Friday, November 11, 2011

-7- Mostalah (Hadeeth) Class

MOSTALAH (HADEETH) CLASS BY ABU ABDULLAH
8th November, 2011

Bismillah



Today we will talk about the topic of abrogation
--we have been working on hadeeth and then Quran
--and now we will talk about a topic that links the two (link topic)
--Allah has given us the ahkam which organizes our lives
--e.g. washing 5 times a day in wudu makes us hygienic
--Muslims are clean people
--if somebody transgresses against a neighbor there is a ruling to judge that
--an eye for an eye, tooth for a tooth for example

And We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. (Al-Ma'idah 5:45)

This is a law set by Allah to arrange our lives
--however these laws are made by Allah and He has the right to change them according to His plan
--e.g. someone who drinks alcohol in an Islamic state has a certain punishment
--however at some stage this ruling was different
--at first Allah said these things only make you not able to concentrate
--then Allah said stay away from it, then He made it haram
--so there are 3 different rules
1.it affects your concentration,
2. Stay away from it, and
3. Haram


Even in a democratic state they change the rule to fill the loop holes
--but with Allah there is no loop hole
--in the beginning Allah did not say flog the drinker
--He said do not go near salah

O you who believe! Approach not As¬Salāt (the prayer) when you are in a drunken state until you know (the meaning) of what you utter, (An-Nisa 4:43)

--because you can’t even stand much more recite

These 3 stages are called abrogation
--it is an issue Allah Sees in the human being like being able to stay away from drinking
--so Allah makes the haram gradual
--these are rules that may change but now they can’t
--this is called abrogation in Islam
--people that hate Islam have been using this as a way to attack Islam
--people ask how does this happen?

Abrogation happens when a rule replaces another rule
--Allah said in surah 2:106

Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allah is able to do all things? (Al-Baqarah 2:106)

In surah 73:
--Allah ordered the Rasul (saw) to pray in the night except a little (from 12am to 7am)

O you wrapped in garments (i.e. Prophet Muhammad SAW)! (Al-Muzzammil 73:1)

Stand (to pray) all night, except a little. (Al-Muzzammil 73:2)


--then in the next ayat it said half of it or little less than half of it (from 12 till 3:45)

Half of it, or a little less than that, (Al-Muzzammil 73:3)


--then it said in the next ayat or a little bit more (from 12- 3:45 or 4:15)

Or a little more; and recite the Qur'an (aloud) in a slow, (pleasant tone and) style. (Al-Muzzammil 73:4)

--then it said in the next ayat

Verily, We shall send down to you a weighty Word (i.e. obligations, legal laws, etc.). (Al-Muzzammil 73:5)

--then the revelations stopped for a while
--the obligations came to him and he practiced them during this time

This I say took place in 2 stages:
1. In the first stage it’s from 12-7
2. Then from 12-3:45

--Allah knew people will not be able to stand up all night
--so He abrogated the first ayat with another
--Allah is the All Knowing so He makes it easier for us
--this change did not come out of nothing, but from His knowledge
--in the beginning the Rasul (saw) needed to be like that
--but later Allah changed it
So Quran can abrogate Quran

In surah 2:183
O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqûn (the pious - see V.2:2). (Al-Baqarah 2:183)

[Observing Saum (fasts)] for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast, it is better for you if only you know. (Al-Baqarah 2:184)


--Allah put the ruling of fasting
--that we should all fast
--but then in the next verse (184) it brought excuses for those that can’t fast
--for the sick, traveller, old, they have the choice to fast or feed a poor person
--or to do the same days afterwards

The month of Ramadan in which was revealed the Qur'an, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month, and whoever is ill or on a journey, the same number [of days which one did not observe Saum (fasts) must be made up] from other days. Allah intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days), and that you must magnify Allah [i.e. to say Takbir (Allahu-Akbar; Allah is the Most Great) on seeing the crescent of the months of Ramadan and Shawwal] for having guided you so that you may be grateful to Him. (Al-Baqarah 2:185)

Allah gave a chance for those finding it difficult in ayat 184
--but this was abrogated in ayat 185
--Allah said if you are ill or on a journey you can do the same days afterwards
--so the same rule holds
--however Allah abrogated the feeding of the poor
--there is no more feeding in ayat 185
--so this is Quran abrogating Quran

The trouble will start when we now talk about the Sunnah abrogating Qur’an
--the ulama say yes, this is possible
--Allah said in surah 53:3 that the prophet talks not from his desires
--therefore if he tells you something to abrogate Qur’an you have to accept

Nor does he speak of (his own) desire. (An-Najm 53:3)

In surah 2:180

It is prescribed for you, when death approaches any of you, if he leaves wealth, that he make a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqûn (the pious - see V.2:2). (Al-Baqarah 2:180)

--in this ayat Allah gave a duty to the muttaqeen
--to make a bequest when death approaches them
--and then Allah in surah 4 gave us how to do this and arrange our wealth
--the share of inheritance for the boy and girl is given
--in calculation by right in sharia law

There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share. (An-Nisa 4:7)

Allāh commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allāh. And Allāh is Ever All¬Knower, All¬Wise. (An-Nisa 4:11)


And then Rasul (saw) came and said there is no bequest to an inheritor
--what does this mean?
--it means the person already in the book will take his share
--but there is no need to write a will for this
--even though in ayat 180 Allah said it’s a duty to bequest
--so we take it as an abrogation and accept it
--that the person does not have to write anything for the inheritors in a will
--this is Sunnah abrogating Qur’an

The Prophet (SAW) said: “Allah has given to everyone with a right, his right. There is no bequest for an inheritor.” [Sunan al-Tirmidhî, Sunan Abû Dâwûd, Sunan al-Nasâ’î, and Sunan Ibn Mâjah]

Now we will talk about Sunnah abrogating Sunnah
--the Rasul (saw) with the companions went to a house to bring somebody
--when they arrived the man was with his wife in bed
--but when he heard the voice that the Rasul was there for him
--he forgot everything and left the wife on bed
--he just put on his clothes and left but didn’t tell the prophet what he was doing
--so when salah came the Rasul (saw) asked him to perform wudu and pray
--but he cannot lie to Allah and his Rasul, so he told him what had happened
--the Rasul then told him he needs to do ghusl only if he had discharged liquid
--this was the Sunnah until we learned from Aisha a different rule

She said the Rasul said if you are in bodily touch with your wife you need to make ghusl
--so we have 2 ahadeeth and the ulama said the first was abrogated
--because she was his wife and lived with him till his death
--and so her hadith carries more weight
--this was Sunnah abrogating Sunnah

So we have 3 abrogations
1. Qur’an abrogating Qur’an
2. Sunnah abrogating Qur’an
3. Sunnah abrogating Sunnah


Now how do we decide if the abrogation is possible or not
--in terms of the 3rd one we learn from the circumstances of the situation
--e.g. the issue with the brother was abrogated by what Aisha said because
--her opinion stands more than any other sahabah
--because it’s a matter of marital life
--so if there is an abrogation we go to the ulama
--who know when the sahabi was with the Rasul (saw)

E.g. if Hamza gives us a hadith and Abu Huraira gives another opinion of it
--we take that of the latter because his opinion is more recent
--e.g. Ali also has more access to Rasul (saw) than ibn Abbas
--so his opinion bears more weight
--so the scholars set out these rules for us in a table form
--these rules were mentioned in a hadith in which it said Ali was a better judge
--and Abdullah ibn Mas’ood was a better Qur’an reciter
--these rules did not come out haphazardly
--and the ulama decided to keep them for reasons

In terms of Qur’an we have the classification into Makki and Madani
--this agreement is just a code and the former
--stands for surahs revealed before Hijra and the latter after Hijra
--e.g. the ayat in surah 5:3 was revealed in Mecca during hajj but it’s called a Madani ayat
--because it was revealed after hijra

This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islām as your religion. (Al-Ma'idah 5:3)

So the surah after hijra abrogates the surah before hijra
--there are many ayats that tell us to bear patience
--and then many ayats that talk about jihad
--those on patience were Makki ayats and those on jihad are Madani ayats
--so the Madani ayats take preference over the Makki ayats
--the Makki does not abrogate the Madani if the hukum are not the same
--these are what we should take into account when defending our religion

There is nothing that says Allah has abrogated events of history
--all the aqaaid (issues of aqeeda) are also not abrogated
--Allah is one and this will never change
--what changes is the ahkam
--so we tell our enemies that the abrogations are not in aqeeda
--but in ahkam
--we Muslims understand why Allah abrogates an ayat with another
--Allah wants for us what is easy and better

Allāh intends for you ease, and He does not want to make things difficult for you. (Al-Baqarah 2:185)

400 years ago there was a king who slept with his wife during daylight of Ramadan
--and we know this nullifies fasting unless you release 2 slaves fisabilillah
--nothing else can give you rest
--so he gathered the ulama and asked them what he should do
--they told him to release 2 slaves
--he said ok that’s easy for me
--but then one ulama told him to stop and that the ruling is not right here
--he said the king has many slaves and so this will make him not fast
--because he can intentionally sleep with his wife during the days of Ramadan
--and then free 2 slaves from among the many he has
--so the ruling does not apply to the king
--and rulings can be abrogated depending on the circumstance

There is a ruling about cutting the hand of a thief
--during the time of Umar (ra) he stopped this because there was famine
--so he said a person that stole to feed his family don’t cut his hand
--so that when times get better he can get a job and work

Another rule is the mut’a of hajj
--it means going to mecca for umrah and then wait to do hajj also
--this was a rule the Rasul (saw) made available
--however when the Rasul was alive it was possible for people to come to mecca
--because the people were small
--but during the time of Umar the number of Muslims increased
--mecca became very small and spread of disease was easy
--Muslims could come from Africa with some kind of disease and this
--would spread to all the Muslims in a short period
--so he stopped the rule of mut’a of hajj
--but this came back after the conditions were better

So Umar abrogated the ruling of the Rasul (saw)
--and this is perfectly ok
--mecca cannot take everybody for hajj and to save Muslims
--the ruler has the ability to abrogate rules

But you can’t go on abrogating out of your own will
--e.g. abrogating salah, jihad and jihad preparation etc.
--it has to be something accepted by all
--it has to be ijmaa among the scholars
--unanimous and agreed upon

We tell people that the abrogations are in the rules
--and this has been there since beginning of creation
--Prophet Adam's children married their sisters
--but this changed with time till it became haraam
--so it’s a ruling that has been abrogated
--and no Christian or Jew can deny this because it’s in their books
--in the book of the Jews a man can divorce and marry many wives
--but according to the Christians this changed so this is abrogation in itself
--so we tell them look at your own book because it has abrogations

Next dars will be on hadith insha Allah
--please revise the previous Mostalah lessons
--we said there can be 4 pitfalls with the sanad;
1. Mursal
2. Munqatee
3. Moallaq
4. Moadal


--the next thing we will talk about also is AL ILAL
--it is a huge subject
--al illa means diseases
--so it means a hadith that is ill
--why it is ill we will talk about this in next class insha Allah