Bid`ah 101 (Hadith No. 2359)

Bismillah.

Ahadith 2357 – 2358 (below) are repeats. See linked text for related posts.

Volume 3, Book 49, Number 859 :
Narrated by Aisha (radiallahu `anhaa)
The following Verse: If a woman fears cruelty or desertion on her husband’s part (i.e. the husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her, but she asks him to keep her and provide for her as he wishes). (4.128) “There is no blame on them if they reconcile on such basis.”

Volume 3, Book 49, Number 860 :
Narrated by Abu Huraira and Zaid bin Khalid Al-Juhani (radiallahu `anhumaa)
A bedouin came and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Judge between us according to Allah’s Laws.” His opponent got up and said, “He is right. Judge between us according to Allah’s Laws.” The bedouin said, “My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, “Your son has to be lashed one-hundred lashes and has to be exiled for one year.” The Prophet (sallallaahu `alayhi wasallam) said, “No doubt I will judge between you according to Allah’s Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile.” He then addressed somebody, “O Unais! go to the wife of this (man) and stone her to death” So, Unais went and stoned her to death.

See 817 in this post.

Today’s Hadith:

Volume 3, Book 49, Number 861 :
Narrated by Aisha (radiallahu `anhaa)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected.”

1.    Definition of bid’ah.

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: “According to sharee’ah, the definition is ‘Worshipping Allaah in ways that Allaah has not prescribed.’ If you wish you may say, ‘Worshipping Allaah in ways that are not those of the Prophet (peace and blessings of Allaah be upon him) or his rightly guided successors (al-khulafaa’ al-raashidoon).’”

The first definition is taken from the aayah (interpretation of the meaning):

“Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained?” [al-Shooraa 42:21]

The second definition is taken from the hadeeth of the Prophet (peace and blessings of Allaah be upon him), who said:

“I urge you to adhere to my way (Sunnah) and the way of the rightly-guided successors (al-khulafa’ al-raashidoon) who come after me. Hold fast to it and bite onto it with your eyeteeth [i.e., cling firmly to it], and beware of newly-invented matters.”

So everyone who worships Allaah in a manner that Allaah has not prescribed or in a manner that is not in accordance with the way of the Prophet (peace and blessings of Allaah be upon him) or his rightly-guided successors (al-khulafa’ al-raashidoon), is an innovator, whether that innovated worship has to do with the names and attributes of Allaah, or to do with His rulings and laws.

With regard to ordinary matters of habit and custom, these are not called bid’ah (innovation) in Islam, even though they may be described as such in linguistic terms. But they are not innovations in the religious sense, and these are not the things that the Prophet (peace and blessings of Allaah be upon him) was warning us against.

And there is no such thing in Islam as bid’ah hasanah (good innovation).”

(Majmoo’ Fataawa Ibn ‘Uthaymeen, vol. 2, p. 291)

2. Categories of bid’ah

Bid’ah may be divided into two categories:

(i)        bid’ah which constitutes kufr

(ii)       bid’ah which does not constitute kufr

If you ask, what is the definition of bid’ah which constitutes kufr and that which does not constitute kufr?

The answer is:

Shaykh Haafiz al-Hukami (may Allaah have mercy on him) said: “The kind of bid’ah which constitutes kufr is when one denies a matter on which there is scholarly consensus, which widely-known, and which no Muslim can have any excuse for not knowing, such as denying something that is obligatory, making something obligatory that is not obligatory, or making something haraam halaal, or making something halaal haraam; or believing some notion about Allaah, His Messenger and His Book when they are far above that, whether in terms of denial of affirmation  – because that means disbelieving in the Qur’aan and in the message with which Allaah sent His Messenger (peace and blessings of Allaah be upon him).

Examples include the bid’ah of the Jahamiyyah, who denied the attributes of Allaah; or the notion that the Qur’aan was created; or the notion that some of the attributes of Allaah were created; or the bid’ah of the Qadariyyah  who denied the knowledge and actions of Allaah; or the bid’ah of the Mujassimah who likened Allaah to His creation… etc.

The second category, bid’ah which does not constitute kufr, is defined as that which does not imply rejection of the Qur’aan or of anything with which Allaah sent His Messengers.

Examples include the Marwaani bid’ahs (which were denounced by the greatest Sahaabah who did not approve of them, although they did not denounce them as kaafirs or refuse to give them bay’ah because of that), such as delaying some of the prayers until the end of the due times, doing the Eid khutbah before the Eid prayer, delivering the khutbah whilst sitting down on Fridays, etc.

(Ma’aarij al-Qubool, 2/503-504)

3- The ruling on one who commits bid’ah – is he regarded as a kaafir or not?

The answer is that it depends.

If the bid’ah constitutes kufr, then the person is one of the following two types:

(i)              Either it is known that his intention is to destroy the foundations of Islam and make the Muslims doubt it. Such a person is definitely a kaafir; indeed, he is a stranger to Islam and is one of the enemies of the faith.

(ii)             Or he is deceived and confused; he cannot be denounced as a kaafir until proof is established against him, fair and square.

If the bid’ah does not constitute kufr, then he should not be denounced as a kaafir. Rather, he remains a Muslim, but he has done a gravely evil action.

If you ask, how should we deal with those who commit bid’ah?

The answer is:

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: “In both cases, we have to call these people – who claim to be Muslim but who commit acts of bid’ah which may constitute kufr or may be less than that – to the truth, by explaining the truth without being hostile or condemning what they are doing. But once we know that they are too arrogant to accept the truth – for Allaah says (interpretation of the meaning), ‘And insult not those whom they (disbelievers) worship besides Allaah, lest they insult Allaah wrongfully without knowledge.’ [al-An’aam 6:108] – if we find out that they are stubborn and arrogant, then we should point out their falsehood, because then pointing out their falsehood becomes an obligation upon us.

With regard to boycotting them, that depends upon the bid’ah. If it is a bid’ah which constitutes kufr, then it is obligatory to boycott the person who does it. If it is of a lesser degree than that, then it is essential to examine the situation further. If something may be achieved by boycotting the person, then we do it; if no purpose will be served by it, or if it will only make him more disobedient and arrogant, then we should avoid doing that, because whatever serves no purpose, it is better not to do it. And also in principle it is haraam to boycott a believer, because the Prophet (peace and blessings of Allaah be upon him) said: ‘It is not permissible for a man to forsake [not speak to] his brother for more than three [days].’”

(Adapted from Majmoo’ Fataawa Ibn ‘Uthaymeen, vol. 2, p. 293)

Taken from IslamQA

Further reading: innovation (bid’ah) and consideration of public interest (maslahah mursalah).

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Rulings on Lending and Borrowing (Hadith No. 2293)

Bismillah.

How about some fiqh today? Here, have a taste! :D

Volume 3, Book 47, Number 795:
Narrated Anas (radiallaahu `anhu):
Once the people of Medina were frightened, so the Prophet (sallallaahu `alayhi wasallam) borrowed a horse from Abu Talha (radiallaahu `anhu) called Al-Mandub, and rode it. When he came back he said, “We have not seen anything (to be afraid of), but the horse was very fast (having an energy as inexhaustible as the water of the sea).”

Lending something to a person who needs it is an act of worship which brings great reward, because it comes under the general heading of co-operating in righteousness and piety.

For lending to be valid, it must meet four conditions:

1 – The one who is lending should be qualified to donate the item, because lending is a kind of donation; so it is not valid on the part of a minor, one who is insane, or a fool.

2 – The borrower should be qualified to receive the donation, so that if he accepts it that will be valid.

3 – The item lent should be something which it is Islamically permissible to benefit from. So it is not permissible to lend a Muslim slave to a kaafir, or to lend hunting equipment to a muhrim, because Allaah says (interpretation of the meaning):

“… but do not help one another in sin and transgression…”

[al-Maa’idah 5:2]

4 – The item lent should be something which can be used but will remain, as described above.

The lender has the right to ask for the item back whenever he wants, unless asking for it back will cause some harm to the borrower, such as when he has borrowed a boat to convey his goods and it is still at sea, or if he asked him to let him use his wall to rest the ends of his wood on – he cannot ask him to give the wall back so long as the ends of his wood are still resting on it.

The borrower has to take better care of the borrowed item than of his own possessions, so that he can return it in good condition to its owner, because Allaah says (interpretation of the meaning):

“Verily, Allaah commands that you should render back the trusts to those, to whom they are due”[al-Nisaa’ 4:58]

This aayah indicates that it is obligatory to render back trusts, which includes items loaned. The Prophet (peace and blessings of Allaah be upon him) said: “Return trusts to those who entrusted you with them.” The texts indicate that it is obligatory to take care of things that have been entrusted to you, and that it is obligatory to return them to their owners in good condition. This general meaning includes items that are loaned, because the borrower is entrusted with them and is expected to return them. He is permitted to benefit from them within the limits dictated by custom, but he is not permitted to be extravagant in his use of them in such a way that he destroys them, or to use them in a way for which they were not designed to be used, because the owner did not give him permission to use them in that way, and Allaah says (interpretation of the meaning):

“Is there any reward for good other than good?”

[al-Rahmaan 55:60]

If the borrower uses it for something other than the purpose for which he borrowed it, and it is destroyed, then he is responsible for it, because the Prophet (peace and blessings of Allaah be upon him) said: “The one who borrows is responsible for what he borrows until he returns it.” (Narrated by the five, and classed as saheeh by al-Albaani). This indicates that it is obligatory to return what one has taken of another person’s property, and that he is not free of responsibility until he has given it back to its owner or the owner’s deputy.

If it is destroyed whilst being used in the proper manner, the borrower is not to be held accountable for that, because the lender gave him permission to use it, and if that happens to an item that he has been permitted to use, then he is not to be held accountable for that.

However, the scholars differed as to whether the borrower is held to be responsible for something that is destroyed whilst he was using it for a purpose other than that for which it was borrowed. One group said that he is to be held accountable for it whether he abused it or not, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him), “The one who borrows is responsible for what he borrows until he returns it.” This would apply in cases where an animal dies, a garment gets burned or a borrowed item is stolen. Another group said that he is not to be held accountable for it if he did not abuse it, because a person cannot be held accountable if he did not abuse it. Perhaps this view is more correct, because the borrower takes it with the permission of the owner, so it is a trust for him, like something with which one is entrusted.

The borrower has to look after the loaned item, take care of it and hasten to return it to its owner when he no longer has any need of it. He should not be negligent concerning the item, or expose the item to the risk of destruction, because it is a trust and because the owner has done him a favour, and

“Is there any reward for good other than good?”

[al-Rahmaan 55:60 – interpretation of the meaning].

[From "Al-Mulakhkhas al-Fiqhi" by Shaykh Saalih ibn Fawzan Aal Fawzaan]

Pet Dogs or Guard Dogs? (Ahadith 2012 – 2013)

Bismillah.

Volume 3, Book 39, Number 515 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Whoever keeps a dog, one Qirat of the reward of his good deeds is deducted daily, unless the dog is used for guarding a farm or cattle.” Abu Huraira (in another narration) said from the Prophet (sallallaahu `alayhi wasallam), “unless it is used for guarding sheep or farms, or for hunting.” Narrated Abu Hazim from Abu Huraira (radiallaahu `anhumaa): The Prophet (sallallaahu `alayhi wasallam) said, “A dog for guarding cattle or for hunting.”

Volume 3, Book 39, Number 516 :
Narrated by As-Sa’ib bin Yazid
Abu Sufyan bin Abu Zuhair, a man from Azd Shanu’a and one of the companions of the Prophet (sallallaahu `alayhi wasallam) said, “I heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, ‘If one keeps a dog which is meant for guarding neither a farm nor cattle, one Qirat of the reward of his good deeds is deducted daily.” I said, “Did you hear this from Allah’s Apostle (sallallaahu `alayhi wasallam)?” He said, “Yes, by the Lord of this Mosque.”

Firstly:

It is not permissible for a Muslim to keep a dog, unless he needs this dog for hunting, guarding livestock or guarding crops.

Muslim (2978) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog that is not a dog for hunting, herding livestock or farming, two qiraats will be deducted from his reward each day.”

Muslim (2943) narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog, except a dog for herding livestock or a dog for hunting, a qiraat will be deducted from his good deeds each day.” ‘Abd-Allaah said: Abu Hurayrah said: Or a dog for farming.

Ibn ‘Abd al-Barr said:

This hadeeth shows that it is permissible to keep a dog for hunting and herding livestock, and also for farming.

Ibn Maajah (3640) narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The angels do not enter a house in which there is a dog or an image.” Classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

These ahaadeeth indicate that it is haraam to keep a dog, except for those which were exempted by the Messenger (peace and blessings of Allaah be upon him).

The scholars differed as to how to reconcile between the reports which speak of one qiraat being deducted and those which speak of two qiraats being deducted.

It was said that two qiraats will be deducted if the dog is more harmful and one qiraat will be deducted if it is less so.

And it was said that that at first the Prophet (peace and blessings of Allaah be upon him) said that one qiraat would be deducted, then the punishment was increased after that, so he said that two qiraats would be deducted in order to put people off from keeping dogs even more.

The qiraat is an amount that is known to Allaah, may He be exalted, and what is meant is that some of the reward for a person’s good deeds will be deducted.

See Sharh Muslim by al-Nawawi, 10/342; Fath al-Baari, 5/9

Shaykh Ibn ‘Uthaymeen said in Sharh Riyaadh al-Saaliheen, 4/241:

With regard to keeping dogs, this is haraam and is in fact a major sin, because the one who keeps a dog, except those for which an exception has been made, will have two qiraats deducted from his reward every day.

It is by the wisdom of Allaah that like calls to like and evil calls to evil. It is said that the kaafirs, Jews, Christians and communists in the east and the west all keep dogs, Allaah forbid. Each one takes his dog with him and cleans it every day with soap and other cleansing agents. But even if he were to clean it with the water of all the seas in the world and all the soap in the world, it would never become pure! Because its impurity is inherent, and inherent impurity cannot be cleansed except by destroying it and erasing it altogether.

But this is by the wisdom of Allaah, and the wisdom of Allaah is that like calls to like and evil calls to Shaytaan because this kufr of theirs is by the inspiration of the Shaytaan and the command of the Shaytaan, for the Shaytaan enjoins evil, immorality, kufr and misguidance. So they are slaves to the Shaytaan and to their whims and desires, and they are also evil and love vile things. We ask Allaah to guide us and them. End quote.

Secondly:

Is it permissible to keep dogs to guard houses?

Answer:

The Prophet (peace and blessings of Allaah be upon him) made only three exceptions to the prohibition on keeping dogs: hunting, guarding livestock and guarding crops.

Some scholars are of the view that it is not permissible to keep a dog for any reason other than these three. Others are of the view that it is permissible to draw analogies between these three and similar or more likely cases, such as guarding houses, because if it is permissible to keep dogs to guard livestock and crops, it is more appropriate that it should be permissible to keep dogs to guard houses.

Al-Nawawi said in Sharh Muslim (10/340):

Is it permissible to keep a dog to guard houses, alleys and the like. There are two points of view. The first is that it is not permissible, because of the apparent meaning of the ahaadeeth, which clearly state that keeping dogs is forbidden except for farming, hunting and herding. The more correct view is that it is permissible, by analogy with those three cases, knowing that the reason that is understood from the ahaadeeth is necessity. End quote.

The view that was classed as saheeh by al-Nawawi (may Allaah have mercy on him), that keeping a dog to guard the house is permissible, was also classed as saheeh by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) in Sharh Saheeh Muslim. He said:

The correct view is that it is permissible to keep a dog to guard the house, because if it is permissible to keep a dog in order to benefit from it, as in the case of hunting, it is more appropriate that one be allowed to keep a dog in order to ward off harm and protect oneself. End quote.

Taken from IslamQA

Waqf (Hadith No. 2004)

Bismillah.

Hadith no. 2003 (below) talks about Riba al-Fadl.

Volume 3, Book 38, Number 506 :
Narrated by Abu Said al-Khudri (radiallaahu `anhu)
Once Bilal (radiallaahu `anhu) brought Barni (i.e. a kind of dates) to the Prophet (sallallaahu `alayhi wasallam) and the Prophet (sallallaahu `alayhi wasallam) asked him, “From where have you brought these?” Bilal (radiallaahu `anhu) replied, “I had some inferior type of dates and exchanged two Sa’s of it for one Sa’ of Barni dates in order to give it to the Prophet (sallallaahu `alayhi wasallam); to eat.” Thereupon the Prophet (sallallaahu `alayhi wasallam) said, “Beware! Beware! This is definitely Riba (usury)! This is definitely Riba (Usury)! Don’t do so, but if you want to buy (a superior kind of dates) sell the inferior dates for money and then buy the superior kind of dates with that money.”

Today’s Hadith:

Volume 3, Book 38, Number 507 :
Narrated by ‘Amr (radiallaahu `anhu)
Concerning the Waqf of ‘Umar (radiallaahu `anhu): It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn ‘Umar (radiallaahu `anhu) was the manager of the trust of ‘Umar and he used to give presents from it to those with whom he used to stay at Mecca.

Waqf means putting aside the original property and donating its benefits for the sake of Allaah. What is meant by the original property is something from which benefit may be derived whilst its essence remains, such as houses, shops, gardens, etc. What is meant by benefits is beneficial produce that comes from the original property, such as crops, rents, provision of shelter, etc.

The ruling concerning waqfs is that the waqf is an act of worship which is recommended in Islam (mustahabb). The evidence for that is the saheeh Sunnah. In al-Saheehayn it is narrated that ‘Umar (may Allaah be pleased with him) said: “O Messenger of Allaah, I have got wealth from Khaybar and I have nothing that is more precious to me than that. What do you command me to do with it?” He said, “If you wish, you can put it aside and give in charity from it (from what it produces), but the original property should not be sold, given away or inherited.” So ‘Umar gave it in charity to the poor and to relatives, used it to set slaves free, gave it for the sake of Allaah, helped wayfarers and honoured his guests. Muslim narrated in his Saheeh that the Prophet (peace and blessings of Allaah be upon him) said: “When the son of Adam dies, all his good deeds come to an end except three: ongoing charity, knowledge from which others may benefit after he is gone, and a righteous son who will pray for him.” Jaabir said: “There was no one among the Companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) who had the means, but he set up a waqf.”

Among the rulings on waqfs is that it is obligatory to act in accordance with the wishes of the one who set up the waqf, so long as it does not go against sharee’ah, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions, except for conditions which make haraam things permissible or halaal things forbidden.” And because ‘Umar (may Allaah be pleased with him) set up a waqf and stipulated certain conditions, and if it had not been obligatory to adhere to the conditions there would have been no point in stipulating them. So if (the person setting up the waqf) stipulates a certain amount, or that some deserving people should be given precedence over others, or that those who are to benefit should have certain qualities or be free of certain qualities, etc., then it should be done in accordance with his conditions, so long as that does not go against the Qur’aan or Sunnah.

If he does not stipulate any conditions, then rich and poor, male and female, should be treated equally when given the benefits of the waqf.

If he does not designate a specific person to be in charge of the waqf, or if he designates a specific person then that person dies, then the one to look after the waqf should be the one for whom it was set up. If the waqf was not set up to benefit a particular person, such as a waqf set up for a mosque a mosque, or for people who cannot be counted, such as the poor and needy, then the ruler should take care of the waqf, either in person or by delegating someone else to do it.

The person who takes care of the waqf has to fear Allaah and do a good job in taking care of the waqf, because that is something that has been entrusted to him (amaanah).

More on the rulings related to Waqf here.

Auction (Hadith No. 1846)

Bismillah.

Auction (Bay` muzayadah) is the offering of goods for sale in a market by a seller, with numerous buyers competing to offer the highest price. This process ends with the seller selling the goods to the highest bidder.

Islam permits selling by auctions and does not forbid it, according to the most correct and well-known opinion of the scholars. This is based on the following evidence:

Volume 3, Book 34, Number 351 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
A man decided that a slave of his would be manumitted after his death and later on he was in need of money, so the Prophet (sallallaahu `alayhi wasallam) took the slave and said, “Who will buy this slave from me?” Nu’aim bin ‘Abdullah bought him for such and such price and the Prophet (sallallaahu `alayhi wasallam) gave him the slave.

Ibn Hajar said: Ibn Battaal replied that the words of the Prophet (peace and blessings of Allaah be upon him) in this hadeeth, “Who will buy this slave from me?” indicate that he was offering him to the highest bidder so that the needs of the bankrupt man for whom he was selling him could be met. (Fath al-Baari, 4/354).

2. ‘Ataa’ said: I met some people who saw nothing wrong with selling booty to the highest bidder. (Narrated by al-Bukhaari in Kitaab al-Buyoo’ (the book of sales), Baab bay’ al-Muzaayadah (Chapter: selling by auction)).

Rational evidence:

In an auction, the vendor offers his goods for sale, and the purchaser offers to buy them for a certain price. If the vendor does not accept that price, that is the end of the matter and there is no transaction. The he will say, “Who will offer more?” A second purchaser can then offer a higher price, and so on.

In this case, each offer is a separate and independent deal, and there is nothing wrong with that.

For more on auctions, read this.