An imam whose open sinfulness is apparent, whether he shaves his beard or smokes, and he is good at leading the prayer, and there is another imam who is not an open sinner but he moves a lot in his prayer
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The questioner : There is an imam whose open sinfulness is apparent, whether he shaves his beard or smokes, and he completes the prayer as it should be. And there is an imam who has nothing of the doubtful matters upon him, but in the prayer he... and he has movements. O Shaykh, which is better for a person to pray with?
The Shaykh : As for the opinion of those who say that the prayer of an open sinner as imam is not valid, we say: pray with the other one and advise him regarding the movements in the prayer, unless his movements are numerous and continuous such that they invalidate the prayer, in which case do not pray behind him. And as for the opinion of those who say that it is not a condition for the imamate that the imam be just, and this is the correct opinion, and it is the correct opinion that is established, especially in our time, we say: pray with the other one who perfects the prayer and masters it, even if he smokes. And if we said that justice is a condition for imams, I do not think that ten percent of them would have a valid imamate, because who is free from backbiting? And backbiting is among the major sins, and major sins are not forgiven except by repentance, is that not so?
The student: Yes.
The Shaykh : And who is free from negligence in performing the obligatory duties? You will find an imam who misses two or three days in the week, and by that he becomes sinful and an open sinner. So the important point is that the condition of justice is weak, especially in our time. And the scholars (may Allah have mercy on them) mentioned, among them Shaykh al-Islam, that if it becomes difficult to appoint a just person, even in the judiciary, then the one closest to justice among the open sinners is appointed, even if he is an open sinner. Did you understand? But I am asking you, O Salim?
The student: Yes.
The Shaykh : The question is from me to you: the smoker and the one who shaves his beard, which one is preferred, and they are equal in recitation?
The student: It appears, O Shaykh, that shaving the beard is the greater of the two matters, and if we look at the creed, it is with Allah, not with us.
The Shaykh : This creed is in the heart.
The student: Yes, indeed.
The Shaykh : Very well.
The student: The one who shaved his beard, his chin, this is something apparent.
The Shaykh : No, he did not shave his chin! He shaved his beard.
The student: Yes, indeed.
The Shaykh : There is a difference between them. The chin is just the junction of the two beards.
The student: The beard, O Shaykh, is greater...
The Shaykh : The important thing is, which one do you prefer?
The student: I prefer the smoker because it is not apparent to everyone, and this is apparent to everyone.
The Shaykh : How is it not apparent... and he is leading the prayer.
The student: Heh, this is ignorant, O Shaykh.
The Shaykh : Ignorant, yes, ignorant, but...
The student : Hehehe.
The student: By Allah, I see, O Shaykh... because it is apparent to everyone...
The Shaykh : Meaning the beard, meaning you prefer the smoker over the one who shaves his beard. Well done, if Allah wills, you hit the mark. Because as you said, the one who shaves his beard, and may Allah protect us, says to the people by his action and by the language of his state, he says to the people: Bear witness that I am contrary to the guidance of the messengers and in agreement with the guidance of the Magians, is that not so?
The student: Yes.
The Shaykh : It is apparent and clear to everyone. The smoker, perhaps he is shy and it does not harm him except a little. Then, the issue of smoking, even though it is bad, is not like contradicting the clear and explicit Sunnah. Yes, Adam?
The Shaykh : As for the opinion of those who say that the prayer of an open sinner as imam is not valid, we say: pray with the other one and advise him regarding the movements in the prayer, unless his movements are numerous and continuous such that they invalidate the prayer, in which case do not pray behind him. And as for the opinion of those who say that it is not a condition for the imamate that the imam be just, and this is the correct opinion, and it is the correct opinion that is established, especially in our time, we say: pray with the other one who perfects the prayer and masters it, even if he smokes. And if we said that justice is a condition for imams, I do not think that ten percent of them would have a valid imamate, because who is free from backbiting? And backbiting is among the major sins, and major sins are not forgiven except by repentance, is that not so?
The student: Yes.
The Shaykh : And who is free from negligence in performing the obligatory duties? You will find an imam who misses two or three days in the week, and by that he becomes sinful and an open sinner. So the important point is that the condition of justice is weak, especially in our time. And the scholars (may Allah have mercy on them) mentioned, among them Shaykh al-Islam, that if it becomes difficult to appoint a just person, even in the judiciary, then the one closest to justice among the open sinners is appointed, even if he is an open sinner. Did you understand? But I am asking you, O Salim?
The student: Yes.
The Shaykh : The question is from me to you: the smoker and the one who shaves his beard, which one is preferred, and they are equal in recitation?
The student: It appears, O Shaykh, that shaving the beard is the greater of the two matters, and if we look at the creed, it is with Allah, not with us.
The Shaykh : This creed is in the heart.
The student: Yes, indeed.
The Shaykh : Very well.
The student: The one who shaved his beard, his chin, this is something apparent.
The Shaykh : No, he did not shave his chin! He shaved his beard.
The student: Yes, indeed.
The Shaykh : There is a difference between them. The chin is just the junction of the two beards.
The student: The beard, O Shaykh, is greater...
The Shaykh : The important thing is, which one do you prefer?
The student: I prefer the smoker because it is not apparent to everyone, and this is apparent to everyone.
The Shaykh : How is it not apparent... and he is leading the prayer.
The student: Heh, this is ignorant, O Shaykh.
The Shaykh : Ignorant, yes, ignorant, but...
The student : Hehehe.
The student: By Allah, I see, O Shaykh... because it is apparent to everyone...
The Shaykh : Meaning the beard, meaning you prefer the smoker over the one who shaves his beard. Well done, if Allah wills, you hit the mark. Because as you said, the one who shaves his beard, and may Allah protect us, says to the people by his action and by the language of his state, he says to the people: Bear witness that I am contrary to the guidance of the messengers and in agreement with the guidance of the Magians, is that not so?
The student: Yes.
The Shaykh : It is apparent and clear to everyone. The smoker, perhaps he is shy and it does not harm him except a little. Then, the issue of smoking, even though it is bad, is not like contradicting the clear and explicit Sunnah. Yes, Adam?
