1) Al-Hazimy stated in, “Al-Nasikh wal-Mansukh”: Scholars held different opinions with regard to this matter.
A group agreed on the prohibition of seeking the help of the Mushriks, such as Ahmad; they adhered to the Hadith of `Aishah which was previously mentioned (in that hadith a Mushrik wanted to join the Muslim in the Battle of Badr but the Prophet refused his help untill he became Muslim).
They stated that the other hadith which contradict this hadith are not as authentic as this one. Therefore, the claim that this hadith was abrogated is disqualified.
A group held the view that it is permissible for a Muslim leader to permit the Mushriks to fight with them on two conditions:
First, if the Muslims are few in number and seeking the help of the Mushriks becomes necessary.
Second, it is permissible to allow the Mushriks who are trusted with Muslims’ affairs.
It is recorded that Al-Shafi`y said, “The Hadith in which Malik narrated that the Prophet (peace be upon him) refused to seek the help of the Mushriks in battle was on the occasion of the Battle of Badr.
However, in the Battle of Khaybar years after the Battle of Badr, the Prophet (peace be upon him) sought the help of the Jews from Banu Qaynuqa`.
In the Battle of Hunayn, which took place in 8 A.H., he sought the help of Safwan ibn Umayyah when he was a Mushrik.
If the Hadith narrated by Malik by Malik indicates that the Prophet (peace be upon him) was free to choose between seeking the help of the Mushriks or refusing their help, and that he would even refuse to seek the help of a Muslim if he doubts it, then the two Hadith will not be in conflict with each other.
If, however, it [the Hadith narrated by Malik – which is the Hadith of Aishah previously mentioned] indicates that the Prophet (peace be upon him) refused the man’s desire to participate with them in battle because the latter was a Mushrik, the answer will be that this Hadith was abrogated by the other Hadith which showed that he sought their help afterwards.
It is permissible to seek the help of Mushriks to fight against other Mushriks, if they are willing to help.
It is not permissible to give them a share of the booty as it was not authentically reported that the Prophet (peace be upon him) did so.
Al-Shafi`y said, “He (peace be upon him) might have refused to let the Mushrik participate in the Battle of Badr, hoping that he would embrace Islam.” He also added that it is permissible for the Muslim leader to turn down a Mushrik or to give him permission. The opinion of Al-Shafi`y wa transmitted by Al-Bayhaqy.”
2) Imam Sanani said after bringing the Hadith of Aishah (radiyallahu anha) regarding the Mushrik who followed Rasulullah (sallallaahu alayhi wa sallam) in the day of Badr: “Return, I will never seek help from a Mushrik”:
“And the Hadith is from the proofs of those who say that it is not allowed to seek help from the Mushrikin in fighting and it is the saying of a group from the people of knowledge.
And the al-Hadwiyyah and Abu Hanifa and his companions went to the (opinion) of allowing it ((my words -Abdul Kareem Ibn Ozzie) after reading what is to come it’s clear Abu Hanifa only allows allying with the kuffar against other kuffar with the condition the kuffar are under Muslim rule).
They say because Rasulullah (sallallaahu alayhi wa sallam) took help from Safwan bin Umayyah in the day of Hunayn and sought help from the Jews of Banu Qaynaqa and gave them some of the booty.
It was narrated by Abu Dawud in al Marasil and Tirmidhi narrated it from az-Zuhri as mursal and the mursals of az-Zuhri is weak.
Imam Adh-Dhahabi said ‘because he was a person who makes many mistakes, thus in his narrations there are doubtful matters and tadlis (misrepresentation resulting from a hadith narrator who provides misleading information about his shaykh or the chain of narration).’
And Bayhaqi declared authentic from the Hadith of Abu Humayd as-Sa’idi that verily he (sallallaahu alayhi wa sallam) returned them (the Jews of Banu Qaynaqa).
The different narrations can be reconciled by the assumption that the Prophet (peace be upon him) sent back the Mushrik on the Battle of Badr, because he (peace be upon him) felt that he would embrace Islam; so he sent him back hoping that he would accept Islam and he was correct.
It might also mean that seeking the help of Mushriks is prohibited but the Prophet (peace be upon him) gave rukhsah (concession) and this opinion is the closest view.
He (peace be upon him) sought the help of Mushriks in the Battle of Hunayn (which was many years after the Battle of Badr in which the prophet turned away the Mushrik) in return for a share of the booty.
Al-Hadawiyyah stipulated that the Imam should have with him a group of Muslims who can execute the rulings (i.e. (My words – Abdul Kareem Ibn Ozzie) Muslim ruler must make sure his army should comprise of some Muslims not just all kuffar due to him getting kuffar alone to fight other kuffar on the Muslims behalf).
It is reported in Sharh Muslim (the explanation of Saheeh Muslim) that Al-Shafi`y said, “It is permissible to seek the help of the Mushriks who are trusted with the Muslims’ affairs when necessary, otherwise it is disliked.” (i.e. (my words – Abdul Kareem Ibn Ozzie) it’s disliked to use kuffar against other kuffar if their is no need to use the kuffar or the kuffar think bad about the Muslims).
Accordimg to ijma (consensus of scholars), it is permissible to seek the help of the hypocrites for the Prophet (peace be upon him) sought the help of `Abdullah ibn Ubay (he was the head of the munafiqoon in Madeenah at the time of the prophet) and his people (those who followed him).”
Ref: Subulu’s-Salam, 4/49-50
3) Hubayrah, the Vizier, stated in his book, “Al-Ifsah `an Ma`any Al-Sihah” (vol. 2, p. 286):
Scholars held different views regarding seeking the help of the Mushriks to fight against the enemies.
Malik and Ahmad maintained that it is not permissible to seek the help of the Mushriks at all.
However, Malik added that it is permissible to seek their help if they are in the service of the Muslims (i.e. the kuffar are under Muslim ruler so they work for the Muslims in the army).
Abu Hanifah believed that it is permissible to seek their help absolutely if they are under Islamic rule; otherwise it is disliked (or haraam) to use them.
Al-Shafi`y said that it is permissible to seek the help of Mushriks but on two conditions:
First, the Muslims are few in number while the Mushriks are great in numbers.
Second, the Mushriks hold good opinions about Islam and are inclined to it.
There is no harm in taking their advice but they should not receive a share of the booty.
However, Ahmad in one of his two narrations said that it is permissible to give them (the kuffaar) share of the booty (if they aid the Muslims in fighting other kuffar).
Al-Shafi`y said: If they were hired, they should be paid from the money which has no owner. He also said that they should be given from the spoils.
Al-Wazir said: I believe that this case should be treated exactly the same as the cases of Jizyah (poll tax required from non-Muslims living in an Islamic state) and Kharaj (tax on agricultural land).”
4) Ibn Qudamah said: “From Ahmad it is permissible to ask help from the disbelievers ((my words – Abdul Kareem Ibn Ozzie) This view of Imam Ahmads was earlier in the article contradicted by another view attributed to him by another scholar previously in this article. So maybe narrated from him were two different views on this matter. One allowing allying with kuffar against other kuffar and one not allowing allying with the kuffar against other kuffar and Allah knows best).
In fact it is Ahmad’s opinion that the Kafir has a share in the booty if he participated in the expedition under the Imam. He went outside of the opinion of the majority which does not allow him a share.” (al-Mughni, 8/414
5) Imam Nawawi (may Allah be merciful to him) stated in his book, “Sharh Sahih Muslim”, (vol.12, pp.198-199), “The Hadith narrated on the authority of `Aishah (may Allah be pleased with her) that the Prophet (peace be upon him) set out to Badr, and when he reached Harrat-ul-Wabarah which is four miles from Al-Madinah and the Prophet (peace be upon him) said, “Go back for I will not seek the help of a Mushrik.”
According to another Hadith, the Prophet (peace be upon him) sought the help of Safwan ibn Umayyah before the latter embraced Islam;
So a group of scholars based their argument on the first Hadith in general (thus they held it is absolutely impermissible to seek help from some Kuffar against other kuffar).
Al-Shafi`y and other scholars said that it is permissible to seek the help of disbelievers, if they offer good advice to Muslims and when it is necessary; otherwise it is disliked (or haraam).
The two Hadith are interpreted with this meaning (i.e. (My words – Abdul Kareem Ibn Ozzie) the correct understanding of both seemingly contradictory hadeeth on this issue is; that it is permissible to seek the help of kuffar against other kuffar if it is necessary and those kuffar offer good advice to the Muslims).
((My words – Abdul Kareem Ibn Ozzie) next point is Imam Nawawi view which was previously contradict in this article by a view mentioned to be (one) of Imam Ahmeds views on giving war booty to kuffar who particpate in a war woth the Muslims against other kuffar.)
However, if a disbeliever is given permission to participate, he should not receive a share of the booty. Allah knows best!”
Posted by Abdul Kareem Ibn Ozzie