. J "" (cont.)

1 Ibn al-Qayyim wrote, "If one ponders over the sources of the Law and what they point to, it will be made clear to him that the Lawgiver has discarded any statements whose meanings the speaker did not intend but which have come from him unintentionally, like in the case of the one who is sleeping, has forgotten, is drunk, is ignorant, is under duress or is mistaken." Ibn al-Qayyim, llaam, vol. 3, p. 1 07. 2 Ibn Humaid, p. 249. Hadith #39: "Allah has pardoned . . . " General Introduction to the Concept of Legal Capacity Before continuing with the commentary to this hadith, some general points about legal capacity need to be stated. A person is considered fully legally capable if there are no impediments to his acting in a correct matter. First and foremost, the person must be living, adult/mature, intelligent and sane. As long as a person is sane and mature, he is considered a responsible agent. However, even when a person is adult and sane, there may be other circumstances that affect his actions. Although he remains a responsible agent and must continue to fulfill his obligations, these other circumstances may make him act in a way that he did not complete intend. The aspects mentioned by the Prophet (peace be upon him) in this hadith are called, by the legal theorists, "circumstances affecting legal capacity" (ÎÏI u Commentary on the Forty Hadith of al-Nawawi evil] it earns. Our Lord! Punish us not if we forget or make a mistake." [The Prophet (peace be upon him) then said,] "Yes, [it is so]."1 "Our Lord! Do not lay on us a burden as You did upon those before us." [The Prophet (peace be upon him) again] said, "Yes [it is so]." "Our Lord! Impose not upon us [burdens] which we have not the strength to bear." [The Prophet (peace be upon him) again said,] "Yes [it is so]." "Pardon us and grant us protection and have mercy on us. You are our protector, so grant us victory over the disbelieving people" [al-Baqara 286). He again said, "Yes." (Recorded by Muslim.) According to al-Bugha and Mistu, among the Tribes of Israel, if they did something wrong out of forgetfulness or if they did something mistakenly, Allah would still hold them to account and punish them for that such an act.2 Ibn Katheer mentions this hadith, "Allah has pardoned ... " in his discussion of the verse, g H ̺̻̼ c. ੶Ư JI x':J lj ΛΜ r.+c. tD "He [the Prophet (peace be upon him)] releases them [the people of the Book who embrace Islam] from their heavy burdens and the yokes that were upon them" (al-Araaf 1 57).3 That is to say, it was part of the Prophet's mission to remove those hardships and difficulties that were placed upon the earlier peoples. Part of those hardships, as ibn Katheer understood, was being held completely responsible for what they did out of, for example, forgetfulness and mistake. Allah knows best, most likely those more stringent and difficult regulations for the previous peoples were due to their own intransigence and refusal to submit willingly to Allah's commands. This is implied in the above hadith where the Prophet (peace be upon him) has warned the Muslims not to be like the earlier peoples who said, "We hear and disobey." According to al-Sharnoobi, being pardoned for the acts done by mistake or out of forgetfulness is something special for this Nation. That is why Muslims have been taught the above supplication, "Our Lord, punish us not if we forget or make a mistake." This supplication is made as way of seeking the continuance of that great blessing upon this Nation.4 1 There is actually no narration that explicitly states that it was the Prophet (peace be upon him) who said, "Yes." However, it is understood that even if this came from the Companion who narrated it, he must have received that information from the Prophet (peace be upon him) himself as this is not an area open to personal reasoning. 2 Al-Bugha and Mistu, pp. 329-330. 3 Ibn Katheer, Tafseer, vol. 2, p. 283. 4 Al-Sharbooni, p. 82. Hadith #39: "Allah has pardoned . . . " "[what is done] mistakenly" Hasan has given the following definitions for khata1 (mistake) as found in some of the standard references on Islamic legal theory: Mistake (khata') is a deed or word which springs forth from a man without his intention as the result of carelessness by his directly pursuing a matter which is other than the one intended by him ... Mistake (khata') is a deed performed by a man without intending it perfectly2 ...