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Text and translation
English translation
1572. Abū Hurairah narrated: “The Messenger of Allāh ﷺ sent us with an army and said: ‘If you see so-and-so, and so-and-so’ referring to two men from the Quraish: ‘then burn them with fire.’ Then, upon our departure, the Messenger of Allāh ﷺ said: ‘I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allāh. So if you see them, then kill them.’” (Sahih)
There are narrations on this topic from Ibn ‘Abbās and Ḥamzah bin ‘Amr Al-Aslamī.
[Abū ‘Eisā said:] The Hadīth of Abū Hurairah is a Hasan Sahih Hadīth. This is acted upon according to the people of knowledge. In this Hadīth, Muḥammad bin Ishāq mentioned a man (narrating) between Sulaimān bin Yasār and Abū Hurairah. Others reported this Hadīth the same as Al-Laith reported it (here, without a man between them). The narration of Al-Laith bin Sa’d is more appropriate and more correct.
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Commentary
In view of 'Umar and Ibn 'Abbās, burning alive is not allowed at all. In the view of some Companions, burning alive in retaliation is allowed to make it a lesson for others. The correct opinion is that no one should be burnt alive. In the case of defense in a battle, if the enemy is using firearms and fire spreading ordinance etc., it is allowed to use the same kind of weapons to kill the enemy. (Al-Mughnī v. 13. p. 138-139.)
