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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.149 –:– It Is Necessary To Establish The Proof Against A People By Inviting Them To Embrace Islam Before You Declare War On Them

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

It Is Necessary To Establish The Proof Against A People By Inviting Them To Embrace Islam Before You Declare War On Them

[149] From Malik that Humaid at-Tawil narrated to me from Anas Ibn Malik (Radi Allahu Anhu) that the Messenger of Allah (Sallalahu Alayhi Wa Sallam) set out for Khaibar and reached it at night. He used to not attack (immediately) if he reached the people at night, till it became the morning. So, when the day dawned (and it was the morning), the Jews came out with their bags and spades. When they saw the Prophet (Sallalahu Alayhi Wa Sallam); they said, “(It is) Muhammad (Sallalahu Alayhi Wa Sallam)! By Allah! (It is) Muhammad (Sallalahu Alayhi Wa Sallam) and his army!” The Messenger of Allah (Sallalahu Alayhi Wa Sallam) said, “Allahu-Akbar! (Allah is the Greatest) and Khaibar is ruined, for whenever we approach a nation (i.e. enemy to fight) then it will be a miserable morning for those who have been warned (about Hell and the punishment).”

[GRADING] – [SAHIH]

[REFERENCES] – [BUKHARI]
Al-Muwatta (Yahya’s narration (2/468,469 hadith no.1035, book 21, chapter 19, hadith no.48 and in it ‘lam yugiz’), at-Tamhid (2/215) and al-Istidhkar (no.972) 

Transmitted by Bukhari (no.2945) from the hadith of Malik and Humaid at-Tawil clarified hearing in Bukhari (no.2943) 

[UNDERSTANDING FROM THE HADITH]
1) It is not necessary to invite the Kuffar to Islam again during the time of war when they have already been invited to accept the religion of Islam prior to the war.  

2) It is better to prepare for the Jihadi expedition against the Kuffar during the night and attack them during the morning. 

3) It is allowed to use the Quranic ayat as an evidence when necessary to support what you have said whilst taking into consideration the Sharia limits and restrictions. 

4) It is from the sunnah to say Allahu Akbar during a very important moment however one should remember that shouting out slogans of takbir like what was is done in our era has no evidence according to my knowledge rather this is prohibited as mentioned by the marfu hadith of Abu Musa al-Ash’ari (Radi Allahu Anhu). See Sahih Bukhari no.2992 and Sahih Muslim no.2704.

5) It is allowed to start the Jihad and be the first ones to attack against those Kuffar who spend their day and night making efforts to harm the Muslims and wish that harm befalls them. 

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