This is the seventh in a series of translations of selections from the work Matali al-Budur fi jawami akhbar al-Burur by Sheikh Ahmed al-Sideeq al-Ghumari al-Hasani. This excellent book is a compilation of Hadith divided into over 80 chapters on the topic of being good to parents (Birr al-Walidayn). ‘Birr al-Walidayn’ can mean to show parents kindness, righteousness, obedience, to give them excellent companionship, and to maintain ties with them amongst many other meanings. In-sha-Allah I will be translating excerpts and adding some of the Sheikh’s commentary as footnotes. Wa billahi al-tawfiq.
Part 7 – The Prohibition (tahrim) of Jihad Without the Permission Of The Parents
Abu Sa’ed al-Khudri reported that:
A man from Yemen migrated to the Messenger of Allah ﷺ who said to him “Do you have anyone back in Yemen?”. He said ‘My parents’. He ﷺ said “Did they give you permission to come?”. He said ‘No’. The Prophet ﷺ said “Then return to them and ask for permission. If they permit you then you can (come back and) perform jihad and if they do not, then stay and look after them well”.
Narrated by Abu Dawud and Ibn Hibban in his Saheeh
Hafiz Ibn Hajar said in al-Fath “The Majority of the Ulema said that Jihad is prohibited when both parents, or even one of them, forbid you from it. This is with the condition that they are Muslims because showing birr to them is a fard ayn (personal obligation) whereas Jihad is a fard kifaya (communal obligation). But when Jihad becomes fard ayn then there is no need for their permission. This is proven by what was narrated by Ibn Hibban from Abdullah ibn Amr who said:
A man came to the Messenger of Allah ﷺ and asked him about the most virtuous of deeds. He ﷺ said “The Prayer”. The man said ‘Then what?’. He ﷺ said “Jihad”. The man said “I have parents.” The Prophet ﷺ said “I command you to show goodness to your parents”. He said “By the one who sent you as a Prophet with the truth, I will surely perform Jihad and I will leave them.’ The Prophet ﷺ said “You know best.”
This is interpreted to be in reference to Jihad when it is Fard Ayn as a way of reconciling between the two Hadiths. Are the grandfather and grandmother included with the parents in this? What is most correct according to the Shafi’i scholars is yes (it does).”
Imam al-Nawawi said in Sharh Muslim “Abu Muhammad Abd al-Salam said ‘Jihad is prohibited for the child without the permission of the parents due to the hardship they would feel at the possibility of him being killed, or one of his limbs being severed, and the intensity of the grief upon the occurrence of such a thing’.”
Imam Badr al-Din al-Ayni said in al-Umdah “Most of the people of knowledge, including al-Awza’i, Sufyan al-Thawri, Imam Malik, Imam al-Shafi’i and Imam Ahmed ibn Hanbal, said it is not permissible to go out for battle without the permission of his parents – as long as there is no real necessity or very strong enemy – in which case it becomes Fard Ayn for all, there remains no choice in the matter, and Jihad becomes necessary for everyone. In this case there is no requirement for permission from the parent or master. Ibn Hazm said in maratib al-ijma ‘If the parents would perish from him leaving (for Jihad) then the fard is dropped from him by consensus. If not, then the majority condition it upon getting permission (from the parents). The grandfather takes the same ruling as the father and the grandmother takes the same ruling as the mother’.” 1 2
Footnotes
1 – Imam Sufyan al-Thawri took the position that non-Muslim parents take the same ruling as Muslim parents with regards to Jihad being prohibited without their permission. However the majority took the opposite position. Imam al-Nawawi said in Sharh Muslim “The Ulema have said ‘Jihad is not allowed without the permission of the parents if they are Muslim, or without the permission of the one who is Muslim from them (if only one of them is Muslim). If they are not Muslim then getting their permission is not required according to Imam al-Shafi’i and those who agreed with him. However Sufyan al-Thawri said their permission is required. All of this however is referring to when the army lines have not been established and fighting has not become fard ayn. When it has, Jihad is permissible without their permission.
Al-Khattabi said in ma’alim al-Sunan “Leaving for optional Jihad (i.e. when it is not Fard Ayn) is not allowed without the permission of the parents. However when Jihad becomes fard ayn then there is no requirement for their permission and this is when they are Muslim. If however they are non-Muslim, he can leave for Jihad without their permission whether it be obligatory (fard) or optional.”
2 – In the Hadith of Abu Sa’ed al-Khudri which was mentioned (above), is a proof through the indication of the speech, that travelling is prohibited without the permission of the parents. This is because if a person is prohibited from Jihad, despite its exalted virtue and great position, then merely permissible (mubah) travel is more rightfully prohibited. Yes, it is true that if the person is travelling to acquire fard ayn knowledge (i.e. that essential minimum knowledge of Islam each Muslim must have) such that he specifically travels a path for it, then there is no prevention. If however he is travelling for fard kifayah knowledge (that knowledge which only some people from the community are required to have) then there is a difference of opinion as mentioned by Hafiz Ibn Hajar in al-Fath.
Orthodox Muslim 