Mentioning the rules and principles of declaring someone a disbeliever.
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The questioner : If we move on to another point.
The Shaykh : Please go ahead.
The questioner : Yes, and this point is specifically about the principles of declaring someone a disbeliever.
The Shaykh : The principles of declaring someone a disbeliever.
The questioner : Declaring someone a disbeliever.
The Shaykh : Yes.
The questioner : Yes, so I had written something about the principles of declaring someone a disbeliever, and I would like to read them to you very briefly so that you can correct me if I am right and point out my errors if I am wrong, and then those who come after me will benefit.
The Shaykh : Yes, before that, if you allow me, I recorded here a word from the words of Ibn Taymiyyah, mentioning that he affirmed, it came in the following words, he affirmed.
The questioner : Yes.
The Shaykh : What is the synonym for the word "affirmed"? Does it mean "believes" or "knows"?
The questioner : Knows.
The Shaykh : So there is no disagreement in that. We return now to the issue you want to investigate, but I wanted to focus on that, this observation as well.
The questioner : You have done well and expressed it beautifully.
The Shaykh : Please go ahead.
The questioner : I say that it is not permissible for a believer to delve into the issues of declaring someone a disbeliever before he stands upon its principles and verifies its conditions and rules, otherwise he will lead himself to destruction and sins and be afflicted with the anger of the Most Merciful. That is because the issues of declaring someone a disbeliever are among the greatest issues of the religion and the most precise.
The Shaykh : Correct.
The questioner : Only the great ones among the people of knowledge with broad understanding and sharp insight can handle it. And these are the most important of its principles and rules. The first is that declaring someone a disbeliever is a legal ruling and a pure right belonging to Allah (Glorified and Exalted is He), which no body or group possesses, and no consideration is given to intellect or taste in it, nor is there any place for excessive zeal.
The Shaykh : Yes.
The questioner : Or... apparent, and no one is accused of injustice by an oppressor who persisted in his injustice and deviation, or the tyranny of a stubborn tyrant who immersed himself in his tyranny and treachery. So no one is declared a disbeliever except one whom Allah and His Messenger declared a disbeliever. The second is that a Muslim is not declared a disbeliever by a word, deed, or belief until the argument is established against him and the doubt is removed from him. The third is that there is no difference in that between principles and branches, or belief and actions. The fourth is that the excuse in precise, hidden issues is stronger and more appropriate than the excuse in other matters. The fifth is that the excuse in a time and place where ignorance prevails and knowledge is scarce is more appropriate and stronger. The sixth is that the excuse for one who is not capable or is unable to do so is more appropriate and stronger than for one who is capable and able to obtain it. The seventh is that declaring someone a disbeliever varies according to the variation in the person's state, so not every one who is mistaken, or an innovator, or ignorant, or misguided becomes a disbeliever, nor even an open sinner, nor even a sinner, as the Shaykh al-Islam says.
The Shaykh : Repeat the paragraph for me from the beginning.
The questioner : Declaring someone a disbeliever varies according to the variation in the person's state, so not every one who is mistaken, or an innovator, or ignorant, or misguided becomes a disbeliever, nor even an open sinner, nor even a sinner, as the Shaykh al-Islam Ibn Taymiyyah says.
The Shaykh : Do you not see that the phrase needs a qualification, even if it falls into disbelief?
The questioner : Fine, I see that.
The Shaykh : Continue.
The questioner : Ninth, and it is necessary to distinguish between generalization and specification, for the texts of warning in the Book and the Sunnah, and the texts of the Imams regarding declaring someone a disbeliever and an open sinner, and the like, do not necessitate the establishment of their consequence for a specific person unless the conditions are present and the preventers are absent, with no difference in that between principles and branches.
The Shaykh : If you mentioned "no difference" also, also.
The questioner : Yes.
The Shaykh : Because you mentioned something like this in what came before.
The questioner : Yes, Tenth, and as for disbelief, it has a root and branches.
The Shaykh : A root?
The questioner : A root and branches, and as for the tenth.
The Shaykh : Why is the first singular and the second plural? Why is it not said "roots and branches"?
The questioner : Yes, exactly.
The Shaykh : In any case, this is a suggestion that you should study later.
The questioner : If Allah wills.
The Shaykh : And think about it, if you see it as good, record it.
The questioner : Yes, Eleventh, and it is not necessary that the establishment of a branch of faith in a person means he is called a believer, even if what he established is faith, nor is it necessary that the establishment of a branch of disbelief means he is called a disbeliever, even if what he established is disbelief.
The Shaykh : That he is called a disbeliever.
The questioner : Yes.
The Shaykh : Or that he becomes a disbeliever, or that he turns into a disbeliever?
The questioner : These are verbal options, which I think.
The Shaykh : Yes.
The questioner : Verbal options.
The Shaykh : I believe that the issue, as is not hidden from everyone now, we are in the process of explaining a very important idea and belief.
The questioner : Yes.
The Shaykh : So do we mean that we call him a disbeliever, or that he is a disbeliever with Allah?
The questioner : We mean that we apply the word of disbelief to him.
The Shaykh : But does everyone to whom we apply the word of disbelief become a disbeliever with Allah?
The questioner : We do not intervene in what is between Allah and His servants.
The Shaykh: Okay, this is it.
The questioner : Yes.
The Shaykh : So our research now is in which aspect of the two aspects: by what does one become deserving of eternal abode in the Fire, or by what does one deserve that we apply the term "disbeliever" to him, even if it is possible that he is not a disbeliever with Allah? What is our research now?
The questioner : The second.
The Shaykh : The second.
The questioner : Yes, exactly.
The Shaykh : And what is it?
The questioner : And it is whether he deserves that we apply the word of disbelief to him or not.
The Shaykh : I do not understand this, that the whole research is in this, the whole research is in what makes one a believer and what makes one a disbeliever with Allah. You mentioned earlier that if there is a branch of faith, he does not thereby become a believer.
The questioner : Yes.
The Shaykh : Okay, does he not become a believer with us or with Allah?
The questioner : With us, in the apparent.
The Shaykh : Yes?
The questioner : Because we judge based on the apparent.
The Shaykh : Okay, when we see that he has come with a branch of faith, what do we judge?
The questioner : Yes.
The Shaykh : Apparent.
The questioner : Yes, we judge him.
The Shaykh : For what?
The questioner : That he is a believer, but if there is mixed in his faith.
The Shaykh : Wait, you have now gone out of what you said earlier.
The questioner : No, O our Shaykh.
The Shaykh : How?
The questioner : When I say, "It is not necessary that the establishment of a branch of faith in a person means he is called a believer," like one in whom the branch of prayer is established, but it is mixed with a denial known from the religion by necessity, and the argument is established against him, is he called a believer?
The Shaykh : Excuse me, I hope the research does not become too long, because the branching of the topic will make us lose the main topic. You said now that the research is not limited to who is a believer or a disbeliever with Allah, but rather to whom we apply that he is a believer or that he is a disbeliever.
The questioner : Yes.
The Shaykh : Now, when we see a person in whom a characteristic of faith is verified, according to your admission earlier that we do not judge by what makes one a believer or what makes one a disbeliever, it is not appropriate for us to say about him that he is a believer, while you said, no, we say about him that he is a believer, correct?
The questioner : Yes.
The Shaykh : Okay, and as for the one who fell into disbelief, we say about him that he is a disbeliever, but the reality is that we say, with Allah, will he be a believer or will he be a disbeliever? We say that merely the verification of a branch of faith does not make him a believer with Allah (Mighty and Majestic), just as the other person who fell into a branch of disbelief may not be a disbeliever with Allah (Mighty and Majestic).
The questioner : Yes.
The Shaykh : So record this point also in the margin and think about it.
The questioner : If Allah wills.
The Shaykh : Then clarify the topic according to what your opinion concludes.
The questioner : If Allah wills. Twelfth, and it may be that in a man there is gathered disbelief and faith, shirk and tawhid, taqwa and open sinfulness, and hypocrisy and faith, and this is one of the greatest principles of the Sunnah, as Ibn al-Qayyim al-Jawziyyah says, and others among the people of innovation differed from them in that, such as the Khawarij and the Mu'tazilah, to the end of Ibn al-Qayyim's words. Thirteenth, and disbelief is of two types: disbelief of action and disbelief of denial and stubbornness.
The Shaykh : Yes.
The questioner : Fourteenth, that one who denies a ruling agreed upon by consensus is only declared a disbeliever if it is known from the religion by necessity, as for the agreed-upon that is not known from the religion by necessity, one is not declared a disbeliever for denying it, such as the fact that the daughter of a son has a sixth share with the daughter, which is agreed upon and not known by necessity, so the one who denies it is not declared a disbeliever. And the one who is declared a disbeliever for denying it, if it is known by necessity, is the legal ruling, because it is from the religion, and prayer, zakah, and Hajj, to the end of al-Subki's words. And Ibn Hajar al-Asqalani and Ibn Daqiq al-Eid said the same, and its completion is in the fifteenth principle.
The Shaykh : Excuse me, because it is a legal ruling, I said.
The questioner : Yes, exactly.
The Shaykh : Or did you quote?
The questioner : Yes.
The Shaykh : Okay, the inheritance issue that you mentioned, and the one whose denier or disbeliever is not declared a disbeliever, is it not a legal ruling?
The questioner : A legal ruling.
The Shaykh : So what is the value of that reasoning there?
The questioner : With another qualification, O Shaykh, another qualification, that the one who is declared a disbeliever for denying it, if it is known from the religion by necessity, is the legal ruling. So if something is known by necessity from the things of the world, the one who denies it is not declared a disbeliever if a person denies that this...
The Shaykh : May Allah bless you, there is no need for this detail, because this is what was quoted as a disagreement.
The questioner : So there is not.
The Shaykh : We have two issues.
The questioner : Yes.
The Shaykh : Both are legal.
The questioner : Yes.
The Shaykh : The first is what relates to the inheritance that you mentioned.
The questioner : Yes.
The Shaykh : This is a legal issue.
The questioner : Yes.
The Shaykh : And it is agreed upon, and it is a legal issue agreed upon, and it is agreed upon, the one who denies it is not declared a disbeliever.
The questioner : Yes.
The Shaykh : While the other one, you reasoned it because it is a legal ruling, and the issue is also legal.
The questioner : What is the other legal issue, O Shaykh?
The Shaykh : Remind me of the sentence in which you came in the beginning of the discussion.
The questioner : Another point I would like to make, another point: the one who is declared a disbeliever for denying a ruling is only the one whose denial concerns a ruling that is known by necessity.
The Shaykh : Is that not a Shari'ah ruling?
The questioner : This is a Shari'ah ruling, and we have finished discussing it.
The Shaykh : No problem, take and give, take and give. Is that not a Shari'ah ruling? The answer is yes; it is the issue of inheritance.
The questioner : A legal ruling.
The Shaykh : Good, and it is agreed upon by consensus.
The questioner : Yes.
The Shaykh : Good, why is the denier not declared a disbeliever, when it is a Shari'ah ruling and agreed upon by consensus?
The questioner : He is declared a disbeliever, O Shaykh. Excuse me, excuse me, this does not lead to declaring someone a disbeliever.
The Shaykh : ... I mean, answer my question. Why is he not declared a disbeliever? Why is he not declared a disbeliever? What is the difference between this issue and the second issue? Both are Shari'ah rulings.
The questioner : The difference is that we declare a disbeliever the one who denies a Shari'ah ruling, but if it is a non-Shari'ah ruling, we do not declare him a disbeliever. That is what I mean by my statement.
The Shaykh : Glory be to Allah.
The questioner : Therefore, I ask that you read the statement again.
The Shaykh : No, my brother, no. You understand me and answer me.
The questioner: Okay
The Shaykh : The issue of inheritance that you mentioned and said is agreed upon by consensus, this is a Shari'ah ruling.
The questioner : Yes.
The Shaykh : Good, why is the denier not declared a disbeliever? Answer me?
The questioner : Because it is not known from the religion by necessity.
The Shaykh : Is it not agreed upon by consensus?
The questioner : Yes.
The Shaykh : Good, fine. Does "agreed upon by consensus" not equate to our saying "known from the religion by necessity"?
The questioner : It does not equate to it.
The Shaykh : Huh?
The questioner : "Agreed upon by consensus" does not equate to it.
The Shaykh : Ah
The questioner : It may be known from the religion by necessity.
The Shaykh : Ah.
The questioner : And it may not be known from the religion by necessity.
The Shaykh : Now we are on the right track. So, there is a consensus that is known from the religion by necessity. Therefore, the correction in the first issue is that, although there is consensus, it is not among what is known from the religion by necessity.
The questioner : Yes, exactly.
The Shaykh : This is not clear in the expression.
The questioner : Yes.
The Shaykh : Because you know that many consensuses do not lead to declaring the denier misguided, let alone declaring him a disbeliever. But certainly, on the other hand, in some consensuses, the one who denies them is a disbeliever.
The questioner : Yes.
The Shaykh : Why? For the cause you mentioned last, you mentioned it, not I, which is that it is among what is known from the religion by necessity. So this condition is necessary to clarify the real reason for not declaring a disbeliever the one who denies this ruling of inheritance.
The questioner : Yes, the fifteenth point: and the fact that something is known from the religion by necessity is a relative matter. A person who recently embraced Islam or who grew up in a remote desert may not know this at all, let alone know it by necessity. And many scholars know by necessity that the Prophet (peace and blessings be upon him) prostrated for forgetfulness and ruled that the child belongs to the marriage bed, and other things that the specialists know by necessity, while most people do not know them at all, as the Shaykh al-Islam said in the book al-Furqan.
The Shaykh : There is no objection.
The questioner : The sixteenth point: and no one is declared a disbeliever for what is implied by schools of thought and opinions, nor is any consideration given to the ideas to which they may lead. Finally, no one is declared a disbeliever except the one upon whose declaration of disbelief the people of the Sunnah agree, or for whose disbelief there is a proof that cannot be refuted.
The Shaykh : He is doing well.
The questioner : This is the end of what I was able to gather regarding the principles of declaring someone a disbeliever.
The Shaykh : May Allah reward you with good.
The questioner : What is your opinion of them in general?
The Shaykh : May Allah reward you with good. I do not see anything wrong with them except for some branches that were discussed.
The questioner : Yes, exactly.
The Shaykh : But my memory returned to some of what was mentioned previously regarding some of those conditions, where I think the word "hostility" was mentioned.
The questioner : Yes.
The Shaykh : This is the emotional hostility.
The questioner : Yes.
The Shaykh : Can you remind me of the expression in which this word appeared?
The questioner : The expression is that the one who knows with his heart and testifies with his tongue is not a believer by that alone until he performs the work of the heart, which is reverence, love, hatred, loyalty, and hostility. And this word appeared in the texts of the Shaykh al-Islam, Ibn al-Qayyim, and other scholars.
The Shaykh : Yes, when "loyalty and hostility" are used in a general sense, is the intended meaning emotional loyalty and hostility, or practical loyalty and hostility?
The questioner : When used in a general sense?
The Shaykh: Yes.
The questioner : Emotional.
The Shaykh: I don't think so
The questioner : In my statement here, the intended meaning is emotional. So if one shows loyalty...
The Shaykh : This is a good condition.
The questioner : Yes, so that I exclude something, so that I exclude the issue of loyalty and hostility, because many people declare a person a disbeliever simply because he shows loyalty to one of the enemies of Allah (Mighty and Majestic), without...
The Shaykh : This is what I feared would be misunderstood.
The questioner : Yes, exactly.
The Shaykh : Do you think the expression needs more clarification?
The questioner : I clarified it in the body of the book.
The Shaykh : How?
The questioner : I clarified something like this in the body of the book.
The Shaykh : That is what we desire.
The Shaykh : Please go ahead.
The questioner : Yes, and this point is specifically about the principles of declaring someone a disbeliever.
The Shaykh : The principles of declaring someone a disbeliever.
The questioner : Declaring someone a disbeliever.
The Shaykh : Yes.
The questioner : Yes, so I had written something about the principles of declaring someone a disbeliever, and I would like to read them to you very briefly so that you can correct me if I am right and point out my errors if I am wrong, and then those who come after me will benefit.
The Shaykh : Yes, before that, if you allow me, I recorded here a word from the words of Ibn Taymiyyah, mentioning that he affirmed, it came in the following words, he affirmed.
The questioner : Yes.
The Shaykh : What is the synonym for the word "affirmed"? Does it mean "believes" or "knows"?
The questioner : Knows.
The Shaykh : So there is no disagreement in that. We return now to the issue you want to investigate, but I wanted to focus on that, this observation as well.
The questioner : You have done well and expressed it beautifully.
The Shaykh : Please go ahead.
The questioner : I say that it is not permissible for a believer to delve into the issues of declaring someone a disbeliever before he stands upon its principles and verifies its conditions and rules, otherwise he will lead himself to destruction and sins and be afflicted with the anger of the Most Merciful. That is because the issues of declaring someone a disbeliever are among the greatest issues of the religion and the most precise.
The Shaykh : Correct.
The questioner : Only the great ones among the people of knowledge with broad understanding and sharp insight can handle it. And these are the most important of its principles and rules. The first is that declaring someone a disbeliever is a legal ruling and a pure right belonging to Allah (Glorified and Exalted is He), which no body or group possesses, and no consideration is given to intellect or taste in it, nor is there any place for excessive zeal.
The Shaykh : Yes.
The questioner : Or... apparent, and no one is accused of injustice by an oppressor who persisted in his injustice and deviation, or the tyranny of a stubborn tyrant who immersed himself in his tyranny and treachery. So no one is declared a disbeliever except one whom Allah and His Messenger declared a disbeliever. The second is that a Muslim is not declared a disbeliever by a word, deed, or belief until the argument is established against him and the doubt is removed from him. The third is that there is no difference in that between principles and branches, or belief and actions. The fourth is that the excuse in precise, hidden issues is stronger and more appropriate than the excuse in other matters. The fifth is that the excuse in a time and place where ignorance prevails and knowledge is scarce is more appropriate and stronger. The sixth is that the excuse for one who is not capable or is unable to do so is more appropriate and stronger than for one who is capable and able to obtain it. The seventh is that declaring someone a disbeliever varies according to the variation in the person's state, so not every one who is mistaken, or an innovator, or ignorant, or misguided becomes a disbeliever, nor even an open sinner, nor even a sinner, as the Shaykh al-Islam says.
The Shaykh : Repeat the paragraph for me from the beginning.
The questioner : Declaring someone a disbeliever varies according to the variation in the person's state, so not every one who is mistaken, or an innovator, or ignorant, or misguided becomes a disbeliever, nor even an open sinner, nor even a sinner, as the Shaykh al-Islam Ibn Taymiyyah says.
The Shaykh : Do you not see that the phrase needs a qualification, even if it falls into disbelief?
The questioner : Fine, I see that.
The Shaykh : Continue.
The questioner : Ninth, and it is necessary to distinguish between generalization and specification, for the texts of warning in the Book and the Sunnah, and the texts of the Imams regarding declaring someone a disbeliever and an open sinner, and the like, do not necessitate the establishment of their consequence for a specific person unless the conditions are present and the preventers are absent, with no difference in that between principles and branches.
The Shaykh : If you mentioned "no difference" also, also.
The questioner : Yes.
The Shaykh : Because you mentioned something like this in what came before.
The questioner : Yes, Tenth, and as for disbelief, it has a root and branches.
The Shaykh : A root?
The questioner : A root and branches, and as for the tenth.
The Shaykh : Why is the first singular and the second plural? Why is it not said "roots and branches"?
The questioner : Yes, exactly.
The Shaykh : In any case, this is a suggestion that you should study later.
The questioner : If Allah wills.
The Shaykh : And think about it, if you see it as good, record it.
The questioner : Yes, Eleventh, and it is not necessary that the establishment of a branch of faith in a person means he is called a believer, even if what he established is faith, nor is it necessary that the establishment of a branch of disbelief means he is called a disbeliever, even if what he established is disbelief.
The Shaykh : That he is called a disbeliever.
The questioner : Yes.
The Shaykh : Or that he becomes a disbeliever, or that he turns into a disbeliever?
The questioner : These are verbal options, which I think.
The Shaykh : Yes.
The questioner : Verbal options.
The Shaykh : I believe that the issue, as is not hidden from everyone now, we are in the process of explaining a very important idea and belief.
The questioner : Yes.
The Shaykh : So do we mean that we call him a disbeliever, or that he is a disbeliever with Allah?
The questioner : We mean that we apply the word of disbelief to him.
The Shaykh : But does everyone to whom we apply the word of disbelief become a disbeliever with Allah?
The questioner : We do not intervene in what is between Allah and His servants.
The Shaykh: Okay, this is it.
The questioner : Yes.
The Shaykh : So our research now is in which aspect of the two aspects: by what does one become deserving of eternal abode in the Fire, or by what does one deserve that we apply the term "disbeliever" to him, even if it is possible that he is not a disbeliever with Allah? What is our research now?
The questioner : The second.
The Shaykh : The second.
The questioner : Yes, exactly.
The Shaykh : And what is it?
The questioner : And it is whether he deserves that we apply the word of disbelief to him or not.
The Shaykh : I do not understand this, that the whole research is in this, the whole research is in what makes one a believer and what makes one a disbeliever with Allah. You mentioned earlier that if there is a branch of faith, he does not thereby become a believer.
The questioner : Yes.
The Shaykh : Okay, does he not become a believer with us or with Allah?
The questioner : With us, in the apparent.
The Shaykh : Yes?
The questioner : Because we judge based on the apparent.
The Shaykh : Okay, when we see that he has come with a branch of faith, what do we judge?
The questioner : Yes.
The Shaykh : Apparent.
The questioner : Yes, we judge him.
The Shaykh : For what?
The questioner : That he is a believer, but if there is mixed in his faith.
The Shaykh : Wait, you have now gone out of what you said earlier.
The questioner : No, O our Shaykh.
The Shaykh : How?
The questioner : When I say, "It is not necessary that the establishment of a branch of faith in a person means he is called a believer," like one in whom the branch of prayer is established, but it is mixed with a denial known from the religion by necessity, and the argument is established against him, is he called a believer?
The Shaykh : Excuse me, I hope the research does not become too long, because the branching of the topic will make us lose the main topic. You said now that the research is not limited to who is a believer or a disbeliever with Allah, but rather to whom we apply that he is a believer or that he is a disbeliever.
The questioner : Yes.
The Shaykh : Now, when we see a person in whom a characteristic of faith is verified, according to your admission earlier that we do not judge by what makes one a believer or what makes one a disbeliever, it is not appropriate for us to say about him that he is a believer, while you said, no, we say about him that he is a believer, correct?
The questioner : Yes.
The Shaykh : Okay, and as for the one who fell into disbelief, we say about him that he is a disbeliever, but the reality is that we say, with Allah, will he be a believer or will he be a disbeliever? We say that merely the verification of a branch of faith does not make him a believer with Allah (Mighty and Majestic), just as the other person who fell into a branch of disbelief may not be a disbeliever with Allah (Mighty and Majestic).
The questioner : Yes.
The Shaykh : So record this point also in the margin and think about it.
The questioner : If Allah wills.
The Shaykh : Then clarify the topic according to what your opinion concludes.
The questioner : If Allah wills. Twelfth, and it may be that in a man there is gathered disbelief and faith, shirk and tawhid, taqwa and open sinfulness, and hypocrisy and faith, and this is one of the greatest principles of the Sunnah, as Ibn al-Qayyim al-Jawziyyah says, and others among the people of innovation differed from them in that, such as the Khawarij and the Mu'tazilah, to the end of Ibn al-Qayyim's words. Thirteenth, and disbelief is of two types: disbelief of action and disbelief of denial and stubbornness.
The Shaykh : Yes.
The questioner : Fourteenth, that one who denies a ruling agreed upon by consensus is only declared a disbeliever if it is known from the religion by necessity, as for the agreed-upon that is not known from the religion by necessity, one is not declared a disbeliever for denying it, such as the fact that the daughter of a son has a sixth share with the daughter, which is agreed upon and not known by necessity, so the one who denies it is not declared a disbeliever. And the one who is declared a disbeliever for denying it, if it is known by necessity, is the legal ruling, because it is from the religion, and prayer, zakah, and Hajj, to the end of al-Subki's words. And Ibn Hajar al-Asqalani and Ibn Daqiq al-Eid said the same, and its completion is in the fifteenth principle.
The Shaykh : Excuse me, because it is a legal ruling, I said.
The questioner : Yes, exactly.
The Shaykh : Or did you quote?
The questioner : Yes.
The Shaykh : Okay, the inheritance issue that you mentioned, and the one whose denier or disbeliever is not declared a disbeliever, is it not a legal ruling?
The questioner : A legal ruling.
The Shaykh : So what is the value of that reasoning there?
The questioner : With another qualification, O Shaykh, another qualification, that the one who is declared a disbeliever for denying it, if it is known from the religion by necessity, is the legal ruling. So if something is known by necessity from the things of the world, the one who denies it is not declared a disbeliever if a person denies that this...
The Shaykh : May Allah bless you, there is no need for this detail, because this is what was quoted as a disagreement.
The questioner : So there is not.
The Shaykh : We have two issues.
The questioner : Yes.
The Shaykh : Both are legal.
The questioner : Yes.
The Shaykh : The first is what relates to the inheritance that you mentioned.
The questioner : Yes.
The Shaykh : This is a legal issue.
The questioner : Yes.
The Shaykh : And it is agreed upon, and it is a legal issue agreed upon, and it is agreed upon, the one who denies it is not declared a disbeliever.
The questioner : Yes.
The Shaykh : While the other one, you reasoned it because it is a legal ruling, and the issue is also legal.
The questioner : What is the other legal issue, O Shaykh?
The Shaykh : Remind me of the sentence in which you came in the beginning of the discussion.
The questioner : Another point I would like to make, another point: the one who is declared a disbeliever for denying a ruling is only the one whose denial concerns a ruling that is known by necessity.
The Shaykh : Is that not a Shari'ah ruling?
The questioner : This is a Shari'ah ruling, and we have finished discussing it.
The Shaykh : No problem, take and give, take and give. Is that not a Shari'ah ruling? The answer is yes; it is the issue of inheritance.
The questioner : A legal ruling.
The Shaykh : Good, and it is agreed upon by consensus.
The questioner : Yes.
The Shaykh : Good, why is the denier not declared a disbeliever, when it is a Shari'ah ruling and agreed upon by consensus?
The questioner : He is declared a disbeliever, O Shaykh. Excuse me, excuse me, this does not lead to declaring someone a disbeliever.
The Shaykh : ... I mean, answer my question. Why is he not declared a disbeliever? Why is he not declared a disbeliever? What is the difference between this issue and the second issue? Both are Shari'ah rulings.
The questioner : The difference is that we declare a disbeliever the one who denies a Shari'ah ruling, but if it is a non-Shari'ah ruling, we do not declare him a disbeliever. That is what I mean by my statement.
The Shaykh : Glory be to Allah.
The questioner : Therefore, I ask that you read the statement again.
The Shaykh : No, my brother, no. You understand me and answer me.
The questioner: Okay
The Shaykh : The issue of inheritance that you mentioned and said is agreed upon by consensus, this is a Shari'ah ruling.
The questioner : Yes.
The Shaykh : Good, why is the denier not declared a disbeliever? Answer me?
The questioner : Because it is not known from the religion by necessity.
The Shaykh : Is it not agreed upon by consensus?
The questioner : Yes.
The Shaykh : Good, fine. Does "agreed upon by consensus" not equate to our saying "known from the religion by necessity"?
The questioner : It does not equate to it.
The Shaykh : Huh?
The questioner : "Agreed upon by consensus" does not equate to it.
The Shaykh : Ah
The questioner : It may be known from the religion by necessity.
The Shaykh : Ah.
The questioner : And it may not be known from the religion by necessity.
The Shaykh : Now we are on the right track. So, there is a consensus that is known from the religion by necessity. Therefore, the correction in the first issue is that, although there is consensus, it is not among what is known from the religion by necessity.
The questioner : Yes, exactly.
The Shaykh : This is not clear in the expression.
The questioner : Yes.
The Shaykh : Because you know that many consensuses do not lead to declaring the denier misguided, let alone declaring him a disbeliever. But certainly, on the other hand, in some consensuses, the one who denies them is a disbeliever.
The questioner : Yes.
The Shaykh : Why? For the cause you mentioned last, you mentioned it, not I, which is that it is among what is known from the religion by necessity. So this condition is necessary to clarify the real reason for not declaring a disbeliever the one who denies this ruling of inheritance.
The questioner : Yes, the fifteenth point: and the fact that something is known from the religion by necessity is a relative matter. A person who recently embraced Islam or who grew up in a remote desert may not know this at all, let alone know it by necessity. And many scholars know by necessity that the Prophet (peace and blessings be upon him) prostrated for forgetfulness and ruled that the child belongs to the marriage bed, and other things that the specialists know by necessity, while most people do not know them at all, as the Shaykh al-Islam said in the book al-Furqan.
The Shaykh : There is no objection.
The questioner : The sixteenth point: and no one is declared a disbeliever for what is implied by schools of thought and opinions, nor is any consideration given to the ideas to which they may lead. Finally, no one is declared a disbeliever except the one upon whose declaration of disbelief the people of the Sunnah agree, or for whose disbelief there is a proof that cannot be refuted.
The Shaykh : He is doing well.
The questioner : This is the end of what I was able to gather regarding the principles of declaring someone a disbeliever.
The Shaykh : May Allah reward you with good.
The questioner : What is your opinion of them in general?
The Shaykh : May Allah reward you with good. I do not see anything wrong with them except for some branches that were discussed.
The questioner : Yes, exactly.
The Shaykh : But my memory returned to some of what was mentioned previously regarding some of those conditions, where I think the word "hostility" was mentioned.
The questioner : Yes.
The Shaykh : This is the emotional hostility.
The questioner : Yes.
The Shaykh : Can you remind me of the expression in which this word appeared?
The questioner : The expression is that the one who knows with his heart and testifies with his tongue is not a believer by that alone until he performs the work of the heart, which is reverence, love, hatred, loyalty, and hostility. And this word appeared in the texts of the Shaykh al-Islam, Ibn al-Qayyim, and other scholars.
The Shaykh : Yes, when "loyalty and hostility" are used in a general sense, is the intended meaning emotional loyalty and hostility, or practical loyalty and hostility?
The questioner : When used in a general sense?
The Shaykh: Yes.
The questioner : Emotional.
The Shaykh: I don't think so
The questioner : In my statement here, the intended meaning is emotional. So if one shows loyalty...
The Shaykh : This is a good condition.
The questioner : Yes, so that I exclude something, so that I exclude the issue of loyalty and hostility, because many people declare a person a disbeliever simply because he shows loyalty to one of the enemies of Allah (Mighty and Majestic), without...
The Shaykh : This is what I feared would be misunderstood.
The questioner : Yes, exactly.
The Shaykh : Do you think the expression needs more clarification?
The questioner : I clarified it in the body of the book.
The Shaykh : How?
The questioner : I clarified something like this in the body of the book.
The Shaykh : That is what we desire.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.