In other hadiths, such as the Prophet (peace and blessings be upon him) drinking the leftover water from his ablution, the scholars derived from combining these hadiths and said:
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The questioner : But there are other hadiths, such as the Prophet (peace and blessings be upon him) drinking the leftover water from his ablution. Abu Hurayrah used to narrate this hadith, so 'Ali ibn Abi Talib took offense at him for restricting what is broad for people. He performed the ablution, then stood up and drank the leftover water from his ablution while standing, and reported that the Prophet (peace and blessings be upon him) had done so. This contradicts what was mentioned, just as Abu Hurayrah (may Allah be pleased with him) did. The scholars derived from this, meaning in combining these hadiths, that the prohibition is for the sake of disapproval and the action to indicate permissibility?
The Shaykh : This is a pure error... from several aspects. First, you have not brought a verbal hadith that contradicts the sayings of the Messenger (peace be upon him). You are still in the same previous position, which is that you are arguing with his action (peace and blessings be upon him). All that is in the hadith you mentioned is 'Ali's objection to Abu Hurayrah. Okay; when 'Ali objected to Abu Hurayrah, did he present an argument to Abu Hurayrah along with that hadith? And with others as well, that prohibiting hadith? Did 'Ali (may Allah be pleased with him) present an argument from his saying (peace be upon him) other than that he saw the Messenger (peace and blessings be upon him) drinking the leftover water from his ablution?
The questioner : ... .
The answer: No, allow me, the answer: No; in that case, we say: if the saying and the action conflict, the saying is given precedence over the action. And if a Companion objected to a Companion, here comes His saying (Glorified and Exalted is He):[An-Nisa 4:59]. This is the answer regarding the hadith, and that it does not depart from what we indicated from other practical hadiths. But here comes something else; and that is that this is specific to the leftover water from his ablution (peace be upon him). It is possible to exclude this if we want to give this action a special value. We say this is specified to the leftover water from his ablution (peace be upon him); meaning, and in imitation of him and following his example, it can be said. As for me, I do not adopt this; because the one who prohibits is given precedence over the one who permits. This is answer number one.
And answer number two: It is true that some scholars mentioned combining the hadiths by interpreting the hadiths of prohibition as disapproval of the type that is not forbidden. But I say with complete frankness that this comes from a lack of precision in the wording of the hadiths, or at least... the words that came regarding this prohibition. If there had been only the hadith: The Messenger of Allah (peace and blessings be upon him and his family) prohibited, this prohibition could have been interpreted as disapproval of the type that is not forbidden, reconciling his action (peace and blessings be upon him) with his prohibition. But I say: these two things, one of which we have no knowledge of, and no one has claimed that his action (peace be upon him) was after his prohibition. If that had been established, the prohibition could have been interpreted as disapproval, and the Messenger (peace be upon him) clarified the prohibition because it was not for prohibition. But as far as I know, no one has made this claim. Therefore, we return to the two previous rules.
The questioner : Okay, Shaykh, and this... is the most knowledgeable of the Companions...
The Shaykh : No, no, this.
The questioner : And the one who used to say: ... Does not 'Ali ibn Abi Talib know that this action was from the Prophet (peace and blessings be upon him)...?
The Shaykh : May Allah forgive you! May Allah forgive you! If you start opening this door, is it hidden from 'Uthman (may Allah be pleased with him) that if a man has intercourse with his wife and does not emit semen, he does not need to perform the full ritual bath? Is it hidden from 'Umar ibn al-Khattab that if a traveler does not find water, he remains not praying until he finds water and does not perform dry ablution? This is not possible—may Allah bless you—we do not deny the authentic hadiths of the Messenger simply out of good opinion of every great, noble Companion, like one of the Rightly Guided Caliphas, having a good opinion that he encompassed all things with knowledge. But as... from the saying of Imam al-Shafi'i: "There is no one but that a Sunnah of the Sunnahs of the Prophet (peace and blessings be upon him) is hidden from him; so whatever I say of a saying or establish of a principle, and the hadith of the Messenger of Allah (peace and blessings be upon him) is contrary to my saying; then leave my saying and take from the Sunnah of the Messenger of Allah (peace and blessings be upon him and his family)." Therefore, it is not permissible—may Allah bless you—to open the door of rejecting hadiths merely because a very great man like 'Ali ibn Abi Talib (may Allah be pleased with him) issued a ruling contrary to that, otherwise we would open for people a door of figurative interpretation and denial of the divine attributes of the sacred texts, which we are not capable of rejecting or...
And after my answer was completed, I said: that it is not permissible to interpret the prohibition of the Messenger (peace be upon him) as disapproval for a second reason; and that is that we do not know—at the very least—the delay of his action which we can consider as clarification of his saying. We do not know that it was delayed from his saying so that we can say: his action was a clarification of his saying, and that his saying does not mean prohibition of the type that is forbidden, but rather disapproval of the type that is not forbidden; this is first.
Second: The hadith mentioned previously, transmitted from "Musnad Imam Ahmad," you find here the Messenger (peace be upon him) saying to the one who drank while standing:; do you believe that such an obligation is imposed on one who brought something disliked of the type that is not forbidden and made it a general law? That as long as you drank while standing, you must expel this water; this is the meaning of , and this does not need clarification. Add to that . He said: No, O Messenger of Allah. He said: , so an action in which the Shaytan participated with the human being is said: it is permissible but with disapproval of the type that is not forbidden? This is one of the most astonishing things said. But those who say it, in truth, did not stop at these narrations collectively.
And finally—and here I want to benefit from you... because if I benefited from the dead scholars from the bellies of books... then I benefit from you now—do you not find a difference between the Messenger of Allah prohibited such and such and the Messenger of Allah rebuked such and such, or are they equal in indication, or is one stronger than the other? Benefit me. Yes?
The questioner : Deterrence is stronger.
The Shaykh : This is what I understood from what I learned from the Book of Allah and from the hadith of the Messenger of Allah (peace and blessings be upon him), otherwise I am Al-Albani and I still speak the Albanian language and I am proficient in it as well. Therefore, I say I fear that the accent is a deceiver, meaning, so we seek help from the Arabs. In that case, the Messenger of Allah (peace and blessings be upon him and his family) prohibited drinking while standing, it is possible, with regard to the distinction you made in the saying, that his action is a clarification of his prohibition, it can be said prohibited meaning: for the sake of disapproval. Is it said rebuked for the sake of disapproval?
The questioner : This is the issue, Shaykh.
The Shaykh : No, please... the answer... may Allah bless you, it does not need a detailed answer.
The questioner : ... .
The Shaykh : If you allow me, it does not need a detailed answer as I claim, but you have the right to interpret however you wish if you wish, but give me an answer. Can it be said rebuked meaning disliked or is it not possible, then explain whatever you wish?
The questioner : I cannot determine regarding the word rebuked.
The Shaykh : How?
The questioner : Because I do not know a linguistic rule until I...
The Shaykh : No, no. As far as I can see, since you say—and you are right to say so—that *zajr* (reproach) is stronger than *naha* (prohibition), and the scholars have proceeded to interpret it... sometimes carrying it over to *karahah* (dislike), this is well known. But I have not seen a scholar interpret *zajr* to mean *karahah tanzihiyyah* (dislike of disapproval); I do not know of one. So please inform me with your knowledge. Then I want to remind you finally that this term *zajr* is not from me; rather, there are two narrations in *Sahih Muslim* from the hadith of Anas ibn Malik, who said: "The Messenger of Allah (peace and blessings be upon him) prohibited drinking while standing." In one narration it says: "The Messenger of Allah (peace and blessings be upon him) reproached [people] for drinking while standing." You know that the lesser in meaning is included in the greater. So *zajr* falls under *naha*, but *naha* does not fall under *zajr*, because it is stronger, as you said just now. So if we rely on this, which is a matter of knowledge known to us, we can say that *naha* can be interpreted as *naha tanzihi* (prohibition of disapproval), because the other narration confirms the prohibition and that it is a strong reproach and prevention... Then a third and final point: "It was said to Anas: 'What do you say about eating?' He said: 'It is worse.'" This is also interpreted—*sharr* (worse) meaning *makruh* (disliked)? By Allah, my mind cannot accommodate... these interpretations. This is if we stop at this text. What about that hadith which says to the one who drinks while standing: and ... If we look at the individual words of these matters, they would be sufficient to establish that drinking while standing without knowledge is not permissible, of course. How much more so when they are all gathered together? Yes.
The questioner : If we want to understand... the Shari'ah, we should understand it as the righteous Salaf (may Allah be pleased with them) understood it. 'Ali ibn Abi Talib (may Allah be pleased with him) was one of the most knowledgeable of the Companions. The hadith of Abu Hurayrah reached him. This is if we say that he did not hear it, as you kindly mentioned just now. He may have been unaware of it!
The Shaykh : The *qudqudah* (a type of bird) entered...
The questioner : The *qudqudah*, O Shaykh, is not an excuse for fleeing.
... ... ...
The Shaykh : This is a pure error... from several aspects. First, you have not brought a verbal hadith that contradicts the sayings of the Messenger (peace be upon him). You are still in the same previous position, which is that you are arguing with his action (peace and blessings be upon him). All that is in the hadith you mentioned is 'Ali's objection to Abu Hurayrah. Okay; when 'Ali objected to Abu Hurayrah, did he present an argument to Abu Hurayrah along with that hadith? And with others as well, that prohibiting hadith? Did 'Ali (may Allah be pleased with him) present an argument from his saying (peace be upon him) other than that he saw the Messenger (peace and blessings be upon him) drinking the leftover water from his ablution?
The questioner : ... .
The answer: No, allow me, the answer: No; in that case, we say: if the saying and the action conflict, the saying is given precedence over the action. And if a Companion objected to a Companion, here comes His saying (Glorified and Exalted is He):
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فإن تنازعتم في شيء فردُّوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الآخر ذلك خير وأحسن تأويلًاAnd answer number two: It is true that some scholars mentioned combining the hadiths by interpreting the hadiths of prohibition as disapproval of the type that is not forbidden. But I say with complete frankness that this comes from a lack of precision in the wording of the hadiths, or at least... the words that came regarding this prohibition. If there had been only the hadith: The Messenger of Allah (peace and blessings be upon him and his family) prohibited, this prohibition could have been interpreted as disapproval of the type that is not forbidden, reconciling his action (peace and blessings be upon him) with his prohibition. But I say: these two things, one of which we have no knowledge of, and no one has claimed that his action (peace be upon him) was after his prohibition. If that had been established, the prohibition could have been interpreted as disapproval, and the Messenger (peace be upon him) clarified the prohibition because it was not for prohibition. But as far as I know, no one has made this claim. Therefore, we return to the two previous rules.
The questioner : Okay, Shaykh, and this... is the most knowledgeable of the Companions...
The Shaykh : No, no, this.
The questioner : And the one who used to say: ... Does not 'Ali ibn Abi Talib know that this action was from the Prophet (peace and blessings be upon him)...?
The Shaykh : May Allah forgive you! May Allah forgive you! If you start opening this door, is it hidden from 'Uthman (may Allah be pleased with him) that if a man has intercourse with his wife and does not emit semen, he does not need to perform the full ritual bath? Is it hidden from 'Umar ibn al-Khattab that if a traveler does not find water, he remains not praying until he finds water and does not perform dry ablution? This is not possible—may Allah bless you—we do not deny the authentic hadiths of the Messenger simply out of good opinion of every great, noble Companion, like one of the Rightly Guided Caliphas, having a good opinion that he encompassed all things with knowledge. But as... from the saying of Imam al-Shafi'i: "There is no one but that a Sunnah of the Sunnahs of the Prophet (peace and blessings be upon him) is hidden from him; so whatever I say of a saying or establish of a principle, and the hadith of the Messenger of Allah (peace and blessings be upon him) is contrary to my saying; then leave my saying and take from the Sunnah of the Messenger of Allah (peace and blessings be upon him and his family)." Therefore, it is not permissible—may Allah bless you—to open the door of rejecting hadiths merely because a very great man like 'Ali ibn Abi Talib (may Allah be pleased with him) issued a ruling contrary to that, otherwise we would open for people a door of figurative interpretation and denial of the divine attributes of the sacred texts, which we are not capable of rejecting or...
And after my answer was completed, I said: that it is not permissible to interpret the prohibition of the Messenger (peace be upon him) as disapproval for a second reason; and that is that we do not know—at the very least—the delay of his action which we can consider as clarification of his saying. We do not know that it was delayed from his saying so that we can say: his action was a clarification of his saying, and that his saying does not mean prohibition of the type that is forbidden, but rather disapproval of the type that is not forbidden; this is first.
Second: The hadith mentioned previously, transmitted from "Musnad Imam Ahmad," you find here the Messenger (peace be upon him) saying to the one who drank while standing:
Vomit
قِئْVomit
قِئْDo you like that a cat should drink with you?
أترضى أَنْ يَشْرَبَ مَعَكَ الْهِرُّ ؟One who is worse than it, Satan, drank with you.
شَرِبَ مَعَكَ مَنْ هُوَ شَرٌّ مِنْهُ ، الشَّيْطَانُAnd finally—and here I want to benefit from you... because if I benefited from the dead scholars from the bellies of books... then I benefit from you now—do you not find a difference between the Messenger of Allah prohibited such and such and the Messenger of Allah rebuked such and such, or are they equal in indication, or is one stronger than the other? Benefit me. Yes?
The questioner : Deterrence is stronger.
The Shaykh : This is what I understood from what I learned from the Book of Allah and from the hadith of the Messenger of Allah (peace and blessings be upon him), otherwise I am Al-Albani and I still speak the Albanian language and I am proficient in it as well. Therefore, I say I fear that the accent is a deceiver, meaning, so we seek help from the Arabs. In that case, the Messenger of Allah (peace and blessings be upon him and his family) prohibited drinking while standing, it is possible, with regard to the distinction you made in the saying, that his action is a clarification of his prohibition, it can be said prohibited meaning: for the sake of disapproval. Is it said rebuked for the sake of disapproval?
The questioner : This is the issue, Shaykh.
The Shaykh : No, please... the answer... may Allah bless you, it does not need a detailed answer.
The questioner : ... .
The Shaykh : If you allow me, it does not need a detailed answer as I claim, but you have the right to interpret however you wish if you wish, but give me an answer. Can it be said rebuked meaning disliked or is it not possible, then explain whatever you wish?
The questioner : I cannot determine regarding the word rebuked.
The Shaykh : How?
The questioner : Because I do not know a linguistic rule until I...
The Shaykh : No, no. As far as I can see, since you say—and you are right to say so—that *zajr* (reproach) is stronger than *naha* (prohibition), and the scholars have proceeded to interpret it... sometimes carrying it over to *karahah* (dislike), this is well known. But I have not seen a scholar interpret *zajr* to mean *karahah tanzihiyyah* (dislike of disapproval); I do not know of one. So please inform me with your knowledge. Then I want to remind you finally that this term *zajr* is not from me; rather, there are two narrations in *Sahih Muslim* from the hadith of Anas ibn Malik, who said: "The Messenger of Allah (peace and blessings be upon him) prohibited drinking while standing." In one narration it says: "The Messenger of Allah (peace and blessings be upon him) reproached [people] for drinking while standing." You know that the lesser in meaning is included in the greater. So *zajr* falls under *naha*, but *naha* does not fall under *zajr*, because it is stronger, as you said just now. So if we rely on this, which is a matter of knowledge known to us, we can say that *naha* can be interpreted as *naha tanzihi* (prohibition of disapproval), because the other narration confirms the prohibition and that it is a strong reproach and prevention... Then a third and final point: "It was said to Anas: 'What do you say about eating?' He said: 'It is worse.'" This is also interpreted—*sharr* (worse) meaning *makruh* (disliked)? By Allah, my mind cannot accommodate... these interpretations. This is if we stop at this text. What about that hadith which says to the one who drinks while standing:
Vomit
قِئْSatan drank with you.
شربَ معك الشيطانThe questioner : If we want to understand... the Shari'ah, we should understand it as the righteous Salaf (may Allah be pleased with them) understood it. 'Ali ibn Abi Talib (may Allah be pleased with him) was one of the most knowledgeable of the Companions. The hadith of Abu Hurayrah reached him. This is if we say that he did not hear it, as you kindly mentioned just now. He may have been unaware of it!
The Shaykh : The *qudqudah* (a type of bird) entered...
The questioner : The *qudqudah*, O Shaykh, is not an excuse for fleeing.
... ... ...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
