If a Successor narrates a book from the Prophet (peace and blessings be upon him) as a discovery, does it have the ruling of a mursal (a report missing the Companion link) in terms of definition?
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The questioner : May Allah preserve you. Regarding the definition of a mursal (a report missing the Companion link) hadith, which is what a Successor attributes to the Messenger of Allah (peace and blessings be upon him) without mentioning who narrated it to him, or without mentioning the intermediary, there is a problem with books that are famous from the Prophet (peace and blessings be upon him), such as the book narrated by Ibn Abi Hazm regarding blood money, alms, and inheritance shares. This book is narrated by a Successor from the Messenger of Allah (peace and blessings be upon him) because it is a discovery, and it has the ruling of being connected. If we apply the definition of a mursal (a report missing the Companion link) hadith, which is what a Successor attributes to the Messenger of Allah (peace and blessings be upon him), then that definition would include this case. However, the reality is that the ruling for this case is that it is connected, not mursal (a report missing the Companion link). Is my question clear, O our Shaykh?
The Shaykh : Not really, because I am thinking about something related to the mursal (a report missing the Companion link) hadith. It is...
The questioner : Let me repeat it. Let me repeat it.
The Shaykh : It is what a Successor attributes to the Prophet (peace and blessings be upon him).
The questioner : (peace and blessings be upon him), whether in speech, action, or approval.
The Shaykh : Fine.
The questioner : Without mentioning the intermediary.
The Shaykh : This is well known.
The questioner : Yes.
The Shaykh : Okay, what is the problem?
The questioner : The book of the Prophet (peace and blessings be upon him) on inheritance shares, alms, and blood money, when a Successor and Ibn Abi Hazm narrate it from the Messenger of Allah (peace and blessings be upon him), and it is connected and acted upon because it is a discovery, and a correct discovery that has met its conditions.
The Shaykh : Okay.
The questioner : If we come to define the mursal (a report missing the Companion link) hadith, which is weak in our view and not used as evidence, we find that the definition includes this case, because it is also an attribution by the Successors to the Prophet (peace and blessings be upon him). He does not say "I heard" or "I saw," but rather says "The Messenger of Allah (peace and blessings be upon him) said such and such" or "The Messenger of Allah (peace and blessings be upon him) judged with such and such." So the definition of a mursal (a report missing the Companion link) hadith includes this case, even though it is connected and acted upon. Is the definition considered flawed by this case, or is it a narrow case?
The Shaykh : This... because I will say.
The questioner : Please.
The Shaykh : Did the authenticity of this mursal (a report missing the Companion link) hadith come from it being mursal (a report missing the Companion link)? You will say no.
The questioner : What I remember in *Al-Irwaa'* is that you, O our Shaykh, used it as evidence.
The Shaykh : No, leave *Al-Irwaa'* for now. *Al-Irwaa'* is not the issue here, because I think we will stray a bit from the answer.
The questioner : What I remember is that, meaning, I used it as evidence for its own sake. What I remember is this.
The Shaykh : Leave what you remember from what you read in my books or the books of others.
The questioner : Yes.
The Shaykh : Was this mursal (a report missing the Companion link) hadith used as evidence and considered authentic because it is mursal (a report missing the Companion link)? I am answering you because I know, if Allah wills, that you are knowledgeable.
The questioner : May Allah reward you.
The Shaykh : You will say no.
The questioner : Yes.
The Shaykh : Did I hit the mark or miss?
The questioner : You hit the mark when you said it was not used as evidence because it is mursal (a report missing the Companion link).
The Shaykh : You are repeating to me. I presented the question to you as...The questioner : ...one presents to a mufti (a scholar who issues fatwas), a long and broad petition: is it permissible or not permissible, right or wrong, and so on. I say, let me repeat the question one last time so we can hear the answer. I have heard it, but let it be very clear.
The questioner : May Allah reward you.
The Shaykh : Did the authenticity of this hadith come from it being mursal (a report missing the Companion link)?
The questioner : No.
The Shaykh : So where is the contradiction? This mursal (a report missing the Companion link) is like any other mursal (a report missing the Companion link); it is judged authentic because, for example, it came with a chain according to the school of Imam al-Shafi'i from another route. So it is not said here, "How was this mursal (a report missing the Companion link) used as evidence, when a mursal (a report missing the Companion link) is weak in his view?" The answer is clear: it was strengthened by something external to its being mursal (a report missing the Companion link). And the reality here is exactly that. This mursal (a report missing the Companion link) is 'Amr ibn Abi Hazm, who is Abu Bakr ibn 'Amr ibn Hazm, the narrator of the Book of Alms. It is this one. So the strength of this mursal (a report missing the Companion link) did not come from it being mursal (a report missing the Companion link), but from what you pointed out earlier: that a written book from the Messenger of Allah (peace and blessings be upon him) to the people of Yemen was found. So the evidence for the hadith came from here, not just because it is mursal (a report missing the Companion link), but because it was accompanied by the discovery.
The questioner : And with this, O our Shaykh, it falls outside the definition. The definition does not include it.
The Shaykh : The definition includes it.
The questioner : The Successor saying "The Messenger of Allah said..." does not include this.
The Shaykh : It includes it.
The questioner : It includes it.
The Shaykh : But as we gave an example earlier by referring to the school of al-Shafi'i, a mursal (a report missing the Companion link) from Sa'id ibn al-Musayyib, for example, came with something that corroborates it. So it did not cease to be mursal (a report missing the Companion link), but it entered another circle because it was supported by another narration.
The questioner : Yes.
The Shaykh : The matter is like this here.
The questioner : It was acted upon because of other circumstances surrounding it, not merely because the definition was present in it. May Allah bless you.
The Shaykh : So now, go back to *Al-Irwaa'* and you will find this.
The questioner: May Allah will it.
The Shaykh : Not really, because I am thinking about something related to the mursal (a report missing the Companion link) hadith. It is...
The questioner : Let me repeat it. Let me repeat it.
The Shaykh : It is what a Successor attributes to the Prophet (peace and blessings be upon him).
The questioner : (peace and blessings be upon him), whether in speech, action, or approval.
The Shaykh : Fine.
The questioner : Without mentioning the intermediary.
The Shaykh : This is well known.
The questioner : Yes.
The Shaykh : Okay, what is the problem?
The questioner : The book of the Prophet (peace and blessings be upon him) on inheritance shares, alms, and blood money, when a Successor and Ibn Abi Hazm narrate it from the Messenger of Allah (peace and blessings be upon him), and it is connected and acted upon because it is a discovery, and a correct discovery that has met its conditions.
The Shaykh : Okay.
The questioner : If we come to define the mursal (a report missing the Companion link) hadith, which is weak in our view and not used as evidence, we find that the definition includes this case, because it is also an attribution by the Successors to the Prophet (peace and blessings be upon him). He does not say "I heard" or "I saw," but rather says "The Messenger of Allah (peace and blessings be upon him) said such and such" or "The Messenger of Allah (peace and blessings be upon him) judged with such and such." So the definition of a mursal (a report missing the Companion link) hadith includes this case, even though it is connected and acted upon. Is the definition considered flawed by this case, or is it a narrow case?
The Shaykh : This... because I will say.
The questioner : Please.
The Shaykh : Did the authenticity of this mursal (a report missing the Companion link) hadith come from it being mursal (a report missing the Companion link)? You will say no.
The questioner : What I remember in *Al-Irwaa'* is that you, O our Shaykh, used it as evidence.
The Shaykh : No, leave *Al-Irwaa'* for now. *Al-Irwaa'* is not the issue here, because I think we will stray a bit from the answer.
The questioner : What I remember is that, meaning, I used it as evidence for its own sake. What I remember is this.
The Shaykh : Leave what you remember from what you read in my books or the books of others.
The questioner : Yes.
The Shaykh : Was this mursal (a report missing the Companion link) hadith used as evidence and considered authentic because it is mursal (a report missing the Companion link)? I am answering you because I know, if Allah wills, that you are knowledgeable.
The questioner : May Allah reward you.
The Shaykh : You will say no.
The questioner : Yes.
The Shaykh : Did I hit the mark or miss?
The questioner : You hit the mark when you said it was not used as evidence because it is mursal (a report missing the Companion link).
The Shaykh : You are repeating to me. I presented the question to you as...The questioner : ...one presents to a mufti (a scholar who issues fatwas), a long and broad petition: is it permissible or not permissible, right or wrong, and so on. I say, let me repeat the question one last time so we can hear the answer. I have heard it, but let it be very clear.
The questioner : May Allah reward you.
The Shaykh : Did the authenticity of this hadith come from it being mursal (a report missing the Companion link)?
The questioner : No.
The Shaykh : So where is the contradiction? This mursal (a report missing the Companion link) is like any other mursal (a report missing the Companion link); it is judged authentic because, for example, it came with a chain according to the school of Imam al-Shafi'i from another route. So it is not said here, "How was this mursal (a report missing the Companion link) used as evidence, when a mursal (a report missing the Companion link) is weak in his view?" The answer is clear: it was strengthened by something external to its being mursal (a report missing the Companion link). And the reality here is exactly that. This mursal (a report missing the Companion link) is 'Amr ibn Abi Hazm, who is Abu Bakr ibn 'Amr ibn Hazm, the narrator of the Book of Alms. It is this one. So the strength of this mursal (a report missing the Companion link) did not come from it being mursal (a report missing the Companion link), but from what you pointed out earlier: that a written book from the Messenger of Allah (peace and blessings be upon him) to the people of Yemen was found. So the evidence for the hadith came from here, not just because it is mursal (a report missing the Companion link), but because it was accompanied by the discovery.
The questioner : And with this, O our Shaykh, it falls outside the definition. The definition does not include it.
The Shaykh : The definition includes it.
The questioner : The Successor saying "The Messenger of Allah said..." does not include this.
The Shaykh : It includes it.
The questioner : It includes it.
The Shaykh : But as we gave an example earlier by referring to the school of al-Shafi'i, a mursal (a report missing the Companion link) from Sa'id ibn al-Musayyib, for example, came with something that corroborates it. So it did not cease to be mursal (a report missing the Companion link), but it entered another circle because it was supported by another narration.
The questioner : Yes.
The Shaykh : The matter is like this here.
The questioner : It was acted upon because of other circumstances surrounding it, not merely because the definition was present in it. May Allah bless you.
The Shaykh : So now, go back to *Al-Irwaa'* and you will find this.
The questioner: May Allah will it.
Source
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The Arabic text is copied verbatim from the original source, without any edits.