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Some of the comments and requests for information we have received via email from different US government intelligence agencies"

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__________________________________________________________________________________________

On April 9, 2003, the following was submitted to a supervisor at Diplomatic Security in Washington, DC. John Ashcroft confirmed it as credible information, as is indicated in the accompanying Fox News article.

A letter

The weapons of mass destruction use judgement

Against the unbelievers

He wrote him:

Nasser Bn Hamad the jaguar

3	A front
5	The first study : Important fronts :
5	The first front : that the prohibition to the Allah a glory be to no to an except from the mankind :
6	The second front : that and the origin of the murder the benevolence :
8	The third front : the dispersion between able on him and not able on him :
9	The second study : The proofs on the weapons of mass destruction use permissibility :
10	The first proof : the texts that indicate the polytheists premeditation permissibility and if their offsprings were afflicted :
12	The second proof : the texts that indicate the permissibility of the burning of the countries of the enemy :
14	The third proof : the texts that indicate the enemies giving permissibility by the catapult and her direction of what the death by him spreads :
15	The third study : The scientists talk in this chapter :
16	A first : from the Hanafiyyah talk :
17	A second : from the Malki talk :
18	A third : from the Shafii talk :
19	A fourth : from the Hanbali talk :
20	A fifth : from the external talk :
20	A sixth : from except talk from the diligent :
22	The fourth study : Suspicions and answers :
22	The first suspicion : the women murder prohibition and the boys :
23	The second suspicion : the spoilage prohibition in the land :
24	The third suspicion : that these weapons will kill a department from the Moslem :

The praise to the Allah، and the prayer and the greeting on the God's Messenger، and after :

One of of the honorable brothers have asked me a – the Allah guided him – Of whom he writes in the network and have symbolized himself him in the name of ( a brother who the Allah Taa ) about the weapons of mass destruction use judgement ، And about what the question text with the answer follows :

He does not become obscure what published he in mass media about the rule intention hit America by the weapons of mass destruction، and since what he is named the weapons of mass destruction، from the modern age disasters،، and did not find who spoke about her from the contemporaries :

He led to the necessity ؟ the enemy evil does not dash except by her، or fears that he uses her if the fighters to his hitting by her did not precede ؟ . And do she is opponent to the man aim from the land building or no ؟ .

And do she is inside in his saying he was above : ( so that he spoils in her and destroys the plants and the descendant ) ؟ . Or that the verse adjacent on his action with no right as the verses that came in the murder disparagement and direction ؟ .

Then this problem that mentioned - you the honorable sir - a problem She deserves a complete letter ؛ in her the proofs and the scientists opinions collect، and a liberation in her the sayings in problems : the enemy's country، and ways incitement an Alsael، and the payment struggle، and the plants destruction meaning and the descendant a sharia، and except that، and may me as a whole in that what became easy if the Allah wants, he is above .

And know - a brother The cream - that a speech ( the weapons of mass destruction ) not an editor، then they mean by her the nuclear weapons or the chemical or biological one without an except، then if he used one of a thing from these weapons then a murder thousand of the people they launched on him the accusations and the medias war and that he used weapons ( a forbidden international )، and if he used bombs with severe explosion she weighs the unity from her ( 7 ton ) then a murder because of her three thousands or more was use the weapons permitted by her and international ...

And it is known that the influence of group kilos from that Ti he is considered the comprehensive destruction if she combined him with the catapult stone influence a previous ...And a bomb from an Alar by me is Gi or the mortar he is considered the comprehensive destruction if she combined him with the arrows throwing a previous ... And it is known that the unbelievers in our time this they made these weapons named by the weapons of mass destruction ( deterrence weapons ) to frightening except ...And what is America threat to Iraq about us by a distant by the use of these weapons if Iraq attacked Israel ... Then what is the one that permits her to America and the unbelievers and prohibits her on the Moslem ؟ ... And if that Moslem group attacked on the soul or the display and did not dash except by all her individuals murder then he their murder becomes permissible as the scientists mentioned him in incitement doors an Alsael ... Then how is by the unbeliever an Alsael on the religion and the soul and the display and the mind and the motherland ؟ ...

Then if the unbelievers about the Moslem did not dash except by the use of such weapons a gas her use until if she killed them all of them them and destroyed their plowing and their descendant ...

And and all this for him an origin in the Sunna and the jihad talks and the scientists opinions the Allah had mercy upon them ...

And will mention the proofs an explanation on that in the above-mentioned letter if the Allah wants, he is above ...

And the Allah was above a more knowledgeable ..." The question ended with the answer .

And have collected this brief letter in this problem، where I will speak about the judgement of these weapons use through four studies :

The second study : In the proofs mention on the permissibility of these weapons use :

I ask the Allah a glory be to that he benefits by what collected him،، and that he makes him pure for Allah's sake، and the Allah blesst our Prophet Mohammad .

And will remind here three summarising presenters she as the entry to this letter :

That the prohibition to the Allah a glory be to no to an except from the mankind

He said that was above ( and no you say to what your tongues describe the lying a this a lawfulness and a this are a prohibition so that you fabricate on the Allah the lying verily that fabricate on the Allah the lying they do not succeed ) ( the bees : 116 ) :

Says Ibn Katheer the Allah had mercy upon him he was above ( 2 / 591 ) : " forbade the Allah was above and about the polytheists way penetration that analyzed prohibited the moment they described him and agreed on him from the names by their opinions from : the lake، and the loose، a Walosila، and the raw material، and except that of what was a sharia for them they created him in their paganism " an ah .

I said : and from that what in the unbelievers sharia today like their saying about the thing : forbidden and international، or opponent to the international legitimacy، or the international law prevents him، or a trespasser to human rights charter، or to Geneva charter،، and towards that،، and from him the subject of this letter is where they say about her : the internationally banned weapons !.

And all these terms no value for her in the sharia ؛ because the Allah a glory be to is monopolizing by the judgement and by the legislation as he said that was above ( the judgement except he to the Allah ordered not to you worship except he would never ) ( Yousef : from the verse 40 )، and he said that was above ( or for them partners started for them from the religion what not permits by ِهِ him the Allah ) ( the consultation : from the verse 21 )، and he said that was above ( so for him the creatures and the matter ) ( to traditions : from the verse 54 ) .

Then if this was decided knew I that their saying ( the internationally banned weapons ) no value for him، and considers the judgement of these weapons in the holy koran and the Sunna and the scientists opinions from the Moslem، and want that I caution here to two matters :

The first matter : that their saying ( the weapons of mass destruction ) they mean by her the nuclear weapons and the bacterial and chemical one، then that any use is to a thing from these weapons then he a violation to the international law، then if that a country did by another hitting by the bombs tons ( the traditional ) then killed from her tens thousands then this is an use to permissible weapons international، and if that another used a slight thing of what he is named the weapons of mass destruction and except several hundreds did not kill and this was an use to internationally banned weapons، then appeared by this that they do not want by these terms protection the mankind as claim، but want selves protection and the monopolization of such weapons proof ( her prohibition is international ) .

The second matter : that the one who declaim with the weapons of mass destruction spread fighting as America and Britain are first who used these weapons، then Britain she used the chemical weapon against the Iraqi for the First World War، and America used the nuclear weapon against Japan for the Second World War، as that their arsenal is a – with the Jewish a – full by these weapons ! .

He has been proved in the right about Shadad Bn Aws that the Allah accepted him that said : the God's Messenger peace be upon him said : " the Allah preordained the benevolence to everything ؛ then if you killed then perfect you the killers، and if you were slaughtered then perfect you the angina، and to he sharpens ones blade him and to he relieves his killed " .

The nuclear said that the Allah had mercy upon him ( Muslim ’s explanation is 13 / 107 ) : " and his saying is peace be upon him : " then perfected the killers " : a general in each casualty from the killed and the murder a punishment he satisfied a limit is and towards that، and this Hadith from the Hadith collector to the Islam rules " .

And a saying is Ibn Rajab the Allah had mercy upon him ( the sciences mosque and the judgement ) ص are 152 : " and the perfection in murder is what his murder becomes permissible from the people and the animals killing himself on the fastest faces and her easier and delayed her from not an increase in the torture then he is hurting no need to him ... And simplify kinds killed the human his hitting by the sword on the neck ؛ said the Allah was above - in the concern of the unbelievers – : ( then if you who disbelieved met then the necks decapitation )، and said : ( I will scare in hearts that disbelieved the terror then you decapitate over the necks and hit from them all بنان ) " .

And have was proved about the Prophet peace be upon him that he was if he sent a brigade that said for them : " you do not act، and do not kill a baby "، and Abu Daoud and Wabn Magah from Ibn Masoud ’s Hadith narrated that the Allah about him accepted that the Prophet is peace be upon him that said : " chaster people killers the belief people "، and narrated the البخاري from the Hadith of son Abdullah Yazid accepted the Allah about him that the Prophet is peace be upon him : " he forbade from an Almthla "، and the Hadith in that a many، and all she indicates that the origin is the perfection in a murder who his murder becomes permissible and non the extravagance in that .

Except that this origin is for him exceptions، and from these exceptions a subject the third front :

Then from the stable rules in the sharia the dispersion between able on him and not able on him، and guides his on him saying was above ( then avoid the Allah what managed )، and this is steady in the sharia doors all ؛ an all the same in the worships doors or the transactions doors، and he has been proved in the right about Ubay Huraira that the Allah accepted him that the Prophet is peace be upon him he said : " if I ordered you to an order then they did from him what managed "، the nuclear said that the Allah had mercy upon him on this Hadith ( the authentic hadith of Moslem explanation is 9 / 102 ) : " this from the important Islam rules، and from the comprehensiveness of word that give her peace be upon him،، and enters into her what no counts from the judgements ؛ as the prayer by her kinds then if he fails in some of her corners or some of her conditions, he brings with the remainder، and if he failed in some ablution members or the washing a washing possible ..." an ah .

And the scientists from these texts and her direction has deduced a rule ( no duty with the inability، and no Muharram with the necessity ) .

And what is meant by this rule is here that what ought is in the jihad doors but is the ability according to، as for if he gathered that is able on him then he falls، as an except from the doors :

1- Then the perfection in the murder but is the ability state، as for if he gathered that the fighters on that like their compulsion to their bombardment and their destruction or a Thriqhm or their overflow estimate and towards that then he becomes permissible .

2- And and in addition the women murder avoidance and the boys but is in case the mastery from their discrimination، as for if he gathered that are able on that as the unbelievers premeditation state or the invasion on them and towards that then he their murder becomes permissible according to the fighters .

3- And and in addition the Moslem murder forbidden he does not become permissible، and but if the fighters forced to he killed him the ability lack on the unbelievers payment، or their struggle، except by that a gas، as Alttrs problem and her direction .

And so in the jihad problems all، and a lot demonstration will come if the Allah wanted in the next studies

She mentioned in the previous study that and the origin is the perfection is in the murder، and through that the unbelievers murder، and this no he is except at the ability on that،، the unbelievers may be in case that can not with him resist and incite about the Islamic countries and he restrains their evil from the Moslem that the experts except by that they bombard by the so-called weapons of mass destruction somehow decides him and the jihad ؛ then if the influential people from the fighters saw that the unbelievers evil do not dash except by her a gas her use، and the weapons of mass destruction will kill all who falls upon him a from the unbelievers all the same was from the fighters، or from the women and the boys،، and will do destruction and the land burning، and the proofs on a permissibility that is in this state a many، and she on two sections :

The first department : proofs a specially to an appointed age and to an appointed running : and that like America state in this time ؛ then the problem of her hitting is by these weapons possible without mentioning the next second section proofs ( the proofs of the general legality ) ؛ because the Allah a glory be to he says ( and if you punished then you punish by a like what you were punished by him )، and he says that was above ( then who attacked you then attack on him by a like what attacked you )، and he says that was above ( and a requital a sin a sin a like her )، and musing in America attacks on the Moslem and their lands during the past decades reaches a permissibility that by the reliance to a sort ( the same treatment ) only ؛ without a need to the mention of the other proofs،، and some of the brothers have collected number of their casualties from the Moslem by their direct weapons and not direct then the number arrived to near from ten millions، and as for the lands that their bombs and their explosives and their rockets burned jasmines except the Allah counts her،! .

The second section : proofs general to the legality of this work a released if the jihad for Allah cause required him : and she the texts that indicate permissibility the use of such weapons if the jihad people saw the advantage in her use، and the proofs on that a many and will أذكر from her three :

The texts that indicate the polytheists premeditation permissibility and if their offsprings were afflicted :

And from her what the Allah in the two Al-Sahihain about Alsab Bn Gthama accepted him is that the Prophet is peace be upon him He is asked about the household they become from the polytheists then afflicts from their women and their offsprings ؟ then said : " they from them " .

And what the Allah in the two rights from HATEM ’s Hadith accepted them : " that the Prophet peace be upon him raided Almstlq ’s sons and Gharon ’s they in their blessings then the fighter murder and captured the offspring " .

And from her : what Ahmad and Wabo Daoud from Salma Bn Alakoa ’s talk narrated said : " he appointed as prince the God's Messenger peace be upon him on us Aba Bakr that the Allah accepted him then we invaded a people from the polytheists then we took in them that kill them، and our slogan was that night : I killed، I killed، he said that greeted : then killed by my hand that night seven family of verses from the polytheists "

And have was proved with that that the Prophet peace be upon him forbade from the women murder and the boys

And but if she combined these Hadith appeared for you that illicit about him is their intention by the murder، as for if their murder was according as the spending the night state and the invasion and at non the mastery from their discrimination then no harm by that، then jasmines he interrupts the struggle for the sake of women existence and the unbelievers boys .

And have indexed Al-Baihaqi the Allah had mercy upon him in ( the greatest Sunna are 9 / 78 ) on the difficult talk by his saying : ( the women murder door and the boys in the premeditation and the raid from not an intention and what came in the premeditation toleration )And mentioned in him this talk then saying was transferred the الشافعي the Allah had mercy upon him : " and the meaning of his prohibition at - God knows best - about the women murder and the babies that he means their intention by a murder and they they know distinguished of whom he ordered by his murder from them، he said : and the meaning of his saying " they from them " that they collect two characteristics : to he for them governed the belief that prevents the blood، and no the belief house rule that prevents the raid on the house " .

And Al-Emam Ahmed has said as in ( the singer is 9 / 230 ) : " no harm by the spending the night the Roman invasion appeared except the spending the night, said : and do not know one hatred the enemy spending the night " an ah .

And have mentioned Al-Tahaawi the Allah had mercy upon him the monuments that in the prohibition about the women murder and the boys he mentioned Alsab Bn Gthama ’s talk in the premeditation then he said ( the effects meanings explanation is 3 / 222 ) : " then a film to what the God's Messenger forbids peace be upon him about the raid and they have been afflicting in her the babies and the women who prohibit the intention to their murder that that indicated that what permitted is in these prints to a meaning not the meaning that for the sake of him a prohibition what is a prohibition in the first monuments، and that what prohibited in the first monuments he is the intention to the women murder and the babies، and the one that permitted he the intention to the atheists and if he in that decayed except of whom he does not take the intention to his damage until these compositions reported about the God's Messenger are correct peace be upon him And no Ttdad، and the God's Messenger has ordered peace be upon him by the raid on the enemy، and am jealous of on the other in prints number ؛ we have mentioned her in the invocation door before the fighting، and did not prevent him from that what surrounds him knew we that he have was knows that he no is secure from the babies damage and the women in that،، and but he permitted that for them ؛ because their intention was to not she rolls them، then this suits the meaning that mentioned of what in the difficult talk،، ...، then also the enemy he has dedicated for their fighting، and prohibited on us the murder of their women and their babies، then a prohibition on us the intention to what forbade from him from that، and solver for the intention to what permitted for and if he was in him a damage that have not prohibit on us from except، and no guarantee on us " an ah .

Then if the fighters decide that the unbelievers evil do not dash except a Btbiithm is by the weapons of mass destruction a gas her use and if she destroyed them an all .

The texts that indicate the permissibility of the burning of the countries of the enemy، and from her :

What the Allah in the two Al-Sahihain about HATEM accepted them said : " the God's Messenger burned peace be upon him the palms of the radiant sons and pieces "، his saying وفي ذلك descended that was above ( what cut is from a soft or left her a standing on her origins then by the Allah permission )، and have come in some of the novels at the two sheikhs that the name of the burnt land ( Alboira ) Hassan Bn Thabet and in her says that accepted the Allah about him :

Then Han on his secrets are a sons Lu'ay * * * a fire is in Alboira a widespread

And from her : what narrated him Ahmad and Wabo Daoud and Wabn Magah from Osama Bn Zaid ’s Hadith the Allah accepted him that the Prophet peace be upon him sent him to a land continues he for her built a – and said : a – is built then said : come her a morning then a burning، and in his support looked

And the first talk from the origins that indicated the burning permissibility in the enemy land، and have indexed the البخاري the Allah had mercy upon him on this Hadith by his saying ( the floor burning door and the palms )، and indexed a general who took out him of the scholars of the Hadith on him by a نحو this، And said Al-Termezi the Allah after his narration to this talk had mercy upon him : " and this is a right Hadith، and a folk from the scientists has gone to this ؛ and did not see a poverty by the trees cutting and the fortresses sabotage، and his attack some that and he are Al-Awzaahi ’s saying ؛ Al-Awzaahi said : and Noha Abu Bakr Al-Siddiq bestows that he cuts fruitful trees or ruins a full، and complied by those Moslem by his counting ، And a saying the Shafii : no harm by the burning in the enemy land and the trees cutting and the fruits، and Ahmad said : and she may be in places that do not find from him an escape as for by the misuse then jasmines he longed، and said Isaac : the burning is a year if he was worse in them " an ah .

And said that the Al-Hafez the Allah in his talk on HATEM ’s Hadith had mercy upon him ( Fath Albari is 6 / 155 ) :

" and the crowd has followed the burning permissibility and the sabotage in the enemy countries، and a hatred him Al-Awzaahi and the lion and Abu Thor ؛ and resorted to Ubay Bakr ’s advice to his armies that they do not do a thing from that، and Al-Taabari answered that the prohibition is adjacent on the intention to that، by a variation what if they afflicted that within the fighting as involved in the catapult setting on the touring، and he towards what answered him in the prohibition about the women murder and the boys، and by this he believed more scientists، and towards that murder a Baltghriq، and said an except : but Noha Abu Bakr are his armies about that is because him he knew that those countries will open then he wanted her preservation on the Moslem، God knows best " an ah .

And a saying the material the Allah had mercy upon him ( the continental mayor is 14 / 270 ) :

" HATEM ’s Hadith is guide on that that they to the Moslem deceive their enemy from the polytheists by all what is in him the stressing of their thorn، and the weakening of their spite، and the arrival facilitation to the victory they ؛ from pieces their fruits،، the Wtghoir of their waters، and the bothering on them by the blockade، and of whom those Kufi and your money and the Shafii one and Ahmad and Isaac and the revolutionary one and the denominator son permitted، and the Kufi said : he burns their trees، and ruins their countries، and slaughters the cattle a Wtarqb if her direction did not become possible " an ah .

And this Hadith is apparent in the indication on the permissibility of the burning of the countries of the enemy if the fighting requires that .

The texts that indicate the enemies giving permissibility by the catapult and her direction of what the death by him spreads ؛ and from her :

What narrated him Abu Daoud in the المراسيل and others him a sender that the Prophet is peace be upon him an accusative on the touring people the catapult

And what Al-Baihaqi and an except narrated is that Amro Bn Al-Ass accepted the Allah is about him the catapult setting on Alexandria people .

And what narrated him Al-Baihaqi an also about Yazid Bn Ubay Habib the Allah had mercy upon him - in Fatah Khisarya - he said : then were pelting her in every day by sixty catapult،، and that in Omar ibn-Al-Khattab ’s time accepted the Allah about him .

And the Moslem matter in their مغازيهم on this happened، then Said Bn Mansour about Safwan Bn Amro narrated : that Gnada is a coffee bean he refused Alazdi ’s illiteracy and Wabd Allah son Qays Alfzari and two except from the sea governors and from by their counting a – and during the lifetime of Mu'awiyah accepted the Allah about him a – was pelting the enemy from the Roman and except with the gunpowder، and burn them، these to these، and these to these، : the Moslem matter still on that said .

And Said Bn Mansour narrated about Alqma a also that they are an invasion during the lifetime of Mu'awiyah and were pelting the catapult in their invasion .

And the scientists has agreed on the enemy throwing permissibility by the catapult and direction in the sentence .

And it is known that the catapult stone he does not distinguish between the women and the offspring and except، and also him he destroys what comes on him from a construction or an except .

Then guided this on that the origin of the destruction of the countries of the unbelievers and their murder - if the jihad required him and the influential people from the fighters saw him - a project ؛ then the Moslem were hitting those countries by the catapults until an opening، and not comes about them that they restrained a fear from the unbelievers extirpation، or their countries 's destruction fear، and the Allah he was above a more knowledgeable .

I will mention in this study a sentence from the scientists sayings on their difference of doctrines she indicates the permissibility of the burning of the countries of the enemy and the destruction of their houses if the jihad requires that، and want that I caution matters before the mention of these sayings :

A first : the talk of the above-mentioned scientists is in this chapter but he in ( the demand struggle )، and it is known that what his permissibility in the demand struggle was proved then he steadies in ( the payment struggle ) with all the more reason ؛ because the payment struggle was confirmed and the greatest necessity without a disagreement between the scientists .

A second : the scientists talk on their difference of doctrines indicates a frank indication that the defeatism came with this age، and that the Islamic Sharia is from her an innocent، and that the Islam scientists are innocent from her ؛ then you do not find in their expressions any attempt to the unbelievers love gain، or to the compromise between the Islamic Sharia and what human rights name their claim، or the talk about ( the nations fond to the peace )، then look at their sayings ( no harm by the polytheists fortresses burning by the fire )، ( or a Tghriqha by the water )، ( or the poisoning of their waters )، ( or the sabotage of their houses and her destruction )، and not these ferries that by her the defeatists choke .

A third : that this talk of scientists was in the weapons of mass destruction Tgoiz that in their age and that kills the unbelievers with their offsprings،، but Al-Siouty ’s text from the Shafiism on that by his saying : " fraud W is on them the catapult ) Al-Baihaqi and Qays narrated him by him what in his meaning of what the destruction spreads by him " an ah and this expression plenty of the Shafiism scientists approved her as will come if the Allah wanted، Ibn Hagar Alhitmi and also said : " and their murder by what spreads " an ah and this as if he is a text in our problem .

A fourth : that the scientists talk here an also guide on permissibility the so-called the bacterial weapons ؛ then from them from a text on the unbelievers throwing permissibility by the adders and the scorpions،، and on their waters 's poisoning permissibility

A fifth : that the scientists agreed in the sentence on what happened before، and but a Fd disagrees on some of the details ؛ they and and however if we disagreed on some that then but this at the capacity is in the demand struggle، as for if that necessity of jihad required فلا ينبغي to is there is a disagreement .

1-Al-Sarkhasi said a narration about Mohammad Bn Al-Hassan ( the explanation of the big thong is 4 / 1467 ) :

" he said : and no harm to the Moslem that they burn the polytheists fortresses by the fire، or sink her by the water، and that they swindle her the catapults, and that they cut off about them the water, and that they make in their water the blood and the virginity and the poison is until they spoil him them، we to that we ordered their defeat and the breakage of their thorn ; and all what mentioned is from the wars arrangement of what by him the breakage of their thorn happens then was attributable to the obedience, no to the sheriff disagreement then in this all harming is from the enemy and he the reward acquisition cause, said the Allah was above : ( and do not affect an enemy an attainment except for them by him a good deed preordained )، and a thing does not become impossible from that what he is to the Moslem in them from prisoners,, or entrusting, junior or seniors، or women or men، and if we knew that ؛ because he he no way to the caution about their injury with the order obedience by the polytheists defeat, and what no

" and no harm by his sending the water to the war people city، and their burning by the fire، and their throwing by the catapult، and if in them children or a people were from the Moslem prisoners or merchants " an ah .

" no harm by the burning of their fortresses by the fire and her overflow by the water and her sabotage and her destruction on them and the catapult fraud on her ; he to his saying was glorified and was above ( they ruin their houses by their hands and the believers hands )، and because all that is as a matter of the fighting ; to to what in him from the enemy defeat and their suppression and their rage and because the moneys sanctity is to the sanctity of her masters and no sanctity for themselves until they kill,, then adapted is to their moneys ؟ " an ah .

" ( then if they refuse, they use them by the Allah he was above ) : because he is supporter to his sheikhs and destructive to his enemies،، his saying is the – of any Almatn – ( and swindled them the catapults ) : Oh they set her on their fortresses and destroy her، as a setting her the Prophet peace be upon him on the touring people، his opinion ( and burned them ) : because ( the Prophet is peace be upon him he burned Alboira ) and he is the city nearness place in him palms، his saying ( they dispatched to them the water and cut their trees and spoiled their implantation ) : because in that the breakage of their thorn and a dispersion an addition them and have was perfect that ( the Prophet is peace be upon him he besieged the radiant sons and ordered the cutting of their palms and besieged the touring people and order by cutting Kromhm ) . His saying ( and no harm by their throwing and if

he was in them prisoner Moslem or a merchant ) : he means that a Balnshab and the stones and the catapult pelts them ؛ because in the throwing protection the general harm a Balthb about the Muslims and the merchant murder and the prisoner is a harm related " an ah .

" She disagreed the people in the enemy house sabotage and her burning and pieces her fruits on opinions

The second : if the Moslem know that that is for them, they did not do, and if they lose hope then a loftiness ; he said him Malik about the clear and on him that equals the Shafiism and the first right . The God's Messenger peace be upon him has known that the palms of the radiant sons are for him, but he cut and burned so that that is a vexation for them and a weakness in them, until they take out about her then some money damaging to the honesty of his remaining a possible department a sharia intentional a mind " an ah .

" a problem : and the enemy by each kind fights، and by the fire if he was not an except and feared from them,, then if he did not lighten then sayings، a problem : he did not disagree on the throwing of their boats by the catapult، and also their fortresses, and if was in them Moslem " an ah .

" ( by cutting water and a machine ) HATEM : no harm is that their fortresses are pelted with the catapult، and he is cut about them Almir and the water and if was in them Moslem or an offspring، and said him Ashhab . He said in the code : and no harm by the burning of their villages and their fortresses، a Wtghriqha by the water، and her site of ruins، and pieces fruitful trees، and an except ؛ he to his saying was above : ( and do not tread a foothold ) . ( he has cut peace be upon him the palms of the radiant sons and burn her ) " an ah .

" the enemy fighting becomes permissible if they did not answer to what they were called for him by all kinds of the war ؛ then the water disconnection becomes permissible about so that they die by the thirst them or he dispatches on them so that they die by the sinking according to the common،، or kill by the machine : as hitting by the sword،، and stabbing by the spear، and throwing by the catapult، and what resembled that from the wars machine " an ah .

" and if the enemy in a mountain or a fortress or a trench or by your feeling became immune or by what becomes immune by him : then no harm that they pelt the catapults، a Walaradat، and the fires، and the scorpions، and the adders، and all what force him، and that a Ybthqoa is on them the water so that they sink them،، or postpone them in him، and whether being with them the children and the women and the monks or not are they ؛ because the house is not forbidden by an Islam and no vow،، and also no harm that they burn their fruitful trees، and not fruitful، and ruin an Aamrhm، and all what is no soul in him from their moneys " an ah .

" and the crowd has followed the burning permissibility and the sabotage in the enemy countries، and a hatred him Al-Awzaahi and the lion and Abu Thor، and resorted to Ubay Bakr ’s advice to his armies that they do not do a thing from that، and Al-Taabari answered that the prohibition is adjacent on the intention to that by a variation what if they afflicted that within the fighting as involved in the catapult setting on the touring، and he towards what answered him in the prohibition about the women murder and the boys، and by this he believed more scientists، and towards that murder a Baltghriq، and said an except : but Noha Abu Bakr are his armies about that is because him he knew that those countries will open then he wanted her preservation on the Moslem، God knows best " an ah .

" ( and the unbelievers blockade in the countries and the castles becomes permissible ) and an except، ( and the water sending on them ) and his cutting about them، ( and their throwing by a gunpowder and a catapult ) and others them، and if he was in them women and boys، and if we estimated on them without that as said him Albndnigi and if said Al-Zarkashi apparent is his variation ؛ and that to his saying was above ( you take them and count them ) ; and because he he ( peace be upon him the count of the touring people and pelted them with the catapult ) Al-Baihaqi and an except narrated him ... ( and if he was in them a Moslem ) an one then more . ( a prisoner or a merchant he became permissible that ) any Ihsarhm and their murder by what spreads، a Wtbiithm in a negligence، and if a science killed the Moslem by that but his protection ought what became possible . ( on the ideology ) not to they interrupt the jihad on us by Moslem imprisonment at، blessings he hates that where not forces to him،، as if the conquest did not happen except by him a caution from the Moslem harming what enabled is a like in that non Moslem and no guarantee here in his murder ; because the imposition is that he did not know eye " an ah .

4- And a saying is Al-Siouty in ( the noblest demands are 4 / 191 ) a – and arrive the talk to Zakariya Al-Ansari An :

" ( a W becomes permissible ( their damaging by the water and the fire ) he said that was above ( you take them and count them ) ، A W besieged peace be upon him the touring people ) the two sheikhs narrated him، fraud W is on them the catapult ) he narrated him Al-Baihaqi، and Qays by him what in his meaning of what the destruction spreads by him " an ah .

" a problem : a – said that Alkhrqi An means : ( and if the enemy was fought, they are not burned by the fire ) : as for the enemy if he was able on him, فلا يجوز a Thriqh by the fire, except a variation we know him، and have accepted the Allah about him orders the apostasy people burning by the fire، and an action that is Khaled Bn Al-Walid by his matter, as for today then no know in him between the people a disagreement ... Then as for their throwing toward their taking by the gunpowder then your mother is their taking her below, their throwing by her did not become permissible ; that they in a meaning able on him, as for at the inability about them by an except then a possible is, in a saying with more scientists، he and by him believed the revolutionary and Al-Awzaahi and the Shafii ... And also the rule in Fatah an Albthoq on them, so that he sinks them, if he is decreed for them his except, did not become permissible, if that included the women damaging and the offspring, the one who deprive their damaging an intention, and if he did not be able on them except by him, a gas, it is also permissible the spending the night including to that . And the catapult setting becomes permissible on them . And apparently Ahmad his passport with the need and her lack " an ah .

" ( and so their throwing becomes permissible ) any : the unbelievers ( by the fire and the adders and the scorpions in the catapults scales and their smoking in Almtamir becomes permissible and he opened the water to their sinking and he opened their fortresses a Waamrhm ) any : her destruction is on them ; because he is in the premeditation meaning ( then if he is decreed for them a Thriqhm did not become permissible ) to a talk ( the Allah preordained the benevolence to everything, then if you killed then perfect you the killers, and if you were slaughtered then perfect you the angina )، and to his saying peace be upon him ( then he he is not tortured by the fire except the fire Allah ) he narrated him Abu Daoud and Abu Bakr was ordering to the apostasy people burning by the two gunpowder and his action Khaled Bn Al-Walid by his matter " an ah .

" ( a W becomes permissible ( their throwing ) any of the unbelievers ( by a catapult ) a text . Because he is peace be upon him ( he set the catapult on the touring ) he narrated him Al-Termezi a sent، and wreak him Amro Bn Al-Ass on Alexandria, and apparently Ahmad a permissibility with the need and her lack . ( a W their throwing becomes permissible ( he by a fire, a W becomes permissible ( pieces I will wet him ) any way، ( a W pieces ( a water ) about them،، ( and his opening is so that he sinks them, a W becomes permissible ( destruction an Aamrhm )، and an inclusion is a damaging is, towards women and boys ; because he is in the premeditation meaning " an ah .

" ( a W becomes permissible ( their throwing by a catapult ) a text ( because he peace be upon him set the catapult on the touring ) he narrated him Al-Termezi a sent . And wreak him Amro Bn Al-Ass on Alexandria, and apparently Ahmad his permissibility with the need and an except ( a W their throwing becomes permissible by ( a fire is and by scorpions نحو ) ؛ as snakes ( and their smoking is a Bmtamr ) and she is an Alhfira in earth, said him in " the dictionary "، ( a W becomes permissible ( pieces I will wet him ), any : their way about them, ( a W pieces ( a water ) about them ( and his opening is so that he sinks them, a W and becomes permissible ( destruction an Aamrhm ) and an inclusion is a damaging is towards women and boys if he did not mean them, because he is in the premeditation meaning " an ah .

" a possible is the polytheists trees burning and their foods and their implantation، and their role and her destruction, said the Allah was above : ( what cut is from a soft or left her a standing on her origins then by the Allah permission and so that he disgraces the sinful )، and he said that was above : ( they do not tread a foothold that teases the unbelievers and do not affect an enemy an attainment except for them by him a good deed preordained )، and the God's Messenger has burned peace be upon him the palms of the radiant sons - and she in the city houses tip - and have known that she turns to the Moslem in a day or his tomorrow " an ah .

" the Allah and about HATEM accepted them that said : ( the God's Messenger burning Peace be upon him The palms of the radiant sons and pieces ) agreed on him :

He indicates the permissibility of the spoilage of people moneys the war by the burning and the cutting advantage، the verse وفي ذلك descended ( what cut is from a soft ) the verse، he said the atheists : you forbid from the corruption in earth then let alone the cutting of the trees Wthriqha ؟ ...And the crowds have followed the burning permissibility and the sabotage in the enemy countries، and a hatred him Al-Awzaahi and Abu Thor and resorted that Aba Bakr accepted the Allah about him advised his armies that they do not do that، I answer that he saw the department in her remaining because he have known that she turns to the Moslem then he wanted her remaining for them، and that circulates over the advantage observation " an ah .

2-And a saying is Al-Shawkani in ( the wishes attainment is 8 / 78 ) a – after his mention to group talks from her is Amr ’s son Hadith previous a – :

" and the above-mentioned talks in her are a proof on the burning permissibility in the enemy countries، he said in the conquest a – then the Al-Hafez talk transfer previous a – approved him then he said : and no becomes obscure that what happened from Ubay Bakr do not suit an opposition what was proved about the Prophet peace be upon him to what was decided from non the companion saying pretext " an ah .

" have the command of Allah by the polytheists murder، and did not realize for the attribute that is on her، and no he took against us that we do not do except so without so، and no objection from their murder by each cause to the murder from a throwing،، or an impeachment، or a Tghriq، or a destruction، or an incitement from a high، or towards that " An ah .

Hopefully the more prominent suspicions that come in this sort are what follows :

The third suspicion : that these weapons will kill a department from the Moslem .

They said : he was proved in the two Al-Sahihain from HATEM ’s Hadith that the Allah accepted them : " that a woman found in some Prophet مغازي peace be upon him a murdered، then the God's Messenger denied peace be upon him the women murder and the boys "، and he was proved in a the authentic hadith of Moslem about Brida Bn Alhsib that the Allah accepted him that he said : " the God's Messenger was peace be upon him if he appointed as prince a prince on an army or a secrecy that advised him in his elite by the Allah piety and who with him from the Moslem a goodness، then said : you invade in the name of the Allah in the Allah sake، they fought who disbelieved in the Allah، you invade : and do not boil، and do not betray، and do not act، and do not kill a baby "، and an except from the texts and all she indicates the women murder prohibition and the boys، and the use of such weapons these will kill .

He have steadied in the other texts the women murder permissibility and the boys in case the premeditation and the invasion as Sab son Gthama ’s talk he accepted the Allah is about him the previous، and the scientists has combined these texts that the prohibition is bound when the women discrimination becomes possible and the boys from except، and as for in a state non the mastery from their discrimination about except then he their murder becomes permissible according to except، and have happened before to we reported the scientists talk in the previous studies and have stated the women murder permissibility and the boys when their discrimination does not become possible، and reported saying the الشافعي the Allah had mercy upon him ( the letter ) ص are 299 : " and the meaning of his prohibition at - God knows best - about the women murder and the babies that he means their intention by a murder and they they know distinguished of whom he ordered by his murder from them، he said : and the meaning of his saying " they from them " that they collect two characteristics : to he for them governed the belief that prevents the blood، and no the belief house rule that prevents the raid on the house " an ahـ.

And their discrimination at their giving by these weapons does not become possible، then a judgement is that as the premeditation rule and their giving by the catapult and towards that،، and have stated some of the scientists is a – in the previous study a – is that he he is compared to the catapult an except of what the destruction spreads by him as Al-Siouty ’s opinion : " and he is compared by him what in his meaning of what the destruction spreads by him " an ah

They said : the use of such weapons will spoil the land، and the plants and the descendant perish، and the Allah has forbidden a glory be to from that : then he said that was above ( and no you spoil in earth repair after her ) ( to traditions : from the verse 56 )، and he said that was above ( and if he avoided sought in earth so that he spoils in her and he destroys the plowing and the descendant and the Allah that do not love the corruption ) ( the cow : 205 ) .

The first kind : that this suspicion is first than her mention the Jewish، and answered about her the Allah Glory be to Him in the Koran، Ibn Isaac in the biography about Yazid Bn Roman have narrated، and Wabo Daoud in the المراسيل about Abdullah son Ubay Bakr، and others them : that the God's Messenger peace be upon him came the radiant structures then became immune، then pieces of the God's Messenger is peace be upon him the palms، and a burning، then called - time they saw the palms a separation and longed - : O Mohammad ! I have been forbidding from the corruption، then let alone the palms cutting and his burning ؟ . Then revealed the Allah ( what cut is from a soft ) the verse .

The second kind : that he if two spoilers contradicted their greater by a perpetration was paid we convicted them the agreement، and the corruption of the atheist remaining on their disbelief and non their participation is in the Islam judgement greater than their countries 's sabotage corruption and her destruction، and this by the scholars agreement ؛ she to that agreed their sayings on that he if the fighters did not be able on them except by what causes the murder of their women and their boys and towards that then he becomes permissible for them that an origin is this illicit about him، and this all in the demand struggle،، and the scientists talk narration has happened before in that during the talk in the third study .

Then if he was the mere of the atheist remaining on their disbelief the greatest corruption from the sabotage of their houses، then what is your suspicion by the referee if was their remaining with that will be minatory to the Moslem countries، and their religion، and their honors، and their blood، and their moneys ؟ !.

And the payment struggle the greatest necessity unanimously، and what in the demand struggle a gas in the payment struggle with all the more reason became permissible .

He said the Sheikh of Islam Ibn Taimya that the Allah had mercy upon him ( the greatest legal opinions : 4 / 520 ) :

" and as for the payment fighting then he the severest kinds incitement an Alsael about the sanctity and the religion then a duty a consensus، then the enemy is an Alsael that spoils the religion and the world no a more obligatory thing after the belief from his payment، then for him a condition is not stipulated but he is paid according to the possibility،، and on those scientists our friends and except have stated " an ah .

They said : the unbelievers countries do not become free from the Moslem، or from the merchants،، or the tourists، or the lodgers، or except that، and the use of such weapons these will kill، and the academy bestowed upon him the Moslem blood sanctity، and he has said that was above ( and were it not for believing men and believing women not you know them to you tread them then she afflicts you from them a Maarraton by knowledge not so that the Allah inserts in his mercy who he wants if you remove that we tortured that that disbelieved from them a grievous torment ) ( the conquest : from the verse 25 )، he has averted the Allah a glory be to the Prophet is peace be upon him about Mecca a apprehension on the Moslem mixed by the unbelievers .

The first kind : that this verse showed evidence by her Al-Awzaahi the Allah and an except had mercy upon him on the stopping about the unbelievers if he was in them Moslem fear on them a – in the struggle of the demand –، and is not in this verse what indicates the prohibition as he is an apparent، and have restored on this deduction a total from the scientists :

Then said Abu Yousef the Allah had mercy upon him in ( the answer on Al-Awzaahi ’s motion ) ص are 66 and what after her :

" Al-Awzaahi interpreted this verse in not her place، he ولو كان prohibits the polytheists throwing and their fighting if he was with them the Moslem children to a spouse are that also from them if was with them their children and their women ؛ the God's Messenger has forbidden peace be upon him about the women murder and the children and the boys، and have besieged the God's Messenger peace be upon him، the touring people، and Kheibar people، and Koraitha، and the radiant، and cause the Moslem on them about what a severer reached us what were able on him، and told us that he is an accusative on the touring people the catapult، on the Moslem the stopping about the polytheists فلو كان ought if in their field the children were to the God's Messenger prohibition peace be upon him about their murder what did not fight ؛ because their cities and their fortresses do not become free from : the children، and the women، and the sheikh the senior mortal، and the minor، and the admirer،

And have mentioned the الشافعي the Allah had mercy upon him in ( the mother ) 7 / 349 saying Al-Awzaahi، then supplemented him with Ubay Yousef ’s returning the previous، then said :

" and that interpreted Al-Awzaahi bears what interpreted him on him، and is possible that his stopping about them is by what happened before in his knowledge that he professed Islam from them a sect obedient، and that said Al-Awzaahi is preferable to us if he was not by us a necessity to the fortress people fighting، ..He was their leaving if in them the Moslem were wider and closer from the safety from the sin in the Moslem injury in them،، we and and however if we forced to that we fear them on souls if we stop their war, we fight them and did not baptize Moslem murder، then if our ungratefulness afflicted him، And what she was not this necessity then a Turk their fighting is closer than the safety and preferable to " an ah .

" and as for a protest who resorts to his saying : ( and were it not for believing men and believing women ) the verse is, in the unbelievers throwing prevention for who in them from the Moslem then the verse is no indication in her on the disagreement place ؛ and that because a more what in her that the Allah restrained the Moslem from them ; because he he was in them a folk Muslim he did not be secure the Prophet peoples peace be upon him if they entered Mecca by the sword that they afflict them، and that indicates their throwing 's leaving toleration and the boldness on them,, then no indication on the boldness prohibition on them with the knowledge by that in them Moslem ؛ because he is possible that he permits the stopping about them to the Moslem date،، and possible also the boldness toleration on the making choose kind, then if no indication in her on the boldness prohibition .Then if said : in the verse meaning what indicates the prohibition and he is his saying : ( you did not know them that you tread them then afflicts you from them Mara not a knowledge ) then were it not for the prohibition is what afflicted them Mara from their murder by their injury they would never، said for him : the interpretation people has differed in Almara meaning here، then narrated about Ibn Isaac that he : he fined the blood money and he said an except : the penance and he believed others them : the sadness by an agreement he killed the Moslem on his hand ; because the believer saddens to that and collection means him، and other : the fault said، and told about some that he : an Almara : the sin and this said an invalid ; because he was above have told that that if he happened was not a knowledge from us ; Your hearts ) then a knowledge we that he did not want the sin، ...، and if he is proved what mentioned is from the boldness permissibility on the unbelievers with the knowledge by the Moslem universe between he showed them and negated a like permissibility if a Ttrsoa by the Moslem ; because the moderation in the two states is throwing the polytheists without them، and who afflicted from them then no blood money in him and no penance, as that who he is afflicted with the unbelievers fortresses throwing from the Moslem that in the fortress was not in him a blood money and no penance، and because he may permit for the throwing with the knowledge by the Moslem universe in that side then became in the judgement in the rank of who his murder was permitted then by him a thing does not ought and the above-mentioned Almara is not a blood money and no penance ; إذ لا an indication on him from his word and no from an except . And the backs from him are what afflicts him from the sadness and the seriousness by murder agreement protected on his hand on what was customary by him the habit of whom he agrees on his hand that، and a saying from his interpretation is on the fault likely also ; because the man have criticizes usually by the mistake murder agreement on his hand,, and if that was not on the punishment kind " an ah .

The second kind : we if we said by this saying never him we interrupted the jihad by the faculty ؛ because he a land from the unbelievers lands from Moslem does not become empty،، and the jihad as long as ordered by him and the definitive proofs on his necessity have indicated، and the Moslem work by him succeeded، and do not come true except by this، then he becomes permissible .

Mohammad Bn Al-Hassan Al-Shaibani said ( the explanation of the big thong is 4 / 1467 ) :