"Do you have anyone in Yemen?" He said: Yes, my parents. He asked: "Did they give you permission?" He said: No. He said: "Return, seek their permission; if they permit you, then engage in Jihad, otherwise be dutiful to them." These were recorded by Abu Dawud (4). This is because dutifulness to parents is an individual obligation (fard 'ayn), while Jihad is a communal obligation (fard kifayah), and the individual obligation takes precedence. As for if his parents are not Muslims, then there is no permission required from them. This is the view held by al-Shafi'i. Al-Thawri said: He should not go on a military expedition without their permission due to the generality of the reports. Our argument is that the Companions of the Messenger of Allah (peace and blessings of Allah be upon him) used to engage in Jihad while some had polytheist parents, without seeking their permission. Among them were Abu Bakr al-Siddiq, and Abu Hudhayfah ibn Utbah ibn Rabi'ah, who was with the Prophet (peace and blessings of Allah be upon him) on the day of Badr, while his father was the leader of the polytheists on that day and was killed at Badr. Also Abu Ubaydah, who killed his father in Jihad, so Allah the Almighty revealed: {You will not find a people...} (5). The verse, and the general reports, are specified (6) by what we have narrated. As for if his parents are slaves, the generality of al-Khiraqi's statement implies that it is obligatory to seek their permission, due to the generality of the reports and because they are Muslim parents, so they resemble the free parents. It is also possible that their permission is not considered because they have no legal authority. If they are insane, there is no permission from them because it is impossible to seek it.

1626 - Issue: He said: (And when he is addressed for Jihad, then there is no permission from them, and likewise with all obligatory acts; there is no obedience to them in abandoning them.)

This means that if Jihad becomes obligatory for him, the permission of his parents is not considered because it has become an individual obligation, and abandoning it is an act of disobedience, and there is no obedience to anyone in the disobedience of Allah. Likewise is everything that is obligatory, such as Hajj, congregational prayer, Friday prayers, and traveling for obligatory knowledge. Al-Awza'i said: There is no obedience to parents in abandoning obligatory duties, Friday prayers, Hajj, and fighting, because it is an act of worship that has become specifically required of him, so their permission is not considered therein, just like prayer. This is also because Allah the Almighty said: {And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way} (2). He did not stipulate the permission of the parents.