Clarifying the anomaly of the hadith of Mu'adh (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him), when he intended to send Mu'adh to
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[There is severe audio distortion, and the voice is not clear]
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The Shaykh: Refers to the hadith of Mu'adh.
The questioner: It is said ... .
The Shaykh: Do you know the hadith of Mu'adh?
The questioner: Yes, he sent him to Yemen.
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The Shaykh: He said to him: ; is that it?
The questioner: No.
The Shaykh: Was it?
The questioner : .
The Shaykh: Okay ... do you know this hadith? Okay, he is asking if this hadith is anomalous in its text? Is it anomalous in its text as well?! He explained the anomaly and the matter became confused for him.
Another questioner : And upon you be peace and the mercy of Allah.
The Shaykh: So here, finally, he is clarifying whether what he understood from some of our brothers is correct? I told him: Yes, the understanding is correct. So you ... this explanation reached your ears, so you need to ... the hadith regarding ... the degrees of reliance or argumentation ... . He said: By the Book of Allah. He said: . He said: By the Sunnah of the Messenger of Allah. He said: . He said: I will use my own opinion and not spare any effort. He (peace be upon him) said - they claimed! - : Sunan Abi Dawud 3592Da'if (Al-Albani) .
The anomaly in this hadith lies in its meaning, in that it established three levels: First, a person starts with the Qur'an; if he does not find the answer in the Qur'an, he descends a level to the Sunnah; if he does not find it in the Sunnah, he finally descends to ijtihad. The final level is, of course, clear and evident: if he finds it neither in the Qur'an nor the Sunnah, he resorts to opinion.
But it is not so; if he finds the answer to a question in the Qur'an, he does not resort to the Sunnah; because the Qur'an often contains the answer ... the Sunnah clarifies and explains. For example, if a questioner asks: What is the ruling on eating an eagle, is it permissible or not? You look in the Qur'an first: you do not find the word "eagle," secondly: you do not find what indicates it, although you may find what indicates that eating it is permissible; due to the generality of His saying:[Al-An'am 6:145] ... the Sunnah comes and says: Sunan an-Nasa'i 4348 ; so when this questioner was asked about the eagle ... and similar birds and beasts, he looked in the Qur'an and found this verse; he can say, in detail, that this hadith of Mu'adh is lawful.
Likewise, if he is asked about ... breastfeeding, or - for example - a maternal aunt or paternal aunt in breastfeeding, or an uncle in breastfeeding; he does not find the ruling for all of this in the Qur'an; because in the Qur'an he does not find except His saying: "" and your sisters through breastfeeding "", is that not so?
Another questioner :[An-Nisa 4:23] .
The Shaykh : Yes?
Another questioner :[An-Nisa 4:23] .
The Shaykh: A paternal aunt through breastfeeding, and a maternal aunt through breastfeeding; he does not find any of this, but he finds it in the Sunnah ...[An-Nisa 4:24] , so if he relies on the verse, he rejects the Sunnah; Sunan Ibn Majah 1937Sahih (Darussalam) , and so on, many and very many things.
So it is not permissible for the first thing when a question reaches the mufti to limit his consideration to the Qur'an only, and if he finds the Qur'an implying a general or vague answer, he says: We found the answer in the Book of Allah, as was the case with ... the Messenger (peace be upon him) when he said: . And in another hadith: . =
-- From minute 37:45, then no sound at all until minute 43:35 --
= ... Indeed, I was given the Qur'an and its like with it . And in another hadith: .
So relying on the Qur'an only when a person is first asked is not permissible; rather, it is necessary to combine the Qur'an and the Sunnah, and to this he (peace be upon him) alluded by his saying:Mishkat al-Masabih 186Hasan (Zubair `Aliza'i) .
With this explanation, it becomes clear that the detail mentioned in the hadith of Mu'adh is not correct, He said: By the Book of Allah; meaning alone, there is no separation between the Book and the Sunnah at all. The correct answer is: I judge by the Book of Allah and the hadith of the Messenger of Allah together; because each of them does not do without the other, because each of them comes from a single source, and it is not ... yes. And it is not so with opinion and ijtihad.
And what clarifies the anomaly of the hadith is that we start from the end of the hadith; when does a person judge by opinion? When he does not find the Sunnah, and when does he judge by the Sunnah? When he does not find the Qur'an; is this correct? It is not correct. When does he judge by opinion? The answer is: When he does not find it in the Qur'an or the Sunnah. So is it said: When does he judge by the Sunnah only? Or when does he judge by the Qur'an? No. They are twin brothers who do not separate ... okay, and by what do you judge? By the Book of Allah and the Sunnah of the Messenger of Allah. There is no ... .
Yes.
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The Shaykh : Glory be to You, O Allah, and praise be to You. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You.
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The Shaykh: Refers to the hadith of Mu'adh.
The questioner: It is said ... .
The Shaykh: Do you know the hadith of Mu'adh?
The questioner: Yes, he sent him to Yemen.
...
The Shaykh: He said to him:
You will come to a people of the Book; so let the first thing you call them to be that they testify that there is no god but Allah
إنك تأتي قومًا أهل كتاب ؛ فليكُنْ أوَّل ما تدعوهم إليه أن يشهدوا أن لا إله إلا اللهThe questioner: No.
The Shaykh: Was it?
The questioner :
By what do you judge?!
بِمَ تحكم ؟!The Shaykh: Okay ... do you know this hadith? Okay, he is asking if this hadith is anomalous in its text? Is it anomalous in its text as well?! He explained the anomaly and the matter became confused for him.
Another questioner : And upon you be peace and the mercy of Allah.
The Shaykh: So here, finally, he is clarifying whether what he understood from some of our brothers is correct? I told him: Yes, the understanding is correct. So you ... this explanation reached your ears, so you need to ... the hadith regarding ... the degrees of reliance or argumentation ...
By what do you judge?
بِمَ تحكم ؟If you do not find it?!
فإن لم تَجِدْ ؟!If you do not find it?!
فإن لم تَجِدْ ؟!Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah
الحمد لله الذي وفَّقَ رسولَ رسولِ الله لِمَا يحبُّ رسول اللهThe anomaly in this hadith lies in its meaning, in that it established three levels: First, a person starts with the Qur'an; if he does not find the answer in the Qur'an, he descends a level to the Sunnah; if he does not find it in the Sunnah, he finally descends to ijtihad. The final level is, of course, clear and evident: if he finds it neither in the Qur'an nor the Sunnah, he resorts to opinion.
But it is not so; if he finds the answer to a question in the Qur'an, he does not resort to the Sunnah; because the Qur'an often contains the answer ... the Sunnah clarifies and explains. For example, if a questioner asks: What is the ruling on eating an eagle, is it permissible or not? You look in the Qur'an first: you do not find the word "eagle," secondly: you do not find what indicates it, although you may find what indicates that eating it is permissible; due to the generality of His saying:
Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood
قُلْ لَا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَى طَاعِمٍ يَطْعَمُهُ إِلَّا أَنْ يَكُونَ مَيْتَةً أَوْ دَمًاany birds with talons and any predators with fangs
كلُّ ذي مخلبٍ من الطير ، وكلُّ ذي ناب من السباع حرامٌLikewise, if he is asked about ... breastfeeding, or - for example - a maternal aunt or paternal aunt in breastfeeding, or an uncle in breastfeeding; he does not find the ruling for all of this in the Qur'an; because in the Qur'an he does not find except His saying: "" and your sisters through breastfeeding "", is that not so?
Another questioner :
your sisters through nursing
وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِThe Shaykh : Yes?
Another questioner :
your [milk] mothers who nursed you, your sisters through nursing
وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِThe Shaykh: A paternal aunt through breastfeeding, and a maternal aunt through breastfeeding; he does not find any of this, but he finds it in the Sunnah ...
And lawful to you are [all others] beyond these
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْBreast-feeding makes unlawful (for marriages) the same things that blood tie make unlawful.
يحرم من الرضاع ما يحرم من النسبSo it is not permissible for the first thing when a question reaches the mufti to limit his consideration to the Qur'an only, and if he finds the Qur'an implying a general or vague answer, he says: We found the answer in the Book of Allah, as was the case with ... the Messenger (peace be upon him) when he said:
I will not find any of you reclining on a couch saying: This is the Book of Allah; so whatever we find therein as forbidden, we forbid, and whatever we find therein as lawful, we make lawful. Beware, for I have been given the Qur'an and something similar to it with it.
لا ألفيَنَّ أحدكم متَّكئًا على أريكته يقول : هذا كتاب الله ؛ فما وجدنا فيه حرامًا حرَّمناه ، وما وجدنا فيه حلالًا حلَّلناه ؛ ألا إني أوتيت القرآن ومثله معهBeware, for the Messenger of Allah forbade only what Allah forbade.
ألا إنما حرَّم رسول الله مثلما حرَّم الله-- From minute 37:45, then no sound at all until minute 43:35 --
= ... Indeed, I was given the Qur'an and its like with it . And in another hadith:
Beware, for the Messenger of Allah forbade only what Allah forbade.
ألا إنما حرَّم رسول الله مثلما حرَّم اللهSo relying on the Qur'an only when a person is first asked is not permissible; rather, it is necessary to combine the Qur'an and the Sunnah, and to this he (peace be upon him) alluded by his saying:
As long as you hold fast to two things which I have left among you, you will not go astray: God’s Book and His messenger’s sunna
تركْتُ فيكم أمرَين لن تضلُّوا ما إن تمسَّكتم بهما ؛ كتاب الله وسنَّتيWith this explanation, it becomes clear that the detail mentioned in the hadith of Mu'adh is not correct,
By what do you judge?
بِمَ تحكم ؟And what clarifies the anomaly of the hadith is that we start from the end of the hadith; when does a person judge by opinion? When he does not find the Sunnah, and when does he judge by the Sunnah? When he does not find the Qur'an; is this correct? It is not correct. When does he judge by opinion? The answer is: When he does not find it in the Qur'an or the Sunnah. So is it said: When does he judge by the Sunnah only? Or when does he judge by the Qur'an? No. They are twin brothers who do not separate ... okay, and by what do you judge? By the Book of Allah and the Sunnah of the Messenger of Allah. There is no ... .
Yes.
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The Shaykh : Glory be to You, O Allah, and praise be to You. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
