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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 141Section

Translation · EN

then I see no harm in it, even if there are offspring with them, as the Muslims used to fight with such means. Similar to this was stated by Sufyan and Hisham. Smoke should be used against them. Ahmad said: The people of Syria are more knowledgeable about this.

Section: If they use their women and children as human shields in war, it is permissible to shoot at them, intending the combatants, because the Prophet (may Allah bless him and grant him peace) fired upon them with the catapult while women and children were with them. Furthermore, because restraining the Muslims from them would lead to the suspension of Jihad, as whenever they knew that, they would shield themselves with them when they were afraid, and thus Jihad would be cut off. It is the same whether the war is raging or not, because the Prophet (may Allah bless him and grant him peace) did not wait for the intensity of the war to fire.

Section: If a woman stands in the ranks of the disbelievers or on their fortress and insults the Muslims or exposes her private parts to them, it is permissible to target her specifically with shooting, based on what Sa'id narrated: Hammad ibn Zayd narrated to us, from Ayyub, from 'Ikrimah, who said: When the Messenger of Allah (may Allah bless him and grant him peace) besieged the people of al-Ta'if, a woman appeared, exposed her private parts, and said: 'Here are your [enemies], so shoot.' A man from the Muslims shot at her, and he did not miss. It is permissible to look at her private parts out of the need to shoot her, as that is part of the necessity of shooting her. Likewise, it is permissible to shoot her if she is collecting arrows for them, giving them water to drink, or inciting them to fight, because she is in the ruling of a combatant. This same ruling applies to the child, the elderly man, and others among them whose killing is generally prohibited.

Section: If they use a Muslim as a human shield, and there is no necessity to shoot at them—because the war is not ongoing, or because it is possible to overcome them without it, or because there is security from their harm—then it is not permissible to shoot at them. If one does shoot at them and hits a Muslim, one is liable for them. If there is a necessity to shoot at them due to fear for the Muslims, then it is permissible to shoot at them, because this is a state of necessity, and one should intend [to hit] the disbelievers. And if one is not in fear for

Notes

(20) In M: "huquqihim" (their rights). [This is] a corruption. (21) In: Bab Jami' al-Shahada, from Kitab al-Jihad. Al-Sunan 2/311. It was also narrated by al-Bayhaqi, in: Bab al-mar'a tuqatil fatuqtal (The woman who fights and is killed), from Kitab al-Siyar. Al-Sunan al-Kubra 9/82. (22) In M: "farmuha" (shoot her). (23) In A: "wa al-amn" (and security). (24) In the original: "asrihim" (their captivity).

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