JIHAD SECTION · 108 – How is a Muslim Treated Who Spies on the Reckoning of Non-Believers?
Ubaydullah ibn Abi Rafi, who was the scribe of Ali (may Allah be pleased with him), narrated:
I heard Ali (may Allah be pleased with him) say that the Messenger of Allah (peace and blessings be upon him) sent him, Zubayr, and Mikdad saying, "Go to the apricot orchard. There is a woman there with a letter. Retrieve the letter from her."
So we set out, urging our mounts. We arrived at the orchard. Then the woman appeared before us. We said to her, “Bring us the letter.” She replied, “There is no letter with me.” I said, "Either produce the letter or we will search your garments." She drew it from amongst her locks of hair. We brought it to the Messenger of Allah (peace and blessings be upon him). And behold, it was a letter from Hatib ibn Abi Balta, written to the polytheists. He was informing them about the affairs and preparations of the Messenger of Allah (peace and blessings be upon him).
The Messenger of Allah (peace and blessings be upon him) said, “O Hatib, what is this?” Hatib replied, "O Messenger of Allah, do not hasten to judge me. I am not from the tribe of Quraysh. I am a man grafted onto Quraysh through an agreement. The people of Quraysh have relatives in Mecca and protect their families. Since I have no relatives there, I wanted to do a kindness for the Quraysh so that they might protect my relatives through that connection. I swear by Allah, O Messenger of Allah, that I harbor neither disbelief nor a tendency towards it.”
The Messenger of Allah (peace and blessings be upon him) said, “Hatib has spoken truthfully to you.”
Omar (may Allah be pleased with him) said, "Let me go, O Messenger of Allah (peace and blessings be upon him), so that I may strike the neck of this hypocrite!"
The Messenger of Allah (peace and blessings be upon him) replied, “How do you know that he deserves to be killed? The people of Badr have been granted amnesty because Allah knows their situation. He said, ‘Do as you wish. I have forgiven you.’” [451]
**Explanation:**
This hadith is evidence that if a spy is Muslim, they are not to be killed.
According to the Hanafi school: A Muslim writes a letter to the enemy and reveals some state secrets; he is punished by being harmed and imprisoned for a long time. According to Awza'i: The Imam inflicts punishment on him as a deterrent and exiles him. If he is a dhimmi, he has already violated his covenant.
Malik: Leaves it to the Imam’s ijtihad (independent reasoning).
Shafi’i: If the one who did this did so out of ignorance, he is forgiven. If he is not ignorant, the Imam punishes him according to discretion.
The hadith also provides evidence that when a person is to be executed, testimony must be presented to prove his right, and that in the case of a woman, it is permissible to look under her garments. It also indicates that a person with the authority of ijtihad may call a Muslim a hypocrite without being considered a slanderer.
Ali (may Allah be pleased with him) narrated:
The story which was mentioned previously was related. It is said that the caller rose from the assembly and wrote to the people of Mecca, “Muhammad (peace and blessings upon him) is mobilizing against you for war.” The narration states: "The woman said, 'There is no letter with me.'" We then investigated and did not find a letter with her.
Ali said: I swear by Him who has power over Ali, that I would either kill you or extract this letter. The narrator continued the account.
EXPLANATION
[Regarding the word] *intehaynêhâ*: Some recensions have it as *fentecefnâ*, and others as *feenehnâ*.