Does an open sin make a person an open sinner, such as shaving the beard and the like?
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The questioner : May Allah reward you with good. Does an open sin make a person an open sinner? And is there a difference between an open sin like shaving the beard and the like, meaning backbiting, for example?
The Shaykh : The well-known view among scholars is that a single major sin makes the perpetrator an open sinner, as long as he does not repent from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues with it, such as shaving the beard, for example. In that case, he becomes an open sinner because his persistence in the minor sin is evidence of his negligence regarding Allah, Mighty and Majestic, and His commands or prohibitions. This is a major sin with regard to the heart.
Therefore, it is not far-fetched that a single minor sin becomes a major sin if a person commits it out of contempt for the ruling of Allah, Mighty and Majestic, and out of indifference, not for a psychological desire that compelled him to do it. A minor sin may become a major sin. Some scholars have said that a major sin may become a minor sin if a person feels shame before Allah, Mighty and Majestic, and embarrassment at the time of the act, but his soul, which commands evil, incited him until it forced him to commit the act. This may be subject to consideration. However, the fact that a minor sin becomes a major sin according to the negligence present in the heart regarding it is not far-fetched.
But the question remains: what are the consequences of his open sinfulness? Does it entail that we reject his testimony, prevent him from leading the prayer, prevent him from being a guardian, and the like? This is a point of disagreement among scholars. Some scholars say that if a person becomes an open sinner, his guardianship is revoked, to the extent that he cannot marry off his daughter, nor be an imam in the congregation, nor is his testimony accepted.
But this is subject to consideration, because if we adopted this view, we would find that there are few people among the people who are qualified for testimony, guardianship, and leading the prayer, except rarely.
And I give you an example other than the beard. As for the beard, many people may let it grow and not touch it with harm. But as for backbiting, few are free from it, and it is among the major sins. If a person commits it once and does not repent, he is thereby an open sinner, and his integrity is revoked. If we adopted this view that an open sinner cannot be a guardian, nor an imam, nor a witness, nor a judge either, the matter would become very difficult, because it is rare, rare, and rare for anyone to be free from backbiting, even the committed ones. When they sit in their gatherings, they may backbite.
And unfortunately, the committed ones may be incited to backbite about those whose backbiting is more severe and greater. These committed ones may be incited to backbite about scholars, to backbite about preachers, to backbite about rulers, to backbite about the sultan, and to backbite about these and others from the authorities, even if their authority is small, such as a school principal, for example. Backbiting them is greater than backbiting ordinary people.
This becomes clear in that if we backbite about scholars, for example, people’s trust in them decreases. And if people’s trust in them decreases, people’s acceptance of what they say from the Shari'ah decreases. This is a great danger. If we backbite about rulers or the sultan, people’s awe of him decreases, and it becomes easy for them to rebel against him and disobey him. This is a great breach of security.
Therefore, backbiting about the authorities, from scholars and rulers, is greater than backbiting about ordinary people. Because if backbiting about ordinary people results in harm, it is only for the person himself, because he is not a leader or a role model in anything. The conclusion is that the view that an open sinner’s leadership, guardianship, and testimony are revoked is a weak view.
Yes, if it were assumed that rejecting his testimony, preventing his guardianship, or removing him from leading the prayer would result in a benefit for him and others, such that he would stop the sin and others would be deterred, then preventing him from that would be appropriate. This would be from the category of discretionary punishment by removal from positions of authority. Discretionary punishment by removal from positions of authority is permissible in the Shari'ah.
It is narrated that the Prophet (peace and blessings be upon him) saw a spittle on the qiblah of the mosque, and it was from the imam, so he removed the imam. And this is a punishment based on removal from positions of authority and jobs and the like. Yes.
The questioner : O Shaykh, the earnings of one who commits a minor sin, if it is...
The Shaykh : It is the custom, O Abd al-Rahman, in this gathering that there is only one question.
The questioner : ...
The Shaykh : The addition is not in what we have answered.
The questioner : But I mean now, is it called, O Shaykh, open sinfulness?
The Shaykh : It is called an open sinner. Persisting in a minor sin is open sinfulness.
The questioner : ... a minor sin once is a minor sin. He has not deviated from the norm.
The Shaykh : No, he has deviated from the norm, but a deviation that does not distance him from the norm.
The Shaykh : The well-known view among scholars is that a single major sin makes the perpetrator an open sinner, as long as he does not repent from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues with it, such as shaving the beard, for example. In that case, he becomes an open sinner because his persistence in the minor sin is evidence of his negligence regarding Allah, Mighty and Majestic, and His commands or prohibitions. This is a major sin with regard to the heart.
Therefore, it is not far-fetched that a single minor sin becomes a major sin if a person commits it out of contempt for the ruling of Allah, Mighty and Majestic, and out of indifference, not for a psychological desire that compelled him to do it. A minor sin may become a major sin. Some scholars have said that a major sin may become a minor sin if a person feels shame before Allah, Mighty and Majestic, and embarrassment at the time of the act, but his soul, which commands evil, incited him until it forced him to commit the act. This may be subject to consideration. However, the fact that a minor sin becomes a major sin according to the negligence present in the heart regarding it is not far-fetched.
But the question remains: what are the consequences of his open sinfulness? Does it entail that we reject his testimony, prevent him from leading the prayer, prevent him from being a guardian, and the like? This is a point of disagreement among scholars. Some scholars say that if a person becomes an open sinner, his guardianship is revoked, to the extent that he cannot marry off his daughter, nor be an imam in the congregation, nor is his testimony accepted.
But this is subject to consideration, because if we adopted this view, we would find that there are few people among the people who are qualified for testimony, guardianship, and leading the prayer, except rarely.
And I give you an example other than the beard. As for the beard, many people may let it grow and not touch it with harm. But as for backbiting, few are free from it, and it is among the major sins. If a person commits it once and does not repent, he is thereby an open sinner, and his integrity is revoked. If we adopted this view that an open sinner cannot be a guardian, nor an imam, nor a witness, nor a judge either, the matter would become very difficult, because it is rare, rare, and rare for anyone to be free from backbiting, even the committed ones. When they sit in their gatherings, they may backbite.
And unfortunately, the committed ones may be incited to backbite about those whose backbiting is more severe and greater. These committed ones may be incited to backbite about scholars, to backbite about preachers, to backbite about rulers, to backbite about the sultan, and to backbite about these and others from the authorities, even if their authority is small, such as a school principal, for example. Backbiting them is greater than backbiting ordinary people.
This becomes clear in that if we backbite about scholars, for example, people’s trust in them decreases. And if people’s trust in them decreases, people’s acceptance of what they say from the Shari'ah decreases. This is a great danger. If we backbite about rulers or the sultan, people’s awe of him decreases, and it becomes easy for them to rebel against him and disobey him. This is a great breach of security.
Therefore, backbiting about the authorities, from scholars and rulers, is greater than backbiting about ordinary people. Because if backbiting about ordinary people results in harm, it is only for the person himself, because he is not a leader or a role model in anything. The conclusion is that the view that an open sinner’s leadership, guardianship, and testimony are revoked is a weak view.
Yes, if it were assumed that rejecting his testimony, preventing his guardianship, or removing him from leading the prayer would result in a benefit for him and others, such that he would stop the sin and others would be deterred, then preventing him from that would be appropriate. This would be from the category of discretionary punishment by removal from positions of authority. Discretionary punishment by removal from positions of authority is permissible in the Shari'ah.
It is narrated that the Prophet (peace and blessings be upon him) saw a spittle on the qiblah of the mosque, and it was from the imam, so he removed the imam. And this is a punishment based on removal from positions of authority and jobs and the like. Yes.
The questioner : O Shaykh, the earnings of one who commits a minor sin, if it is...
The Shaykh : It is the custom, O Abd al-Rahman, in this gathering that there is only one question.
The questioner : ...
The Shaykh : The addition is not in what we have answered.
The questioner : But I mean now, is it called, O Shaykh, open sinfulness?
The Shaykh : It is called an open sinner. Persisting in a minor sin is open sinfulness.
The questioner : ... a minor sin once is a minor sin. He has not deviated from the norm.
The Shaykh : No, he has deviated from the norm, but a deviation that does not distance him from the norm.