What led the Hanafis to divide the Hanafi classification of makruh (disliked) into two categories: makruh tanzihi and makruh tahrimi?
Machine translationRead the Arabic original
The questioner : Excuse me, Shaykh, regarding makruh tanzihi, you mean the Hanafis were the first to divide makruh into two categories, meaning what led them to divide makruh into tanzihi and tahrimi?
The Shaykh : In reality, their classification has no relation to the previous research.
The questioner: Yes.
The Shaykh : They have a madhhab (school of jurisprudence) in which they are distinct from the majority of the imams. They say that what is established as forbidden by a text that is definitive in its authenticity and definitive in its meaning, or more precisely, what is established as prohibited by evidence that is definitive in its authenticity and definitive in its meaning, is for prohibition (haram). If one of the conditions is not met, such as the evidence being definitive in authenticity but not in meaning, or definitive in meaning but not in authenticity, they derive from it makruh tahrimi (disliked to the point of prohibition). The same text that indicates prohibition, if it comes through a path that is not definitive in authenticity, they agreed to derive from it makruh tahrimi, not haram. They also said regarding the commands of the Shari'ah: if the command is definitive in authenticity and definitive in meaning, it indicates fard (obligatory). If one of the conditions is lacking, it indicates wajib (obligatory). So, makruh tahrimi is in a position below prohibition for them, just as wajib is in a position below fard for them. This was their terminology. So, makruh tanzihi is a matter... it is understood to be makruh tanzihi, and this means that if a person does it, he does not sin and is not punished, unlike makruh tahrimi or haram. So this remains a terminology specific to the Hanafis and the majority, including the Shafi'is.
The questioner: Yes.
The Shaykh : And in truth, strange things result from this terminology. For example: zakat al-fitr (the alms given at the end of Ramadan). You know that the text came in "al-Sahihayn" (the two authentic collections) from the hadith of 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) made zakat al-fitr obligatory," to the end of the hadith. Despite this, the Hanafis do not say that zakat al-fitr is fard (obligatory), but rather that it is wajib (obligatory), despite the existence of such a text. Their answer, according to the previous rule, is that this text did not come in the Book of Allah, but rather in ahad (limited chain) hadiths. You know that ahad means it is not mutawatir (mass-transmitted). Therefore, they often depart from the meaning of the text because of the lack of definitive authenticity of the text. Its authenticity is not definitive, so they try to understand the text in a way that aligns and agrees with their rule. So here, fard, they say, is wajib, and it does not mean fard. And so on. For example, his saying (peace and blessings be upon him):Jami` at-Tirmidhi 247Sahih (Darussalam) This text is clear that it negates the validity of the prayer for leaving out al-Fatihah (Surat al-Fatihah). They answered, no, this text, since it is not mutawatir, we cannot establish a fard (obligatory) with it, but rather a pillar of the prayer. Therefore, they say that reciting al-Fatihah is wajib (obligatory), not that it is a pillar. And so on, many things and many things.
The student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings.
The student: Peace be upon you.
The Shaykh : Welcome, and upon you be peace and the mercy of Allah and His blessings.
The student : We overwhelmed you with us.
The Shaykh : Excuse me...
The Shaykh : In reality, their classification has no relation to the previous research.
The questioner: Yes.
The Shaykh : They have a madhhab (school of jurisprudence) in which they are distinct from the majority of the imams. They say that what is established as forbidden by a text that is definitive in its authenticity and definitive in its meaning, or more precisely, what is established as prohibited by evidence that is definitive in its authenticity and definitive in its meaning, is for prohibition (haram). If one of the conditions is not met, such as the evidence being definitive in authenticity but not in meaning, or definitive in meaning but not in authenticity, they derive from it makruh tahrimi (disliked to the point of prohibition). The same text that indicates prohibition, if it comes through a path that is not definitive in authenticity, they agreed to derive from it makruh tahrimi, not haram. They also said regarding the commands of the Shari'ah: if the command is definitive in authenticity and definitive in meaning, it indicates fard (obligatory). If one of the conditions is lacking, it indicates wajib (obligatory). So, makruh tahrimi is in a position below prohibition for them, just as wajib is in a position below fard for them. This was their terminology. So, makruh tanzihi is a matter... it is understood to be makruh tanzihi, and this means that if a person does it, he does not sin and is not punished, unlike makruh tahrimi or haram. So this remains a terminology specific to the Hanafis and the majority, including the Shafi'is.
The questioner: Yes.
The Shaykh : And in truth, strange things result from this terminology. For example: zakat al-fitr (the alms given at the end of Ramadan). You know that the text came in "al-Sahihayn" (the two authentic collections) from the hadith of 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) made zakat al-fitr obligatory," to the end of the hadith. Despite this, the Hanafis do not say that zakat al-fitr is fard (obligatory), but rather that it is wajib (obligatory), despite the existence of such a text. Their answer, according to the previous rule, is that this text did not come in the Book of Allah, but rather in ahad (limited chain) hadiths. You know that ahad means it is not mutawatir (mass-transmitted). Therefore, they often depart from the meaning of the text because of the lack of definitive authenticity of the text. Its authenticity is not definitive, so they try to understand the text in a way that aligns and agrees with their rule. So here, fard, they say, is wajib, and it does not mean fard. And so on. For example, his saying (peace and blessings be upon him):
There is no Salat for the one who does not recite Fatihatil-Kitab.
لا صلاة لِمَن لم يقرأ بفاتحة الكتابThe student: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings.
The student: Peace be upon you.
The Shaykh : Welcome, and upon you be peace and the mercy of Allah and His blessings.
The student : We overwhelmed you with us.
The Shaykh : Excuse me...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
