Does an open sin, such as shaving the beard, make a person an open sinner, or is it a hidden sin, such as backbiting?
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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, such as shaving the beard and the like, and backbiting, for example?
The Shaykh : The well-known view among scholars is that a single major sin makes the perpetrator an open sinner, unless he repents from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues with it. For example, shaving the beard makes one an open sinner because persisting in a minor sin is evidence of being lax regarding Allah, Mighty and Majestic, and His commands or prohibitions. This is a major sin in terms of 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 out of a personal desire that compelled him to do it. A minor sin may become a major sin.
Some scholars 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, urged him until it forced him to commit the act.
This may be subject to scrutiny. The fact that a minor sin becomes a major sin according to the laxity present in the heart regarding it is not far-fetched.
However, the question remains: what are the consequences of his being an open sinner? 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 matter 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 scrutiny, because if we adopted this view, we would find that hardly anyone among the people is qualified for testimony, guardianship, or leading the prayer, except rarely. I will give you an example other than the beard. Many people may let their beards grow and not touch them with harm, but backbiting is something few are free from, and it is among the major sins. If a person commits it even once and does not repent, he is an open sinner and his integrity is revoked. If we adopted the view that an open sinner cannot be a guardian, an imam, a witness, or a judge, the situation would become very difficult, because it is rare, rare, and rare for anyone to be free from backbiting. Even the committed, when they sit in their gatherings, may backbite. And unfortunately, the committed may be incited to backbite those who backbite more severely and greatly. These committed people may be incited to backbite scholars, to backbite preachers, to backbite rulers, to backbite the sultan, and to backbite these and other rulers, even if their authority is small, such as a school principal, which is greater than backbiting ordinary people. This is clarified by the fact that if we backbite 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 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 rulers, among scholars and princes, is greater than backbiting ordinary people, because if backbiting 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 fall under 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 was 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. 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 as we said, a minor sin...
The Shaykh : It is the custom, O Abd al-Rahman, in this gathering that there is only one question.
The questioner : The question is just this...
The Shaykh : The addition, we have not answered it.
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 : No, if...
The Shaykh : Committing a major sin, even once, 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 in a way 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, unless he repents from it. As for a minor sin, it does not make him an open sinner unless he persists in it and continues with it. For example, shaving the beard makes one an open sinner because persisting in a minor sin is evidence of being lax regarding Allah, Mighty and Majestic, and His commands or prohibitions. This is a major sin in terms of 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 out of a personal desire that compelled him to do it. A minor sin may become a major sin.
Some scholars 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, urged him until it forced him to commit the act.
This may be subject to scrutiny. The fact that a minor sin becomes a major sin according to the laxity present in the heart regarding it is not far-fetched.
However, the question remains: what are the consequences of his being an open sinner? 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 matter 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 scrutiny, because if we adopted this view, we would find that hardly anyone among the people is qualified for testimony, guardianship, or leading the prayer, except rarely. I will give you an example other than the beard. Many people may let their beards grow and not touch them with harm, but backbiting is something few are free from, and it is among the major sins. If a person commits it even once and does not repent, he is an open sinner and his integrity is revoked. If we adopted the view that an open sinner cannot be a guardian, an imam, a witness, or a judge, the situation would become very difficult, because it is rare, rare, and rare for anyone to be free from backbiting. Even the committed, when they sit in their gatherings, may backbite. And unfortunately, the committed may be incited to backbite those who backbite more severely and greatly. These committed people may be incited to backbite scholars, to backbite preachers, to backbite rulers, to backbite the sultan, and to backbite these and other rulers, even if their authority is small, such as a school principal, which is greater than backbiting ordinary people. This is clarified by the fact that if we backbite 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 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 rulers, among scholars and princes, is greater than backbiting ordinary people, because if backbiting 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 fall under 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 was 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. 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 as we said, a minor sin...
The Shaykh : It is the custom, O Abd al-Rahman, in this gathering that there is only one question.
The questioner : The question is just this...
The Shaykh : The addition, we have not answered it.
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 : No, if...
The Shaykh : Committing a major sin, even once, 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 in a way that does not distance him from the norm.