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Combatants and Noncombatants Print E-mail

Allah excluded some people;

﴿إِلاَّ الَّذِينَ يَصِلُونَ إِلَى قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَـقٌ﴾

(Except those who join a group, between you and whom there is a treaty (of peace),) meaning, except those who join and take refuge with a people with whom you have a pact of peace, or people of Dhimmah, then treat them as you treat the people with whom you have peace. This is the saying of As-Suddi, Ibn Zayd and Ibn Jarir. In his Sahih, Al-Bukhari recorded the story of the treaty of Al-Hudaybiyyah, where it was mentioned that whoever liked to have peace with Quraysh and conduct a pact with them, then they were allowed. Those who liked to have peace with Muhammad and his Companions and enter a pact with them were allowed. It was reported that Ibn `Abbas said that this Ayah was later abrogated by Allah's statement,

﴿فَإِذَا انسَلَخَ الأَشْهُرُ الْحُرُمُ فَاقْتُلُواْ الْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ﴾

(Then when the Sacred Months have passed, kill the idolators wherever you find them) Allah said,

﴿أَوْ جَآءُوكُمْ حَصِرَتْ صُدُورُهُمْ﴾

(or those who approach you with their breasts restraining) referring to another type of people covered by the exclusion from fighting. They are those who approach the Muslims with hesitation in their hearts because of their aversion to fighting the Muslims. They do not have the heart to fight with the Muslims against their own people. Therefore, they are neither with nor against Muslims.

﴿وَلَوْ شَآءَ اللَّهُ لَسَلَّطَهُمْ عَلَيْكُمْ فَلَقَـتَلُوكُمْ﴾

(Had Allah willed, indeed He would have given them power over you, and they would have fought you.) meaning, it is from Allah's mercy that He has stopped them from fighting you.

﴿فَإِنِ اعْتَزَلُوكُمْ فَلَمْ يُقَـتِلُوكُمْ وَأَلْقَوْاْ إِلَيْكُمُ السَّلَمَ﴾

(So, if they withdraw from you, and fight not against you, and offer you peace,) meaning, they revert to peace,

﴿فَمَا جَعَلَ اللَّهُ لَكُمْ عَلَيْهِمْ سَبِيلاً﴾

(then Allah has opened no way for you against them), you do not have the right to kill them, as long as they take this position. This was the position of Banu Hashim (the tribe of the Prophet ), such as Al-`Abbas, who accompanied the idolators in the battle of Badr, for they joined the battle with great hesitation. This is why the Prophet commanded that Al-`Abbas not be killed, but only captured. Allah's statement, d

﴿سَتَجِدُونَ ءَاخَرِينَ يُرِيدُونَ أَن يَأْمَنُوكُمْ وَيَأْمَنُواْ قَوْمَهُمْ﴾

(You will find others that wish to have security from you and security from their people.) refers to a type of people who on the surface appear to be like the type we just mentioned. However, the intention of each type is different, for the latter are hypocrites. They pretend to be Muslims with the Prophet and his Companions, so that they could attain safety with the Muslims for their blood, property and families. However, they support the idolators in secret and worship what they worship, so that they are at peace with them also. These people have secretly sided with the idolators, just as Allah described them,

﴿وَإِذَا خَلَوْاْ إِلَى شَيَـطِينِهِمْ قَالُواْ إِنَّا مَعَكُمْ﴾

(But when they are alone with their Shayatin, they say: "Truly, we are with you.''). In this Ayah, Allah said,

﴿كُلَّ مَا رُدُّواْ إِلَى الْفِتْنِةِ أُرْكِسُواْ فِيِهَا﴾

(Every time they are sent back to Fitnah, they yield thereto.) meaning, they dwell in Fitnah. As-Suddi said that the Fitnah mentioned here refers to Shirk. Ibn Jarir recorded that Mujahid said that the Ayah was revealed about a group from Makkah who used to go to the Prophet ﴿in Al-Madinah﴾ pretending to be Muslims. However, when they went back to Quraysh, they reverted to worshipping idols. They wanted to be at peace with both sides. Allah commanded they should be fought against, unless they withdraw from combat and resort to peace. This is why Allah said,

﴿فَإِن لَّمْ يَعْتَزِلُوكُمْ وَيُلْقُواْ إِلَيْكُمُ السَّلَمَ﴾

(If they withdraw not from you, nor offer you peace) meaning, revert to peaceful and complacent behavior,

﴿وَيَكُفُّواْ أَيْدِيَهُمْ﴾

(nor restrain their hands) refrain from fighting you,

﴿فَخُذُوهُمْ﴾

(take (hold of) them), capture them,

﴿وَاقْتُلُوهُمْ حَيْثُ ثَقِفْتُمُوهُمْ﴾

(and kill them wherever you Thaqiftumuhum.), wherever you find them,

﴿وَأُوْلَـئِكُمْ جَعَلْنَا لَكُمْ عَلَيْهِمْ سُلْطَـناً مُّبِيناً﴾

(In their case, We have provided you with a clear warrant against them), meaning an unequivocal and plain warrant.

﴿وَمَا كَانَ لِمُؤْمِنٍ أَن يَقْتُلَ مُؤْمِناً إِلاَّ خَطَئاً وَمَن قَتَلَ مُؤْمِناً خَطَئاً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَن يَصَّدَّقُواْ فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مْؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةً فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِّنَ اللَّهِ وَكَانَ اللَّهُ عَلِيماً حَكِيماً - وَمَن يَقْتُلْ مُؤْمِناً مُّتَعَمِّداً فَجَزَآؤُهُ جَهَنَّمُ خَالِداً فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَاباً عَظِيماً ﴾

(92. It is not for a believer to kill a believer except by mistake; and whosoever kills a believer by mistake, he must set free a believing slave and submit compensation (blood money) to the deceased's family unless they remit it. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, then compensation (blood money) must be paid to his family, and a believing slave must be freed. And whoso finds this beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All-Wise.) (93. And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the wrath and the curse of Allah are upon him, and a great punishment is prepared for him.)

 
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