abu-maria-book-final

And Shafi'i said in Al Umm (4:242): "If a group of Muslims become prisoners and the
Mushrikeen asked them for help against other similar Mushrikeen, for fighting against
them, then it is said that they are allowed to fight them and it is said that Zubayr and his
companions in Bilad al Habashah (Abyssinia) fought on behalf of Mushrikeen against
Mushrikeen.
And whoever stated this have said: "What has been forbidden with regards to fighting
them and the blood of those who they fight as well as their money are permitted because
of (their) Shirk”.
And if anyone says that their fight is forbidden due to the following reasons:
That it is obligatory on the Muslim who is dominant over the Mushrikeen and has
received booty, to divide one fifth of the booty as per the Shareeah to those entitled to it
who are dispersed throughout the lands. And he does not find any way to give it to the
Imam for distributing it. And it is compulsory on them if they fight the people of the book
and they give the Jizya 26 , to preserve their blood. As for him, then he is unable to protect
their blood if they give the Jizya. And it would be more beloved to me that they do not
fight them if they were not compelled to it. And we do not know that the narration
regarding Zubayr is confirmed or not and even if it is confirmed, then the Najashi was a
Muslim and had believed in the Messenger, . And prayers and peace of Allah be on
the Prophet.
And in Masaailil Imam Ahmed by Abu Dawood (248-249), there is, “I said to Ahmed: "If
an enemy comes upon the people of Constantine and the king said to the prisoners, "Go
out and fight and I will grant you such and such"?
He said: "If he said I will release you, then there is no problem as they may get saved."
He said- “I told, "If he said, "I will grant you and do good to you", can they fight
alongside him?”
He said, "The Messenger of Allah, said, "The one who fights to raise the word of
Allah". I don't know".
And may Allah have mercy on him. His statement "I don't know" is because of the clash
between benefits and harms. And the rules in this topic are clear and plain. And what
remains is in comparing the benefits and the harms for applying them to the scenario.
And the matters when they are applied always require evaluation, separation and study in
order to decide which one is better and how to gain benefits and repel the harms and to
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26 !It!is!a!tax!paid!by!the!non!Muslims!to!the!authority!of!the!Islamic!state!which!guarantees!their!protection.!