَاتِلُوا فِي سَبِيلِ الله الَّذِينَ يُقَاتِلُونَكُم وَلَا تَعتَدُوا} قال : قَتلُ النساء والصبيان من ذلك, ومن لم ينصب الحرب منهم
ENGLISH:
“Umar Ibn Abdul Azeez said about the Ayah: “Fight in the way of Allaah against thse who fight you and do not trangress the limits. Indeed, Allaah does not love those who trangress”. (2:190). The killing of women and children is included within this, and so are those who are not involved in warfare”.
Hafiz Ibn Taymiyah writes:
ويرى أبو حنيفة أن الكفر ليس علة للقتال، وإنما يقاتل صاحبه لمحاربته، فمن لاحرابة له لا يقاتل
ENGLISH:
“Its narrated from Abu Hanifah that disbelief (kufr) is not a reason to kill someone and a person is fought for his muharabah (war against the muslims), so the person who is not a fighter should not be killed”.
Al-Sarakhsi Al-Hanafi writes in “Al-Mabsoot”:
أن الآدمي في الأصل محقون الدم والإباحة بعارض القتال فإذا زال ذلك بعقد الذمة عاد الحقن الأصلي
ENGLISH:
“The original ruling (al-asl) is that the lives of Adam’s progeny are protected, and it will become permissible when they partake in battle. And when the war has ended by a truce, then the original ruling of protection applies gain”.
Abdullah ibn ‘Umar (radhiallahu `anhuma): ‘Adhere to the Qur’an! Study it and teach it to your children for surely you shall be questioned about it and you shall be rewarded by it and it is sufficient as warner for the wise one.’
Mushkal al-Athar, by Imam al-Tahawi
Mushkal al-Athar, by Imam al-Tahawi
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