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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A hadith in "Musnad al-Imam Ahmad" from the Prophet (peace and blessings be upon him)

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The questioner : ... His saying (peace and blessings be upon him) ... was narrated by Imam Ahmad and others from the three whom the anger of Allah intensified, a man who killed a prophet or was killed by a prophet ... the hadith, and he is an actor among the actors. So some students cited this as evidence for the prohibition of the known acting that we discussed last night, in which you clarified that ... the reasons for the prohibition of acting ...; is this evidence valid? This is what al-Bukhari mentioned ... regarding some of his brothers: Chapter on what came ... teaching without addition or ...?

The Shaykh : The "actor" here is the one who makes statues; because the known acting in the modern era is a term of necessity, and among the errors in which some people may fall is that they interpret some of the Shari'ah texts with jurisprudential or customary terms, and this interpretation is of that kind. So it is not permissible to interpret "actor" to mean the known acting; which is that a person impersonates the image of another person, who may be a righteous man while the actor is wicked, or that one may be a shaykh and this one ... and the like; so this meaning has no ... existence in the Arabic language that we know, and I said earlier that some scholars, due to a lapse that occurred to them, interpret some of the Shari'ah texts in the manner of this current term, even if it were a jurisprudential term. Many scholars use "disliked" to mean that if a person does the thing, he has contradicted what is preferable, but there is no sin in it. Then some phrases from some of the Salaf regarding the dislike of something are interpreted by them with this same terminological meaning, and this is an error; because ... applying new terms to old Arabic concepts corrupts the Shari'ah.
And of this kind is His saying (Glorified and Exalted is He) when He mentioned some of the sins in the noble verse, such as zina and theft and the like, He followed that with His saying (Mighty and Majestic):
All that - its evil is ever, in the sight of your Lord, detested. كُلُّ ذَلِكَ كَانَ سَيِّئُهُ عِنْدَ رَبِّكَ مَكْرُوهًا
[Al-Isra 17:38]
So the word "disliked" here does not mean the jurisprudential terminological meaning, meaning it is contrary to, meaning what? The preferable,
And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا
[Al-Isra 17:32]
, so this zina whose path is bad is the disliked in some Shari'ah texts; therefore, when a phrase from Imam al-Shafi'i came in a jurisprudential issue of extreme subtlety, which they addressed in the branches: if a man commits zina with a woman, then she gives birth to a daughter, and she grows up and becomes a woman eligible for marriage; is it permissible for her father in zina to marry her? There are two opinions from the scholars: The opinion of Abu Hanifa and those who agreed with him among the imams is that ... it is upon him if she were his daughter in lineage and in Shari'ah. And the Shafi'is mention from Imam al-Shafi'i that he disliked it, so they interpreted Imam al-Shafi'i's dislike with the modern jurisprudential term and said: It is permissible, but it is disliked; if we interpret Imam al-Shafi'i's words according to the Quranic expression, the opinion of Imam al-Shafi'i agrees with the opinion of Imam Abu Hanifa and his followers, and also Sheikh al-Islam Ibn Taymiyyah, that this man is permitted to marry his daughter in haram; because she is his daughter, and she came from his loins; so it is as is said in some other rulings, like marrying oneself with oneself, but there is an opinion and I see it as resembling a philosophy that considers neither transmission nor reason; which is that children of haram have no sanctity, and I thought about this issue a lot; because these subtle disagreements that occurred between the imams, I saw ... =
-- Which direction is the qiblah for you?Another questioner : ... . The Shaykh: Exactly toward me? --
= I thought about their saying that haram does not prohibit, and some of them narrated it as a hadith raised to the Prophet (peace and blessings be upon him and his family), and that is not authentic ... then she contradicted it and breastfed a daughter from her milk; there is no doubt that this breastfeeding makes this daughter the daughter of her husband ... , and he said (peace and blessings be upon him):
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful. يحرم من الرضاع ما يحرم من النَّسب
Sunan Ibn Majah 1937Sahih (Darussalam)
, the difference between this case and the other cases in which the jurists do not hesitate to include them in the generality of his saying (peace and blessings be upon him):
Breast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful. يحرم من الرضاع ما يحرم من النَّسب
Sunan Ibn Majah 1937Sahih (Darussalam)
; the difference is that breastfeeding is usually permissible due to the permissibility of the husband; and the milk, as is said, belongs to the husband; meaning: he is the cause of its occurrence; so if in the rare case we described, the husband did not permit his wife to breastfeed anyone, and then she did so; does this breastfeeding not affect the prohibition? I do not believe anyone says: No; because this milk entered the stomach of this infant, so she was nourished by the milk whose cause of growth and existence is the husband, so I saw that this case tips the scale in favor of those who held that the daughter from zina is not permissible to be married by the fornicator to her mother; because the prohibition is that something from this man has transferred to that daughter; so it is not permissible to marry her even if she is a daughter of zina.
Yes.

The questioner: Commenting on this; if the daughter was before he committed zina with her mother; meaning she is not from his seed, he committed zina after that?

The Shaykh: Likewise, as if it were a marriage.
Yes.
Source www.al-albany.com

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

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