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disbeliever.
. If anyone was offering salah (prayer) in the presence of some people and happened
to pass wind (or his ablution was nullified in some way) and he felt embarrassed
so continued to offer salah (prayer) without making fresh ablution, or
. he was close to enemies and stood up and offered salah (prayer) though he was not
in a pure condition - some scholars rule he will not become a disbeliever because
he did not do it to make fun.
However, if anyone finds himself in such an embarrassing situation then he must
not from an intention to offer salah (prayer) while he is standing and he must not
recite any thing nor must he resolve to make ruku' when he bows and must recite
nothing in that posture. In this way, he will not be regarded as a disbeliever in any
one's opinion. Some scholars maintain that if a person offers salah (prayer) in
impure clothing, he does not become an unbeliever.
· If anyone says that while salah (prayer) is fard (compulsory), ruku (bowing) and
sajdah (prostration_ are not fard (compulsory) then he will not become a disbeliever
because of that saying because this may refer to the funeral salah (prayer) in which
ruku' and sajdah are not fard (compulsory). But,
. If any one denies absolutely that ruku' and sajdah are fard (compulsory) in all cases
then he becomes a disbeliever, and even
. if he rejects the fard (compulsory) nature of the second sajdah (in the salah (prayer))
then he becomes a disbeliever, because he rejects the consensus and the
continuously observed practice.
. If any one says that were the ka'bah not the qiblah but Bayt ul Maqdis was the
qiblah, he would continue to face the kabah and offer salah (prayer) and not face
Bayut ul Maqdis, or,
. he name any other place as qiblah and says, "I would not offer salah (prayer)
towards it but only towards the ka'bah," or
. "if the Ka'bah was in certain other direction, I would not have returned myself
there," or,
. he said that there are two qiblahs - the ka'bah and the Bayt ul Maqdis, - in all these
cases, he is a disbeliever.
· Ibrahim ibn Yusuf ales, said that if any one offers salah (prayer) merely to be seen by
others then he will get no reward for it but sin will be recorded against him. Some
others say that he becomes a disbeliever because of that. Yet others say that he earns
neither a reward nor a sin and he is as one who has not offered salah (prayer).
· A man went to a disbeliever and neglected salah (prayer) of a couple of times. If he
did it out of respect for the disbeliever then he becomes a disbeliever and he will
not be bound to redeem these salah (prayer), but
· if he did it because of his sinful and corrupt nature then he will not be a
disbeliever and will have to redeem the salah (prayer) he neglected.
. A man embraced Islam in Dar ul Islam (meaning, Islamic territory) one month
later, he was asked about the five time salah (prayer) and he said, "I do not know if
they are prescribed (fard (compulsory)) on me." He will become an disbeliever
because of that. But if he resides among neo Muslims, then he will not be a
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. If anyone tells a mu'adhdhin when he calls the adhan, "You lie," then he becomes a
disbeliever.
. If anyone says on hearing the adhan, "This is the sound of the bell," then he is a
disbeliever.
. Someone was reminded that he should pay the zakah (Annual due charity). He
replies, "I do not pay zakah (Annual due charity)." In that case, he is a disbeliever.
Some ulama (Scholars) say that simply on the basis of this reply he will become a
disbeliever. But, others say that he will be a disbeliever on the outward conditions
but not on the inward, by his reply in this way. Rather, there should be four
possibilities here too, like in salah (prayer) so that he will not be a disbeliever in
three case but will become a disbeliever in one case.
. If anyone yearns that fasting in Ramadan was not fard (compulsory), the ulama
(Scholars) differ on the ruling. But, the correct thing is that it will on the intention
of the speaker;
. if he meant that he would not be able to give the rights of the month of Ramadan,
. then he would not be a dicbeliever, but,
· if he says, when the month begins, 'A burdensome month," or "a burdensome
visitor has come!" then he will be a disbeliever.
· When the month of Rajab comes and any one says, "After this we shall face
disaster," and casts aspersion on the sacred month of Ramadan then he becomes a
disbeliever, but,
.
if he refers to the arduous nature of fasting on his self, then he does not become a
disbeliever.
The answer to the previous issue is based on the same explanation.
. If any one says that the fasts of Ramadan must and soon, then some scholars say
that he becomes disbeliever on saying that. Some others say that he does not
become a disbeliever.
. If anyone says, "How many more fasts? I am tired," then this expresses disbelief."
· If anyone says, "Allah has made obedience a punishment for us" and these words
are interpreted then he will not be a disbeliever.
. If he says, "If Allah had not made obedience fard (compulsory) (obligatory), that
would have been better for us," and these words and interpreted by any one then
he would not be a disbeliever.
. If anyone says, "Salah (prayer) not worthy of me," or,
. "the lawful is not compatible with me," or,
· "why should I offer salah (prayer), I have no wife and children?" or,
· "I have placed salah (prayer) on the shelf," -
then in all these cases he becomes a disbeliever.
(IX)MEANS TO DISBELIEF THAT CONCERN LEARNING & THE LEARNED
· If, for no apparent reason, a person bears hatred for a scholar of religion, then he is
likely to become a disbeliever.
· A man commented about one who reconciled (differing) people, "to at look at him
is to me like looking swine." Then he is likely to become a disbeliever.
· If any, without reason, calls a scholar or jurist an evil man then too there is
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· He becomes a disbeliever who tells any one, "A donkey's sex organ be in the seat
of your knowledge," meaning thereby religious knowledge.
. An ignorant man said about those who acquire knowledge, "what they learn is
merely stories and tales," or
· "That is fraud," or
. "I reject learning of causes," - it must be understood that these words are all
expressive of disbelief.
. If a man sits on a raised place around people who put to him questions in jest and
then begin to throw pillows at him and all laugh heartily, then all of them become
disbelievers.
. A man was returning from a gathering of learning. Someone remarked, "You are
coming from a pagan house," and this joker becomes a disbeliever.
· If he says, 'What have I to do with places of learning?" or
. "who is capable of doing what the scholars preach?" - then he is a disbeliever in
each case.
. If anyone says that learning cannot be put in a vessel or a purse (meaning, a
container of food and of money , and both these things are necessary), or,
. 'what shall I do of learning? I want silver in my pocket." - then he becomes a
disbeliever.
. If anyone claims to be preoccupied with his family so says sarcastically, "I cannot
attend places of learning," thereby ridiculing knowledge, then he is likely to
become a disbeliever.
· A scholar jurist was speaking of knowledge of narrating a sound hadith. One of his
listeners remarked, "This is nothing" and rejected whatever he said, Or,
. he said, "How will this help? I need money. That rules everyone. Of what use is
knowledge?" - these things express disbelief.
· Saying that making mischief is better than sagacity lands one into disbelief
· If a woman whose husband is a scholar remarks, "Curse be upon a husband who is
a scholar," then she become a disbeliever.
. If anyone says that the doings of the scholars resemble those of the disbelievers
then he will become a disbeliever then he demonstrates their all deeds to be at par
in which case he says that truth and falsehood are equal.
. Someone had a dispute with a jurist over a reasoning put forward by the jurist. The
man said, "Do not behave like a scholar. You cannot get anything here." There is
. . likelihood of this man falling into disbelief.
·* If anyone calls a jurist, "O wise man!" or,
· "O high one!" - then he will not be a disbeliever if he did not intend to belittle religion.
. It is reported that a jurist left his book in a shop. When we passed by it later, the
shopkeeper called out, "You have forgotten the saw here." The jurist said, "It is my
book in your shop, not a saw." But, he shopkeeper, insisted, "The carpenter cuts
wood with the saw and you cut wood with the saw and you cut the necks of
people with the book." The jurist complained to shaykh Imam Abu Bakr
Muhammad ibn Fadl als, about it and he passed judgement that the shopkeeper
should be executed.
. A man scolded his wife and said, "Obey Allah" and he forbad her from committing

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sin. She said, "What do I know of Allah and knowledge. I have placed myself in
hell." Because of these words, she become a disbeliever.
. A man was told that those who seek knowledge walk on the wings of the angels.
He said, "This (is not so It) in a lie." He become a disbeliever because of it.
. If anyone says that the deduction and reasoning of Imam Abu Hanifah att, is not
correct, then he is a disbeliever. Because he has rejected his deduction outright.
. If anyone says that the bowl of tharid and rice is better then learning then he
becomes a disbeliever.
. If he says that the bowl of rice is better from Allah then he will not become a
disbeliever, because it could mean 'coming from Allah.' the same interpretation
cannot apply to knowledge or learning. [The point is that we must look at the Urdu
words which are respectively (+ (pc) and (+ ) (Allah say bahtar) the words
say can mean 'then' as well as 'from' the message cannot be conveyed in English]
.
A man said to his enemy, "Come with me on the path of Shari'ah (divine law)." He
said, "Bring a policemen. I will come along. I cannot come by force." He will
become a disbelieve" because he contends with Shari;ah. But,
. If he says, "Come with me to the judge" and the other gives the same answer as the
one he gave for Shari'ah (divine law) then he will not be disbeliever.
· If he were to say, "Speaking of Shari'ah (divine law) and excuses to me will not
profit anyone." Or,
· They will not go ahead. Or,
· There is a sweet dish of dates for me. What shall I do with Shari'ah (divine law)?" -
all these things express disbelief.
· If he says, 'when you had taken silver, where was the judge and Shari'ah (divine
law)?" then he becomes a disbeliever. Later day scholars say that if by judge he
means the (local judge or) city magistrate then he will not be a disbeliever.
. Some was told about the command of Shari'ah (divine law) on something. He said,
"I follow custom, not Shari'ah (divine law)." Then, according to some he becomes a
. disbeliever.
.
A man asked his wife, "what do you say? What is the command of Shari'ah (divine
law)?" She said in a raised voice after giving a loud belch, (ut,+ +).1
She becomes a disbeliever. And her marriage stands dissolved.
.
A man presented a religious edict to his adversary. He rejected it, saying, "Have
you brought a pile of edicts?" According to some, he becomes a disbeliever because
he rejected the command of Shari'ah (divine law).
. But, if he said nothing about the edict, yet taking it, he put it down on the earth,
saying, "Is this Shari'ah (divine law)?" So, he will become a disbeliever.
·
A man asked a scholar for an edict about his wife. He replied. "Your wife stands
divorced." The man protested "I do not believe in divorce. Mother and children
must be at home." He will become a disbeliever because of these words.
.
Two men quarrelled. One of them brought a religious edict to the other, who said,
"Not like it says in the edit," Or,
1 She made fun of Shari'ah (divine law) by using its letters individually (%)+) in a ridiculous
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"I do not follow it." Then - he will be awarded a ta'zir (punishment)
(X)MEANS TO DISBELIEF THAT CONCERN THE LAWFUL & UNLAWFUL AND THE
WORDS OF THE SINNERS & INDECENT
. If anyone believes the lawful to be forbidden and the unlawful to be lawful then he
becomes a disbeliever.
.
But, if he declares the forbidden to be lawful in order to sell his merchandise or out
of ignorance then he will not be a disbeliever. But, the condition applies: the
forbidden (or unlawful is exactly (or directly) forbidden (bi'aynihi)1 and he
believes (regards) that to be lawful in which case he will be a disbeliever. But if he
unlawful is forbidden for another reason (lighayrihi)2 and he calls it lawful then he
will not be a disbeliever.
. And he will be a disbeliever concerning any thing that is unlawful (+) (biaynihi)
and he calls It lawful when its being unlawful is established by categorical
evidence or argument, but,
· if its being unlawful is not established by categorical evidence and is proved by
Khabar wahid then he will not be disbeliever for regarding it as lawful.
· A man was asked, "would you prefer one lawful thing over two unlawful?" He
said, "whichever of the two kinds (lawful or u nlawful), arrives faster." In this case,
he is likely to fall into disbelief.
· If he says, "I want property whether lawful or unlawful" then disbelief is feared for
him too.
. If he says, "As long as I get the unlawful, I shall not hanker after the lawful then he
does not become a disbeliever.
. If anyone gives something unlawful to a poor man with intention to be rewarded
for that (by Allah) then he becomes a disbeliever. And,
. if the poor man knows that what he gives is unlawful yet he takes it and prays for
the giver who says aameen on his prayer then he too becomes a disbeliever
. A man is told to consume only what is lawful. He retorts, But the unlawful is
.
verydean to me." So, he becomes a disbeliever on that. And,
· · if he says in answer, "Bring to me even one person in this world who consumes the
lawful then I shall prostrate myself before him." Then too he will become a
disbeliever because of that.
. A man was advised to consume the lawful. But he said, "I wish to have the
unlawful." He becomes a disbeliever.
. The son of a sinner consumed wine. His relatives came to him and showered
money on him. Because of this all of them become disbelievers. Or,
. The relatives did not offer money but merely congratulated the man. In this case
too they become infidels.
. If any one asserts that the prohibition of wine is not established by the Quran, then
he will become a disbeliever.
· Someone reminded a man who consumed wine that the Quran forbids wine. "Why do
you drink it? Why do you not repent?" The alcoholic quipped, "Can one be satiated
1 directly as prescribed.
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with mother's milk He will not become a disbelieved on that, because this is either a
question, or an expression of love of wine and milk as being equal in his mind.
. If a man believes that it is lawful to have sexual intercourse with his wife when she
is having her menses, then he is a disbeliever. Also,
. he is regarded as an infidel who considers it as permitted to go into the anus of his
wife. And,
It is stated in Nawadir from Imam Muhammad ales, that in both cases he
will not become a disbeliever. This ruling is stated to be correct.
. A man consumed wine and blurted out, "He who associates with us in this our
delight, to him belongs the true delight. And he who is unhappy with this our state
and delight - is in great loss." This man is a disbeliever.
· When a man was engaged in drinking wine, he poured forth, "I am showing off
that I am a Muslim," or "I make it evident that I am a Muslim." He becomes a
disbeliever.
· If an evil and alcoholic man utters "If a drop of wine trickles down, JIbril will pick
it up with his feet," then he becomes a disbeliever.
· Someone rebuked a sinner, "you begin every morning by displeasing Allah and
His creatures." He said, "I do well," this man becomes a disbeliever.
. A man says about sins that it is a religion. He becomes disbeliever because of that.
, This is as written in al-Muheet. However, it is stated in Tajnees Natiqi that the
correct thing is that he will not become a disbeliever.
. JEST WITH TASBIH & TAHLIL: A man says (a ) subhan Allah (Allah is
without blemish). Another remarks, "you have extinguished the light of subhan
Allah," or
. "you have ripped open its hide" then - they become disbelievers
.
Someone said a man that he should say (a yidty) (There is no God but Allah). He
said, "I shall not say so." Some scholars say that he becomes disbeliever. Other say
that if he means, "I shall not say so at your command, then he does not become a
disbeliever. Yet other say that he will become a disbeliever in any case.
. If he asks, "What could you achieve by reciting this Kalimah (ayidry) that I should
.
recite it?" then he will become a disbeliever.
. A king sneezed. One of those around him said (any.) (may Allah have mercy on
you!) Another man rebuked him, "Do not say so for the king." This man who
rebuked him becomes a disbeliever.
(XI)MEANS OF DISBELIEF THAT CONCERN THE LAST DAY & RELATED MATTERS
· Anyone who denies the fact of the Last Day, the day of resurrection, paradise, hell,
the scales. The sirat (bridge) and the record of deeds is a disbeliever.
· He who denies resurrection after death is a disbeliever.
. He who says that he does not know whether the Jews and the Christians would be
punished in hell fire on being resurrected or not becomes a disbeliever.
. He also becomes a disbeliever who rejects that the dwellers of paradise will have a
vision of Allah, or
. he denies that the dead would be punished in the grave, or
· he denies that mankind would be gathered for reckoning, - in All these cases he
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becomes a disbeliever, but,
. If he denies the gathering and reckoning of other creatures then he wil not be
disbeliever.
. If he says that reward and punishment applies only to the soul then too he does not
become a disbeliever.
. A man preached to another that sins should not be committed otherwise reckoning
in the other world would be very stiff. The other retort ed, "Who knows about the
other world?"
. A debtor was warned by his creditor, "If you do not repay your debt in this world,
I shall get it from you on the day of resurrection." He asked, "Of course, will there
be a day of resurrection?" If he means to make fun of the day of resurrection, then
he will be a disbeliever.
· A man wreaked tremendous oppression on another. The wronged one pleaded,
"There finally will be of resurrection, then he will be disbeliever.
. A man wreaked tremendous oppression on another. The wronged one pleaded,
"There finally will be the day of resurrection. Do fear its coming." The cruel man
joked "A certain donkey will be there." This oppressor is a disbeliever.
. A creditor reminded his debtor to repay him in this world otherwise there would
not be any money in the next world (but deeds). The debtor said, "Okey give me
ten rupees more. You may take it back from me here or I will repay you there." He
becomes a disbeliever because of that.
· If someone says, "What have I to do with the gathering (day)?" or
. "I am not afraid of the day of resurrection." - then he becomes a disbeliever in
either case.
. A man said to his enemy. "I shall avenge myself on you in the hereafter." He
retorted, "How will you find me in the huge crowd?" The scholars defer on the
verdict of disbelief on this man and the jurist Abu Layth ams, ruled that he does a
not become a disbeliever.
. Someone commented that everything in this world must be good. Whatever
happens here will happen (as final). He becomes a disbeliever.
. A man was advised to abstain from the worldly things keeping in view the
hereafter. He remarked, "who would forsake that which is accessible (and in hand)
for the sake of what is promised and unseen?" He becomes a disbeliever.
·
Someone said that if any one is foolish in this world then he will be like one whose
bag has a big hole, meaning that he will be useless. Imam Abu Bakr Muhammad ibn
Fadl als, said that if he means to make fun of the hereafter then it spell disbelief.
· A man said to another, "I shall go with you to hell but I cannot come inside." Then
he becomes a disbeliever.
. If someone says, "unless you bring something for the ridwan (keeper) of paradise,
he will not open the gate." He becomes a disbeliever.
. A man said to those who enjoin piety, "what is the noise that you create?" If he
£
means to reject, then there is likelihood that he becomes a disbeliever.
. Someone instructed a man to go to certain house and enjoin piety. He asked, "what
has he done to me?' or, "Why should I hurt him?" or "I am by myself. I have no
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. If a man condoles with another and says, "what is last through his life, may you
find an increase in yourself." This is very likely to land him in disbelief, Or,
· "May you get an increase." Then, this is ignorance and a mistake. Or,
. "The lifespan of that person decreased and it come to you." This too is ignorance. Or,
· "If he had died, he has entrusted his life to you." This is disbelief.
. A man was ill. When he recovered, someone else remarked, "That donkey is sent
again." This is also disbelief.
. A man fell ill and his sickness grew worse and prolonged. The sick man was fed up
and said to Allah, "Give me death whether on Islam or on disbelief." This too is a
step to disbelief.
(XII)MEANS TO DISBELIEF THAT CONCERN INVITATION TO DISBELIEF & APOSTACY
. If anyone urges another to recite the expression of disbelief, he becomes a
disbeliever himself, even if it is done in play and jest.
. If a man incites another's wife to turn apostate and separate from her husband then
he becomes a disbeliever. This is the verdict of Imam Abu Hanifah ales, and Imam
Abu Yusuf alles.
. A man instructed another that he should become a disbeliever. He himself become
a disbeliever whether the one who is instructed follows his instruction or not.
. Imam Abu Layth & os, said that the moment any one gives another advice to
become a disbeliever or express disbelief, he himself becomes on infidel.
. Similarly, when he urges anyone to become an apostate, he himself becomes a
disbeliever.
. Imam Muhammad atus, said that a person was compelled to utter the expression
of disbelief under threat of life or severance of limbs. There can be a few
possibilities for that:
(a) He uttered words of disbelief but was a believer at heart and there was not even a
semblance of disbelief in his mind. So, he will neither be judged to be a disbeliever
nor be one in Allah's Sight.
(b) He gives false information of his disbelief in the past and had no intention to
become a disbeliever for always. In this case, he will be judged in law to have
adopted disbelief and the judge will separate him and his wife.
(c) He says that while expressing disbelief he decided to give false information of
disbelief in the past but had never had such in intention previously. Rather, did
have that intention in future. In this case, he will be a disbeliever in Allah's sight
and in the law of the land too.
. A man was compelled to offer salah (prayer) facing the cross. So, he did that. There
can be three possibilities of that.
(a) If he affirms that though he was compelled to offer salah (prayer) facing the cross he
had not an inkling of conviction for that, then he will not be a disbeliever in law
and between himself and Allah.
(b) If he had resolved to offer salah (prayer) for Allah's sake and not for the cross, in
this cast too, he will not be a disbeliever.
(c) If he thought of offering salah (prayer) for Allah's sake but he gave that up and
offered salah (prayer) for the cross, then he is a disbeliever in law and between
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· If a Muslim is asked to prostrate himself before a king then it is better for him not
to make the prostration, even if threatened.
. A man uttered the expression of disbelief with the tongue deliberately but had no
conviction of disbelief. Some people say that he is not a disbeliever, but some
others say that he is a disbeliever, and this latter is correct.
. Someone spoke.the words of disbelief without knowing that it was an expression
of disbelief but he had spoken them voluntarily, then all the scholars rule
unanimously that he is a disbeliever. Ignorance will not count as an excuse.
However, some people do say that he will not become a disbeliever.
· A man, who jests or blabbers non-serious words, utters to show-off and have
himself praised, words of disbelief. He then becomes a disbeliever in the view of all
scholars though he may not have a conviction of that.
· Someone uttered an expression of disbelief by mistake. He intended to say
something else but happened to utter the wrong words (by a slip of tongue). He
will not become a disbeliever.
. If a Muslim puts on the cap of the Majusis (Magians) then he becomes a
disbeliever. However, if he does it to protect himself from heat or cold then he will
not become a disbeliever.
· A Muslim becomes a disbeliever if he wears the zunnar unless he puts it on for
espionage during warfare. (zunnar is a thread that Hindus wear.)
. If someone says, "Better then what you do is one who disbelieves." And he means
to regard disbelief as better, then he becomes a disbeliever. But, some scholars, Abu
Layth alde), among them, maintain that merely saying so makes one a disbeliever
whatever his internal intention.
. If a Muslim emulates the Majusis in what they do on their Nawruz then he
becomes a disbeliever.
· · If he buys on Wawruz what he never buys and this thing is bought specifically to
celebrate Nawruz then he becomes a disbeliever. But he will not become a
disbeliever on buying eatables and necessities of life.
. If a Muslim gives some gift to the polytheists on this day as a mark of respect for it,
even an ordinary gift, then he becomes a disbeliever.
. If he accepts their invitation to their custom of mundan of their children then he
will not become a disbeliever.
. If anyone regards the traditions and affairs of the disbelievers as good then he
becomes a disbeliever himself. For example, if he praises the custom of the Majusis
of not speaking at meals or of not lying down with one's wife when she
menstruates then he becomes a disbeliever.
· If a Muslim slaughters an animal when a man dons garments on being honoured
then he becomes a dibeliever.
· If a Muslim slaughterers an animal when a man dons garments on being honoured
then he becomes a disbeliever, and
. The sacrifice is regarded as carrion which it is not allowed to eat.
. It is an act of disbelief to slaughter an animal in honour of any one other then Allah
and also
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that occasion is an act of disbelief.)
. An animal is let loose in the name of a false deity and is assigned the name of the
deity to make it well-known. For example after some pious man's name or anyone
other than Allah. These things are acts of disbelief.
· Similarly slaughtering animals at graves of pious men or at banks of rivers, or
making offerings to gods and goddesses are all acts of disbelief.
· Animals slaughtered in this way fall in the category of carrion which one is not
allowed to eat. It does not make any difference whether bismillah was recited at
· the time of slaughter or not In either case it is unlawful to eat it. If anything is
devoted to other than Allah then it is no use reciting bismillah. This or the like of
this, is written in various books like Tanveer ul Absar, Durr Mukhtar, etc.
. Some of these books say that one who slaughters animals set free in names for
others than Allah is a disbeliever. Also, such animals are forbidden and unlawful.
Among the ulama (Scholars) who have said so are Abu Hasas Kabir Abu Ali
Daqqaq at, Abdullah Katib, ale,, Abdul Wahid als,, Abu al Hasan Nawwawi
altas, etc. They have classified the verdict as correct.
It is stated in Tafsir Nayshapuri that the ulama (Scholars) agree that if a Muslim
slaughters an animal to gain nearness to anyone other than Allah and to honour
him then he is an apostate. The same command applies to his slaughter as to the
slaughter of an apostate.
· According to a sahih hadith, he who slaughters an animal to gain nearness to
anyone other than Allah is accursed. This is as in Mishkat.1
· Shah Abdul Aziz Muhadith Dhalawi alus, has explained in his Tafsir Azizi against
the verse:
وَمَا أُهِلَّ لِغَيْرِ اللّهِ
{and that over which a name other than Allah's is invoke} (2: 23)
He writes that such animal is worse than a swine and a carrion. The tafsir may be seen
for an exhaustive commentary.
. A woman fastened a rope round her waist and said, "This is zunnar." She becomes
a disbeliever.
. A man said that better then treachery is disbelief. Most ulama (Scholars) say that he
becomes a disbeliever. Abu al Qasim Sighar ales, ruled accordingly.
· A man beat a woman who exclaimed, "You are not a Muslim." He said, "Yes, I am
not a Muslim." He becomes a disbeliever because of that.
· Someone asked another, "Are you not a Muslim?" He said, "No," so he becomes an
infidel.
· A woman asked her husband, "Do you have no religious integrity and sense of
honour of a Muslim that you wish me to mingle with men?" He said, "Yes I do not
possess religious integrity and Islamic sense of honour." He becomes a non-Muslim.
. A man called his wife, "O Jewess!" or "O Majusi!" or "O. disbeliever!" She
responded, "I am like that." Or, "If I am like that, divorced me." Or, "If I was not
like that, how would I live with you?" Or, " ... not live with you?" Or, "If I was not
1 Mishkat ul Hasabih # 4070, Muslim # 45-1978, Nasa'i # 4422

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that I would not have had sexual intercourse with you." Or, " .... you would not
have kept me with you." - then because of these words, she become a disbeliever.
. If, instead of those words, she had responded, "If I am like that, Do not keep me
with you," then she would not be a disbeliever.
· If a woman calls her husband, "O disbeliever!" or "O Jew," or, "O Majusi," He says
in reply. If that were not so, I would not have kept you with me," then he becomes
a disbeliever because of that. But,
· if he says, "In that case, do not live with me, then he will not be a disbeliever.
. If someone is called a disbeliever Jew and he says, "I am like that. Do not live with
me." or "If I was not as you say, I would not have lived with you," or he said
something like that, then he becomes a disbeliever.
· A man decided to do something. His wife said, "If you do it, you will become a
disbeliever." But, he went ahead and did what he had decided to do, disregarding
her wife's imprecation. So he does not become a disbeliever because of that.
. A man addressed his wife with the words, "O disbeliever!" She retorted, "Not I,
but you!" Or,
. A woman called her husband, "O disbeliever!" He said, "Not I you!" - then, this
will not separation between them.
· If a stranger man is called, "O disbeliever!" Or,
· a stranger woman, "O disbeliever!" - and, the addressee gave no response, Or,
· a husband said to his wife, "O disbeliever! And she did not reply, or,
· a wife called her husband, "O disbeliever! and he did not reply, - then Abu Bakr
A'mash Balkhi al >, said that the one who addresses in this manner becomes a
disbeliever. Bur, other scholars of Balkh say that he (or she) does not become an
infidel. The correct answer is that if the addressors merely meant to call the
addressee as bad then they do not become disbelievers. But, if they are convinced
that the (addressee) Muslim is a disbeliever and call him (or her) "O disbeliever,"
then they will become disbelievers because of that.
· If a woman calls her child a disbelieving child then it does not make any one a
disbeliever. But, some do say that it is disbelief.
. If a man calls his child a disbeliever then he too is not a disbeliever.
. If anyone calls one's animal, "O disbeliever!" then no one becomes a disbeliever.
. If a man calls a Muslim, "O disbeliever!" "O Jew!" or "O Majusi!" and the Muslim
responds with labyak (here am I), then he becomes a disbeliever. But,
· if he says, "I was fearful lest I become a disbeliever" then he will not be a disbeliever.
. If a man says to another, "You caused me so much trouble that I wished I should
become a disbeliever," then he will be a disbeliever.
Someone remarked, "This is not a time to remain a Muslim. Rather it is a time of
disbelief." Some people said that he becomes a disbeliever, but the authority of al-
Muhit wrote that he does not become a disbeliever.
. A Majusi and a Muslim were together at one place. Someone called the Majusi, "O
Majusi!" If the Muslim presumes that he calls him and responds then he will not
become a disbeliever provided both of them were occupied in an assignment of the
one who calls. Or,
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involved in disbelief.
· If a Muslim says, "I am an apostate," then he becomes a disbeliever, but
· if he says that he did not know that one become disbeliever by those words, then
he will not be excused.
· A man said something which his listeners took to be words of disbelief though it
was no such thing. However, they insisted that he had become a disbeliever and a
separation had taken place between him and his wife because of that. He
rebounded on them with, "A disbeliever, I have become! My wife stands
divorced!" When he speaks thus he does bocome a disbeliever and a separation
does take place between him and his wife.
· A man said, "I am Fir'awn" (the Pharoah), or "I am Iblis" (the devil). He becomes a
disbeliever because of that saying.
· Someone advised an evil man to mend his ways and encouraged him to repent.
But, the evil man taunt ed him, "I put wine on all the heads under these turbans."
So, he becomes a disbeliever.
· A woman says to her husband, "It is better to become a disbeliever than to live
with you/" She becomes a disbeliever because of that.
· Another woman vowed, "If I do such a thing, I am a disbeliever." Abu Bakr
Muhammad ibn Fadl als, said, "She becomes a disbeliever on saying that and her
marriage stands revoked." But, Qadi Ali Sa'di ales, said, "These words are words
of ? vow, not of disbelief."
· A woman says to her husband, "If you oppress me after this," or
· "I: you do not buy that for me, then I shall become a disbeliever." She becomes an
infidel the moment she speaks those words.
· A man said by way of an example, "I was a Majusi, but I became a Muslim." He
merely spoke these words without any conviction whatsoever. In spite of that he
b›comes a disbeliever
· If & Muslim makes a prostration of greeting before someone, then he will not
become a disbeliever because of that.
. A man said to another, "May Allah seize from you your faith." He said, "Aameen!"
On that, both of them will become disbelievers.
· A man caused difficulty to another man who pleaded, "Do not trouble me I am a
Muslim. The trouble maker exclaimed "whatever you be; A Muslim or a
disbeliever!" On this, the trouble maker becomes a disbeliever. Or, he said,
· "Even if you become a disbeliever, I lose nothing." Even in this case, he becomes a
disbeliever.
· An infidel embraced Islam. So people presented to him gifts. One of the Muslims
ejaculated. "would that I was a disbeliever and had embraced Islam! People would
have given me gifts." Or,
· he said nothing but hoped in his heart that this would have happened, - in either
case he becomes a disbeliever.
· A man yearned that Allah had not forbidden wine. He does not become a
disbeliever because of that.
£
. If anyone wishes that Allah had not forbidden oppression and adultery, or unjust
killing and bloodshed, then he becomes a disbeliever because of this wish. The

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reason is that these things have never been lawful through his first wish is not
impossible while his second wish is impossible. (The second four things
oppression, adultery, killing and bloodshed have never been lawful in any Shari'ah
(divine law))
. If anyone wishes that a brother and sister marriage was not unlawful then he does not
become a disbeliever because it is not impossible and was lawful in the beginning.
. In short, if any thing had been lawful at any time and was made unlawful later then
(it is not impossible and) hoping for it to become lawful is not a means to disbelief.
· A Muslim man saw a beautiful Christian woman and wished, "How I wish I was a
Christian! I would have married her." He becomes a disbeliever.
· A man requested another to help him in his rightful, just cause. The other asked,
"Does anyone help achieve a night cause? Rather, I will help you in an unjust,
wrong cause." Because of this he becomes a disbeliever.
. If anyone claims, "I have created this tree," he does not become a disbeliever,
because he will be presumed to have referred to planting the tree. But,
. If he means to have created it in the true sense of the word then he will become a
disbeliever.
· Someone boasted, "As long as I have arms, I will have no problem, earning my
livelihood." Some scholars say that he becomes an infidel. Other say that he
qualifies for disbelief.
. If anyone calls sufiosm an unfortunate thing then it is a very bad utterance.
. A man observed a circle round the moon and predicted rain fall and he meant to
know the unseen. So, he becomes a disbeliever.
· An astrologer said to a man, "your wife is pregnant. He believed him and so
becomes a disbeliever.
. A man heard an owl and said, "The patient will die." Or, "A calamity will befall," or,
. He heard a crow and said, "A traveller is about to arrive," then - the scholars differ
on whether he is disbeliever or not.
. Someone uttered what is not proper to say. Another man reminded him, "Why do
you say such things? These words will make you a disbeliever." He said, "what
may I do? If I have to become a disbeliever in that way, : I shall become one." So,
he is an infidel.
· If someone recites (3) zaa instead of (+) daad (the letters of the Arabic alphabet), or
• he recites (ِأضخاب النَّار) (People of the fire) instead of (أضحابُ الْجَنّة) (people of paradise), -
then such a man cannot be retained as an imam, and,
· if anyone does not becomes a disbeliever.
. If any one takes an oath, By your life." "By my life," or any such oath, then he is
likely to full into disbelief.
. Someone said, "Allah gives sustenance but He wants the creatures to work," some
scholars say that such speech is polytheism.
· A man said, "I am relieved of reward and punishment." He will become a
disbeliever because of that.
· A man asserts that he would do whatever another would ask him to do, even an
act of disbelief. He will become a disbeliever because of that.
. If anyone says, "I am fed up of being a Muslim." He becomes a disbeliever.

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. The caliph Mamun Rashid asked a jurist what should be done to a man who had
killed a weaver. The jurist said t hat ta'zir (discretionary punishment) was wajib
(obligatory), but Ma'mun ordered that the jurist should be beaten. So, he was beaten
till he died. Ma'mun explained that the jurist had made fun of Shari'ah (divine law)
which amounted to disbelief.
· A beggar had a black blanket on his shoulders. Someone called him Muddaththir.
This is disbelief. (The reason is that 'one with the black blanket or robe' is the
صلى اللهعليه وسلم and Muddaththir is one of his name صلى الله عليه وسلم appellation of the prophet
· If anyone calls an unjust king 'just then he is a disbeliever, but some authorities say
that he is not a disbeliever.
· If anyone calls an oppressor, "O God!" then he is a disbeliever.
· If he calls him, "O baar khuda" (O great god) then most scholars say that he will
not become a disbeliever.
· A scholar named sighar was asked about the Khatibs who deliver the sermons on
Friday from the pulpits and refer to the kings as; the great just (king), the great king
of kings, master of the necks of the people, king of the land of Allah, king of the
countries of Allah, or mu'in Khalifah Allah (helper of Allah's caliphs). It is allowed to
refer to kings with these titles in the sermon? He said, "It is not allowed. Some of
these words express disbelief and some are sinful and lies. The words shah-in shah
(King of kings) without the qualification 'great' is specifically for Allah as one of his
names and attributes and it is not allowed to qualify it with an attributes of the
creatures. And the words Maalik riqab ul Umam (master of the necks of the people is
clearly a lie when a king is addressed as such. So it is with the title 'king of the land
of Allah or such others when applied to a king. That, too, is a lie.
· Imam Abu Mansur said that if any one kisses the land in front of someone or bows
down before him or bows his head, then he does not become a disbeliever. The
reasons is that he does it out of respect and not to worship him. Other scholars say
that it is a grave sin to prostrate oneself before tyrants or dictators. Some scholars
say, indeed, that one who does so becomes a disbeliever. Some others say that if he
intends by that to worship him then he becomes a disbeliever but if he intends to
respect and honour him then he will not be a disbeliever but what he does is
forbidden. And, if he has no intention at all, then, too, most say that he becomes a
disbeliever.
. To kiss the earth is tantamount to prostration though placing ones forehead or
cheeks on the earth is a lighter crime.
· If anyone believes that Kharaj (homage revenue) belongs to the king then it is
disbelief.
. If any one teats another badly and he says that all the trouble emanated from him
and Allah has so say in it then this is disbelief.
· If anyone is awarded a king's robe and he makes an offering while putting it one to
please the king then he becomes a disbeliever. The slaughtered animal will be
regarded as carrion which it is not allowed to eat.
. In some places, the custom of the Hindus is observed. When a child get small,
women name a stone by its local name cheechak and begin to worship it expecting
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recover in this manner. This is a form of disbelief and the woman who observe it
are disbelievers. If their husbands approve it, then they too are infidels.
. Similarly, it is an act of disbelief to go to the banks of a river and worship its water
and to slaughter an animal there. The animal is as disallowed as carrion is. Its flesh
in forbidden.
. So, it is disbelief to keep a picture in the house and to worship it as the fire-
worshippers do.
·
When a child is born, a chart is drawn with cinnabar and oil is poured into it. Then
it is worshipped in the name of bhuwani idol (Or an outline is drawn on the where
after it is worshipped as bhuwani idol)
.
Similarly, other such doings are polytheistic customs and liable to disbelief. The
woman who practice them are all disbelievers and the marriage of each of them
stands annulled.
. If anyone says that in the present age, you cannot survive unless you cheat and
speak lies, or,
· you cannot earn a living unless you resort to falsehood in buying and selling, or,
.
when advised not to cheat and lie they put forward the excuse that these things
cannot be avoided.
- these words make the speaker a disbeliever.
. If a man is advised not to lie and he says in answer, "This is more correct then the
Kalimah (لا اله الا الله محمد رسول الله) then he becomes a disbeliever.
· If anyone becomes angry and another person says, "It is better to be a disbeliever
than to fly into a rage," then this adviser becomes a disbeliever.
. If a man speaks something that is not proper and another terininal him to be
careful lest he fall into disbelief and he is tenacious. "If I fall into disbelief, what is
it to you," then he becomes a disbeliever.
. If anyone gets an evil thought that could lead to disbelief and he thinks bad of it as
he brings it to his tongue then it is a sign of faith, but
· if he brings it to his tongue with intention of disbelief then he becomes a
disbeliever forthwith even if he adopts disbelief after one hundred years.
. If any one brings words of disbelief .o his tongue willingly though his heart is firm
with faith then he becomes a disbeliever (nevertheless). He will not remain a
believer (nevertheless). He will not remains a believer in Allah's sight.
. If anyone utter forgetfully such words as are not liable to lead him to disbelief (but
are wrong) then he remains a believer as he was and he need not make a
repentance nor reaffirm his marriage ties.
A GENERAL CRITERION
If a person says or does something in which there are many responsibilities of disbelief and
one in which disbelief is not possible, then the jurist is bound to learn towards this one that
does not necessitate disbelief. But, if the person clearly chooses the possibility that leads to
disbelief then the jurist does not have any option to resort to interpretation. If, however, his
intention is based on the aspect that does not make a disbeliever, then he is a Muslim. And
if, anyway, he chooses what leads to disbelief then no edict will benefit him. He will be
instructed to make a repentance and revert from the wrong course that he has adopted and
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SUPPLICATION: It is proper for a Muslim to make his supplication every day, morning
and evening. Insha Allah, he will be safe from every aspect of disbelief because this is what
the prophet صلى الله عليه وسلم has said, (He is as-Sadiq and al Masduq - the truthful whom people
have confirmed as such.)
The supplication is:
اللَّهُؤَّ إِنٌَّ أَمُؤْذُ بِكَ مِنْ آَنْ أُشْرِكَ بِكَ شَيْئًا وَآَنَا أَعْلَمُ بِهِ وَ اسْتَغْفِرُكَ لِمَالَّا أَعْلَمُ بِهِ
(O Allah, I seek refuge in you from that I should associate anything with you while
I know it. And I seek forgiveness for that which I do not know).
Praise belongs to Allah, we have completed the discourse on the means of disbelief that we
reproduced from Alamgiri.
SECTION I
الَفَضْلُ الْأَوَّلُ
APOSTATE IS PUT TO DEATH
(٣٥٣٣) عَنْ عِكْرَمَةً قَالَ أُقِّ عَلِيُّ بِزَنَادِقَةٍ فَأَخْرَقَهُمْ فَبَلَغَ ذلِكَ ابْنَّ عَبَّاسِ فَقَالَ لَوْكُنْتُ أَنَا لَمْ أُحْرِ قُهُمْ
لِتَعِي تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَاتُعَذِّ بُوْا بِعَذَّابِ اللَّهِ وَلَقَتَلْتُهُمْ لِقَوْلٍ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ مَنْ بَدَّلَ دِيْنَهُ فَاقْتُلُؤُهُ- (رواه البخارى)
3533. Sayyiduna Ikrimah us at +, narrated that some Zindiqs were brought to
(Sayyiduna) Ali us & +, who had them burned. This news was conveyed to
(Sayyiduna) Ibn Abbas ws à+, who said, "Were I there, I would not have burned
them because of the prohibition of Allah's Messenger صلى الله عليه وسلم, 'Do not inflict
anyone with the punishment of Allah' (like consigning anyone to the fire). Rather, I
would have killed them because of the saying of Allah's Messenger , l & o,
"Those who change their religion, kill them.""1
COMMENTARY: In reality, the zindiqs were a section of the Majusis who follow the book
zand of Zardasht Majus as corrupted. However, in common parlance, every one who has
apostated from his religion is called a zindiq (an atheist or a hertic, too).
In this hadith, too, the zindiq are those people apostated from Islam. Some ulama
(Scholars) say that they were some of the followers of Abdullah ibn Sabsa. They pretended
to be Muslims in order to create mischief and disorder in Islam and to mislead the
Muslims. They claimed that Sayyiduna Ali As a+, was divine. Hence, he had all of them
arrested and demanded of them that they should repent and refrain from creating mischief.
But, they did not submit.
Sayyiduna Ali Ase an +, then had a large pit dug and had a fire kindled in it. Then he had
them cast into the pit of fire.
It is reported that when Sayyiduna Ali e a>> learnt of the statement of Sayyiduna Ibn
Abbas usd+, he confirmed, "indeed Ibn Abbas has spoken the truth."
This means that Sayyiduna Ali as a >, had used his ijtihad (discretion) and there was
wisdom in having all of them burnt. He wanted that to serve as a warning to other people
1 Bukhari # 6922, Tirmidhi # 1458, Abu Dawud # 4351, Nasa'i # 4059, Ibn Majah # 2535, Musnad
Ahmad 1-217.

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to refrain from such mischievous activities.
DO NOT INFLICT PUNISHMENT OF BURNING
(٣٥٣٤) وَعَنُ عَبْدِ اللَّهِ بْنِ عَبَّاسِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ النَّارَ لَا يُعَذِّبُ بِهَا إِلَّ اللَّهُ-
(رواه البخارى)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Abbas .3534
jule said "The fire! No one punishes with it, but Allah."1
(It is not fitting for any man to punish another for a crime whatever kind it be with fire).
THE KHAWARIJ PIN POINTED
(٣٥٣٥) وَعَنْ عَلِيٍّ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُولُ سَيَخْرُجُ قَوْمٌ فِي آخِرِ الزَّمَانِ
حُدَّاثُ الْأَسْنَانِ سُفَهَاءُ أَلَّا حُلَامِ يَقُولُ مِنْ خَيْرٍ قَوْلِ الْبَرِيَّةِ لَّا يُجَاوِ زُ الْمَانُهُمْ حَنَّا جِرَهُمْ يَمْرُقُوْلَ مِنَ
الدِّيْنِ كَمَا يَمْرُفُ السَّهُمُ مِنَ الرَّمِيَّةِ فَأَيْنَمَا لَقِيْتُمُؤُهُمُ فَاقْتُلُؤُهُمُ فَإِنَّ فِي قَتْلِهِمُ أَجْرًا لِمَنْ قَتَلَهُمْ يَوْمٌ
الْقِيَامَةِ - (متفق عليه)
3535. Sayyiduna Ali رضى الله عنه narrated that he heard Allah's Messenger صلى الله عليه وسلم say,
"Towards the end of this age, a people will arise who will be young but foolish. They
will speak good words of the people with their tongues but faith will noi go past
their throats. (This means that their salah (prayer) will not be accepted.) They will exit
from religion (meaning, obedience to the ruler and the ulama (Scholars)) as an arrow
gets past the game. So wherever you come across them, kill them, for a reward for
killing them awaits on the day of resurrection those who kill them."2
COMMENTARY: They will speak good words of the people like the Quran. The Mishkah
has it as translated (4,JIJ) but the Masabih has that they will speak words of the good
people (من قول خير البريه) like the ahadith of Allah's Messenger صلى الله عليه وسلم . The ulama (Scholars)
say that the construction of the sentence as in the Mishkah is more correct because the
ahadith say that the Khawarij will recite the verses of the Quran and give them their own
wrong meaning to uphold their own false beliefs.
These people will get away from the obedience to the Imam (religious leader) and true
scholars instantly without learning anything from them just as an arrow shoots past
spotless. Teebi alas, said that the similitude of these people, when they enter religion and
withdraw from it, is like the arrow that strikes a game from one side and withdraws from
the other without receiving anything from its blood or flesh. They receive no influence of
religion at all. They are disobedient to the ruler and the state and they do not hesitate to
pick up arms against the people. The emerged first in the time of Sayyiduna Ali usd+, and
he annihilated most of them.
RULING OF ULAMA (SCHOLARS) ABOUT THE KHAWARIJ: Khattabi alas, said that
the ulama (Scholars) of this ummah agree that the community of the Khawarij are misled
but, in spite of that, they are one of the sects of the Muslims. Hence, intermarriage is
1 Bukhari # 2954.
2 Bukhari # 6930, Muslim # 154-1066, Abu Dawud # 4767, Musnad Ahmad 1-131.

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allowed with them, it is proper to eat animals slaughtered by them and their testimony is
acceptable. It is reported that Sayyiduna Ali us & >, was asked whether they are
disbelievers. He said, "Indeed, they have fled to us from disbelief. How then may we call
them disbelievers?" He was then asked, "Are they hypocrites?" He said, "A hypocrite
remembers Allah but a little. So, we cannot call them hypocrites too," Then he was asked,
"After all, what are they?" Sayyiduna Ali usan +, said, "They are a sect of the Muslims who
have succumbed to error and mischief. They have turned blind and dumb."
In short, the Khawarij are a sect of the Muslims. They have gone astray. Their fundamental
belief is that a person becomes an infidel not only by committing a major sin but also when
he perpetrates a minor sin.
PROPHET صلى الله عليه وسلم HAD FORETOLD THE COMING OF KHAWARIJ
(٣٥٣٦) وَعَنْ آَبِيْ سَعِيْدِنِ الْخُدْرِيِّ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَكُوْنُ أُمَّتِىْ فِرُقَتَيْنِ فَيَخْرُجُ
مِنْ بَيْنِهِمَا مَارِقَةٌ يَلِيُ قَتْلَهُمْ أَوْلَاهُمْ بِالْحُقِّ - (رواه مسلم)
صلى narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed Khudri .3536
dysleà said, "My ummah will divide (soon) into two groups. From among them
such a (third) group will arise as will secede (from obedience and truth). They
(of the two groups) who are nearest to the truth will assume the responsibility to
eliminate them."1
COMMENTARY: One of the two groups are supporters of Sayyiduna Ali s +, and the
second of Sayyiduna Mu'awiyah &+). A third emerged from them. They are called the
Khawarij. Sayyiduna Ali As an , was the nearest to the truth and he shouldred
responsibility to annihilate them and to nip their mischief in the bud.
MUSLIM KILLING A MUSLIM IS NEAR DISBELIEF
(٣٥٣٧) وَعَنُ جَرِئٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي حَجَّةِ الْوَدَاءِ لَا تَرُجِعُنَّ بَعْدِىُ كُفَّارًا
يَضْرِبُ بَعْضُكُمْ رِقَابَ بَعْضٍ- (متفق عليه)
. 3537. Sayyiduna Jareer narrated that Allah's Messenger صلى الله عليه وسلم said during the
Farewell Pilgrimage (known as Hajj (pilgrimage)atul wada), "Beware! Do not revert
to disbelief after me, "striking off each other's neck."2
COMMENTARY: Perhaps someone had asked, "How could one revert to disbelief?" So,
the prophet صلى الله عليه وسلم said, "By striking each other's necks" This crime resembles what
the disbelievers do and it takes one near to disbelief.
(٣٥٣٨) وَعَنْ آَبِيِّ بَكْرَةَ عَنِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا التَّقَى الْمُسْلِمَانِ حَمَلَ أَحَدُهُمَا عَلَى أَخِيُهِ
السَّلَاءَ فَهُمَافِْ جُرُفٍ جَهَنَّمَ فَإِذَا قَتَلَ أَحَدُهُمَا صَاحِبَهُ دَخَلَاهَا جَمِيْعَّا وَفِي رِوَايَةٍ عَنْهُ قَالَ إِذَّالْتَقَّى
الْمُسْلِمَانٍ بِسَيْفَيْهِمَا فَالْقَاتِلُ وَالْمَقْتُوُلُ فِي النَّارِ قُلْتُ هذَا الْقَاتِلُ فَمَا بَالَ الْمَقْتُوُلُ قَالَ إِنَّهِ كَانَ
1 Muslim # 151-1064, Musnad Ahmad 3-32.
2 Bukhari # 7080, Muslim # 118-65, Tirmidhi # 2193, Abu Dawud # 4686, Nasa'i # 4131, Ibn Majah #
3942, Darimi # 1921, Musnad Ahmad 4-366.

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حَرِيُصًا عَلى قَتْلِ صَاحِبه(متفق عليه)
3538. Sayyiduna Abu Bakrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"When two Muslims met and (in such a way that) one of them raises arms against
his (Muslim) brother, they both come to the border of hell. Then, if one of them kill
the other, both of them will enter it."
صلى الله عليه وسلم According to another version from him, he narrated that the Prophet
said: "When two Muslims meet one another with their swords, the killer and the
killed will go to hell." He asked, "This one is the killer (and one understands why
he goes to hell) but what causes the one killed (to go to hell)?" He said, "He too was
as keen to kill his companion1 (through he did not succeed).
COMMENTARY: The ulama (Scholars) say that both of them will be sent to hell when
neither of them is justified. If one of them is right then only the unjust will be consigned to
hell. It applies only if murder is premeditated and is not omitted in confusion.
The words, "He too was keen to kill his companion," show, as Ibn Malik us dn>, says, that
even intention to commit an unlawful thing makes one liable to reckoning. However, if one
of them had merely defended himself and did not have any intention to kill the other, then
he will not be questioned because Shari'ah (divine law) permit defensive measure.
FATE OF APOSTATES & BANDITS
(٣٥٣٩) وَعَنْ آَنَسٍ قَالَ قَدِمَ عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَفَّرْ مِنْ حُكْلٍ فَأَسْلَمُوْا فَاجْتَوَوُا الْمَدِيْنَةَ
فَأَهَرَهُمْ أَنْ يَّأْتُوُ إِبِلَ الضَّدَقَّةِ فَيَشْرَبُوْا مِنْ أَبُوَالِهَا وَاَلْبَانِهَا فَفَعَلُوْا فَصَخُوْا فَارْتَذُّوْاوَقَتَلُوْا رُعَاَهَا
وَاسْتَاقُوا الْإِبِلَ فَبَكَثَ فِيْ آثَارِ هِمْ فَأْتِ بِهِمْ فَقَطَةَ آَيْدِيَهِمُ وَأَرْجُلَهُمْ وَسَمَلَ آَعْيُنَهُمْ ثُمَّ لَمْ يَحْسِمُهُمُ حَتُى
مَاتُؤْ وَفِيْ رِوَايَةٍ فَسُمِرُوا أَعْيُنَهُمُ وَفِى رَوَايَةٍ أَمَرَبِمَسَا مِيْرَ فَأُحْمِيَتُ فَكْحَلَهُمْ بِهَا وَطَرَحَهُمْ بِالْرَّةِ
يَسْتَسْقُونَ فَمَايُسْقَوْتَ حَتّى مَاتُؤْا(متفق عليه)
3539. Sayyiduna Anas usan », narrated that some people of 'Ukl come to the prophet
Aujaplein lo and embraced Islam. The climate of Madinah did not suit them (and they
had swollen bellies and they turned pale). Therefore, he instructed them to go
(outside the city) to (the place of) the camels of sadaqah (charity) and drink from
their urine and their milk. They did that and recovered. After that they (strayed
and) apostatized and (to add to that) they killed the herdsman and drove off (with)
the camels. So (on learning of it), the Prophet صلى الله عليه وسلم sent (some) men behind
them. They were brought. He had their hands and feet severed and their eyes
blinded. Then he did not have them cauterized (to disinfect and) to stop flow of
blood (as was the custom to prevent bleeding). So, they died finally.
According to another version: Hot needles were scratched in their eyes.
According to yet another version: He ordered that needles should be heated and
they were driven in their eyes. Then he had them cast out on the harrah (a rocky
1 Bukhari # 6875, Musim # 16. 2888, Abu Dawud # 4268, Nasa'i # 4120, Ibn Majah # 3965, Musnad
Ahmad 5-41.

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land to the rest of Madinah). They asked for water but nothing of it was given to
them till they died.1
COMMENTARY: Imam Muhammad als, has concluded from this hadith that the urine is
pure of those animals whose flesh is lawful to eat. Imam Maalik alus, and Imam ahmad
antes, also say the same thing: But, Imam Abu Hanifah ales, and Imam Abu Yusuf ales,
hold that the urine of these animals is impure any way for those people, the two Imams
contend that the Prophet , Als uno was informed by revelation that the cure of their
malady by in urine of camels. So he gave that command to these people specifically.
Imam Abu Hanifah ale, said that the urine of camels is not lawful to drink at all, not even
as medicine, for, no one agrees that cure lies in urine. But, Imam Abu Yusuf ales, said that
camel's urine is lawful for medical treatment.
Ibn Maalik als, said that the Prophet As dn >, has forbidden mutilation, yet he awarded
these apostates and bandits, this kind of punishment. Perhaps they had done the same
thing to at the keepers of the camels, so the Prophet ,le ino gave them this punishment
in qisas (or retaliation). Or, their crime was great and warranted this kind of punishment,
for they had turned apostates and had killed the keepers of the camels and had plundered
the property of zakah (Annual due charity). The Imam (or ruler) has right to punish the
criminal with different punishments to keep off others and to restore peace. Hence, the
prophet صلى الله عليه وسلم had this in mind when he awarded them to punishment.
Imam Nawawi al >, said that the ulama (Scholars) have different opinions about the
significance of this hadith.
Some scholars say that the event referred to in this hadith had taken place before the verses
were revealed prescribing punishment under hudud and for bandits and robbers.
Also, the Prophet صلى الله عليه وسلم forbade mutilation after this event.
In this sense, this hadith is abrogated.
Other scholars, however, insist that this hadith is not abrogated. Rather, the verse was
revealed on this occasion that the bandits should be awarded these punishment;
they should be killed or hanged, or
one hand and one foot of theirs should be severed.
But, the prophet ,led had awarded them the punishment under qisas (or retaliation).
The same thing was done to them as they had done to the herds of the camels.
The question remains: why were these bandits not given water when they were dying?
The ulama (Scholars) say that this too was in retaliation. They too had denied water to the
keepers of the camels and had tortured them to death;
Some other scholars say that the Prophet ,led . had not forbidden them water. Rather,
the people had expressed and demonstrated their extreme hatred for these criminal and
they were they denied them water on their own.
As for the ruling, the ulama (Scholars) rule unanimously that it is wajib (obligatory) to kill
one who is awarded the death penalty. But, if he asks for water, then it should not be
denied to him.
We reproduce here a relative portion from Tirmidhi hadith # 72 (Darul Isha'at Karachi)
1 Bukhari # 1501, 6804, Muslim # 9-1671, Tirmidhi # 72, Abu Dawud # 4364, Nasai # 4031, 4032, Ibn
Majah # 2578, Musnad Ahmad 3-163.