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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the hadith: “There is no backbiting of a fasiq (open sinner)” authentic?

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The questioner : The hadith:
There is no backbiting for an open sinner. لا غيبة لفاسق
, is its type authentic, good, or weak?

The Shaykh : In terms of its structure—meaning its chain of narration—it is weak and not authentic. However, its meaning is indicated by some authentic hadiths. As reported in “Sahih al-Bukhari” from the hadith of the Lady Aisha (may Allah be pleased with her), a man came to ask permission to enter upon the Prophet (peace and blessings be upon him), and he (peace be upon him) said:
Admit him. What an evil brother of his people ائذنوا له ، بئسَ أخو العشيرة هو
Sahih al-Bukhari 6054
. It is not hidden from you that his saying (peace be upon him):
What a bad brother of the tribe he is بئس أخو العشيرة
is backbiting; because we have learned from the first word we uttered and from the hadith that has reached your ears repeatedly and often
It is saying something about your brother which he would dislike ذكرك أخاك بما يكره
Sunan Abi Dawud 4874Sahih (Al-Albani)
. So when the Messenger said of that one asking permission:
What a bad brother of the clan he is بئس أخو العشيرة هو
, it is undoubtedly backbiting; because he dislikes this thing. But as we hinted in our previous word, not all backbiting is forbidden. Some of the scholars of knowledge have gathered it in two beautiful verses of poetry; where they said:
“Censure is not backbiting in six cases: *** The complainant, the identifier, and the warner,
And the one who openly commits open sinfulness, the one seeking a ruling, and he *** Who seeks assistance in removing a wrong.”
The point is: This man was the chief of a tribe. So the Messenger (peace be upon him) described him to those who heard his words with what included an identification, falling under: “And the identifier and the warner.” He said:
Admit him. What an evil brother of his people ائذنوا له ، بئس أخو العشيرة هو
Sahih al-Bukhari 6054
. When he entered upon the Prophet (peace and blessings be upon him), he smiled and brightened for him. The Lady Aisha (may Allah be pleased with her), the wise, intelligent, and knowledgeable one, was observing the situation. When the man left, she said: O Messenger of Allah, when he asked permission to enter, I said:
What a bad brother of the clan he is بئس أخو العشيرة هو
. When he entered, you smiled and brightened for him. He said:
O Aisha, the worst of people in the sight of Allah (Blessed and Exalted is He) on the Day of Resurrection are those whom people fear because of their evil يا عائشة ، إن شرَّ الناس عند الله - تبارك وتعالى - يوم القيامة مَن يتَّقيهم الناس مخافةَ شرِّهم
. This man is wicked, so I said what I said as an identification of him. Naturally, the Lady Aisha and the Lady Hafsa were reassured by this legal outcome.

The questioner : But if you smile and brighten for him, is it only out of fear of his evil? Meaning, is it permissible for us—for example—to smile for a person with such and such a description as reported?

The Shaykh : Yes, but there is a difference; if you smile and brighten and make the attendees understand the opposite of what the brightness indicates, then at that time you have contradicted the Sunnah; meaning it must be accompanied by this brightness with something that does not mislead the attendees.
Is it clear?

The questioner: Yes.
Source www.al-albany.com

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

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