There is no backbiting for an open sinner.

The Permanent Committee for Scholarly Research and Ifta

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The fifth question of the fatwa number ( 18586 )
Q5: What is your opinion regarding this hadith: There is no backbiting for an open sinner.
لا غيبة لفاسق
? If it is authentic, does warning, for example, about the one who has the evil eye (the one who casts it) count as backbiting him or not? And about whom is it permissible to warn without it being considered backbiting or talebearing in his case? Clarify the truth in this matter, and may Allah guide you.
A5 : Backbiting is forbidden, severely forbidden; because of the saying of Allah the Exalted:

or backbite each other. Would one of you like to eat the flesh of his brother when dead?

وَلاَ يَغْتَبْ بَعْضُكُمْ بَعْضًا أَيُحِبُّ أَحَدُكُمْ أَنْ يَأْكُلَ لَحْمَ أَخِيهِ مَيْتًا

[Al-Hujurat 49:12]

, and because of what is established from Anas (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), that he said:

During the Mi'raj (the Night of Ascension), I saw a group of people who were scratching their chests and faces with their copper nails. I asked, 'Who are these people, O Jibril?' Jibril replied: 'These are the people who ate flesh of others (by backbiting) and trampled people's honour

لما عرج بي مررت بقوم لهم أظفار من نحاس يخمشون بها وجوههم وصدورهم، قلت: من هؤلاء يا جبرائيل؟ قال: هؤلاء الذين يأكلون لحوم الناس ويقعون في أعراضهم

Riyad as-Salihin 1526

It was narrated by Imam Ahmad and Abu Dawud with a sound chain. The Prophet (peace and blessings be upon him) explained backbiting as mentioning your brother in a way he dislikes. It is permissible in a limited number of places indicated by the evidence of the Shari'ah when there is a need for it; such as when someone consults you about marrying him or partnering with him, or when someone complains about him to the ruler to stop his oppression and take action against him—in that case, there is no harm in mentioning him in a way he dislikes for the sake of the stronger benefit in that. Some scholars summarized the places where backbiting is permissible in two verses, saying:

However, if there is no stronger benefit in mentioning him in a way he dislikes, then it is from the forbidden backbiting. As for the question about the wording:

There is no backbiting for an open sinner.

لا غيبة لفاسق

Is it a hadith or not? Imam Ahmad said: It is denounced. And al-Hakim and al-Daraqutni and al-Khatib said: It is invalid. But it indicates that there is no backbiting for an open sinner who has displayed the sin, as established from the Prophet (peace and blessings be upon him) that he

He passed by a funeral, and those present spoke ill of it, so he (peace and blessings be upon him) said: It is decreed. Then he passed by another, and they spoke well of it, so he (peace and blessings be upon him) said: It is decreed. They asked him (peace and blessings be upon him) about the meaning of his saying "It is decreed." He said: This one you spoke ill of, so the Fire is decreed for it, and this one you spoke well of, so Paradise is decreed for it. You are the witnesses of Allah on His earth.

مر عليه بجنازة فأثنى عليها الحاضرون شرًّا، فقال صلى الله عليه وسلم: وجبت، ومر عليه بأخرى فأثنوا عليها خيرًا، فقال صلى الله عليه وسلم: وجبت، فسألوه صلى الله عليه وسلم عن معنى قوله وجبت؟ فقال: هذه أثنيتم عليها شرا فوجبت لها النار، وهذه أثنيتم عليها خيرًا فوجبت لها الجنة، أنتم شهداء الله في أرضه

, and he did not deny their praising the funeral with evil, knowing that its owner was an open sinner, so that indicates that there is no backbiting for one who displays evil.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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