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or not? And is the Muslim rewarded there for him killing the Kaafir or getting killed?<br />

And is he treated as a martyr by not washing him and praying upon him?<br />

So Ibn Hajar Haythami replied and clarified that firstly, there is no harm in inciting the<br />

disbelievers against each other, because bringing about the killing of a Harbi (a<br />

disbeliever without a treaty) is permissible, rather it is something beloved, by whichever<br />

way it is brought about." Then he said, "And if a Muslim gave them aid or increased one<br />

of the groups in number and then one of the disbelievers kill him, then he is a martyr and<br />

is not washed nor prayed upon. And he will be rewarded, and what a reward if he fought<br />

for the word of Allah to be the most high!!<br />

It has come in the <strong>book</strong> As Sayr Al Kabeer (4/1422) by Imam Muhammad ibn Al Hassan<br />

As Shaybani, the student of Abu Haneefa, may Allah have mercy on them both, in a<br />

chapter by the title "Seeking help from the people of Shirk and the Mushriks seeking help<br />

from the Muslims", and he mentioned in it, "The incident of Zubayr, may Allah be<br />

pleased with him, during the time of Najashi, (this was in the Hijra of the Muslims<br />

towards Abyssinia), when his enemy attacked him (Najashi) and he (Zubayr) fought<br />

bravely alongside Najashi and thus Zubayr gained a noble position with the Najashi. So<br />

this Hadith, has been used as an evidence by those who permit the Muslims to fight<br />

alongside the Mushrikeen under their (Mushrikeen's) banner. But this has two<br />

interpretations according to us:<br />

First : The Najashi was a Muslim during that time as has been narrated. And it was<br />

because of this that Zubayr considered it permissible to fight alongside him.<br />

Secondly: - which is our point here; it is that the Muslims at that time did not have any<br />

other refuge other than him as per what has been narrated from Umm Salamah, may<br />

Allah be pleased with her, as she said, "When we felt safe in the land of Habashah, we<br />

were in the best of lands, with the best neighbor. We were worshipping our Lord until a<br />

man emerged who challenged his authority. There was never an event that happened to us<br />

which was greater than that. We feared that that man might defeat the Najashi, and hence<br />

another man might come who does not recognise our rights, as the Najashi did.” And this<br />

was his statement that "the Muslims at that time did not have any other refuge other than<br />

him". So this means that they defended their place of refuge by prayers and the<br />

participation of Zubayr because the victory of his enemy would lead to their elimination.<br />

And Allah knows best.<br />

Then he said in section (2972), and that is what we are concerned here, he said, "If the<br />

disbelievers in a state of war said to the prisoners amongst them (he means the Muslims<br />

who are imprisoned under them) - "Fight with us against our enemy who are<br />

Mushrikeen", then they should not fight with them if they do not fear for themselves<br />

because by this fighting, it will cause Shirk to dominate while the fighter is putting

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