What is the authenticity of the hadith: ( . . . . . musical instruments . . . . . . . . . . ) and what is its jurisprudence?
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The questioner: Then, O professor, before you move on, may Allah bless you, O my professor.
The Shaykh : Please go ahead.
The questioner: I mean, what we understand from your words is that the hadith is established, and therefore all musical instruments are forbidden?
The Shaykh: There is no doubt, absolutely, unless we want to enter into the jurisprudential aspect, in which case we exclude from musical instruments only the hand drum, and only on the day of the wedding and the day of the festival.
The questioner: For women, or for men and women?
The Shaykh: No, if men beat the hand drum, it means they have become women - the brothers are laughing - even in the past, who used to beat the hand drum? The slave girls, meaning not the mature women, I mean the slave girls.
Al-Halabi: I hope you will expand a little on the issue of women and the conditions that permit this?
The Shaykh: Yes, without a doubt, we say that the hand drum is permissible on the festival or the two festivals, 'Id al-Fitr and 'Id al-Adha, and on the occasion of the wedding; but it is required that this hand drum not have bells or jingles attached to it, which make the sound more pleasant for the atmosphere. Yes, and this is specific only to the two festivals, and people expand here; perhaps a festival comes that has no basis in the Shari'ah, and they say this is a day of joy and a day of festival; so this hadith is general, and we know that there is no general statement that has not been specified, as some scholars of usul al-fiqh say, so this is among the things that were specified by the evidence of the hadith of Abu Bakr, and this is where Ibn Hazm erred, may Allah have mercy on him, ; Ibn Hazm took from this hadith that this instrument is permissible to be beaten without any condition or restriction, whereas the hadith is explicit: Mishkat al-Masabih 1432 this is an explanatory clause Sahih Muslim 892a so there is no general permission in the hadith for beating the hand drum, especially for men, but rather for women; and here I mentioned the slave girls; so the hadith of Hisham ibn 'Ammar is a valid hadith, but it is specified, as are other hadiths of the same meaning, of course, which al-Ghazali and others of the people of desires turned away from because they did not suit them; so these hadiths that forbid all musical instruments, including the drum, are general and comprehensive for all days, except what pertains only to the hand drum, which is permissible on 'Id al-Fitr, 'Id al-Adha, and the wedding, and specifically for women, not for men.
The Shaykh : Please go ahead.
The questioner: I mean, what we understand from your words is that the hadith is established, and therefore all musical instruments are forbidden?
The Shaykh: There is no doubt, absolutely, unless we want to enter into the jurisprudential aspect, in which case we exclude from musical instruments only the hand drum, and only on the day of the wedding and the day of the festival.
The questioner: For women, or for men and women?
The Shaykh: No, if men beat the hand drum, it means they have become women - the brothers are laughing - even in the past, who used to beat the hand drum? The slave girls, meaning not the mature women, I mean the slave girls.
Al-Halabi: I hope you will expand a little on the issue of women and the conditions that permit this?
The Shaykh: Yes, without a doubt, we say that the hand drum is permissible on the festival or the two festivals, 'Id al-Fitr and 'Id al-Adha, and on the occasion of the wedding; but it is required that this hand drum not have bells or jingles attached to it, which make the sound more pleasant for the atmosphere. Yes, and this is specific only to the two festivals, and people expand here; perhaps a festival comes that has no basis in the Shari'ah, and they say this is a day of joy and a day of festival; so this hadith is general, and we know that there is no general statement that has not been specified, as some scholars of usul al-fiqh say, so this is among the things that were specified by the evidence of the hadith of Abu Bakr, and this is where Ibn Hazm erred, may Allah have mercy on him,
When Abu Bakr entered upon the Prophet (peace and blessings be upon him) on a day of festival, and there were two slave girls singing with the singing of the Ba'ath, beating the hand drum for him, he cried out at the top of his voice, "Is there a flute of Satan in the house of the Messenger of Allah (peace and blessings be upon him)?" And the Messenger of Allah (peace and blessings be upon him) was lying down, so he raised his head and said, "Let them be, O Abu Bakr, for every people has a festival, and this is our festival."
لما دخل أبو بكر على النبي صلى الله عليه وآله وسلم يوم عيد وعنده جاريتان تغنيان بغناء بعاث يضربان عليه بدف فصاح بأعلى صوته ، أمزمار الشيطان في بيت رسول الله صلى الله عليه وسلم ؟ وكان رسول الله صلى الله عليه وسلم مسجى فرفع رأسه وقال دعهما يا أبا بكر فإن لكل قوم عيدا وهذا عيدناAbu Bakr, every people has a festival, and this is ours.
دعهما يا أبا بكر فإن لكل قوم عيدا وهذا عيدناevery people have a festival and it is our festival
فإن لكل قوم عيدا وهذا عيدنا
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.