Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-05b
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The reciter: Abu al-Walid narrated to us, al-Layth narrated to us from Ibn Shihab from Urwah from Aisha: .
The Shaykh : Does this mean life and death, or management and disposition, or both?
Both, and this is an example of an oath using this formulation.
Sunan an-Nasa'i 4900Sahih (Darussalam) And Fatimah is superior to the women of the world in lineage, and for this reason she was the lady of the women of Paradise (may Allah be pleased with her), and she is undoubtedly more noble than the woman from the Banu Makhzum whose hand the Prophet (peace and blessings be upon him) ordered to be cut off.
And the story of this woman from the Banu Makhzum is that she would borrow items. What does it mean to borrow?
She would take them as a loan, saying: "Lend me the pot, lend me the vessel," and then she would deny it, saying: "You gave me nothing." The one who lent to her would have a good opinion of her and would not testify against her, so she would deny it. The Prophet (peace and blessings be upon him) ordered that her hand be cut off. This alarmed the Quraysh, and they were concerned that the hand of a woman from the Banu Makhzum, one of the most noble tribes of the Arabs, would be cut off. They said: "Who will speak to the Messenger (peace and blessings be upon him) about this?" Everyone was afraid, then they said: "Usamah ibn Zayd is the beloved of the Messenger of Allah (peace and blessings be upon him) and the son of his beloved, meaning his beloved and the son of his beloved." So Usamah stepped forward to intercede, and he said to him:Sunan Abi Dawud 4373Sahih (Al-Albani) He said this as a rebuke and a denial, even though he was among the people he loved most, but the Messenger (peace and blessings be upon him) did not fear the blame of any blamer in the cause of Allah.
Sunan Abi Dawud 4373Sahih (Al-Albani) Then he stood up and gave a sermon, praising Allah and mentioning His attributes, then he said: Jami` at-Tirmidhi 1430Sahih (Darussalam) O Allah, send prayers and peace upon him. Fatimah, about whom he said: But the truth is a necessity.
Now we have fallen into destruction in this time. A thousand excuses are raised between the noble person and the enforcement of the hudud, so that he is not judged with what necessitates cutting or the hudud. Then, if it becomes obligatory, a thousand obstacles are raised to prevent the execution of the hudud. This is if he is noble.
But if he is lowly, it is the opposite of that. Beat him, do not have mercy on him. Why? He is not worth a penny. And so we have perished now. The trust has been lost, the consciences have become light, the open sinner has become bold, and the noble person is safe from being punished. So many of the nobles are those who engage in the most trivial matters. We ask Allah for safety.
And therefore, they cannot condemn others for such trivial matters, because a person by nature says: "How can I condemn someone for what I do myself?" And this is the truth. Perhaps if he is doing it, he has become accustomed to it and it has become light in his eyes, so he sees the action of others as light and does not care.
That Usamah spoke to the Prophet (peace and blessings be upon him) regarding a woman, and he said: "The only reason those before you perished is that they would enforce the hudud upon the lowly and leave the noble ones alone. By My life, if Fatimah bint Muhammad had done that, I would have cut off her hand."
أن أسامة كلم النبي صلى الله عليه وسلم في امرأة، فقال : إنما هلك من كان قبلكم، أنهم كانوا يقيمون الحد على الوضيع ويتركون الشريف، والذي نفسي بيده، لو أن فاطمة فعلت ذلك لقطعت يدهاThe Shaykh :
By Myself in My Hand
والذي نفسي بيدهBoth, and this is an example of an oath using this formulation.
if Fatimah bint Muhammad were to steal, I would cut off her hand
لو أن فاطمة بنت محمد فعلت لقطعت يدهاAnd the story of this woman from the Banu Makhzum is that she would borrow items. What does it mean to borrow?
She would take them as a loan, saying: "Lend me the pot, lend me the vessel," and then she would deny it, saying: "You gave me nothing." The one who lent to her would have a good opinion of her and would not testify against her, so she would deny it. The Prophet (peace and blessings be upon him) ordered that her hand be cut off. This alarmed the Quraysh, and they were concerned that the hand of a woman from the Banu Makhzum, one of the most noble tribes of the Arabs, would be cut off. They said: "Who will speak to the Messenger (peace and blessings be upon him) about this?" Everyone was afraid, then they said: "Usamah ibn Zayd is the beloved of the Messenger of Allah (peace and blessings be upon him) and the son of his beloved, meaning his beloved and the son of his beloved." So Usamah stepped forward to intercede, and he said to him:
Are you interceding regarding one of the punishments prescribed by Allah ?
أتشفع في حد من حدود اللهAre you interceding regarding one of the punishments prescribed by Allah ?
أتشفع في حد من حدود اللهThose before you were only destroyed because they used to leave a noble person if he stole. And if a weak person stole they would establish the penalty upon him. And by Allah! If Fatimah bint Muhammad stole, then I would cut off her hand.
إنما أهلك من كان قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه وإذا سرق فيهم الوضيع أقاموا عليه الحد _ أو قال : قطعوه_، وايم الله لو أن فاطمة بنت محمد سرقت لقطعت يدهاShe is a part of me; what angers me angers her.
هي بضعة مني يريبها ما رابنيNow we have fallen into destruction in this time. A thousand excuses are raised between the noble person and the enforcement of the hudud, so that he is not judged with what necessitates cutting or the hudud. Then, if it becomes obligatory, a thousand obstacles are raised to prevent the execution of the hudud. This is if he is noble.
But if he is lowly, it is the opposite of that. Beat him, do not have mercy on him. Why? He is not worth a penny. And so we have perished now. The trust has been lost, the consciences have become light, the open sinner has become bold, and the noble person is safe from being punished. So many of the nobles are those who engage in the most trivial matters. We ask Allah for safety.
And therefore, they cannot condemn others for such trivial matters, because a person by nature says: "How can I condemn someone for what I do myself?" And this is the truth. Perhaps if he is doing it, he has become accustomed to it and it has become light in his eyes, so he sees the action of others as light and does not care.