salam, this article is from ibn uthaymin rahimahullah
“On the authority of ibn Umar (may Allah be please with him), that the Prophet (may the Peace and Blessings of Allah be upon him) saw a woman who was killed in some of his invasions, and he rebuked the killing of women and children.” (Al-Bukhari and Muslim)
His (the Prophet’s) saying “saw a woman who was killed in some of his invasions”, and he (the narrator) did not specify which battle, but it is not of importance to us which battle it was, but rather the point is that the ruling be known.
And His saying, “he rebuke the killing of women,” “he rebuked,” meaning that he prohibited it, but with severity, because rebuking is more specific [in meaning] than merely prohibiting it. Something may be prohibited without rebuking it, but if it is rebuked, it is inclusive of a prohibition and even more.
And his saying, “the killing of women and children,” any type of women, even those who have reached the age of puberty. As for children, [what is meant here:] they are those males under the age of puberty. And he only forbid that because women and children are to be taken as slaves, bound to slavery by war, and if they are killed, much good will miss the Muslims.
So in this hadeeth are evidences for various rulings:
1) First, that it is obligatory to rebuke evil things, even if the person who does it is ignorant of the ruling, and that is because those who killed this woman, there is no doubt that they were ignorant, for if they knew that, they would not have killed her.
2) And the second [benefit]: the prohibition of killing women and children during war.
And if it is said, if they did this to us, that they killed our children and women, can we kill them [their women and children]? What is apparent is that it is allowed for us to kill their women and children, even if that were to cause us to miss [the opportunity of] taking them as wealth (slaves), due to what this contains from breaking the hearts of the enemies and weakening and belittling them, and due to the generality of Allah's saying,
“And whoever transgresses against you, then transgress against them the like of what they have transgressed against you.” [Surah al-Baqarah]
And forgoing the opportunity to gain wealth for the Muslims is not something strange, and for that reason............... [incomprehensible word] is burned, while this will cause loss of expected wealth for those who are fighting.
And if someone says, if they dishonor our women (rape them), can we dishonor their women? No, this… no, we do not do. Why? Because this is a action of which its type is [always] forbidden. And it is not possible that we do this. Its prohibition is not due to their inviolability, but rather it is forbidden due to its type, so it is not allowed to dishonor their women. But if they (the women) are distributed (amongst the Muslims), and a woman from amongst them was taken as a prisoner slave, she becomes “one possessed by the right hand”, a person can have sex with her. “One possessed by the right hand” is permitted, and there is no harm in that.
Ok, is it allow to specifically kill those women who were themselves fighting? The answer: Yes. If we were to say that a woman was fighting, as is the case in our present times - from women are those who fly planes, and fire artillery and missiles, and other things - so she is killed, because there is no difference between her and other men.
[Some questioners ask some questions and sheikh answers (not included as they are not dealing with the issue]
[The questioner says] …What is the difference between mutilations and killing?
[The sheikh says] We already said in regards to mutilation, that if they mutilate our dead, then we mutilate their dead.
[The sheikh says] Yes Ahmed?
[Another questioner says] BarakAllahu feekum, If they kill our women and children...
[The sheikh says] Yes...
[The questioner continues]…then we are allowed to kill their women and children. But O sheikh, they, the men are the ones who killed the women, and the women are innocent, so how can they be punished due to the crimes of men?
[The sheikh says] This is because of the greater benefit, the greater benefit to those who are fighting. Because if we do not do to them what they do to us, this would be humiliation in front of them.
(Another questioner asks question and sheikh answers)
[The questioner says] If they kill our women and children, how can we kill their women, meaning this is a great loss!
[The sheikh says] Yes, but there is a greater advantage in it, which is the honor of the Muslims, because of we don’t kill them, this is an humiliation for us, and the honor of the Muslims is more important than wealth.
(After some questions, a questioner asks question and sheikh answers as follows)
[The sheikh says] … “then transgress against them the like of what they have transgressed against you.” [Surah al-Baqarah]
[The sheikh says] What justice?
[The questioner says] Justice with their women.
[The sheikh says] Never........[incomprehensible...] They killed our women, we kill their women. This is justice. It is not justice that we say, if they kill our women we will not kill their women. Also, we note that this (killing them) influences [or hurts] them (the Kuffaar) much and greatly.
[Next Hadeeth]
“The Prophet (s) said: ‘Kill the shuyookh of the mushriks, and leave their youngsters’.”
The “Shuyookh” are the elder in age, meaning those above 40, but what is intended here (in this hadeeth) are those who have reached the age of puberty, and are able to fight. This is what is meant here.
And His saying, “And leave their youngsters,” their Youngsters: the youngsters who have not reached the age of puberty.
So in his saying (s): “Kill the shuyookh if the mushrikoon,” meaning in war, or other than war if there is no pact between us and them the mushriks), because a mushrik, if there is no pact between us and them, his blood is permissible to shed in regards to us. [it might be forbidden in regards to other Muslims who have a pact with them]
In this hadeeth is an evidence that there must be a license to kill elders from the enemy, due to his saying, “kill the shuyookh of the mushrikoon.”
And in this [hadeeth] we also understand that it is obligatory to leave their young, due to his saying, “and leave their youngsters.” And we have discussed earlier that [the general principle is that] it is obligatory to leave their women also, and that their women are not to be killed except if they fight.
And in this era, we find that the women of the enemy participate on war. So if this is the case, then they are exactly like the men, meaning that they too are to be killed. (end quote)
“On the authority of ibn Umar (may Allah be please with him), that the Prophet (may the Peace and Blessings of Allah be upon him) saw a woman who was killed in some of his invasions, and he rebuked the killing of women and children.” (Al-Bukhari and Muslim)
His (the Prophet’s) saying “saw a woman who was killed in some of his invasions”, and he (the narrator) did not specify which battle, but it is not of importance to us which battle it was, but rather the point is that the ruling be known.
And His saying, “he rebuke the killing of women,” “he rebuked,” meaning that he prohibited it, but with severity, because rebuking is more specific [in meaning] than merely prohibiting it. Something may be prohibited without rebuking it, but if it is rebuked, it is inclusive of a prohibition and even more.
And his saying, “the killing of women and children,” any type of women, even those who have reached the age of puberty. As for children, [what is meant here:] they are those males under the age of puberty. And he only forbid that because women and children are to be taken as slaves, bound to slavery by war, and if they are killed, much good will miss the Muslims.
So in this hadeeth are evidences for various rulings:
1) First, that it is obligatory to rebuke evil things, even if the person who does it is ignorant of the ruling, and that is because those who killed this woman, there is no doubt that they were ignorant, for if they knew that, they would not have killed her.
2) And the second [benefit]: the prohibition of killing women and children during war.
And if it is said, if they did this to us, that they killed our children and women, can we kill them [their women and children]? What is apparent is that it is allowed for us to kill their women and children, even if that were to cause us to miss [the opportunity of] taking them as wealth (slaves), due to what this contains from breaking the hearts of the enemies and weakening and belittling them, and due to the generality of Allah's saying,
“And whoever transgresses against you, then transgress against them the like of what they have transgressed against you.” [Surah al-Baqarah]
And forgoing the opportunity to gain wealth for the Muslims is not something strange, and for that reason............... [incomprehensible word] is burned, while this will cause loss of expected wealth for those who are fighting.
And if someone says, if they dishonor our women (rape them), can we dishonor their women? No, this… no, we do not do. Why? Because this is a action of which its type is [always] forbidden. And it is not possible that we do this. Its prohibition is not due to their inviolability, but rather it is forbidden due to its type, so it is not allowed to dishonor their women. But if they (the women) are distributed (amongst the Muslims), and a woman from amongst them was taken as a prisoner slave, she becomes “one possessed by the right hand”, a person can have sex with her. “One possessed by the right hand” is permitted, and there is no harm in that.
Ok, is it allow to specifically kill those women who were themselves fighting? The answer: Yes. If we were to say that a woman was fighting, as is the case in our present times - from women are those who fly planes, and fire artillery and missiles, and other things - so she is killed, because there is no difference between her and other men.
[Some questioners ask some questions and sheikh answers (not included as they are not dealing with the issue]
[The questioner says] …What is the difference between mutilations and killing?
[The sheikh says] We already said in regards to mutilation, that if they mutilate our dead, then we mutilate their dead.
[The sheikh says] Yes Ahmed?
[Another questioner says] BarakAllahu feekum, If they kill our women and children...
[The sheikh says] Yes...
[The questioner continues]…then we are allowed to kill their women and children. But O sheikh, they, the men are the ones who killed the women, and the women are innocent, so how can they be punished due to the crimes of men?
[The sheikh says] This is because of the greater benefit, the greater benefit to those who are fighting. Because if we do not do to them what they do to us, this would be humiliation in front of them.
(Another questioner asks question and sheikh answers)
[The questioner says] If they kill our women and children, how can we kill their women, meaning this is a great loss!
[The sheikh says] Yes, but there is a greater advantage in it, which is the honor of the Muslims, because of we don’t kill them, this is an humiliation for us, and the honor of the Muslims is more important than wealth.
(After some questions, a questioner asks question and sheikh answers as follows)
[The sheikh says] … “then transgress against them the like of what they have transgressed against you.” [Surah al-Baqarah]
[The sheikh says] What justice?
[The questioner says] Justice with their women.
[The sheikh says] Never........[incomprehensible...] They killed our women, we kill their women. This is justice. It is not justice that we say, if they kill our women we will not kill their women. Also, we note that this (killing them) influences [or hurts] them (the Kuffaar) much and greatly.
[Next Hadeeth]
“The Prophet (s) said: ‘Kill the shuyookh of the mushriks, and leave their youngsters’.”
The “Shuyookh” are the elder in age, meaning those above 40, but what is intended here (in this hadeeth) are those who have reached the age of puberty, and are able to fight. This is what is meant here.
And His saying, “And leave their youngsters,” their Youngsters: the youngsters who have not reached the age of puberty.
So in his saying (s): “Kill the shuyookh if the mushrikoon,” meaning in war, or other than war if there is no pact between us and them the mushriks), because a mushrik, if there is no pact between us and them, his blood is permissible to shed in regards to us. [it might be forbidden in regards to other Muslims who have a pact with them]
In this hadeeth is an evidence that there must be a license to kill elders from the enemy, due to his saying, “kill the shuyookh of the mushrikoon.”
And in this [hadeeth] we also understand that it is obligatory to leave their young, due to his saying, “and leave their youngsters.” And we have discussed earlier that [the general principle is that] it is obligatory to leave their women also, and that their women are not to be killed except if they fight.
And in this era, we find that the women of the enemy participate on war. So if this is the case, then they are exactly like the men, meaning that they too are to be killed. (end quote)
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