Why does the Shafi'i Madhab permit killing all non Muslim adult males during Jihad?
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Why does the Shafi'i Madhab permit killing all non Muslim adult males during Jihad? Is it just because of their disbelief? Isn't that too cruel?
**Bidayat al-Mujtahid**
Ibn Rushd writes:
> They disagreed about the case of hermits cut off from the world, the
> blind, the chronically ill, the old who cannot fight, the idiot, and
> the peasants and serfs. ... **According to al-Shafi'fs most authentic**
> **opinion, all of these categories (of people) are to be put to death.**
>
> The Distinguished Jurist's Primer Vol. 1 p. 458 translated by Imran
> Ahsan Khan Nyazee
Ibn Rushd writes elswhere:
> The basis for their disagreement stems from the conflict of the
> specificity in some traditions with the general implication of (some
> verses of) the Qur'an, and also the generality of the authentic saying
> of the Prophet (God's peace and blessings be upon him), "I have been
> commanded to fight mankind until they say, 'There is no God but
> Allah.'" The words of the Exalted, "Then, when the sacred months have
> passed, slay the idolaters wherever ye find them", **imply the slaying**
> **of every nonbeliever** **whether or not he is a monk**, and so does the
> saying of the Prophet (God's peace and blessings be upon him), "I have
> been commanded to fight mankind until they say, 'There is no God but
> Allah'".
>
> The Distinguished Jurist's Primer Vol. 1 p. 458-459 translated by
> Imran Ahsan Khan Nyazee
**Al-Hidayah**
> A woman, minor, enfeebled old man, an invalid, and a blind man are not
> to be killed. ... **Al-Shafi'i (God bless him) goes against our opinion**
> **in the case of the enfeebled old man, the invalid, and the blind. The**
> **reason is that permitted killing in his view is based upon unbelief**
>
> Al-Hidayah Vol. 2 p. 293 translated by Imran Ahsan Khan Nyazee
**Reliance of the Traveller**
> **It is permissible to kill old men ... and monks.**
>
> Reliance of the Traveller o9.10 translated by Nuh Ha Mim Keller
**Follow Up Question**
Does this mean that not all non combatants are impermissible to kill?
Asked by Sami
(734 rep)
May 7, 2021, 05:05 PM
Last activity: Feb 19, 2023, 05:19 PM
Last activity: Feb 19, 2023, 05:19 PM