Sunday, July 14, 2013



By Shaikh Abdullah Faisal
01.05.2013 (Night Dars)

NOTES typed by O_I
Edited and Formatted by AT38 and AT7



بلوغ المرام من أدلة الأحكام
Bulugh al-Maram Min Adillat al-Ahkam

What is the meaning of Bulugh Al Maram?
-Bulugh = 'to attain'
-Maram = 'the objective'

-this is an integral text book used in our University in Saudi, for learning Fiqh
-by becoming an expert in this book
-you will attain the objective of becoming an expert in Fiqh

-Faqeeh = Expert in Fiqh

This book does not contain hadiths describing Paradise, Hellfire, Angels, Jinn, etc.
-because those matters are relating to AQEEDAH
-this book focuses on SHARIA

-Question: Who wrote Bulugh Al-Maram?
-Answer: It was written by Ibn Hajar al Asqalani
-One of the Greatest Islamic Scholars to have ever lived

He was born 773 AH in Cairo
-he belonged to the Shafi’i school of thought
-he clearly lived during the 'Medieval' period
-a period of Qurtubi, Ibn Kathir, Ibn Taymiyya, Ibn Qayyim al Jawziya
-an era of great scholars

Ibn Hajar al Asqalani became an orphan
-and was looked after by his uncle
-at the age of 5, he entered into a Quran school
-like Abu Hurairah & Imam Shafi’i, he was famous for his photographic memory
-e.g. he memorized Surah Maryam in ONE DAY!

At the age of 12, he went to Makkah for further education
-upon arrival, the ulama were so impressed with his Quranic Recitation
-they appointed him to lead Taraweeh at Haramain

In his search for knowledge,
-he travelled to Makkah, Madina, Syria, Yemen, Iraq, & Jerusalem
-in Makkah, he drank zam zam and made a dua
-to become like Imam at Dhahabi (i.e. a Hafiz of Hadith)
-Hafiz of Hadith = Memorizer of ALL the Hadith books!

Not only did he become LIKE At Dhahabi,
-but he SURPASSED him with his knowledge!

At age 25, he got married to Uns Bint Karim,
-the daughter of a Qaadi (i.e. a Judge)
-and he taught her until she became a scholar of Hadith as well

Ibn Hajar al Asqalani died 852 AH, at the age of 79
-a great feeling of sorrow hit the Ummah on the news of his death
-on the day of his Janazah, 50,000 people attended
-even the Caliph had to vacate his palace and attend the Janazah

He left behind many books to benefit the Ummah
-The most famous of his books are two:-

- 1) Fath ul Bari - a complete explanation of Sahih Bukhari

- 2) Bulugh al Maram - a compilation of Hadiths that deal with Sharia Law

Bulugh al Maram is NOT FOR AQEEDAH

All the judges across the Muslim World use Bulugh al Maram for Jurisprudence
-Abu Dawood, Tirmidhi, Nassaa’i & Ibn Maajah are the '4 Imams'
- 'The Group' = the 6 books of Hadith

1 - عن أبي هريرة - رضي الله عنه - قال: قال رسول الله - صلى الله عليه وسلم - في البحر: «هو الطهور ماؤه الحل ميتته». أخرجه الأربعة, وابن أبي شيبة واللفظ له, وصححه ابن خزيمة والترمذي، ورواه مالك والشافعي وأحمد

1. Abi Hurairah (RAA), narrated that the Prophet (SAW) said, "Concerning the sea, its (the sea) water is pure (suitable for performing ablution) and its dead (animals) are lawful (Halal to eat, without any prescribed slaughtering). It is related by the four Imams and Ibn Abi Shaibah (the text mentioned above is his). Ibn Khuzaimah and at-Tirmidhi graded it as Sahih (authentic) [it was also reported by Malik, Shafi‘i and Ahmad).

Why the Prophet (saw) made this statement? (I.e. above Hadith)

Abu Huraira reported that a man asked the Prophet (SAW): 'We travel in the sea and we carry with us little water. If we used it for wudu then we would be suffering thirst! So should we still use this water for wudu?' The Prophet (SAW) replied: "Its [sea] water is pure and its dead meat [fish and whatever lives in sea and die by leaving it] is Halal to eat" [Sunan Tirmidhi (1/100) No. 69, Sunan Abu Dawud (1/21) No. 83, Sunan al-Nasa'i (1/50) No. 59, Sunan Ibn Majah (1/250) No. 386, Sunan al-Darime (1/201) No. 729, Musnad Ahmad (2/361) No. 8720]

The Great scholar of Islam, Ibn Abdul Barr,
-extracted 7 lessons from this Hadith
-He was born 368 AH and was a follower of the Dhaahiriyyah Madhab
-but then he left the Madhab and became a follower of Imam Malik



-Owing to paranoia of travelling by sea
-many insurance companies allow a ship & its contents to travel by sea only
-if the weather man says it's ok to do so


-Wudu has a replacement
-but there is no replacement for drinking water


-The Prophet (saw) gave him more than a mere 'yes' answer
-he elaborated further, hence Wisdom


-People don't know the Ahkaam (rulings) concerning the sea water & its inhabitants
-it is permissible for the Faqeeh to elaborate with his answer
-if he realises that the questioner is completely Jaahil about the subject
-so if a person asks the faqeeh "if I sleep, is my wudu broken?"
-the Faqeeh has the right to give him the full list of different things
-that breaks his wudu
-e.g. losing your consciousness, touching private parts, call of nature, etc.


-Hanafis ONLY ALLOW Fish
-they don't permit shrimps, whales, crabs, dolphins, etc.
-dolphins are not technically 'fish'

The Jamhoor (i.e. majority of Scholars) are of the opinion
-that EVERYTHING is Halaal in the sea

Narrated Jabir: We set out in the army of Al-Khabt and Abu Ubaida was the commander of the troops. We were struck with severe hunger and the sea threw out a dead fish the like of which we had never seen, and it was called Al-`Anbar (whale). We ate of it for half a month. Abu Ubaida took (and fixed) one of its bones and a rider passed underneath it (without touching it). (Jabir added Abu 'Ubaida said (to us), "Eat (of that fish)." When we arrived at Medina, we informed the Prophet about that, and he said, "Eat, for it is food Allah has brought out for you, and feed us if you have some of it." So some of them gave him (of that fish) and he ate it. [Sahih Bukhari (5/167) No. 4362]

Jabir reported: Allah's Messenger (SAW) sent us (on an expedition) and appointed Abu 'Ubaida our chief that we might intercept a caravan of the Quraish and provided us with a bag of dates. And he found for us nothing besides it. Abu Ubaida gave each of us one date (everyday). I (Abu Zubair, one of the narrators) said: What did you do with that? He said: We sucked that just as a baby sucks and then drank water over that, and it sufficed us for the day until night. We beat off leaves with the help of our staffs, then drenched them with water and ate them. We then went to the coast of the sea, and there rose before us on the coast of the sea something like a big mound. We came near that and we found that it was a beast, called al-'Anbar (spermaceti whale). Abu 'Ubaida said. It is dead. He then said: No (but it does not matter), we have been sent by the Messenger of Allah (SAW) in the path of Allah and you are hard pressed (on account of the scarcity of food), so you eat that. We three hundred in number stayed there for a month, until we grew bulky. He (Jabir) said: I saw how we extracted pitcher after pitcher full of fat from the cavity of its eye, and sliced from it compact piece of meat equal to a bull or like a bull. Abu 'Ubaida called forth thirteen men from us and he made them sit in the cavity of its eye, and he took hold of one of the ribs of its chest and made it stand and then saddled the biggest of the camels we had with us and it passed under it (the arched rib), and we provided ourselves with pieces of boiled meat (especially for use in our journey). When we came back to Medina, we went to Allah's Messenger (SAW) and made a mention of that to him, whereupon he said: That was a provision which Allah had brought forth for you. Is there any piece of meat (left) with you, so that you give to us that? He (Jabir) said: We sent to Allah's Messenger (SAW) some of that (a piece of meat) and he ate it. [Sahih Muslim (3/1535) No. 1935]

Hanafis try to refute our understanding of the above hadith
-their reason: because they were on a journey,
-and they would have starved if they didn't eat it
-however, there was NO STARVATION IN MADINAH where the meat was brought back
-and the Prophet (saw) asked for some of the meat FOR HIMSELF
-and he ate from the meat

Some scholars have made the fatwa that the SALT WATER CROCODILE IS HARAAM
-Uthaymeen & Ibn Abbas used Maidah: 96 to justify this

Lawful to you is (the pursuit of) water¬game and its use for food - for the benefit of yourselves and those who travel, but forbidden is (the pursuit of) land¬game as long as you are in a state of Ihrām (for Hajj or 'Umrah). And fear Allāh to Whom you shall be gathered back. (Al-Ma'idah 5:96)

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, after stating that it is more likely that it is permissible to eat crocodiles and sea snakes: The correct view is that nothing is excluded from that, and that all the sea creatures which can only live in water are halaal, alive or dead, because of the general meaning of the verse – i.e., “Lawful to you is (the pursuit of) water game and its use for food” [al-Maa’idah 5:96]. End quote from al-Sharh al-Mumti’ (6/327). Fajr edition.

Among the blessings that Allaah has bestowed upon us is the fact that He has made our religion easy for us, and has not made it too difficult or unbearable. He has allowed us many things that were forbidden according to previously-revealed laws. Allaah says (interpretation of the meaning): “… Allaah intends for you ease, and He does not want to make things difficult for you…” [al-Baqarah 2:185]. Hence all kinds of food from the sea are permissible, whether they are plants or animals, alive or dead. Allaah says (interpretation of the meaning): “Lawful to you is (the pursuit of) water-game and its use for food – for the benefit of yourselves and those who travel…” [al-Maa’idah 5:96]. Ibn ‘Abbaas said: “ Sayduhu (lit. Hunting, pursuit) refers to whatever is taken from it alive, and ta’aamuhu (lit. its food) means whatever is taken dead.” There are a few things – certain types of water animals – which some scholars exclude from the permission outlined above. These are:
Crocodiles. The correct view is that eating these is not allowed, because they have fangs and live on land – even though they may spend a lot of time in the water – so precedence should be given to the reason for forbidding it (it is a land animal that has fangs).
Frogs. It is not permitted to eat them because the Prophet (peace and blessings of Allaah be upon him) forbade killing them, as is reported in the hadeeth of ‘Abd al-Rahmaan ibn ‘Uthmaan, who said that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the killing of frogs. (Narrated by Imaam Ahmad and Ibn Maajah; see also Saheeh al-Jaami, 6970). The rule is that everything which we are forbidden to kill, we are not allowed to eat; if we are allowed to eat it we are allowed to kill it. Some scholars exclude sea snakes, but the correct view is that as they live nowhere except in the water, we are permitted to eat them, because of the general nature of the aayah (interpretation of the meaning): “Lawful to you is (the pursuit of) water-game and its use for food – for the benefit of yourselves …” [al-Maa’idah 5:96]. Otters and turtles. The correct view is that to be on the safe side, it is permissible to eat them after slaughtering them properly, because they live both on land and in the sea. Here the rule is that in the case of animals that live both on land and in the sea, the rules concerning land animals should be given precedence, to be on the safe side, so they must be slaughtered properly, except for crabs which do not need to be slaughtered, even though they live both on land and in the sea, because they do not have blood. Everything that can cause harm is forbidden as food, even if it comes from the sea, because Allaah says (interpretation of the meaning): “… And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you.” [al-Nisa’ 4:29] and: “… and do not throw yourselves into destruction…” [al-Baqarah 2:195]. (See al-Mughni, 11/83; Haashiyah al-Rawd, 7/430; Tafseer Ibn Katheer, 3/197; and Ahkaam al-At’imah by al-Fawzaan).

Hence the Crocodile is AN EXCEPTION TO THE RULE
-and so are frogs

As for Sea Snakes, ONLY HANAFI's forbid eating them
-because they don't have gills (like fish)
-and they are extremely venomous
-they have to keep hitting the surface of the sea to breathe

However, the correct view is that they are PERMISSABLE
-because they live nowhere else other than the sea
-i.e. animals that live 'full time' in the sea are permissible

In the case of amphibious animals - animals who live both on land & sea
-the rulings governing the 'land animals' should be given PRECEDENCE
-i.e. they must be slaughtered properly
-except for crabs, as they need not be slaughtered
-Shark, Dolphin, Whale are all permissible

Penguins are Halaal
-there's no evidence to make Penguins haraam

If an animal should die on land, its blood is HARMFUL to human beings
-if a sea animal dies, its blood is NOT HARMFUL for human beings
-hence the dead animals that live full time in the sea ARE HALAAL to eat


-because they were not allowed to eat the wide variety from the sea
-Kuffaar like to ask why Muslims are allowed to eat the shrimp but not the pig?
-owing to the fact that they are both scavengers

CORE reason we don't eat pig is because 'WE HEAR & WE OBEY'
-i.e. "Because the Holy Quran said we are not allowed to eat the pig"
-however modern Muslim scholars elaborate further, stating that:

1. The pigs eat feces

2. Their meat contain tape worms
-even if you boil that meat with maximum temperature
-you won't kill those tapeworms!
-so if you eat swine flesh, you'll be infested with tape worms
-swine flesh has fat-building materials in our bodies

3. The pig is the most shameless animal
-and it's the most unscrupulous
-it eats everything except glass
-and it has no jealousy
-hence those who eat pork, seem to be affected by that
-e.g. they indulge in wife-swapping

Some rationalists argue that they have contained pig
-in which the pig is regularly cleaned and only fed good food
-but that makes no difference
-because the pig is 'naturally unclean' no matter what
-and those tapeworms will still be there
-eating pork is an aberration
-i.e. to deviate & stray from the natural path

As for the eating of land insects
-the Locust is halaal
-Hanafis & Hanbalis don't allow the eating of cockroaches

Land snails come under the ruling of eating “insects”. The majority of scholars are of the view that it is haraam. Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (9/16): The view of the scholars concerning land insects … our view is that it is haraam. This was the view of Abu Haneefah, Ahmad and Dawood. Maalik said: it is halaal. End quote.

Ibn Hazm (may Allaah have mercy on him) said: It is not permissible to eat land snails or any other “insects and vermin”, such as geckos, cockroaches, ants, bees, flies, wasps, worms, lice, fleas, bedbugs, mosquitoes or anything else of that type, because Allaah says (interpretation of the meaning): “Forbidden to you (for food) are: Al‑Maitah (the dead animals)” and “unless you are able to slaughter it (before its death)” [al-Maa’idah 5:3]. And there is sound proof that slaughter can only be done in the neck or upper chest, so if it is not possible to slaughter it, then there is no way one can eat it unless it is dead i.e., not slaughtered properly, so it is haraam. End quote. Al-Muhalla (6/76, 77).

The Malikis did not stipulate that a creature which has no flowing blood should be slaughtered, rather they included it under the same ruling as locusts, and its slaughter is by boiling, roasting, or piercing it with a stick or needle until it is dead, whilst saying the name of Allaah over it.

Maliki madhab is the most relaxed with regards to diet
-they permit Fox, as well as Crocodile
-as well as land insects

As for the Kangaroo,
-the scholars have addressed this matter
-and have pronounced the kangaroo 'halaal'

Scholars also arrived at the conclusion that the Giraffe is Halaal


Hyena: There's a mutawaatir hadith that hyena meat is halaal

Ibn Abi 'Ammar narrated, 'I said to Jabir (RA), 'Is hyena a kind of game?' He replied, 'Yes.' I asked, 'Did Allah's Messenger (SAW) say that?' He replied, 'Yes.' [Musnad Ahmad (3/318) No. 14465, Sunan Abu Dawud (3/355) No. 3801, Sunan al-Nasa'i (5/191) No. 2836, Sunan Tirmidhi (3/198) No. 851, Sunan Ibn Majah (4/385) No. 3236, Sunan al-Darime (2/102) No. 1942, Sahih Ibn Hibban (9/278) No. 3965]


Narrated By Jabir bin Abdullah: On the day of Khaibar, Allah's Apostle forbade the eating of donkey meat and allowed the eating of horse meat. [Sahih Bukhari, Vol 5, Book 59, Hadith #530]

-Horse: Halaal

It was narrated that Asma’ bint Abi Bakr (RA) said: "At the time of the Prophet (saws) we slaughtered a horse and ate it." [Narrated by al-Bukhari (5191) and Muslim (1942)]


With regards to saying the first 10 verses of Surah Kahf on Jum'uah for Protection from dajjaal, does it also apply when you say it during Salah? Or does it need to be recited outside Salah?


In and out of salah it is applicable

Abu Darda' reported Allah's Apostle (SAW) as saying: If anyone learns by heart the first ten verses of the Surah Al-Kahf, he will be protected from the Dajjaal. [Sahih Muslim, Book 4, Hadith #1766]


Was there a reason for making donkey meat haram? Was it because donkey is unclean?


-Donkeys are herbivores, they are not unclean
-you are what you eat
-horse is a brave animal
-you don’t want to be like the donkey
-horses are sworn by in the Quran
-horses leave a cloud of dust in the air when they are at full run

By the (steeds) that run, with panting (breath), (Al-'Adiyat 100:1)

Striking sparks of fire (by their hooves), (Al-'Adiyat 100:2)

And scouring to the raid at dawn (Al-'Adiyat 100:3)

And raise the dust in clouds the while, (Al-'Adiyat 100:4)

Penetrating forthwith as one into the midst (of the foe); (Al-'Adiyat 100:5)

-they will charge at the enemy in the heat of battle
-Allah did not swear by the donkey
-the most disgusting noise is the donkey

"And be moderate (or show no insolence) in your walking, and lower your voice. Verily, the harshest of all voices is the voice (braying) of the ass." (Luqman 31:19)


What is the origin of the Star & Crescent? Does it have any authentic relation to Islam?


-This is nothing to do with Islam
-the Pakistanis put this on their flag
-they put the moon their because of the sighting of it
-determines start and end of Ramadan
-star and crescent is more to do with culture not Islam


Are monkeys halal to eat?


-monkeys are haraam to eat
-it is an aberration
-lion, tiger, snake, crocodile are haraam to eat
-every animal that has fangs are haraam
-animals of prey are haraam
-dog meat is haraam


A 16 year old girl drank alcohol, went to parties, smoked cigarettes, had a kaafir boyfriend and did more things which Allah (swt) made haram. Her mother stabbed her to death, what is your opinion about this case which happened in dar al harb?


-Why did she do these things if she knew she would get stabbed?
-why didn't the family migrate?

Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): "In what (condition) were you?" They reply: "We were weak and oppressed on earth." They (angels) say: "Was not the earth of Allāh spacious enough for you to emigrate therein?" Such men will find their abode in Hell - What an evil destination! (An-Nisa 4:97)

-the Muslim parents are chasing the dunya
-they rather see their kids in darul harb than migrate
-there are thousands like this in the UK
-in darul harb, your kids will go astray

Ibn al-Arabi (rh) said, “It is obligatory to leave a place where forbidden practices are rife since it is mandatory for Muslims to demand observance of the Law.” [Ibn al-Arabi, Ahkaam al-Qur’an (1/484-485)]

Shaykh ul Islam Ibn Taymiyyah (rh) said, “The state of a place reflects the state of a person. It is possible to be sometimes a Muslim and at other times a disbeliever; sometimes sincere and at other times hypocritical; sometimes good and pious and at other times rotten and corrupt. Thus, a person becomes like the place of his abode. The migration of a person from a land of disbelief and profanity to one of faith and probity is an expression of repentance and of his turning away from disobedience and perversion to belief and obedience. This is so until the Day of Resurrection.” [Majmu’al-Fatawa, (18/284)]

-some shuyukh in Saudi refused invitations to go to darul harb and give lectures

Ibn Hazm (rh) states that: “Whoever joins the ‘land of war’ and disbelief, of his own free will and in defiance of whoever amongst the Muslims calls him to his side, is by virtue of this act an apostate, by all the laws of apostasy, in Islam. Whoever is able to kill him must do so. His property is unprotected, his marriage null and void, all his rights are swept away. But whoever flees to the ‘land of war’ for fear of oppression, who neither opposes the Muslims in anything nor bears any malice towards them, and who was not able to find any refuge among the Muslims, is free of any guilt since he was compelled to leave. As for someone who takes the Muslims as his enemies, offering his help and his service to the disbelievers, he is a disbeliever. But those who would emigrate to non-Muslim lands in search of wealth or prosperity to live under their protection, while they were able to go to live amongst the Muslims in their own land, but still do not withdraw themselves from the disbelievers; such people are not far from the fold of disbelief, and we can find no possible excuse for them, so we ask Allah’s Forgiveness. As for the person who lives in the land of Karmathians by his own free will, he is without doubt a disbeliever, because they are avowed enemies of Islam, disbelievers and apostates who only long for the destruction of the Muslims. Concerning those who live in a land where some heretic tendencies, leading to disbelief, are manifested, they are not considered disbelievers, as Islam is supreme in the land where it is possible to practice Islam openly; to confirm the message of the Prophet Muhammad (SAW), read the Qur’an, establish the prayer, perform the fast of Ramadan and fulfill one’s obligations entirely. The words of the Prophet (SAW), “I am not responsible for any Muslim who stays among polytheists” should clarify what we have said so far. It is clear that the Prophet (SAW) refers here to the ‘Dar ul-Harb’, and because he (SAW) appointed some Companions as governors of Khaibar (Jewish land), even though everyone who lived there were Jews. If a disbeliever conquers a Muslim country, then acknowledges their religion (Islam), but assumes authority over them, and then claims any other religion than Islam, whoever lives with him, supports, or serves him in any way is a disbeliever, even if he claims to be a Muslim, as aforementioned.” [Ibn Hazm, al-Muhalla’: (13/139-140)]

It was narrated from Samurah that the Prophet (SAW) said: “Do not live among the mushrikeen and do not mix with them, for whoever lives among them or mixes with them is not one of us.” [al-Sunan al-Kubra al-Bayhaqi (9/240) No. 18420 and Mustadrak al-Haakim (2/154) No. 2627. adh-Dhahabi graded this on the conditions of Bukhari and Muslim]

On the authority of Jarir bin 'Abdullah that the Messenger of Allah (SAW) sent a military expedition to Khath'am. So some people (living there) sought safety by prostrating, but they were met quickly and killed. News of this reached the Prophet (SAW) upon which he commanded that they be given half of the 'Aql (blood money). And he said: "I am free from every Muslim that lives among the idolaters." They said: "O Messenger of Allah: How is that?" He said: "They should not see each other's campfires." [Sunan Tirmidhi (4/155) No. 1604 and Sunan Abu Dawud (3/45) No. 2645]

-you like living off food stamps that is why you don’t want to make hijra
-some make $1000 in food stamps a month
-most people who don’t make hijra are uneducated
-you need to leave your environment

Abu Sa'id al-Khudri reported Allah's Messenger (SAW) as saying: There was a person before you who had killed ninety-nine persons and then made an inquiry about the learned persons of the world (who could show him the way to salvation). He was directed to a monk. He came to him and told him that he had killed ninety-nine persons and asked him whether there was any scope for his repentance to be accepted. He said: No. He killed him also and thus completed one hundred. He then asked about the learned persons of the earth and he was directed to a scholar, and he told him that he had killed one hundred persons and asked him whether there was any scope for his repentance to be accepted. He said: Yes; what stands between you and the repentance? You better go to such and such land; there are people devoted to prayer and worship and you also worship along with them and do not come to the land of yours since it was an evil land (for you). So he went away and he had hardly covered half the distance when death came to him and there was a dispute between the angels of mercy and the angels of punishment. The angels of mercy said: This man has come as a penitent and remorseful to Allah and the angels of punishment said: He has done no good at all. Then there came another angel in the form of a human being in order to decide between them. He said: You measure the land to which he has drawn near. They measured it and found him nearer to the land where he intended to go (the land of piety), and so the angels of mercy took possession of it. Qatada said that Hasan told him that it was said to them that as death approached him, he crawled upon his chest (and managed) to slip in the land of mercy. [Sahih Muslim, Book 37, Hadith #6662]