Explanation of the Book of Fitnahs and Rulings-09a
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The reciter: Muhammad ibn Kathir narrated to us, Sufyan informed us, from Hisham, from his father, from Aisha (may Allah be pleased with her) that Hind said to the Prophet (peace and blessings be upon him): .
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The chapter on judgment against the absent person, meaning: is judgment passed against the absent person or not? The absent person is of two types: one who is far away and one who is in the city. As for the first, judgment is passed against him if the right is established against him. As for the second, he is compelled to appear to defend himself if he has a defense. As for the first, we said that judgment is passed against him so that the right of the claimant is not lost. However, in this case, the item claimed is not delivered unless there is a guarantor present, so that the right of the absent person is not lost in case it is established that the right belongs to him. Then the author cited the hadith of Aisha (may Allah be pleased with her) regarding the story of Hind. It has been mentioned to us previously that this is not from the chapter on judgment, but rather from the chapter on seeking a ruling. The evidence for this is that the Prophet (peace and blessings be upon him) did not say to Hind, "Do you have evidence?" If it had been from the chapter on judgment, he would have asked her for evidence, based on his saying (peace and blessings be upon him):Bulugh al-Maram 1423 The benefits of the hadith have been mentioned previously.
"Abu Sufyan is a stingy man, so I need to take from his wealth." He said (peace and blessings be upon him): "Take what suffices you and your children in a proper manner."
إن أبا سفيان رجل شحيح فأحتاج أن آخذ من ماله ، قال صلى الله عليه وسلم : خذي ما يكفيك وولدك بالمعروفThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The chapter on judgment against the absent person, meaning: is judgment passed against the absent person or not? The absent person is of two types: one who is far away and one who is in the city. As for the first, judgment is passed against him if the right is established against him. As for the second, he is compelled to appear to defend himself if he has a defense. As for the first, we said that judgment is passed against him so that the right of the claimant is not lost. However, in this case, the item claimed is not delivered unless there is a guarantor present, so that the right of the absent person is not lost in case it is established that the right belongs to him. Then the author cited the hadith of Aisha (may Allah be pleased with her) regarding the story of Hind. It has been mentioned to us previously that this is not from the chapter on judgment, but rather from the chapter on seeking a ruling. The evidence for this is that the Prophet (peace and blessings be upon him) did not say to Hind, "Do you have evidence?" If it had been from the chapter on judgment, he would have asked her for evidence, based on his saying (peace and blessings be upon him):