The Ruling on Legal Evasions in the Shari'ah
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Question:
A letter was received for the program from Pakistan. In Pakistan, there are some matters in which disagreement and discord have become widespread, among them what is called the "evasion of discharge." This is done for a deceased person before his burial to discharge the obligations upon him. A sum of money is given and circulated in a circle consisting of a group of poor people; this one takes it and gives it to that one, then that one to this one, and so on until the process is completed. They cite as evidence for the permissibility of this evasion that evasions, in their absolute sense, are permissible and valid, having been approved by the Book and the Sunnah. They give as an example the story of Ayyub (peace be upon him) regarding Allah’s (Glorified and Exalted is He) command to him to strike with a bundle of grass to release him from his oath, and other matters similar to this story. They say: Based on this, an evasion is permissible if it is done for a valid purpose, provided that it does not make a forbidden thing permissible or a permissible thing forbidden, just as in its counterparts in the Book and the Sunnah.
It is requested from your Eminence to provide information on all aspects of this issue, from the Book, the Sunnah, and scholarly understanding, clarifying the matter of arguing with general or absolute texts for specific, partial cases, as in this issue? May Allah the Exalted reward you with good. We wish you permanent health, a satisfying life, and a good, blessed life. Nizam al-Din 'Abd al-Hanan.
Answer:
Evasions by which one seeks to drop an obligatory duty or commit a forbidden act are forbidden; because the means have the ruling of the ends. Allah (Mighty and Majestic) has forbidden every path to a forbidden act and every path to dropping an obligatory duty. Therefore, it is not permissible for a Muslim to perform an evasion that drops the obligation of zakah or the obligation of fasting, or the obligation of Hajj, or anything else. Rather, it is obligatory for him to perform matters through their proper channels, to fulfill what Allah has made obligatory upon him, to leave what Allah has forbidden upon him, and not to resort to evasions in any of that.
And he (peace and blessings be upon him) said in the authentic hadith: The people of the Sabbath, when Allah forbade them hunting on the Sabbath from among the Children of Israel, resorted to an evasion. They set their nets on Friday and took the game on Sunday, saying: "We did not hunt on the Sabbath." But Allah did not excuse them for that. This indicates that evasions that drop obligatory duties or lead to forbidden acts are forbidden.
As for an evasion that Allah made an evasion and legislated as an evasion, there is no harm in it, just as He made selling a means for you to take your brother's money with his consent and benefit from it through lawful sale. So too is the lawful gift, and so too are inheritances. The means that Allah legislated and made an evasion for a person to reach his need are without harm. So every evasion that Allah legislated and permitted for His servants is without harm. As for evasions by which one seeks to drop an obligatory duty or reach a forbidden act without permission from the Lawgiver, this is not permissible, neither in zakah nor in anything else. And Allah is the One to be sought for help. Yes.
The presenter: Allah is the Helper.
A letter was received for the program from Pakistan. In Pakistan, there are some matters in which disagreement and discord have become widespread, among them what is called the "evasion of discharge." This is done for a deceased person before his burial to discharge the obligations upon him. A sum of money is given and circulated in a circle consisting of a group of poor people; this one takes it and gives it to that one, then that one to this one, and so on until the process is completed. They cite as evidence for the permissibility of this evasion that evasions, in their absolute sense, are permissible and valid, having been approved by the Book and the Sunnah. They give as an example the story of Ayyub (peace be upon him) regarding Allah’s (Glorified and Exalted is He) command to him to strike with a bundle of grass to release him from his oath, and other matters similar to this story. They say: Based on this, an evasion is permissible if it is done for a valid purpose, provided that it does not make a forbidden thing permissible or a permissible thing forbidden, just as in its counterparts in the Book and the Sunnah.
It is requested from your Eminence to provide information on all aspects of this issue, from the Book, the Sunnah, and scholarly understanding, clarifying the matter of arguing with general or absolute texts for specific, partial cases, as in this issue? May Allah the Exalted reward you with good. We wish you permanent health, a satisfying life, and a good, blessed life. Nizam al-Din 'Abd al-Hanan.
Answer:
Evasions by which one seeks to drop an obligatory duty or commit a forbidden act are forbidden; because the means have the ruling of the ends. Allah (Mighty and Majestic) has forbidden every path to a forbidden act and every path to dropping an obligatory duty. Therefore, it is not permissible for a Muslim to perform an evasion that drops the obligation of zakah or the obligation of fasting, or the obligation of Hajj, or anything else. Rather, it is obligatory for him to perform matters through their proper channels, to fulfill what Allah has made obligatory upon him, to leave what Allah has forbidden upon him, and not to resort to evasions in any of that.
And he (peace and blessings be upon him) said in the authentic hadith:
Do not do what the Jews did, so that you make lawful the prohibitions of Allah by the slightest of ruses
لا ترتكبوا ما ارتكبت اليهود فتستحلوا محارم الله بأدنى الحيلAs for an evasion that Allah made an evasion and legislated as an evasion, there is no harm in it, just as He made selling a means for you to take your brother's money with his consent and benefit from it through lawful sale. So too is the lawful gift, and so too are inheritances. The means that Allah legislated and made an evasion for a person to reach his need are without harm. So every evasion that Allah legislated and permitted for His servants is without harm. As for evasions by which one seeks to drop an obligatory duty or reach a forbidden act without permission from the Lawgiver, this is not permissible, neither in zakah nor in anything else. And Allah is the One to be sought for help. Yes.
The presenter: Allah is the Helper.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.