Benefits of the Hadith: “Beware of the cursed ones: the one who relieves himself in the path of people or in their shade.”
Machine translationRead the Arabic original
The Shaykh : In this hadith, there are benefits:
Among them is: the prohibition of relieving oneself in the path and the prohibition of relieving oneself in the shade. The reason for the prohibition is apparent, which is that the Prophet (peace and blessings be upon him) made it a cause for being cursed.
And among the benefits of the hadith is: that the one who causes a sin is like the one who commits it directly. The one who causes a sin is like the one who commits it directly, because we know that the one who curses is not the one who relieved himself. From the one who curses?
The people who are harmed by this. Therefore, we say: the one who causes a sin is like the one who commits it directly. As for liability (guarantee), it differs with details among the jurists.
And among the benefits of this hadith is: the permissibility of cursing the one who does that. Because the Prophet (peace and blessings be upon him) informed about this, warning that the curse may fall upon the doer. And the curse cannot fall upon the doer unless the one who curses is in the right. As for if he is not in the right, the curse cannot fall upon the one cursed. Based on this, it is permissible for a person to curse the one who does that. But does he curse him specifically? Meaning: suppose a man sees this person relieving himself in the path or in the shade, does he curse him specifically?
What we see is that out of scrupulousness, one should not curse him specifically, but rather say: “O Allah, curse the one who does such and such.” Because it is known that cursing a specific person is forbidden, even if he is one of the most disbelieving of Allah’s servants. Even if you see a man prostrating to an idol, do not say: “O Allah, curse him.” This is not what I mean: relieving oneself in the shade of people or in their path is not more severe than worshipping an idol.
And among the benefits of this hadith is: the protection of the Islamic Shari'ah for its people from harm. Because the purpose of that is to warn people from harming the believers. The Messenger (peace and blessings be upon him) did not order us to beware of the cursed ones in order to know that he is cursed, but rather to warn against harming the believers. And Allah (Blessed and Exalted is He) said:[Al-Ahzab 33:58].
And among the benefits of this hadith is: if the path is wide and people use it from the middle or from the edges such that they cannot use the middle, then there is no harm in a person relieving himself on this side which people do not use. Because he said:, and he did not say: “the path in general.” So based on this, if the path is wide and a person needs to defecate or urinate in this path which feet do not tread, the apparent meaning of the hadith is that there is no harm in it. But this is conditional on not exposing his 'awrah (nakedness) in front of people.
And among the benefits of the hadith is: that relieving oneself in the shade is not forbidden absolutely, but rather in the shade which people intend to use. Because of his saying?
The student:.
The Shaykh : As for mere shade, it is not forbidden.
Some scholars (may Allah have mercy on them) made an exception, saying: “As long as they do not intend the shade to sit in it for backbiting people.” Meaning, if these people sit in the shade backbiting people, or drinking intoxicants, or committing a sin, and they resort to the shade for this purpose, he said: then there is no harm in relieving oneself in it, because that is a cause for them to stay away from it. But this exception is questionable, because if they are driven away from it, they will go and pollute another shade, meaning they will not stop. Then, if this relieving oneself happens in this shade which these people intend to use, perhaps other people who need it and do not commit sin in it will intend to use it. So this exception is questionable.
And the correct view is: if this shade is a refuge for those who commit sins in it, a person should sit in it. So when those who are accustomed to it for sins come, what does he do?
He forbids them. This is the solution. As for defecating or urinating in this place which the Prophet (peace and blessings be upon him) warned about, it is questionable.
Can we take from this a general rule: which is: the prohibition of harming Muslims with any type of harm?
Yes, we say: this hadith indicates the prohibition of harming Muslims with any type of harm, whether by speech, action, touch, or anything else.
Among them is: the prohibition of relieving oneself in the path and the prohibition of relieving oneself in the shade. The reason for the prohibition is apparent, which is that the Prophet (peace and blessings be upon him) made it a cause for being cursed.
And among the benefits of the hadith is: that the one who causes a sin is like the one who commits it directly. The one who causes a sin is like the one who commits it directly, because we know that the one who curses is not the one who relieved himself. From the one who curses?
The people who are harmed by this. Therefore, we say: the one who causes a sin is like the one who commits it directly. As for liability (guarantee), it differs with details among the jurists.
And among the benefits of this hadith is: the permissibility of cursing the one who does that. Because the Prophet (peace and blessings be upon him) informed about this, warning that the curse may fall upon the doer. And the curse cannot fall upon the doer unless the one who curses is in the right. As for if he is not in the right, the curse cannot fall upon the one cursed. Based on this, it is permissible for a person to curse the one who does that. But does he curse him specifically? Meaning: suppose a man sees this person relieving himself in the path or in the shade, does he curse him specifically?
What we see is that out of scrupulousness, one should not curse him specifically, but rather say: “O Allah, curse the one who does such and such.” Because it is known that cursing a specific person is forbidden, even if he is one of the most disbelieving of Allah’s servants. Even if you see a man prostrating to an idol, do not say: “O Allah, curse him.” This is not what I mean: relieving oneself in the shade of people or in their path is not more severe than worshipping an idol.
And among the benefits of this hadith is: the protection of the Islamic Shari'ah for its people from harm. Because the purpose of that is to warn people from harming the believers. The Messenger (peace and blessings be upon him) did not order us to beware of the cursed ones in order to know that he is cursed, but rather to warn against harming the believers. And Allah (Blessed and Exalted is He) said:
And those who harm believing men and believing women for [something] other than what they have earned have certainly born upon themselves a slander and manifest sin.
والذين يؤذون المؤمنين والمؤمنات بغير ما اكتسبوا فقد احتملوا بهتانا وإثما مبيناAnd among the benefits of this hadith is: if the path is wide and people use it from the middle or from the edges such that they cannot use the middle, then there is no harm in a person relieving himself on this side which people do not use. Because he said:
the path of people
طريق الناسAnd among the benefits of the hadith is: that relieving oneself in the shade is not forbidden absolutely, but rather in the shade which people intend to use. Because of his saying?
The student:
or their shade
أو ظلهمThe Shaykh :
or their shade
أو ظلهمSome scholars (may Allah have mercy on them) made an exception, saying: “As long as they do not intend the shade to sit in it for backbiting people.” Meaning, if these people sit in the shade backbiting people, or drinking intoxicants, or committing a sin, and they resort to the shade for this purpose, he said: then there is no harm in relieving oneself in it, because that is a cause for them to stay away from it. But this exception is questionable, because if they are driven away from it, they will go and pollute another shade, meaning they will not stop. Then, if this relieving oneself happens in this shade which these people intend to use, perhaps other people who need it and do not commit sin in it will intend to use it. So this exception is questionable.
And the correct view is: if this shade is a refuge for those who commit sins in it, a person should sit in it. So when those who are accustomed to it for sins come, what does he do?
He forbids them. This is the solution. As for defecating or urinating in this place which the Prophet (peace and blessings be upon him) warned about, it is questionable.
Can we take from this a general rule: which is: the prohibition of harming Muslims with any type of harm?
Yes, we say: this hadith indicates the prohibition of harming Muslims with any type of harm, whether by speech, action, touch, or anything else.