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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explaining the deception of some Muslims in committing prohibited acts by following the path of the Jews, with a mention of some errors of the Zahiri school.

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The Shaykh : We have many examples of this, including what I mentioned recently: some Muslims resort to subterfuge to make an unlawful marriage appear lawful by calling it a marriage, thereby making permissible what Allah has forbidden. Allah has forbidden a man who has divorced his wife three times from marrying her again unless she first marries another husband. So what did they do? They brought in a "borrowed goat", which the Messenger of Allah (peace and blessings be upon him) named as such. They told him, "Our purpose is for you to marry this woman and then divorce her so that she becomes lawful for her first husband." So what do they do? They bring in this borrowed goat, along with the woman's guardian and two false witnesses who testify that so-and-so married so-and-so for such-and-such a mahr, and so on. It is merely a formality, while the reality is to make this wife lawful for the husband who divorced her three times, even though she is not lawful for him unless she marries a lawful husband, and so on. We have already discussed this issue in detail yesterday.
Muslims have fallen into this kind of deception. This is an example of that, but the difference is that this is by hand... it is a Zahiri position that some of the old Zahiris would be too shy to fall into. They used to bring up things that were actually laughable due to their deviation from the wording of the hadith and their lack of depth in understanding the objectives and implications of the hadith. For example, some of them said, regarding the hadith
The Messenger of Allah (peace and blessings be upon him and his family) forbade urinating in stagnant water نهى رسول الله صلى الله عليه وأله وسلم عن البول في الماء الراكد
Al-Mustadrak lil-Hakim 39:80
, a clear and evident hadith in which the Prophet (peace and blessings be upon him) forbade urinating in stagnant water that does not flow or move, that some Zahiri scholars stopped at the wording of the hadith and did not delve into what lies beyond it. They said, "If a man urinates in a vessel and then pours what is in the vessel into stagnant water, it is permissible." This is a Zahiri position, but a Zahiri position... more extreme than this.
The Messenger of Allah (peace and blessings be upon him) forbade urinating in stagnant water. Why? Everyone understands that the purpose of this prohibition is to preserve the purity and cleanliness of the water. If a person urinates in it, he exposes it to impurity, and he has certainly defiled it. This causes harm to people by defiling this water, if we do not say... If this is the intended meaning of this explicit prohibition, what is the difference between the scenario to which the hadith directly points and the other scenario where a person urinates in a vessel and then pours this urine from the vessel into the water? In terms of wording, one cannot say he urinated in stagnant water; rather, one says he urinated in a vessel. But the purpose and objective of the prohibition confirm that there is no difference between the scenario described in the text of the hadith and this other scenario we are illustrating. Then we say that in Syria, all the sewers and drains run in channels for a long or short distance, and the end of the line is that they pour into flowing water, so this water becomes defiled. If there were a channel where a person urinates or defecates, and then there is a lake with stagnant water, whether he comes and stands on the edge of the lake and urinates in it directly, or through this channel as they say, completely "everything... goes to the mill", whether he urinates directly or indirectly... the result is the same, which is what the Lawgiver aimed at when he forbade urinating in stagnant water.
This is an old Zahiri position, and this is a modern Zahiri position. This is a permissible scenario because it is by tool, and that scenario is forbidden because it is by hand, knowing that the tool was made... and without the working hand, this active scenario would not exist.
Source alathar.net

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

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