A little letter regarding seeking help from the disbelievers

A little letter regarding seeking help from the disbelievers

20-03-2008

الحمد لله العلي المتعال ذي القدرة و الجلال و الصلاة و السلام على النبي الضحوك القتال

أما بعد

A little letter regarding seeking help from the disbelievers

The matter of seeking help from the Kuffār, its ruling differs with the difference of the people from whom help is sought, and upon whom the help is being used and the type of the help sought. Sometimes the people from whom the help is sought maybe a Kāfir country or some people of it or in the means of weapons or wealth. And sometimes the ones upon whom the help is sought maybe another Kāfir country or a Muslim state or a Muslim group like rebels, so their rulings differ with these differences[1].

There is a famous difference of opinion amongst the trusted scholars in the regard, thus I am to quote –Inshā Allāh- their sayings in order of first of those who says it is permissible and their proofs and then of those of who prohibits it, and then come to a conclusion.

First of all, from the allowed kinds of help which can be sought, with the Ijmā of the Muslims are:

Taking the help of the Kuffār in the matters in which they can be not given any status, like them being used as guides and ship crew who cleans the boat or as servants who are kept away from the acts of war. ..Etc.

Al Imām Abū Mu’hammad Ibn ‘Hazm رحمه الله said in Al Mu’hallā 12/112, after he mentions the prohibitions of seeking help from the Kuffār be them ‘Harbiyyīn[2]or Dhimmiyyīn[3], he said:

And this is a general prohibition in seeking their help in any authority or fighting or in any matter, except that the Ijmā is correct upon the permissibility of seeking their help in matters like serving the animals[4] or employment or to fulfill a need or others of its like which doesn’t take them out of the state of humiliation”

Ibn Abdul Barr رحمه الله said in Al Tamhīd (12/35) from Imām Mālik رحمه الله : “I do not see [the permissibility] of seeking help from the Mushrikīn[5]upon fighting the Mushrikīn except that they be servants or as boat crew”

(both quotes from AlQawl Al Mukhtār)

So from above Ijmā which Imām Ibn ‘Hazm رحمه الله quoted, it is known that the Kuffār can be used as guides and servants and as employees in works which doesn’t evaluate their status of humiliation.

As for those who said that it is allowed to seek help from the Kuffār, only allowed it when it is necessary and with the condition that the supremacy should belong to the Muslims and the they must be under the flags of the Muslims, and the rule must be that of the Muslims and they must not be harming a Muslim in anywhere and they are thought to be harmless.[6]

Imām San’ānī رحمه الله said in Subul us Salām (4/49-50) after bringing the Hadīth of Aisha رضي الله عنها regarding the Mushrik who followed him in the day of Badr “Return, I will never seek help from a Mushrik”: he said : “and the Hadīth is from the proofs of those who say that it is not allowed to seek help from the Mushrikīn in fighting, and it is the saying of a group from the people of knowledge. And the Al Hādwiyyah and Abū ‘Hanīfa and his companions went to the [opinion] of allowing it. They say because He صلى الله عليه وسلم took help from Safwān bin Umayyah in the day of ‘Hunein and sought help from the Jews of Banū Qeinaqā and gave them some of the booty[7]it was narrated by Abū Dāwūd in Al Marāsīl and Tirmizī narrated it from Az Zuhurī as Mursal[8] and the Mursals of Az Zuhurī is weak. Adh Dhahabī said ‘because he was a person who makes many mistakes, thus in his Mural there is a doubt of Tadlīs. And Al Beihaqī declared authentic from the Hadīth of Abu ‘Humeid As Sā’idī that verily he صلى الله عليه وسلم returned them (the jews of Banū Qeinqā)

The author said: and the way to reconcile between the narrations is that verily the one whom he rejected on the day of Badr, it was understood that he had an desire for Islām, thus he rejected him hoping that he may embrace Islām, thus his thought was correct, OR seeking help was forbidden, thus he gave permission in it and this is nearer. And verily he has sought help from a group of Mushriks on the day of ‘Hunein and he joined their hearts through booty.

And the Al Hādiwiyyah made a condition that there be Muslims whom with them the rulings must be from them.

And in the explanation of Muslim, [it is narrated that] verily Ash Shāfi’ī رحمه الله said: “if the kāfir is thinks good about the Muslim and if there is need to seek help, then help is sought and if not, then it is disliked and it is allowed to take help from the Munāfiqīn due to his صلى الله عليه وسلم taking help from Abdullāh bin Ubeiyy and his group.

(End of quote from Subul)

Siddīq bin ‘Hasan رحمه الله said in Rawdhatul Nadiyyah (2/335): “And they are not taken help from in it, it means in Jihād from Mushrikīn except for necessity. Due to the saying of him صلى الله عليه وسلم for the one who wanted to make jihād with him “return I will never seek help from a Mushrik” [and after bringing other narrations of the Prophet صلى الله عليه وسلم seeking help from the Jews on the day of Kheibar and the ‘Hadīth “you shall make peace with the Romans and you both would fight an enemy who would come after you”, then he said]

A group went –from the scholars- towards the impermissibility of taking help from the Mushrikīn and others went to its permissibility. The prophet صلى الله عليه وسلم took help from the Munāfiqs on the day of U’hud and Abdullāh bin Ubeiyy returned with his group. And likewise he took help from them in the day of ‘Hunein. And it is proven in the siyar[9]that verily a person named Qazmān went with the prophet صلى الله عليه وسلم on the day of U’hud while he was a Mushrik [until he said]and Khuzā’ah came out against Qureish with the Prophet صلى الله عليه وسلم in the year of conquest while they are Mushrikīn. So the reconcilement between the narrations are that taking help from the Mushrikīn is not allowed except for a necessity and not when there is no necessity.

(Quote narrated in summary)

Imām Ibn ‘Hazm رحمه الله said in Mu’hallā (11/113): This is with us, as long as the people of justice has a protection- if they fear annihilation and are forced and if they have no other way out then it is not a problem that they take protection from the people of ‘harb or they take protection from the people of Dhimmah as long as they are sure that they, in their seeking help: does not harm a Muslim or neither a Dhimmi- in blood or wealth or anything forbidden. And its proof is Allāh’s saying {and He has explained to you what has been prohibited upon you except to what you have been forced to} and this is general towards anyone who is forced, except to what it forbidden with a text [from Quran and Sunnah] or Ijmā. And if a Muslim knows, be him one or a group, that; those from whom they have sought help from the people of ‘Harb or the people of Dhimmah harms a Muslim or a Dhimmi in what is not permissible, thus [then] it is prohibited to seek help from them, even if he is annihilated. But rather he must be patient upon the decree of Allāh, even if his self, family and wealth is destroyed- or he fight until he is killed as a noble martyr. Thus there will be a death in certain and none can transgress due to it. And the proof of this is: verily it is not allowed for anybody to defend an oppression from himself with an oppression which would reach another, and this is where there is no dispute.

(end of quote).

Sheikh Abdullāh ‘Azzām رحمه الله said in his book “Ad Difā’u ‘an Arādhil Muslimīn”:

Verily the four jurists upon the permissibility of seeking help from the Kuffār with some condtions:

1- The ruling of Islām should be supreme. And the Muslims should be stronger than the group of Mushrikīn from who they sought help and those whom they are fighting with as if they got together they would defeat the Muslims.

2- The kāfir must be good with the Muslims and his betrayal must not be feared and this is known from his dealings.

3- The Muslims must be in need of the Kāfir or the Kuffār from whom help is sought.

Then ‘Azzām رحمه الله brings the sayings of the scholars to support this. And this can be refered to in his book “In the defense of Muslim lands”.

So it is known from the above sayings that the scholars allowed seeking help from the kuffār with some conditions. And now I shall try to bring you a summary of the book of Sheikh ‘Hamūd so we can come to conclusion in the matter Inshā Allāh.

First of it: The Muslims seeking help from a Kāfir State upon a Kāfir state:

The majority of the scholars have agreed upon its prohibition in a general way that nothing is exceptional from it, and the people of this school of thought has taken proof from some matters:

The Qurān:

The strict sayings of Allāh against allying with the Kuffār are inclining towards them.

And incline not to those who do wrong, or the Fire will seize you; and ye have no protectors other than Allah, nor shall ye be helped.[10]

O ye who believe! take not the Jews and the Christians for your friends and protectors: They are but friends and protectors to each other. And he amongst you that turns to them (for friendship) is of them. Verily Allah guideth not a people unjust.[11]

O you who believe! Take not as (your) Bitanah (advisors, consultants, protectors, helpers, friends, etc.) those outside your religion (pagans, Jews, Christians, and hypocrites) since they will not fail to do their best to corrupt you.[12]

O you who believe! Take not My enemies and your enemies (i.e. disbelievers and polytheists, etc.) as friends, showing affection towards them[13]

So these are the verses which prevents us from taking the kuffār as helpers and advisors and taking help from the Kuffār is not achieved but after inclining towards them and allying them.

Do you think that you shall be left alone while Allah has not yet tested those among you who have striven hard and fought and have not taken Walijah [(Batanah - helpers, advisors and consultants from disbelievers, pagans, etc.) giving openly to them their secrets] besides Allah and His Messenger, and the believers. Allah is Well-Acquainted with what you do.[14]

Secondly: the Sunnah

And from it: what is proven in Muslim[15] from Aisha رضي الله عنها verily she said: the Prophet صلى الله عليه وسلم said: Do you believe in Allāh and His Messenger?, he said “No”. He said “So return, I will never seek help from a Mushrik” (Quoted Shortly).

And from it: What is narrated by Ta’hāwī[16] and Al ‘Hākim[17] from Abī ‘Humeid: verily the Messenger صلى الله عليه وسلم went out in the day of Uhud until he reached Thaniyyatul Wadā’, when he met a well equipped troop, thus he said “who are they?”. They said : “this is Abdullāh bin Ubeiyy bin Salūl with 600 hundred of his allies from the jews of Qeinaqā’a and they are the group of Abdullāh bin Salām. He صلى الله عليه وسلم said: “have they embraced Islām?”. They said “No O Messenger of Allāh”, he said: “tell them to return. We shall not seek help from Mushriks upon Mushriks”.

And from it: what is narrated from Imām A’hmed and Al Hākim from Khubeib bin Asāf, he said: The Messenger of Allāh صلى الله عليه وسلم went out in one of his wars, thus I came to him –me and another person- before we embraced Islām and we said ‘we feel shame that our countrymen go for a war and we are not present with them’. Thus he said ‘have you become Muslims?’. We said “No”. He said: “we will not seek help from Mushrikīn against Mushrikīn”[18]

So these texts are clear that it is not allowed to seek help from the Kuffār and the who knows it should not make it permissible. And this is also what is proven from the Sa’hābah رضي الله عنهم .

From it: What is proven from ‘Umar bin Al Khattāb رضي الله عنه from his prohibiting Abū Musā when he used a Christian writer. It was mentioned by Al Beihaqī from Abū Musā رضي الله عنه: “verily he used a Christian writer, thus ‘Umar scolded him and recited: O ye who believe! take not the Jews and the Christians for your friends and protectors… ”. Thus Abū Musā said “By Allāh I have not befriended him, he merely writes’. Thus he said: “have you not found a writer within the Muslims?, He said: “Do not bring them near when Allāh has made them far and do not think them to be trustworthy when Allāh has declared them as betraying and do not honor them after Allāh has disgraced them”[19]

And from it what the Author of Al Mudhammah Fī Ist’imāl Ahli Dhimmah page 54, from ‘Umar رضي الله عنه, he said: some of his employees wrote to him so he may consult him in using the Kuffār. Thus he said: “Verily the wealth has increased and none but them can account it. So write to me with your opinion”. Thus he wrote to him: “Do not let them enter in your way and do not submit to them what Allāh has prohibited from them and do not trust them upon your wealth and know that they are men”

And he رضي الله عنه wrote to his workers:

Amma B’ad: “Whoever from you has a writer from the Mushrikīn thus he should not live with him and neither befriend him and neither sit with him and neither take consultation from him, thus the Prophet صلى الله عليه وسلم did not command to use them and neither his Khalīfa after him”.

And from it: A letter from Mu’āwiyah bin Abī Sufyān came to him: “Ammā B’ad, O Amīr ul Muminīn, thus from my workers is a Christian writer, the matter of kharāj[20]is not completed without him, so I disliked to give him the work without your consultation.” Thus he wrote to him: “May Allāh grant us and you goodness[21], I have read your letter about the Christian: Ammā B’ad: “The Christian has died[22]. And Peace”.[23]

And ‘Umar رضي الله عنه used to have a Christian slave, thus he said to him: embrace Islām so I can use you upon some of the matters of the Muslims, for it is not allowed for us to seek help from those who not from us, upon their matters”. Thus he denied, so he freed him and said “go wherever you wish”.

And ‘Umar رضي الله عنه wrote to Abū Hureirah رضي الله عنه: Amma B’ad: the people have their dislike upon their Sultān, thus I seek refuge from Allāh that it reach me or you. Establish the punishments even if it is for an hour in the day. And if two matters comes to you, one of it; the matter for Allāh and the other; for the world; then give priority to Allāh upon your share from the world, for thus the world is lost and the hereafter remains. Visit the sick and be present at their funerals and open your door and meet them. And keep the people of Shirk away and forbid their actions and do not seek help in any matter from the matters of the Muslims from a Mushrik. And help upon the benefits of the Muslims for yourself thus you are but a man from them except that Allāh has made you to carry their burdens”.[24]

And as it is mentioned from ‘Umar Bin ‘Abdul ‘Azīz رضي الله عنه verily he wrote to all his workers in the horizons: “Amma B’ad, thus verily ‘Umar bin ‘Abdul ‘Azīz recites upon you from the book of Allāh { O ye who believe! Truly the Pagans are unclean}[25]. He made them unclear and from the group of Satan and made them greatest losers in respect of (their) deeds those whose efforts have been wasted in this life while they thought that they were acquiring good by their deeds. And know that none before you perished except with his preventing the right and stretching the hand of the oppressor and it has reached me regarding a group from the Muslims, that when they enter any country, the people of shirk comes to them, thus they seek their help in their actions and writings due them knowing how to write and accounting and planning. And there is no good neither planning in what angers Allāh and His Messenger. And they had in this matter some time, thus Allāh has completed it. So I will not know anyone from the workers has kept in his work anyone who is not from the religion of Islām, except that I will make an example of him in punishment. Thus removing your workers is like erasing their religion. And bring them down to their position which Allāh has specified for them from humiliation and degradation.”[26]

And if it is said that: these texts which you brought are his صلى الله عليه وسلم rejection of using individuals and as for not using a Kāfir state, there is nothing in its prohibition. So the answer is given thus:

Firstly: His saying صلى الله عليه وسلم “I will never seek help from a Mushrik”, the work ‘Mushrik’ here is a Nakirah[27]in a negative sentence. So the Scholars of Usūl has agreed that it such a place the work ‘pagan/Mushrik’ would be used in general meaning so it can used upon an individual or a state.

Secondly: the expected harm and the possible danger from seeking help from one kāfir is much lower than the harm which comes upon seeking help from a kāfir state. Because there would be control and surveillance on the individual, as for the state, thus its power and capability to harm the Muslims is much larger than the expected harm from an individual. So upon this seeking help from a state would be prohibited for greater reason.

So with this it becomes clear that it is not allowed to seek help from the Kuffār be them individuals or states.

As for the ones who permitted to seek help from the Kuffār from the scholars, they sought help from weak narrations which are either Dha’īf or not clear in its presentation or contradicting and these are those proofs:

1- From Abū Hureirah رضي الله عنه he said: “we witnessed ‘Hunein with the Prophet صلى الله عليه وسلم , thus he said to a person who claims to be a Muslim: “This man is from the people of fire”, thus when we attended the fighting, the person fought a fierce fighting, thus he got wounds. Thus it was said to him: “O Messenger صلى الله عليه وسلم the person whom you said is from the people of fire, he fought a fierce fighting today and he died”. Thus the Prophet صلى الله عليه وسلم said “to the fire”. Thus it was near that some of the Muslims may doubt. And while they were in this status when it was said “He did not die but he has many wounds” and when it was night he was not patient over his wounds, thus he killed himself. The Prophet صلى الله عليه وسلم was informed about it, so he said “Allāh Akbar, I bear witness that I am slave of Allāh and His Messenger”, then he commanded Bilāl and he announced to the people: “Verily none but a Muslim soul would enter Jannah and verily Allāh would support this religion with a fājir person”[28]

2- It is famous that Safwān bin Umayyah witnessed ‘Hunein with the Prophet صلى الله عليه وسلم , while he was aMushrik. And Ibn ‘Hajar said his story is famous in the narrations of wars.[29]

3- It is narrated in Sunan Tirmizī, , that the Prophet صلى الله عليه وسلم sought help from the Jews and he did not give them a share. And Imām Tirmizī said that verily the Prophet صلى الله عليه وسلم gave share to some people of the jews who fought with him.[30]

4- Abū Dāwūd narrated with his chain, Jubeir رحمه الله said: lets go with us to Zī Mikhbar-a companion of the Prophet صلى الله عليه وسلم –thus we came to him and Jubeir asked him regarding peace treaties. So he said: I heard the Messenger of Allāh صلى الله عليه وسلم saying “you will make a peace treaty with the romans, a peaceful treaty. And you and they will fight an enemy from behind”.[31]

5- And it is narrated by Al Beihaqī that S’ad bin Mālik fought with the Jews, thus he gave some of the booty to them.[32]

And these proofs, as you see, don’t reach the grade of making the proven fundamental from not seeking help to be permissible. As for the ‘Hadīth of Abū Hureirah رضي الله عنه;it is not clear that the man who fought was a kāfir, rather opposite is proven as he “claimed to be a Muslim” and there is nothing about seeking help, rather he gave permission for him to attend and fight. And likewise the story of the Safwān, thus the Prophet صلى الله عليه وسلم did not ask him to fight, but he was present by himself and it is not proven that he fought and he came out just to see what is happening. That is the reason that when the Muslims first started to flee Abū Sufyān رضي الله عنه said “the sea cannot return their defeat by Allāh!” So Safwān said to him “Shut up, may Allāh seal your mouth, by Allāh that a person of Qureish take care of me is better than a person from Hawzān take care of me”[33]

And what is proven from the news of Safwān, let aside the fact that it is not proven that he fought alongside the Prophet صلى الله عليه وسلم or he asked for his help in fighting, the proofs have a lot of variation in its chain and wordings. Ibn Adbul Barr narrated from Abdul Azīz bin Rafī’u and later after saying that Abū Dāwūd said that Safwān gave the armors before becoming a Muslim and then he became a Muslim, and said “The Hadīth of Safwān has become disputable upon Abdul Azīz bin Rafī’u to an extent that it would become long to mention it” [and further said] the variations are many and the Hadīth of Safwān is no proof for me to keep a guarantee when lending things and Allāh knows best.[34]

Imām Ibn ‘Hazm said after narrating this with his chain through Sharīk bin Abdullāh Al Qādhī, he said Sharīk is a Mudallis and narrated lies and tribulations from trustworthy people.[35]and said after narrating it from another chain, ‘this is from people who were not named’. And then he brought the narration from the path of Isrāīl and said ‘Isrāīl is weak’. And then brought from the path of Abdul Azīz bin Rafī’u and in that ‘Hadīth there are the words “The Prophet صلى الله عليه وسلم said we have lost some of your armors, so shall we pay for it?, so he said ‘No O Messenger of Allāh, there is my heart today, what was not there’. And then said “This Hadīth is Mursal”.

So the conclusion is that: it is not known that the Prophet صلى الله عليه وسلم asked for his help to fight or that he fought. And the narrations in the matter are not strong to take proof from, and if even they are, then there is no proof that he asked for his help.

As for the Jews of Qainaqā coming out with the Prophet صلى الله عليه وسلم and he gave them a share or gave them something is weak due to reasons:

Firstly: The proof is from the Mursals of Az Zuhrī and it is known that the Mursals of Az Zuhrī is weak.

Secondly: there is a sound proof which is against it and that is: What is narrated by Ta’hāwī[36] and Al ‘Hākim[37] from Abī ‘Humeid: verily the Messenger صلى الله عليه وسلم went out in the day of Uhud until he reached Thaniyyatul Wadā’, when he met a well equipped troop, thus he said “who are they?”. They said : “this is Abdullāh bin Ubeiyy bin Salūl with 600 hundred of his allies from the jews of Qeinaqā’a and they are the group of Abdullāh bin Salām. He صلى الله عليه وسلم said: “have they embraced Islām?”. They said “No O Messenger of Allāh”, he said: “tell them to return. We shall not seek help from Mushriks upon Mushriks”.

Hamūd رحمه الله said: the amazement is for those scholars who went to the opinion of the permissibility of taking help from the Kuffār while depending on these weak and contridacting Mursals, and turn away from what is narrated soundly from Muslim and Sunan and Musnad Ahmed and others from his صلى الله عليه وسلم denial to seek help from the pagans. And if we are to go on to the path of preferring, then we know that the Hadīth of ‘Aisha رضي الله عنها which is narrated in Muslim what are in agreement to it are better than those Mursals which has contridacting chains and narrations, as we have presented.

Ibn Abdul Barr said: “As for the witnessing of Safwān bin Umeiyyah with the Messenger of Allāh صلى الله عليه وسلم , to ‘Hunein and Tāif, while he was a kāfir, Mālik said ‘it was not due to an order from the Messenger of Allāh صلى الله عليه وسلم ‘, Mālik said ‘and I do not see that help be sought from Mushriks except they be servants or boat crew.’[38]

Sheikh Abdul Latīf bin Abdur Ra’hmān bin ‘Hasan رحمهم الله having talked about the proofs of the people who permitted then talked about the Mursal of AzZuhrī and explained its invalidity in the matter, then he said: “As for the matter of seeking their help, it is a matter of dispute. And the correct way is upon what the people who researched the matter say that it is not allowed at all. And their proof is the ‘Hadīth of ‘Aisha and it is agreed upon. And the one who says it is permissible, took proof from the Mursal of Az Zuhrī, and you know what is regarding Mursals, when it contradicts with Qurān or Sunnah. Then even its holder [the opinion of permitting], made a condition that there be a goodness and benefit for the Muslims, and this matter, in it is their destruction and demolition. And made a condition that the pagans have no power or state from which it is feared, and this nullifies his saying in this matter and likewise made a condition that there be no place for them in consulting and opinion which is against what is here [until he said] and this is regarding the fighting of a Mushrik against a Mushrik with the people of Islām”[39]

And he also said: “the doubt with which the ones who said with its permissibility of seeking help held unto, was what some of the jurists mentioned from seeking help from a Mushrik in the times of necessity and it is a rejected weak saying which is based upon Mursal narrations which the Qurānic text refutes, and the clear sound A’hadīth. And then the saying –with its weakness- is made conditioned by some conditions upon which the explainers of ‘hadīths mentioned and Shawkānī narrated a part of it in Al Muntaqā: feeling secure from harm and corruption and there be no power or influence for them and they are entered in to opinion and consultation and also made it in the case of seeking help from a Mushrik upon a Mushrik. And as for seeking help from a Mushrik against rebels in the times of necessity, then it is a corrupt saying and there in no proof upon it except mere analogy. And its invalidity is what is most clear in differentiating between the fundamental and the branches and it not gathering in the reason of the ruling.”[40]

As for the ‘Necessity’, which is mentioned in the sayings of the Jurists who permits to seek help from the Kuffār, it is the Necessity which is related to the religion and which has a benefit for Islām and the Muslims, and as for the Necessity which is related to the order of the Ruler and defending his throne and power, then even those who permitted it doesn’t permit it if that is the case.

Sheikh Suleimān bin Sa’hmān رحمه الله said “the person of the treatise is mistaken in knowing the necessity, thus he thought it returns to the benefit of the Walī Amr from his presidency and authority and the matter is not like that as he thought but it is the necessity of the religion and its needs to the who would help upon it and with it, it would be benefitted, as it is clearly stated by those who permitted it and what is mentioned about that has passed and Allāh knows best”[41]

And from the great Imāms who said it is not permissible is Sheikh Ibn Mufli’h in Al Adāb Ash Shar’iyyah, he said: “A chapter regarding seeking help from the Dhimmīs”, some of our companions say : and it is disliked that a Muslim seeks help from a Dhimmi in any matter from the matters of the Muslims like writing and employment or accounting kharāj and the distribution of Fei and booty and securing it or carrying it except for necessity. He said in Ari’āyatul Kubrā and he should not be a gatekeeper nor an executioner or its likes. [end]

O you who believe! Take not as (your) Bitanah (advisors, consultants, protectors, helpers, friends, etc.) those outside your religion (pagans, Jews, Christians, and hypocrites) since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made plain to you the Ayat (proofs, evidences, verses) if you understand.[42]

Al Qādhī Abū Y’alā from the Imām’s said: and in this verse there is proof that it is not allowed to seek the help of the people of Dhimmah in any matter of the Muslims from the works and writing and that is why Imām Ahmed رضي الله عنه said ‘the Imām should not seek help from the People of Dhimmah to fight the people of war’. And Sheikh MuwaffiqudDīn رحمه الله made this matter a fundamental to make a condition that the one who works of Zakāt be a Muslim, thus it is proved that the matter is a place of agreement.

And Imām Ahmed said in the narration of Abū Tālib, he was asked about using a Jew or Christian in the works of Muslims like kharāj? He said ‘their help is not sought in any matter’,

And Ibn Taimiyah رحمه الله said in Iqtidhā Sirāt ul Mustaqīm: “that is why the salaf takes proof from this verse upon leaving to take help from them in the matters of authority. Imām A’hmed narrated with a sound chain from Abū Mūsā رضي الله عنه he said; I said to ‘Umar رضي الله عنه ‘I have a christian writer’, he said ‘what is wrong with you? May Allāh fight you! Did not hear the saying of Allāh { O you who believe! Take not the Jews and the Christians as Auliya’ (friends, protectors, helpers, etc.), they are but Auliya’ to one another.}? why did you not take a Hanīfiyya[43]? I said ‘O Amīr ul Muminīn, for me is his writing and for him is his religion’, he said ‘I will not honor them when Allāh disgraced them and I will not respect them when Allāh humiliated them and I will not make them near when Allāh has made them to be far”[44]

And Imām A’hmed narrated from ‘Umar رضي الله عنه that verily he said: Do not use jews and christians for they legalize bribery in their religion and bribery is not permissible.[45]

‘Hamūd then brings some sayings of Ibn taimiyah رحمه الله in which he explains that kāfirs cannot be used for places of authority as it evaluates their status from being humiliated and Islām cannot be made to go down. And that the buildings of the kāfirs must not be built higher than that of Muslims, so how can they be used above Muslims? And that Allāh will be sufficient for us and will provide Muslims for these works. And the Messenger صلى الله عليه وسلم ordered us to not to greet them first and move them to the narrow path of the road, and said that Sultān Salāh u Dīn Al Ayyūbī رحمه الله did not use kāfirs and the sultans after him used them and Allāh tested them when they went against His orders, [quoted very shortly].

Ibn Abdul Barr said Ibn AlQāsim said Mālik was asked about a christian to be used as a writer? He said “I do not see it [permissible] and that is because the writer is consulted, so a christian is to be consulted in the matters of the Muslims? It doesn’t please me that they be used as writers.

And Ibn Abdul Barr mentioned that one of the Jurists asked permission to enter upon Al Mamūn, thus he was granted permission. And when he entered upon him he saw a jew as a writer and the jew had a position and closeness due to the work he was doing. So when the Jurist saw him, and Al Mamūn has signaled him to sit. He said “do you permit me O Amīr ul Muminīn to recite a poem which came?’ he said yes. So he recited:

Verily the one due to him you are honored This one thinks he is a liar.

And he indicated to the jew. So Al Mamūn was embarrassed and became dumbfounded due to sadness and then he ordered his gate keeper to drag him on his face and vowed to throw him and to keep him away and not to seek help from any one from the people of Dhimmah in his works. Ibn Abdul Barr said: “how can they be trusted upon a secret or be trusted in a matter when they lied upon the Quran and said the Prophet صلى الله عليه وسلم is a liar?

And An Nāsir Li Dīnillāh ordered that none from the people of Dhimmah be used on the accounts. So it was written regarding Abī Mansūr bin Ratīna the christian that ‘we do not find a writer who would take his place’, so he said ‘if we are to say that Ratīnā died then would the accounts be delayed?’ so then he embraced Islām and his Islām was good.[46]

Secondly: The ruling of Seeking help from the Kuffār against a Muslim state or a Muslim group like rebels.

First of all, they cannot be labeled as Kuffār due to their coming out against the Imām with an acceptable reason and neither are they termed as Fāsiqs near some scholars. And from them Ibn Taimiyah رحمه الله who said: “as for the rebel while making an Ijtihād or tawīl and does not believe that he has rebelled but rather believed that he is upon truth, then even if he is mistaken in his belief, so naming him a rebel is not what obligates his sin let alone obligating his fisq…”[47]

And it has been agreed upon by those who count the sayings of the Scholars of the Ummah and its Jurists that it is not permissible to for the ruler to seek help from the Kāfir state against the Muslims in any condition, due to some reasons:

1- What we presented from the texts of Quran and Sunnah and the sayings of the Salaf from using kāfirs against kāfirs, so if this is the correct way, so it is more appropriate that their help not be sought against Muslims.

2- The Kāfirs are enemies of the Muslims, their enmity is that of creed and religion and it is known that verily the Kuffār, if they are given a chance fight Muslims, then they would avenge from them and try to cool their anger by killing.

3- As for the rebels, the reason to fight them is to stop them and return them to obedience and not their killing or annihilation or banishment and with this it is known that there is no need for the kuffār and it is not allowed to take help from them.

4- And taking help in this state is to ally with them and to incline towards them and Allāh has said { And incline not toward those who do wrong, lest the Fire should touch you}[48]

5- And seeking help from the Kuffār leads to empower them and destroying the power of the Muslims which may lead to the Muslims be annihilated totally and the history is a witness. See spain, when the Muslims sought help from the christians upon each other, it led to the total banishment and annihilation of the Muslims there.

6- And seeking help from them is likewise a peace treaty for them to come and interfere in the matters of the Muslims in the name of peace and this leads to them finding out the weaknesses and them coming to our lands in the name maintaining peace as it is now seen in many lands.[49]

And from there are from the scholars who had the opinion that some of the scenarios of seeking help from the kuffār against the rebels would be disbelief. And this is when the rulings of the Kuffār are to imposed against whom the help is sought from the Muslims and this is exactly what happened between Saudi and Iraq as the rulings of the kuffār were what was implemented upon the Iraqi people after the war.

Al Imām Abū Mu’hammad Ibn ‘Hazm رحمه الله said: “and as for those who are driven by emotion from the people of borders from the Muslims, thus they seek help from the ‘Harbī Mushrikīn and leave them to kill those who are against them from the Muslims and to seize their money and captivate them, so if they have the upper hand and the kuffār are to them like followers then he is in destruction and in the utmost levels or fusūq and he will not become a kāfir due to that, because he did not do anything which the Quran or Ijma states that it would make him a Kāfir and if the ruling of the Kuffār are implemented upon him then he becomes a kāfir due to this upon what we mentioned…”[50]

And Ibn ‘Hazm said that AshShāfi’ī رحمه الله doesn’t allow that kuffār be used against rebels.

And as Abdul Latīf bin Abdur Ra’hmān bin ‘Hasan said, the ones who allowed to use kāfirs against Muslim rebels are those who went out of normal and due to their misusing Qiyās and using what is allowed in necessity and leaving the constants.[51]

Using Kuffār in other than fighting.

And this has statuses:

Using them in matters like accounting and writing and its likes. So the proofs which are against this has already been mentioned and it is no need to repeat it.

So the majority of the scholars are against this and that is the correct opinion due to these causes:

1- Due to the existence of many proofs against it.

2- None from the rulers in the beginning of Islām did give a dhimmī any kinds of these works.

3- These works gives authority and the Kāfir must not have any authority over the Muslims.

4- And these works are not for Kuffār as it is important the people with Imān work on it as it carries great responsibilities due to the state being built upon the Islāmic ideology and belief and not based upon the worldly theories.

5-  These jobs has secrets which must not be exposed to the kuffār,

6- As the Kuffār are the enemies of Islām, they would always dream to have authority over Muslims so they can take revenge from Muslims and harm Muslims and they believe that it is not a problem that they rob from the wealth of the Muslims. As it is mentioned in Al Mudhammah page 48.

As for seeking help from the kuffār in serving, like showing the way and employing them as servants which are far away from war and management which doesn’t take them out of humiliation and degradation.

Ibn ‘hazm رحمه الله said: “and this is a general prohibition from taking their help in authority or fighting or in any matter except what is correct from the Ijmā upon the permissibility of taking their help in it, like serving the animals or employing fulfill a need or its likes from they do not come out of humiliation”[52]

Ibn Abdul barr said in At Tamhīd 12/35 from Imām Mālik رحمه الله: “I do not see that pagans be used against fighting pagans except they be servants or boat crew”

And as for taking money from a kāfir state as a loan or gift,

Then if it is a loan, then the general texts are upon its forbiddance. Because the reason due to which the Sharī’ah forbade us to seek help from the Kuffār is present in taking loans and because taking loans from the kuffār would come to:

1- There is humiliation and disgrace upon the state.

2- The Kāfir state would only lend loans to gain some benefit like usury or appoint some conditions from which they would benefit.

3- They will use the lending of loans for a way to conquer the Muslim state by destroying it economically thus pave a path easy to conquer it. And this has been proven in our current times.

As for accepting the money as gifts? Then the answer is; it is forbidden greatly. As it has clear humiliation in it. And the verses to forbid us to bow to the kuffār are many and doesn’t need to be mentioned.

In the end:

It is clear that it is not allowed for us to use Kuffār in warfare and in matters which gives them authority or takes them out of humiliation upon the correct opinion.

Almost all what has been taken was from the book of ‘Hamūd which was mentioned above. But it was narrated shortly and sometimes adding my comments and using my own wordings.

Al Faqīr Ilā Ra’hmatillāh

Sayyid

And All praises be to Allāh تعالى.



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[1] Al Qawl Al Mukhtār Fī ‘Hukmil Isti’ānah Bil Kuffār –‘Hamūd Bin ‘Uqalā Ash Shu’eibī رحمه الله- note that many of the quotes I shall be quoting would be from this book so I shall say “Al Qawl Al Mukhtār” only.

[2] People of war, those Kuffār who are at war with Muslims.

[3] Kuffār under the protection of the Muslims while paying a tax.

[4] In normal matters which are not related to war or any work which takes them out of the humiliation.

[5] Polytheists.

[6] This can be known from experiences.

[7] I am to bring the conclusions from the book Al Qawl Al Mukhtār in the end and it has refuted all these well.

[8] In which the companion (Sahābī) is unknown.

[9] Biography of the Prophet صلى الله عليه وسلم .

[10] 11/113

[11] 5/51

[12] 3:118

[13] 60/1

[14] 9:16

[15] 1817/ Kitāb ul Jihād and Siyar

[16] Mushakkalul āthār 3/241

[17] In Al Mustadrak 2/122 and the chain is Hasan.

[18] Ahmed in Musnad 42/25 and Al Hākim in Mustadrak 2/121-122 and AdhDhahabī was silent upon it, and At Ta’hāwī in Mushakkalul Aathār 2577 and Al Bukhārī in AtTārīkh Al Kabīr 3/209 and was silent upon it. And Al Beihaqī in Sunan and its chain is ‘hasan.

[19]Ah’med in Musnad and Ibn Qayyim in ‘A’hkām Alhu Dhimmah’ 1/210, Al Beihaqī in Sunan Kubrā in Kitāb Jizyah and in the Chapter of entering the mosque without permission 9/204, Tafsīr Ibn Kathīr 2/70 with the chain of Ibn Abī ‘Hatim, ‘Uyūn ul Akhbār of Ibn Quteibah 1/43, and Ibn Taimiyah declared it authentic in “Iqtidhā As Sirāt ul Mustaqīm” 1/164.

[20] Tax taken on lands.

[21] Give us what relieves us from health and cure and goodness.

[22] It means to consider him as a person who is dead, as to say do your work without him considering him dead.

[23] Sub’hul A’shā Fī Sanā’atil Inshā 1/94

[24] Al Mudhammah Fī Ist’imāl Ahli Dhimmah

[25] 9/28

[26] Al Mudhammah Fī Ist’imāl Ahli Dhimmah 57

[27] Which is not specified

[28] Al Bukhārī in Kitāb ul Jihād wa Siyar (3062) and Muslim in Kitāb ul ēmān (111). I say this is a very weak place to take proof from, due to the person claiming Islām, thus he was considered a Muslim, and even would be considered to be a Muslim according to one of the opinions regarding the one who kills himself. And his صلى الله عليه وسلم knowledge about the end of the person doesn’t mean that he ruled kufr upon the person while he fought, or how can it be thought that He صلى الله عليه وسلم did not inform the Muslims that he is a kāfir (with whom they would befriend and sit with and do other matters which are prohibited between Muslims and Kāfirs under Walā and Barā), so it cannot be thought thus, but rather what can be said is that he صلى الله عليه وسلم , knew that his ending would be to the fire like the A’hādīth which says “A person acts the actions of the people of Jannah until he is an arm span to it, he would commit the acts of people of fire thus enter fire”, but the most which can be said in this matter is that he used a person who was a Muslim and he died a death of kufr. So there is no proof in this.

[29] Shadhrātul Dhahab 1/52.

[30] Kitāb Siyar, Chapter about what came regarding the people of Dhimmah who fight with the Muslims, are they to be given a share of booty, number 1558

[31] Abū Dāwūd Kitāb ul Jihād 2767, with the sound chain. I say: where is it they sought help from them? They maybe fighting but under their own flags not helping each other. Like how the Mujāhidīn were fighting the Russians and the Americans were fighting too, but the Mujāhidīn [the correct ones from them] denied any help from America. So when the narration can be made tawīl, we must return to the constant one, and it is the forbiddance of seeking help.

[32] Al Beihaqī narrated it in Sunan Al Kubrā 9/64.

[33] Summarized from the book: Al Isti’ānah Bi Gheiril Muslimīn by Dr. Abdullāh bin Ibrāhīm At Tarīqī, page 267-268.

[34] See Tamhīd 12/40-42. [narrated shortly, see the book of Shu’ebī for details]

[35] Narrated shortly, see the Book of Shu’eibī for details.

[36] Mushakkalul āthār 3/241

[37] In Al Mustadrak 2/122 and the chain is Hasan.

[38] At Tamhīd 12/35.

[39] ArRasāil Wal Masāil Najdia 3/67

[40] ArRasāil Wal Masāil Najdia 3/164

[41] AdDurar Saniyyah 8/374

[42] 3/118

[43] A Muslim.

[44] Iqtidhā Sirāt ul Mustaqīm 1/164

[45] Not found in Musnad.

[46] All the narrations in Alādāb Al Shar’iyyah 2/444

[47] Fatāwā 35/76

[48] 11/113

[49] See Al Isti’ānah page 299

[50] Al Mu’hallā 11/200 the 2189 matter. I say that is this not what Suadi did? So where was the fatāwās when they legalized such kufr?! But the reality is that the one blind in eyes and heart followed the tāghūt and defended him at the cost of kufr and while betraying the nation! Qātalahullāh!

[51] See Majmū’at ul Rasāil wal Masāil An Najdiyyah 3/68.

[52] Al Mu’hallā 12/112.

Are you emulating the Prophet (SAW) and his Companions or are you following your desires? Account your self before you are brought to account.

Submitted by a Mujahid

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