Part 4

29 'A§.r in its time. This is because the texts which make the prayers at their stated times obligatory, are clear and conclusive; and this (b_adeeth) is a vagu e text. The sou n d and correct methodology adopted in su c h circumstances is to referthe vague text back to the clearand conclusive text.

To summarise, a reason for the differences;is to understand a particular evidence in a differentlightto the meaning intendedby Allaah and His Messenger (~).

30 The scholar is aware of the l!adeeth but it is in actual fact abrogated.

The b.adeeth is authentic, its meaning is understood correctly, but it is abrogated. The scholar, however, does not know ofits abrogation and in such circumstances is therefore excused, because the basic rule appliedis that a text is not ju d ged to be abrogated until there is knowledge ofa second abrogating text.

An example ofthis is Ibn Mas'ood's opinion on the position of a person's hands during rnkoo '.At the advent oflslaam, the praying person when in rukoo ' used to put his hands together and place them between his knees. This was the ruling in the early days of lslaam. However, this was later abrogated and the new ruling was forone to place his hands on his knees. The evidence ofthe abrogation is recorded in Sab.eeb. al-Bukhaaree and elsewhere. 40 Ibn Mas'ooddid not know ofthis abrogation, so he always used to place his hands together between his knees. Once Alqamah and alAswad41 prayed at his side; they placedtheir hands on their knees, whereupon, he prohibitedthem and ordered them to do as he did. Why? Because he had not known ofthe abrogation and a person is not burdened with more than he can bear, Allaah says,

40 Al-Bu k haaree and other sources.

41 Alqamah and al-Aswad are two scholars from the taab'ieen and famous students of'Abdullaah Ibn Mas'ood.

Allaah bu r dens not a sou l bey o nd it's scope. It attains reward forthe (good) which it has earned and is pu n ished forthe (evil) ithas acqu i red. 'Ou r Lord! Do not pu n ish u s ifwe forget or fallinto error. Ou r Lord! Do not lay on us a bu r den like that which y o u did lay on those before us. Ou r Lord! Do not bu r den u s with that which we cannot bear, pardon u s , forgive us and have mercy u p on us. You are ou r Mawlaa (Patron, Su p porter and Protector) and give us . . peop Ie. 42 v1ctory over t h e d"ISb e1·1evmg

The scholar believes that the particular evidence in question conflicts with either a stronger text or a consensus of the scholars

In other words, he is aware ofthe evidence but he sees it to liein contradictionto a stronger evidence whether it be another text or a consensus ofthe scholars.

This is frequently found to be the reason for the differingbetween the scholars.

How often do we hear one asserting that there is a consensus ofthe scholars on a particular issue? But afterexamination, no such consensus has in facttaken place.

One ofthe most amazing cases to have been recordedin relationto this, is that a group relatedthat there was a consensus ofthe scholars on the acceptanceofa slave's testimonial; whilst others, reported that there was a consensus on the rejectionofa slave's testimonial! This is indeeda most peculiar recordingofevents.

This occurs, because for a certain type of individual; ifhe is surrounded by people who agree with him on an issue, he believes that not a single person disagrees with him, because ofhis full conviction that this ju d gment is exactly what the texts imply. Therefore, two evidences form in his mind: the text and a consensus of the scholars. Furthermore, he may even feelthat this ju d gment is supported by correctanalogicaldeduction (qiyaas) and sound reasoning.

So, in concluding, he judges that no one differson this text which to him is aidedby correctanalogicaldeduction. However, the truth of the matter is the complete opposite.

33 position held by Ibn 'Abbaas on ribaa al-farl_l. 43

The Messenger ofAllaah (*) has said: "Ribaa is only (earnt) in (transactions of) an-nasee 'ah. "44

He has also been reported by 'Ubaadah Ibn as-Saamit and other Companions to have said: "Ribaa is (earnt) in (transactions of) annasee 'ah and az-ziyaadah"45

The scholars afterIbn 'Abbaas have allagreed that ribaa is oftwo types: al-fad.l and an-nasee 'ah. As for Ibn 'Abbaas, he was adamant that ribaa only occu r red in an-nasee 'ah.

An example ofribaa al~fad.l is ifa person sells a measu r e ofwheat for two measu r es and the exchange is made on the spot; this wou l d not be classifiedas ribaa accordingto Ibn' Abbaas, as he sees that ribaa is only in an-nasee 'ah.

Similarly, ifone sells a gram of gold for two grams and the exchange is made on the spot, it wou l d not be ribaa accordingto Ibn 'Abbaas; however, ifthe exchange didnot take place there and then, whereby the firstparty su r renders the gram ofgold and the second party does not hand over the two grams until later on after they separate, then this wou l d be classifiedas ribaa. 46

43 Ribaa (illegalprofit)is oftwo types: an-nasee 'ah (usury): Illegalprofitearnt on a lent commodity. al-fad.l (oraz-ziyaadah): Illegalprofitearnt by exchanging the same commodity differingin quality.

46 As it now fallsu n der the category ofan-nasee 'ah of which, there is ncr difference as to it's prohibitionbetween Ibn 'Abbaas and the rest ofthe scholars.

34 This is because Ibn 'Abbaas held that the limitation prevented ribaa from occurring in any other type of transaction besides annasee 'ah.

It is a common factthat'only ' , does imply limitationand therefore indicatesthat any form of transaction besides an-nasee 'ah is not ribaa, bu t the tru t h of the matter is that the h_adeeth related by 'Ubaadah shows that transactions ofthe nature ofal-fadl is indeed actually a type of ribaa, du e to the Prophet's statement: "Whosoever increases or asks for an increase, has indeed dealt with ribaa."

Anyhow, what shou l d ou r position be regarding the h_adeeth Ibn 'Abbaas u s ed as evidence?

Ou r position is to understand it in a manner which will harmonise it with the other h_adeeth that includes al-fad.l to also be a type of ribaa; so we hold:'The severe form ofribaa which the people in the days ofignorance u s ed to deal in, and which is stated in the verse,

/:' ~~(~~t0 ~--- ~- :t Lt-:: ..:~·,~/1/ ~

..;-: / /. ~'f·l"':"t'\.\1 ~~ '/. ,al Y..J! ~li .J ~ .:I. 0•1 .,.:ZA ..... 41-

0 you who believe, do not consume ribaa dou b led 48 and mu l tiplied ...

47 i.e. the limitationmentioned by the Prophet in the firstb.adeeth when he said: "Ribaa is only (earnt) in (transactions of)an-nasee 'ah" Accordingly, Ibn' Abbaas heldthat ifthe same commodity which differed in quality was exchanged, it wou l d not be ribaa; but, ifthe exchange did not happen on the spot, then it wou l d be nbaa as it fallsu n der an-nasee 'ah due to the element of time now being introduced.

35 the gross or severe form ofribaa.49 This is why Ibn al-Qayyim held the view in his book I 'loam Al-Muwaqqi 'een that the prohibition ofribaa al-fad.l was from a precautionary measure and not due to the type oftransaction itself.

49 i.e., relatively speaking as is clear from the context. The many verses of the Qu r ' aan and b_adeeths ofHis Messenger(~) show the magnitude ofthis sin and it's threatening consequences and punishments. To mention a few: Those who deal in it will be resurrected from their graves and stand up from it likeinsane people, they have been threatened with Hell-Fire,labelledas extremely ungrateful and sinful people, and have been cursed. Allaah and His Messenger have given a notice ofwar to the person who deals in it as he is regarded to be an enemy. Allaah deprives the money eamt from ribaa ofany blessing and the Prophet (~) listed this sin as one ofthe seven deadly sins.

36 The scholar gives a ruling on the basis of a weak h.adeeth, or his argumentation and deduction is poor.

This is also quite common. An example ofusing a weak h_adeeth as evidence, is the recommendation given by some scholars on S.alaah at-Tasbeeh5 0:

Itcomprises oftwo units ofpray e r (rak'ahs), al-Faatih_ah is recited in both of them, tasbeeh_ is mentioned fifteentimes and likewise when bowing and in prostration and so on, the detailsofwhich, I am not fully aware ofas I do not believe it to be sanctioned. Others hold it to be a detested innovation and the h_adeeth on it to be unauthentic, likeImaam Ahmad who said: "It's h_adeeth is not authentic from the Prophet" and Shaykhul-Islaam Ibn Taymiyyah who said: "It's h_adeeth is a lieon the Prophet."

In reality, whoever examines it will findoddpeculiarities even from the angle oflegislation;Since, worship is either beneficialfor the heart, and it is a mu s t that the heart is able to attain righteousness from it, so it is legislatedfor all times and places, or it is not of benefitand is thereforenot sanctioned. As forthis particular prayer, it's h_adeeth mentions that a person prays itevery day or every week or every month or once in his lifetime.There is no form ofworship ofit's likein the Sharee 'ah, so it is very irregular and suspect from both the actual text and it's chain of narration, and whoever de-

50 The question of the authenticity of this pray e r is an old one and the Shay k h holds the view that it is not legislated.Amongst those who wrote in it's favour is the great scholar Ibn Naasir ad-Deen ad-Dimashqee in his treatise At-Tmjeeh Li H_adeeth S.alaah at-Tasbeeh. An excellent contemporary work is At-Tanqeeh Li Jv1aa jaa 'fee Salaah at-Tasbeeh by Shaykh Jaasim al-Faheed ad-Dawsaree. The book The Three Abandoned Prayers by Shay k h Adnaan Aali 'Uroor has recently been translated in English and published. It also supports the view affirmingthe legality ofthe pray e r and Allaah knows best.

37 with this, he also mentioned that none ofthe Imaams recommended it.

I pu t forward this particu l ar issu e as an example du e to the many questions asked concerning it. I fear that this innovation has become an acceptable form of worship, and I stress it as being an innovation, because, even thou g h this ru l ing may be very difficult for some people to handle, we believe that any o ne who worships Allaah with something not fou n d in the book ofAllaah nor in the (~), then that act is an innovation. Sunnah ofHis Messenger

An example ofpoor deduction, i.e., when the evidence is strong bu t using it to prove a certainpoint is not sound, is the position held by some scholars regarding the /pdeeth relatedby Aswad: "The slaughtering ofthe foeteus is (covered by) the slaughtering ofit :s mother.51"

It is ofcommon knowledge amongst the scholars that the meaning ofthis h.adeeth is that ifa pregnant animal is slaughtered, then this is also a slau g htering ofthe foetus contained inside it, i.e. there is no need to take holdofthe foetus and slau g hter it afterit is removed from the animal, becau s e it is already dead and there is no point or benefitderived by slau g htering it after it's death.

However, some scholars understood the h.adeeth to be that the slaughtering ofthe foetus is carriedou t in the same way as it's mother's;52 by severing the two ju g u l ar veins and allowing the blood to flow out. This is however, far-fetched,and what makes it so, is the fact that blood does not flow ou t afterdeath.