. I '/ } (cont.)

See ibn Rajab, Jaami, vol. 1, pp. 228-229. Commentary on the Forty Hadith of al-Nawawi ֔;JQj ࢗ੎.:-·'oil \)࢘ rt:; róI A-.J/0\ 1;2;\ 1;¼ ; ; 1_;.utj IY,1.5 0¼ ֯ jb r'Ҟ) \JjJ\j ҟJ֊) ҠJ֖J ; ; / .J w / O ࣛ .J O / ,,; ,.1 JJ :; » '· -: ;"' I :; I ... J I ; I· . 1 .::_ ;A : 1 ; • ࣼI I 1' ;-1 ; ; : ࣽ I "'- 1 I घJ Jङ - u; I*-દધ J y-- Op_jj-J jJ Or--' "Then when the sacred months have passed, kill the polytheists wherever you find them, and capture them and besiege them, and prepare for them each and every ambush. But if they repent and establish the prayer and give the zakah, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful" (al­ Tauba 5). After a few more verses, in the same general context, Allah says, J Ji. .J J .J O "" .J O ; J ;,J';j '':!J'.j I J "' ,,. 1 ; '· 1·; '2 1 '2 ૴; r , ;: 1:;'2;' 01 -:._ 1'2 . ..J;: 01 -'l; ;{I ; .''. (I ; i .::'जT( I ; '-"'"t-' ..b- ࣻ u'-' ·" . થ'-' ओ ત_;....  u঺U:=' u J " i / ,,..,,.. / " ,,,. ,,,. ,,,. ,,,,. ,,.. t..,,.. ,.,, / ,,. 6,J J. ҽ,.,. ,,.. M1 ;r -, ;[ \ ] ^1 1):({• _;-\11 "If two parties of believers fight, make reconciliation between them. If one of them rebels against the other, then fight you [all] against the one who rebels until it complies with the command of Allah" (al-Hujuraat 9).1 When one fights the rebel forces, one is not trying to kill the individual Muslims but to defeat them and make them surrender to what is right. Therefore, this hadith cannot be used as evidence that the one who does not pray is to be killed as a form of punishment because it is concerned with a completely different topic. The case of the individual who does not pay zakah is different. In his case, one is able to forcibly take the zakah from him while one cannot forcibly make someone pray five times a day. Hence, the one who intentionaaly does not pay zakah is not executed2 but his zakah is taken forcibly from him. However, if he refuses to give in and fights the authorities, then he is also to be fought. This is all part of the right of Islam that is referred to in this hadith. This hadith is directly concerned with any group of people who refuse to pray or pay the zakah, such as those during the time of Abu Bakr.3 This group of renegades is to be fought, even if they continue to profess the shahaadah. This hadith is directly talking about such people. In fact, if the Prophet (peace be upon him) was about to attack a village, he would go in the morning and if he heard the call to prayer, he would not attack the village. But if he did not hear the call to prayer, he would attack that village. (Recorded by al-Bukhari.) "Then, if they do that, their blood and wealth will be protected from me" The inviolability and sacredness of a Muslim's blood and wealth is well established in Islam. Every Muslim must respect the life, wealth and honor of other Muslims. The wrongful shedding of a Muslim's blood is one of the greatest sins that a person could commit. Indeed, the Prophet (peace be upon him) took advantage of the great gathering at the Farewell Pilgrimage to tell those who were present, 1 W. al-Umari, p. 324. 2 Except according to some members of the Hanbali madhab. See ibn Ra jab, Jaami, vol. I, p. 235. 3 As shall be noted later, Abu Bakr did not refer to this hadith but the principle mentioned in this hadith does apply to the case of the renegades during his time. Commentary on the Forty Hadith of al-Nawawi J .... ,,,. J ,... J ,,.. J ,,,. J ; ,,,. J .... tP : · ? ,,,. / ࣹ / ,... ,,,. -:. / ,,,. "So remind them [O Muhammad]. You are only one who reminds. You are not a controller over them. Save the one who turns away and disbelieves, then 1 Ahmad ibn Taimiya, al-Majmooat al-Fataawa (Riyadh: Maktabah al-Ubaikaan, 1997), vol. 14, part 28, pp. 278-279. Hadith #8: "I have been ordered to fight..." Allah will punish him with the greatest punishment. Verily, to Us will be their return. Then, verily, for Us will be their reckoning" (al-Ghaashiyah 21-26). Based on this hadith, the Shafi'ees state that if a clear and open hypocrite or zindeeq claims to repent, then his repentance is to be accepted. 1 One must accept what a person shows himself outwardly to be. In fact, the Prophet (peace be upon him) knew who the hypocrites were.