بسم الله الرحمن الرحيم
SHARH OF THE 40 HADEETH OF IMAM AN NAWAWI: HADEETH NUMBER 39
05-12-2012 (Night Dars)
HADEETH NUMBER 39:
الحديث التاسع والثلاثون
«عن ابن عباس رضي الله عنهما أن رسول الله صلى الله عليه وآله
وسلم قال إن الله تجاوز لي عن أمتى الخطأ والنسيان وما اسكترهوا عليه» .
حديث حسن رواه ابن ماجة والبيهقي وغيرهما.
On the
authority of Ibn Abbas (RA), that the Messenger of Allah (ﷺ) said: Verily Allah has pardoned [or been lenient with] for me
my ummah: their mistakes, their forgetfulness, and that which they have been
forced to do under duress. [A hasan hadith related by Ibn Majah, and
al-Bayhaqee and others]
By
looking at the hadeeth you can tell the sharh will be lengthy
-because the last sentence is a chapter by
itself
This
hadeeth is talking about usool ul fiqh
-because
it is talking about mistakes
According
to Shari’ah law, a mistake is when you assumed a thing to be halal
-when it is haram
-this clearly indicates that Shari’ah is a
system that is merciful
-because in darul harb when you commit a crime
by mistake
-they will tell you ignorance of our law is no
excuse
-so they don’t believe in the excuse of
ignorance
-and the taghoot are fanatical about their
laws; they are Khawarij
On the
authority of Qataada who said: “A woman slept with her male servant and cited
an ayah of the Holy Qur'an as her evidence for her action. ‘…or the (female)
slaves whom their right hands possess…’ (An-Nur 24:31). This woman was brought
to Umar ibn al-Khattab (RA) by a group of Sahabas who complained to Umar that
she misinterpreted a verse from the Holy Qur’an and slept with her male
servant. Umar commanded that the male servant should be sent away for a year
and he was beheaded. He then said to the woman you are now haram for all
Muslims.” [Tafseer al-Tabari (9/586) No. 11277]
When
Umar (r.a) was the caliph, a woman slept with her slave boy
-because
she thought he was her concubine
-Umar
pardoned her because of this
Forgetfulness
is when you think you performed an act
-when in the actual sense you did not
-e.g. you slept for many hours and forgot to
perform a salah
-Allah (سبحانه وتعالىٰ) won’t hold you
accountable for that salah on judgment day
WHAT IS
THE MEANING OF INSAAN?
-it means a person who is
forgetful
-it also means Human beings
-and because of this Allah forgives us for
things we did out of forgetfulness
-because we are forgetful by nature
-Allah (سبحانه وتعالىٰ) said when we borrow
money we should write it down
-because people kill each other because of
money
-and so the longest ayah in the Qur'an is
talking about money
O you
who believe! When you contract a debt for a fixed period, write it down. Let a
scribe write it down in justice between you. Let not the scribe refuses to
write as Allah has taught him, so let him write. Let him (the debtor) who
incurs the liability dictate, and he must fear Allah, his Lord, and diminish
not anything of what he owes. But if the debtor is of poor understanding, or
weak, or is unable himself to dictate, then let his guardian dictate in
justice. And get two witnesses out of your own men. And if there are not two
men (available), then a man and two women, such as you agree for witnesses, so
that if one of them (two women) errs, the other can remind her. And the
witnesses should not refuse when they are called on (for evidence). You should
not become weary to write it (your contract), whether it be small or big, for
its fixed term, that is more just with Allah; more solid as evidence, and more
convenient to prevent doubts among yourselves, save when it is a present trade
which you carry out on the spot among yourselves, then there is no sin on you
if you do not write it down. But take witnesses whenever you make a commercial
contract. Let neither scribe nor witness suffer any harm, but if you do (such
harm), it would be wickedness in you. So be afraid of Allah; and Allah teaches
you. And Allah is the All-Knower of each and everything. (Al-Baqarah 2:282)
WHAT IS
DURESS (IKRAAH)
-this is when you are forced to do something
-the conditions for ikraah are 4:
1. THE
PERSON WHO CARRIES OUT THE THREAT SHOULD HAVE THE POWER TO EXECUTE IT
2. THE
PERSON WHO WAS THREATENED SHOULD BE WEAK AND INCAPABLE OF ESCAPING THE THREAT
3. THE
THREAT MUST BE REAL
4. THE
THREAT MUST ME IMINENT
Ikraah
can be in the form of imprisonment
-this is according to Imam Shafi'i
-so if the taghoot threatens you with life
solitary imprisonment, this is ikraah
-because oppression is worse than slaughter
-and this is the correct opinion
...And
Al-Fitnah is worse than killing... (Al-Baqarah 2:191)
Ikraah
also comes in the form of threats to kill
-if
the taghoot threatens to kill you, you are under duress
According
to imams Malik, Shafi'i and Ahmad ibn Hanbal,
-the
threat of losing your property is ikraah
-but
Abu Hanifa said no because when Suhayb Ar-Rumi (r.a) was migrating
-the
kuffaar took all his wealth
-this
man left all his wealth in Makkah to be able to migrate
-the
prophet (ﷺ) said Suhayb is the successful one
Ikraah
also comes in the form of threat to cut off your body parts and torture
-when they kidnap your kids
and threaten to kill them is also ikraah
It also
comes in the form of beating
-because Ammar (r.a) was beaten by Quraish
-and he renounced Islam by his tongue
-so Allah revealed:
Whoever
disbelieved in Allah after his belief, except him who is forced thereto and
whose heart is at rest with Faith but such as open their breasts to disbelief,
on them is wrath from Allah, and theirs will be a great torment. (An-Nahl
16:106)
So the
matter of ikraah was discussed by the scholars
-what Ammar did was taqiyyah (deception)
-this is to say with your tongue the opposite
of what is in your heart
-the Prophet (ﷺ) said:
Narrated
Ka'b ibn Malik: When the Prophet (ﷺ) intended to go on an expedition, he
always pretended to be going somewhere else, and he would say: "War is
deception". [Abu Dawud 2629, Tirmidhi 1681, Ahmed 14312]
Taqiyyah
is an integral part of our deen
ويذكر عن أبي الدرداء: إنا لنكشر في وجوه أقوام، وإن قلوبنا لتلعنهم
Abu
Darda said: “We will smile at some people but our hearts will curse them.” [Sahih
Bukhari (8/31)]
So the Muslims
living in darul harb having to interact with them in college and university
-can smile with them while having enmity in
their hearts for them
-this is called taqiyyah
وقال الحسن: التقية
إلى يوم القيامة
Al-Hasan
said: “The Taqiyyah is allowed until the Day of Resurrection.”
[Sahih
Bukhari (9/19)]
Taqiyyah
is to deceive the kuffaar
-and
when you practice this with the kuffaar
-you
are not a hypocrite
Many Muslims
don’t know they are allowed to do taqiyyah
-and
so they can’t fit in the society
-in
this case you should make hijrah
Therefore
you can do taqiyyah when:
1. Your
wealth is threatened
2. Your
family is threatened
3. You
are threatened imprisonment and torture etc.
-so if
you utter words to escape imprisonment of the kuffaar
-you
did not do anything wrong because fitna is worse than slaughter
...And Al-Fitnah is worse than killing... (Al-Baqarah
2:191)
When the
scholars of Islam discuss the story of ikraah
-they
quote the story of Imam Ahmad and Yahya ibn Ma'een
-Ma'moon
was a Mu’tazilite and an Abbasid caliph
-his
aqeeda was that the holy Qur'an was created
-this
is wrong and we don’t agree with it
from
Ali bin al-Hasan al-Kuraa'ee who said: Abu Yusuf said: I debated Abu Hanifah
for six months, and then our view became united that the one who said the
Qur'an is created is a kaafir. [Adh-Dhahabee brings with a good (jayyid) chain
of narration, as occurs in Mukhtasar al-Uluww (p. 155)]
-the scholars
of ASWJ said that those who believe the Qur'an was created are kuffaar
Imam
Shafi (rahimaullah) said,”Whoever says that the Qur’an is created is a kaafir” [Masail
Abu Dawood Pg 262, sanad is Saheeh]
Imam
Ahmad ibn Hanbal said, “Whoever says that the Qur’an is created is a kaafir; do
not say Salam to him, neither pray behind him nor sit with him.”
[Masail
ibn Hani Pg 154 Vol.2 fekrah 1863]
This
caliph used to beat anyone who denied his aqeeda
-therefore
your aqeeda affects your Shari’ah directly and they are inseparable
-Imam
Ahmad was doing ikraah but still did not abandon his creed
Ma'moon
used to beat anyone who denies the Qur'an was created
-and he beat Imam Ahmad until
he became weak and sick
Imam
Malik was also punished by Mansoor
-he
asked him to pass a dodgy fatwa but the imam refused
-and
so he dragged his arms out and so
-he
prayed for many months with his hands by his sides
-he
was under ikraah but still did not abandon his creed
Another
scholar went to visit Imam Ahmad in his sick state and gave him salaam
-but Imam Ahmad refused to return his salaam
-he did so because this man had fallen into
fitna
When Imam
Ahmad turned his face away from him he quoted the story of Ammar
-and this answer made imam
Ahmad speak to him
-but the imam told him that you did not quote
the whole story
Ammar
was passing by the people of Quraish
-who were speaking badly of the
Prophet (ﷺ)
-so he defended his honour and this made them
beat him up
-when he was about to die he renounced Islam
with his tongue and this is the ruling
Whoever
disbelieved in Allah after his belief, except him who is forced thereto and
whose heart is at rest with Faith but such as open their breasts to disbelief,
on them is wrath from Allah, and theirs will be a great torment. (An-Nahl
16:106)
He was
being beaten severely that was why he did taqiyyah
-not because he was afraid of punishment
When Imam
Ahmad said these to Yahya ibn Ma'een
-he
said the former has spoken the truth
-and
he said he has never seen any man more knowledgeable by Imam Ahmad
-and
so Imam Ahmad refused to accept that the Qur'an is created
-even
after he was beaten so badly
So
according to the rules of ikraah
-we can do taqiyyah if our life, property,
body parts are threatened
-if you are asked to drink alcohol with a gun
at your head you are allowed to do so
-but a scholar did not agree that you can
commit adultery under duress
-and all the scholars did not agree for you to
do sodomy and murder
-even with a gun at your head
-SO IKRAAH DOES NOT COVER ADULTERY, MURDER AND
SODOMY
WHAT
ABOUT THE PERSON WHO REVEALS THE SECRETS OF THE JAMAA'A UNDER IKRAAH?
-if you were locked up by the taghoot and they
cut off your body parts
-to give information about the ummah,
-you are allowed to lie to them because war is
deception
There
are people out there who say you are to forgive the person
-who
reveals the information of the mujahideen under ikraah
-quoting
the incident of Haatib ibn Abi Balta'
Narrated
By 'Ali: Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed
till you reach Rawdat Khakh where there is a lady carrying a letter, and take
that (letter) from her." So we proceeded on our way with our horses
galloping till we reached the Rawda, and there we found the lady and said to
her, "Take out the letter." She said, "I have no letter."
We said, "Take out the letter, or else we will take off your
clothes." So she took it out of her braid, and we brought the letter to
Allah's Apostle. The letter was addressed from Hatib, bin Abi Balta'a to some
pagans of Mecca, telling them about what Allah's Apostle intended to do.
Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O
Allah's Apostle! Do not make a hasty decision about me. I was a person not
belonging to Quraish but I was an ally to them from outside and had no blood
relation with them, and all the Emigrants who were with you, have got their
kinsmen (in Mecca) who can protect their families and properties. So I liked to
do them a favor so that they might protect my relatives as I have no blood
relation with them. I did not do this to renegade from my religion (i.e. Islam)
nor did I do it to choose Heathenism after Islam." Allah's Apostle said to
his companions." As regards him, he (i.e. Hatib) has told you the
truth." 'Umar said, "O Allah's Apostle! Allow me to chop off the head
of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed
the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked
at those who witnessed Badr and said, "O the people of Badr (i.e. Badr
Muslim warriors), do what you like, for I have forgiven you. "Then Allah
revealed the Sura: "O you who believe! Take not my enemies And your
enemies as friends offering them (Your) love even though they have disbelieved
in that Truth (i.e. Allah, Prophet Muhammad and this Quran) which has come to
you... (To the end of Verse)... (And whosoever of you (Muslims) does that, and
then indeed he has gone (far) astray (away) from the Straight Path."
(60.1) [Al-Bukhari (3007) and Muslim (2494)]
The
MADkhalis use this story to spy for the MI 5
-they take the story out of context and spin
it around
When you
are under duress, you can be like Ammar and do taqiyyah
-or be like Bilal who refused to do so
-so you have 2 stances
-One of Bilal and one of Ammar
-both stances are permissible because they
were praised by the prophet (ﷺ)
-and you are not to criticize any one of them
Abdullah
ibn Hudhaifa as Sahami was captured by a Roman king
-he asked him to renounce Islam and become a Christian
and marry the king's daughter
-he refused to do so
-so the king took out the Muslim prisoners in
his prison and threw them in hot oil but this didn’t make him break
When he was
taken to be thrown in the hot oil
-he
started to cry and the kuffaar thought that they got him
-when
he was asked why he cried
-he
said he only has one life to die for Allah ((سبحانه وتعالىٰ))
-and
he wished he had many lives to give for the sake of Allah ((سبحانه وتعالىٰ))
-so
the king realized this man will never turn back from his deen
-so he
asked him to kiss his forehead and he will free all the Muslims
-he
kissed the king and Umar (r.a) asked all the sahabah present in Medina to kiss
this man
So he took the same stance as
Bilal
-he refused to apostate from Islam
Sumaiya
(r.a) who was the first shaheed in Islam also took the stance of Bilal
-she spat at Abu Jahl when he asked her to
apostate
-and he stabbed her in her private parts
-her husband Yaasir also took the same stance
and did not apostate
-so the scholars of Islam gave these 2 options
-the ball is in your court
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