. JI ದ : ; (cont.)

In other words, its meaning is, "There is not to be dharar or dharaar." This manner of speech, using a statement of a fact to imply a prohibition, is not uncommon in the Arabic language.1 Ahmad al-Zarqaa also points out that in this statement the Prophet (peace be upon him) has denied or ruled out the existence of any form or type of dharar. This manner of speech is stronger or further reaching than simply saying that something is prohibited or warning people about performing an act.2 Furthermore, as al-Zarqaani pointed out, dharar and dharaar are in the indefinite forms. When something is both in the negative and in the indefinite, as is the case here, then the term is taken in its most general meaning, applying to all forms of dharar and dharaar. So, unless proven by other evidences of the Quran or sunnah, all forms of dharar or dharaar are absolutely prohibited.3 This brief statement of the Prophet (peace be upon him) has been understood in many different ways. Again, the hadith basically says, "No dharar and no dharaar." The meaning of dharar and the dharaar as well as the 1 al-Zarqaani, vol. 4, p. 40. 2 Ahmad al-Zarqa, Sharh al-Qawaaid al-Fiqhiya (Daar al-Gharb al-Islaami, 1983), p. 1 1 3. 3 Al-Zarqaani, vol. 4, p. 40. In addition, this is a case of negation through the use of the all­ encompassing word, "la," literally meaning, "No." This also implies generality of the statement or, in other words, the fact that all forms of dharar and dharaar are prohibited. Commentary on the Forty Hadith of al-Nawawi difference between them needs to be established first before the hadith can be commented upon in more detail. One interpretation of the hadith is that the two words dharar and dharaar simply mean the same thing, "harming," and have been stated together as a type of emphasis. This was the view of ibn Habeeb. 1 After mentioning this opinion, al-Zarqa mentions a principle that bas been alluded to more than once in this work: To understand a different phrase or word as giving new meaning to a sentence takes precedence over understanding it simply as giving empbasis.2 Therefore, this interpretation must be considered a weak interpretation. Furthermore, the words are in two different forms and there is no proof to consider one as an emphasis of the other. A second interpretation is that dharar means that no one is to be harmed, meaning that a person who is being harmed is not required to be patient and take that harm, while dharaar means that no one is to harm anyone else. A third interpretation is the view of al-Khasbaani. He stated that dharar is a case where a person gets some benefit from something while his neighbor is harmed by it. Dharaar, on the other hand, is reference to a case where the person himself enjoys no benefit from something while it is harmful to bis neighbor.3 According to al-Haitami, this particular view is completely baseless as there is no evidence to restrict the understanding in this manner.4 Al-Baaji, on the other hand, understands this view to mean that dharar is in reference to an act by which someone benefits but which, unfortunately, harms others. On the other hand, dharaar is an act by which no one benefits and only harm is brought about upon others. 5 Al-Baaji seems to favor a fourth interpretation. He says that dharar is in reference to one person harming, for example, his neighbor. On the other hand, dharaar is where each one of the two parties is harming the other, perhaps one in response to the harm from the other. This is much closer to the linguistic look of the word dharaar. It seems to be in the reciprocal form which implies that two parties are involved in the act.6 Yet another interpretation is given by ibn Abdul Barr. He says that dharar means to harm someone else. Dharaar refers to harming someone in response to some harm that was received from the other person but not in the manner that is correct or just according to the law. Hence, dharaar refers to 1 Quoted in Sulaimaan al-Baaji, Al-Muntaqa Sharh Muwatta al-lmaam Maalik (Beirut: Daar al­ Kitaab al-Arabi, n.d.), vol. 6, p. 40. 2 Al-Zarqa, p. 1 1 3. 3 Quoted in al-Baaji, vol. 6, p. 40. 4 Al-Haitami, Fath, p. 237. 5 Al-Baaji, vol. 6, p. 40. Al-Zarqaani (vol. 4, p. 40) and lbn Abdul Barr (in al-Magharaawi, vol. 12, p. 12) reproduced the different interpretations originally presented by al-Baaji. 6 This is known as the form mufaailah, where the act is being done by both parties. For example, the word qitaal means two parties or individuals fighting each other and not just one fighting the other. Hadith #32: "There is not to be Causing of Harm . . . " responding to someone's harm in an improper way that goes beyond the limits of what is right and just.