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Chapter 163 of 5614 min read
الفصل 163
Another scholar may have rejected that hadith, knowing that it is not authentic, and he therefore holds a different opinion about the question at hand. The possible causes for confusion and difference of opinion are many. However, as this hadith demonstrates, the correct view on a particular question is one and not many. Unfortunately, though, many people may be unaware of the correct opinion. Different Cases of Doubt and How to Deal with Them In some cases, an act may be clearly forbidden or permissible. However, some things might arise that cause a person to be confused. He is now no longer certain of what he was certain of before. The scholars have also discussed what should be done in such cases. In general, confusing cases may be divided into three types. 1 The first type is where there is something that the person knows is forbidden but then he has some doubt about whether the forbidden aspect has been removed. An example is the meat of animals. It is forbidden for the Muslim to eat meat unless it has been slaughtered in the proper manner. If he does not know or has no reason to believe that it has been slaughtered properly and by acceptable people, then he should not eat it as it then becomes like the doubtful matters that he should avoid. Actually, in this case one can say that it is forbidden to eat as the original ruling is such meat is forbidden unless one has reason to believe otherwise. 2 This principle is based on the hadith under discussion here and the hadith of Adi just mentioned above. (There is one exception to this and that is the case where a trustworthy Muslim offers another some food. It is sufficient, in that case, to assume that the food is halaal and one need not ask about the food.) The second category is the opposite of the first: something is definitely permissible for someone and then he has some doubt about whether or not its permissible nature has been removed. For example, a man is married to a certain woman yet he has some doubt in his mind whether or not he 1 Obviously, there can be other types of cases that may lead to uncertainty. However, for the ऱeneral purposes of the discussion here, the above categories are considered sufficient. Some people are under the misconception that the basic or original ruling concerning meat is that it is permissible unless proven otherwise. It can be demonstrated from many hadith, including the one from Adi above, that this is incorrect. Al-Nawawi once wrote, "[This is an] important principle that if a person has a doubt about the proper slaughtering of an animal to make it legal to eat, then such meat is not allowed. This is because the original ruling (al-asl) is that of prohibition. And there is no difference of opinion on this point." Al-Nawawi, Sharh, vol. 13, p. 78. Ibn Rajah also makes the same statement that meat is not permissible unless one is certain that it meets the qualifications for permissibility. Ibn Rajah, Jaami, vol. 1, p. 198. For more on this point, see Abdullah al-Tiraiqi, Ahkaam al-Dhabaa'ih wa al-Luhoom al Mustawaradah fl al-Shareeah al-Islaamiyya (Riyadh: Published by its author 1983), pp. 432433. Hadith #6: "The Permissible is Clear ... " pronounced a divorce for her. In a case like this, the person should consider the matter permissible until he is certain that it has become forbidden. The basis for this category is the hadith of Abdullah ibn Zaid who had some doubt about whether he had invalidated his ablution and he was told to consider his ablution valid unless he was certain that he had invalidated it. There is a very important legal maxim that states, "What is known for certain cannot be removed by something doubtful." The third category is where the person has some doubt about something and he has no idea if it is permissible or forbidden as both are possible and there is no overwhelming evidence for either conclusion. In this case it is better for the person to avoid the matter completely. This is based on the action of the Prophet (peace be upon him) who, when he found a date on the ground, said, "If I did not fear that it was from what has been given in charity, I would have eaten it." (Recorded by al-Bukhari and Muslim.) This is because it was not allowed for the Prophet (peace be upon him) to accept charity or sadaqa. But this does not mean that the person should avoid those things concerning which there is no sound evidence that he should avoid them. For example, if someone finds some water that looks pure, that is, its color, smell or taste has not changed, then he should not avoid it simply because he fears that there might be some impurities in it.