The response to the Maliki claim that the Basmala is not a verse of the Qur'an.
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'Umar al-Ashqar: A matter that constantly troubles me is the position of the Malikis in their established texts, where they hold that the Basmala is not part of the Qur'an, while their opponents, the majority of scholars, hold that it is a verse of the Book of Allah, with differences among them regarding whether it is a verse at the beginning of the Qur'an.
The Shaykh: Independent, meaning.
'Umar al-Ashqar: Or an independent verse in every surah. So the disagreement does not reach the point of whether it is a verse of the Book of Allah or not. I say that it is a mercy from Allah that our Lord protected us from the evil of this fitnah, where people declare each other disbelievers. It is a verse, not a verse, even though the scholars of the Maliki school affirm it, and it is also the established position among them. The Shaykh al-Islam stopped, meaning I read his words more than once, but I truly could not examine them closely. I reviewed his words more than once; his words need more review. The issue is specific to matters of consensus. It is clear that everything between the two covers is from the Book of Allah. So I read this issue for you.
The Shaykh: Is this more difficult, or is it the narration reported from Ibn Mas'ud that the two Mu'awwidhat are not from the Qur'an? Which is more difficult?
'Umar al-Ashqar: There is no doubt that this is the greater difficulty.
The Shaykh: What is the way out of it? What is the way out of that?
Al-Halabi: Our Shaykh, there is something related to the first question, Professor 'Umar.
The questioner: The way out of that
The Shaykh: Regarding what?
The questioner: The way out of the claim that the two Mu'awwidhat are not from the Qur'an.
The Shaykh: They say that one who imitates a disbeliever is not a disbeliever, and one who imitates an error and transmits it is not in error. We drew Professor 'Umar's attention to the fact that this has a parallel, and a more dangerous one, but this is an error. However, I believe the problem arises from the conception that every verse of the Qur'an is mass-transmitted to every individual Muslim. If we did not hold this conception, the difficulty would disappear. The difficulty regarding the two Mu'awwidhat for Ibn Mas'ud disappears, because without a doubt, if we found a righteous scholar in this time who embodied the statement of Ibn Mas'ud, the Muslims would unanimously declare him a disbeliever. But no one can say anything about Ibn Mas'ud that touches his status and his companionship. Do you see what the reason is? The reason is that it was not mass-transmitted to them. It reached him from some of the Companions that they narrated it from the Messenger (peace and blessings be upon him), or they narrated that from the Messenger (peace and blessings be upon him). But he interpreted it to mean that it was not from the Mu'awwidhat. So I do not rule out that the imam of the Malikis, and I do not want to say Imam Malik himself, because I do not have knowledge and expertise in that, but I say the imams of the Malikis, whom they follow in this matter, without a doubt, this was not mass-transmitted to them.
'Umar al-Ashqar: This is not something that contradicts what is known of the religion by necessity.
The Shaykh: Yes, this is the known matter I referred to. Do you apply this to Ibn Mas'ud?
'Umar al-Ashqar: No.
The Shaykh : Why?
'Umar al-Ashqar: Because in my understanding, Muslims should be excused in such a matter, so I do not scrutinize it with this level of scrutiny.
The Shaykh: No, no. Can you say about Ibn Mas'ud, you said in your understanding it is such and such, I agree with you in this, but the question is not this question. Do you apply this rule, meaning that he denied something known of the religion by necessity, and then you come to whether you declare him a disbeliever and say no? We meet in this prohibition. But now the first question is: do you say that he denied something known of the religion by necessity?
'Umar al-Ashqar: No.
The Shaykh: This is what I was hinting at earlier. So I say regarding that imam whom the Malikis follow, the answer to both is one. It is clear to you, I think.
'Umar al-Ashqar: Yes, it is clear.
The Shaykh : It is this.
The Shaykh: Independent, meaning.
'Umar al-Ashqar: Or an independent verse in every surah. So the disagreement does not reach the point of whether it is a verse of the Book of Allah or not. I say that it is a mercy from Allah that our Lord protected us from the evil of this fitnah, where people declare each other disbelievers. It is a verse, not a verse, even though the scholars of the Maliki school affirm it, and it is also the established position among them. The Shaykh al-Islam stopped, meaning I read his words more than once, but I truly could not examine them closely. I reviewed his words more than once; his words need more review. The issue is specific to matters of consensus. It is clear that everything between the two covers is from the Book of Allah. So I read this issue for you.
The Shaykh: Is this more difficult, or is it the narration reported from Ibn Mas'ud that the two Mu'awwidhat are not from the Qur'an? Which is more difficult?
'Umar al-Ashqar: There is no doubt that this is the greater difficulty.
The Shaykh: What is the way out of it? What is the way out of that?
Al-Halabi: Our Shaykh, there is something related to the first question, Professor 'Umar.
The questioner: The way out of that
The Shaykh: Regarding what?
The questioner: The way out of the claim that the two Mu'awwidhat are not from the Qur'an.
The Shaykh: They say that one who imitates a disbeliever is not a disbeliever, and one who imitates an error and transmits it is not in error. We drew Professor 'Umar's attention to the fact that this has a parallel, and a more dangerous one, but this is an error. However, I believe the problem arises from the conception that every verse of the Qur'an is mass-transmitted to every individual Muslim. If we did not hold this conception, the difficulty would disappear. The difficulty regarding the two Mu'awwidhat for Ibn Mas'ud disappears, because without a doubt, if we found a righteous scholar in this time who embodied the statement of Ibn Mas'ud, the Muslims would unanimously declare him a disbeliever. But no one can say anything about Ibn Mas'ud that touches his status and his companionship. Do you see what the reason is? The reason is that it was not mass-transmitted to them. It reached him from some of the Companions that they narrated it from the Messenger (peace and blessings be upon him), or they narrated that from the Messenger (peace and blessings be upon him). But he interpreted it to mean that it was not from the Mu'awwidhat. So I do not rule out that the imam of the Malikis, and I do not want to say Imam Malik himself, because I do not have knowledge and expertise in that, but I say the imams of the Malikis, whom they follow in this matter, without a doubt, this was not mass-transmitted to them.
'Umar al-Ashqar: This is not something that contradicts what is known of the religion by necessity.
The Shaykh: Yes, this is the known matter I referred to. Do you apply this to Ibn Mas'ud?
'Umar al-Ashqar: No.
The Shaykh : Why?
'Umar al-Ashqar: Because in my understanding, Muslims should be excused in such a matter, so I do not scrutinize it with this level of scrutiny.
The Shaykh: No, no. Can you say about Ibn Mas'ud, you said in your understanding it is such and such, I agree with you in this, but the question is not this question. Do you apply this rule, meaning that he denied something known of the religion by necessity, and then you come to whether you declare him a disbeliever and say no? We meet in this prohibition. But now the first question is: do you say that he denied something known of the religion by necessity?
'Umar al-Ashqar: No.
The Shaykh: This is what I was hinting at earlier. So I say regarding that imam whom the Malikis follow, the answer to both is one. It is clear to you, I think.
'Umar al-Ashqar: Yes, it is clear.
The Shaykh : It is this.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.