Part 24

(*226)One of the great taabi'een scholars, a judge and dependable narrator of hadith. He was one of the most avid disciples and companions of the sahaabi, Ibn Mas'ood. He died in the year 78 of the Hijrah. (*227)The angels do not enter such a house if the daff is played at times other than weddings, 'Eed or other appropriate occasions as mentioned in the authentic sunnah. (*228)The degree of this athar and the following one was verified by the muhaddith, Muhammad Naasiruddeen Al-Albaani, in a personal letter to the author. (*229)A jurist and traditionist from the generation of the taabi'een. He died around 96 H. (*230)They were playing with the dufoof as had probably become a common practice with them. (*231)Authentically related by Ibn Abi Shaybah. (*232)This point was stressed by the eminent mufti, Abdul-Azeez bin Baaz, during a personal discussion with the author. (*233)Namely, singing, chanting of poetry or other innocent lyrics and the beating upon the daff. (*234)At the time of the 'Eed festivals, wedding ceremonies, etc. (*235)Singing, beating on the drum, etc. should be performed exactly in the manner indicated by authentic traditions, the details of which will follow in the next section. (*236)Quoted from Fat-hul Baari, vol.2, p. 443. (*237)Personal preference (istihsaan) is rejected, especially when it contradicts the specific texts of the divinely-revealed Shariah or conflicts with general principles extracted from these sources. SYNOPSIS OF PRECEDING SHAR'AH TEXTS ALONG WITH CONCLUSIONS TO BE DRAWN FROM THEM MUSICAL INSTRUMENTS ( MA'AAZIF) The use of all musical instruments (*236) is forbidden. This ruling has been arrived at through an analysis of the texts of authentic hadeeths narrated by Al-Bukhaari and Ibn Maajah, in which the word al-ma'aazif (musical instruments) occurs. Since the wording of the text is general ('aammun), its directive encompasses all types of musical instruments except the daff, whose permissible use is a specification (takhsees) of the general text or an exception to the general ruling. These two texts are sufficiently clear proof which establish a general, all-encompassing prohibition. However, to remove the grounds for all possible specious arguments regarding this all-inclusive hukm (ruling). And in order to clarify it beyond a doubt, the Shariah has conveyed a number of other texts which categorize the various possible types of musical instruments and prohibit them. The categories of musical instruments are as follows: (a) wind instruments, (*239) (b) string instruments, (*240) (c) percussion instruments (*241) and (d) a combination of two or more of the above. (*242) The first category is represented by the previously-mentioned narrations of Al-Bayhaqi and Al-Haakim, wherein the terms mizmaar (flute) and mazaameerush Shaytaan (Satan's wind instruments) are mentioned respectively. The second category is indicated by one of Ahmad bin Hanbal's narrations wherein the word qinneen (lute) (*243) appears. The third category is epitomized by another tradition collected by Ahmad in which bothe the terms koobah and tablah (i.e. drums) are recorded. (*244) At this point, some clarification regarding the daff (a type of drum and a percussion instrument) is necessary. Since its use is permissible only by virtue of its being an exception to the general rule of prohibition of musical instruments, certain stringent conditions are to be observed in reference to it, such as its size, shape and form, and the circumstances under which its use is permitted (as indicated by the texts wherein it is mentioned). As for the occasions upon which its use is permitted, a clear exposition has preceded in the first section of the previous chapter. Concerning the former two conditions, the daff should not exceed its general size as determined by common usage ('urf) (*245) and it should somewhat resemble the tambourine with the skin drawn tight on one side (*246) of the wooden frame; except that, by consensus of the scholars, (*247) it is to be devoid of the rattles (jallaajil) common to tambourines. These conditions are based on certain principles (*248) (qawaa'id) established in the science of usoolul fiqh. Thus, when there is an exception (istithnaa) to a general ruling (hukm), one is restricted to the exact conditions and circumstances relating to that exception, without exceeding the bounds set by the text which describes it. The following example from the Shariah clarifies this point. It is an established fact that wearing of silk clothing is generally prohibited for males. However, there are a few specific and limited exceptions to this ruling, among which is the permissibility of adding silk trim to the sleeves and hem of one's garment. The width of this band of silk trim is specified as a finger's length. (*249) Thus, one would not be allowed to increase this designated measure to say, two or three fingers' length. The condition of an exception to a general ruling of prohibition must be observed meticulously, since that exception is only allowed by virtue of those very specific and stringent conditions. By the same token, it would not be permissible to apply this specific exception regarding silk (for males) to another prohibited material, say for example, garments made from pure golden threads. (*250) Although both silk garments and pure gold woven garments are prohibited for men, it would not be correct to say that a finger's width band of such gold trim may be applied to male garments just as a finger's width band of silk trim may be.