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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a Companion denying a hadith, such as the story of 'Umar (may Allah be pleased with him) with Fatimah bint Qays (may Allah be pleased with her)?

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The questioner: My Shaykh, I mean, to put it correctly, a Companion denying a hadith.

The Shaykh: A Companion denying a hadith.

The questioner: A Companion denying a hadith, for example, as an obligatory duty: Fatimah bint Qays said: "My husband divorced me with the final divorce, so the Prophet (peace and blessings be upon him) did not assign me housing or maintenance." Then 'Umar (may Allah be pleased with him) said: "Shall we accept the word of a woman and abandon the word of our Lord and the Sunnah of our Prophet? Shall we leave the word of our Lord and the Sunnah of our Prophet for the sake of a woman who may have lied or told the truth, or remembered or forgotten?" This was known among the Companions that it is obligatory for a person to forget, or for a person to lie, or something of that sort; is this considered a rejection of a report from a single narrator?
-- The Shaykh: ... I don't really have much desire ... especially in his final days.Another questioner: Please, Shaykh, an apple.The Shaykh: He has no food other than ... .Another questioner: Good, good --
= The Shaykh: We look at the narrator of the hadith and at the one who denies the hadith. If the narrator of the hadith is not trustworthy, his hadith is dropped in the first place. And if his hadith, or if he is trustworthy, his hadith is obligatory to accept in the first place; are we clear up to here?

The questioner: Yes.

The Shaykh: We return to the denier; the one who denies the hadith is either infallible or not infallible. Here, there is no doubt that the first possibility is not applicable, or he is not infallible. So we say: Since he is not infallible, it is possible that in his denial he is exercising independent legal reasoning (ijtihad) and not following his desires. Here, the first possibility is determined over the other. Correct? Did you see that clever word ... .

The questioner: We agreed that the first one does not exist; meaning, it is not possible.

The Shaykh: That he is infallible? He is not infallible; okay; so what remains? The second possibility, which is that he is not infallible; correct?

The questioner: Yes.

The Shaykh: Okay; this non-infallible denier is either exercising independent legal reasoning (ijtihad) or following his desires. The second possibility is not applicable, so he is exercising independent legal reasoning (ijtihad); correct?

The questioner : Correct.

The Shaykh: And if he is exercising independent legal reasoning (ijtihad), he is either correct or mistaken; correct?

The questioner : Yes, correct.

The Shaykh: These are self-evident premises that must be firmly established in the mind.

The questioner : If Allah wills.

The Shaykh: Now we say: Did he succeed in his independent legal reasoning (ijtihad) or did he err? We pause here; we have a mujtahid with his opinion, and we have a trustworthy transmitter of his Prophet's hadith; so what is the position of the Muslim between an opinion and a transmission? Is there a problem here?

The questioner: No, no.

The Shaykh: So the story you read, unfortunately, is authentic, but it does not mean rejecting the narration of the trustworthy woman, especially since she was a woman - as they say - in this occasion, like men; because she argued with 'Umar ibn al-Khattab; because 'Umar ibn al-Khattab argues with a general text. Recite for me the verse related to divorced women; do you remember the verse in the story?

The questioner :
And you gave one of them a qintar وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا
.

The Shaykh : No.

Another questioner: About maintenance and housing ... .

The Shaykh : How?

Another questioner :
Divorced women remain in waiting for three periods, and it is not lawful for them وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ ...
[Al-Baqarah 2:228]
.

The Shaykh: It has to do with maintenance, my brother!

The questioner :
Let a man of wealth spend from his wealth لِيُنْفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ
[At-Talaq 65:7]
.

The Shaykh: No, no, the verse - it has to do with it, of course, I am not a memorizer, and if I were a memorizer, I have reached old age - the verse by which 'Umar argued relates to spending on the divorced woman. This lady narrated that the woman divorced three times has no maintenance, and the verse in its generality indicates that the divorced woman has maintenance, and the context of the verse indicates that the divorced woman is not the one divorced with the final divorce, but rather the one divorced with a revocable divorce. So who among you memorizes it?

The questioner :
But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take [back] from it anything وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا
[An-Nisa 4:20]
.

Another questioner :
And for divorced women is a provision according to what is acceptable - a duty upon the righteous. وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ
[Al-Baqarah 2:241]
.

The Shaykh : No.

The questioner :
Lodge them [in a section] of where you dwell out of your means أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنْتُمْ مِنْ وُجْدِكُمْ
[At-Talaq 65:6]
،
and do not harm them in order to oppress them وَلَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ
[At-Talaq 65:6]
،
And if they should be pregnant, then spend on them until they give birth وَإِنْ كُنَّ أُولَاتِ حَمْلٍ فَأَنْفِقُوا عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ
[At-Talaq 65:6]
.

The Shaykh: The important thing now is that she argued with 'Umar and drew his attention to the fact that the verse you are arguing with and saying: "We would not leave the word of Allah for the hadith of a woman" does not mean what I am narrating from the Messenger (peace be upon him). I am narrating from the Messenger (peace be upon him) that the woman divorced three times has no maintenance, and the Qur'an did not address this ruling that happened to me and I heard from the Messenger (peace be upon him), but rather the verse speaks about the woman divorced with a revocable divorce; so she has maintenance from her husband, as for the one who is separated and divorced with a final divorce, she has no maintenance. And what confirms the authenticity of the hadith and the truthfulness of this woman (may Allah be pleased with her) is, I think her name is Fatimah?

The questioner : Fatimah bint Qays.

The Shaykh: This is a noble woman truly; she is now narrating a hadith from the Messenger of Allah against her own interest; because her story is that her husband was absent, and he had an agent in Medina, so he sent to him to divorce her with the third divorce, so he informed her that your husband has divorced you with the final divorce. So she demanded maintenance from the agent according to what? The verse about the divorced woman, and there was a dispute between her and her agent. She went and complained to the Messenger (peace be upon him), and he said to her:
There is no maintenance due to you from him ليس لك عليه نفقة ولا سُكنى
Sahih Muslim 1480a
.

The questioner :
Nor housing ولا سكنى
.

The Shaykh:
Nor housing ولا سُكنى
, yes.
The point is: that she narrated against her own interest, and this is proof of her justice, and that she is narrating what she heard from the Messenger (peace be upon him); therefore, the truth was with this lady and not with 'Umar ibn al-Khattab (may Allah be pleased with him); because 'Umar had an opinion and independent legal reasoning (ijtihad), he is rewarded in any case as ... the previous speech, but the truth is with the one who narrated the hadith from the Messenger of Allah (peace and blessings be upon him), and she was aware, remembering, narrating the story with all its details. So, nothing is taken from the hadith that contradicts what the scholars of the Muslims have of rules: whoever memorizes is a proof over the one who does not memorize, whoever knows is a proof over the one who does not know, and so on. And 'Umar has some examples that contradict his being a muhaddith (one inspired by revelation) as he said (peace be upon him):
There were inspired ones among the nations before you; if there is one in my Ummah, it is 'Umar لقد كان فيمَن قبلكم من الأمم مُحدَّثون ؛ فإن يكُنْ في أمَّتي فعمر
, he was inspired, and his inspirations are mentioned in authentic hadiths; if we take the station of Ibrahim as a place of prayer, so the verse came down to support his suggestion, if you veil your women, and so on, but he has things contrary to this, and these are among the wisdoms of Allah in some of His servants to prove that this inspired one is not an infallible prophet.
It reached 'Umar ibn al-Khattab that 'Ammar ibn Yasir was issuing fatwas to people regarding dry ablution (tayammum) for the traveler if he does not find water, and he held that the traveler does not perform dry ablution (tayammum), so he sent to him saying: "It has reached me that you are doing such and such." - Of course, he was asking him a question of reproach - He said: "O Commander of the Faithful, do you not remember that we were on a journey, and we did not find water, and we were in a state of major ritual impurity, so we rolled in the dust as a beast rolls - an opinion of independent legal reasoning (ijtihad) - and when we came to the Messenger (peace be upon him), he said:
It would have been sufficient for you to strike the ground with your palms and wipe your face and hands with them إنما كان يكفيك أن تضربَ ضربةً بكفَّيك على الأرض فتمسحَ بهما وجهك وكفَّيك
. He said: "I do not remember." He said: "O Commander of the Faithful, should I hold back and not narrate the hadith to people?" He said: "No, I only appointed you to what you have taken on." On your responsibility, on your responsibility. So he has things of this kind that are anomalous regarding his being a muhaddith (one inspired by revelation).
I think the answer to the question is finished.

The questioner: May Allah reward you with good, may Allah bless you.
Source www.al-albany.com

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

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