Thursday, January 3, 2013

-441- Hadeeth Number 30


By Shaikh Abdullah Faisal
11.22.2012 (Night Dars)

NOTES typed by AT7
Edited and Formatted by AT38 and AT7



الحديث الثلاثون
«عن أبي ثعلبة الخشبي جرثوم بن ناشر رضي الله تعالى عنه عن رسول الله صلى الله عليه وسلم قال إن الله تعالى فرض فرائض فلا تضيعوها، وحد حدودا فلا تعتدوها، وحرم أشياء فلا تنتهكوها، وسكت عن أشياء رحمة لكم غير نسيان فلا تبحثوا عنها» .
حديث حسن رواه الدارقطني وغيره.
On the authority of Abu Tha’labah al-Kushanee — Jurthoom bin Nashir (RA) — that the Messenger of Allah (SAW) said: Verily Allah ta’ala has laid down religious obligations (fara’id), so do not neglect them; and He has set limits, so do not overstep them; and He has forbidden some things, so do not violate them; and He has remained silent about some things, out of compassion for you, not forgetfulness — so do not seek after them. A hasan hadith narrated by ad-Daraqutnee and others.

This complier of hadeeth, Darul Qutnee; that is not his name
-it is just a nick name because of the part of Iraq he used to live in called darul Qutn
-so they called him the place of Qutn

Imam Bukhari was also nicknamed because of where he was from- Bukhara
-so this is a tradition of the Arabs to call you from the place you are from

The real name of Darul Qutnee is Ali ibn Umar
-he was a great compiler of hadeeth
-like Abu Dawood, Tirmidhi etc.
-but why is his book not included in the sunans?

This is because when they read his book called Sunan ad-Daraqutni
-they found a lot of weak hadeeth
-but this does not take from him his greatness in knowledge
-because whenever a scholar went to Baghdad
-they never left until they met this great man
-and his hadith compilation is much bigger than the others

He was born 306AH and died 385AH
-so he belonged to the Tabee Tabee’i generation


-the hadith said Allah let down compulsory acts so do not neglect them
-e.g. to pray 5 times daily and to fast in Ramadan

The hadeeth also said not to overstep these rules of Allah

Allah made some things haram so we should not violate them
-so what is the difference between hadd and haram?

-we will add one more to the 5 because we will divide haram into 2

-this means compulsory, mandatory, obligatory, incumbent
-e.g. salah, zakah, hajj
-this is split into 2 types:

-an individual duty

-a collective duty

If jihad is fard ul ayn, your sins are forgiven
-all of them, even money you owed people
-but if it is fard kifaaya, all your sins are forgiven except debt you owe to people

Abu Qatadah narrated : Allah’s Messenger (SAW) stood up before us and said to us, “Jihad in Allah’s cause and belief in Allah are the most excellent of deeds.’ A man stood up and said, “ Messenger of Allah! Do you say that if I am slain in Allah’s path then my sins will be expiated from me?” Allah’s Messenger said, “Yes, if you are slain in Allah’s path and you are patient, hopeful of reward, advancing and not retreating.” After that Allah’s Messenger asked, “What did you ask?” He repeated, “Do you mean that if I am slain in Allah’s path, my sin will be expiated for me?” Allah’s Messenger said, “Yes while you are patient, hopeful of reward, advancing and not retreating, but not in debt (which is not forgiven). Jibril ‘told me that.” [Muslim 1885, Tirmidhi 1718, Ahmed 22648, Nisai 3156]

Fard kifaaya means a few Muslims carry out the duty on behalf of the community
-e.g. washing of the dead

When jihad is fard ul ayn, you are allowed to go even if you owe people money
-if it is fard kifaaya, the ameer can say to you go back
-and look after your parents and that will be your jihad
-because the prophet (saw) did it to a sahabi

-this means recommended
-e.g. to enter the masjid with your right foot and the toilet with your left foot
-to eat with your right hand is not Sunnah but fard
-so even if you are left-handed, you should eat with your right hand
-this means you have no choice in the matter because the shaytan eats with his left hand

Narrated By 'Umar bin Abi Salama: I was a boy under the care of Allah's Apostle and my hand used to go around the dish while I was eating. So Allah's Apostle said to me, 'O boy! Mention the Name of Allah and eat with your right hand, and eat of the dish what is nearer to you." Since then I have applied those instructions when eating. [Bukhari #5061 & Muslim #2022]

It is also split into 2:



-the former means a strongly emphasized Sunnah and the latter means one that is not
-e.g. the 2 Sunnah before Maghrib are not mu’akadah
-and praying 2 Sunnah before eid is bid'ah

-this means it is up to you
-it means lawful and the action is hanging in the balance
-it is not disliked and not recommended
-but not everything which is halal is wise to do
-e.g. a Muslim sister who divorces her husband with khula
-it is halal for her to marry her former husband's brother but it is not wise
-because he will say he stole his wife
-he may slander the couple and say they used to have an affair

You are not living in the time of the sahabah
-people today are very weak

It is halal to marry a Christian or Jewish girl but it is not wise
-Mu’awiya had a Christian woman
-the Shi'ites used this to slander him and his wife
-they say she was the mother of Yazid who was not a good caliph
-and maybe he was not his father because his wife used to have affairs....audhubillah!

Some people who have parents from both religions celebrate Christmas and eid
-they are

During the time of Umar, one of his governors married a Christian girl
-and Umar asked him to divorce her
-but he used an ayah in surah 5 to justify his action
-Umar asked him ‘if you marry Christian girls who will marry the Muslim girls?’
-and he used 5:51 to checkmate him

O you who believe! Take not the Jews and the Christians as Auliyā' (friends, protectors, helpers, etc.), they are but Auliyā' to one another. And if any amongst you takes them as Auliyā', then surely he is one of them. Verily, Allāh guides not those people who are the Zālimûn (polytheists and wrong¬doers and unjust). (Al-Ma'idah 5:51)

-it means disliked
-not sinful but the person should be discouraged from doing the act
-it is the opposite of Sunnah

Sunnah means if you leave it off you won’t be punished
-but you should be encouraged to do it
-because no fard is perfect
-we are only punished for leaving off the fard
-and a person will be dumped in the hellfire for leaving off the fard especially salah

Likewise takfir has to be made on the person who denies that a fard is compulsory
-it is because of this reason Abu Bakr made takfir on the people
-who denied that zakah is fard
-they were fought and killed and buried in the graveyard of the kuffaar
-and their women taken as concubines

Example of makrooh is to delay Maghrib until the stars appear in the sky
-or to crack your fingers while waiting for salah in the masjid
-or to gate crash at a wedding feast

-it is of 2 types


-whenever the prophet (saw) forbade something but was not emphatic it is makrooh
-but if he was then it becomes haram
-e.g. he forbade women from walking behind the coffin to the graveyard for burial
-but was not emphatic
-so it is makrooh

There is a hadith that says women who go to the grave are cursed
-but we know Aisha (r.a) went to visit the grave of her brother
-so the scholars said that if the woman visited the grave on a one off it is not haram
-but if she does it all the time then it becomes forbidden

-haram means a sin
-hadd means a sin that has a punishment attached to it
-e.g. to kiss a girl is haram but it is not a hadd
-to have intercourse with a girl is hadd
-because there is a punishment of 100 lashes attached

The prophet (saw) said you can’t punish a person more than 10 lashes unless it is a hadd

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)]

Stealing and murder are all hadd because your hand and head are chopped off respectively
-slandering a Muslim is hadd (80 lashes) because the honour of the Muslim is sacred
-drinking alcohol is a hadd because 80 lashes are given

To shake hands with women is haram but not a hadd
-because there is no prescribed punishment


-listening to music is haram but not hadd
-to pay riba is haram but not a hadd
-the scholars agree to take riba is worse than paying riba

The scholars agree the hadd cannot be implemented in darul harb or darul kufr
-it can only be implemented in darul Islam
-therefore those calling for Shari’ah in darul harb have gone against the ijmaa

The scholars also agree the hadd cannot be implemented by an individual
-it has to be done by the state
-because people are corrupted and they will chop off the hand or head of the innocent

The hadd cannot be also implemented when there is an element of doubt
-the hadd for theft is 2 witnesses
-that for zina is 4 witnesses

عن ابن عباس رضي الله عنهما، قال: قال رسول الله صلى الله عليه وسلم: ادرءوا الحدود بالشبهات
Ibn Abbas (RA) narrated the Messenger of Allah (SAW) said: "Abandon the Hudood when there is doubt." [Musnad Abu Hanifa (Kitab al-Hudood) No. 4]

The prophet (saw) killed a Jew in Madina based on the testimony of one slave girl
-the Jew killed the girl and before she died
-the prophet got the information from her as to who was killing her
-because of this the Hanbali madhab says
-you can take the testimony of one woman for Ramadan to begin

If 4 people lied as false witnesses to cause the death of a man
-and was later found out they lied, all the 4 are killed
-this is called conspiring to kill

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]

Whenever the haram has no hadd attached to it
-you can give the person 10 lashes as punishment
-and this is called ta'zeer

…and He has remained silent about some things, out of compassion for you, not forgetfulness — so do not seek after them…

The hadeeth says Allah kept some things from us not out of forgetfulness
-but out of mercy
-so we should not seek after them

The only Haram that can eject a person outside the fold of Islam is major kufr
-e.g. to dabble in black magic is major kufr

Jundub (RA) reported that the Messenger of Allah (SAW) said: “The hadd (prescribed punishment) for the practitioner of magic is a blow with the sword (i.e., execution)" [Sunan Tirmidhi (4/60) No. 1460, Sunan al-Daraqutni (4/120) No. 3204, Mustadrak al-Haakim (4/401) No. 8073, al-Sunan al-Kabir al-Bayhaqi (8/234) No. 16500, al-Mu'jam al-Kabir al-Tabarani (2/161) No. 1665]

Other examples of major kufr:
-to spy for the kuffaar against the mujahideen
-to marry your step mother

Sheikh Muhammad ibn Abdul Wahab, may Allah have mercy on him, gathered ten actions that negate one's Islam (Nawaqid ul-'Ashr), the eighth one of which states: "Assisting the disbelievers (against the believers) (Mudhaharatul Mushrikeen) and supporting them against the believers (is from the actions that negates of one's faith). The Proof being the statement of Allah, "And if any amongst you takes them as Auliya', then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (polytheists and wrong-doers and unjust). (The Quran 5:51)."

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]

-assisting the kuffaar against the Muslims
-to insult Allah, His Rasool or the holy Qur'an

Al-Imam Ishaq Ibn Rahawayh said: (All Muslims are in consensus that whoever curses Allah or curses His Messenger, or rejects something from what Allah revealed, or killed a prophet, that he is a kafir; and even if he accept what was revealed by Allah. And Al-Khattabi said, "I don't know of anyone who disagrees with the obligation of his killing." And Muhammad Ibn Sahnun said that the scholars are in consensus that the one who curses the Messenger is a Kafir; and whoever doubts his Kufr is a Kafir.) Taken from (Kitab al-Sarim al-Maslul 'ala satim al-Rasul, by Ibn Taymiyya)

Abu al-Husain Muhammad Ibn Ahmad al-'Asqalani said: «The Mu'tazila of Baghdad and Basra, and all of ahl al-Qibla, there is no ikhtilaf between them concerning, that the one who doubts regarding the kafir then he himself is a kafir, because the doubter (sakk) concerning kufr there's no ‘iman for him, because he don't know kufr from ‘iman. So there's no dispute between the Umma, the Mu'tazila and other than them; that the doubter concerning the kafir is kafir!“ Taken from (Kitab al-Tanbih wa al-Radd 'ala ahl al-Ahwa' wa al-Bida’, by Muhammad Ibn Ahmad al-Malati)

-to laugh at a woman's hijab or niqab
-Allah said:

If you ask them (about this), they declare: "We were only talking idly and joking." Say: "Was it at Allāh, and His Ayāt (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (SAW) that you were mocking?" (At-Tawbah 9:65)

Make no excuse; you have disbelieved after you had believed. If We pardon some of you, We will punish others amongst you because they were Mujrimûn (disbelievers, polytheists, sinners, criminals, etc.). (At-Tawbah 9:66)

-to prefer the kaafir courthouse over the Shari’ah court
-believing that the former is more just
-this makes you a mushrik

While 'Allama al-Shinqiti-May Allah be merciful with him-has said: To commit shirk with Allah in judging is of the same meaning as to commit shirk in His worship, there is no difference between the two in any manner. There is no difference in any sense between he who follows a system (nizam) other than Allah's system or law other than Allah's law (sharia) and he who worships an idol or prostrates to a false god. They are the same and both are polytheists [associating others] with Allah. [Adwa' al-Bayan, (7/162)]

-to make haram halal
-to describe Allah with human qualities

To describe a man with godly qualities
-to say that the imams know when they will die and choose when they will
-that is Shi’ite aqeeda

SHIA HUJJAH: The Imams know when they will die, and they only die by their choice. (Al Kafi vol.1 p.258 )

SHIA HUJJAH: The Imams have knowledge of the past and future; and nothing is hidden from them. ( Al-Kafi vol.1 p.260 )

To place between yourself and Allah an intermediary
-the goofy soofi and Shia do this

To practice i'raad
-this means to turn away from Islam to the extent
-where you don’t even know how to recite surah fatiha

The prophet said:

Abu Huraira (RA) reported: Allah's Messenger (SAW) addressed us and said: O people, Allah has made Hajj obligatory for you; so perform Hajj. Thereupon a person said: Messenger of Allah, (is it to be performed) every year? He (the Holy Prophet) kept quiet, and he repeated (these words) thrice, whereupon Allah's Messenger (SAW) said: If I were to say "Yes," it would become obligatory (for you to perform it every year) and you would not be able to do it. Then he said: Leave me with what I have left to you, for those who were before you were destroyed because of excessive questioning, and their opposition to their apostles. So when I command you to do anything, do it as much as it lies in your power and when I forbid you to do anything, then abandon it. [Sahih Muslim, Book 7, Hadith #3095]

-the rasool (saw) did not like excessive questioning
-the Jews did this when they were asked to sacrifice a cow
-if they had sacrificed any cow it would have been accepted
-but since they tried to be difficult with Allah
-He also did same and made it difficult for them to find the cow

According to Shari’ah everything is halal until proven haram and not the opposite
-so everything Allah kept quiet about is halal
-unless it was proven to be haram
-e.g. artificial insemination is halal if the sperm is from the husband to his wife
-but if from a strange man it is haram because it is the same as zina

So we can study if it is halal or haram by inference
-e.g. cigarette smoking is haram and Allah did not keep quiet about it because it is suicide
-marijuana is haram because it is intoxicant

Ibn ‘Umar (RA) said: I heard ‘Umar (RA) say from the minbar of the Messenger of Allah (SAW): “O people, the prohibition of khamr was revealed when khamr was made from five things: grapes, dates, honey, wheat and barley. Khamr is whatever befogs the mind.” [Related by al-Bukhari (4619) and Muslim (3032)]

On the authority of Jabir ibn Abdullah the Messenger of Allah (SAW) said: “Whatever intoxicates in large quantities, a small amount of it is haraam.” [Musnad Ahmad (3/343) No. 14744, Sunan Abu Dawud (3/327) No. 3681, Sunan Tirmidhi (4/292) No. 1865, Sunan Ibn Majah (4/475) No. 3393]

Contraception is allowed
-a man used to do coitus interruptus
-and the prophet did not tell him it is haram

Horse racing is haram because it falls under gambling
-Allah said:

There is not a moving (living) creature on earth, nor a bird that flies with its two wings, but are communities like you. We have neglected nothing in the Book, then unto their Lord they (all) shall be gathered. (Al-An'am 6:38)

One day a man asked the prophet about a drink
-and when he asked if it makes someone intoxicated
-the man replied yes
-the prophet (saw) told him then it is haram
-so we apply this same rule to all the different drinks we have in this world today
-and we don’t care about the names given to them
-we care about the side effects not the name

People like to play the name game
-they make haram halal by giving it beautiful and different names

Narrated By Abu 'Amir or Abu Malik Al-Ash'ari: That he heard the Prophet saying, "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful. And there will be some people who will stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask them for something, but they will say to him, 'Return to us tomorrow.' Allah will destroy them during the night and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will remain so till the Day of Resurrection." [Sahih Bukhari (7/106) No. 5590]


Is there a hadd for a Muslim woman not wearing hijab? Also can she be considered a faasiq?

Answer 1:

There is no hadith where a woman was punished for not wearing hijab
-because it never happened
-but remember the rasul (saw) said that women who don't wear hijab
-will be hung by their hair on judgement day
-there is no doubt that she is a faasiq but not a kaafir
-only the Khawarij will make takfir on her


Shaikh, I know the hadd has a severe punishment for adultery, you need four witnesses to apply the hadd, but what if your Wife has a baby and it’s not yours and you find out through DNA testing? Please elaborate.

Answer 2:-

If you find out that the baby is not yours
-for example you and your wife are white and the baby is black
-if this is proven in darul Islam then she has to be punished
-otherwise she can't be punished because sharia is only implemented in the Islamic state


What if, a Parent, in anger and argument says things against Deen or Qur’an, things that might be words of humiliation and cursing words? What is the hukum on such a Parent?

Answer 3:-

The parent becomes a kaafir
-because you are not allowed to say anything against Allah (swt),
-the rasul (saw) or the deen
-in earnest or in jest
-the parent has to make taubah


What is your stance on Nasheed concerts? Are they permissible? Personally I find they lack a degree of masculinity, and are really more catered towards sisters. Kindly advice. Jzk.

Answer 4:-

There is nothing in Quran or Sunnah to say Nasheed concerts are haram
-Sami Yusuf caused fitna in South Africa
-because he had wind and string instruments in his concert
-the Ulama passed a fatwa against him


Assalamu alaikum sheikh, can you explain about this concept where you don't perform a hadd when it is causing fitna. Like if someone who does drugs and it will cause a greater evil if you were to perform the hadd?

Answer 5:-

To perform the hadd is left to the imam
-he can order for him to go for rehabilitation or he can punish him