. J "" (cont.)

5 Mustafa al-Khinn, Athar al-lkhtilaaf fl al-Qawaaid al-Usooliyyah fl lkhtfilaaf al-Fuqahaa ঃBeirut: Muassasah al-Risaalah, 1 996), p. 155. Al-Amidi actually seems to be unclear on this point as sometimes he seems to reject it while at other times he seems to accept it. 7 Cf., Abu Haamid Muhammad al-Ghazzaali, al-Mustasfa min llm al-Usool (Daar Saadir), vol. 2, p. 6 1 ; Saif al-Deen Ali al-Amidi, al-lhkaam fl Usool al-Ahkaam (Beirut: Daar al-Kutub al­ Ilmiyyah, 1 983), vol. 2, pp. 363-364; Fakhr al-Deen al-Raazi, al-Mahsool fl llm al-Usool ংRiyadh: Muhammad ibn Saud Islamic University, 1979), vol. 1 , part 2, pp. 625-626. Al-Allaamah al-Bannaani, Haashiyyah ai-Bannaani ala Sharh al-Jalaal Shams al-Deen Muhammad al-Muhala ala Matn Jama al-Jawaami lil-lmaam Taaj al-Deen Abdul Wahaab al­ Subkee (wa bi-Haamishi: Taqreeraat al-Sharbeeni (Beirut: Daar al-Fikr, 1982), vol. 1 , p. 402. Hadith #39: "Allah has pardoned . . . " Those who Accept the Concept of Umoom al-Muqtadhaa. Some Shafi'ee scholars do explicitly accept the concept and seem to be willing to apply it to the hadith under discussion here, "Allah has pardoned . . . " Al-Hisni argues in its favor. 1 One of their arguments is that when a statement is in need of assuming some non-stated components, one cannot state that one assumption is stronger than the other. Hence, if all are possible, all such assumptions must be made as otherwise one is making a conclusion without overriding evidence for it.2 Another argument is that the problem of assuming too much is considered a lesser problem than too much vagueness.3 Abu al-Khattaab, the Hanbali, presents one of the strongest arguments in favor of accepting umoom al-muqtadhaa by referring to this hadith, "Allah has pardoned ... " He says that if this hadith is in reference to the sin only, there would be nothing special about this Nation of the Prophet Muhammad (peace be upon him). He states that in all of the previous laws the one who forgot was not held considered sinful.4 That argument would be a very strong argument if there was definite proof that all the previous laws did not consider such people sinful.5 Others who accept the concept and application of umoom al­ muqtadhaa6 include "the family of Taimiya"7, ibn Qudaama and Abdul Qaadir ibn Badraan of the Hanbalis. 8 In sum, from this perspective, unless there is specific evidence regarding a particular issue, it is understood that this hadith implies that both the sin of the act is pardoned as well as some of the consequences related to this world. The implications of these two approaches to umoom al-muqtadhaa and their implications for this particular hadith are shown in Figure 39.5. 1 Al-Hisni, vol. 2, p. 272. 2 With respect to the particular hadith under discussion here, "Allah has pardoned for my Nation [what is done] mistakenly, out of forgetfulness or under duress," most of the texts on Islamic legal theory reproduce it with the wording, "Allah has removed from my nation ... " Based on that wording, the Shafi'ee scholars also argue that the complete removal of consequences in both this life and the Hereafter is much closer to the wording of hadith and, therefore, it is what must be understood from the hadith. Cf., al-Khinn, p. 1 55. 3 Cf., al-Hisni, vol. 2, p. 272. 4 Abu al-Khataab was quoted in Muwafaq al-Deen Abdullah ibn Qudaamah, Raudhah al­ Naadhir wa Junnah al-Munaadhir (Riyadh: Maktabah al-Maarif, 1 984), vol. 2, p. 5 1 . 5 The hadith to be presented later concerning the revelation of the last three verses of surah al­ Baqara seems to contradict the argument presented by Abu al-Khataab. 6 Often times in the discussion of the concept of umoom al-muqtadhaa there is an explicit mention of this hadith, "Allah has pardoned ... " 7 "The family of Taimiya" is in reference to Majid al-Deen Abdul Salaam, Shihaab al-Deen Abdul Haleem and Taqi al-Deen Ahmad ibn Taimiya. For their discussion of this point, see Shihaab al-Deen Abu al-Abbaas al-Hanbali, al-Musawwadah fl Usool al-Fiqh (Beirut: Daar al­ Kitaab al-Arabi, n.d.), pp. 90-96. 8 Cf., Abdul Qaadir ibn Badraan, Nuzhat al-Khaatir al-Maatir [Sharh Raudhat al-Naadhir wa Junnah al-Munaadhir], (Riyadh: Maktabah al-Maarif, 1984), vol. 2, pp. 50-52.