Category: Khawaarij

Sharhu Sunnah : Lesson 27 : Point 31
Shaykh Fawzan | Dawud Burbank [Audio|English]

And it is permissible to fight the Khawaarij if they attack the property, persons or families of the Muslims; but if they desist and depart then it is not his right to chase them nor are their wounded to be killed nor may he seize their property as booty nor may he kill those of them taken captive nor may he chase those of them who flee.

[Souncloud Audio Link] 

Transcribed Audio:

We have come to know that the Khawaarij are those who hold breaking away from obedience and they hold that there is no pledge of allegiance to the person in authority (the ruler) or that no bay`ah (pledge) remains if he commits sin; and they declare the Muslims to be disbelievers on account of major sins. So those people who accept this position but they do not have strength and they do not fight then they are left, along with their being advised and having the affair made clear to them so that perhaps they may return.

But as for if they come to have strength and they manifest their force, then it becomes obligatory upon the Muslims to fight against them to repel their evil. And they are not fought against upon the basis that they are disbelievers; rather they are fought against upon the basis that they are Muslims who have transgressed against the Muslims and attacked them. And for this reason when the Chief of the Believers (ameerulmu·mineen), `Aliyy radiyAllaahu `anhu was questioned about the Khawaarij, “Are they disbelievers?” So he said, “No, they fled away from disbelief; but rather they are a people who transgressed against us.” [01],[02]

So they (the Khawaarij) are not fought against upon the basis that they are disbelievers, and therefore their women and their children are not taken as slaves and their property is not seized and those of them who are injured are not killed because the fighting against them is just to repel their evil, not because of their being disbelievers.

His saying, “And it is permissible to fight against the Khawaarij if they attack the Muslims with regard to their property, their persons and their families,” because the Prophet sallAllaahu `alayhi wa sallam commanded that they be fought against and because `Aliyy radiyAllaahu `anhu fought against them when they attacked `Abdullaah ibn Khabbaab ibn al-Aratt radiyAllaahu `anhu. And they killed him and they split open the abdomen of his slave girl who was pregnant. So then when they did that the Chief of the Believers (meaning `Aliyy radiyAllaahu `anhu) resolved to fight them because the first signs of their evil had now appeared from them.

His saying, “But it is not for him (the Muslim ruler), if they desist and leave them alone, to chase them.” If they desist from fighting then it is not for the ruler to chase them and to wage war against them as long as they do not commit transgression. So they are astray without any doubt and it is obligatory to give them advice so that perhaps they will return; however they are not to be fought.

His saying, “And he may not kill their injured,” because the wounded person, his evil has been curbed.

His saying, “and he may not take their property as booty,” meaning their property is not taken as ghaneemah (booty/spoils of war) because it is the property of the Muslims.

His saying, “and he may not kill those of them taken prisoner,” because they are Muslims and their evil has been prevented by their having been taken captive and by their being wounded.

His saying, “and those of them who flee away are not to be chased.” If they are defeated, then the ruler leaves them alone and he does not chase after them because their evil has been repelled.

Footnotes:

[01] Reported by `Abdur-Razzaaq in al-Musannaf and al-Bayhaqiyy in as-Sunanul-Kubraa.

Translator’s side point: You’ll find some narrations reported by Ibn Abee Shaybah also in his Musannaf, as indicated here also by al-Bayhaqiyy. And some of the reports contain the wording that `Aliyy radiyAllaahu `anh said something similar to this with regard to the People of the Camel, meaning the Companions who fought against him in the Battle of the Camel, and in some of the reports it mentions that he said something like this with regard to the Khawaarij at Nahrawaan. And as for this wording that Shaykh al-Fowzaan mentioned here, then it is indeed as Shaykh al-Fowzaan mentioned it, he said it was with regard to the Khawaarij and it is an important difference with regard to the wording.

[02] Shaykhul-Islaam ibn Taymiyyah rahimahullaah said in Risaalatu Fadli Ahlil-Bayt wa Huqooqihim (a treatise with regard to the virtue of the Ahlul-Bayt, the family of the Prophet sallAllaahu `alayhi wa sallam, and their rights) “It is established from ameerul-mu·mineen `Aliyy radiyAllaahu `anhu through different chains that when he fought against the People of the Camel, he did not take their children as slaves and he did not take their wealth as booty and he did not kill their wounded ones and he did not chase after those who fled and he did not kill any captive and he prayed (the funeral prayer) over those who had been killed from both sides, at both the Battle of the Camel and the Battle of Siffeen. And he said “Ikhwaanunaa baghow `alaynaa.”, “They are our brothers; they transgressed against us.” And he informed that they are not disbelievers nor are they hypocrites. And in what he said he was following the Book of Allaah and the Sunnah of His Prophet sallAllaahu `alayhi wa sallam, since he called them brothers and he declared them to be believers in the fighting and in the transgression just as is mentioned in His saying,

وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا ۖ فَإِن بَغَتْ إِحْدَاهُمَا عَلَى الْأُخْرَىٰ فَقَاتِلُوا الَّتِي تَبْغِي حَتَّىٰ تَفِيءَ إِلَىٰ أَمْرِ اللَّهِ ۚ فَإِن فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا ۖ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ

And if two parties or groups among the believers fall to fighting, then make peace between them both, but if one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the Command of Allah; then if it complies, then make reconciliation between them justly, and be equitable. Verily! Allah loves those who are equitable.

(Sooratul-Hujuraat (49), aayah 9)

He also said (two pages later), “They are not equal those who were killed, who he prayed over and he called them ikhwaanunaa (our brothers), they are not equal along with those whom he did not pray over (the Khawaarij at the Battle of Nahrawaan). Rather, when it was said to him (quoting the aayah from Sooratul-Kahf (18), towards the end of the soorah), “Who are,

الَّذِينَ ضَلَّ سَعْيُهُمْ فِي الْحَيَاةِ الدُّنْيَا وَهُمْ يَحْسَبُونَ أَنَّهُمْ يُحْسِنُونَ صُنْعًا –

“Those whose efforts have been wasted in this life while they thought that they were acquiring good by their deeds! (18:104)

That he replied, “They are the people of Harooraa· (meaning the Khawaarij).”

Also, Shaykhul-Islaam ibn Taymiyyah rahimahullaah mentioned, “And likewise, the people of Siffeen, he prayed the funeral prayer over those who were killed from them and he said, ‘They are our brothers, they transgressed against us but the sword purified them.’ And if in his view they had been disbelievers, he would not have prayed funeral prayer over them and he would not have declared them to be brothers and he would not have stated that the sword purified anything from them.” (Minhaajus-Sunnah)

With regard to the Khawaarij the wording is as Shaykh al-Fowzaan put it here. What is authentic with regard to the Khawaarij that he said when they asked, “Are they disbelievers?”

He said, “No they fled from disbelief; they are a people who transgressed against us.” He didn’t call them his brothers.

And then he quoted the same quotes from Shaykhul-Islaam ibn Taymiyyah.

—

Transcribed by Saima Zaher. Download PDF of Lesson 27

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhu Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharhu Sunnah of Imaam Barbahaaree

Related Links:

https://abdurrahman.org/rulers/

https://abdurrahman.org/category/islam/khawaarij/

Sharhu Sunnah : Lesson 26 : Point 29
Shaykh Fawzan | Dawud Burbank [Audio|English]

And whoever rebels against one of the Muslim rulers, then he is one of the Khawaarij. He has caused dissent within the Muslims and he has contradicted the narrations and he dies a death like that of the Days of Ignorance.

[Souncloud Audio Link] 

Transcribed Audio:

His saying, “And whoever revolts against a ruler from the Muslim rulers, then he is a Khaarijiyy (one of the Khawaarij).” Whoever departs from obedience to the one in authority and rebels against his authority, using the excuse that the person in authority has sins and has acts contrary to the legislation, as is done by the Khawaarij; then he has the ruling of the Khawaarij. And the Khawaarij are a deviant group which first sprouted in the time of the Messenger sallAllaahu `alayhi wa sallam when Thul-Khuwaysirah came and said to the Messenger sallAllaahu `alayhi wa sallam, when he saw him dividing the booty, he said to him,

“Do justice O Muhammad, for you have not been just!”

So he sallAllaahu `alayhi wa sallam said,
“Woe to you! Then who will do justice if I do not do justice?”

So when that man departed he sallAllaahu `alayhi wa sallam said,

“There will emerge from the progeny of this one…” Meaning from his type “…a people; you will belittle your Prayers in comparison to their Prayers, and your worship in comparison to their worship. They will recite the Qur·aan but it will not pass beyond their throats. They will shoot out from the Religion just as an arrow shoots straight through the game. So wherever you find them then fight them, for in fighting them there is reward for those who fight them.” [01]

So it is obligatory to fight against them and that is in order to stop their evil from the Muslims.

This is the case if they come out with weapons and they bear arms, but as for their merely manifesting the view of the Khawaarij and speaking with it but not fighting and not bearing arms, then in that case we rebuke them and we make clear to them their misguidance but we do not fight against them. However, if they gain strength and they start to fight against the Muslims then it is not permissible then for the Muslims to leave them. Rather it is obligatory upon the person in authority to fight against them, and it is obligatory upon the Muslims that they should be along with the person in authority against them, just as occurred in the khilaafah (Caliphate) of `Aliyy radiyAllaahu `anhu when he fought against the Khawaarij at Nahrawaan. And the Companions joined him and they fought against the Khawaarij along with him until they killed them in the worst manner; and through that he attained the reward which Allaah’s Messenger sallAllaahu `alayhi wa sallam promised in his saying:

“Indeed there is reward in fighting against them for those who fight against them.” [02]

And this is from the virtues of `Aliyy radiyAllaahu `anhu, and his virtues are many. And from them is that he fought against the Khawaarij and he implemented the statement of the Messenger sallAllaahu `alayhi wa sallam regarding them.

His saying, “And he has caused dissent within the Muslims and he has contradicted the narrations and his death will be the death like that of the Days of Ignorance.”

So the Khawaarij, they are the people who broke the unity of obedience and they revolted against the person in authority. And likewise they are the ones who declare the Muslims to be disbelievers on account of major sins, kabaa·ir, which are less than shirk. So therefore they have two signs:

The first sign is their khurooj (rebelling) against the person in authority over the Muslims and their attempting to remove the one in authority.

The second sign is that they declare the Muslims to be disbelievers on account of kabaa·ir (major sins), which are less than shirk.

And what led them to this is ghuluww (extremism), and Allaah’s refuge is sought. And therefore, the Prophet sallAllaahu `alayhi wa sallam warned against ghuluww (extremism) saying,

“Beware of ghuluww (extremism) for those who came before you were only destroyed on account of ghuluww (extremism/going beyond the limits.)” [03]

And it is adding to the Religion and adding to that which is legislated with regard to criticising an evil. This is ghuluww (extremism) which led the Khawaarij to what occurred from them. They had ghuluww, went overboard, in criticising an evil to such an extent that they split apart from unity of obedience and they went beyond the limit, to extremes in worship to the extent that they declared those people who commit major sins from the Muslims to be disbelievers.

His saying, “…he has contradicted the narrations…” Meaning the ahaadeeth which occur from the Messenger sallAllaahu `alayhi wa sallam with regard to adhering to obedience to the one in authority over the Muslims.

His saying, “…and his death will be a death like that of the Days of Ignorance.”

Meaning because he has a characteristic from the characteristic of the Times of Ignorance (times of jaahiliyyah) because the Arabs in the times of jaahiliyyah (the Times of Ignorance) used to be dispersed within different tribes; they had no single ruler who would unite them, rather, each tribe would be independent on its own and they would make surprise attacks upon other tribes. And they did not unite except after Allaah sent Muhammad sallAllaahu `alayhi wa sallam. He called them to Islaam so they accepted Islaam and they came to be beneath a single banner. And therefore He, the Most High, said:

And remember the favour of Allaah upon you that you were previously enemies, so He joined between your hearts and through His favour you became brothers. (Soorah Aali `Imraan (3), aayah 103)

And He, the Most High, said:

And remember when you were few and you were weak upon the earth, fearing that the people would snatch you away, and Allaah gave you shelter and He strengthened you with His aid and He provided provision for you from the good and pure things so that you may give thanks. (Sooratul-Anfaal (8), aayah 26)

From the fruits of obedience to the one in authority over the Muslims, all these good things come about through that: establishment of security, the ability to seek provisions and the people being able to travel far and wide to seek provisions on account of the roads being safe. But when there is a state of fear, then in that case the people do not travel, they do not buy and sell out of fear for themselves. So these are from the virtues of the Jamaa`ah (the United Body) and of obedience to the one in authority. As for revolting against the one in authority and splitting away from obedience then that brings about the following:

Firstly: It causes the splitting of the United Body of the Muslims

Secondly: The shedding of blood without right

Thirdly: The enemy overcoming; because the enemy are happy at this. And therefore you will find the disbelievers being joyful at the splitting of the Muslims, and they bring about splits between the Muslims and they aid the deviant groups. They provide them with weapons and they aid them with planning so that they rebel against the United Body of the Muslims, and splitting occurs among the Muslims, so that they can seize them as plunder, as happens. So all of this is a result of disunity and of disobeying the Messenger sallAllaahu `alayhi wa sallam and of rebelling against the ones in authority over the affairs of the Muslims.

In summary, one who has no ruler, then he is like a person who lives in jaahiliyyah (Times of Ignorance) and if he dies then his death is like that of the Times of Ignorance.

It does not mean that he becomes a disbeliever, but rather it means that he has a characteristic from the characteristics of the Days of Ignorance in that he does not enter under obedience to a ruler; instead he lives in chaos, fowdaa.

Footnotes:

[01] Reported by al-Bukhaariyy (no. 3344) and Muslim (no. 1064) from a hadeeth of Aboo Sa`eed alKhudriyy radiyAllaahu `anhu

[02] Part of the previous hadeeth of Aboo Sa`eed al-Khudree radiyAllaahu `anhu

[03] Reported by Imaam Ahmad, an-Nasaa∙ee in his Sunan, Ibn Maajah, at-Tabaraaniyy, Ibn Khuzaymah, Ibn Hibbaan, al-Haakim and he declared it authentic to the standard of the two shaykhs, and ath-Thahabiyy agreed

Translator’s side point: Likewise, authenticated by Shaykh al-Albaaniyy rahimahullaah

Transcribed by Saima Zaher. Download PDF of Lesson 26

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhu Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharhu Sunnah of Imaam Barbahaaree

Related Links:

https://abdurrahman.org/rulers/

https://abdurrahman.org/category/islam/khawaarij/