References to the Elderly

Main Part · Full-text chapter from the book Islam's Strict Prohibitions Against Killing Women, Children and Other Defenceless People · Read as PDF

Sa'id ibnu Mansur, in his Sunan, reports an account by Damrah ibnu Habib رضي الله عنه,

عَنْ ضَمْرَةَ بْنِ حَبِيبٍ أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ «نَهَى عَنْ قَتْلِ النِّسَاءِ وَالصِّبْيَانِ وَالشُّيُوخِ، وَعَقْرِ الْبَهِيمَةِ إِذَا قَامَتْ فِي سَبِيلِ اللَّهِ»

that the Prophet صلى الله عليه وسلم forbade killing women, children and the elderly, as well as slaughtering livestock, which one could happen to encounter on the way of Allah.

This statement is another account which illustrates that the Prophet صلى الله عليه وسلم himself pronounced said prohibitions, and in this case, himself included the elderly. Moreover, this report is the first in this paper to mention a ban on killing animals.

Ibnu Abi Shaybah furthermore relates a narration by the Prophet's Companion Anas ibnu Malik رضي الله عنه. He reported that the Prophet صلى الله عليه وسلم instructed him, Ibnu Malik, and the Muslims in general:

لَا تَقْتُلُوا شَيْخًا فَانِيًا وَلَا طِفْلًا صَغِيرًا وَلَا امْرَأَةً وَلَا تَغُلُّوا

You shall not kill an elderly, nor a young child, nor a woman, nor shall you defraud.

Here too, a ban by Islamic martial law not yet mentioned in this paper is formulated; namely the prohibition against committing fraud, in other words to illegally profit off war booty. This takes mention in addition to the elderly and other groups of people, against whom violence is declared forbidden.

In this case, fraud (or the evasion, embezzlement and profit off funds and goods; in Arabic: al-ghulul) primarily means illegal enrichment off war booty.