Explanation of the Book of Fitnahs and Rulings-07a
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The reciter: Abu al-Yaman narrated to us, Shu'ayb informed us, from al-Zuhri, who told me that Urwah said that Aisha (may Allah be pleased with her) said.
The Shaykh : Al-Bukhari (may Allah have mercy on him) stipulated that this applies when there is no fear of suspicion or accusation. If there is a fear of suspicion or accusation, meaning that people might think ill of him, then he is excused from not ruling. However, as I told you, he should refer the case to another judge and serve as a witness. His argument using the hadith of Hind, yes, the discussion of it will come, if Allah wills. He mentioned it with its chain of narration, yes.
The reciter: She said:.
The Shaykh : The author used this hadith as evidence that a judge rules based on his own knowledge when the matter is well-known. However, there is no evidence in it from two angles. The first angle is that the case of Hind falls under the category of seeking a fatwa, not the category of judicial ruling. The proof of this is that the Prophet (peace and blessings be upon him) did not ask her for evidence, nor did he summon the opposing party. If it had been a matter of judicial ruling, it would have been obligatory to summon the opposing party and request evidence from the claimant. So it is a matter of seeking a fatwa. Second, this is not a well-known matter, because this is among the hidden matters. Who among the people knows that Abu Sufyan does not provide for his family? So there is no evidence in it for what the author (may Allah have mercy on him) said. Some scholars used this hadith as evidence for another matter in the chapter of judicial rulings, which is ruling against an absent person. This also has no evidence, because the issue is not a judicial ruling or judgment. Therefore, he did not ask her for evidence, nor did he summon the opposing party. So the issue is a matter of seeking a fatwa. The chapter of seeking a fatwa is broader than the chapter of judicial ruling, because seeking a fatwa is information without compulsion, while judicial ruling is information with compulsion. Indeed, we add to this: a fatwa is testimony and information, and a judicial ruling is testimony, information, and compulsion. However, it is said that the cause for preventing a judge from ruling based on his own knowledge is the fear of manipulation of rulings and accusations, that judges who have no religion or trustworthiness might rule with a judgment they claim is the requirement of their knowledge. If the matter is well-known, as we exemplified in the previous lesson, then this cause is removed. And when the cause is removed, the effect is removed. Otherwise, the principle is that the judge only rules based on what he hears, as the Prophet (peace and blessings be upon him) said in the hadith of Hind:.
The Shaykh : Al-Bukhari (may Allah have mercy on him) stipulated that this applies when there is no fear of suspicion or accusation. If there is a fear of suspicion or accusation, meaning that people might think ill of him, then he is excused from not ruling. However, as I told you, he should refer the case to another judge and serve as a witness. His argument using the hadith of Hind, yes, the discussion of it will come, if Allah wills. He mentioned it with its chain of narration, yes.
The reciter: She said:
Hind bint Utbah ibn Rabi'ah came and said, "O Messenger of Allah, by Allah, there was no household on the face of the earth that I would have preferred to see humiliated more than the people of your tent, and there is no household on the face of the earth today that I would prefer to see honored more than the people of your tent." Then she said, "Abu Sufyan is a stingy man, so is there any blame on me if I feed my family from what belongs to him?" He said to her: "There is no blame on you if you feed them from what is lawful."
جاءت هند بنت عتبة بن ربيعة فقالت يا رسول الله والله ما كان على ظهر الأرض أهل خباء أحب إلي أن يذلوا من أهل خبائك وما أصبح اليوم على ظهر الأرض أهل خباء أحب إلي أن يعزوا من أهل خبائك ثم قالت إن أبا سفيان رجل مسيك فهل علي من حرج أن أطعم من الذي له عيالنا قال لها : لا حرج عليك أن تطعميهم من معروفThe Shaykh : The author used this hadith as evidence that a judge rules based on his own knowledge when the matter is well-known. However, there is no evidence in it from two angles. The first angle is that the case of Hind falls under the category of seeking a fatwa, not the category of judicial ruling. The proof of this is that the Prophet (peace and blessings be upon him) did not ask her for evidence, nor did he summon the opposing party. If it had been a matter of judicial ruling, it would have been obligatory to summon the opposing party and request evidence from the claimant. So it is a matter of seeking a fatwa. Second, this is not a well-known matter, because this is among the hidden matters. Who among the people knows that Abu Sufyan does not provide for his family? So there is no evidence in it for what the author (may Allah have mercy on him) said. Some scholars used this hadith as evidence for another matter in the chapter of judicial rulings, which is ruling against an absent person. This also has no evidence, because the issue is not a judicial ruling or judgment. Therefore, he did not ask her for evidence, nor did he summon the opposing party. So the issue is a matter of seeking a fatwa. The chapter of seeking a fatwa is broader than the chapter of judicial ruling, because seeking a fatwa is information without compulsion, while judicial ruling is information with compulsion. Indeed, we add to this: a fatwa is testimony and information, and a judicial ruling is testimony, information, and compulsion. However, it is said that the cause for preventing a judge from ruling based on his own knowledge is the fear of manipulation of rulings and accusations, that judges who have no religion or trustworthiness might rule with a judgment they claim is the requirement of their knowledge. If the matter is well-known, as we exemplified in the previous lesson, then this cause is removed. And when the cause is removed, the effect is removed. Otherwise, the principle is that the judge only rules based on what he hears, as the Prophet (peace and blessings be upon him) said in the hadith of Hind: