Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of his Facebook Page Visitors "Fiqhi"
Answer to a Question
To Nabil Abu Al-Abd
Question:
Peace be upon you and the mercy of Allah. In our books, there is a narration regarding the ruling of Sa'd ibn Mu'adh concerning the Jews of Banu Qurayza, which involved killing their men, confiscating their property, and taking their women captive. This is despite the fact that the definitive ruling for prisoners mentioned in the Quran is either grace or ransom. Is this ruling by Sa'd considered to be in conflict with the Quranic ruling, thus necessitating the rejection of this narration, or is there another explanation?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
The answer to your question is found in a clear and concise summary in the book The Islamic Personality (Al-Shakhsiyyah Al-Islamiyyah), Volume II, in the chapter "Prisoners," where it states the following regarding the arbitration of Sa'd ibn Mu'adh (ra):
"If the Muslims take prisoners from their enemy, the matter of these prisoners is entrusted directly to the Khalifah, and not to those who captured them, nor to the commander of the battle or the leader of the army. This is because once a combatant becomes a prisoner, the matter rests with the opinion of the Khalifah, and the Khalifah follows the Shari'ah ruling regarding prisoners. The established ruling for prisoners by the definitive text of the Quran is that the Khalifah is given the choice between showing grace to them or allowing them to be ransomed. Thus, the ruling for prisoners is grace (mann) or ransom (fida’), due to the saying of the Almighty:
فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنّاً بَعْدُ وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا
'So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens.' (QS. Muhammad [47]: 4)
This is explicit regarding the ruling on prisoners...
All of this is explicit in that the Khalifah has a choice regarding prisoners between two matters only, and nothing else: either grace or ransom. As for what was narrated that the Prophet (saw) killed the men of Banu Qurayza, that was based on the ruling of the arbitrator in an arbitration (tahkeem), not on the basis that they were prisoners of war...
The ruling for prisoners remains the Khalifah's choice between grace and ransom and nothing else. This ruling remains until the Day of Resurrection; if the Islamic State fights its enemies, it treats prisoners with the choice between grace and ransom..." (End quote).
The established ruling for prisoners in the Quran is grace or ransom:
فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنّاً بَعْدُ وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا
"So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens." (QS. Muhammad [47]: 4)
This is a clear and manifest ruling... but it is the ruling for combatants whom the Muslims capture, i.e., those taken as prisoners by the Muslims.
As for what happened with Banu Qurayza, it does not fall under this category, i.e., it is not a matter of prisoners. Rather, what happened was that when the Prophet (saw) besieged Banu Qurayza to fight them, they surrendered to the judgment of the Prophet (saw) regarding them—meaning they agreed to surrender to the Prophet (saw) without fighting on the condition that Sa'd ibn Mu'adh (ra) would judge them. Al-Bukhari narrated from Abu Sa'id al-Khudri (ra), who said: When Banu Qurayza surrendered to the judgment of Sa'd (ibn Mu'adh), the Messenger of Allah (saw) sent for him, and he was nearby. He came on a donkey, and when he approached, the Messenger of Allah (saw) said:
قُومُوا إِلَى سَيِّدِكُمْ
"Stand up for your chief."
He came and sat next to the Messenger of Allah (saw), who said to him:
إِنَّ هَؤُلَاءِ نَزَلُوا عَلَى حُكْمِكَ
"These people have surrendered to your judgment."
He (Sa'd) said: "Then I judge that the fighting men should be killed and the offspring be taken as captives." He (the Prophet) said:
لَقَدْ حَكَمْتَ فِيهِمْ بِحُكْمِ الْمَلِكِ
"You have judged among them with the judgment of the King (Allah)."
Al-Bukhari also narrated in his Sahih from Aisha (ra), who said: Sa'd was wounded on the Day of the Trench; a man from Quraish called Hibban ibn al-Ariqah shot him... The Prophet (saw) set up a tent in the Mosque so he could visit him from nearby. When the Messenger of Allah (saw) returned from the Trench, he put down his weapons and washed. Then Jibril (as) came to him while shaking dust from his head and said: "You have put down your weapons? By Allah, I have not put them down. Go out to them." The Prophet (saw) asked: "Where?" He pointed to Banu Qurayza. So the Messenger of Allah (saw) went to them, and they surrendered to his judgment. He then referred the judgment to Sa'd. He (Sa'd) said:
فَإِنِّي أَحْكُمُ فِيهِمْ أَنْ تُقْتَلَ الْمُقَاتِلَةُ وَأَنْ تُسْبَى النِّسَاءُ وَالذُّرِّيَّةُ وَأَنْ تُقْسَمَ أَمْوَالُهُمْ
"I judge that the fighting men should be killed, the women and offspring be taken as captives, and their property be divided."
These ahadith clarify that the Muslims did not take Banu Qurayza as prisoners; therefore, the ruling for prisoners does not apply to them. The ahadith also clarify that they surrendered to the judgment of Sa'd ibn Mu'adh (ra)—or to the judgment of the Prophet (saw) and then to Sa'd—meaning they surrendered to the ruling of an arbitrator (muhakkam). Thus, he judged regarding them that the combatants be killed, the women and offspring be taken captive, and the property be divided... and this judgment from Sa'd (ra) was in accordance with the judgment of Allah (swt) regarding them.
Accordingly, there is no contradiction between this incident and the ruling for prisoners established by the text of the Holy Quran, because each of these two issues belongs to a different legal category. There is no need to reject the noble Prophetic ahadith based on understanding (dirayah), as there is no conflict between them and the Holy Quran.
I hope the matter has become clear.
Your brother, Ata Bin Khalil Abu Al-Rashtah
03 Rabi’ al-Awwal 1441 AH Corresponding to 31/10/2019 CE
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