The discussion regarding the ruling on cutting hair for one in the state of ihram.
Machine translationRead the Arabic original
The Shaykh : The prohibitions of ihram are from the category of attributing a thing?
The questioner : to its cause.
The Shaykh : to its cause, does it have a parallel?
The questioner : The chapter on the prostration for forgetfulness.
The Shaykh : Like their saying "The chapter on the prostration for forgetfulness," meaning the chapter on the prostration whose cause is forgetfulness. What does "the prohibitions of ihram" mean?
The questioner : They are those that are not permissible ... .
The Shaykh : The things prohibited because of it, since the prohibited is the forbidden. The prohibitions of ihram are the things forbidden because of it, correct? Did the author limit them to thirty, Abdullah?
The questioner : Nine.
The Shaykh : How?
The questioner : Nine.
The Shaykh : Nine. What is the evidence for this limitation?
The questioner : Tracing and induction.
The Shaykh : Tracing and induction. Some people have said that limiting these matters to nine, ten, or the like is a religious innovation. What is the answer to this?
The questioner : It is not a religious innovation, because this is a means to something praiseworthy, which is making things easy for the people.
The Shaykh : Making knowledge easy for the people. So it is a means to something praiseworthy, which is making knowledge easy for the people. And means have the rulings of their ends. Is there anything in the Sunnah that indicates limitation sometimes?
The questioner : Yes.
The Shaykh : For example?
The questioner : It is not permissible ... .
The Shaykh : No, no. Limitation by a number? The Messenger of Allah (peace and blessings be upon him) said, "Ten of them are such and such"?
The questioner : Five of the fitrah, or ten of the fitrah.
The Shaykh : Yes, like, or , Muwatta Malik 51:14, and the like. The first prohibition is shaving the head. What is its evidence, Saleh?
The questioner : The evidence for shaving the hair?
The Shaykh : Yes.
The questioner : It is a specific evidence ..
The Shaykh : What is its evidence? Do not say that. You have a text, give it to us.
The questioner : Analogical reasoning based on shaving ..
The Shaykh : Shaving the hair, my brother?
The questioner :[Al-Baqarah 2:196] But his saying "shaving the hair" ..
The Shaykh : Be patient, man. It has not yet reached[Al-Baqarah 2:196]. Is this type of argumentation considered valid?
The questioner : We said, may Allah reward you, that this argumentation is not valid because the indicated meaning.
The Shaykh : We said, you have not said anything up to now. I have not heard you yesterday.
The questioner : Yes, the evidence here is ..
The Shaykh : The question now is: is this type of argumentation valid?
The questioner : Yes, for shaving the head. But for shaving the hair, it is not valid.
The Shaykh : Why?
The questioner : Because here the evidence is more specific than the indicated meaning.
The Shaykh : And the rule is that one does not argue from the more specific to the more general, and the reverse?
The questioner : Correct.
The Shaykh : The reverse is valid. One argues from the more general to the more specific because it is more general. So, what establishes this ruling for all hair?
The questioner : They established it by analogical reasoning to the hair of the head.
The Shaykh : Analogical reasoning to shaving the head. What is the operative cause of the analogy?
The questioner : Their operative cause is luxury.
The Shaykh : Luxury. What does luxury mean?
The questioner : Indulgence.
The Shaykh : Indulgence. Is there indulgence in shaving the hair?
The questioner : There may be some luxury in it, if it leads to comfort and beauty.
The Shaykh : Because it cleans the head and removes dirt from it. As for beauty, that varies. Now, the author said "shaving the head". Why did he say "shaving the hair" when the one in ihram removes it by any type of removal, Muhammad?
The questioner : ... in accordance with what came in the Qur'an and the Sunnah.
The Shaykh : In order for his wording to match the wording of the Book and the Sunnah. Do we take from this that the scholars (may Allah have mercy on them) strive for their words to conform to the wording of the Book and the Sunnah?
The questioner : Yes.
The Shaykh : And what do you see of this path? Is it sound?
The questioner : Salim.
The Shaykh : And is it equal to others or better? Are you stopping here, Muhammad? Ahmad.
The questioner : This method is sound, but ..
The Shaykh : But is it equal to others or is it better than them?
The questioner : It is better than them.
The Shaykh : It is better than them because it contains the ruling and the evidence. For this reason, it passed us in al-Zad here in Zad al-Mustaqni' when he (may Allah have mercy on him) said in the chapter on congregational prayer "And when the prayer is established, there is no prayer except the obligatory one". This is the author's phrase. The commentator said, "Muslim narrated it from the hadith of Abu Hurayrah." He brought the evidence and the ruling. Now, we spoke about the extension of the ruling to the rest of the hair, and we said that some scholars differed on that. Who is the one who differed?
The questioner : Ibn Hazm and the Zahiris.
The Shaykh : Dawud the Zahiri. It is well known about Dawud the Zahiri and Ibn Hazm that we have not reviewed his statement, but it is well known that he is with Dawud the Zahiri. How?
The questioner : They said that what came in the Qur'an is shaving the hair of the head, so one suffices with what came in the Qur'an.
The Shaykh : Because the original ruling?
The questioner : Because the original ruling is permissibility.
The Shaykh : Permissibility. So, if the evidence establishes the specification of something, we do not extend it to others. And what is the answer of the others in this case, Ahmad?
The questioner : ... analogical reasoning.
The Shaykh : Analogical reasoning. Analogizing the rest of the hair to the hair of the head with the common factor of luxury. Can this analogy be refuted, Zaki?
The questioner : It can be refuted, Shaykh.
The Shaykh : With what?
The questioner : It is refuted by saying that acts of worship are based on divine text and are not established except by evidence ..
The Shaykh : No, this is not an act of worship; this is abandoning something.
The questioner : ... .
The Shaykh : Other than this, Abdullah?
The questioner : We say that the pilgrim sometimes has some luxury of rest and of eating and drinking.
The Shaykh : No, this is refuting the operative cause. But I want to refute the analogy, meaning refuting the operative cause. We say that luxury may be refuted because not all luxury is forbidden. So the Messenger of Allah (peace and blessings be upon him) took a full ritual bath while in the state of ihram.
The questioner : We say that the original case and the branch must have an operative cause that is common to both. Here, the operative cause is not common, because shaving the head may be from the category of luxury, whereas shaving the pubic hair and the like is not from the category of luxury.
The Shaykh : No.
The questioner : Because it is the removal of a religious symbol.
The Shaykh : Yes, because shaving the head leads to the removal of the religious symbol, which is shaving or cutting. But I told you yesterday that caution is following what? Following the majority. And this is a rule that a student of knowledge must follow: if you find a ruling that contradicts the ruling of the majority, or a statement that contradicts the statement of the majority, do not hasten to adopt it. Do not hasten; wait. Because the fact that the majority of the scholars of the Ummah are contrary to this statement means that there must be something behind what we imagine. So do not hasten. And likewise, what contradicts the authentic hadiths that are like mountains in the Sunnah: if a hadith comes that is considered anomalous with respect to them, do not hasten to adopt it. Yes.
The questioner : to its cause.
The Shaykh : to its cause, does it have a parallel?
The questioner : The chapter on the prostration for forgetfulness.
The Shaykh : Like their saying "The chapter on the prostration for forgetfulness," meaning the chapter on the prostration whose cause is forgetfulness. What does "the prohibitions of ihram" mean?
The questioner : They are those that are not permissible ... .
The Shaykh : The things prohibited because of it, since the prohibited is the forbidden. The prohibitions of ihram are the things forbidden because of it, correct? Did the author limit them to thirty, Abdullah?
The questioner : Nine.
The Shaykh : How?
The questioner : Nine.
The Shaykh : Nine. What is the evidence for this limitation?
The questioner : Tracing and induction.
The Shaykh : Tracing and induction. Some people have said that limiting these matters to nine, ten, or the like is a religious innovation. What is the answer to this?
The questioner : It is not a religious innovation, because this is a means to something praiseworthy, which is making things easy for the people.
The Shaykh : Making knowledge easy for the people. So it is a means to something praiseworthy, which is making knowledge easy for the people. And means have the rulings of their ends. Is there anything in the Sunnah that indicates limitation sometimes?
The questioner : Yes.
The Shaykh : For example?
The questioner : It is not permissible ... .
The Shaykh : No, no. Limitation by a number? The Messenger of Allah (peace and blessings be upon him) said, "Ten of them are such and such"?
The questioner : Five of the fitrah, or ten of the fitrah.
The Shaykh : Yes, like
Five things are of the fitrah
خمس من الفطرةTen things of the fitrah
عشر من الفطرةThere are seven whom Allah will shade in His shade
سبعة يظلهم الله في ظلهThe questioner : The evidence for shaving the hair?
The Shaykh : Yes.
The questioner : It is a specific evidence ..
The Shaykh : What is its evidence? Do not say that. You have a text, give it to us.
The questioner : Analogical reasoning based on shaving ..
The Shaykh : Shaving the hair, my brother?
The questioner :
And do not shave your heads
ولا تحلقوا رؤوسكمThe Shaykh : Be patient, man. It has not yet reached
And do not shave your heads
ولا تحلقوا رؤوسكمThe questioner : We said, may Allah reward you, that this argumentation is not valid because the indicated meaning.
The Shaykh : We said, you have not said anything up to now. I have not heard you yesterday.
The questioner : Yes, the evidence here is ..
The Shaykh : The question now is: is this type of argumentation valid?
The questioner : Yes, for shaving the head. But for shaving the hair, it is not valid.
The Shaykh : Why?
The questioner : Because here the evidence is more specific than the indicated meaning.
The Shaykh : And the rule is that one does not argue from the more specific to the more general, and the reverse?
The questioner : Correct.
The Shaykh : The reverse is valid. One argues from the more general to the more specific because it is more general. So, what establishes this ruling for all hair?
The questioner : They established it by analogical reasoning to the hair of the head.
The Shaykh : Analogical reasoning to shaving the head. What is the operative cause of the analogy?
The questioner : Their operative cause is luxury.
The Shaykh : Luxury. What does luxury mean?
The questioner : Indulgence.
The Shaykh : Indulgence. Is there indulgence in shaving the hair?
The questioner : There may be some luxury in it, if it leads to comfort and beauty.
The Shaykh : Because it cleans the head and removes dirt from it. As for beauty, that varies. Now, the author said "shaving the head". Why did he say "shaving the hair" when the one in ihram removes it by any type of removal, Muhammad?
The questioner : ... in accordance with what came in the Qur'an and the Sunnah.
The Shaykh : In order for his wording to match the wording of the Book and the Sunnah. Do we take from this that the scholars (may Allah have mercy on them) strive for their words to conform to the wording of the Book and the Sunnah?
The questioner : Yes.
The Shaykh : And what do you see of this path? Is it sound?
The questioner : Salim.
The Shaykh : And is it equal to others or better? Are you stopping here, Muhammad? Ahmad.
The questioner : This method is sound, but ..
The Shaykh : But is it equal to others or is it better than them?
The questioner : It is better than them.
The Shaykh : It is better than them because it contains the ruling and the evidence. For this reason, it passed us in al-Zad here in Zad al-Mustaqni' when he (may Allah have mercy on him) said in the chapter on congregational prayer "And when the prayer is established, there is no prayer except the obligatory one". This is the author's phrase. The commentator said, "Muslim narrated it from the hadith of Abu Hurayrah." He brought the evidence and the ruling. Now, we spoke about the extension of the ruling to the rest of the hair, and we said that some scholars differed on that. Who is the one who differed?
The questioner : Ibn Hazm and the Zahiris.
The Shaykh : Dawud the Zahiri. It is well known about Dawud the Zahiri and Ibn Hazm that we have not reviewed his statement, but it is well known that he is with Dawud the Zahiri. How?
The questioner : They said that what came in the Qur'an is shaving the hair of the head, so one suffices with what came in the Qur'an.
The Shaykh : Because the original ruling?
The questioner : Because the original ruling is permissibility.
The Shaykh : Permissibility. So, if the evidence establishes the specification of something, we do not extend it to others. And what is the answer of the others in this case, Ahmad?
The questioner : ... analogical reasoning.
The Shaykh : Analogical reasoning. Analogizing the rest of the hair to the hair of the head with the common factor of luxury. Can this analogy be refuted, Zaki?
The questioner : It can be refuted, Shaykh.
The Shaykh : With what?
The questioner : It is refuted by saying that acts of worship are based on divine text and are not established except by evidence ..
The Shaykh : No, this is not an act of worship; this is abandoning something.
The questioner : ... .
The Shaykh : Other than this, Abdullah?
The questioner : We say that the pilgrim sometimes has some luxury of rest and of eating and drinking.
The Shaykh : No, this is refuting the operative cause. But I want to refute the analogy, meaning refuting the operative cause. We say that luxury may be refuted because not all luxury is forbidden. So the Messenger of Allah (peace and blessings be upon him) took a full ritual bath while in the state of ihram.
The questioner : We say that the original case and the branch must have an operative cause that is common to both. Here, the operative cause is not common, because shaving the head may be from the category of luxury, whereas shaving the pubic hair and the like is not from the category of luxury.
The Shaykh : No.
The questioner : Because it is the removal of a religious symbol.
The Shaykh : Yes, because shaving the head leads to the removal of the religious symbol, which is shaving or cutting. But I told you yesterday that caution is following what? Following the majority. And this is a rule that a student of knowledge must follow: if you find a ruling that contradicts the ruling of the majority, or a statement that contradicts the statement of the majority, do not hasten to adopt it. Do not hasten; wait. Because the fact that the majority of the scholars of the Ummah are contrary to this statement means that there must be something behind what we imagine. So do not hasten. And likewise, what contradicts the authentic hadiths that are like mountains in the Sunnah: if a hadith comes that is considered anomalous with respect to them, do not hasten to adopt it. Yes.