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Chapter 158 of 5614 min read
الفصل 158
Your son is to be lashed one hundred times and banished for one year. And, go, 0 Unais, to the woman and if she confesses, stone her." (Recorded by al al-Bukhari.) Similarly, if the worldly transaction is one that the shareeah has explicitly prohibited, it shall also be rejected. For example, a marriage contract between a woman and man who were suckled by the same foster mother would be null and void. This is because such a contract is explicitly prohibited by the shareeah. Sometimes one of the essential conditions of a contract is not met and, therefore, that act is rejected. For example, if a woman gets married without the consent of her guardian, her marriage is null and void. If a person buys something from somebody without the owner's consent, such a purchase is null and void. An explicit example that ibn Rajah presents is the case of buying something through an interest transaction. He says that the person who has 1 More details of this law are given in the commentary to Hadith #14. Hadith #5: "Whoever Introduces ... " purchased such does not become the rightful owner and he must return what he purchased. This is based on the hadith in Sahih Muslim in which the Prophet (peace be upon him) noticed some dates that were not from his dates. He inquired about them and he was told that they bought those dates by trading two sas (a physical quantity) of their dates for one sa of the other dates, which were of a better quality. The Prophet (peace be upon him) then said, ,,.. ,,.. means "who" - "avoids" - "clears himself' - "for his religion" - "his honor" - "falls into" - this is a compound word; the c!l means, "like," while the -rl)I is a shepherd. The origin of the word -rl)I is one who guards or protects someone or something else. Over time, it customarily began to be used for shepherd. 1 - "around" - "private pasture" - this refers to a deed that is close to happening. In this hadith, it means something close to, "soon". - this is a compound word; the J means, "for," and JS means "every". - "king" - this is an exclamatory expression. It is meant to make sure that the speaker has the listener's attention. Hence, it is a sign of the importance of the upcoming statement. I - "body" ल - "wholesome" ylill - "the heart" Takhreej This hadith is sahih. It was recorded by al-Bukhari, Muslim, Ahmad, Abu Dawood, al-Tirmidhi, ibn Maajah, al-Nasaai and numerous others. Hadith with very similar meaning have been narrated by the Companions Abdullah ibn Umar, Ammaar ibn Yaasir, Jaabir, ibn Masood and ibn Abbaas. Many of those narrations from other Companions, however, have weak chains to them.2 1 Al-Haitami, p. 1 18. The Prophet (peace be upon him) stated in another hadith, using this word, that everybody is a "guardian" and he shall be asked about that which he is to guard. 2 lbn Muhammad, pp. 68-72. Hadith #6: "The Permissible is Clear. .. " General Comments On This Hadith This hadith lays down some of the most important principles of Islam. As was noted earlier, Abu Dawood, the scholar of hadith, once stated that Islam is built upon four hadith, this being one of them. Indeed, this hadith covers all of the possible acts: the permissible, forbidden and doubtful. It also shows how to protect one's religion and honor. Finally, at the end, it points out the key to following the permissible and remaining away from what will harm a person. The Narrator: al-Nu'maan ibn Basheer Abu Abdullah al-Nu'maan ibn Basheer al-Ansaari al-Khazraji was one of the first Muslims born to the Ansaar of Madinah. He was quite young, probably around ten years of age, when the Prophet (peace be upon him) died. 1 During the time of Muawiya, he held different governmental posts in Kufah and Hims. He was well-known for his speaking ability and poetry. He was killed in Hims around the year 64 A.H. In Sahih al-Bukhari, there are six hadith narrated from al-Nu'maan. In the other works, the total of his hadith comes to about 1 16. Many of these hadith he may not have heard directly from the Prophet (peace be upon him) but from the older Companions. However, there is a clear narration that al Nu'man heard this particular hadith directly from the Prophet "with his own ears." "That which is lawful is plain and that which is unlawful is plain and between the two of them are doubtful matters." In this hadith, the Prophet (peace be upon him) has divided all acts into three categories: those clearly permissible, those clearly forbidden and those between the first two. Each one of these categories shall be discussed separately.2 1 According to the scholars of hadith, hadith cannot be taken from a child. However, if a child had heard and memorized something while he was a child and then later narrated it to others, that is acceptable.