In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: The Hadith of Abu Hurayrah in Sahih Muslim:
(لَا تَبْدَؤُوا اَلْيَهُودَ وَالنَّصَارَى بِالسَّلَامِ, وَإِذَا لَقِيتُمْ أَحَدَهُمْ فِي طَرِيقٍ, فَاضْطَرُّوهُ إِلَى أَضْيَقِهِ)
“Do not greet the Jews and the Christians before they greet you and when you meet any one of them on the roads force him to go to the narrowest part of it.”
Does this ruling include the Jews and the Christians who are not Harbi (at war with the Muslims) or is it specific for those who are Harbi?

📝 The answer:

As for the Harbi, then the Muslim doesn’t intermingle with him. the Harbi doesn’t remain settled amongst the Muslims unless it’s for an extenuating circumstance. Such as if he is seeks security for a need and then he leaves after his need is satisfied, or he is a messenger for the non-Muslims, or he entered for a need and so he was given security until his need was satisfied.

And also amongst the midst of the non-Muslims, it is not permissible for the Muslims to intermingle with the non-Muslims and to remain amongst them, rather it is obligatory for the Muslim to make every effort to leave being amongst the non-Muslims, and distant themselves from intermingling with them.

So the Hadith mentioned is with regards to the Jews and the Christians who are under the protection and covenant of the Muslims, for they are the ones that intermingle with the Muslims. Ahlul Dhimmah (under the protection of the Muslims) and Ahlul ‘Ahd (under the covenant of the Muslims), those who pay the Jizyah (tax paid by certain non-Muslims in exchange for their protection), they are the ones Allah commanded for us to abstain from if they give the Jizyah.

{حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَن يَدٍ وَهُمْ صَاغِرُونَ}
“Until they pay the Jizyah with willing submission, and feel themselves subdued.”

They are the ones that if they intermingle with the Muslims then they are to be treated in accordance to this Hadith. They should not be initiated with giving Salaam, and if they start first then they should be responded with “Wa‘alaikum” as has come in another Hadith, the Prophet (ﷺ) said:
(إذَا سَلَّمَ عَلَيْكُمْ أَهْلُ الْكِتَابِ فَقُولُوا: وَعَلَيْكُمْ)
“If the people of the Scripture greet you, then you should say (in reply), 'Wa'alaikum (And on you).”

And they are also the ones that you can force to go to the narrowest part of the road as they are under the protection and covenant. So if you find him on the road then the Muslim walks in the middle of the road whilst the Jew and Christian walk on the sides. So the intent of this Hadith is Ahlul Dhimmah.


Original Fatwa:
https://t.me/ibnhezam/15900

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