O Saudi Rulers: Spilling Children’s Blood in Yemen is Worse than Destroying the Ka’bah

On Sunday 14/08/2016, the Doctors Without Borders organisation reported that 10 children had been killed in Yemen and 28 others had been wounded, all of whom were under the age of 15, in an attack undertaken by the Saudi-led Arab coalition upon a school for Quran memorisation in the Haidan region of North Yemen.

This heinous crime took place with the blessing of the United Nations after the Saudi-led Arab coalition in Yemen was removed from the blacklist in their annual report about children and armed conflict. This granting from the UN came with the argument of Saudi’s support for ‘legitimacy’ in Yemen, the support it provides to the democratically elected President Abd Rabbuh Mansur Hadi and the provision of humanitarian assistance to the country. That is in despite of the ugliness of the cases and the numbers mentioned in UN reports which reveal the crimes of the Saudi-led Arab coalition against the children in Yemen.

The children of Yemen are paying a huge price as a result of this colonialist struggle over their land. However, what makes the matter even more alarming is that they are being killed, displaced and starved by the hands of the rulers of Saudi, a Muslim land and the place of the House of Allah Al-Haraam and the Qiblah of the Muslims, which the rulers of the Saudi family pride themselves in serving and covering in silk due to its sanctity and greatness before Allah. However, is not the sparing of the blood of the Muslims greater with Allah than serving His House Al-Haraam in accordance to the Hadeeth of the Messenger of Allah ﷺ:

«لهدم الكعبة حجرا حجرا أهون عند الله من سفك دم امرئ مسلم»

“Verily the destruction of the Ka’bah, rock by rock, is lighter to Allah than the spilling of the blood of a Muslim”.

However, the rulers of the family of Saud do not exalt the Command of Allah, do not extol it and they do not give any weight to the blood of the children of Yemen. Rather, they themselves are engrossed in the shedding of the blood of innocents under the pretext of fighting terrorism and spreading security and peace in the region!

This is whilst it was the Saudi representative to the UN Abdullah El-Muallami who stated, “The Houthis and the supporters of the ousted Saleh are those who have recruited the children and shoved them into this war”. It is as if he intends by this statement that the Houthis and Saleh are those who are killing the children in order to justify their actions! However, it is a justification that has no weight, since the crime has been committed and the gravity of this crime is grave being compared to the destruction of the Kaa’ba as being easier…had they any sense…

The suffering of the children of Yemen resembles the suffering of the children in Iraq, Afghanistan, Burma and Shaam… since the suffering is one even if the executioners number many. However, what makes this more terrible and horrendous is that both the killer and the killed are Muslims upon Muslim land. Yes, the fighter planes take off from the land of the Haramain Ash-Shareefain, loaded with weapons and bombs, not to liberate Al-Aqsa from occupation or to come to the aid of the honour of Muslims in Shaam, but rather to wipe out children who are reciting the speech of Allah, in front of the eyes and ears of the international community, its institutions and its Fatwaa councils and committees. And how great is the crime when the spilling of the blood of the Muslims is for the sake of democracy and the governance of the disbelieving systems.

O ‘Ulamaa in the Land of the Haramain Ash-Shareefain:

O ones who memorise the Book of Allah and recite it throughout the night and the day, in the midst of the Ka’bah and its outskirts. Have you not heard the speech of Allah ‘Azza Wa Jalla in Surah Al-Ma’idah:

مِنْ أَجْلِ ذَٰلِكَ كَتَبْنَا عَلَىٰ بَنِي إِسْرَائِيلَ أَنَّهُ مَن قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا وَلَقَدْ جَاءَتْهُمْ رُسُلُنَا بِالْبَيِّنَاتِ ثُمَّ إِنَّ كَثِيرًا مِّنْهُم بَعْدَ ذَٰلِكَ فِي الْأَرْضِ لَمُسْرِفُونَ

“Because of that, We decreed upon the Children of Israel that whoever kills a person not in retaliation of murder, or (and) to spread mischief in the land, it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind. And indeed, there came to them Our Messengers with clear proofs, evidences and signs, even then after that many of them continued to exceed the limits”

(Al-Ma’idah, 5:32)

The ’Ulamaa (scholars) are the inheritors of the Prophets and the inheritance of the Prophethood means commanding the Ma’roof and forbidding the Munkar. So speak the word of truth in respect to your rulers, fight against their oppression and do not fear in the way of Allah the blame of the blamer (i.e. any consequences).

O Rulers of the family of Saud:

Take note and remember the speech of Allah Al-Qawwi Al-Jabbaar in Surah As-Saffaat:

وَقِفُوهُمْ إِنَّهُم مَّسْئُولُونَ

“And stop them, verily they are to be questioned”

(As-Saffaat: 24)

The first that you will be questioned about before Allah on the Day of Judgement is the blood of the people of Yemen that you are shedding without any right, as the Messenger of Allah ﷺ said:

«أول ما يُقضى بين الناس بالدماء»

“The first (matter) that will be judged amongst the people will be the blood”.

O Officers and Muslim Soldiers:

The time has come for you to rise up against the rulers of harm. That is because the children of Yemen are your children, their blood is your blood, their lives are your lives and Allah has made the shedding of it Haraam. The time has come to cut the hand of the colonialist that runs the lands of Islam and the hands of the criminal regimes of harm that serve them. And that will never occur except by the resumption of the Islamic life via the establishment of the Khilafah State (Caliphate) upon the methodology of the Prophethood.

أَلَمْ يَأْنِ لِلَّذِينَ آمَنُوا أَن تَخْشَعَ قُلُوبُهُمْ لِذِكْرِ اللَّـهِ وَمَا نَزَلَ مِنَ الْحَقِّ وَلَا يَكُونُوا كَالَّذِينَ أُوتُوا الْكِتَابَ مِن قَبْلُ فَطَالَ عَلَيْهِمُ الْأَمَدُ فَقَسَتْ قُلُوبُهُمْ وَكَثِيرٌ مِّنْهُمْ فَاسِقُونَ

“Has the time not come for those who have believed that their hearts should become humbly submissive at the remembrance of Allah and what has come down of the truth? And let them not be like those who were given the scripture before, and a long period passed over them, so their hearts hardened; and many of them are defiantly disobedient.”

(Al-Hadid: 16)

Women’s Section in the Central Media Office of Hizb ut Tahrir

Thursday, 15th Dhul Qi’dah 1437 AH

18/08/2016 CE

Issue No: 1437 AH / 048

UDHIYA - QURBANI

Udhiya (Qurbani)

 

 

What is Udhiya?

 

 

'Udhiya' is an Arabic word meaning "blood sacrifice", and 'Qurbani' is an Urdu and Persian word derived from the Arabic word "Qurban" which literally means an act performed to seek Allah Ta'ala's pleasure. It is technically used for the sacrifice of an animal slaughtered for the sake of Allah Ta'ala.

 

The sacrifice of an animal has always been a recognised form of worship in many religions, but in the 'Shariah' (Islamic sacred law) of The Last and Final Messenger of Allah Ta'ala (Peace be upon him) the sacrifice of an animal has been recognised as a form of ibadah (worship) during the three days of the month Zul Hijjah, namely the 10th, 11th, and 12th .

 

This is to commemorate the unparalleled sacrifice offered by the Prophet Sayyidna Ibrahim, Alayhi Salam, when he, in pursuance to a command of Allah Ta'ala conveyed to him in a dream, prepared himself to slaughter his beloved son, Sayyidna Isma'il, Alayhi Salam, and actually intended to do so, but Allah Ta'ala the Almighty, after testing his submission, sent down a sheep and saved his son from the logical fate of slaughter. It is from that incident that the sacrifice of an animal became an obligatory duty to be performed by every Muslim who has the means to do it.

 

On who is it obligatory?

 

Qurbani is Wajib (obligatory) on every Muslim who is

• Of sound mind - mature (has reached the age of puberty),
• Muqeem (i.e. he is not a Shari traveller)
• Possesses the amount of 612,36 grams of silver or wealth equivalent to that value which is in excess of one's basic needs and debts on any of the three days of Qurbani. It is not necessary that this amount be in one's possession for a complete lunar year. (please do consult your local Islamic Scholars for more details and exact value in your local currency)

 

What the Quran and Hadith says:

 

Allah Ta'ala Ta'ala, The Most Wise says:

 

"It is not their meat nor their blood that reaches Allâh, it is your piety that reaches Him. Indeed He has subjected them (animals) to you so that you may glorify Allah for guiding you, and give glad tidings to those who excel in good." (Quran-22:37)

 

The Noble Messenger of Allah Ta'ala(Peace be upon him) is reported to have said:

 

"For every hair that is on the sacrificial animal, one reward is recorded for the person making the Qurbâni."

 

"There is nothing dearer to Allâh during the days of Qurbâni than the sacrificing of animals. The sacrificed animal shall come on the Day of Qiyamah with its horns, hair and hooves (to be weighed in reward). The sacrifice is accepted by Allâh before the blood reaches the ground. Therefore sacrifice with an open and happy heart."

"Whoever has the capacity to sacrifice and does not do so, should not come to the place where the Eid prayer is offered." (Hadith-Ibn Majah).

 

Therefore if you have the means to do Qurbani, do not ignore this important part of Deen. There are many more details that relate to Qurbani which we have not covered in this brief article.

 

For a detailed article on the Laws & Virtues of Udhiya (Qurbani) please visit: http://eislaminfo.blogspot.com/2010/10/qurbaniudhiyya.html

 

If you still need more info regarding Qurbani please contact: admin@daruliftaa.net

Q&A: Beyond the Trilateral Summit in Azerbaijan!

Question:

On Monday, 08/08/2016 a trilateral summit was held that gathered for the first time presidents of Russia, Iran and Azerbaijan in Baku, the capital of Azerbaijan. The final declaration has mentioned several topics that were discussed, such as the relations between the three countries, the economic cooperation and the North-South corridor, as well as the fight against terrorism, the Syrian crisis, Afghanistan, drug trafficking, extremism, cross-border crime, illegal arms trafficking, human trafficking, etc …, all this in one day! Is this for media propaganda or is there a theme that was focused upon and the rest are just frills? Moreover, Iran and Azerbaijan follow the US policy, does this mean America has a role in this meeting? if so what is its goal in that?

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Answer:

Yes, it is not reasonable to focus on all this broad spectrum of topics in a session or two, and in a day or part of a day! But it seems that the economic issue is the goal of this summit, and in particular the establishment of the economic corridor (North-South transportation corridor) … and that America has the fundamental role in it, to distance Russia from China, and to economically exhaust it by occupying it in this corridor that extends from Russia to Azerbaijan, Iran, and the Gulf … To clarify this, we will present the following matters:

First: The other issues that were mentioned in the final declaration are not significant in the summit meeting … and we will explain this as follows:

1. As for Afghanistan, none of these three countries have any control in Afghanistan, instead the influential actor State there is America, for it dominants the Government of Afghanistan; therefore, mentioning Afghanistan in the declaration is of footnotes …!
2. As for cross-border crime and human trafficking, these are not the priorities of common interest to the mentioned countries to hold a summit…
3. As to the crisis in Syria, Russia and Iran need to coordinate with each other regarding Syria to avoid defeat. But the fact that Azerbaijan has no role in the Syrian crisis makes the summit not intended for this purpose. Specially that Azerbaijan is the one that called for the summit: “It is remarkable that this trilateral meeting held on Monday, is the first in this format proposed by the President of Azerbaijani during a telephone conversation with his Russian counterpart last February.” (Source: i24news, in 08/08/2016). This means that the summit that Azerbaijan called for it will not be on the Syrian crisis, where there is no role of Azerbaijan in it.
4. And as regards to the fight against terrorism, drugs and transit of arms and militants, especially between Azerbaijan and Russia, as a corridor for the Mujahideen to the Caucasus, as it was during the Chechen wars throughout the nineties of the twentieth century … Despite that Russia mentioned these at the summit, as reported by Russia Today on 08/08/2016: “President Vladimir Putin stressed during a trilateral meeting with his Iranian counterpart, President Hassan Rouhani, and President of Azerbaijan, Ilham Aliyev, on the need for more efficient efforts to prevent the transit of militants, weapons, drugs through the territories of the three countries. President Putin also called on Monday 8th August, to step up information-sharing between the three countries on the activities of terrorist organizations”. Still, Russia can resolve such issues bilaterally with Azerbaijan without the need for a summit involving the Iranian president. For the issue of “transit of militants and weapons” is a Russian Azerbaijani problem, because the passage of “militants” is usually through Azerbaijan … As to the topic of drugs from Afghanistan through Iran and Azerbaijan, though having an impact, but is not a priority to these countries in the current circumstances to hold a summit …

Second: Thus, the former issues, though having an impact, are not a reason to hold a summit between the three countries… Therefore, the remaining issue is the economic issue, which is the main purpose for holding this summit, in particular the establishment of the economic corridor (North-South corridor). To illustrate this, we point out what came in the declaration regarding economic matters, as well as the reported remarks on the subject:

1. It was stated in the final declaration “Russia, Iran and Azerbaijan will take measures on the development of transportation infrastructure, including the “North-South” international transportation corridor. The sides intend to support efforts to integrate regional transportation and communication opportunities aimed at creating an economically profitable and environmentally friendly transportation infrastructure… The parties intend to take effective steps for the development of transportation and communication infrastructure in order to improve the existing passenger and goods transportation capacity along with the “North-South” international transportation corridor …” It is also noted that Moscow, Tehran and Baku ‘intend to further contribute to the implementation of new projects on the connection of railways as a part of the development and improvement of the North-South international transportation corridor’s efficiency…’” (Russia Today, 09/08/2016)
2. Iranian President Rouhani talked about the purpose of the conference by saying to “promote broad development prospects of these countries.” (Al-Alam TV site, 08/08/2016).
3. Russian media reported on the most prominent goals of the conference. On 08/08/2016, Russian Sputnik Agency talked about major Russian Iranian project that will rival the Egyptian Suez Canal. The Russian agency reported, “The key topic on the agenda of the summit is to establish an international corridor linking North and South, this project will compete with the Egyptian Suez Canal, to some extent. The corridor will be 7,200 kilometers long and will link Northern Europe to India, and the Gulf States through Iran, Russia and Azerbaijan. Iranian Foreign Minister announced that this project serves the interests of the peoples of Iran, Azerbaijan and Russia and the interests of the entire region, where the project is going to provide a cost and time-effective alternative to the maritime route across the Suez Canal.”
4. As well as, Russia Today stated on 08/08/2016 that the Russian President reiterated before the summit that the trilateral cooperation between Russia, Iran and Azerbaijan will allow the implementation of a number of new projects in the Caspian region. Putin said, “We have a lot to talk about in this trilateral format.”

Thus, the main goal of this conference is the economic cooperation, in particular the North-South corridor, and it is given precedence over the economic projects on the Caspian Sea, because the rest of the countries along this sea were not invited to the Summit. Therefore, the discussion of this topic at the Summit was not for the actual implementation as much it was for future research, and this may be too farfetched, until an understanding with other coastal states of the sea is reached. Whereas, the corridor concerns the three countries, in particular that the Russian media highlighted it and that it will compete with the Suez Canal…

Third: As for the US role, it actually exists, and some of it does not require deep thinking to understand, while other needs scrutiny and depth … The first category could be easily understood from the fact that these three countries differ in reality. Russia is an independent country and has its own regional and international policies. While Iran and Azerbaijan both follow US policy, and the foreign policies of such states cannot be separated from US policy. In other words, creating a corridor from North to South to the Gulf on the shores of Iran is not separate from the American policies. This is regarding the first category, which can be easily understood without deep thinking. The second category, which requires depth and contemplation, can be understood by taking into account the following matters:

1. America noticed the difficult economic situation of Russia, so it ordered Azerbaijan and Iran to entice Russia with a huge economic project that exhausts the Russian economy. As is the American policy on the China side, preoccupying it with spending on massive projects such as the China’s economic corridor through Pakistan, the United States also wants to push Russia to spend on the new “North-South” corridor to strain its economy and force it to the debts of IMF and the World Bank, which America dominates them. And for all that it has ordered Iran and Azerbaijan to also spend on this project, the “Corridor”, to encourage Russia to proceed forward and engage in it.
2. While America is intensifying its policies in the Far East to prevent China from becoming a prestigious global force, and is fomenting trouble spots around China, it certainly realizes that the most dangerous thing in the Russian orientation towards Asia is Russia heading towards China. And if the American policy is to isolate China from strengthening by other major countries, then it certainly realizes that Russia is the most serious of those countries on the issue of rapprochement with China. And in the context of distancing Russia from China, America entices Russia with such a “North-South” corridor. In particular, that this economic corridor that crosses Azerbaijan and Russia is a twin-like with the Indian-Iranian economic corridor, which connects India nautically to Iran at the Iranian Chabahar port, as well as linking Iran to Afghanistan by land. This means that the new “North-South” corridor crossing Russia is to give more vitality to Indian economic corridor via cross-linking it to Northern Europe. Thus Russia appears on the side of India, the traditional enemy of China in South Asia, and consequently it divides between them. On the other hand, the integration of Russia in this economic corridor with Iran and Azerbaijan, will certainly limit the integration of Russia with China’s plans in the economic corridors, such as the Silk Road corridor … Overall, America sees a worrying orientation of Russia towards China, accordingly it pushes its followers in Iran and Azerbaijan to entice Russia with joint projects with them so that Russia distances itself from China and China distances itself from it…….

Fourth: In conclusion:

1. The purpose of the trilateral summit held in Baku on 08/08/2016 is an economic one and in particular the North-South corridor.
2. There is a significant role for America in the summit via Azerbaijan and Iran to involve Russia in the North-South Corridor project, in order to exhaust the Russian economy during the current crisis and to push Russia to become preoccupied with projects towards the South-West of Russia to Azerbaijan and Iran, rather than the orientation to the South-East of Russia towards China and then gradually isolating Russia from China…

11th Dhul Qi’dah 1437 AH

14/8/2016 CE

Q&A: Zakat on Debts

Question:

Assalamu Alaikum wa Rahmatullahi wa Barakatuh,

I work in one of the Palestinian universities, and often work overtime but we do not receive the overtime pay, rather it is held by the university as a debt they owe, and perhaps the credit of one for us (workers) may far exceed the quorum (nisab) of Zakat (due to years of overtime). And this debt is not considered a dead debt, but is recoverable, however the timing for receiving it is not known. For example, I did not receive overtime payment for four years yet; I do not know when I will receive it. Is there Zakat for this money or not? And if there is Zakat, is it payable in a lump sum when received, or is it for every year?

Note: Many of the instructors are puzzled on this issue and seek a comprehensive answer…. May Allah reward you.

From Ma’an Alsarsoor

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Answer:

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

I understand from your question that the entitlement for overtime pay is agreed with the university, that you deserve for this work a specific pay given to you upon completing the work, but if they do not give it to you at the time, it becomes debt on them … and it is not a “tip” or a bonus because you volunteered to do extra work, such that they give you what they want, a little or a lot, or not give you at all… If my understanding this is true, then the answer to your question is mentioned in the book of Funds in the Khilafah State (Al-Amwal fi Dowlat Al-Khilafah) in the following text:

(… Where a person is a creditor of a debt to a non-deferring rich person who is able to repay it at any time, it is obliged upon him to pay Zakat on that debt when a year passes over it. Ibn Obaid narrated from ‘Umar ibn Al-Khattab who said: “When Sadaqah becomes due, count your debts and what you have as one whole then pay its Zakat.” Uthman b. Affan said: “Sadaqah is obliged upon the debt which you could collect from the debtor if you want, and that debt which is on someone who delays repayment and you leave it due to shyness or as a favour; in it is Sadaqah.” Narrated by Abu Obeid, who also narrated from Ibn ‘Umar said: “On each of your debts in which you expect repayment you must pay Zakat whenever the year passes over it.”

However, where the debt is owed by a poor person in hard circumstances, or a deferring rich person, it is not obliged upon the creditor to pay its Zakat until it has been repaid. After it has been repaid he gives all that was obliged upon him over the years. Regarding a doubtful debt i.e. one in which the creditor is not sure if it will be resolved or not. Ali said: “If he is honest let him pay the Zakat once it has been restored for the period.” Narrated by Abu Obeid, who also narrated from Ibn Abbas said regarding debts: “If you don’t expect to receive it, don’t pay its Zakat until you get it. When you receive it, pay all that is upon it.”.) End of what was mentioned in the book Funds in the Khilafah State.

Accordingly, your pay which is withheld by the university as a credit for you on them, the Zakat on this pay is not necessary to be paid now, but it must be given when you receive your pay from the university because you do not know when you will take it. That is, you cannot request it from the university and take it from them whenever you want. As long as this is the case, the Zakat on this money becomes obligatory on you when you receive the pay and by then, you pay Zakat for the past years as from the time your money reached the Nisab (quorum) and a year has passed over it. That is, it is obligatory to pay Zakat for all the years after the passing of a year from owning the Nisab, and not only to pay its Zakat for one year, but for all the years after the Nisab passed a year…

I ask Allah to bless you in your money, family and children.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

03rd Dhul Qi’dah 1437 AH

06/08/2016 CE

The link to the answer from the Ameer’s Facebook page:

https://www.facebook.com/AmeerhtAtabinKhalil/posts/505904709606605:0

The link to the answer from the Ameer’s Google Plus page:

https://plus.google.com/100431756357007517653/posts/NdFSJGdWmTX

The link to the answer from the Ameer’s Twitter page:

https://twitter.com/ataabualrashtah/status/762929502829838337

Q&A: The Contrary Understanding (Mafhum al-Mukhalafah) of the Number

Question:

Assalamu Alaikum wa Rahmatullahi wa Barakatuh,

In the Mafhum – Mafhum al-Mukhalafah (contrary understanding) – on the subject of contrary understanding of the number that is acted upon to infer Hukm Shar’i, it was proved to apply on the following conditions: the condition of restriction by a specific number, and negating the rule before the stated number from what is beyond it such that the rational necessity (Lazim Dhihni) indicates it and it comes to the brain of a person. And the writer came with an example: the Hadith“إذا كنتم ثلاثة فأمرّوا أحدكم، أو واحد منكم”  “If you are three in a voyage, then appoint one of you over you as an Amir.”, and focused on the clarification to act upon Mafhum al-Mukhalafah of the number on number (one). Meaning that it is not allowed to have more than one. In the Noble Hadith of the Prophet: there is a mention of number (three), so is it acted upon? Or is it like the subsequent example, which is not acted upon and does not have Mafhoum al-Mukhalafah and does not come to mind what is less or more than it: (Give me the two Pounds that you owe me?) i.e the amount that you are indebted. This is considering the two is a group…

May Allah reward you best reward.

From Abu Loay

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Answer:

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

The question is on what is stated in the Islamic Personality Volume 3 when talking about Mafhum al-Mukhalafah under the Study of “Mafhum al‘adad (Implication of the stated number)”, there came the following:

“… But we should know here that Mafhum al-Mukhalafah of the number is only employed in one case, namely, whether the rule is restricted by a specified number, and it indicates proving that rule in the number and negating it in otherwise, or indicates negating the rule in the number and proving it in others, from the context of the speech, as is the case on the content of the speech (fahwa al-khitab) … So every rule restricted by a specified number, and its indication in proving that rule in the number and negating it in otherwise, or its indication in negating of the rule in the number and proving it in others, was taken from the context of the speech, so that the mind turns to it when hearing the word, then Mafhum al ‘adad in this case is acted upon. That’s such in the saying of the Prophet ﷺ: «إِذَا كَانَ ثَلَاثَةٌ فِي سَفَرٍ فَلْيُؤَمِّرُوا أَحَدَهُمْ»  “If three people set off on a journey, they should appoint one of them as an Amir.” (Narrated by Abu Dawood). The rule here, appointing an Amir, was restricted by a number which is one, and the context of the speech indicates what is meant is appointing one and not two, so its understanding was that it is not allowed the leadership (imarah) of more than one. Thus the context of the speech has indicated that the rule is restricted by this number, hence the Mafhum al-Mukhalafah of the number was acted upon … but if the context does not indicate it, as if one said to the person who has a debt: (Give me the two Pounds that you owe me) then it does not have Mafhum al-Mukhalafah, since it was not meant by the two pounds to restrict the rule in number, but it is the generalization of the absolute number, for the debt he has may be hundreds of dinars. This means that Mafhum al-Mukhalafah of the number is only acted upon if it fulfills two conditions: firstly, the restriction of the rule by a number, and the second is that the context of the speech indicates negation of the for other than the stated number.”

You do realize that the word “one” mentioned in the above Hadith employs the Mafhum al-Mukhalafah of the number which means Mafhum al-Mukhalafah (contrary understanding), and you ask for the word “three” in the same Hadith if it employs contrary understanding (Mafhum al-Mukhalafah) of the number i.e. contrary understanding or not?

The answer to that is that the word three “Thalathah” in the Hadith:«إِذَا كَانَ ثَلَاثَةٌ فِي سَفَرٍ فَلْيُؤَمِّرُوا أَحَدَهُمْ»  “If three people set off on a journey, they should appoint one of them as an Amir.” Employed on it the contrary understanding of the number as it is also with the word “one of them”, because the word “three” is a restriction just like the word “one of them”, if travelers are less than three i.e. they were two then they are not obliged to appoint one of them as an Amir on the other, because Mafhum al-Mukhalafah is acted upon, so when travelers are less than three it is not obliged to appoint one of them as an Amir…

It cannot be said here: they should not appoint someone as their Amir if they are more than three in accordance with Mafhum al-Mukhalafah of the number, we cannot say that because more than three is included within Mafhum al-Muwafaqah by greater reason (bab uwla), that is drawing attention to the minimum for a greater or larger, so if the three are ordered to appoint one of them as their Amir, then a greater number than three must appoint someone as their Ameer by precedence… It is known that Mafhum al-Muwafaqah is the necessary meaning for the denotation of the word and is called the content of the speech (fahwa al-khitab) and the alert of the speech (tanbeeh al-khitab) and is meant the meaning of the speech, which is taken from the sentence structure, and it is an obligatory denotation where the mind moves to it when it hears the word, and if this rational requirement is found, than it is the one to be employed and not any other. Thus, acting upon the rule of appointing Amir for more than three is by Mafhum al-Muwafaqah and in this case it is not acted upon Mafhum al-Mukhalafah.

Thus, the rule of three appointing an Amir applies to those over three, and this is well known to the scholars of Fiqh and Usul…. It came in the book, Neil al-Awtaarwhen explaining the Ahadeeth of appointing Amir as follows: “And therein an evidence that it is prescribed for any number reaching three or more to appoint one Amir over them, because in doing so will be security from dispute which leads to discord. For in case of not appointing an Amir everyone will be despotic with his opinion and do what corresponds to his own whims so they perish. However, by appointing an Amir there is less difference and their ward is united. So if this is prescribed for three who are in an open space of the land or traveling then its legitimacy for a greater number living in villages and elsewhere and in need toeliminate unjust and resolve disputes is of more precedence and more worthiness. “

I hope that this is clear.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

7th Shawwal 1437 AH

12/07/2016 CE

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Q&A: Shawahid (Witnesses) and Mutabaat (Follow-ups) in the science of Hadith

Question:

Assalamu Alaikum wa Rahmatullahi wa Barakatuh,

There is a question I would like to ask you which is related to the science of Hadith:

Scholars defined Hadith Sahih as that: “The Isnad [chain of transmission] of the hadith continues through the transmission of a trustworthy (‘adl) and accurate (dhabit) narrator from someone similar to him from the beginning of the Sanad [chain of transmission] to its end. And the hadith should not be Shadh (irregular) nor mu’allal (defective)”. These are the restricting conditions for a narration to be accepted as Sahih hadith. But I find a lot of scholars strengthen weak reports by Shawahid (Witnesses) and Mutabaat (Follow-ups); for example, a hadith may come via a certain chain, and the hadith was a da’eef (weak) hadith, then this hadith has Shawahid or Mutabaat, but these Shawahid and Mutabaat are weak. However, scholars would authenticate the hadith via these Shawahid and Mutabaat. What is the extent to which these Shawahid and Mutabaat can be considered? And when they have an impact in the tashih (authentication) of Ahadith?

Please answer the question, may Allah bless you….

From Osama Ay’yaat

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Answer:

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

Before answering the question, it is necessary to clarify some of the relevant terminology such as “Shawahid and Mutabaat, and Matn and Sanad“, which are terms used in the science of Hadith, and we will explain them through citing examples:

– It came in Musnad Al-Shafei: Malik informed us from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah ﷺ said:

«الشَّهْرُ تِسْعٌ وَعِشْرُونَ، فَلَا تَصُومُوا حَتَّى تَرَوُا الْهِلَالَ، وَلَا تُفْطِرُوا حَتَّى تَرَوْهُ، فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ»

“The month of Ramadan may consist of twenty-nine days. So do not fast till you have sighted it (the new moon) and do not break fast, till you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete thirty (days).”

– Matn is the speech which comes at the end of the Sanad, which in this Hadith the words of the Prophet ﷺ:

«الشَّهْرُ تِسْعٌ وَعِشْرُونَ، فَلَا تَصُومُوا حَتَّى تَرَوُا الْهِلَالَ، وَلَا تُفْطِرُوا حَتَّى تَرَوْهُ، فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ»

“The month of Ramadan may consist of twenty-nine days. So do not fast till you have sighted it (the new moon) and do not break fast, till you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete thirty (days).”

– Sanad is the chain of men who link the Matn of the hadith to the one who said it. Thus the Sanad in this hadith is: Shafei from Malik from Abdullah ibn Dinar from Abdullah ibn Umar from the Messenger of Allah ﷺ.

– This Hadith was not only narrated by al-Shafei from Malik, but was also narrated from Malik by Abdullah bin Maslama by the same Isnad from Abdullah ibn Umar. Bukhari reported in his Sahih: Abdullah bin Maslama told us that Malik narrated from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah ﷺ, said:

«الشَّهْرُ تِسْعٌ وَعِشْرُونَ لَيْلَةً، فَلاَ تَصُومُوا حَتَّى تَرَوْهُ، فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا العِدَّةَ ثَلاَثِينَ»

“The month (can be) 29 nights (i.e. days), and do not fast till you see the moon, and if the sky is overcast, then complete (the month of Sha’ban) thirty (days)”.

Abdullah bin Maslama followed al-Shafi’i in the narration of this Hadith, that is he narrated the Hadith from the Sheikh (teacher) of al-Shafei who is Malik through the mentioned Sanad, and therefore the narration of Abdullah bin Maslama is given the term “follow-up” (Mutaba’h), which in this case is called “full follow-up” (Mutaba’ah tammah).

– As well as Muslim narrated this Hadith in his Saheeh from Abdullah bin Omar as following: Abu Bakr ibn Abi Shaybah told us, Abu Osama told us, Obaidullah told us, from Nafi, from Ibn Umar (Allah be pleased with both of them) that Allah’s Messenger ﷺ made a mention of Ramadan and he with the gesture of his hand said:

«الشَّهْرُ هَكَذَا، وَهَكَذَا، وَهَكَذَا – ثُمَّ عَقَدَ إِبْهَامَهُ فِي الثَّالِثَةِ – فَصُومُوا لِرُؤْيَتِهِ، وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ أُغْمِيَ عَلَيْكُمْ فَاقْدِرُوا لَهُ ثَلَاثِينَ»

“The month is thus and thus. (He then withdrew his thumb at the third time). He then said: Fast when you see it, and break your fast when you see it, and if the weather is cloudy calculate it (the months of Sha’ban and Shawwal) as thirty days.”

In this narration of the Hadith, Nafi followed Abdullah ibn Dinar in narration from Abdullah bin Omar, and this is called Mutaba’ah qasirah (incomplete follow-up) because it was not a follow up from the starting of the Sanad.

– An-Nasai narrated in his Sunan this Hadith as following: Mohammed bin Abdullah bin Yazeed informed us, he said: Sufian told us, from Amr ibn Dinar, from Mohammed bin Hunain, from Ibn Abbas, who said: I am surprised at those who anticipate the month, when the Messenger of Allah said:

«إِذَا رَأَيْتُمُ الْهِلَالَ فَصُومُوا، وَإِذَا رَأَيْتُمُوهُ فَأَفْطِرُوا، فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ»

“When you see the new crescent then fast, and when you see it, then stop fasting, and if it is obscured from you (too cloudy), then complete thirty days”.

It is clear that this narration of the Hadith is through another chain from another Sahabi, who is Ibn Abbas, and is not from Abdullah bin Omar. The Hadith narrated by An-Nasai is called the “witness” (Shahid) to the earlier mentioned Hadith narrated by Al-Shafi’, as well as to the Ahadith narrated by Al-Bukhari and Muslim … Also each of the above mentioned Ahadith of Al-Shafi’I, Bukhari and Muslim are called “Shawahid” for the Hadith of An-Nasai, … And if the Matn of the Shahid Hadith has differences in wording but similarity in the meaning, then it is called “shahid bil ma’ana” witness by meaning, such as in the hadith of Al-Bukhari in his Sahih: Adam told us, Sho’aba told us, Muhammad ibn Ziyad said: I heard Abu Huraira may Allah be pleased with him, he said: The Prophet ﷺ said, or he said: Abu al-Qasim ﷺ said:

«صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ»

“Fast on its sighting and break the fast on its sighting, if its covered to you then complete the period of Sha’ban with thirty days.”

Thus the Matn in this Hadith is similar to the Matn in the Hadith of Al-Shafei in meaning, but not in wording, because here it mentions the month of Shaaban…

And now we come to the answer to the question:

– The Ahadith which their weakness is on account of the narrator being Fasiq (commits transgression) or being accused of lying or so, they are not strengthened by other Ahadith, instead they are rejected and not acted upon. The following was mentioned in the book, The Islamic Personality Vol.1:

“… It is a mistake to say that when a da’eef hadith [weak hadith] comes via numerous lines of transmission then it rises to the level of hasan or Sahih. For when the hadith is weak this means the narrators have actually committed transgressions or have been accused of lying. When the hadith has come through other lines of transmission which are of this type, then it has increased in its weakness….”

Ibn al-Salah said in his Muqaddimah:

“Not every weakness in the Hadith is eliminated by the hadith coming from different lines of transmission. Rather the situation varies:

… there are also types of weakness which are not eliminated by something similar to that, on account of severity of the weakness and the failure of this Jaber (consoler) to console it and mend it.  An example of this is the weakness which arises from the transmitter being accused of lying, or the fact that the hadith is Shadh (irregular).”

– There are some narrations of Ahadith where one of its transmitters or more have deficiency in retention or is a narrator with a blameless record (Mastur) or so, but he is not accused of lying or fisq (transgression) … That is, the reason for weakness (da’af) was due to deficiency in retention or so and not in truth or pious… These narrations of Ahadith if taken alone will be judged as da’eef (weak), due to the weakness of some of the men in the chain of transmission. … But when following the narrations, it appears that these narrations have reliable Shawahid and Mutabaat, that is they are suitable to strengthen the related narration and mend the deficiency in retention and removes the matn of the hadith from being Shadh(irregular) or Munkar (rejected)…  In this case, we do not judge the hadith as da’eef(weak), but rather the hadith becomes a Hasan Hadith, because it was narrated in another form that mends the impairment, due to which it will not be included as Shadh (irregular) or Munkar (rejected). The following came in the book, the Islamic Personality vol.1:

“Hasan: It is a report that is known by the one who reported it and its transmitters became well known and consequently it is the core of most of the hadith. It is a hadith most scholars accept and it is used by the fuqaha generally i.e. that in the Isnad there are no narrators that have been charged with lying and it is not a Shadh (irregular) hadith. These are two types:

First: a hadith whose Isnad is not free from transmitters who are Mastur (of hidden condition) and whose capacity is not realized. However, they are not negligent and are not prone to make mistakes and nor are they charged with mendacity. The matn of the hadith may have been narrated by someone at a similar level to him due to which it will not be included as Shadh (irregular) or Munkar (rejected)….”

Also the following came in Muqaddimah Ibn al-Salah:

“It became abundantly clear that there are two subcategories of Hadith-Hassan:

One: the hadith, the isnad of which includes an outwardly acceptable individual (Mastur) whose suitability has not been confirmed, yet this individual is not careless, prone to make mistakes in what he transmits, nor is accused of lying in hadith; that is, he manifests neither the practice of deliberately lying in Hadith nor any other reason for vitiating his integrity. In addition, it has become known that a text like that of the hadith or one similar to it has been transmitted through one or more different lines of transmissions. In this way the hadith is reinforced by parallelism of someone else being in conformity with its transmitter with something like it or by another witness to it; that is the appearance of another hadith with a similar text. This way the possibility that it Shadh (irregular) or Munkar (rejected) is excluded. The remarks of Tirmidhi on this subcategory descends …”

He also said:

“… Not every weakness in the Hadith is eliminated by the hadith coming from different lines of transmission. Rather the situation varies: one weakness which the passage of the hadith through different lines of transmission eliminates the weakness which arises from some deficiency in the retention of its transmitter, when he is otherwise veracious and pious. When we saw the hadith he related also came from another line of transmission, we realize that it is one of the hadith that he had retained properly, and that his accuracy in it was not impaired …”

Accordingly, one should not rush to judge weakness on Ahadith merely by the presence in the Sanad of a Mastur person or a man with deficiency in retention… but other narrations should be studied to find out Shawahid (Witnesses) and Mutabaat (Follow-ups)… However, it should be pointed out that the strengthening of the Ahadith via (Witnesses) and Mutabaat (Follow-ups) is a delicate matter that lack knowledge and comprehension of the science of Hadith and the details of narrations and of invalidation and attestation of reliability (al-Jarh wa Ta’dīl). Because not all follow-ups or witnesses are sufficient to strengthen the Hadith, but it must exist in them conditions to be considerable and appropriate to mend the impairment and to judge on the Hadith as acceptable.

I hope this subject has become clear Bi’ithnillah.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

23rd Shawwal 1437 AH

28/07/2016 CE

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