Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Continuing to mention the benefits of the hadith: (Aisha (may Allah be pleased with her) regarding the case of Barira . . . ).

Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions.
We have previously discussed this hadith and explained it, and its benefits remain. Among the benefits of this hadith is the permissibility of mukatabah. From where is this derived, Ya Fahd?
The student: ...

The Shaykh : This is the statement of one who is not infallible.
The student: ...

The Shaykh : From the Prophet’s (peace and blessings be upon him) approval of it for her. Now, is mukatabah permissible in the sense that it is equal on both sides, or is it a recommended practice, or is it obligatory? We say that as for the slave and his request for it from his master, it is permissible. As for the master, he is commanded to grant mukatabah to his slave if he requests it, on the condition that he knows there is good in him, due to the saying of the Exalted:
then make a contract with them if you know there is within them goodness فكاتبوهم إن علمتم فيهم خيرا
[An-Nur 24:33]
But is the command for obligation or for recommendation? There are two opinions among the scholars, and the default is obligation until evidence arises that it is for recommendation. The people of the Zahiri school held that it is for obligation, and many of the later contemporary scholars also held that it is for obligation. It is well known that the Lawgiver has a great inclination toward freeing slaves, so if this command is coupled with the Lawgiver’s inclination toward freeing slaves, then preferring the opinion of obligation has a basis.
Among the benefits of the hadith is also that mukatabah is permissible for a small amount or a large amount. Khalid?
The student: ...

The Shaykh : Huh?
The student: She was contracted for nine awaqi.

The Shaykh : Yes, and no specific limit was established by the Shari'ah, is that right?
The student: Yes.

The Shaykh : Very well.
And among the benefits of the hadith is the permissibility of borrowing with a deferred term, the permissibility of borrowing with a deferred term, meaning that it is permissible for a person to take a debt until a term. Fahd?
The student: ...

The Shaykh : Nine awaqi in every year, how many years is that?
The student: Nine years.

The Shaykh : Nine years.
Yes, and among the benefits of the hadith is the permissibility of the mukatab seeking help from others. Yes?
The student:
Help me فاعينيني
.

The Shaykh : This is the statement of one who is not infallible. I say this is the statement of one who is not infallible. Someone tells you, "I do not accept this argument or this evidence." Yes?
The student: The approval of the Prophet (peace and blessings be upon him).

The Shaykh : The approval of the Prophet? And did the Messenger (peace and blessings be upon him) know about it?
The student: ...

The Shaykh : We say yes, it appears that he knew about it, because she says:
The Messenger of Allah (ﷺ) was sitting ورسول الله صلّى الله عليه وسلّم جالس
Sunan Abi Dawud 3157Da'if (Al-Albani)
It appears that he knew about it. And even if he did not know, everything that occurred during the time of the Messenger (peace and blessings be upon him) is a proof, whether the Messenger knew about it or not, because if the Messenger did not know about it, then Allah?
The student: Knows it.

The Shaykh : Knows about it. Yes?

The questioner : ...

The Shaykh : Yes?

The questioner : Aisha informed him.

The Shaykh : So he knew about it. Now,
And among the benefits of the hadith is the permissibility of accelerating a deferred debt. From where is this derived, Ya 'Abdullah ...
The student: The hadith has not passed through me.

The Shaykh : Never?! The permissibility of accelerating a deferred debt. Yes, Ya Salman?
The student: ... Aisha (may Allah be pleased with her) ... nine awaqi.

The Shaykh : Did she pay it?
The student: Yes, when the Prophet (peace and blessings be upon him) said to her, "Take it," she took it and paid the price.

The Shaykh : Yes.
The student: Aisha said "If your family wishes, I will pay it for them"

The Shaykh : Now, "If your family wishes, I will pay it for them" is that right?
The student: Yes.

The Shaykh : Now, if a deferred debt is accelerated for its full amount, it appears that the issue is a matter of consensus that it is permissible for the debtor to accelerate the debt, but only for its amount. If he owes one hundred riyals deferred for a year, he accelerates it now for one hundred riyals, there is nothing wrong with that. But if he says, "I will accelerate it on the condition that some of your debt is waived, so I will accelerate the hundred for you on the condition that it becomes ninety," is this permissible? There is disagreement among the scholars. The well-known view in the Hanbali school is that it is not permissible, and the correct view is that it is permissible. Their reasoning is that this is an innovation, because reducing the amount for the sake of acceleration is like increasing the amount for the sake of deferral. Just as if you increased the wage and increased the amount, it would be riba, so if you reduced the term and reduced the amount, it would be riba. But the correct view is the opposite, because it was narrated from the Prophet (peace and blessings be upon him) that he said:
Reduce and expedite ضعوا وتعجّلوا
Also, the difference between them is apparent, because an increase in exchange for deferral is riba, an increase on the debtor. But in the case of acceleration, did it increase on the debtor or decrease?
The student: Decrease.

The Shaykh : Decrease, so it is the opposite ... so there is a decrease on the debtor, and this is a benefit, and there is acceleration for the creditor, and this is also a benefit. So the correct view is the permissibility of accelerating the debt on the condition that some of it is waived, and there is nothing wrong with it; rather, it is a benefit for both parties.
And among the benefits of the hadith, and among the benefits of the hadith, is that transactions in the time of the Messenger (peace and blessings be upon him) were conducted by weight and count, due to her saying: "Nine awaqi" And Aisha said: "I will pay it for them" and it was so. So in the time of the Messenger (peace and blessings be upon him), people transacted with currency by count and by weight. Have you not seen the saying of the Messenger (peace and blessings be upon him)
No Sadaqah is due on less than five Awaq. ليس فيما دون خمس أواق صدقة
Sunan an-Nasa'i 2486Sahih (Darussalam)
Here he considered?
The student: Weight.

The Shaykh : Weight, and he said:
In silver, for two hundred dirhams, it is one-tenth of a quarter. If it is only one hundred and ninety dirhams, there is no charity in it unless its owner wishes to give. في الرّقة في مائتي درهم ربع العشر فإن لم يكن إلاّ تسعون ومائة فليس فيها صدقة إلاّ أن يشاء ربّها
Here regarding the count. And it was so. So if it is known that the number of two hundred is five awaqi, then whether you say you bought it for five awaqi or you bought it for, here? For two hundred dirhams, there is no difference.
Among the benefits of the hadith is also the use of the term "family" (ahl) for the master.
The student: "If your family wishes"

The Shaykh : Here? Due to her saying: "If your family wishes" And the family of a man are his private ones, those he considers family and who gather with him. For this reason, the Shari'ah permitted the female owner not to veil herself from her slave if she is safe from fitnah. It is permissible for the owner to uncover her face, her hands, and her feet for the slave, even though he is not a mahram, for what reason? For the reason that he is her family, and there is a need for it, and that guarding against it is difficult.
Now, among the benefits of the hadith is that wala' (clientage) is established by manumission. Yasser?
The student: ...

The Shaykh : And wala' ... so it is well known that wala' is?
The student: ...

The Shaykh : For the manumitter, or is established by manumission. Now, have we previously mentioned the meaning?
The student: Wala'.

The Shaykh : And that the right of inheritance as a residuary heir is established for the manumitter and the residuary heirs by themselves.
And among the benefits of the hadith is the permissibility of making contracts conditional on consultation. The permissibility of making contracts conditional on consultation.
The student: ... Barira.

The Shaykh : Name?
The student: His saying: "So Barira went to her family".

The Shaykh : She went, there is nothing in that.
The student: "If your family wishes"

The Shaykh :"If your family wishes, I will pay it for them".
The student: "So she informed the Prophet"

The Shaykh : Yes
The student: "So she informed the Prophet"

The Shaykh :"So she informed the Prophet" And on this basis, it is permissible to make a contract conditional, so I say, "I sold it to you if Zayd is pleased," or "if my partner is pleased," or "if your father is pleased," or "if my father is pleased." And this opinion is the correct one, contrary to the well-known view of the school, where they said that it is not permissible to make a sale conditional. The correct view is that it is permissible and there is no obstacle to it. And this which he mentioned is a condition: "If they wish, I will pay it for them".
Now, among the benefits of the hadith is that it is permissible to conclude a contract by what it indicates. A contract is concluded by what it indicates, because she said: "If they wish, I will pay it for them" and she did not say "I will buy you," but she said "I will pay it for them." And this is the correct view: that contracts are concluded by what?
The student: Indicates them.

The Shaykh : By what indicates them: sale, lease, loan, endowment, pledge, everything. And does this include marriage?
The student: Yes.

The Shaykh : The correct view, yes, it includes marriage. And if a man says to a person, "I have married you to my daughter" or "I have given you my daughter in marriage," and he says, "I accept," the marriage is concluded. It is not a condition that he says "I have given you in marriage" or "I have married you," because when something comes in the Shari'ah in a general form, it is referred back to?
The student: Custom.

The Shaykh : Custom, "And everything that came and was not specified *** In the Shari'ah, like a safe, is specified by custom".
Yes, now, among the benefits of the hadith is that the Messenger (peace and blessings be upon him) does not know the unseen, because he did not know what happened. In some narrations, he asked, and Aisha informed the Prophet (peace and blessings be upon him) about it. And it is so, he does not know the unseen, he does not know the unseen. For this reason, there are many proofs, the first of which is what came explicitly in the Noble Qur'an, where Allah commanded him to say:
I do not tell you that I have the depositories [containing the provision] of Allah or that I know the unseen, nor do I tell you that I am an angel قل لا أقول لكم عندي خزائن الله ولا أعلم الغيب ولا أقول لكم إنّي ملك
[Al-An'am 6:50]
And the Exalted said:
Say, "I hold not for myself [the power of] benefit or harm, except what Allah has willed. And if I knew the unseen, I could have acquired much wealth, and no harm would have touched me. قل لا أملك لنفسي نفعا ولا ضرّا إلاّ ما شاء الله ولو كنت أعلم الغيب لاستكثرت من الخير وما مسّني السوء
[Al-A'raf 7:188]
So whoever claims that the Messenger (peace and blessings be upon him) knows the unseen has lied to the Messenger (peace and blessings be upon him) and lied to Allah. And they began by lying to the Messenger because they claimed that if they claimed he knows the unseen, this would be an exaltation and reverence for him. So we say to them, this is not an exaltation of him or reverence for him to lie to him in what he declared publicly:
I do not tell you that I have the depositories [containing the provision] of Allah or that I know the unseen قل لا أقول لكم عندي خزائن الله ولا أعلم الغيب
[Al-An'am 6:50]

If someone says, "Did he not inform us of matters that then occurred as he informed?" The answer is yes, they occurred, but was it from his own knowledge?
The student: No.

The Shaykh : No, it is from Allah. Had Allah not informed him of it, he would not have known it. Thus, his reporting of the unseen matters of the future is not from knowledge of the unseen as one of his own attributes, but rather from what Allah the Mighty and Majestic taught him.
And among the benefits of this hadith is that the Messenger of Allah (peace and blessings be upon him) was with his family, and he was in their occupation, as she said: "and the Messenger of Allah (peace and blessings be upon him) was sitting". What is known of his Sunnah is that
He was in the service of his family, milking the sheep for them (peace and blessings be upon him), mending his sandals, patching his garment, and living with his family. كان في مهنة أهله يحلب الشّاة عليه الصّلاة والسّلام، ويخسف نعله، ويرقع ثوبه، ويعاشر أهله
Yes, his life with them was a simple life, not complicated, and you find a person to be at his best and kindest. And likewise, the better you are to your family, the more certain you are that you will enter [your home] pleased and leave pleased. As for a person who treats his family badly, he will enter sad and leave sad, and he will walk in the market sad as well, because if someone meets him and greets him while he is distressed by his family, he will barely see the road. Yes, and what will be the result? He will not give them a pleasant face; he will never give them a pleasant face. Yes, and he will remain resentful of what happened to him or what happened from him with his family. So, the better you are in your family, the more certain you are that you are better in your entire community.
Now, and among the benefits of the hadith is that it is permissible for a woman to dispose of her wealth without her husband's permission. From where is this derived?
The student: ...

The Shaykh : Huh?
The student: ...

The Shaykh : From the fact that Aisha disposed of [her wealth], she disposed of it without seeking the permission of the Messenger of Allah (peace and blessings be upon him), and he was [present]. But does she have the right to dispose of the wealth he bought for her to adorn herself with for him? I mean, if he gave her jewelry to adorn herself with for him, does she have the right to sell it?
The student: There is a distinction.

The Shaykh : What is the detail?
The student: ...

The Shaykh : Yes, what is the detail?
The student: If he stipulated that she not...

The Shaykh : No, he did not stipulate. Is it permissible?
The student: No.

The Shaykh : As for Ghannam, he says if he gave permission, and the second says if he was pleased. This is if he was pleased; if she sells her clothes, there is nothing wrong with it. The discussion is about if he did not give permission and did not prohibit it; he did not say "do not sell" and he did not say "sell." Does she have the right to sell?
The student: ...

The Shaykh : What appears is that she does not have the right to sell if we know that he bought it for this purpose, because this defeats his objective, or burdens him with buying it for her a second time. For example, he gave her jewelry for the ear, head, neck, hand, and foot, and then she sold all of it in one go. When night came, he found she had nothing. Where is it? I have nothing; I sold it because it is my property. He likes her to adorn herself for him and considers this a source of joy and intimacy. What does he do in this situation? He is forced to enter her presence sad and leave sad, or?
The student: ...

The Shaykh : Huh?
The student: He takes the price...

The Shaykh : Yes, or he buys it for her a second time... And if... I say the apparent view is that if he bought something for her that relates to his objective, she does not have the right to sell it. But does she have the right to exchange it? We say if she exchanges it for something that does not disgust him, then is this?
The student: Permissible.

The Shaykh : Permissible. But if she exchanges it for something that disgusts him, it is not permissible. Suppose a man does not want old-style jewelry; he does not want old-style jewelry and bought her new, contemporary jewelry, but she exchanged it for old-style jewelry used in the past. Does she have the right to do that?
The student: No.

The Shaykh : No, she does not have that right. So it is now clear that a woman's disposal of [her wealth] without her husband's permission is permissible; this is the original ruling, except for jewelry he bought for her to adorn herself with for him. She does not have the right to what?
The student: ...

The Shaykh : To sell it. Yes, or to dispose of it by exchanging it for something he does not desire.
Yes, and among the benefits of the hadith, yes, among the benefits of the hadith is the permissibility of stipulating a forbidden condition to achieve its invalidity, as he said:
Take her and stipulate that the wala' is yours خذيها واشترطي لهم الولاء
Muwatta Malik 38:18
. The most correct view for me, or the best view for me in this, is that the permission of the Messenger (may Allah's prayer and peace be upon him) for her to do so is from the perspective of invalidating the condition, from the perspective of invalidating the defective condition, even if it was realized in the stipulation. And it is known that realizing a thing in its occurrence is more emphatic than realizing it by speech. Therefore, the Messenger (may Allah's prayer and peace be upon him) said, as mentioned to us previously:
Narrated Abu Sa’id Al Khudri: Some of the Companions of Prophet (ﷺ) went on a journey. They encamped with a clan of the Arabs and sought hospitality from them, but they refused to provide them with any hospitality. The chief of the clan was stung by a scorpion or bitten by a snake. They gave him all sorts of treatment, but nothing gave him relied. One of them said: Would that you had gone to those people who encamped with you ; some of them might have something which could give you relief to your companion. (So they went and) one of them said: Our chief has been stung by a scorpion or bitten by a snake. We administered all sorts of medicine but nothing gave him relief. Has any of you anything, i.e. charm, which gives healing to our companion. One of those people said: I shall apply charm; we sought hospitality from you, but you refused to entertain us. I am not going to apply charm until you give me some wages. So they offered them a number of sheep. He then came to and recited Faithat-al-Kitab and spat until he was cured as if he were set free from a bond. Thereafter they made payment of the wages as agreed by them. They said: Apportion (the wages). The man who applied the charm said: Do not do until we come to the Messenger of Allah (ﷺ) and consult him. So they came to the Messenger of Allah (ﷺ) next morning and mentioned it to him. The Messenger of Allah (ﷺ) said: From where did you learn that it was a charm ? You have done right. Give me a share along with you. خذوا واضربوا لي معكم بسهم
Sunan Abi Dawud 3418Sahih (Al-Albani)
to realize the permissibility. May Allah's prayer and peace be upon him. So here he said:
Take them and stipulate for them the transfer of loyalty. خذيها واشترطي لهم الوفاء
in order to return once again and say that this condition is invalid and it is not permissible to fulfill it. And this is better than the two views we referred to in the explanation of the hadith.
Now, and among the benefits of the hadith is that a command may depart from its original meaning, which is obligation or recommendation, to another meaning derived from the contextual or verbal indication. Here?
Take them. خذيها
This is a command, but it is not a command of obligation or recommendation, but rather a command of permissibility, meaning you may take them and stipulate for them?
The student: Loyalty.

The Shaykh : Loyalty. Now, and what takes a command out of its original meaning are the contextual or verbal indications.
Now, and among the benefits of the hadith is that loyalty belongs to the one who frees [a slave], as he said:
as the Wala is for the one who manumits. فإنّما الولاء لمن أعتق
Sahih al-Bukhari 6759
. And this phrase implies restriction, as mentioned previously in the explanation.
And among the benefits of the hadith is that a verbal condition does not change the legal condition, as he said:
stipulate that the wala' is yours, for the wala' is for the one who sets free اشترطي لهم الولاء فإنما الولاء لمن أعتق
Muwatta Malik 38:18
. So even if they stipulated a verbal condition, that does not change the legal condition by transferring the loyalty from the one who freed [the slave] to another. Now, does a customary condition change the legal condition? Here?
The student: No.

The Shaykh : No, it does not change it. So if people become accustomed to a contract that is forbidden by the Shari'ah, this custom does not make that legal matter permissible. Not everyone is measured by this, because some people now, if you forbid them a forbidden thing, they say to you, "everyone is doing this," even in acts of worship sometimes they say, "everyone is doing this." Now, we say the verbal or customary condition does not change the condition?
The student: Legal.

The Shaykh : Legal.
Now, and among the benefits of the hadith is that it is recommended for the scholar to preach to people about incidental matters to clarify the truth, as she (may Allah be pleased with her) said:
stood up among the people and after glorifying Allah ثمّ قام في الناس فحمد الله وأثنى عليه
Sahih al-Bukhari 2434
and so on. And likewise, the Messenger of Allah (peace and blessings be upon him) used to preach, and his sermons were of two types: regular sermons and incidental sermons. The regular ones are like the Friday sermon, the two festivals, and the prayer for rain. The incidental ones are like this sermon; whenever the need called for a sermon, he would preach. The scholars differed on whether the sermon of the eclipse prayer is from the incidental sermons or from the regular sermons? And the reason for their difference in that is that the eclipse did not occur except once in the time of the Messenger (may Allah's prayer and peace be upon him), so we do not know if this sermon was incidental to remove the defective belief that the people of the pre-Islamic age of ignorance held, or if it is a regular sermon to combine for people the cosmic admonition and the legal admonition. The cosmic admonition is by what? By the eclipse, and the legal one is by the admonishing words he mentions.
Now, among its benefits, also among the benefits of the hadith is that the Shari'ah cares about transactions as it cares about acts of worship, or in other words, the care of the Lawgiver for what relates to transactions is like his care for what relates to acts of worship. What is the indication? That the Messenger (may Allah's prayer and peace be upon him) stood as a preacher, meaning he did not make the matter between him and the people of Barirah; he did not speak to them and say, "Look, this condition is not suitable." He stood as a preacher to announce to people (may Allah's prayer and peace be upon him) this legal ruling, so it becomes clear that the Shari'ah, and praise be to Allah, has care for transactions as it has care for what?
The student: Acts of worship.

The Shaykh : Acts of worship.
And among them is refuting the statement of one who says that the Shari'ah is [only] worship, while transactions are custom, because there are people among them who say that transactions are not regulated by the Shari'ah, and all the commands coming in transactions are commands of guidance that vary with time and place. Perhaps he guided to a specific thing or a specific type of transaction at this time, and the guidance at another time is to what?
The student: Another type.

The Shaykh : Another type. But a hadith like this refutes this statement; it refutes it. And this statement is refuted from more than twenty perspectives indicated by the Book and the Sunnah, which is that the Shari'ah did not regulate the transaction between a person and his Lord, which is worship, but rather it regulated the transaction between a person and his Lord, and between a person and another person, and even between a person and an animal, between a person and an animal, and even between animals themselves. Even for animals, the Lawgiver set limits. If you saw a large, horned ram butting a weak sheep, yes... with force, and butting it, yes, and it is screaming. Does the Shari'ah make you watch this?
The student: ...

The Shaykh : No, He commands you to distinguish between them, as the Messenger said:
the hornless sheep would get its claim from the horned sheep يقتصّ للشاة الجلحاء من الشّاة القرناء
Jami` at-Tirmidhi 2420Sahih (Darussalam)
The Lawgiver has organized the dealings between humans, and the dealings between humans and animals. The Prophet (peace and blessings be upon him) said:
A woman was tortured and was put in Hell because of a cat which she had kept locked till it died of hunger دخلت النار امرأة في هرّة حبستها حتى ماتت جوعا
Sahih al-Bukhari 2365
And he informed that a prostitute who gave water to a dog was forgiven by Allah. Look at this extent; how can we say that the religion, or the Shari'ah, did not organize only the dealings between the Creator and the created, which is worship? But whoever Allah has blinded the heart of, the opening of the eye does not benefit him. We ask Allah for well-being.
Now, among the benefits of this hadith is that it is prescribed to begin the sermon with praising Allah and extolling Him, based on her saying (may Allah be pleased with her): "So she praised Allah and extolled Him" And thus, the preacher should praise Allah and extol Him.
If someone asks, "What is the relevance?" We say the relevance is that this position, I mean the position of the sermon and admonition, is a great position that is not attained except by one whom Allah has granted knowledge, wisdom, decisiveness, and zeal. Is that not so? Because the one who is not a scholar does not speak, the ignorant one does not speak, and the one who is not wise also misses the opportunity and does not speak. Likewise, the one who is not decisive misses the opportunity. Then, the occasion is also a great occasion in which the person stands in the position of whom?
The student: ...

The Shaykh : The position of the Messengers (peace and blessings be upon them). Therefore, it is relevant to praise Allah and extol Him for making him one of the people of these high positions. Is that clear? Then, in praising Allah and extolling Him and mentioning His perfect attributes, there is stimulation for the soul and illumination for the heart. And with this, Allah (Glorified and Exalted is He) opens for the person what He does not open with turning away. Is that clear? So, for this reason, the Messenger praised Allah and extolled Him.
Now, what is the difference between praise (hamd) and extolling (thana'), O 'Abd al-Rahman ibn Dawud?
The student: The difference between praise and extolling?

The Shaykh : Yes.
The student: Praise is that you praise Allah (Glorified and Exalted is He) with His attributes.

The Shaykh : And extolling?
The student: It is that you extol Him.

The Shaykh : Praise is that you praise Allah, and extolling?
The student: That you extol Him.

The Shaykh : That you extol Him.
The student: Praise is mentioning Allah (Glorified and Exalted is He) with His attributes.

The Shaykh : Now, and extolling?
The student: ...

The Shaykh : Very well.
The student: As for praise (madh)...

The Shaykh : Wrong, Khalid?
The student: Praise is describing the one praised with attributes of perfection along with love and magnification.

The Shaykh : Yes.
The student: And extolling is repeating the praise.

The Shaykh : Correct, is that clear? Repeating these praiseworthy attributes. If you mention the one praised with love and magnification with praiseworthy attributes, this is praise. If you repeat it?
The student: Extolling.

The Shaykh : Extolling. The evidence is the hadith of Abu Hurayrah, where Allah the Exalted said:
He divided the prayer between Me and My servant, half for Me and half for him. When he says, "All praise is due to Allah, Lord of the worlds," Allah says, "My servant has praised Me." And when he says, "Allah, the Most Merciful, the Bestower of Mercy," Allah says, "My servant has given Me thanks." قسمت الصّلاة بيني وبين عبدي نصفين فإذا قال الحمد لله ربّ العالمين، قال الله: حمدني عبدي، وإذا قال: الله الرحمن الرحيم، قال الله: أثنى عليّ عبدي
Because he mentioned... in the description. Now.
The student: There is a difference.

The Shaykh : What is it?
The student: ...

The Shaykh : No, this is the difference between praise (hamd) and commendation (madh).
The student: Yes, indeed...

The Shaykh : The difference between praise and extolling.
The student: ...

The Shaykh : Yes, yes, okay
And among the benefits of the hadith is that the preacher should be standing, even in other than the Friday sermon.
The student: ...

The Shaykh : Huh?
The student:
Then he stood up ثم قام


The Shaykh :
Then he stood up and delivered a sermon. ثمّ قام فخطب
Then he stood up as a preacher. ثمّ قام خطيبا
Do you have it?
The student: Yes, indeed.

The Shaykh : Yes, among the benefits of the hadith is also the use of "As for after" (amma ba'd) in the sermon. The use of "As for after" in the sermon, based on the saying of the Messenger (peace and blessings be upon him): "As for after, as for after." And is it the "conclusion of speech" that was granted to Dawud, as it is said? No, the "conclusion of speech" that was granted to Dawud is that he distinguishes between people and judges between them.
Now, is this "As for after" brought after every sentence, or after every line, or at the end of every page, or what? It is said that it is brought to transition from one style to another, and this opinion... is not in accordance with reality. Rather, "As for after" is brought to transition to the topic of the sermon, to the topic, after the preacher has presented the praise and extolling, then he transitions to the topic and brings the word "As for after."
And among the benefits of the hadith is the good guidance of the Messenger (peace and blessings be upon him) and his warning against explicitly naming the people, based on his saying:
What is the matter with men فما بال رجال
:
What is the matter with men فما بال رجال
Because the intention is not this specific person; the intention is to mention the ruling of this issue, and whether we know the person or not, the person does not matter in most cases; it is not that much depends on knowing his identity. But perhaps we need... but what is... So, what is the intention here?
The student: The ruling.

The Shaykh : The ruling. And for this reason, he said
What is the matter with men فما بال رجال
.
The student: Questions.

The Shaykh : Are there any questions? As long as we are taking the benefits, now, what about the men? Now.
Among the benefits of the hadith is that conditions outside the Book of Allah are not accepted, rather they are rejected and refused, based on his saying:
who impose conditions which are not present in Allah's Book (Laws)? يشترطون شروطا ليست في كتاب الله؟
Sahih al-Bukhari 456
The interrogation here is for denial, as mentioned before. That is, why do they impose conditions that are not in the Book of Allah? Is not the person a slave of Allah? The slave does not exceed what his Master has directed him to. So, we must not impose conditions that are not in the Book of Allah. And the meaning of his saying:
which are not present in Allah's Book ليست في كتاب الله
Sahih al-Bukhari 456
has been mentioned before, and that it is not necessary that every condition be explicitly stated, but rather the meaning is that everything that contradicts the Book of Allah is not in the Book of Allah, and everything that agrees with it is in it, and it is from it, based on His saying the Exalted:
O you who have believed, fulfill [all] contracts. يا أيّها الذين آمنوا أوفوا بالعقود
[Al-Ma'idah 5:1]
.
Now, among the benefits of the hadith is also the obligation of returning to the Book of Allah, the obligation of returning to the Book of Allah, based on his saying:
which are not present in Allah's Book ليست في كتاب الله
Sahih al-Bukhari 456

If someone asks, "And what about the Sunnah?" The answer is that the Sunnah is from the Book of Allah, without doubt. Because the Sunnah, as passed to us regarding the Qur'an, is how many?
The student: Four.

The Shaykh : Four categories?
The student: ...

The Shaykh : Either explanatory and clarifying the meaning, or?
The student: Agreeing.

The Shaykh : Agreeing, or?
The student: ...

The Shaykh : Specifying, or restricting, and as for the category...
The student: ...

The Shaykh : Yes, and either an independent addition. But as for it coming in contradiction to the Qur'an, this is impossible. Now.
The student: Does it not come as abrogating?

The Shaykh : It does not come as abrogating, never. It did not come as abrogation.
Among the benefits of the hadith is that every condition that is not in the Book of Allah is invalid, even if it is imposed, even if it is imposed, based on his saying (peace and blessings be upon him):
even if there are one hundred conditions وإن كان مائة شرط
Sunan Ibn Majah 2521Sahih (Darussalam)
It has been mentioned to us before that the meaning of our saying "a hundred conditions" is any condition a hundred times to emphasize it, so that it becomes invalid. Just as the worship that is not in accordance with the command of Allah and His Messenger is rejected,
He who did any act for which there is no sanction from our behalf, that is to be rejected. من عمل عملا ليس عليه أمرنا فهو ردّ
Sahih Muslim 1718b
.
Now, among the benefits of the hadith is that if a person imposes a condition that does not contradict the Book of Allah, it is obligatory to fulfill it, because his saying:
then it is invalid فهو باطل
contradicts it, so it is valid... if it does not contradict the Book of Allah. And if it is valid, it is obligatory to fulfill it.
Now, is the obligation of fulfilling the valid condition a right for Allah or a right for the human? The answer is that it is a right for the human, made obligatory by the obligation of Allah. Therefore, if the person drops it, yes, it is dropped,
O you who have believed, prescribed for you is legal retribution for those murdered يا أيها الذين آمنوا كتب عليكم القصاص في القتلى
[Al-Baqarah 2:178]
He wrote "obligatory," then He said:
But whoever overlooks from his brother anything, then there should be a suitable follow-up فمن عفي له من أخيه شيء فاتّباع بمعروف
[Al-Baqarah 2:178]
So, what is obligatory for the person, if the one who has the right drops it, it is dropped. So, it is obligatory for the person by the obligation of Allah (Mighty and Majestic).
Now, so we say that the conditions that a person imposes on another in every contract are a right for the one who imposes them, and it is obligatory to fulfill them for whom? For the one on whom they are imposed. But if the one who imposed them forgives, they are dropped, they are dropped by his forgiveness. Yes, now.
It is said, and among the benefits of the hadith is that the decree of Allah is more worthy than the decree of anyone else, no matter who the other is, based on his saying?
The student:
the decree of Allah is more worthy قضاء الله أحقّ
.

The Shaykh :
the decree of Allah is more worthy قضاء الله أحقّ
And the meaning of his saying "more worthy" has been mentioned before, meaning that it is more worthy of being followed, and that it is more worthy, meaning it is more in accordance with the truth than others. So, it combines two things.
If someone asks, "The parliament, the House of the Nation, the House of the People, the Consultative Council, the Congress, the Senate, the Council of Nobles, and the Council of Notables have decreed such and such, which is contrary to the decree of Allah?"
The student: ...

The Shaykh : Huh? O people, do we abolish all these councils? Huh?
The student: ...

The Shaykh : Yes, we abolish all of them because they are councils of created beings, and the created being is subject to error, and the created being is also weak in his knowledge, power, and insight, and in everything. For this reason, we say the decree of Allah is more worthy. So, if a person comes and says, "Look at this constitution that all these councils have ratified," we say to him, "This is the Book of Allah, yes, the one that was revealed to judge between you and me
And if you disagree over anything, refer it to Allah and the Messenger وإن تنازعتم في شيء فردّوه إلى الله والرّسول
[An-Nisa 4:59]
Look, he brought this word after his saying:
O you who have believed, obey Allah and obey the Messenger and those in authority among you يا أيها الذين آمنوا أطيعوا الله وأطيعوا الرّسول وأولي الأمر منكم
[An-Nisa 4:59]
Meaning that obedience to the ruler is not absolute obedience. So, in case of disagreement, the reference between you and the rulers is to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him).
The reader:
She said, Barira came to me and said, I am... قالت جاءتني بريرة فقالت إني ..


The Shaykh : Barira, how? This...
The student: The benefits are still remaining.

The Shaykh : Huh?
The student: Remaining benefits.

The Shaykh : Whatever contradicts, we complete the benefits... so that we can take the next lesson.
The reader: And from Ibn 'Umar (may Allah be pleased with them both), he said: " 'Umar prohibited the sale of mothers of children, and he said: They are not to be sold, nor inherited. He may enjoy them as long as he wishes, and if he dies, she is free." Malik and al-Bayhaqi narrated it, and he said: Some narrators elevated it, and they erred.
And from Jabir (may Allah be pleased with him), he said: "We used to sell our concubines, the mothers of children, and the Prophet (peace and blessings be upon him) was alive, and he saw no harm in it." Al-Nasa'i narrated it.


The Shaykh : Al-Nasa'i with a fathah.
The reciter: "It was narrated by al-Nasa'i, Ibn Majah, and al-Daraqutni, and Ibn Hibban graded it as authentic.
And from Jabir ibn 'Abd Allah, "


The Shaykh : ibn 'Abd Allah
The reciter: " And from Jabir ibn 'Abd Allah, he said:
It was narrated that Jabir said: "The Messenger of Allah forbade selling the produce several years in advance. نهى رسول الله صلّى الله عليه وسلّم عن بيع فضل الماء
Sunan an-Nasa'i 4626Sahih (Darussalam)
. It was narrated by Muslim, and in another narration he added:
And hiring a camel to impregnate a she-camel. وعن بيع ضراب الجمل
Bulugh al-Maram 7:16

And from Ibn 'Umar (may Allah be pleased with them both), he said:
God’s Messenger forbade [taking hire for] a stallion's covering نهى رسول الله صلى الله عليه وسلم عن عسب الفحل
Mishkat al-Masabih 2856
. It was narrated by al-Bukhari
And from him that the Messenger of Allah (peace and blessings be upon him) ... "
.

The Shaykh : That is enough, in the name of Allah, the Most Merciful, the Bestower of Mercy.
Praise be to Allah, Lord of the worlds, and may Allah send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
Among the benefits of the hadith of 'A'ishah (may Allah be pleased with her) regarding the story of Barirah is what has been mentioned previously, and I think we stopped at?
The student: The decree of Allah is more just.

The Shaykh : The decree of Allah is more just.
Good, what came before, and from it is that the decree of Allah (Mighty and Majestic) is more just, meaning more established and fairer than others, because "truth" (al-haqq) is used for justice in rulings, truth in reports, and steadfastness. It is "more just" meaning it is steadfast and does not waver, and so is the decree of Allah.
And among the benefits of this hadith is the invalidity of all systems that contradict the systems of the Shari'ah, and that they are invalid, even if it is assumed that they contain some truth, for the decree of Allah is more just than them. For this reason, he said, "He said
the decree of Allah is more worthy قضاء الله أحقّ
" and did not mention the thing being compared to, because of the superiority.
And among the benefits of the hadith is the affirmation of the wisdom of Allah (Mighty and Majestic), because the decree is not "more just" unless it corresponds to wisdom and the interests of the servants. If it does not include that, it is not "more just."
And among the benefits of the hadith is that there may be truth in the decree of others, but the decree of Allah is more just. This is if we say that the name of preference here is on its original basis, which is the existence of the original meaning in both the preferred and the compared-to. But if we say that it is not on its original basis, such that the meaning is only in the preferred, as in the saying of the Exalted:
The companions of Paradise, that Day, are [in] a better settlement أصحاب الجنّة يومئذ خيرا مستقرّا
[Al-Furqan 25:24]
, then it includes and necessitates that there is no truth in the decree of anyone other than Allah. But the first meaning is more sound and more appropriate regarding the form and regarding reality, because not every ruling is invalid from every angle; rather, if it agrees with the truth, it is truth, and if it contradicts the truth, it is invalid, and if it contradicts it from one angle and agrees with it from another, it is invalid from one angle and true from another.
Good, and among the benefits of the hadith is what is implied by his saying:
What Allah has stipulated is more binding شرط الله أوثق
So "more secure" means more steadfast than the conditions of ... other than the condition. So it is taken from this that every condition that contradicts the Shari'ah is?
The student: Invalid.

The Shaykh : There is no trust in it and no security in it, but the security is entirely in what the Shari'ah has brought.
And among the benefits of the hadith is the affirmation of the bond of loyalty (wala') for the manumitter, affirming the bond of loyalty for the manumitter, due to his saying:
The Wala is for the manumitted. وإنما الولاء لمن أعتق
Sahih al-Bukhari 2729
. The bond of loyalty is a kinship that is established for the manumitter and his kin who are kin by themselves only, not those who are kin through others or with others.
And among the benefits of the hadith is that the bond of loyalty does not extend beyond the manumitter and those who branch from him. This is derived from the restriction in his saying:
The Wala' is for the manumitted (of the slave). إنّما الولاء لمن أعتق
Sahih al-Bukhari 6752
, as if he said, there is no bond of loyalty except for the one who manumitted.
And among the benefits of the hadith is that the condition of the bond of loyalty for anyone other than the manumitter is invalid. This is taken from the saying of the Messenger:
Any condition which is not in Allah's Laws is invalid فما كان من شرط ليس في كتاب الله فهو باطل
Sahih al-Bukhari 2729
... He emphasized it by repeating the condition, so it is invalid.
And among the benefits of the hadith is the permissibility of rhyming prose (saj'), the permissibility of rhyming prose, but on the condition that it is not forced. If there is effort in it, it is not considered eloquence or clarity, because if a speaker or author forces rhyming prose, there must be a flaw in the speech, either additions or disliked and repulsive metaphors, or otherwise. But if it comes naturally without effort, it gives the speech luster, beauty, and acceptance, as in this hadith.
So if someone asks, is rhyming prose praiseworthy or blameworthy? We say, look at its subject. If the intention is to establish the truth and draw hearts to the rhyming speech, then what is it?
The student: Praiseworthy.

The Shaykh : Praiseworthy. And if the intention is to refute the truth, then it is blameworthy. For this reason, when ... al-Nabighah al-Hudhali stood up,
When he stood up intending to argue with the Prophet (peace and blessings be upon him) regarding his ruling concerning the two women from Hudhayl who fought, one of whom threw a stone at the other, killing her and the fetus in her womb. The Prophet (peace and blessings be upon him) ruled that the blood money (diyah) was to be paid by her kin (aqilah) and that a slave or slave girl was to be given as blood money for the fetus. He stood up... ibn al-Nabighah and said: "O Messenger of Allah, how can one be made to pay for one who did not drink, did not eat, did not speak, and did not cry out? Such a thing is..." لما قام يريد أن يجادل النّبيّ صلّى الله عليه وسلّم في حكمه في المرأتين اللتين اقتتلتا من هذيل، فرمت إحداهما الأخرى بحجر فقتلتها وما في بطنها فقضى النّبيّ صلّى الله عليه وسلّم بالدّية على عاقلتها وقضى بغرّة عبد أو وليدة دية للجنين، قام ... بن النابغة فقال: يا رسول كيف يغرم من لا شرب ولا أكل ولا نطق ولا استهلّ فمثل ذلك يطلّ
Look at the rhyming prose ... how does it make one pay?
The student: How does it make one pay from ..

The Shaykh : From who?
The student: From one who does not eat or drink, meaning ..

The Shaykh : No, we want it with rhyming prose, we want it with rhyming prose, no.
The student: I did not memorize it, O Shaykh.

The Shaykh : Good, yes, come on, Faisal!
The student: How does it make one pay from one who did not drink or eat ..

The Shaykh : Yes.
The student: And did not speak or ..

The Shaykh : Yes, indeed.
The student: And did not cry out.

The Shaykh : Yes.
The student: ...
Another student:
how can I pay blood money for one who neither ate nor drank, or shouted such a one should be over looked. كيف يغرم من لا شرب ولا أكل ولا نطق ولا استهلّ فمثل ذلك يطلّ
Sunan an-Nasa'i 4818Sahih (Darussalam)
.

The Shaykh : Yes.
how can I pay blood money for one who neither ate nor drank, or shouted such a one should be over looked. كيف يغرم من لا شرب ولا أكل ولا نطق ولا استهلّ فمثل ذلك يطلّ
Sunan an-Nasa'i 4818Sahih (Darussalam)
This is the rhyming prose.

The questioner : The meaning of "yatal" (to look down).

The Shaykh : "Yatal" means to look down, to leave a guarantee in it. So the Prophet (peace and blessings be upon him) said,
That is only from the brothers of the soothsayers إنّما ذلك من إخوان الكهّان
... (peace and blessings be upon him) because of his rhyming prose, because the soothsayers adorn their words or phrases with these rhymes in order for them to have resonance and acceptance. So he said ... from the brothers of the soothsayers because of his rhyming prose. Does "because of his rhyming prose" mean because he used rhyming prose in his speech? Or because of the content of his speech?
The student: Content.

The Shaykh : The second, because of the content of his speech. Good, these are the benefits that were available from this hadith which the author (may Allah have mercy on him) presented in order to clarify that every condition that contradicts the Shari'ah is?
The student: Invalid.

The Shaykh : Invalid. Good, if it is invalid, do we say to the one who stipulated it for himself, "You have the option" because of the loss that occurred to you ... he stipulated an invalid condition, it is not permissible to fulfill it. Do we say he has the option or not? We say there is a detail in that: if he was aware of the ruling, he has no option, meaning he entered into it as a reckless or negligent person. And if he was not aware, he has the option. So in this hadith, if a man sold a slave and stipulated to the buyer that if he manumitted him, the bond of loyalty would be his, and the buyer agreed, it is known that the value will?
The student: Decrease.

The Shaykh : Decrease. If the seller sells it without the condition for one hundred, how much does he sell it for with the condition?
The student: For fifty.

The Shaykh : For ninety. The value decreases because of the condition. This man sold, and we said that this condition is invalid and cannot be fulfilled. Do we say the seller has the option to either confirm the sale for ninety or return it? There is the detail we mentioned: if he knows that this condition is invalid, he has no option because he entered with knowledge. And if he does not know, thinking that it is a valid condition, then he?
The student: Has the option.

The Shaykh : He has the option. This is the stronger opinion in this issue. Some scholars said he has no option at all because he was negligent, and because the Prophet (peace and blessings be upon him) did not give these people the option. He did not give the people of Barirah the option, because it is known that Barirah was manumitted under the ownership of 'A'ishah (may Allah be pleased with her). But the correct view is that he has the option if he was ignorant. The apparent meaning of the hadith is that the people of Barirah had known that, they had known that ... it was established, but they were bold, as indicated by his saying:
Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free خذيها واشترطي لهم الولاء فإنّما الولاء لمن أعتق
Muwatta Malik 38:18
, and as indicated by the fact that the Messenger preached and condemned this thing, and such a matter does not occur except after it is known that the matter is established with them.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas