Category Archives: Fiqh

5 RAMADAN 1442: IS THE JUMU`AH NIGHT OR LAILAT UL-QADR GREATER IN RANK? PT.3

5 Ramadan 1442

This is the position adopted by our companions of the School regarding the Jumu`ah night being of a higher rank than Lailat ul-Qadr.

It was narrated to us by Abu Muhammad Al-Hasan ibn Muhammad who said: It was narrated to us by Abu Hatim Muhammad ibn `Abdul Wahid ibn Zakariyya’ Ar-Razi who said: It was narrated to me by Muhammad ibn Al-Hussain ibn Al-Khalil who said: It was narrated to us by Muhammad ibn Sama the scribe who said: It was narrated to us by `Utaiq ibn Muhammad.

And `Utaiq ibn Muhammad said: It was narrated to us by Ishaq ibn Bishr who said: It was narrated to us by Muqatil as narrated from Ad-Dahhak as narrated from Ibn `Abbas who said: The Messenger of Allah, peace and blessings of Allah be upon him, said, “On the Jumu`ah night, Allah does indeed forgive all the people of Islam”.

And this is a rank and virtue that has not been accorded to any other day.

In addition to this, it is narrated from him, peace and blessings of Allah be upon him, that he said, “Send abundant peace and blessings upon me on the shining night as the most luminous day is the night and day of the Jumu`ah”.[1]

And the shining brightness of the thing is the best of it just like the statement, “The newborn is the bright and shining child of the male or female slave”.

Consider well that the Jumu`ah night we know by exactitude when it is whereas for the Lailat ul-Qadr does not have this exactitude.

Furthermore, the day follows the night and the favour of the daytime of the Jumu`ah does not have an equivalent reference made for the day of Al-Qadr. Anas ibn Malik narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said, “The sun has not risen on a day grander and more respected in the Sight of Allah than the day of Jumu`ah and there is no day more beloved to him than the Jumu`ah”.[2]

And Abu Hurairah also narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said, “The sun neither rises nor sets on a day more virtuous and favoured than the day of Jumu`ah. And there is no creature in the earth except that every time this day comes, it is afraid. The only creatures that do not are the jinn and men”.[3]


[1] Collected by Imam As-Suyuti in Ma`rifat us-Sunan wal-Athar, vol.1, pp.418-419

[2] Al-Fawa’id, hadith#35

[3] Musnad of Imam Ahmad ibn Hanbal, hadith#

4 RAMADAN 1442: IS THE JUMU`AH NIGHT OR LAILAT UL-QADR GREATER IN RANK? PT.2

4 Ramadan 1442

It was narrated to me by Abu Tahir ibn Al-Ghubari[1] that Abul Hasan Al-Kharazi who used to say, “Indeed the Jumu`ah night is more virtuous”.

It was narrated to me by Abul Qasim Al-Mazrafi[2] from Abu `Abdullah Ibn Battah who used to say, “The Jumu`ah night is more virtuous”.

It was narrated to me by Abul `Abbas Al-Barmaki[3] that he found in the handwriting of his father, Abu Hafs Al-Barmaki,[4] the following, “The points of reference that necessitate this understanding[5]  of Jumu`ah night being more virtuous is the very statement of the Prophet, peace and blessings of Allah be upon him, ‘The Jumu`ah night is one of illumination and glory’.[6]

And with that being said, I have also seen other people from the people of knowledge repudiating this understanding and advancing the position that Lailat ul-Qadr is more virtuous.


[1] d.432 (AD1046). He is Abu Tahir Muhammad ibn Ahmad ibn Muhammad Al-Ghubari. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp. 246-247

[2] d.423 (AD 1037). He is Abul Qasim `Abdus-Salam ibn Al-Faraj Al-Mazrafi. High ranking scholar and student of Ibn Hamid, he was one of the premier scholars of Iraq. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp. 332-333

[3] d.441 (AD 1055). Abul `Abbas Ahmad ibn `Umar ibn Ahmad Al-Barmaki. Scholar of high rank and narrator of early rulings in the School. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp. 350-351

[4] d.387 (AD 1001). Abu Hafs `Umar ibn Ahmad ibn Ibrahim Al-Barmaki. One of the authorities of his time and contemporary to Imam Ibn Battah, he wrote a large tome on fiqh. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp. 332-333

[5] Ar. dala’il (sing. dilalah).  Imam Muwaffaq ud-Din Ibn Qudamah, may Allah be pleased with him, said that the word carried the understanding, “So you should know that the dilalah of phrases posseses the meaning that can be put into the following points: 1) dilalah of agreement and complete meaning. So consider the use of the word ‘house,’ which is referring to all of the habitation that we know of when we use the word ‘house.’ 2) then there is the dilalah of the phrase that posseses part of the meaning. This would include the use of the word ‘roof’ or the word human being for body. 3) the dilalah of necessary knowledge. Like when you use the expression ‘roof,’ which is what goes over the walls. It is not a part of the roof but one cannot conceive of a roof without walls under it. So it is a composite part of the point of speech. So this type of speech cannot be used in investigating matters of the intellect as there are things that prove certain necessary statements. So there has to come a point when one understands another thing from just one word. Take for example the use of the word ‘roof,’ which necessitates that there must be walls under it. The walls are the foundation holding it up and the foundation of that is the Earth. So if there is a roof, there must be walls. Thus if there are walls, the rest of the house must be present which in turn is held in place by the earth and rock beneath it. These matters cannot be defined in a limited fashion but on the contrary can be limited to two points, namely that which corresponds and that which is part of the meaning.” Please see Rawdat un-Nazir wa Junnat ul-Munazir, vol.1, pp. 70-71.

The basic summation of all the different forms of dilalah is that the dilalah refers to something that must necessarily lead to another thing or another conclusion. So in the case of the roof, this leads to the understanding that there must be walls holding it up. This is so as there is only one understanding of roof that we have and if there is a structure held aloft and not be walls, then it is not a roof. The statement that the author used that the affair of the Ummah always being established until the Hour comes has a dilalah in it.

If the Ummah is always established rightly, then this means that this was the case before, is present now and will continue until the Day of Resurrection. Anything that would contradict that can thus be rejected. This is how the reader should understand the use of dilalah.

[6] cf. Al-Furu`, vol.5, pp.128-129; Al-Insaf, vol.7, pp.557-558

3 RAMADAN 1442: IS THE JUMU`AH NIGHT OR LAILAT UL-QADR GREATER IN RANK? PT.1

3 Ramadan 1442

In the Name of Allah, the Merciful, the Compassionate

And it is in Him that my success is realised.

It was narrated in the handwriting of Al-Qadi, the blessed father Abu Ya`la Muhammad ibn Al-Hussain Al-Farra’ Al-Hanbali Al-Baghdadi[1] – may Allah envelop him in His Mercy – who made the following statement:

Question

Our companions mentioned that the Jumu`ah night is more virtuous than Lailat ul-Qadr.

This was narrated by Al-Qadi Abu `Ali[2] who stated that Abul Hasan At-Tamimi[3] used to say, “Lailat ul-Qadr in which the Qur’an was sent down in is more virtuous than the night of Jumu`ah. As for the rest of the nights before or after the Lailat ul-Qadr, then the Jumu`ah night is surely more virtuous than them”.[4]


[1] d. 458 (AD1063). He is Abu Ya`la Muhammad ibn Al-Hussain ibn Muhammad ibn Khalaf ibn Ahmad ibn Al-Farra’ Al-Baghdadi. Grand marja` and spiritual father to 40 other grand maraji`, he was the first to catalogue the rise of the Ash`ari jama`ah. The Imam’s extensive teaching record and written legacy gave us a number of classics. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp. 166-198

[2]  d. 428 (AD1042). He is Abu `Ali Muhammad ibn Ahmad ibn Abi Musa Al-Hashimi. Scholar of creed, fiqh and other disciplines, he wrote a text on basic creed for students. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp. 335-341

[3] d. 371 (AD985). He is `Abdul `Aziz ibn Al-Harith ibn Asad. Faqih, Qadi and master of many sciences, he narrated three creed texts and countless fiqh rulings. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.3, pp.347-348

[4] cf. Al-Maqdisi’s Al-Furu`, vol.5, pp.128-129

2 RAMADAN 1442: A MONTH LIKE NO OTHER

لا تجعل همتك تفتر إنه شهر الخير والبركة

Don’t make your aspiration come to nothing is indeed Ramadan is the month of immense good and blessing

شهر الحسنة المضاعفة ، إلى اضعاف كثيرة

Ramadan is the month of doubling of blessings in manifold ways.

كيف لا وقد جعل الله سبحانه ليلة واحدة فيه خير من ألف شهر ، والعمرة في رمضان تعدل حجة .

How could someone waste or miss out when Allah, Glorified be He, made one night in this month better than 1,000 months and `Umrah in this month equal to a hajj?

وهي من المسائل التي لاخلاف فيها

And these are the issues in which there is no dispute in at all.

وقد درج الأئمة على ذلك. قال النخعي رحمه الله :

And the Imams of the past have followed that path. Imam Ibrahim An-Nakha`ii (d.96), may Allah have mercy upon him, said,

 ” صوم يوم من رمضان أفضل من ألف يوم ، وتسبيحة فيه أفضل من ألف تسبيحة ، وركعة فيه أفضل من ألف ركعة “. لطائف المعارف ” لابن رجب 151 .

“Fasting one day in Ramadan is more virtuous and bountiful than 1,000 days outside of it. And one glorification of Allah made in Ramadan is more virtuous and bountiful than 1,000 glorifications of Allah outside of it”. And this was cited by Imam Ibn Rajab Al-Hanbali in Lata’if, p.151

  قال الزهري رحمه الله :

And Imam Ibn Shihab (d.124), may Allah be pleased with him, remarked,

 ” تسبيحة في رمضان أفضل من ألف تسبيحة في غيره ” .فضائل رمضان لابن ابي الدنيا(51).

“One glorification of Allah in Ramadan is better than 1,000 glorifications of Allah outside of it”. And this was cited by Imam Ibn Abid-Dunya in Fada’il Ramadan, p.51

فلا تستقل التسبيحة والاستغفار والتهليلة ، ليلهج لسانك بالذكر فهو موسم الخيرات .

So do not let this time pass by in which you miss out on saying statements of Subhanallah (Glory be to Allah)! Istighfar (I seek the Forgiveness of Allah)! La ilaha illallah (There is no god but Allah)! So let your tongue be busied in the Remembrance of Allah as this is a time of immense good deeds.

فارس الخزرجي

As written by (Shaikh) Faaris ibn Faalih Al-Khazraji

30 SHA`BAN 1442 – NO HILAL SEEN

How a blank sky appears when there is no hilal present on the 29th day of Sha`ban.

We went to sight the moon today at 7:00pm to our usual hillock and did not witness the hilal. Thus we checked with the closest portion of Dar ul-Islam to us that shared the same sky and found that they had not seen it either based upon this affair regarding Sha`ban.

This means that the month of Sha`ban will be 30 days and that Ramadan will start on Wednesday night (sunset on Tuesday) in accordance with the Revealed Law and what is commanded regarding sighting the moon.

And may Allah accept our sawm and all other affairs carried out in the month of Ramadan.

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali

A MESSAGE FOR THOSE ABOUT TO BEGIN RAMADAN

الشيخ فارس بن فالح الخزرجي

[ جاءكم رمضان فمبارك عليكم ]

Now that Ramadan has come, I wish you blessings!

مشروعية التهنئة بقدوم رمضان

The things mandated at the onset of Ramadan:

قال الحافظ ابن رجب رحمه الله في اللطائف :

Al-Hafiz Ibn Rajab Al-Hanbali (d.795), may Allah have mercy upon him, said in Lata’if:

” وكان النبي صلى الله عليه وسلم يبشر أصحابه بقدوم رمضان كما خرجه الإمام أحمد والنسائي عن أبي هريرة رضي الله عنه قال: كان النبي صلى الله عليه وسلم يبشر أصحابه يقول:

The Prophet, peace and blessings of Allah be upon him, used to give his Companions glad tidings of the onset of Ramadan just as has been collected by the Imam, Ahmad ibn Hanbal and An-Nasa’ii from the narrative of Abu Hurairah, may Allah be pleased with him, who said, “The Prophet, peace and blessings of Allah be upon him, gave glad tidings to his Companions by saying,

“قد جاءكم شهر رمضان شهر مبارك كتب الله عليكم صيامه فيه تفتح أبواب الجنان وتغلق فيه أبواب الجحيم وتغل فيه الشياطين فيه ليلة خير من ألف شهر من حرم خيرها فقد حرم” .

‘Ramadan has come to you, a month of blessing. Allah has written for you to make sawm for it and the gates of the gardens of the Paradise are opened, the gates of the Great Fire are closed and locked and the demons are chained up and restrained. There is one night in this month that is better than one thousand months. Whatever is declared impermissible in this month is indeed so’.

قال بعض العلماء: هذا الحديث أصل في تهنئة الناس بعضهم بعضا بشهر رمضان كيف لا يبشر المؤمن بفتح أبواب الجنان كيف لا يبشر المذنب بغلق أبواب النيران كيف لا يبشر العاقل بوقت يغل فيه الشياطين من أين يشبه هذا الزمان زمان.

Some of the scholars have said, “This hadith is a foundational principle for the conduct of the people towards one another in the month of Ramadan. How could a believer not rejoice at the opening of the doors of the gardens of Paradise? How could the sinner not rejoice at the locking of the gates of the Great Fire? How could the sensible one not rejoice at the chaining and restraining of the demons? And what time is like this time of ours that we have come into?”

وفي حديث آخر: “أتاكم رمضان سيد الشهور فمرحبا به وأهلا”.

There is another hadith in which the Prophet, peace and blessings of Allah be upon him, said, “The month of Ramadan has come to you. It is the best of all months. Glad tidings and welcome be to it!”

جاء شهر الصيام بالبركات … فأكرم به من زائر هو آت.

So the month of siyam has come with blessings. So take honour it in whoever has it visit him.

قال في حاشية اللبدي :

“وروي أن النبي – صلى الله عليه وسلم – كان يبشر أصحابه بقدوم رمضان . قال بعض أهل العلم: هذا الحديث أصل في تهنئة الناس بعضهم بعضًا بشهر رمضان. قلت: وعلى قياسه تهنئة المسلمين بعضهم بعضًا بمواسم الخيرات وأوقات وظائف الطاعات “.

Imam `Abdul Ghani Al-Lubadi (d.1319), may Allah have mercy upon him, remarked in his Hashiyah: “It is narrated that the Prophet, peace and blessings of Allah be upon him, would give glad tidings to his Companions at the onset of Ramadan. Some of the people of knowledge said, ‘This hadith is a foundational principle in the conduct of people towards one another in the month of Ramadan’. I would say that this is based upon the qiyas upon the conduct of Muslims towards one another during all stipulated times of goodness and times where blessings of obedience should be carried out”.

قال  ابن مفلح : ” أما التهنئة بنعم دينية تجددت فتستحب لقصة كعب بن مالك رضي الله عنه، وفي “الصحيحين” أنه لما أنزل

Imam Shams ud-Din Ibn Muflih Al-Maqdisi (d.762), may Allah have mercy upon him, said, “As for the conduct which is for receiving a favour based upon the Religion and one renews such blessings, then this is praiseworthy based upon the story of Ka`b ibn Malik, may Allah be pleased with him, which is narrated in the two Sahihs in which the following was sent down:”

إنا فتحنا لك فتحا مبينا﴾ [الفتح: 1] ﴿.

Indeed We have given a clear and manifest victory to you.

[Surat ul-Fath (48), ayah 1]

الآداب الشرعية ٣ / ٢٢٩

And this was cited by the Imam in Al-Adab ush-Shar`iyyah, vol.3, p.229

تقبل الله طاعاتكم

And may Allah accept from you all the righteous deeds that you might do.

نقله فارس الخزرجي

And this was dictated by the hand of (Shaikh) Faaris ibn Faalih Al-Khazraji

PREPARATORY MEASURES FOR RAMADAN

The late reciter, hadith teacher and tafsir master, Shaikh `Umar Abdur-Rahman

]حال طالب العلم وشهر رمضان [

The Condition of the Student of Knowledge while in the month of Ramadan

كان أئمة المسلمين إذا أقبل شهر رمضان يتركون مجالس التحديث والعلم ، ويتفرغون لقراءة القرآن والاجتهاد في العبادة .

The Imams of the Muslims, upon the onset of Ramadan, they used to leave the gatherings of hadith narration and knowledge and busy themselves with recitation of the Qur’an and exerting themselves in worship.

قال ابن عبد البر رحمه الله :   قال  يونس بن يزيد: “كان ابن شهاب إذا دخل رمضان فإنما هو تلاوة القرآن وإطعام الطعام، وكان ابن شهاب أكرم الناس وأخباره في الجود كثيرة جدا نذكر منها لمحة دالة” . ( 6 / 111).

Imam Ibn `Abdul Barr (d.463) stated, “Yunus ibn Yazid (d.159) stated that when the month of Ramadan entered, Ibn Shihab (d.124) would only be reciting the Qur’an and feeding the people. And Ibn Shihab (Az-Zuhri) was the most generous of people and the narratives about him in great generosity we could mention in abundance”. At-Tamhid, vol.6, p.111

قال ابن رجب رحمه الله

 “وكان الزهري إذا دخل رمضان قال: فإنما هو تلاوة القرآن وإطعام الطعام. قال ابن عبد الحكم: كان مالك إذا دخل رمضان يفر من قراءة الحديث ومجالسة أهل العلم وأقبل على تلاوة القرآن من المصحف .

Imam Ibn Rajab (d.795) stated, “(Ibn Shihab) Az-Zuhri at the time of Ramadan would state that it was only a time for recitation of the Qur’an and feeding people with food for sadaqah. Ibn `Abdul Hakam remarked that Imam Malik ibn Anas (d.179) in the month of Ramadan would leave from reading hadith and the gatherings of knowledge and focus himself on recitation of the Qur’an from the mushaf.

قال عبد الرزاق: كان سفيان الثوري: إذا دخل رمضان ترك جميع العبادة وأقبل على قراءة القرآن “. لطائف المعارف 171.

“Imam `Abdur-Razzaq As-Sana`ani (d.211) mentioned that Imam Sufyan Ath-Thawri (d.161) at the time of the entrance of the month of Ramadan would leave all other worship and focus on recitation of the Qur’an”. Lata’if ul-Ma`arif, p.171  

فجدوا واجتهدوا فإنها مواسم الخيرات .

So they became focused, exerted themselves in worship and these were only times for competing in good deeds.

فارس الخزرجي

As written by (Shaikh) Faaris ibn Faalih Al-Khazraji

LAYMEN HAVE TO KNOW EVIDENCE FOR EVERY MATTER

“But what’s your daleel!”

[ لا عبرة بقول من يريد إلزام الناس بمعرفة الدليل لكل مسألة ]

There are no satisfactory grounds for the one who desires to compel people to know the evidence for each and every point

قال الفقيه أبو الوفاء ابن عقيل رحمه الله :

The Faqih, Abul Wafa’ Ibn `Aqil,[1] may Allah be pleased with him, remarked:

» ولا عِبْرَة بقول من زَعَم أن على العامِّيِّ العلمَ بدليلٍ يرشِده إلى حكْم الحادثِة ؛ لأن ذلك يقطعه عن مصالحهِ، ولا يَتأَتى منه ولا له دَرْك البغْيَةِ؛ لكون ذلك يحتاج إلى تقدُّمِ معرفةِ أصولِ الفقهِ على ما قدَّمْنا، وأَنَّى ذلك للعامِّيِّ.«

“There are no satisfactory grounds for the one who would claim that the layman must have knowledge of an evidence in order to resolve a new affair as this will assuredly take him away from the affairs necessary for the upkeep of the earthly realm and its continuation.[2] And this is not of him or for him to know this level of information as that gives rise to also needing to access the aforementioned knowledge of Usul ul-Fiqh and how is that the providence of the layman?”

الواضح (1/270).

And this is taken from Imam Ibn `Aqil’s work, Al-Wadih, vol.1, p.270.

قلت : ويقصد ( قول من زعم أن على العامي …) المعتزلة ، لأنهم يوجبون على العوام معرفة الدليل لكل مسألة ، وقد صرح بذلك أبو الحسين البصري المعتزلي ، وكذا القدرية كما ذكر ذلك الموفق في الروضة ، وتقي الدين رحمهما الله .

I would like to mention that the intent of his expression the one who would claim that the layman must have knowledge of an evidence references to the Mu`tazilah, as they made it wajib for the laity to know the evidence and proof for each and every matter. And that was explicitly mentioned by the Mu`tazilah scholar Abul Hussain Al-Basri. And the same thing was the position of the Qadariyyah as that was mentioned by Imam Muwaffaq ud-Din Ibn Qudamah[3] in Ar-Rawdah and Imam Taqi ud-Din Ibn Taymiyyah,[4] may Allah be pleased with both of them.

فكل من يلزم أو يزعم أن على عامة الامة معرفة الدليل فهو في مصاف أهل البدع.

So anyone who requires or claims that it is required of the laity of the Ummah to know the evidence in all matters, then he is following on the pathway of the people of innovation and astrayness.

وكتب فارس بن فالح الخزرجي

And this was written by (Shaikh) Faaris ibn Faalih Al-Khazraji

21 / شعبان / 1442

21 Sha`ban 1442


[1] 431-513 (AD 1036-1118). He is Abul Wafa’ `Ali ibn `Aqil ibn Muihammad ibn `Aqil ibn Ahmad Al-Baghdadi Az-Zufri. One of the luminaries of his time, Shaikh ul-Islam and theologian of many areas, he is author of many works covering fiqh, usul and theology. cf. Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol. 3, pp.118-135.

[2] This is in reference to taqlid. Imam Ahmad ibn Hanbal, may Allah be pleased with him, from the third blessed generation, said of the matter of taqlid, “Whoever says that he does not believe in taqlid and that he does not follow anyone in his religion, such is the statement of a rebellious sinner in the sight of Allah and His Messenger, peace and blessings of Allah be upon him. Such a one only seeks by doing so to nullify and strip the footsteps given before, and to nullify the knowledge and the Sunnah. They want to stay isolated and alone with personal opinion, speculative theology, innovation and contradiction, and opposition to what came before them.” Tabaqat ul-Hanabilah, vol.1, pp. 33-34. Imam al-Khatib al-Baghdadi (d. 463 AH), may Allah be pleased with him, when commenting upon these and other statements of Imam Ahmad and other scholars, said: “We have already mentioned in detail the evidence that the mujtahid will use when he looks into knowing the rulings of the Revealed Law. Now all that remains is to discuss what authority the common person returns to in acting on an issue, and this is known as taqlid. The general meaning is that taqlid refers to accepting the statement of someone without knowing any evidence for it. Rulings are built upon two matters; rational and those pertaining to the Revealed Law. As for the rational, then it is not permissible to make taqlid in this area, in matters such as knowing the Creator, Exalted be He, and His Attributes, knowing the Messenger, peace and blessings of Allah be upon him, testifying to his truthfulness and other matters that have to do with judgements and punishments to come in the Hereafter. It has, however, been narrated from `Ubaidullah ibn Al-Hasan al-`Anbari, who said that taqlid in the foundations of the religion is permissible, but this is a mistake due to the Words of Allah the Exalted, Follow what was sent down to you from your Lord and do not follow those besides Him as protectors. Little indeed do you reflect.  Surat ul-A`raf (7), ayah 3. Allah has also said, When it is said to them, ‘Follow that which Allah sent down,’ they say, ‘We shall follow what we found our fathers upon.’ And if your fathers did not know anything nor were they guided. Surat ul-Baqarah (2), ayah 170. The Exalted One has further said, Likewise, we did not send before you to any town a warner except that its inhabitants said, ‘We found our fathers upon a religion and we shall follow in their footsteps.’ Say, ‘What if I have come to you with more guidance than that which you found our fathers upon.’ Surat uz-Zukhruf (43), ayah 23. When the following of their fathers prevented them from accepting that which is more guided, they said, We do not believe in that which you have sent to us. Surat uz-Zukhruf(43), ayah 24. The Exalted One has said, Recite to them the news of Ibrahim when he said to his father and people, ‘What do you worship?’ They said, ‘We worship idols and we are steadfast in maintaining them.’ Say, ‘Do they hear you when you call on them and can they benefit or harm you?’ They said, ‘We found our fathers doing likewise before us.’ Surat ush-Shu`ara’ (26), ayat 69-74. They, therefore, abandoned giving the answer to the issue due to their inablility to do so and the question actually exposed the falsity of their position. The people mentioned what they had not been asked regarding their fathers and their making taqlid of them. The Exalted One has also said, ‘They said, Our Lord, we obeyed our leaders and senior folk, and they led us astray from the path.’ Surat ul-Ahzab (33), ayah 67.The Exalted One also said, They took their priests and rabbis as lords besides Allah. Surat ut-Tawbah (9), ayah 31. `Adi ibn Hatim said, I came to the Messenger of Allah, peace and blessings of Allah be upon him, while I was wearing a crucifix around my neck made of gold. He said, Ibn Hatim, remove this idol from your neck. I took it off and then he recited the whole of Surah Bara’ah until he reached, They took their priests and rabbis as lords besides Allah. Surat ut-Tawbah (9), ayah 31. I said, Messenger of Allah, we did not worship them. So the Prophet, peace and blessings of Allah be upon him, said, Did they make permissible the impermissible and you obeyed them and they made the permissible impermissible and you obeyed them? I said, yes and he said, Then that is worship of them. Abul Bukhtari said that Hudhaifah was asked about the ayah, They took their priests and rabbis as lords besides Allah, how the people worshipped their priests and rabbis. Hudhaifah answered, ‘They made permissible what Allah declared impermissible and they made impermissible what Allah had made permissible’.” Imam Al-Khatib al-Baghdadi, may Allah be pleased with him, commented further after quoting all this, “So because the principles of the faith that we mentioned have to do with what is awareness and intellect, and the people all share in that matter, there is to be no taqlid in the foundations. As for the judgements and rulings of the Revealed Law, then there are two points regarding taqlid: 1) One knows by necessity from the religion of the Messenger, peace and blessings of Allah be upon him, the compulsory nature of things like the five prayers, zakah, fasting the month of Ramadan, Hajj. It is also known by necessity the impermissibility of fornication and adultery, taking intoxicants and other such things. In these matters, there is no taqlid, for all people share in knowing them and having knowledge of them, so taqlid has no basis in this matter. 2) There are the things that are not known except by investigation and gathering evidence, such as the branches of worship, transactions, marriage, divorce matters and other things that are connected to the foundational rulings. This is a matter in which one does taqlid, according to the evidence of the statement of Allah the Exalted, Ask the People of Knowledge if you do not know. Surat un-Nahl (16), ayah 43. If we should stop taqlid in these matters that are from the branches of the religion, it would have been necessary for everyone to learn that knowledge, and by obligating this it would stop all occupations, the cultivation of the earth, whether it be crops, livestock or the movement of people from place to place. Thus it is necessary that everyone is not responsible for this knowledge. The one who does taqlid is the layman. The layman does not know the different ways that the rulings of the Revealed Law are found, so it is permissible for such a person to make taqlid of a scholar and act by his words. Allah the Exalted has said, Ask the People of Knowledge if you do not know. `Amr ibn Qais said of the ayah, ‘Those to be asked are the People of Knowledge’. It is narrated from Ibn `Abbas, may Allah be pleased with him, that there was a man with a head injury in the time of the Messenger of Allah, peace and blessings of Allah be upon him, who had a wet dream and was commanded to make ghusl, and upon doing so died. Once this reached the Messenger of Allah, peace and blessings of Allah be upon him, he said, ‘They have killed him. May Allah kill them. The only cure for when someone does not know something is to ask a question’. When the Messenger of Allah, peace and blessings of Allah be upon him, was asked after that, he answered, ‘If he had washed his body, but left his head and wiped over it, this would have been sufficient’. Because that man was not from the people of ijtihad, it was compulsory for him to make taqlid just as the blind person makes taqlid regarding the direction of prayer. If he does not have with him the tool of ijtihad in the direction of prayer, he is to make taqlid of the person with sight regarding the matter. It is narrated from one of the Mu`tazilah, who said that it is not permissible for the layman or common man to act by the statement of the scholar until he knows the ruling for it. When he has asked the scholar the matter, then he only asks him to know the ruling and when he finds the evidence behind it, he acts by it. This is a clear mistake, as there is no way for the layman to go to the evidences except after studying for years and keeping the company of and mixing with the scholars of fiqh for a long period of time. He will then have to investigate the rules and ways of analogy, know what validates and nullifies it and what is compsulory to give preference to in regards to other evidence and the preference of one evidence over another, but by making the layman responsible for this, one is charging him with what he is not able to do and has no way to reach it. As for the scholar, is it permissible for him to make taqlid of another scholar? The matter has to be investigated. If there is plenty of time to look into the issue and it is possible for him to make ijtihad, then it is necessary for him to make ijtihad for the ruling and it is not permissible for the scholar to make taqlid. There are some who have declared it permissible for the scholar to make taqlid, and this has been stated by Imam Sufyan ath-Thawri. He said, ‘Whatever the scholars of fiqh have differed in, I do not forbid any one of my brothers from taking hold of it. When the man sees an action being done that the scholars of fiqh have differed in and you have another position besides him, do not forbid him from the action’. Muhammad ibn Al-Hasan ash-Shaibani remarked, ‘It is permissible for the scholar to make taqlid of the one with more knowledge than him and it is not permissible for him to make taqlid of the one equal in knowledge to him’. The reason for the principle that it is not permissible for him to make taqlid of one of the same calibre is because of the length of time that he has and the the tools of ijtihad that he can use to make the ruling sought. In this case, it is not permissible for him to make taqlid of someone besides him as we have said of the matters of the intellect. Now if the time should be short and he believes that worship may be left if he spends much time in ijtihad, then there are two points to this matter: 1) It is permissible for him to make taqlid in that affair, 2) It is not permissible for him to make taqlid so long as he has the tools of ijtihad, so the ruling is the same as if he had plenty of time. It is said that this is the more correct of the two positions. Allah knows best. Abu Ibrahim al-Muzani said of this affair, ‘It should be asked of the one who makes ruling by taqlid whether he has proof. If he should say that he does, then he has nullified the taqlid, as the proof makes that compulsory for him to follow and not taqlid. If the person should say that it is by other than the proof, then it should be asked about the rulings on judicial punishments and rulings on the lives of people and the charity in wealth Allah has made all that impermissible then you have made it permissible without evidence. If he should say that he knows the proof and that if he does not know it he will ask his teacher, as he is from the senior scholars, and his opinion in the knowledge takes more precedence. Anything that he might say is only with proof that is hidden from me at the moment. It should then be said to to him that the taqlid of the teacher of your teacher is more befitting of taqlid than that of your very own teacher, as he does not speak except by the proof that has been concealed from your own teacher, and your teacher speaks of things and has the proof concealed from him. If he should agree to this, he has abandoned taqlid of his teacher to taqlid of the teacher of his teacher and, likewise, whoever is higher until he reaches the scholars from the Companions of the Messenger of Allah, peace and blessings of Allah be upon him. If he should refuse to do that, he has contradicted his own words. It should be asked of him how it is permissible for him to make taqlid of the one who is less than him and has less knowledge, and it is not permissible for him to make taqlid of one who is greater than him and has more knowledge? Is this not a contradiction? If he should say that the matter is because the person is his teacher and that even if he has less knowledge, he has gathered knowledge of those above him and added it to his knowledge, so he has greater insight and more knowledge of what has been left. It should be said that, likewise, whoever learned from your teacher, has added the knowledge of your teacher and the knowledge of those above him to his knowledge. It then becomes compsulsory to make taqlid of him and abandon taqlid of your teacher. Likewise, you have more right to make taqlid of yourself than your teacher, as you have added his knowledge and the knowledge of those above him to his knowledge, so by the words of this person mentioned he has contradicted himself. He has made the one who is less and speaks from the lesser in knowledge of the scholars greater than the taqlid of the companios of the Messenger of Allah, peace and blessings of Allah be upon him, and he put taqlid of someone less than a companion over them and the taqlid of the one who is higher, subservient to the one who is less, and this is the case in the analogy. He has made it necessary for whoever is correct to follow other than his teacher in the mistakes of his teacher, and he is mistaken in this matter regarding his teacher and his taqlid alone’.” Kitab al-Faqih wal-Mutafaqqih, vol.2, pp. 66-70. Thus, those who are not people of ijtihad of any calibre are obligated in this area to accept the evidence that the scholars have given, even though we do not know all the texts on the topic. One example is Consensus. Allah has indeed mentioned it in the Qur’an, And whoever contends with the Messenger after the guidance has been made clear to him and he who follows other than the path of the believers, We will hand him over to whatever he has turned to and We will roast him in the Fire. What an evil destination. Surat un-Nisa’ (4), ayah 115.

We know this is the case, but the scholars have given the verses and explained them in such a manner that means, if we ask them the evidence for an understanding (i.e. abrogation, the categories of strong, authentic, weak in Hadith science etc), they state that this is Consensus, but if we ask them for an explicit text upon that which they have all agreed, there is not one present, but just the general texts on Consensus. This goes back to what the Messenger of Allah, peace and blessings of Allah be upon him, said of the scholars, “Whoever travels a path seeking knowledge, Allah makes him travel a path to Paradise. The angels spread out their wings in pleasure for the one seeking knowledge. Every creature in the skies and the Earth seeks forgiveness for the scholar, even the fish in the sea. The virtue of the scholar over the worshipper is like the virtue of the moon over the rest of the stars in the sky. Indeed, the scholars are the inheritors of the prophets. They do not believe behind any coin or measure of wealth, but it is the knowledge that they leave behind. Whoever should take hold of it, takes hold of much good indeed.” Musnad Imam Ahmad ibn Hanbal, vol.16, pp. 70-71

[3] 541-620 AH (AD 1146-1223). He is Muwaffaq ud-Din Abu Muhammad `Abdullah ibn Ahmad ibn Muhammad ibn Qudamah. One of the Revivers of Islam in his time, scholar of fiqh, hadith, ihsan, math and many other disciplines, he is one of the highest voices of authority in the school of Imam Ahmad ibn Hanbal. Please see Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol.4, pp. 105-119.

[4] 661-728 (AD 1263-1328). He is Abul `Abbas Taqi ud-Din Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. Born in Harran to a family of scholars, he learned from his father, Imam Shihab ud-Din Ibn Taymiyyah (d. 682 (AD 1283) and read the books of his grandfather, Imam Abul Barakat Majd ud-Din Ibn Taymiyyah (d. 653 (AD 1256), who is the second highest authority in the school and was the chief judge in Iraq. At a young age, Imam Taqi ud-Din Ibn Taymiyyah showed promise and studied with various scholars until he was given the title of Mujtahid Murajjih. A vast pillar of knowledge, he made restricted juridical reasoning in the creed and some areas of Consensus and was opposed by scholars from the schools. A quiet man who was known for his referencing, he was often pardoned due to his retraction of some of his positions that were divergent. Some of his more novel rulings include prophets committing sin, three pronouncements of divorce in one sitting being counted as one, the three categories of Tawhid  as well as rulings he passed against scholars of the Ash`aris and Maturidis, two groups within Muslim Orthodoxy. Scholars of the school sifted through his works and corrected the things in them, i.e. in books such as Al-Ikhtiyarat ul-Fiqhiyyah, Kitab ul-Furu`, Tashih ul-Furu` and others. It is in the best interest of the wise man to read these documents first, to know what can be kept or discarded from the works of Imam Taqi ud-Din Ibn Taymiyyah.

C-NINETEEN VACCINATION IN RAMADAN AND THE SAWM

سؤال ورد عن حكم التطعيم بلقاح كورونا في نهار رمضان يفطر أم لا ؟.

 Question: Is the ruling on ingesting the c-nineteen (korona) vaccine in the daytime of Ramadan that it is a nullifier of the sawm or not?

ينبغي بداية تصور اللقاح تصورًا طبيًا صحيحًا أي معرفة ماهيته ومعرفة طريقة أخذه  ، لأنهما أساس بناء الحكم

At the beginning of the answer, it has to be the case that the vaccine is a valid medicine, namely that (1) its ingredients are known[1] and (2) the way it is given is known or how it is administered,[2] as both of these are what the ruling is built upon in the first place.

فاللقاح في عرف الأطباء : هو مستحضر بيولوجي، يقدم المناعة الفاعلة المكتسبة تجاه مرض معين . ويعطى اللقاح في عضلة الكتف غالبًا .

The expression “vaccine” in the technical language of the doctors is a biological substance that is given for a predominately acquired benefit that results in the treatment of a specific illness. And the vaccine is usually given in the upper arm.

فينبني على هذا التصور الصحيح الحكم الصحيح .

So it is necessary to have the right understanding in order to have the right ruling.

فنقول ومن الله الإعانة :

So we say at this point, looking for assistance from Allah:

أن من تلقى اللقاح في نهار رمضان فإن صومه صحيح والتعليل لصحته :

So whoever should take the vaccine in the daytime of Ramadan, indeed his fast is valid and the indicating principle and necessary understanding that leads to this conclusion is the following that splits into two points:

أولًا .الجرعة علاجية ليست غذائية ولا يتقوى بها البدن على الصوم وليس طعامًا وشرابًا ولا بمعناهما الذي يغذي الجسم ويقويه .

Firstly, the injection given is for a remedy and not nourishment and the body is not strengthened by it. Thus it is not food or drink and this means that the body neither takes nourishment from it nor is it strengthened by it.

ثانيًا . الجرعة تؤخذ عن طريق عضلة الكتف ولا تصل الى الجوف فإنها تكون قريبة من الجلد  .

Secondly, the injection remedy is administered in the upper arm (usually the muscle) and does not reach the opening of the body like the mouth as that is near the flesh that is under the ruling that would impact the sawm if it is ingested, similar to food or drink.

والله اعلى وأعلم .

And Allah is Most High and knows best.

وكتب

فارس بن فالح الخزرجي

As written by (Shaikh) Faaris ibn Faalih Al-Khazraji

24 Sha`ban 1442

24 / من شعبان / 1442


[1] Thus if one does not know what is in a food, drink or medicine, it is not permitted to consume something someone does not know the ingredients of and necessarily someone would be taking a risk on himself (and if the individual went ahead and did so anyway, he would necessarily bear the responsibility in most cases, these being outside of darurah.). If someone should know the comprehensive ingredients of a food, drink or medicine and ingests it, this is correct action. If someone ingests the aforementioned when there is some issue discussed or present, he or she still has the choice to consume it. The outcome of it is then his responsibility as he took the liability upon himself. Thus no qawd could be required from his relatives if something should result or survivors if he should die. cf. Imam Muwaffaq ud-Din Ibn Qudamah’s Al-Kafi, vol.4., pp.29-30; 60-62 and 63-65

[2] So how it is administered and the way it is administered as well. Thus it can sometimes be seen whether something is medicine or not based upon how it is ingested. Thus things that are eaten, drank or intravenously given in the vein or arm are usually medicines while those that are smoked, injected in between toes, in the genitals (and this is different to topical anesthetic) are usually drugs, poisons but are not medicines. cf. Fatwa fi Hukmi Ahl il-Qat, pp.20-24; Al-Ba`li in Al-Ikhtiyarat, pp.298-300

INHALERS, INJECTIONS AND OPERATIONS pt.2

The following question was part to a marja`:

What is the ruling on injections that are given? Does this nullify the fast?

The Imam, `Abdul Majid `Abdul Majid Ad-Dumi (d.1418), may Allah have mercy upon him, states the following about injections: “Whatever the case may be, it does not nullify the fast. And this is whether the injection was in the muscle or the vein”.

Al-Faqih ul-Murshid ul-Qudwah, pp.100-101

And this is a continuation of another ruling that was cited in the past.