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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the validity of the condition imposed by some later scholars for the permissibility of acting upon a weak hadith, namely that it must be in the virtues of deeds?

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The questioner : Are the conditions that some of the later preservers of hadith stipulated for the permissibility of acting upon a weak hadith in the virtues of deeds correct? And if they are correct, is it permissible to act upon them in the virtues of deeds?

The Shaykh : They are undoubtedly correct, indeed obligatory. However, the correct view is that acting upon a weak hadith is not permissible absolutely, except in one case and with one condition: when the hadith contains a legal ruling and mentions a specific virtue for it. In terms of the ruling and its legality, it has been established by another hadith, but that other hadith does not contain this specific virtue that the weak hadith includes. In this case, it is correct to say that the weak hadith is acted upon in the virtues of deeds. It is not that the weak hadith prescribes virtues of deeds; rather, it is acted upon in the virtues of deeds.
In this scenario, the virtue of the deed, like its legality, is established by the authentic hadith. As for the specific virtue that came in the weak hadith, it is hoped that it is established in reality. Therefore, this weak hadith does not obstruct a legal ruling, because acting upon that ruling has been established by other means. The presence or absence of this hadith does not harm or benefit the legality of the ruling, as it is prescribed. However, it is hoped that the virtue mentioned in the weak hadith is something the Muslim can attain. For example, what falls under this is the virtue, or let us say now, the legality of the Dhuha prayer.
The legality of the Dhuha prayer has been established by the action of the Messenger (peace and blessings be upon him) in performing it, in more than one hadith of his actions (peace and blessings be upon him and his family). This action, which carries the legality of the Dhuha prayer, does not need a weak hadith to establish its legality. However, there is a narrated hadith, I think in Sunan al-Tirmidhi,
No one guards the Duha prayer except a believer لا يحافظ على صلاة الضحى إلا مؤمن
Sahih Ibn Khuzaymah 2:850
This is a weak hadith. If it is narrated and its weakness is clarified, it is said in such cases that it is acted upon in the virtues of deeds, because this meaning applies exactly. The fact that the Messenger (peace and blessings be upon him) did that is undoubtedly among the virtues of deeds, because it is worship. When this weak hadith comes, it is said that it is acted upon in the virtues of deeds, that it is narrated. However, when it is narrated, its weakness should be clarified. This aligns with some of the conditions mentioned.
But these conditions do not provide the detail we mentioned. In fact, these conditions may imply the permissibility of acting upon a weak hadith even if it contains a prescribed deed whose legality is not established except by the weak hadith. An example is:
The student: Peace be upon you.

The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
It has been established in the authentic Sunnah that the Prophet (peace and blessings be upon him and his family), when they finished placing the deceased in the grave and the digger began to throw dirt on him, he would take three handfuls and throw them into the grave. This is established. But a weak hadith came أن النبي صلى الله عليه وسلم كان يقول بالحثوى الأولى منها خلقناكم في الثانية وفيها نعيدكم في الثالثة ومنها نخرجكم تارة أخرى هذا الحديث ضعيف لكن بعض من يدندون حول الجملة السابقة يعمل بالحديث الضعيف في فضائل الأعمال على الإطلاق قال لما ذكر هذا الحديث الضعيف الأخير قال " وهذا الحديث وإن كان ضعيفا فمن المتفق عليه " في رأيه " أنه يجوز العمل بالحديث الضعيف في فضائل الأعمال " لكن هنا بقى يرد خلاف ما ذكرناه آنفا من أين نثبت فضيلة هذه الحثيات الثلاث زائد مع تقسيمها او مع تقسيم الآية الكريمة عليها لم يثبت في حديث صحيح كما ثبت الأصل أصل الثلاث حثيات ... من فعله عليه السلام لكن هذا التصنيف وتقسيم الآية على الثلاث حثيات لم يأت إلا بهذا الحديث الضعيف
فإذن هنا لا يصدق قولهم يعمل بالحديث الضعيف في فضائل الأعمال بل في هذا تشريع بالحديث الضعيف أمرا لم يكن مشروعا وهو قرن الحثوة بشيء من الآية المذكورة آنفا فلهذا لا يصح القول بإطلاق الجواز العمل بالحديث الضعيف في فضائل الأعمال إلا على الصورة السابقة آنفا نعم That the Prophet (peace and blessings be upon him and his family) used to say with the first handful, "From it We created you," with the second, "In it We will return you," and with the third, "From it We will bring you out another time." This hadith is weak. But some of those who revolve around the previous phrase act upon the weak hadith in the virtues of deeds absolutely. When this last weak hadith was mentioned, he said, "And this hadith, although it is weak, it is agreed upon" in his opinion "that it is permissible to act upon a weak hadith in the virtues of deeds." But here, contrary to what we mentioned earlier, where do we establish the virtue of these three handfuls, along with their division, or with the division of the noble verse upon them? It has not been established in an authentic hadith, as the original matter of the three handfuls was established from his action (peace be upon him). But this classification and division of the verse upon the three handfuls did not come except through this weak hadith. Therefore, their statement that a weak hadith is acted upon in the virtues of deeds is not true here. Rather, in this, there is legislation by a weak hadith of a matter that was not prescribed, which is linking the handful to a part of the verse mentioned earlier. For this reason, it is not correct to say that acting upon a weak hadith in the virtues of deeds is permissible absolutely, except in the scenario mentioned earlier. Yes.
Source alathar.net

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

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