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Commentary on the Forty Hadith of al-Nawawi The Concept of Umoom - a/-Muqtadha (Allowing for more than one needed assumption to be made) I I I I To Reject the Concept:One can To Accept the Concept: One can only assume the minimum that is assume all the assumptions that necessary for the original will fit and allow the original sentence to make complete sense sentence to make complete sense I I Those who Reject the Concept: Those who Accept the Concept: The Hanafis as a whole, selected other scholars such as Many Shafi'ees, Malikis and al-Ghazaali, al-Raazi Hanbalis I I Resulting Understanding of this Resulting Understanding of this Hadith: Only the sin of the acts Hadith: The sin and the worldly done by mistake, out of ruling of the acts done by mistake, forgetfulness or under coercion out of forgetfulness or under coercion are overlooked and are overlooked and pardoned pardoned I I Implication: Unless there is Implication: Unless there is evidence to show otherwise, the evidence to show otheMse, the woTdly ruling of a deed is not worldly ruling of a deed is overlooked or pardoned simply overlooked or pardoned simply because the act was done by because the act was done by mistake, out of forgetfulness or mistake, out of forgetfulness or under coercion under coercion Figure 39.5 The Results and Implications of Accepting and Applying Umoom al-Muqtadhaa Specific Statements Concerning this Particular Hadith. In his commentary to this hadith, the Shafi'ee al-Haitami has aptly followed the approach that is representative of many Shafi'ees: [The words of the hadith] could imply either the ruling of the deed or its sin or both of them together. The last option is most apparent. This is because there is no evidence to make any of the other views stronger. So the hadith must be left as implying Hadith #39: "Allah has pardoned . . . " both of them and to specifying it to mean only the second [that is, just the sin] is itself in need of evidence. What we stated is not contradicted by the fact that the mistaken person must pay wealth or blood money or that the one who prayed out of forgetfulness while not in a state of ablution or while having an impurity must repeat his prayer... because those issues are beyond the realm of this hadith due to separate evidences that govern those cases. Hence, the hadith applies to both [the sin and worldly] ruling unless there is evidence to show otherwise. 1 Ibn Hajr, another Shafi'ee scholar, also stated in Fath al-Baari that the hadith, "Allah has pardoned ... " refers to both the ruling and the sin, as opposed to those who restrict it only to the sin.2 It seems, though, that most scholars would hesitate in going that far with this particular hadith. For example, Ibn Rajab, a Hanbali scholar, is clearly in agreement with the Hanafis with respect to this particular hadith. He wrote, The most apparent viewand Allah knows bestis that those who forget or are mistaken are forgiven in the sense that there is no sin upon them. This is because sin is the result of intention and purpose. The one who forgets and the mistaken person have no purpose in that act, so there is no sin upon them. But as for removing the ruling from them, that is not what is meant by these texts. For those matters, to deny or affirm the ruling, one must seek other evidence.3 Al-Nawawi, a Shafi'ee, also agrees with ibn Rajab's approach.4 Furthermore, al-Bugha and Mistu, who are also Shafi'ees, explicitly agree with the interpretation of ibn Rajab.5 Al-Zarkashi, one of the leading Shafi'ee legal theorists, wrote, The sin of a mistake is removed. That is what is meant by the Prophet's (peace be upon him) words, "Raised from my Nation are mistakes and forgetfulness." As for the ruling concerning matters related to the rights of humans, the one who acts intentionally and the one who is mistaken are exactly alike. The same is also true for some of the "rights of Allah" . . . 6 1 Al-Haitami, Fath, p. 274. 2 Quoted in al-Khinn, p. 1 58. 3 lbn Rajab, Jaami, vol. 2, p. 369. 4 Al-Nawawi, Sharh al-Arbaeen, p. 1 45. 5 See al-Bugha and Mistu, p. 33 1 . 6 al-Zarkashi, vol. 2, 122. Commentary on the Forty Hadith of al-Nawawi Indeed, ibn al-Najaar and Majid al-Deen ibn Taimiya state that this is the understanding of the majority of the Shafi' ees. 1 It should be noted that this difference of opinion among the legal theorists is not simply a theoretical matter. Indeed, it has numerous practical implications and resultant differences of opinion. One example of that nature shall be presented later when the question of the one who speaks during the prayer out of forgetfulness is discussed. Another example is the question of a man having been coerced or forced to state a divorce of his wife.