Fatawa of the Makkah Haram-1410-05a
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The Shaykh : And the compilers of the Sunan collections reported from the hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather 'Abdullah ibn 'Amr ibn al-'As Bulugh al-Maram 4:22 Do you know what the two silent ones are? The two bracelets and the two thick, solid ones. Then the Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 1563 And regarding this hadith, al-Hafiz Ibn Hajar said in *Bulugh al-Maram*: "Its chain of narration is strong" And our Shaykh 'Abd al-'Aziz ibn Baz said: "It is authentic" And its corroborating evidence is what we referred to in the first hadith, the hadith of Abu Hurayrah: Sahih Muslim 987a which Muslim also reported. In this is evidence for the obligation of zakah in a woman's jewelry, but only when it reaches the nisab, which is eighty-five grams or ninety-one grams, depending on the alloy in the gold. As for the hadith of 'Amr ibn Shu'ayb that I referred to, some people criticized it with two defects: one in the chain of narration and one in the text. However, these are two weak defects. As for the first defect in the chain, they said that this chain, 'Amr ibn Shu'ayb from his father from his grandfather, is a weak chain. But this claim is far from being correct, and no one has said it is weak except those who are not experts in hadith. For this reason, al-Nawawi (may Allah have mercy on him) mentioned in the introduction to his *Sharh al-Muhadhdhab* that the scholars of hadith have authenticated this chain. He said: "They are the experts, and they know better about it than others" And al-Bukhari (may Allah have mercy on him) said: "I saw Ahmad ibn Hanbal, Yahya ibn Ma'in, Ishaq ibn Rahawayh, Abu 'Ubayd, and most of our companions using the hadith of 'Amr ibn Shu'ayb from his father from his grandfather as evidence, and no Muslim has abandoned it. So who are the people after these?!" And Ibn al-Qayyim said in *Zad al-Ma'ad*: "The four Imams used his hadith as evidence in the issue of a woman who marries while she has children from a previous husband, or daughters; if she marries another husband, her custody of her children is removed" So this chain is one of the most authentic chains, to the extent that Ishaq ibn Rahawayh said: If the chain to 'Amr ibn Shu'ayb is authentic, it is like the hadith of Malik from Nafi' from Ibn 'Umar. This chain is called by the hadith scholars "the chain of gold" because it is the strongest in terms of the reliability of the narrators and its continuity. If this is the status of this chain, how can it be criticized as weak when the Imams of the people of hadith authenticate it and use it as evidence? As for the defect in the text, some said: How does the Prophet (peace and blessings be upon him) threaten this woman with such a severe threat without informing her of the obligation of zakah? We know that the way of the Messenger (may the prayer and peace of Allah be upon him) in calling to the truth is gentleness. So how does he threaten this woman when she did not know? The answer to that is that since it was known to them that zakah is obligatory in gold, leaving this jewelry without paying zakah was a cause for punishment, and his threatening her with that was in accordance with wisdom. This is similar to what is established in the authentic collections from أن النبي صلى الله عليه وسلم رأى رجلاً وفي وعليه خاتم من ذهب فنزعه النبي صلى الله عليه وسلم أي نزع خاتم الذهب من يد الرجل ورمى به وقال : يعمد أحدكم إلى جمرة من نار فيضعها في يده ثم انصرف النبي صلى الله عليه وسلم فقيل للرجل خذ خاتمك قال : والله لا آخذ خاتماً طرحه النبي صلى الله عليه وسلم ، الشاهد من هذا أن الرسول صلى الله عليه وسلم نزع الخاتم من يد الرجل وقال: يعمد أحدكم إلى جمرة من نار فيضعها في يده لأنه كان من المعلوم عندهم أن الذهب حرام على الرجال ، وبهذا سقطت العلة في المتن وإذا تبين سقوط العلتين علة السند وعلة المتن ولم يوجد لهذا الحديث معارض مقاوم صار الحديث سالماً من المعارض المقاوم وصار الأخذ به عين الصواب . That the Prophet (peace and blessings be upon him) saw a man wearing a gold ring, so the Prophet (peace and blessings be upon him) removed it, meaning he removed the gold ring from the man's hand and threw it away, and said: One of you takes a brand of fire and puts it in his hand. Then the Prophet (peace and blessings be upon him) turned away. It was said to the man: Take your ring. He said: By Allah, I will not take a ring that the Prophet (peace and blessings be upon him) threw away. The point of this is that the Messenger (peace and blessings be upon him) removed the ring from the man's hand and said: One of you takes a brand of fire and puts it in his hand, because it was known to them that gold is forbidden for men. With this, the defect in the text is removed. And when it becomes clear that both defects, the defect in the chain and the defect in the text, are removed, and no opposing evidence is found for this hadith, the hadith becomes free from opposing evidence, and acting upon it is the correct course.
