Dharurah and Coercion
http://darultavhid.com/en/forum/index.php?topic=2421.0
Sarakhsi
Sharh as-Siyar al-Kabeer, 4/118 #2756
The Chapter of the One Who is compelled to Drink Wine and Eat Pig
By (Imam Muhammad) mentioning the narration of Ataa regarding the man who was
compelled to consume wine and the flesh of the pig, it was said: 'If he does
not do it and he was killed, then he will have obtained better (khair). However
if he eats and drinks, he is excused. Nevertheless our view is not as such.
According to us 'It is not allowed to leave eating and drinking upon the fear
of being killed', This is also the view of Masruq, so surely he said: 'Whoever
is compelled, but does not eat and does not drink, if he dies, he enters
Jahannam'. According to a narration Abu Yusuf (ra) took the view of Ataa, and
he made this an analogy of being forced to commit Shirk with Allah (swt). We
rather say: 'Surely the prohibited is dispelled in times of dharurah; so surely
Allah (awj) made an exclusion in the occurrence of harm, due to His saying:
“…except if you are compelled to (do so)” (al-Anam 6/119) The exception in
haraam is being mubah. Meaning the
thing which is excluded from haraam becomes mubah. After the prohibition is
dispelled, eating such thing is like eating and drinking halal. If he refuses
to eat and is killed, he has sinned. However the prohibition of kufr is not
dispelled, and rather the lightening (of the command for Tawhid) for him is the
part (where) speech of kufr is upon the tongue (only) with tranquility of the
heart in Belief- so it is in the abstention (from uttering kufr) that is
clinging to the resolve, and partly he is one who is authorized with a
lightening (of the prohibition to commit Shirk); and the clinging with resolve
is more rewarded, except that in the Book there is no unloosening the answer in
his having sinned (in the case of kufr), and rather he said: 'I fear that he
has merely sinned', because the one who is forced is not like the one who was
afflicted with starvation from every (possible) direction. Here the fear of
being ruined becomes by the hands of the
slaves. In a matter which is the right of Allah that which the slave does and
does not do are not one. And in situations where the kafir is coercing
resistance shows faithfulness in deen and aggravates the kuffar. This is not
present in the individual whos life is being threatened with starvation. It has
been found suitable to say 'I fear that he has sinned' regarding him. Allah is
the One Who Grants Success.
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