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Text and translation
English translation
1569. Ibn 'Umar narrated that a
woman was found killed in one of the expeditions of the Messenger of Allāh ﷺ, so the Messenger of Allāh ﷺ rebuked that, and he prohibited killing women and children. (Sahih)
There are narrations on this topic from Buraidah and Rabāh – and they say he was Riyāh – bin Ar-Rabī, Al-Aswad bin Sarī, Ibn ‘Abbās, and Aṣ-Ṣa‘b bin Jaththāmah.
[Abū ‘Eisā said:] This Hadīth is Hasan Sahīh. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They disliked killing women and children. This is the view of Sufyān Ath-Thawrī and Ash-Shāfī‘ī.
Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Aḥmad and Ishāq, they permitted it in night attacks.
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Footnotes
1
[1] Muhammad 47:4.
2
[2] Al-Baqarah 2:191.
Commentary
Generally, if the women and children are not taking part in the fight, or they are becoming a hindrance in reaching the enemy, it is not allowed to kill them. In the case where the women are participating in the battle in any form, it is allowed to kill them. If they are unintentionally killed in night raids, when it is difficult then there is no violation.
