Reading a research paper on the places of drawing lots and the evidence for them mentioned by Ibn al-Qayyim (may Allah have mercy on him), with the Shaykh’s commentary on it.
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The student: In the name of Allah, the Most Gracious, the Most Merciful:
Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon His servant and messenger, the trustworthy Muhammad, and upon his family and all his Companions:
The Imam, the scholar Ibn al-Qayyim (may Allah have mercy on him) said:
The Shaykh : The ordering, this is what is good: “and upon his family and all his Companions”?!
“All of them” is an emphasis for “his Companions,” so it is placed next to it!
The student: Correct, O Shaykh. May Allah reward you with good.
The Imam, the scholar Ibn al-Qayyim (may Allah have mercy on him) said: “Chapter:
And among the means of judgment is ruling by drawing lots. Allah the Exalted said:[Ali 'Imran 3:44] ” .
The Shaykh : But this is one. Second?
The student: “And Allah the Exalted said:[As-Saffat 37:139-141] , He says, the Exalted: ” .
The Shaykh : That is enough, it does not need explanation. This is two. This is in the Qur’an. In the Sunnah?
The student: “And in the two Sahihs, from Abu Hurayrah (may Allah be pleased with him), he said: The Messenger of Allah (peace and blessings be upon him and his family) said:Muwatta Malik 3:3 ” .
The Shaykh : That is one.
The student: “And also in the two Sahihs, from Aisha (may Allah be pleased with her):Sunan al-Bayhaqi 10:2068 ” .
The Shaykh : This is two.
The student: “And in Sahih Muslim, from Imran ibn Husayn (may Allah be pleased with him):Sunan al-Bayhaqi 18:790 ” .
The Shaykh : These are three. Yes. Why was he not allowed to free them all?
Because it was at his death, and bequests at death are not executed except from one-third or less. Yes.
The student: Like this?
The Shaykh : Yes:Musannaf Ibn Abi Shaybah 12:2302 , yes?
The student: “And in Sahih al-Bukhari, from Abu Hurayrah (may Allah be pleased with him): ” .
The Shaykh : Wait, wait. These are four.
The student: “And in Sunan Abu Dawud, from the Prophet (peace and blessings be upon him and his family), he said: .
And in a narration by Ahmad:.
And in it also: ” .
The Shaykh : How many is this?
The student: Five.
“And in the two Sahihs, from Abdullah ibn Rafi, the freed slave of Umm Salama, from Umm Salama, she said: .
And Abu Dawud narrated it in the Sunan, and in it:, so this Sunnah, as you see, has come with drawing lots ” .
The Shaykh : How many is this? Six.
The student: Seven.
The Shaykh : No, six. No, no, with two, it is eight. The Sunnah?
The student: Six.
The Shaykh : Six, yes.
The student: Does the hadith not enter with them?
The Shaykh : What?
The student:Sahih al-Bukhari 2493 ?
The Shaykh : Yes.
The student: This is it.
The Shaykh : Yes, perhaps it is added to this, but this is in matters other than judgments. This is what you mention, for example, the striking by the Prophet (peace and blessings be upon him), meaning it is not in judgments. Yes, in any case, it does not contradict. In any case, you brought everything that has a share, everything that has it, go ahead.
Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon His servant and messenger, the trustworthy Muhammad, and upon his family and all his Companions:
The Imam, the scholar Ibn al-Qayyim (may Allah have mercy on him) said:
The Shaykh : The ordering, this is what is good: “and upon his family and all his Companions”?!
“All of them” is an emphasis for “his Companions,” so it is placed next to it!
The student: Correct, O Shaykh. May Allah reward you with good.
The Imam, the scholar Ibn al-Qayyim (may Allah have mercy on him) said: “Chapter:
And among the means of judgment is ruling by drawing lots. Allah the Exalted said:
And you were not with them when they cast their pens as to which of them should be responsible for Mary. Nor were you with them when they disputed.
وما كنت لديهم إذ يلقون أقلامهم أيهم يكفُل مريم وما كنت لديهم إذ يختصمونThe Shaykh : But this is one. Second?
The student: “And Allah the Exalted said:
(139) And indeed, Jonah was among the messengers. (140) [Mention] when he ran away to the laden ship. (141) And he drew lots and was among the losers.
وإنَّ يونس لمن المرسلين * إذ أبق إلى الفلك المشحون فساهم فكان من المدحضينThe Shaykh : That is enough, it does not need explanation. This is two. This is in the Qur’an. In the Sunnah?
The student: “And in the two Sahihs, from Abu Hurayrah (may Allah be pleased with him), he said: The Messenger of Allah (peace and blessings be upon him and his family) said:
If people knew what was in the adhan and the first row of the prayer and could only draw lots for it, they would draw lots.
لو يعلم الناس ما في النداء والصف الأول ثم لم يجدوا إلا أن يستهموا عليه لاستهمواThe Shaykh : That is one.
The student: “And also in the two Sahihs, from Aisha (may Allah be pleased with her):
That the Prophet (peace and blessings be upon him and his family), when he intended to travel, would draw lots among his wives, and whichever of them had her lot drawn, he would travel with her.
أن النبي صلى الله عليه وآله وسلم كان إذا أراد سفرًا أقرع بين أزواجه فأيتهن خرج سهمها خرج بها معهThe Shaykh : This is two.
The student: “And in Sahih Muslim, from Imran ibn Husayn (may Allah be pleased with him):
That a man freed six of his slaves at his death, and he had no wealth other than them, so the Messenger of Allah (peace and blessings be upon him) called them and divided them into thirds, then drew lots among them, so he freed two and enslaved four, and he said to him a severe saying.
أن رجلا أعتق ستة مملوكين له عند موته، لم يكن له مال غيرهم، فدعاهم رسول الله صلى الله عليه وسلم فجزأهم أثلاثاً ثم أقرع بينهم، فأعتق اثنين، وأرقَّ أربعة وقال له قولا شديداThe Shaykh : These are three. Yes. Why was he not allowed to free them all?
Because it was at his death, and bequests at death are not executed except from one-third or less. Yes.
The student:
And he said a severe saying.
وقال قولا شديداThe Shaykh : Yes:
He said to him a severe saying.
قال فيه قولا شديداThe student: “And in Sahih al-Bukhari, from Abu Hurayrah (may Allah be pleased with him):
That the Messenger of Allah (peace and blessings be upon him and his family) offered to a group the oath, so they hastened to it, so he ordered that they draw lots among themselves regarding the oath, [asking] which of them would swear.
أن رسول الله صلى الله عليه وآله وسلم عرض على قوم اليمين، فسارعوا إليه، فأمر أن يسهم بينهم في اليمين أيهم يحلفThe Shaykh : Wait, wait. These are four.
The student: “And in Sunan Abu Dawud, from the Prophet (peace and blessings be upon him and his family), he said:
If two are compelled regarding the oath or prefer it, let them draw lots for it.
إذا أُكره اثنان عن اليمين أو استحباها فليستهما عليهاAnd in a narration by Ahmad:
If two are compelled regarding the oath or prefer it.
إذا أكره اثنان عن اليمين أو استحباهاAnd in it also:
That two men disputed over property before the Prophet (peace and blessings be upon him and his family), and neither of them had proof, so he said: Draw lots for the oath, whether you like it or dislike it.
أن رجلين اختصما في متاع إلى النبي صلى الله عليه وآله وسلم وليس لواحد منهما بينة فقال: استهما على اليمين ما كان أحبا ذلك أو كرهاThe Shaykh : How many is this?
The student: Five.
“And in the two Sahihs, from Abdullah ibn Rafi, the freed slave of Umm Salama, from Umm Salama, she said:
Two men came to the Messenger of Allah (peace and blessings be upon him) to dispute over their inheritance, and they had no evidence other than their own claims. He said: "I am only a human being, and you are disputing before me. Perhaps one of you may present his case more eloquently than the other, so I may rule in his favor based on what I hear. Therefore, if I rule in favor of one of you regarding the right of his brother, he should not take anything from him, for I am only cutting out a piece of the Fire for him."
أتى رسولَ الله صلى الله عليه وآله وسلم رجلان يختصمان في مواريث لهما، لم يكن لهما بينة إلا دعواهما، فقال: إنما أنا بشر وإنكم تختصمون إليّ، ولعل بعضكم أن يكون ألحن بحجته من بعض فأقضي له على نحو مما أسمع، فمن قضيت له من حق أخيه بشيء فلا يأخذ منه شيئا، فإنما أقطع له قطعة من النارAnd Abu Dawud narrated it in the Sunan, and in it:
The two men wept, and each of them said, "My right is yours." The Prophet (peace and blessings be upon him) said to them: "Since you have done what you have done, divide it between you and seek the truth, then draw lots, then exchange oaths."
فبكى الرجلان وقال كل واحد منهما حقي لك ، فقال لهم النبي صلى الله عليه وآله وسلم : أما إذا فعلتما ما فعلتما فاقتسما وتوخيا الحق ثم استهما ثم تحالاThe Shaykh : How many is this? Six.
The student: Seven.
The Shaykh : No, six. No, no, with two, it is eight. The Sunnah?
The student: Six.
The Shaykh : Six, yes.
The student: Does the hadith not enter with them?
The Shaykh : What?
The student:
The example of the person abiding by Allah's order
مثل القائم على حدود اللهThe Shaykh : Yes.
The student: This is it.
The Shaykh : Yes, perhaps it is added to this, but this is in matters other than judgments. This is what you mention, for example, the striking by the Prophet (peace and blessings be upon him), meaning it is not in judgments. Yes, in any case, it does not contradict. In any case, you brought everything that has a share, everything that has it, go ahead.