Wednesday, July 6, 2011

Ahkam Al Takfeer -1- (06/07/11) - Abu Baraa

At-Tawaqquf means to stop - for you to stop short of affirming or declaring a stance on something

--an example of this is when the prophet s.a.w was asked if thul Qarnayn was a Nabee or not
and rasool s.a.w makes tawaqquf on that so we do not say he is a Nabee neither deny it

At-Tawaqquf is a form of Tafweedh - to give up a decision to Allaah

-- The word "Allaahu A3lam" is usually used at the end of a Fatwa
-- There are different types of Tawaqquf
--Some are dispraised, some praised
and some between the two

-- 1) You can have the Tawaqquf of the Mu3tazila which is different from the Ahlus Sunnah
-- when the Mu3tazila were asked that if somebody commits an act of Kufr , even kufr doona kufr, they said "he is neither a kaafir nor a believer but he is someone between the two (kufr and imaan)


It is narrated on the authority of Abu Huraira: A fornicator who fornicates is not a believer as long as he commits fornication... (MUSLIM, Kitab al-Iman)

-- this form of Tawaqquf is a deviation from the Aqeeda of the Ahlus Sunnah Wal Jamaa3ah

-- 2) At-Tawaqquf At-Tayassur

-- When you believe that a person is a kaafir or a Mu'min but they would not declare it or mention it clearly

-- That could be praiseworthy or dispraised
-- It could be that he does it under duress
-- Like the one who is imprisoned
-- He doesn’t have to declare to the Kuffaar everything
-- Because he is under duress

-- This is a Rukhsa (Permit) for him
-- Like the example of Bilaal Ibn Rabaah and Ammaar Ibn Yaasir

Whoever disbelieved in Allâh after his belief, except him who is forced thereto and whose heart is at rest with Faith, but such as open their breasts to disbelief, on them is wrath from Allâh, and theirs will be a great torment. (SURAH NAHL 16:106)

-- Somebody under duress, life or death situation, doesn’t have to speak the truth to protect oneself.

-- Unlike he who is not under duress, but is just hiding himself coz he is scared.

A Salaf said: “The one who is silent about the truth is a silent devil, while the one who speaks falsehood is a speaking devil.”

Those to whom We gave the Scripture (Jews and Christians) recognise him (Muhammad SAW or the Ka'bah at Makkah) as they recognise their sons. But verily, a party of them conceal the truth while they know it - [i.e. the qualities of Muhammad SAW which are written in the Taurât (Torah) and the Injeel (Gospel)] (2:146)

-- When you know the truth and refuse to say it openly then that is a form of disgrace
-- Another form of that is that when you do it purely out of Hisbiyya

-- The last type of Tawaqquf is, At-Tawaqquf At-Tathabbut
-- when u stop and hold back from making takfeer on somebody until you verify the issue
-- this form of tawaqquf is the Manhaj of the Ahlus Sunnah Wal Jamaa3ah
-- you need to verify the reality of the issue from the text of the Qur'aan and also about the person himself, whether he is under duress or not etc.

-- khudaamah ibn math3oon and yazeed ibn abee sufyaan
-- they made ta'weel on an aayah, ..... they said we are believers we do good deeds and repent so its not haraam for us to drink alcohol

-- this is not accepted
-- because you cannot make Ijtihaad on issues which are known of deen by necessity

Those who believe and do righteous good deeds, there is no sin on them for what they ate (in the past), if they fear Allâh (by keeping away from His forbidden things), and believe and do righteous good deeds, and again fear Allâh and believe, and once again fear Allâh and do good deeds with Ihsân (perfection). And Allâh loves the good-doers. (Al Maida 5:93)

-- To make Tawaqquf in order to verify is part of the way of the Ahlus-Sunnah
-- What things to we need to verify?

-- In terms of the Takfeer we need to verify

-- 1. If you hear a rumour : where did it come from
-- who initiated this news : if the person is a liar, then end of story
-- did the person hear, see it ( the information ) (rumour)
-- You need to verify if the rumour is true

-- is it true : even if the person is trust worthy .. the news must be verified
-- you see someone standing outside the pub (bar) : you think that he must have been drinking in the pub : but he may have been waiting for the bus : (you didn’t realise there was a bus stop there)
-- what did you REALLY see or heard

-- so and so said... : ends up in Chinese whispers

-- we need to have evidence from Quran and Sunnah to say that something is haram
-- you have to also verify if he did the kufr Akbar (major kufr) or kufr asghar (minor kufr)
-- and if its kufr Akbar you have to still check if its something known of deen by necessity
-- lets say the person has committed kufr : is it known by necessity in the deen or is it that which the layman wouldn’t normally know

-- also you need to see is it from al masaa'il al jaliyya or khafiyya? (the clear cut matters or obscure matters)

-- the person who has just embraced Islam yesterday : yet he does not believe in Jibreel : maybe he has not been told yet? -- or has he been given the hujjah and still denied : then he cannot claim jaahil, he has denied : therefore he has committed kufr

-- you have established he has done it : you have established that its kufr Akbar : you need to check further
-- check him : is he young, is he insane, is he in prison or free?
-- where does he live? how long has he been Muslim?
-- is he living far away from the Muslims : or is he living in an isolated place without access to knowledge?

-- verify : the circumstances of the action
-- did he commit it while he was under duress?
-- did he commit the action while he was tied up and being lashed : it would not be kufr ( he was under duress )
-- the heart may be full of eman in this situation

-- it could be that he may have said a word of kufr by mistake
-- a slip of the tongue
-- you need to know the circumstances and verify that

-- also : the third issue : verify his own wording and interpretation of what he said
-- he could have said : my brother the Jew : meaning blood brother

-- you cannot make takfir on him who says this
-- or did he say that Jews and Christians brothers in faith :
-- claiming that Allah said so in the Quran

-- what is at-tathabbut (verification) and its hukm
-- and the lack of verification (3adm at-tathabbut)
-- the causes of lack of verification
-- and asbaab 3adm at tathabbut
aathaar 3adm at tathabbut (the impact of non verification)

-- 3ilaaj 3dm at tathabbut (the cure for non verification)
--At-Tathabbut Wa At-Tabayyun (Verification)

O you who believe! If a Fasiq (liar — evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done. (49:6)

-- One Qir'aah has " fa tabayyanoo " and the other has " fa tathabbatoo "
-- from this aayah there are 2 things you have to check

-- 1) the one who came to you is the person a faasiq or not?

-- two sahabis had a problem with each other in jaahiliyyah : the collector of zakah didn’t go to the other Sahaba to collect the zakat : the collector of the zakah made up that the other man had refused to pay his zakah :

-- he told rasool salah Allahu alayhe wasalam : the rasool sent for the man : and the man told him, I was waiting for the collector to come to me : -- from this we learn that even if the person is not a faasiq we should verify

-- is he a liar, is he known to mix the information received or exaggerates ?

-- before you get to the news that he gave you : is he a liar or does he repeat anything he hears etc
-- maybe he is trustworthy : but he has a bad memory
-- is he prone to hallucinations : look to the persons reality carefully

-- 2) the Naba' (the story itself you need to verify)
-- did it really happen
-- so then we look at the story itself : did it really happen? : and what was it that happened
-- if you don’t check it, you will be calling people kufaar out of your own ignorance
-- this is the one that makes takfir out of ignorance : in Hadith Rasool : the takfir returning to the one who makes takfir (and the person is not a kaafir)
-- when you hear a rumour and spread it everywhere and realize afterwards it wasn’t true you going to regret it
-- you spread many rumours, then you realise that the rumour is not true : then you will regret it
-- you don’t need to verify good news

O you who believe! When you go (to fight) in the Cause of Allâh, verify (the truth), and say not to anyone who greets you (by embracing Islâm): "You are not a believer"; seeking the perishable goods of the worldly life. There are much more profits and booties with Allâh. Even as he is now, so were you yourselves before till Allâh conferred on you His Favours (i.e. guided you to Islâm), therefore, be cautious in discrimination. Allâh is Ever Well Aware of what you do. (An Nisa 4:94)

-- This Tathabbut (verifying and investigating) is essential in deen

-- The definition of Tathabbut acc to the Salaf - To exhaust effort to seek the reality of a thing / matter whether it is the truth or not
-- continued next week inshaAllah

QUESTION :: do we take off any1 who is under duress?

-- some of the ulema said, it can be excusable if under duress : we will cover this next week insha Allah

QUESTION :: salaam walaykum akhi, jzk Allahu khayer 4 the talk. If i meet an auntywho has little knowledge of the deen and i want to give her dawa, and she expresses that she doesnt like hijab, and thinks people should wear what they like, this is just ignorance? her parents also rejected hijab, she is from muslim country, shukran

-- for this she is given first of all the excuse of ignorance : show her the hujjah