Saturday, December 22, 2012

-427- Hadeeth Number 17

SHARH OF THE 40 HADEETH OF IMAM AN NAWAWI: HADEETH NUMBER 17

By Shaikh Abdullah Faisal
11.01.2012 (Night Dars)

NOTES typed by AT3
Edited and Formatted by AT38 and AT7


Bismillah...


HADITH NUMBER 17:

الحديث السابع عشر
«عن أبي يعلى شداد بن أوس رضي الله تعالى عنه عن رسول الله صلى الله عليه وآله وسلم قال إن الله كتب الإحسان على كل شئ، فإذا قتلتم فأحسنوا القتلة وإذا ذبحتم فأحسنوا الذبحة، وليحد أحدكم شفرته وليرح ذبيحته» .
رواه مسلم.

On the authority of Abu Ya’la Shaddad bin Aws (RA) that the Messenger of Allah (SAW) said: Verily Allah has prescribed ihsan (proficiency, perfection) in all things. So if you kill then kill well; and if you slaughter, then slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters." It was related by Muslim.


BIOGRAPHY OF ABU YA’LA SHADAD BIN AWS
-the narrator bin Aws was a sahabi from Madina
-he was a scholar and a relative of the poet of the prophet (saw)
-anytime we do something we should do it properly

Verily, Allāh enjoins Al-Adl (i.e. justice and worshipping none but Allāh Alone - Islāmic Monotheism) and Al-Ihsān [i.e. to be patient in performing your duties to Allāh, totally for Allāh's sake and in accordance with the Sunnah (legal ways) of the Prophet SAW in a perfect manner], and giving (help) to kith and kin (i.e. all that Allāh has ordered you to give them e.g., wealth, visiting, looking after them, or any other kind of help, etc.): and forbids Al-Fahshā' (i.e all evil deeds, e.g. illegal sexual acts, disobedience of parents, polytheism, to tell lies, to give false witness, to kill a life without right, etc.), and Al-Munkar (i.e all that is prohibited by Islāmic law: polytheism of every kind, disbelief and every kind of evil deeds, etc.), and Al-Baghy (i.e. all kinds of oppression), He admonishes you, that you may take heed. (An-Nahl 16:90)

-we should do things well because your reputation is at stake
-if you don’t do it well it is because you lack sincerity
-you should do the task well
-when you do things properly you make a name for yourself
-you should do things properly and perfectly

Narrated 'Aisha: The Prophet said, "Do good deeds properly, sincerely and moderately, and receive good news because one's good deeds will not make him enter Paradise." They asked, "Even you, O Allah's Apostle?" He said, "Even I, unless and until Allah bestows His pardon and Mercy on me." [Sahih Bukhari (8/98) No. 6463]

-Allah has commanded you to be just
-and do things with perfection
-the hadith means that only by the mercy of Allah we go to paradise
-we are not pious enough to go by our deeds

You make a name for yourself when you do things properly
-some mechanics work under a tree but fix your car properly
-not like some who half-fix the car to make you come back for more work
-the one who worked under a tree and did well ended up with a huge garage
-and has 20 mechanics working under him
-he is CEO of his company
-a good reputation can make you a millionaire
-you cannot buy a good reputation

عن عائشة، أن رسول الله صلى الله عليه وسلم قال: «إن الله عز وجل يحب إذا عمل أحدكم عملا أن يتقنه»

Narrated Aisha (r.a): who said the messenger of Allah (saw) said that Allah loves that any of you who does an act should do it properly and he should complete the action [Musnad Abu Ya'la (7/349) No. 4386, al-Mu'jam al-Awsat al-Tabarani (1/275) No. 897, Shu'ab al-Eman al-Bayhaqi (7/233) No. 4931]

-if you are the CEO of a computer company and have a worker who doesn't fix well
-you need to fire him because he will bring your company to disrepute
-it is deception for you to collect money to fix something and the job was not done

Abu Hurayra (RA) reported that the Messenger of Allah (SAW), said, "Anyone who carries arms against us is not one of us. Anyone who cheats us is not one of us." [Sahih Muslim, Book 1, Hadith #182]

-as a Muslim you should do anything in life with perfection
-for example when wiping the table you should not wipe around the plate on the table
-but you should lift up the plate and wipe

Some do not build properly, do not mix cement properly and so the building collapses 
 -sometimes bridges collapse
-sometimes the government say that they will sue a company for malpractice
-sometimes you have to sue doctors for malpractice
-some leave knives or equipment inside after operations
-dentist and doctors are sued, this is not haraam in Islam
-because your health is sacred
-if dentist extracted wrong tooth you can sue him
-why didn't he check with x-rays to get it right

Your reputation depends on the work that you do
-the largest Muslim country in the world is Indonesia
-more than 250 million Muslims
-but they did not become Muslim by the sword
-the Muslims dealt fairly with them as opposed to others
-so they became Muslims
-they said that the correct religion must be the one fair in dealings
-you build your honour and open many doors by being correct
-if you do otherwise you get a bad reputation and become bankrupt

The CEO of a company has to fire people on daily/weekly/monthly basis
-he can't have workers who don't perform
-they will bring the company into disrepute
-customers will take their business elsewhere
-the lacking worker must be fired
-he does things half way

If you are teacher or lecturer, do your research, before you deliver your speech
-you will not stick to the topic if you do not plan

If a mechanic, do not put Taiwanese parts in a car and say that they are from japan
-Taiwanese parts do not last as long as Japanese parts
-people will sell you fake things for original
-they will put copies of the original and charge you for original

It was narrated from Rifaa’ah ibn Raafi’ (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The merchants will be raised on the Day of Resurrection as evildoers, apart from those who fear Allaah and are honest.” Narrated by al-Tirmidhi (1210), al-Daarimi (2/247), Ibn Maajah (2146) and Ibn Hibbaan (11/276).

It is very important to do things right in life
-even making love to your wife you have to do it properly
-if you don't you have not fulfilled her conjugal rights
-foreplay is Sunnah
-selfishness is not to be in the bedroom

…So if you kill then kill well…

In the hadith: if you kill; kill well
-you can kill a Muslim but not murder him

13 OCCASIONS WHEN IT IS ALLOWED TO KILL MUSLIMS

1. APOSTASY

On the authority of Ibn Abbas (RA) narrated the Messenger of Allah (SAW) said: "If somebody (a Muslim) discards his religion, kill him." [Sahih Bukhari (4/61) No. 3017, Musnad Ahmad (1/322) No. 2968, Sunan al-Nasa'i (7/104) No. 4059, Sunan Ibn Majah (3/574) No. 2535, Sunan Abu Dawud (4/126) No. 4351, Sunan Tirmidhi (4/59) No. 1458]

It is not for a believer to kill a believer except (that it be) by mistake, and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e Diya) be given to the deceased's family, unless they remit it. If the deceased belonged to a people at war with you and he was a believer; the freeing of a believing slave (is prescribed), and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money - Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allāh. And Allāh is Ever All¬Knowing, All¬Wise (An-Nisa 4:92)

And whoever kills a believer intentionally, his recompense is Hell to abide therein, and the Wrath and the Curse of Allāh are upon him, and a great punishment is prepared for him. (An-Nisa 4:93)

-this law can only be applied in darul Islam

Proof that every apostate is not killed: Abu Bakr did not kill all of them
-Abu Bakr didn't take them to the battlefield
-Umar did and they fought well
-they did not betray Allah and His rasul (saw)
-the heart does not remain the same
-some get married and then divorce; change of heart
-Umar set out to kill the prophet (saw) but became Muslim instead

(They say): "Our Lord! Let not our hearts deviate (from the truth) after You have guided us, and grant us mercy from You. Truly, You are the Bestower." (Aali Imran 3:8)


2. MURDER
-a man killed a man in Saudi but the family forgave him
-they said he had to memorise the Quran while in prison
-the family can ask blood money/death/or forgive him

Narrated By 'Abdullah: Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." [al-Bukhari (6878) and Muslim (1676)]

3. ADULTERY

4. RAPE

5. SODOMY

Ibn ‘Abbas (RA) said: The Messenger of Allah (SAW) said: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.” [Sunan Tirmidhi (4/57) No. 1456, Sunan Abu Dawud (4/158) No. 4462, Sunan Ibn Majah (3/594) No. 2561, Musnad Ahmad (1/300) No. 2732]

Ibn Qudamah said: "If two women engage in lesbian sexual relations, then they are guilty of zina and are cursed, because it was narrated that the Prophet (SAW) said: “If a woman has sexual relations with another woman, then they are both guilty of zina.” There is no hadd punishment for them because they did not have intercourse, rather it is likened to intimate relations that are less than intercourse, and they are to be subjected to a ta’zeer punishment." [al-Mughni (9/61)]

-only kill gay in Islamic state
-lesbians only get 100 lashes
-lesbian sex is fake
-ta'zeer means you can decide the lash amount
-ta'zeer e.g. a man kisses a girl you cannot flog him 100 lashes, 10 is given

It was narrated from Abu Bardah al-Ansari that he heard the Messenger of Allah (SAW) say: "No one should be given more than ten lashes except in the case of one of the hadd punishments of Allah.” [al-Bukhari (6850) and Muslim (1708)]

-based on Ibn Qudaama, you can only give 10 lashes to the lesbian


6. BESTIALITY

Narrated By Abdullah ibn Abbas: The Prophet (SAW) said: "If anyone has sexual intercourse with an animal, kill him and kill it along with him." I (Ikrimah) said: I asked him (Ibn Abbas): 'What offence can be attributed to the animal?' He replied: 'I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it.' [Sunan Abu Dawud (4/159) No. 4464, Sunan Tirmidhi (4/56) No. 1455, Musnad Ahmad (1/269) No. 2420]


7. ARMED ROBBERY

Narrated Anas: Some people from `Uraina tribe came to Medina and its climate did not suit them, so Allah's Apostle (SAW) allowed them to go to the herd of camels (given as Zakat) and they drank their milk and urine (as medicine) but they killed the shepherd and drove away all the camels. So Allah's Apostle sent (men) in their pursuit to catch them, and they were brought, and he had their hands and feet cut, and their eyes were branded with heated pieces of iron and they were left in the Harra (a stony place at Medina), till they died. [al-Bukhari (6802) and Muslim (1671)]


8. SPYING


9. DRUG SMUGGLING

The recompense of those who wage war against Allāh and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. (Al-Ma'idah 5:33)


10. CONSPIRATOR

Ibn Umar narrated: 'Umar Ibn al-Khattab (RA) killed seven people because they had collaborated in killing one man. (People questioned Umar why he did this) and he answered: "Had all the people of Sana'a (Yemen) conspired to kill a Muslim, I would have killed them all."' [Sunan al-Kubra al-Bayhaqi (8/73-74) No. 15975, Muwatta Imam Malik (2/871) No. 13, Musannaf Ibn Abi Shaybah (5/429) No. 27695]


11. INCEST

-you kill both

Narrated By Al-Bara' ibn Azib: I met my uncle who was carrying a standard. I asked him: 'Where are you going?' He said: 'The Apostle of Allah (SAW) has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property.' [Sunan Abu Dawud (4/157) No. 4457, Sunan al-Nasa'i (6/109) No. 3332, Sunan al-Darime (2/205) No. 2239, Musnad Ahmad (4/290) No. 18580]

Ibn Abbas reported that the Holy Prophet (saw) said, “Any man who commits the crime of incest must be put to death and any man who cohabits with an animal both him and the animal must be put to death”. (Sunnan Ibn Majah No.2564 also Naylul Awthaar Vol. 7 pg.118)


12. PAEDOPHILIA
-when they cause death or sodomised the child
-the one who is close to the child/ paedophile and incest
-you have to interview the child
-if he goes to bed with a girl who is not menstruating
-he is a paedophile


13. HABITUAL DRINKER

Narrated Mu'awiyah ibn AbuSufyan: The Prophet (SAW) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them. [Musnad Ahmad (4/96) No. 16915, Sunan Abu Dawud (4/165) No. 4485, Sunan Ibn Majah (3/604) No. 2573, Sunan Tirmidhi (4/48) No. 1444, al-Sunan al-Kubra al-Nasa'i (5/142) No. 5280]

-laa qawada illa bis saif (kill them with a sword)
-there is no execution without a sword
-this is a weak hadith

لا قود إلا بالسيف [Daraqutni, Bayhaqi]

There is no execution except by the sword. [Daraqutni, Bayhaqi]

-you can throw someone from a height for execution
-the sahabah killed gays by throwing them from heights
-you can take them in a helicopter and throw them out

There is a difference of opinion concerning the punishment for the one who commits sodomy. The following are the opinions that were mentioned by Imam Ash-Shawkani in "Nayl Al-Awtar" , Vol. 7/p122-124.
1) That he is killed with the sword, then burnt. This is narrated from Abu Bakr and 'Ali Ibn Abi Talib.
2) That a wall should be collapsed upon him. This was the opinion of 'Umar and 'Uthman.
3) That he should be thrown from the highest building in the city, then that should be followed up with him being pelted with rocks. This was the opinion of Ibn 'Abbas.
4) That he is stoned. This is narrated by Al-Bayhaqi from 'Ali Ibn Abi Talib, Ash-Sha'bi, Az-Zuhri, Malik, Ahmad, Is'haq, and Ash-Shafi'i.
5) That they are burned. This was narrated by Al-Bayhaqi, that Abu Bakr gathered the Sahabah and 'Ali mentioned this, and the Sahabah agreed upon it. It was also mentioned by Al-Munthiri that it was done by Abu Bakr, 'Ali, 'Abdullah Ibn Az-Zubayr, and Hisham Ibn 'Abdil-Malik.
6) That he is stoned, then burnt with fire. This is narrated from the Sahabah agreeing upon it in the time of Abu Bakr.
7) That the punishment is the same as Zina, in that if he is a virgin, he is whipped, and if he is not, then he is stoned.
8) That there is no prescribed punishment, rather it is left up to the Imam to perform Ta'zir, and this was narrated from Abu Hanifah, and one narration from Ash-Shafi'i, and others.
Ash-Shawkani refutes the opinion of the punishment being the same as Zina, as well as the opinion that there is only Ta'zir, and supports the opinion that he is killed, but does not appear to specify which way of killing is the strongest.

-Shiites were killed by Ali with fire

…and if you slaughter, then slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters." It was related by Muslim.

When you slaughter an animal, do it well
-the prophet (saw) said make sure the knife is sharp
-do not kill one animal in front of another
-you face the ka’ba when you slaughter

The slaughter must be done by Muslims, Christians or Jews- Maliki madhab
-Hanafi and Hanbali say it has to be done by Muslims only
-they make pronunciation of ‘Bismillah’ a condition for the meat to be halal

In Ugandan constitution only Muslims can run slaughterhouses
-Maliki’s say that “Bismillah is not a condition
-you say ‘Bismillah’ before you eat it if ‘Bismillah’ was not said over it
-shaikh’s university prefer the opinion of the Hanbalis and Hanafis
-the Malikis say the prophet used to eat meat of Jews and Christians
-and they don't say Bismillah over it

For the meat to be halal the knife should be sharp
-he should face the ka’ba and say Bismillah

Made lawful to you this day are At¬Tayyibât [all kinds of Halâl (lawful) foods, which Allâh has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them..... (Al-Ma'idah 5:5)

Some have Bismillah written on the wall
-this is not halal meat
-some slaughter 1000 chickens by machine
-if the operator says Bismillah before he switches
-the ulama of Saudi say that the meat is halal

When you stun chickens, the meat is not halal
-stunned sheep and cow according to the scholars is halal
-because the animal is not feeble like the chicken
-if the voltage was low and they did not die
-the meat is halal

Buddhist and Sikh meat is haraam
-you are a kafir if you eat that meat

Eat not (O believers) of that (meat) on which Allâh's Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allâh). And certainly, the Shayâtin (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making Al¬Maytatah (a dead animal) legal by eating it], then you would indeed be Mushrikûn (polytheists) [because they (devils and their friends) made lawful to you to eat that which Allâh has made unlawful to eat and you obeyed them by considering it lawful to eat, and by doing so you worshipped them, and to worship others besides Allâh is polytheism]. (Al-An'am 6:121)

-you are not allowed to eat the slaughter for Christmas
-Christmas is a pagan holiday
-saying happy New Year is not shirk
-saying merry Christmas makes you a kaffir
-new Year’s dinner is not shirk




QUESTION 1:-

I don't trust the so called scholars I only take my deen from the classical scholars and mujahideen like Abu Muhammad, Sayyid Qutub, Abul Muaududi, Sheikh Abu Qatadah, and Sheikh Anwar etc. Is this concept wrong please advice


ANSWER 1:-
-yes this is correct because
-you are not allowed to take your deen from people who bad mouth mujahideen



QUESTION 2:-

Assalamu alaikum, can canned chicken meat from a kaffir store be eaten if I say Bismillah before eating it?


ANSWER 2:-
-this meat is called a doubtful matter
-I cannot pronounce it halal because I don’t know how it was slaughtered



QUESTION 3:-

Shaikh, are you allowed to eat the meat of the Chinese in America?

ANSWER 3:-
-you can’t eat the meat of the Chinese
-they are mulhidoon, pagans
-they are people with no religion
-you are only allowed to eat the meat of Christians and Jews




QUESTION 4:-

Assalamu alaikum, what if the Chinese get their meat from the *regular stores*?

ANSWER 4:-
-if their meat is of Christian source you can eat it



QUESTION 5:-

Assalamu alaikum Shaikh, what is the evidence of allowing women to wear perfume outside their houses, if it is not to impress men?


ANSWER 5:-
-the prophet (saw) said that any woman who leaves the house to wear perfume
-to attract men to herself is a zaani

Abu Moosa al-Ash’ari said: the Messenger of Allah (SAW) said: “Any woman who puts on perfume then passes by people so that they can smell her fragrance, is an adulteress.” [Musnad Ahmad (4/413) No. 19726, Sunan al-Nasa'i (8/153) No. 5126, Mustadrak al-Haakim (2/430) No. 3497]

Abu Hurayrah said: the Messenger of Allah (SAW) said: “Any woman who has scented herself with bakhoor (incense), let her not attend ‘Ishaa’ prayers with us.” [Sahih Muslim (1/328) No. 444, Musnad Ahmad (2/304) No. 8022, Sunan al-Nasa'i (8/190) No. 5263, Sunan Abu Dawood (4/79) No. 4175]

-according to Islam everything is halal until proven haram
-therefore if a woman puts perfume to be in the company of women alone this is not haram
-it is only haram if she mixes with men