Fiqh

The true faqīh (scholar) is the one who the fear of Allāh makes talk and the fear of Allāh makes silent. If he speaks it is by the Book and the Sunnah, and if he is silent, it is by the Book and the Sunnah. And if something is confusing to him and unclear, he withholds judgement and refers it back to whoever knows about it.

Ibn Baṭṭah, Ibṭāl Al-Ḥiyal p18, 19.

Ibn Masʿūd and [the rest of] the Companions of the Prophet ﷺ used to say the qunūt supplication before bowing in the witr prayer.

Ibn Abī Shaybah, Al-Muṣannaf ḥadīth 6911, and others.

“Ibn Masʿūd used to say such-and-such [about this issue].” The man asked, “But tell me your opinion.” He replied, “Are you not all astonished by this man? I inform him of what Ibn Masʿūd [said] and he asks me my opinion. My religion is more important to me than that. By Allāh, I would rather sing a song than inform you of my opinion.”

Al-Dārimī, Al-Sunan ḥadīth 108.

Whoever has not heard the differences of opinion, then do not consider him a scholar.

Ibn ʿAbd Al-Barr, Jāmiʿ Bayān Al-ʿIlm wa Faḍlihī no. 1521.

No man should appoint himself to issue verdicts (fatwa) until and unless he fulfills five characteristics: First, he should have a [firm and good] intention; for if he does not, he will have no light upon him, and nor will his words. Second, he should be forbearing, tranquil and serene. Third, he should be strong upon what he is involved in, strong in its knowledge. Fourth, he should have sufficient means (wealth), otherwise the people will chew him up. Fifth, he should know people and their ways.

Ibn Battah, Ibtāl Al-Hiyal p24.

To learn a single topic of knowledge and teach it to a Muslim is more beloved to me than having the whole world and giving it in the cause of Allāh. Al-Khaṭīb Al-Baghdādī, Al-Faqīh wa Al-Mutafaqqih article 53.

Al-Khaṭīb Al-Baghdādī, Al-Faqīh wa Al-Mutafaqqih article 53.

By Allāh, he who gives people verdicts (fatwā) for every question they ask him is crazy (majnūn). Ibn Battah Al-‘Ukbarī, Ibṭāl Al-Ḥiyal article 81, et al. Imām Ibn Battah (d. 304H) laments: So here is Ibn Masʿūd, swearing by Allāh that a person who gives people verdicts for every question they ask him is mad. And [now] if a person swore, he would not be breaking his oath, and if a person said, he would be speaking the truth: that most of the muftis of our time are mad. For you will hardly find a man who is asked about an issue pausing to consider carefully before answering, nor fearing Allāh and bringing to mind that Allāh is watching him, and fearing that He will say to him: What is the basis of your answer? Rather, most of them worry that it will be said: so-and-so was asked a question and he had no answer…

So here is Ibn Masʿūd, swearing by Allāh that a person who gives people verdicts for every question they ask him is mad. And [now] if a person swore, he would not be breaking his oath, and if a person said, he would be speaking the truth: that most of the muftis of our time are mad. For you will hardly find a man who is asked about an issue pausing to consider carefully before answering, nor fearing Allāh and bringing to mind that Allāh is watching him, and fearing that He will say to him: What is the basis of your answer? Rather, most of them worry that it will be said: so-and-so was asked a question and he had no answer…

The Sunnah of Al-Fiṭr consists of three things: Walking to the prayer place (muṣallā), eating before leaving [for the prayer] and taking a full bath.

Al-Firyābī, Aḥkām Al-ʿEidayn #18. Shaykh Al-Albānī graded its chain of transmission ṣaḥīḥ in Irwāʾ Al-Ghalīl 3:104.

Sit down. Then he would give a small address: Verily the fasting of this month has been made a duty upon you, and standing in night prayer has not been made a duty upon you, but those amongst you who can stand in prayer should do so, for it is from the extra good deeds about which Allāh told us: so whoever cannot stand in prayer, let him sleep on his bed. And beware of saying: I will fast if so and so fasts and I will stand in night prayer if so and so stands in prayer. Whoever fasts or stands in night prayer, he must make this for Allāh. And you should know that you are in prayer as long as you are waiting for a prayer. Minimize any vain or false speech in the houses of Allāh (mosques; he said this two or three times). Let none of you fast a few days before the month (in order to avoid missing the beginning of the month; he said this three times). And do not fast until you see [the crescent of the new month] unless it is overcast. If it is overcast, count [the previous month] as 30 days. Then do not break your fasts until you see the night upon the mountain (i.e. you are sure the sun has set). ‘Abd Al-Razzāq Al-Ṣan’ānī, Al-Muṣannaf article 7748.

‘Abd Al-Razzāq Al-Ṣan’ānī, Al-Muṣannaf article 7748.

Fasting does not mean keeping away from only food and drink, it also means keeping away from lying, falsehood, inanity and swearing [by Allāh without need]. It is reported that Ibrāhīm Al-Nakha’ī – Allāh have mercy on him – said: They used to say: lying breaks the fast. It is reported that Mujāhid – Allāh have mercy on him – said: There are two practices, if a person can keep himself from them, his fast will be secured for him: backbiting and lying. It is related that Abul-‘Āliyah – Allāh have mercy on him – said: The fasting person is in a state of worship as long as he does not backbite. [1] It is reported that Ḥafṣah bint Sīrīn – Allāh have mercy on her – said: Fasting is a shield as long as one does not tear it, and tearing it is when you backbite. [2] It is reported that Anas b. Mālik – Allāh be pleased with him – said: If the fasting person backbites, his fast is broken. [3] Notes Explaining the meaning of sins breaking the fast, Shaykh Al-Islām Ibn Taymīyah – Allāh have mercy on him – states: [4] It is related from some of the Salaf that backbiting, tale carrying and the likes break the fast, and it is mentioned as one opinion in the madhab of Imām Aḥmad. The final word on this issue is that Allāh the Exalted commanded people to fast in order to achieve piety (taqwā), and Allāh’s Messenger – praise and peace of Allāh be upon him – stated: Whoever does not leave off false speech and acting by it; then Allāh is not in need of him abandoning his food and drink. So if the fasting person does not achieve piety, he has not achieved what is intended through fasting, and so the reward of [his] fast will decrease in accordance [with how much he has gone against the intended goal, i.e. commensurate with his sins]. Righteous deeds have two intended goals: gaining reward and avoiding punishment. If a person fasts while also doing forbidden things, like backbiting, carrying tales between people or consuming what is forbidden and so on, he loses the reward. Thus, when the imams say [backbiting etc.] does not break the fast, it means that the person who sins is not punished in the way a person who openly breaks his fast would be punished. And those who said it does break the fast in the sense that the person has not achieved the intended goal behind fasting, or in the sense that he has lost the reward for fasting, then this statement is in agreement with the position of the imams. One who says it breaks the fast in the sense that the person is to be punished for leaving [the fast], then he is in contradiction to the imams. Conclusion A person who disobeys Allāh while fasting hasn’t truly grasped the intent behind fasting. The real goal is to achieve piety and obedience of Allāh through the abandonment of food, drink and sin. Although a person who backbites, lies or does other sins is not considered to have physically broken his fast, he loses the reward of fasting and in this sense he has broken his fast. Allāh knows best. [1] Ibn Abī Al-Shaybah, Al-Muṣannaf articles 8975, 8980, 8981 and 8982. [2] ‘Abd Al-Razzāq Al-Ṣan’ānī, Al-Muṣannaf articles 8975. [3] Hunād b. Al-Saree, Al-Zuhd article 1204. [4] Badr Al-Dīn Al-Ba’lī. Mukhtaṣar Al-Fatāwā Al-Maṣrīyah pp288, 289. 1st edn. 1418H. Dār Al-Kutub Al-‘Ilmīyah. Beirut, Lebanon.

[4] Badr Al-Dīn Al-Ba’lī. Mukhtaṣar Al-Fatāwā Al-Maṣrīyah pp288, 289. 1st edn. 1418H. Dār Al-Kutub Al-‘Ilmīyah. Beirut, Lebanon.

ʿAbdullāh b. Al-Ḥasan used to often sit with Rabīʿah. One day they were revising and studying various practices from the Sunnah when a man in the gathering said, “[But] this is not what is practiced [by the people].” ʿAbdullah said, “So if the ignorant become so numerous that they become the rulers and judges, will they then be a proof over the Sunnah?” Rabīʿah said, “I bear witness that these are the words of the sons of the Prophets.”

Al-Khaṭīb Al-Baghdādī, Al-Faqīh wa Al-Mutafaqqiharticle 384.

ʿAbd Al-Razzāq, Al-Muṣannaf 4:243; Ibn Abī Shaybah, Al-Muṣannaf article 9114; Al-Dāraquṭnī, Al-Sunan 2:193. Abū ‘Ubaydah b. Al-Jarrāḥ – Allāh be pleased with him – said, when asked about making up missed fasts of Ramaḍān separately, “Allāh did not legislate upon you the breaking of the fast, and then cause hardship on you when making it up, so count the days [you excusably missed] and fast them as you wish.” Ibn Abī Shaybah, op. cit. article 9133. Anas b. Mālik – Allāh be pleased with him – said, “If you wish, make up [missed fasts of] Ramaḍān consecutively, or if you wish, make them up separately.” Ibid. article 9115.

Ibid. article 9115.

ʿAbd Al-Razzāq Al-Ṣanʿānī, Al-Muṣannaf 4:225. ‘Amr b. Maymūn Al-Awdī reports, “The Companions of Muḥammad – Allāh’s peace and blessings be upon him – used to be the quickest to break the fast and the slowest in taking the pre-dawn meal.” Ibid. p226. Ibn Al-Musayyib also reports that ʿUmar wrote to the commanders of the various regions, ‘Do not be of the procrastinators when breaking the fast, and nor of those who wait for the stars before they start praying [al-maghrib].’ Ibid. p225. Mūsā b. Anas reports that Anas [ibn Mālik] used to have his slave-girl go to the top of his house, instructing her, ‘When the horizon becomes even (evenly lit, marking sunset), tell me.’ Ibn Abī Shaybah, Al-Muṣannaf 2:430. Abū Al-Tiyāḥ Al-Ḍabaʾī reports that “he used to break fast with Ibn ʿAbbās during Ramaḍān. When evening approached he would send a girl from his household to the roof [to look out], and when the sun set he would make the call to prayer (adhān). He would eat with us, and when he had finished, the call for the commencement of prayer (iqāmah) would be given, and he would pray, and we would pray with him.” Ibid. p429.

Ibid. p429.

Al-Dāraquṭnī, Al-Sunan 2:166. Al-Dāraquṭnī grades its chain of transmission ṣaḥīh.

Al-Bayhaqī, Al-Sunan Al-Kubrā, ḥadīth #6343. In Irwā Al-Ghalīl, under ḥadīth #146, Shaykh Al-Albānī graded its chain of transmission ṣaḥīḥ and said this is the best evidence for the recommendation to bath on the two ‘Eid celebrations.

I went out to the mosque with ʿUmar b. Al-Khattāb one night in Ramaḍān, and we found people in separate groups: some men praying by themselves and others praying with a small group behind them. ʿUmar said, “I think if I gathered them behind one reciter it would be better.” Later, he made up his mind and gathered them behind Ubay b. Ka’b. On another night, I went out with him again and the people were praying behind their reciter [Ubay]. ʿUmar said, “What a good innovation (bid’ah) this is, but what they are missing by sleeping is better than what they are staying up to pray.” He meant the last part of the night, for the people used to pray in the early part. This is further clarified by the more detailed report in Ibn Sa’d’s Al-Ṭabaqāt Al-Kubrā Vol.5 p42 from Nawfal b. Iyās Al-Hudhalī: During the time of ʿUmar b. Al-Khattāb, we used to pray in Ramaḍān in groups – here and there – in the mosque. People would incline to pray behind those who had the best voices. ʿUmar said, “Do I not see that they are treating the Qurān like song? By Allāh, if I can, I will change this.” Only three nights later, he told Ubay b. Ka’b to lead them in prayer, then stood behind the rows and said, “If this is a bid’ah, then what a good bid’ah it is.” Al-‘Allāmah Al-Mu’allimī Al-Yamānī graded this narration’s chain of transmission ṣaḥīḥ in his treatise Qiyāmu Ramaḍān p51. Points to note And Allāh knows best.

And Allāh knows best.

May Allāh curse those women who tattoo or seek to be tattooed, those women who remove facial hair or seek it to be removed and those women who put gaps between their teeth for beautification; those who seek to change Allāh’s creation. This reached a woman from Banī Asad who was called Umm Ya’qūb and who used to read the Qur`ān. She came to [Ibn Mas’ūd] and said, “What is this I hear from you, that you curse women who tattoo or seek to get tattooed, and those who remove facial hair and those who put gaps between their teeth for beauty, those who change Allāh’s creation?” ʿAbdullāh [Ibn Mas’ūd] replied, “And why should I not curse those whom Allāh’s Messenger has cursed and those who are mentioned in Allāh’s Book?” She said, “I have read [the Qur`ān] from cover to cover and I have not seen it mentioned.” He replied, “If you had really read it [carefully] you would have found it; Allāh the Mighty and Sublime said: And whatever the Messenger gives you, take it; and whatever he forbids you, shun it. [Al-Ḥashr (59):7] The woman then said, “Well I have just seen some of this on your own wife.” He said, “Go and see her.” So she went to the wife of ʿAbdullāh but didn’t see anything. She returned to him and said, “I don’t see anything.” He said, “Well, if any of those practices had been done I would not be with her any more.” Al-Bukhārī and Muslim. This translation is from the version in Muslim. Points to note These points have been summarized from Ibn Ḥajr, Fatḥ Al-Bārī and Al-Nawawī, Sharḥ Ṣaḥīḥ Muslim.

These points have been summarized from Ibn Ḥajr, Fatḥ Al-Bārī and Al-Nawawī, Sharḥ Ṣaḥīḥ Muslim.

We were once sitting in the masjid with Ḥudhayfah (ibn Al-Yamān) – Allah be pleased with him, when a man entered from the gates of Kindah and stood to pray; but he did not complete the bowing or prostration postures. When he had finished praying, Ḥudhayfah asked him, “How long have you been praying in this manner?” The man replied, “For forty years.” Ḥudhayfah said, “You have not prayed for forty years! And if you were to die praying in this manner you would die upon a way (fiṭrah) other than the way of Muḥammad – Allah’s peace and blessings be upon him.” Al-Bukhārī, Al-Ṣaḥīḥ, The Book of Adhān, without the mention of 40 years. A version in Al-Nasā`ī, Chapter on the Deficient Prayer, mentions the question and reply about 40 years. Shaykh Al-Albānī graded its chain of transmission ṣaḥīḥ in Sahīh Sunan Al-Nasā`ī no. 1311.

Al-Bukhārī, Al-Ṣaḥīḥ, The Book of Adhān, without the mention of 40 years. A version in Al-Nasā`ī, Chapter on the Deficient Prayer, mentions the question and reply about 40 years. Shaykh Al-Albānī graded its chain of transmission ṣaḥīḥ in Sahīh Sunan Al-Nasā`ī no. 1311.

Shall I not tell you who the real faqīh is? He is one who does not make people despair of Allah’s mercy, yet he does not give them concessions to disobey Allah. He does not make them feel safe from Allah’s plan and he does not leave the Quran. There is no good in worship that involves no efforts to gain fiqh, and there is no good in seeking fiqh without seeking a thorough understanding. And there is no good in reading without contemplating. Al-Ājurrī in Akhlāq Al-‘Ulamā’ no. 45, Al-Khaṭīb in Al-Faqīh wa Al-Mutafaqqih Vol. 2 pp338-339.

Al-Ājurrī in Akhlāq Al-‘Ulamā’ no. 45, Al-Khaṭīb in Al-Faqīh wa Al-Mutafaqqih Vol. 2 pp338-339.