. J (cont.)

" These Companions were surprised that simply by fulfilling one's desires one would be rewarded. The Prophet (peace be upon him) responded in a way that made it clear to all of them how that could be the case. In the same way that one is punished for doing something forbidden, one is rewarded for doing something permissible (with the intent that it a permissible act). Analogous Deduction as a Tool of Legal Reasoning This hadith is one of the many evidences that the scholars use to support using analogy (qiyaas) as a tool of legal reasoning. Historically speaking, the Dhahiris (Literalists) and Shiites have rejected qiyaas as a part of legal argumentation. 3 The authentic evidence, though, is clearly against their view. Qiyaas, in general, is defined by Kamali in the following manner, Technically, qiyaas is the extension of a Shariah value from the original case, or asl, to a new case, because the latter has the same effective cause as the former. The original case is 1 Al-Nawawi, Sharh sahih, vol. 3, p. 44. 2 Al-Haitami, Fath, p. 205. 3 The Dhahiri school seems to be having more and more of an influence these days, especially among those who try to follow the Salafi approach. It must be understood, though, that their literalist approach was not the approach that was passed on by the Prophet (peace be upon him) to his Companions and from them to their students. Hadith #25: Acts of Charity regulated by a given text and qiyaas seeks to extend the same textual ruling to the new case. It is by virtue of the commonality of the effective cause, or illah, between the original case and the new case that the application of qiyaas is justified. A recourse to analogy is only warranted if the solution of a new case cannot be found in the Quran, the Sunnah or a definite ijma [consensus]. 1 In particular, this hadith demonstrates the validity of qiyaas al-aks ("analogy for the opposite case"). This is where the opposite conclusion is made in a parallel case where the effective legal cause of the original case is absent. For example, punishment is the result of doing what is forbidden. The ruling is punishment and the legally effective cause that led to that punishment is the forbidden act. If this effective cause is missing, in other words, if a permissible rather than a forbidden act is performed, the opposite ruling will be concluded. Thus, in the case of a permissible act, instead of punishment one receives a reward. 2 Qiyaas al-aks is not considered a strong form of qiyaas in comparison to the other types of qiyaas. Some legal theorists have even rejected it as a type of qiyaas. Al-Nawawi states that this hadith is evidence that it is acceptable.3 However, it is only to be applied or accepted when certain conditions are met. Other Points Related to This Hadith • The path to pleasing Allah is very wide and affording. If a person is not able or good at performing one type of good deed that is pleasing to Allah, he may be able to fulfill other important deeds that are just as pleasing to Allah. The important point is that one should not miss the opportunity to please Allah by performing the deeds that are within his ability. • Virtually everyone has the ability to perform some acts of "charity". There is no excuse for any Muslim not to perform the simple acts of charity that may bring him great reward from Allah. • A Muslim should never overlook any good deed. Even a deed such as smiling when meeting one's brother is very pleasing to Allah and will be recorded for the person as an act of charity. • Every believer should take advantage of the good deeds that are within his capability. He does not have to worry about the good deeds that are beyond his means. Instead, he must look to see what it is he is capable of and perform those deeds. Perhaps the deed that the person is able to perform, 1 Kamali, p. 248. 2 For more on qiyaas al-aks, see Muhammad Farghali, Buhooth fl al-Qiyaas (Cairo: Daar al­ Kitaab al-Jaamii, 1983), pp. 81-87; Ramadhaan al-Lakhmi, Dirasaat Usooliyah fl Hujjiyat al­ ૰iyaas wa Aqsaamahu (Cairo: Daar al-Huda, 1 985), pp. 191-196. Al-Nawawi, Sharh sahih, vol. 7, p. 92. Commentary on the Forty Hadith of al-Nawawi although he may not realize its importance, is more pleasing to Allah than the deeds that are beyond his means. • It is permissible to have a desire for the good that other people possess. For example, a poor person or an ignorant person may be desirous of having the wealth or knowledge of others; but this want is not permissible if it is accompanied with a malicious intent. For example, it is not allowed for a person to wish for what another person has while also wishing that the other person no longer have that good.