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Chapter 159 of 5614 min read
الفصل 159
Such was the case with this hadith of the Prophet (peace be upon him). 2 Imam Ahmad was of the opinion that there are three categories: the purely permissible, the purely forbidden and the purely doubtful. However, that does not seem to be correct according to the remainder of this hadith. On another occasion, he said that the doubtful is that wherein legal aspects are mixed with forbidden aspects. This is probably closer to the definition given here. Based on this point, he stated that if a person's wealth was mostly from forbidden sources, then other Muslims should not take part in his food and hospitality. However, if it were mostly from permissible sources, then one may take part in his food. (Cf., lbn Rajah, Jaami, vol. 1, p. 199200.) Makhool and al-Zuhri were of the opinion that one could eat or partake of another person's wealth as long as he knew that the particular food he was eating or wealth he was using was not from the forbidden sources. Cf., ibn Rajah, Jaami, vol. 1 , p. 201. Commentary on the 40 Hadith of al-Nawawi At the outset, though, it should be noted that, especially for the scholars and knowledgeable people, the vast majority of acts fall into one of the first two categories. The minority of acts are from the doubtful matters. , Furthermore, the more important a matter, the more in number and the clearer the evidences are regarding it. For example, committing shirk is a greatly forbidden act. Hence, the proofs regarding it are numerous and unequivocal. Similarly, heinous crimes like adultery and alcohol consumption have been forbidden in no unclear terms. This is part of the grace and mercy of Allah that He has sent this religion and message in a way that is very clear and easy to understand. The Clearly Permissible There are innumerable acts that are clearly permissible and sanctioned by the Shariah. In some cases, they are explicitly mentioned as being permissible while in other cases it is clear that they fall under the general guidelines of the Quran and sunnah. For example, Allah has said in the Quran, J / J / JJ / ., ,., J .z,., / b.e / ,., J ,,... J ., ,J ҪŴj Ǭ J: u\ 1;_,r vw\ rŴJ c '/.,J;J\ tSJ J:i rftll "This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them" (al-Maaidah 5). In other cases, different expressions make it quite clear that the act is permissible. For example, "there is no sin upon ... " is an expression that means that the act is, at the very least, permissible. The permissibility of such acts, therefore, is unquestionably clear. The Clearly Forbidden In the same way that some acts are very clearly stated to be permissible, other acts are very clearly stated to be forbidden. The clarity of the proofs concerning such acts is very clear. An example of this nature is in the following verse, / ,,, ,., ,,,. ,., J. ., ,., / ;:;; ,., ., ,., J / !. x./· y' 'I/ "' \ .'.':1 z / {\ I// .. ...:._ \\ ,|/ J ·'\/ !.:::}/ 'I ~/ ો) J..../ Al.I ૌ 1...4) J..h ) i....U J F I / // / ,,... / / / / / ࣀ? j D JI} ls »1 ҫ:JI /1L-t L:j Ҭlj L֗Jjlj asmdk i\j \...,. : r .. • u- .. , .. ... ..rऐ .Ji J / / / / .,,., ). .., / / &,,,,. J M ,., ,,,. / j_". D'? --{/'l'E lyQ / .. aI ".. ; 01_, \ ? "Forbidden for you are only carrion and blood and swine-flesh and that which has been slaughtered in the name of any other than Allah and that which has Hadith #6: "The Permissible is Clear ... " been killed by strangling, or by a violent blow or by a headlong fall or by the goring of horns and that which has been [partly] eaten by a wild animal, unless you are able to slaughter it [before its death], and that which is sacrificed on altars. [Forbidden] also is to use arrows for seeking luck. All that is disobedience to Allah and sin" (al-Maaidah 3). Included in this category of clearly forbidden acts is every act for which Allah or His Messenger (peace be upon him) has prescribed a punishment or concerning which He or His Messenger (peace be upon him) has made a threat of punishment. Identification of the Doubtful Matters The first question to be addressed here is: What exactly are the doubtful matters? Al-Shaukaani has the most detailed discussion concerning this question and his categories need to be dealt with here. 1 He stated that the doubtful matters are of six varieties. They are: ( 1) Those acts concerning which the relevant evidence, such as verses of the Quran or hadith, are conflicting and there is no apparent way to resolve the conflict.