. Y""" (cont.)

These matters would fall into this gray or doubtful area with respect to the scholars only. (2) For the non-scholar who is adhering to a school of fiqh or following the opinions of specific scholars, a matter in which there is a difference of opinion among the scholars is a doubtful or questionable matter. This is not how some everyday people currently view the matter. They say that if one scholar says something is permissible, it is then permissible for them to follow that scholar and do that act. On the contrary, argues al-Shaukaani, if one scholar says the act is permissible while another says it is forbidden, then the non-scholar who is following those scholars should refrain from that deed because it has now definitely fallen into the realm of doubtful matters.2 (3) Some permissible matters lead a person to do what is forbidden or lead him to fail to perform what is obligatory, those permissible maters then fall under the category of doubtful matters. An example al-Shaukaani gives is the permissibility of "enjoying one's wife" without sexual intercourse while she is menstruating. He states that if a person is one who cannot control his desires and he may easily do what is not permissible under such circumstances, that permissible act of "enjoying his wife" now becomes doubtful for him as it may lead him to what is forbidden. Therefore, it is best for him to avoid it. 3 1 Muhammad ibn Ali al-Shaukaani, Kash/ al-Shubuhaat an al-Mushtabihaat, in Muhammad ibn Ali al-Shaukaani, al-Rasaail al-Salafiyyah ft lhyaa Sunnah Khair al-Bariyyah, (Maktabah ibn Taimiya, 1930), passim. 2 What this also means, as al-Shaukaani pointed out, if one scholar says an act is obligatory and the other says it is recommended, then the follower must perform that act as that is the safest approach. To not perform that act, arguing that it is only recommended, would be the same as falling into the doubtful matters. 3 Al-Shaukaani also states that he does not like for men to get married to more than one wife, unless there is a real need to do so, if that act will then make him have to rely on others for help Commentary on the 40 Hadith of al-Nawawi (4) The disapproved of matters (makroohaat) are considered by al­ Shaukaani to be from the doubtful matters. They are doubtful because, he argues, there is nothing explicitly showing them to be permissible or to be forbidden. Furthermore, he quotes many scholars who noted that if a person involves himself often in disapproved matters, it will lead him to forbidden matters. One reason for this is that the disapproved acts darken a person's heart and he looses the strong light of faith. Hence, it becomes easier for him to fall into the forbidden. ( 5) The matters concerning which there is doubt whether they are permissible or not due to circumstances surrounding them. An example of this nature, concerning the sone of the slave-girl of Zama and the Prophet's wife, shall be given later. ( 6) Those matters for which the proof for their unlawfulness is only to be found in weak hadith (albeit not very weak or fabricated hadith). Al­ Shaukaani argued that, ifthe weakness is slight, then one cannot say for certain the hadith is not correct. Hence, the matter becomes a doubtful matter. Al-Shaukaani states that the evidence that the first two categories are from the doubtful matters is the narration that states about the doubtful matters, "About which not many people are knowledgeable." The other categories are supported by the hadith which states, "Place between you and the forbidden a barrier of permissible acts. Whoever does that keeps his honor and religion free of any guilt."1 Although this hadith may be hasan, the weakness in al-Shaukaani's argument here is that this is a completely separate hadith and is not a hadith which is explicitly giving a definition for what is doubtful. Furthermore, al-Shaukaani argues that based on that hadith, all matters are divided into three categories: (1) those matters that the shareeah orders one to perform and threatens those who do not perform with punishment; (2) those matters that the shareeah orders one to refrain from and threatens the one who performs them with punishment; (3) those that are in between. The matters in (1) are clearly permissible, those in (2) are clearly forbidden and those in (3) are the doubtful matters. He then says that the matters in (3) should be avoided or if it makes him give up some recommended deeds (such as gaining knowledge) because now he will have to spend his time making more money to support his bigger family. He says that there is no question that having a larger family is one of the greatest causes driving people to spend all of their time seeking after the needs of this world. Cf., Al-Shaukaani, Kash/, pp. 17-18. 1 Recorded by ibn Hibbaan. According to al-Amaoot, its chain is hasan. See al-Amaoot's footnotes to al-Faarisi, vol. 12, p. 380. Hadith #6: "The Permissible is Clear ...