On the issue of deliberate sin; do we say that where there is a text specifying an expiation, we act upon it, such as the hadith: (Whoever says to his companion:
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The Shaykh Al-Halabi: O Shaykh, the issue of deliberateness—meaning, returning to the issue of deliberateness—does it not present a difficulty, or is it not said—meaning, posing a difficulty to the issue—that where there is a text, we act upon it? So if it is stated that this sin, even if it is deliberate, has an expiation, we say so, and if it has no expiation, we do not say so? For example: the issue of fasting, we took the issue of fasting as an example, the issue of fasting has no text, so we do not invent anything as a penalty for it, and the second issue we took as an example, what is the second issue, my professor, with fasting?
Another questioner : The expiation for an oath.
The Shaykh Al-Halabi: Yes, the expiation for an oath has a text, which is: and it mentions among them the oath that involves a lie; so there is a text for it, so we say this, and we do not say that for the other. So the saying of the Prophet (peace and blessings be upon him): Sunan ad-Daraqutni 15:212 came to confirm it, so we confirm it; like the saying of the Prophet (peace and blessings be upon him): Sunan an-Nasa'i 3775Sahih (Darussalam)?
The Shaykh: Yes, but there is a difference, my professor!
The Shaykh Al-Halabi : Please, our Shaykh.
The Shaykh: Do you think that the one who says to his companion: Come, let me gamble with you, and he has been ordered to give charity, will this speech repeat from him?
The questioner : How do you mean, my teacher?
The Shaykh: Will it repeat from him? Meaning, one person made a mistake and said: Come, let me gamble with you, and then he was alerted that an expiation will come out on you; will he return to it?
The Shaykh Al-Halabi: The principle is that he does not return to it.
The Shaykh: No, do you imagine that he will return to it?
The Shaykh Al-Halabi: It is imagined, our Shaykh.
The Shaykh: No, it is not imagined.
Another questioner: He does not return to it.
The Shaykh: He does not return to it, because look, my brother, and from here—and do not hold me to this—the effect of the saying of the Messenger appears:Sahih Muslim 1037a, understanding religion is very important. When does a person return to something? When he has a desire for it. Here, the one who said to his brother: Come, let me gamble with you, there is no desire in it, but rather there is the prevalence of an old pre-Islamic age of ignorance custom, so it slips off the tongue and he says: Come, let me gamble with you. So as a refinement for them and a discipline for them, the expiation came. But when this man is a Muslim, of course, committed—as it is said today—he is told: the Shari'ah orders you to expiate; what carries him to return and fall into the same mistake that necessitates it? The expiation? There is no lust here, but rather there is a prevalent custom, which is according to what they lived in during the pre-Islamic age of ignorance. But our issue here differs completely from the issue of "Come, let me gamble with you." Here there is desire; and therefore I am imagining that a man who is not deterred will face expiation after expiation, and he is coming to his lawful wife but in the place where it is forbidden to come to her; this does not save him from the expiation, so he is sinful. Then do you understand with me what the meaning of the expiation is? Expiation for what?
The questioner: The sin.
The Shaykh: Is that not so? Good; so if we imagine now that this man is constantly having intercourse with his wife, he does not distinguish between the lawful and the forbidden, and he keeps facing the value we mentioned earlier, especially if he is rich, this is not raised by this expiation. The intended meaning of expiation is the refinement and upbringing of the soul that commands evil. So if he is not raised; then we must return and say: this is sinful, and the expiation does not intercede for him; so do not expiate his sin for him; this is what I testify to Allah, and Allah (Glorified and Exalted is He) knows best.
The questioner : May Allah reward you with good.
Another questioner : The expiation for an oath.
The Shaykh Al-Halabi: Yes, the expiation for an oath has a text, which is:
Five for which there is no expiation
خمس ليس عليهنَّ كفارةWhoever has intercourse with a menstruating woman, let him give charity of a dinar or half a dinar
من أتى حائضًا فليتصدَّق بدينار أو بنصف دينارAnd whoever says to his companion: Come, let us gamble, then let him give in charity.
من قال لصاحبه : تعالَ أقامِرْك - وهي معصية - فليتصدَّقThe Shaykh: Yes, but there is a difference, my professor!
The Shaykh Al-Halabi : Please, our Shaykh.
The Shaykh: Do you think that the one who says to his companion: Come, let me gamble with you, and he has been ordered to give charity, will this speech repeat from him?
The questioner : How do you mean, my teacher?
The Shaykh: Will it repeat from him? Meaning, one person made a mistake and said: Come, let me gamble with you, and then he was alerted that an expiation will come out on you; will he return to it?
The Shaykh Al-Halabi: The principle is that he does not return to it.
The Shaykh: No, do you imagine that he will return to it?
The Shaykh Al-Halabi: It is imagined, our Shaykh.
The Shaykh: No, it is not imagined.
Another questioner: He does not return to it.
The Shaykh: He does not return to it, because look, my brother, and from here—and do not hold me to this—the effect of the saying of the Messenger appears:
He upon whom Allah intends to bestow goodness, He confers upon him an insight in religion
من يُرِدِ الله به خيرًا يُفقِّهْهُ في الدينThe questioner: The sin.
The Shaykh: Is that not so? Good; so if we imagine now that this man is constantly having intercourse with his wife, he does not distinguish between the lawful and the forbidden, and he keeps facing the value we mentioned earlier, especially if he is rich, this is not raised by this expiation. The intended meaning of expiation is the refinement and upbringing of the soul that commands evil. So if he is not raised; then we must return and say: this is sinful, and the expiation does not intercede for him; so do not expiate his sin for him; this is what I testify to Allah, and Allah (Glorified and Exalted is He) knows best.
The questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
