15 Oct

Zinaa for money

A man hired a woman, by giving her ujra, to have sexual intercourse with him. Then he committed Zinaa with her. According to Abu Hanifah there is no hadd upon either of them. 

 

Abu Yusuf, Muhammad, and al-Shaafi'i (may Allaah have mercy on them) correctly said: They both will be subjected to the hadd punishment because they indulged in Zinaa. 

 

No one has understood Abu Hanifah's incorrect verdict on the matter to mean that he saw it to be permissible. 

 

He just didn't consider it to be Zinaa which required the hadd punishment. He made a mistake in his Qiyaas

 

No Muslim could declare the act of having sexual intercourse in return for money as permissible. 

 

Reference(s):
Madhhab Abu Hanifah in regards to Zinaa for money

 

 

 

15 Oct

Hadd for ujra based sexual intercourse

Ibn Hazm (may Allaah have mercy on him) said in al-muhallaa:

وأما الحنفيون المقلدون لأبي حنيفة في هذا، فمن عجائب الدنيا التي لا يكاد يوجد لها نظير: أن يقلدوا عمر في إسقاط الحد هاهنا بأن ثلاث حثيات من تمر مهر, وقد خالفوا هذه القضية بعينها فلم يجيزوا في النكاح الصحيح مثل هذا وأضعافه مهرا , بل منعوا من أقل من عشرة دراهم في ذلك


As for those Hanafi who blindly follow Abu Hanifah in regards to this [matter of there being no hadd on a woman and man who do Zinaa when the woman is given ‘ujra for it], then it is from among the wonders of the world for which no example can be found that they make taQliid of Umar in dropping the hadd punishment here [in this case] because [they consider] three handfuls of tamr [dates esp. dried ones] to be mahr while they have opposed this qadiiyah [legal matter] itself and have not permitted in a Sahiih Nikaah the like of this, or more, as mahr. Rather, they do not permit less than ten dirham in regards to this. 

 

The above saying is to those Hanafis who follow the incorrect view of Abu Hanifa in this matter. Abu Yusuf and Muhammad rightly opposed their Imaam and said the hadd punishment would be given to a man who has committed Zinaa with a woman by giving her ujra for it. The woman will also receive the hadd punishment for Zinaa.
 

09 Oct

This is for Allaah and this is for you

A man came to the Prophet (sallallaahu alayhi wa sallam) and said:

O Messenger of Allaah I am unable to learn the Qur'aan. So, teach me something which will compensate me. 

He said: Say Subhaan Allaah wal hamdulillaah wa laa ilaaha illallaahu wallaahu 'akbar wa laa haula wa la quwwata illaa billaah.

Thereupon the 'araabii said: Like this – and he clasped his hands. Then he said: This is for Allaah. What is for me?

He said: Say Allaahummagh fir lii war hamnii wa 'aafinii war zuknii wahdinii. 

So the 'araabii took it and clasped the palms of his hands.

Thereupon the Prophet (sallallaahu alayhi wa sallam) said: As for him, he has filled his hands with good.

 

The Hadith is present in Sunan al-DaaraQuTni under the book of prayer. The author named the chapter that from among du'a which compensates when one is unable to recite the opening of the Book [i.e. Suurah al-Faatiha]. Hadiith No. 1034

 

Allaahummagh fir lii war hamnii wa 'aafinii war zuknii wahdinii

[O Allaah forgive me, have mercy on me, give me health and safety, provide me provision, and guide me].

 

Subhaan Allaah wal hamdulillaah wa laa ilaaha illallaahu wallaahu 'akbar wa laa haula wa la quwwata illaa billaah

Subhaan Allaah [Hallowed be Allaah]
Alhamdulillaah [All praise be to Allaah]
Laa ilaaha illallaah [There is no god except Allaah]
Allaahu 'akbar [Allaah is the greatest]
Laa haula wa la quwwata illaa billaah [There is no might or power except with Allaah]

 

 

Ibn Hibbaan included the Hadith in his collection of Sahiih Hadiith named Sahiih Ibn Hibbaan.

Ibn Kathiir said its chain of narrators is strong.

Ibn Hajar al-'asQalaani considered the Hadiith to be hasan [authentic].

Sheikh al-Albaani considered the Hadith to be hasan [authentic].

Abu Dawud considered the hadith to be good.

Muhammad bin Abd al-Haadi said that the chain contains الفضل بن موفق. Abu Haatim al-Raazi declared him weak.

al-Nawawi said the hadiith has been narrated from the narration of إبراهيم السكسكي who is weak.

Zain al-Din al-'Iraqi graded the hadiith hasan [authentic].

And Allaah knows best.

 

03 Oct

Do not look into peoples homes or enter them without permission

O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded.

[Qur’aan 24:27]

 

It was narrated from Sahl bin Sa'd As-Saidi that a man looked through a hole in the door of the Prophet, who had with him a kind of comb with which he was scratching his head. 

When the Messenger of Allah saw him he said: "If I had known that you were watching me, I would have stabbed you in the eye with this. 

This rule of asking permission has been ordained so that one may not look unlawfully (into people's houses).

[Sunan al-Nasaa’i, Sahih al-Bukhaari, and Sahih Muslim]

 

What a heinous crime it is to look into someone's house without permission. Do you not read that the Messenger of Allaah (sallallaahu alayhi wa sallam) said: "If I had known that you were watching me, I would have stabbed you in the eye with this?"

 

This is just for looking into a house without the permission of the owner. Imagine how horrible the act of breaking into someone's house must be in front of Allaah.

 

A mess of a translation

 

This hadith has been mistranslated at Sunnah.com here. It has been translated correctly at other places on the website. However, in the link mentioned the author [from whom the website took the translation] seems to have made a complete mess. 

 

For starters the chapter heading has been mistranslated 

 

بَابُ الاسْتِئْذَانُ مِنْ أَجْلِ النَّظَرِ

 

The author translated it as:

Asking permission without looking

 

That is incorrect. The correct translation is:

 

Asking permission was a result [i.e. it had been prescribed because of] the sight

 

Second, the author translated the hadiith as:

 

إِنَّمَا جُعِلَ الإِذْنُ مِنْ أَجْلِ الْبَصَرِ‏

 

"The ear is put in the place of the eye."

 

The Hadiith has nothing to do with the ear!!! Instead, the correct translation is:

 

Seeking permission has been prescribed because of the sight [i.e. in order to protect against a person looking into the house at something he was not supposed to].

 

This highlights why one needs to be careful when reading translated material.

29 Sep

Lexical and legislative meaning of words

Words have a lexical meaning and a legislative meaning. The word Salaah means to perform specific actions in a specific manner [referred to as prayer] when we talk legislatively. 

 

However, lexically it simply means to make du'a

 

When a word has a legislatively meaning, you have a group of scholars who say that the word will always be understood according to the legislative meaning in the Nusuus [texts of the Qur’aan and Sunnah] unless there is evidence that it is being used according to its lexical meaning. 

 

Then you have a group who believe that the word will always be understood according to its lexical meaning unless and until there is evidence that the word is being used in its legislative capacity.

 

To understand the affect this has when one tries to derive rulings from the texts consider the following hadiith:


al-Tawaaf around the Sacred House is al-Salaah


The group of scholars who hold that the word al-Salaah is to be understood in its lexical capacity until there is evidence to suggest otherwise, will take this word in its lexical meaning which means to make du'a. Hence, according to this group one does not have to have made Wuduu' when one performs al-Tawaaf as Wuduu is not necessary when one makes du'a. 

 

The group of scholars who say that a word is understood in its legislative meaning until there is evidence to suggest that the word is being used in its lexical capacity will take the word al-Salaah to mean prayer. According to them, you will have to have performed Wuduu before you perform al-Tawaaf because Wuduu is necessary for prayer and al-Tawaaf is prayer. 


Reference:
al-'inaarah sharH kitaab al-'ishaarah
Page 183

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