Chapter 40. A General Chapter on the Legal Status of Various Practices
This deals with things which are fara'id (obligatory), mandatory or stressed sunna or recommended. He starts with fiqh topics:
40.1. Wudu'
40.1a. Its status
Wudu' for the prayer is obligatory. It is derived from wada'a (cleanliness).
[ It is obligatory for both obligatory or voluntary prayers. Zarruq said, "This is outwardly by removing filth and inwardly expiation of wrong actions." Lest someone imagine that all its elements are obligatory, he goes into further details.]
40.1b. Sunna elements
However, rinsing the mouth, inhaling water through the nose and wiping the ears in it are sunna.
[ Each of these parts is a sunna.]
40.1c. Siwak (Cleaning the teeth)
Siwak is recommended and desired.
[ This is when doing wudu'. It is very desirable.]
40.1d. Wiping over leather socks
Wiping over leather socks is an allowance (rukhsa) and mitigation.
[ It is permitting something normally not allowed. It is permitted both while resident and while travelling with certain preconditions which were already mentioned.]
40.2. Ghusl
40.2a. Obligatory ghusl
Ghusl on account of janaba, menstruation and lochia is obligatory.
[ Janaba is due to ejaculation or penetration.]
40.2b. Sunna ghusl
The ghusl on Jumu'a is sunna.
[ It is a stressed sunna. If it is for attending the Jumu'a, it is mandatory.]
40.2c. Recommended ghusl
A ghusl for the two 'ids is recommended.
[ This is the well-known position. It is also said that it is sunna.]
40.2d. Ghusl when becoming Muslim
It is obligatory for someone who becomes Muslim to perform ghusl because he is in janaba.
[ This is a general assumption. The ghusl is on account of janaba. If it is verified that there has been no janaba, it is not mandatory.]
[Hashiyya: The well-known position is that one has a ghusl before saying the shahada.]
40.2e. Washing the dead
Ghusl for the dead is a sunna.
[ Washing him unless he is a martyr from a battle or a miscarriage who has not cried. It is forbidden to wash the martyr.]
[Hashiyya: The well-known position of the Maghribis is that it is sunna while the Iraqis say that it is fard kifaya.
40.3. The Prayer
40.3a. The obligatory prayer and its elements
The five prayers are obligatory, as is saying the takbir al-Ihram. The rest of the takbirs are sunna.
[Hash: Saying, "Allahu akbar". This is for those who can say it properly. If one cannot properly articulate it, he begins the prayer by the intention. Ashhab said that all the takbirs are one sunna which differs from the position of Ibn al-Qasim that each one is a sunna.]
Beginning the prayer with the intention of performing the obligation is obligatory.
[The intention is within the words of the takbir. If it is later than that, it is not satisfied. Nor is it satisfied if it is a lot before it. If it is made a little before it, it satisfies the requirement. The most complete form is that the intention accompany the takbir.]
Raising the hands is sunna.
[Raising the hands only refers to the takbir al-ihram and not the rest of the takbirs. It is also said that it is recommended. ]
[They are raised opposite the ears or a little below them.]
Recitation of the Fatiha in the prayer is obligatory and reciting more of the Qur'an is a mandatory sunna.
[Recitation of the Fatiha is obligatory for the imam and the person praying alone in every rak'at. The obligation is satisfied by the imam in the case of someone following an imam. ]
Standing, bowing and prostration are obligatory.
[ Standing in the prayer is obligatory for the one who is able to do it. If someone omits any of the obligatory standing, bowing and prostration, the prayer becomes invalid.]
The first sitting is sunna and the second is obligatory.
[The first sitting contains the two tashahhuds.]
Saying the salam is obligatory and turning the head to right while saying it a little is sunna.
[The final salam which ends the prayer is obligatory for every prayer, but not the prostration of recitation.]
Not speaking in the prayer is obligatory and the tashahhud is sunna.
[ The only speaking allowed in the prayer is to correct the imam, which should be kept to a minimum or else it invalidates the prayer. The two tashahhuds are sunna according to the well-known position. ]
40.3b. Qunut
The qunut in the Subh prayer is good, but not sunna.
[ The qunut done silently is recommended, but not a strong sunna and so there is no prostration owed by the one who forgets it.]
Facing qibla is obligatory.
[ Facing the qibla is obligatory in every prayer with bowing and prostration and other prayers like the funeral prayer, except in intense fear in face of the enemy or illness when there is no one to move the invalid towards qibla. He then prays however he can.]
40.4. Other prayers
40.4a. The Jumu'a prayer
The Jumu'a prayer and going to it are obligatory.
[Hash: It is individual obligation for every free adult male. There must be a special intention for it as Jumu'a. Al-Lakhmi, however, said that it is a fard kifaya and Ibn Wahb reported that it is sunna.]
40.4b. The witr prayer
The witr prayer is a mandatory sunna,
[ Mandatory sunnas are stressed, and the most mandatory of them is the witr, then the 'id prayers, then the eclipse and then the rain prayer. ]
40.4c. Other mandatory sunnas
as are the two 'id prayers, the eclipse prayer, the rain prayer, and the fear prayer.
[Hash: The position which is relied on is that the prayer for a lunar eclipse is recommended.]
40.4d. The fear prayer
The fear prayer is mandatory sunna since Allah Almighty commanded it. It is an act by which they obtain the excellence of the group prayer.
[ Allah commanded the fear prayer when He says, "When you are with them and are leading them in the prayerÉ" (4:101-3) The prayer in itself is obligatory, and sunna in the form mentioned.]
40.5. Ghusl before entering Makka
It is recommended to have a ghusl before entering Makka.
40.6 Joining prayers
40.6a. Rainy nights
Joining prayers on a rainy night is mitigation. The Rightly-guided khalifs did it.
[ Joining Maghrib and 'Isha' when it is dark and muddy. The Messenger of Allah, may Allah bless him and grant him peace, did it and he is the model as did the Rightly Guided Khalifs.]
40.6b. Joining in the hajj
Joining at 'Arafa and Muzdalifa is a mandatory sunna.
[ At 'Arafa it is Dhuhr and 'Asr and at Muzdalifa it is Maghrib and 'Isha'.]
40.6c. Travellers
A traveller joining prayers in an urgent journey is an allowance.
[ In a mandatory journey like performing the obligatory hajj or recommended or permitted journey, like a voluntary hajj or for commerce. The apparent meaning is that the journey must be urgent, and that is what is in the Mudawwana, but that is not a precondition in the Mukhtasar.]
[Hash: There is no allowance for it in a forbidden journey, like one involving robbery, or a disliked one, like hunting for pleasure.]
40.6d. A sick person
A sick person joining prayers when he fears he will lose consciousness is a concession. The same applies to joining them because it is easier for him.
[ This is an allowance. When he joins the prayers and then does not lose consciousness at the time of the second prayer, he repeats the prayer. When he joins because of weakness, he joins them with one wudu' and then it is an easement.]
40.7. Fasting and prayer in a journey
Not fasting while travelling is an allowance and shortening the prayer while travelling is mandatory.
[ This is in a journey in which he can shorten the prayer. He can fast or not fast. The well known position is that fasting is better. Shortening the prayer, however, is mandatory as it is one of the confirmed sunnas, but it is not unlawful to pray in full.]
40.8 Supererogatory prayers
40.8a. Fajr
The two rak'ats of Fajr are desirable, and it is said that they are sunna.
[ With a particular intention. The well-known position is that they are desirable, and the second position of that of Ibn al-Hajib, who follows Ibn 'Abdu'l-Barr.]
40.8b. Duha
The Duha prayer is supererogatory.
[ The nafila is what is less than the sunna and the desirable.]
[Hash: The Mukhtasar states that is excellent. Its minimum is two rak'ats and its maximum is eight rak'ats with the majority of the people of the School. It is also said that it has no maximum. Its time begins with the nafila becomes permitted.
40.8c. Night prayers
Praying at night in Ramadan is supererogatory and there is great virtue in it. If someone does it with faith and in anticipation of a reward, he will be forgiven his past wrong actions. Praying at night in Ramadan and other times is desirable and supererogatory.
[ This is the tarawih prayers. The Prophet, may Allah bless him and grant him peace, said in a sound hadith, "Whoever prays at night in Ramadan in faith and anticipation of the reward will be forgiven his past wrong actions."
[Hash: Night prayers are a sign of the righteous. They are best down in the last third of the night. This is the tahajjud.]
40.9. The Funeral Prayer
The prayer over dead Muslims is obligatory and the duty is satisfied by those who perform it. The same applies to taking them to burial. Washing them is a mandatory sunna.
[ It is a fard kifaya or sunna kifaya. As for the sunna of washing, whoever says that the ghusl is sunna says that the prayer is sunna, and those who say that it is mandatory, say they are both mandatory. It is most likely that both are mandatory.]
40.10. Knowledge
The same is true of seeking knowledge. It is a general obligation which is satisfied by those who perform it except for that knowledge which is obliged individually for a man.
[ It is mandatory for all the Muslims. Individually obliged knowledge is like tawhid, wudu', prayer, hajj, buying and selling by what is confirmed and established that it is not permitted for anyone to embark on a matter until he knows the ruling of Allah in it. This is about individual obligations which no one can do for another.]
40.11. Jihad and forts
40.11a. Jihad
The obligation of jihad is general and is satisfied by those who perform it, unless the enemy attack the settlement of a people in which case it become obligatory for them to fight them provided the enemy are not twice their number or more.
[ It is a general obligation for the Muslims as a whole. If the enemy suddenly attacks the settlement of the people, then it becomes an individual obligation for male and female, free and slave. When, however, the enemy is twice the number of the Muslims, they are permitted to flee.]
40.11b. Ribat
Ribat at the frontiers of the Muslims and defending them and fortifying them is mandatory and the duty is satisfied by those who undertake this.
[ Staying at the frontiers. This is a fard kifaya.]
40.12 Fasting
40.12a. Obligatory fasting
Fasting the month of Ramadan is an obligation.
[ For every responsible Muslim who is not menstruating or bleeding after childbirth.]
40.12b. I'tikaf
I'tikaf is supererogatory.
[ Nafila. It is staying in the mosque for dhikr and reciting the Qur'an. It is also said that it is sunna.]
40.12c. Supererogatory fasting
Voluntary fasting is desirable. It is desirable to fast the day of 'Ashura', the month of Rajab, the month Sha'ban, the day of 'Arafa and the Day of Tarwiyya. Fasting the Day of 'Arafa is better for someone not performing hajj than for the one on hajj.
[ This is fasting at times when it is not forbidden to fast. It is better explained by the words of the Almighty, "The steadfast will be paid their wages in full without any reckoning." (39:10) Steadfastness is explained as meaning fasting.
'Ashura' is the 10th of Muharram.
[Hash: It is desirable to fast it based on what Muslim transmitted that the Messenger of Allah, may Allah bless him and grant him peace, said when he was asked about fasting the Day of 'Arafa. He said, "It expiates the past and future year." He was asked about fasting 'Ashura' and said, "It expiates the past year."]
'Arafa is the 9th of Dhu'l-Hijja and Tarwiya is the eight of Dhu'l-Hijja. It is better for the hajji not to fast the Day of 'Arafa.]
40.13 Zakat
Zakat on money, crops and livestock is obligatory. The zakat al-fitr is a sunna made obligatory by the Messenger of Allah, may Allah bless him and grant him peace.
[Hash: Money means gold and silver, to exclude new filus, even if it is the currency. Trading good are also included.]
Zakat al-Fitr was made mandatory by the Prophet.
[Hash. It is said that it is sunna.]
40.14. Hajj and 'Umra
40.14a. Its ruling
Making hajj to the House is obligatory and 'umra is a mandatory sunna.
[It is obligatory once in a lifetime. 'Umra is a confirmed sunna once in a lifetime.]
40.14b. Its elements
The talbiya is a mandatory sunna. The intention to perform the hajj is obligatory. Tawaf al-Ifada is obligatory and the sa'y between Safa and Marwa is obligatory. The tawaf connected to it is mandatory and the Tawaf al-Ifada is more stressed than it. The tawaf of Farewell is sunna.
[ The Tawaf al-Ifada is after the return from 'Arafa. The tawaf connected to Sa'y is the Tawaf of Arrival. If it is omitted, there is a sacrifice owed for its omission. The Mukhtasar says that the Tawaf of Farewell is recommended.]
40.14c. Further elements
Spending the night at Mina on the Day of 'Arafa is sunna. Joining prayers at 'Arafa is mandatory and standing at 'Arafa is obligatory. Spending the night at Muzdalifa is a mandatory sunna. Stopping at the Mash'ar al-Haram is commanded. Stoning the jamras is a mandatory sunna.
[ There is no sacrifice owed by someone who misses the night at Mina. "Commanded" here means recommended.]
40.14d. Shaving the head and kissing the Black Stone
That is also true of shaving. Kissing the Black stone is a mandatory sunna.
[ Shaving the head is a mandatory sunna for a man, not a woman. Kissing the Black Stone is in the first circuit.]
[Hashiyya: Shortening the hair is also allowed. Sacrifice is obliged for the one who omits it or delays it. For women, the duty is to shorten it.]
40.14e. Ghusl during hajj
A ghusl for assuming ihram is sunna and two rak'ats at that time is sunna. A ghusl at 'Arafa is sunna and a ghusl for entering Makka is recommended.
[ Ghusl for assuming ihram is sunna for both a man and a woman, even if she is menstruating or has lochia. Ghusl at 'Arafa is sunna for standing at 'Arafa.]
40.15. Group prayer
40.15a. Its excellence
Doing the prayer in a group is twenty-seven times better than praying alone.
[ One version has 25. It is certainly far better than praying alone.]
40.15b. The prayer in particular mosques
Praying in the Masjid al-Haram and the Mosque of the Messenger, may Allah bless him and grant him peace, alone is better than praying in other mosques. There is disagreement about the difference in the amount of excellence between the Masjid al-Haram and the Mosque of the Messenger, peace and blessings be upon him. There is no disagreement that praying in the Mosque of the Messenger, may Allah bless him and grant him peace, is better than a thousand prayers in other mosques except for the Masjid al-Haram. The people of Madina say that the prayer in the Prophet's Mosque in better than the prayer in the Masjid al-Haram, but less than a thousand times better. This is all about obligatory prayers. As for voluntary prayers, they are better done at home.
[ The Mosque of Jerusalem in next in excellence. This is the disagreement about whether Makka or Madina is better. The well-known position of the School is that Madina is better. The meaning of the difference in their excellence is in the reward for action done in one of them is more than the other. There is also a difference of opinion about whether the prayer in the mosque of Madina or better or in the Masjid al-Haram. Some say that the prayer in the Prophet's Mosque is 700 times more excellent.
Voluntary prayers are better done at home because the Prophet, may Allah bless him and grant him peace, said, "Put some of your prayers in your houses."]
[Hash: Ibn al-Qasim related from Malik that he preferred nafila prayers at home to nafila prayers in the Mosque of the Prophet, may Allah bless him and grant him peace, except for visitors. He preferred that they do their nafila in the mosque.]
40.15c. The difference between prayer and tawaf
We prefer for the people of Makka to do supererogatory prayers than to do tawaf, but tawaf is better than the prayer for visitors because of the little opportunity they have to do.
[ This is the Maliki position. This is so that they do not crowd the visitors.]
40.16. Looking at women
It is an obligation to lower the eye and not look at forbidden women, but there is no harm in the first glance when it is not deliberate, not in looking at woman who does provoke desire nor in looking at a young woman for a legitimate reason, such as identifying her and the like. There is a similar allowance for someone proposing marriage.
[ Ibn al-Qattan said that there is consensus that no major wrong action is connected to the eye, but it is the faculty which brings the greatest harm to the heart and is quickest in destroying the deen and this world. It is forbidden to look at a woman who is not related within the prohibited degrees or a beardless youth for pleasure since Allah tells the believers, "Lower your eyes." (24:30)
There is no wrong action in the first glance which is not intentional nor at looking a woman for there is no attraction for men. Identification is for marriage, or for sales purposes. The same principle applies to the doctor and surgeon, which is what is meant by "the like".
There is an allowance for someone who intends to marry who wants to know what the woman is like. This is confined to the face and hands. There is an allowance for looking at the face since the face indicates beauty and the hands indicate the plumpness of the body. The origin of that is the command of the Prophet, peace and blessing upon him.]
40.17. Immoral speech
It is an obligation to guard one's tongue from lying, perjury, obscene language, backbiting, gossiping, and all falsehood. The Messenger, peace and blessings be upon him, said, "Anyone who believes in Allah and the Last Day should speak well or be silent." The Prophet, peace be upon him, said, "Part of the excellence of a person's Islam is his leaving alone what does not concern him."
[ This is one of the mandatory matters.]
Lying
[Hash: Lying is forbidden because Allah says, "And call down the curse of Allah upon the liars..." (3:60) and the Prophet, may Allah bless him and grant him peace, said, "There is no good in lying." The consensus is that it is forbidden.]
Perjury
[ A person should guard his tongue against perjury, which is testifying to what he does not know, even it actually happened.]
[Hash: It is confirmed that the Prophet, may Allah bless him and grant him peace, said, "Shall I tell you of the greatest of wrong actions?" and he repeated that three times. They said, "Yes, Messenger of Allah." He said, "Associating others with Allah, disobeying parents." He was reclining and sat up and said, "And lying words and perjury." He continued to repeat until they wished he would be silent.
Obscene language (Fahsha')
[ He should guard his tongue from obscene language, which is every forbidden word or deed. ]
Backbiting (ghiba)
[ He should guard it against backbiting which is that someone says something about another which he dislikes behind his back. That excludes him disliking for his obedience to be mentioned, because this is praise, and praise is not like that. If he praises him for what he dislikes and does not have, that is forbidden because it is a lie, not slander. ]
Gossiping (namima)
[ Gossiping is passing on words about someone to someone else for corruption. ]
Falsehood (batil)
[ All falsehood means words since their source is the tongue. What is meant by falsehood are words and falsehood is too varied to be enumerated. It is the opposite of the truth.
Then the author offers evidence in the form of two sound hadiths. Even if they stem from specific cases, they are obligatory in general. It is generally seeking to guard the tongue against lying. In the first hadith it appears that he can choose between speaking good or being silent about it. That is not sound because some words can be mandatory, like commanding the correct and forbidding the bad. This is why it is not taken literally. It means: He should speak good or be silent about evil, i.e seeking by both courses to do good.
A person should leave all that does not concern him, which means all that does not bring him benefit in his deen or the Next World. That which concerns him is that whose abandonment will cause him to miss the reward. He said, "Part of the excellence of a person's Islam," not "part of a person's Islam" because that it is not the attribute of Islam, but part of its excellence.]
40.18. Taking a Muslim's life or property
40.18a. The basic ruling
Allah Almighty has made the blood of Muslims, their property and their honour inviolable except for a right.
[ Allah says, "Do not kill any person Allah has made inviolate, except by a legal right." (17:33) The same applies to the people of dhimma and treaty. Allah has made their property inviolable when He says "Do not consume one another's property by false means" (4:21) and the Prophet, may Allah bless him and grant him peace, said, "The worst of usury in the sight of Allah is making a Muslim's honour fair game." What is meant is speaking about his honour, which is making it fair game.]
40.18b. The exceptions to that rule
The life of a Muslim is not lawful unless he apostasies after belief, commits illicit sex after he is muhsan, kills someone when it is not a case of retaliation, or engages in corruption in the earth or renounces the deen.
[ The exception to this inviolability is for a legal right, which refers to the three matters which he mentioned. In property, anyone who destroys something must pay for it.
The cases when taking life is permitted are indicated here. In the case of apostasy, he is asked to repent for three days. "Corruption in the earth" is banditry and highway robbery. Renouncing the deen is to embrace the dogma of the people of the sects about whom the Prophet, may Allah bless him and grant him peace, said, "They will pass through the deen like an arrow passes through game." In the Misbah, it goes through one side and comes out the other. ]
40.19. Sexual and related restrictions
40.19a. Avoiding the unlawful
You should keep your hands from what is not lawful to you in property, body or blood. Do not let your feet move after what is not lawful for you.
[ In property it is like theft. In body it is touching other than one's wife or slavegirl. Blood includes both killing and wounding.]
40.19b. Sexual restrictions
Do not let your private parts or any of your body touch what is not lawful for you, Allah Almighty says, "those who guard their private parts – except from their wives or those they own as slaves, in which case they are not blameworthy; but those who desire anything more than that are people who have gone beyond the limits ." (23:5-7)
[ Do not advance to illicit sex.]
40.19c. Prohibition
Allah has forbidden obscenity, whether open or secret, and approaching women sexually when they are bleeding from menstruation or lochia. He has forbidden marriage to the women who were already mentioned.
[ Allah says, "My Lord has forbidden indecency, both open and secret." (7:3) At-Tata'i said that fawahish includes every ugly word or action which appears on the limbs or is in the consciousness and hearts. Allah forbade vaginal intercourse with women during menstruation or lochia. Other than looking is forbidden to enjoy what is between the waist and knee, even without intercourse, and from above a barrier. There is nothing wrong in looking. The confirmation of this is the words of the Almighty, "Do not approach them until they have purified themselves." (2:220) He already mentioned the women it is forbidden to marry.]
[Hash: The consensus is that it is permitted to enjoy what is above it. As for what is below the waist other than the vagina, there are two positions. The most famous is that it is forbidden. There is disagreement about the reason for the prohibition. It is said that it is based on devotion (i.e. no logical reason) and it is said that it is feared that any child conceived from such intercourse will suffer from leprosy, and it is said that it is feared that it will harm the man. This prohibition applies to non-Muslim women as well as Muslim women because the prohibition is directed to the husband.
40.20. Doing what is good and avoiding doubtful things
40.20a. Good is commanded
Allah commanded eating what is good, which is the lawful. It is only lawful for you to eat what is lawful or to wear what is lawful or to ride what is lawful or live in what is lawful. Everything else which you use must be lawful.
[ The halal is that which has no consequences and is not connected to the a right of Allah or a right for others, That is indicated by His words, "O you who believe! Eat of the good things We have provided for you." (2:171) What is meant here by eating (akl) is use. When you know that Allah has commanded you to eat what is lawful, it is only lawful for you to consume what is lawful. Ibn ÔAbbas said, "Allah does not accept the prayer of someone who has the haram in his belly." Also, "If someone eats a morsel of the haram, Allah will not accept his actions for forty days."
In riding, it is not lawful to ride a usurped or stolen mount. Living in a dwelling bought by stolen goods is unlawful.]
40.20b. Doubtful things
Besides good things there are doubtful things. If someone leaves them, he is safe, and if someone takes them, he is like someone who grazes around a private preserve: he is likely to stray into it.
[ Besides the lawful, there are things whose legality is uncertain. A private preserve linguistically is that which is protected by power and which others are forbidden to graze in it. What is meant is to avoid the doubtful and confine oneself to the lawful. This is based on the famous hadith: 'The halal is clear and the haram is clear. But between the two there are doubtful things about which most people have no knowledge. Whoever exercises caution with regard to what is doubtful, shows prudence in respect of his deen and his honour. Whoever gets involved in the doubtful things is like a herdsman who grazes his animals near a private preserve (hima). He is bound to enter it."]
40.21. Injury to property rights
Allah has forbidden taking property falsely. False acquisition includes misappropriation, transgression, treachery, usury, bribery, gambling, risk, adulteration, deceit and duping.
[ i.e. taking it in an impermissible manner. What is meant is not actually "eating" [The text uses 'akl']. It is a metaphor for taking because consumption is often done by eating.
Usurpation (ghasb) is taking wrongful possession of someone else's property.
[Hash: This is not like highway robbery (hiraba) where the rightful owner has no access to help.]
Transgression (ta'addi) is in the 'ariyya and renting.
[Hash: Like increasing the size of the land loaned to a person or increasing the burden carried by a rented animal.]
Treachery (khiyana) is to be treacherous towards someone regarding his property, family or trust or himself.
Usury is to increase the price or term in a manner not permitted.
Suht is a bribe which a witness takes for his testimony or a judge for his rulings.
[Hash: This also includes things like the earning of a prostitute.]
Gambling is earning by backgammon and other forms.
Risk (gharar) is excessive risk like buying a bird in the air or a fish in the sea. A small risk is allowed because sales cannot be achieved without it like grains sold which might contain some mud.
Adulteration (ghashsh) is to mix something base with the goods.
[Hash: Other forms of this is perfuming garments and watering animals after giving them salt (so they appear plump).]
Deceit (khadi'a) is by word or deed to achieve a worldly desire. This is like when he says to a man who comes to him, "Your day is blessed. You have your desire," until he buys from him. Duping (khalaba) is like deceit.
40.22. Forbidden meat
40.22a. Meat which is forbidden
Allah has forbidden carrion, blood, pork and what is hallowed to other than Allah and what is sacrificed to other than Allah, and that whose death has been caused by falling from a mountain or being hit with a stick or something else, or strangled with a rope or something else.
[ Carrion other than that of the sea.
[Hash: There is disagreement about the reason for the prohibition of the first three. It is said that is a pure act of devotion. It is said that the reason is logical: carrion is dangerous to the health, blood causes the heart to become hard, and pork removes jealousy (i.e. leads to open lewdness).]
"Hallowed" means slaughtered with the voices raising mentioning other than Allah, like the name of the Messiah. He also forbade what is sacrificed to things like idols. There is nothing wrong, however, in eating the food of the People of the Book, which is a seeming contradiction inasmuch as the slaughtered animals of the People of the Book are mostly directed to 'Isa, for instance, which would be slaughtering for other than Allah. Ibn 'Umar answered what was said here means the sacrifices of the Magians. In short, it would seem that the slaughtered animals of the People of the Book are absolutely eaten, whether they are hallowed to other than Allah or not, but that is not the case. The fiqh of the matter is that the animals of the Kitabis are not lawful when they are specifically hallowed to other than Allah and the slaughtered animals of the Magians are never lawful.
What falls from a mountain is not eaten, even if it is slaughtered because one does not know what the cause of death was, Helping to die is with an arrow or stick or the like the stone. Strangled animals includes what is strangled between two branches. The evidence for prohibition is the words of Allah, "Forbidden for you are carrion, blood and porkÉ" (5:4)
40.22b. Dire necessity
Unless there is dire need of such meat, like carrion.
[ When one is forced to eat that, it is not unlawful to eat it, like carrion of animals which are eaten or that of animals which are not eaten, except for the human being.]
40.22c. The extent to which it is allowed
When an animal reaches a state after which it cannot live due to those reasons, then there is no slaughter of it. There is no harm in someone compelled by necessity eating carrion and having his fill and taking provision from it. When he has no need of it, then he throws it away.
[ This is what will customarily result in death. It appear from what he says that this is the case whether you administer the mortal blow or not. This is different from the School. The specifics in the School is that if has definitely or probably receives a mortal wound, there is no slaughter in that. If that is not the case, slaughter is accomplishes in it, even if it must die. The one forced by necessity can eat. One might think that not eating is better, but that is not the case. Eating is mandatory as Malik said since the Almighty says, "Do not kill yourselves." (4:29)
He eats his fill as Ibn Naji says. Malik says that he only eats what will sustain life. Malik says that he can take provision from it. It is also said that he does not do that. It is mandatory to discard it when it is no longer needed.
[Hash: The position of the majority is that he eats his fill.]
40.22d. Skins of carrion
There is no harm in using its skin when it as been tanned, but one does not pray on it nor sell it.
[ The skin of carrion. If it has not been tanned it is used at all. One does not pray it or sell it in the well-known position.]
40.22e. Skins of beasts of prey
There is no harm in praying on the skins of beasts of prey when they have been slaughtered, and they can be sold.
40.22f. Hair and wool
The wool and hair of carrion are used as well as what is removed from them while alive. We prefer that it be washed. One does not use its feathers, horns, claws or teeth. It is disliked to use the tusks of elephants.
[ Ibn Habib says that it is mandatory that it be washed. What is meant by feathers is the quills of the feathers of dead birds because the down is like hair in its purity by cutting. As for horns, they are not used at all absolutely, either the tip or the base. This is when the elephants have not been slaughtered, although some take it to mean that it is forbidden.]
40.22g. Pigs
All of a pig is forbidden, but there is an allowance to use its hair (bristles).
[ The meat, fat, bones and skin of a pig are forbidden: eating it or using it. The bristles are allowed because they are not impure in the well-known position. ]
40.23. Forbidden drink
40.23a. Its definition
Allah has forbidden drinking wine, a little or a lot. The drink of the Arabs at that time was date wine. The Messenger, peace be upon him, made it clear that if a lot of something intoxicates, then a little of it is unlawful. Any drink which drugs the mind and intoxicates it, whatever it is, is considered to be 'wine'. Furthermore, the Messenger, peace be upon him, said, "The One made it unlawful to drink it made it unlawful to sell it."
[ It says in the commentary of the 'Umda al-Ahkam that one of the shaykhs said, "Even he puts the amount on the end of a needle onto his tongue, he receives the hadd." What was drunk at the time of the prohibition was date wine. That was made by crushing dates and putting them in vessels and putting water on it and leaving it to ferment. A little of it is unlawful, even if it does not intoxicate.
What is meant is not everything which drugs the intellect, but what drugs it as a result of intoxicate, i.e. rapture and joy. In Muslim, the Prophet, may Allah bless him and grant him peace, said, "Every intoxicant is wine, and every wine is unlawful."
The Prophet, may Allah bless him and grant him peace, forbade selling it. Malik related in the Muwatta' that Ibn ÔAbbas said "A man gave the Messenger of Allah, may Allah bless him and grant him peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Don't you know that Allah has made it haram?' He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah, may Allah bless him and grant him peace, asked what he had whispered and the man replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The One who made drinking it haram has made selling it haram.' The man then opened the water-skins and poured out what was in them."]
40.34b. Mixing drinks
The Messenger also mixing drinks, whether they are mixed when they are set aside for fermentation or are mixed when they are drunk.
[ This is a prohibition of drinking them because the prohibition is connected to actions. There are two forms. One is ripening dates and raisins and then mixing them and putting them in one vessel, pouring water on them and then leaving them to ferment. The second is when they are fermented on their own and then mixed for drinking.]
40.34c. Fermentation vessels
He forbade storing/ fermenting juices in gourds or in pitch-lined containers.
[ These are gourds which are lined with pitch which are quick to cause fermentation.]
40.24. Other forbidden meat
40.24a. Beasts of prey and domestic animals
The Messenger, peace be upon him, forbade eating every animal with fangs and the meat of domestic donkeys. Included with donkeys is horsemeat and the meat of mules since Allah Almighty says, "both to ride and for adornment." (16:8) None of these are slaughtered except wild asses.
[ It is all beasts with fangs with which it attacks and which prey, like tigers, panthers, and wolves. The fox is not a best of prey, even though it has fangs, because it does not attack or prey.
Horse meat and mules as well as donkeys are forbidden. That is because Allah mentioned flocks and said, "There is warmth for you in them, and various uses and and some you eat." (16:5) When He mentioned these, He only mentioned riding and adornment. That indicates that only that is permitted in th]em. Slaughtering any of these, including beasts of prey, does not render it eatable with the exception of wild asses.
40.24b. Birds of prey
There is nothing wrong in eating birds of prey and those with talons.
[ All such birds are eatable.]
[Hashiyya: One does not eat bats because they are unclean.]
40.25. Treatment of parents
It is an obligation to be dutiful to one's parents, even if they are evildoers or idolaters. One should speak kindly to them and keep their company with correct politeness, but not obey them in disobedience as Allah Almighty states. A believer must ask for forgiveness for his parents if they are believers.
[ Whether they are evildoers in action or creed. Part of correct behaviour is to lead the one who is blind to the church and to carry them to it, and to give them what they spend in their festivals. He must not raise his voice above their voice. He should be kind to them in all that the ShariÔa allows.
One does not obey them in disobeying Allah as Allah says, "If they endeavour to make you associate something with Me about which you have no knowledge do not obey them." (29:7) He must ask forgiveness because of the words of Allah, "Say, 'Lord, show mercy to them as they did in looking after me when I was small." (17:24) He does not ask forgiveness for them after their death if they are unbelievers by consensus.]
40.26 Treatment of Fellow Muslims
40.26a. Love for fellow Muslims
A believer must always protect believers and give them good advice. No one reaches the reality of faith until "he loves for his brother believer what he loves for himself." That is related from the Messenger of Allah, may Allah bless him and grant him peace.
[ This is friendship and showing love to them and not doing what would alienate them, like envy and other such things. He must give them good advice because that the Prophet, may Allah bless him and grant him peace, said in a sound hadith, "The deen is good counsel," i.e. most of the deen is good counsel, as he said, "Hajj is 'Arafa." Those present asked him, "For whom, Messenger of Allah?" He said, "To Allah, His Book, His Messenger, the leaders of the Muslims and their common folk."
Good counsel to Allah that you describe Him with what He describes Himself of necessary attributes and disconnect Him from what is not appropriate for Him. Good counsel for His Book is to recite it properly and obey its commands and avoid its prohibitions. Good advice for His Messenger is to believe in him and all that what he brought. Good counsel for the leaders is to obey their commands and to follow the laws which agree with the ShariÔa in measures and weights and other things. Good counsel for the common is to guide them to their best interests and to treat them with truthfully.
He mentions the extent of love which is to want for your fellow believer what you want for yourselves because it is the greatest pillar and necessary for the maintenance of the pillars, and it is not related that faith has any other pillars. The "brother" is mentioned to exclude the Messenger, blessings be upon him , from that because "A person is not a believer until he loves the Messenger, may Allah bless him and grant him peace, more than his wealth, his children and himself."]
20.26b.Maintaining ties with kin
He must maintain ties with his relatives.
[ That is every relative by lineage through mother or father.]
[Hash: This maintaining of ties includes visiting relatives, spending on those who are in need, good words, asking about how they are, overlooking their faults and helping them. It varies with different relatives. What is meant are believing relatives, not unbelievers, except for dutifulness to parents. Visiting means those who live nearby. Otherwise it is achieved through letters.]
20.26c. Duties owed to fellow Muslims
A believer must greet another believer when he meets him, visit him when he is ill, wish him well when he sneezes, attend his funeral when he dies and defend him when he is absent, publically and in secret.
[ He should initiate the greeting when he meets him. As for visiting the one who is ill, part of the adab of that is that when he asks about his condition, he shows him compassion and does not make him despair. Wishing him well when he sneezes is to say to him, "May Allah have mercy on you" when he hears him praise Allah. He must attend his funeral: both the prayer and the burial. He should not slander him in his absence nor should he wish him ill.]
[Hash: Visiting the ill is a fard kifaya. He should also make supplication for the person who is ill and place his hand on his hand or his forehead to see how he is. He should not look at the private areas of the house or things one would normally not wish to be seen.]
20.26d. Impermissible shunning
One does not shun his brother for more than three days. The greeting ends the shunning, but he should not leave off speaking to him after the greeting.
[ Shunning is not speaking to him or greeting him. Three days is based on the words of the Prophet, may Allah bless him and grant him peace, "It is not lawful for a Muslim to shun his brother for more than three days." It is understood from this that shunning for three days is allowed, even if shunning is forbidden in general since that is difficult because of human nature which is rarely free of anger. The greeting, if he intends it, ends the shunning. If the other returns it, they both end the shunning. Otherwise only the greeter ends it. It is recommended that he be easy and continue to speak to him, because leaving it after giving the greeting is a bad opinion of him.]
20.26e. Permitted shunning
Permissible shunning is to shun someone with an innovation or someone who openly commits major wrong actions provided he cannot punish him and is unable to admonish him or the individual will not accept admonishment.
[ This means a forbidden innovation like the Qadariyya who said that good and evil come from man, not from Allah.
[Hash: Innovation is divided into forbidden and disliked. Forbidden innovations also include saying that the Night Journey was only a dream and the Rafidiyya (extreme Shi'a who reject Abu Bakr and 'Umar).]
Someone who openly commits major wrong actions and makes no attempt to conceal them is like someone who drinks wine openly. The place for shunning someone who openly commits wrong action is when he cannot punish him by the Shari'a by discipline and the like, like types of ta'zir. If he cannot admonish him by the difficulty to of mending him or if he will not accept it because of his lack of sense and the like.
20.26f. When talking about someone is not backbiting
In these two cases, mentioning the situation of someone is not backbiting nor is it backbiting when someone is consulted about someone's character for the sake of marriage or joint enterprise or the like, nor for the purpose of assessing the character of a witness and the like.
[ In these two cases, mentioning their state of iniquity in creed or limb. When he is asked about them, he says about the innovator, "So-and-so's dogma is false since it differs from the people of the Sunna." In respect of the one who openly commits wrong action, he says, "So-and-so persists in major wrong actions." It is permitted to mention what he displays but forbidden to mention his other faults. This is not backbiting.
If someone is asking about someone to marry, as when he says, "I want to marry the daughter of so-and-so but I do not know his state," then he can mention his state to advise him and nothing more. The same is true if the enquirer is planning on entering into a partnership and the like and the person wants to know if he can be trusted. The same holds for assessing the character of a witness, or someone for which act as an imam for the prayers. They ask about him and he can inform them of his shortcoming. Indeed, he must do that. It is the same in dealing with the character of a transmitter out of fear that he will attribute something to the Prophet which he did not say.]
20.26g. Noble character
It is noble character to pardon the one who wrongs you and to give to the one who refused you and to join the one who cut you off.
[ That is because the Prophet, peace and blessing be upon him, said, "My Lord commanded me to connect those who cut me off, to give to those who deprive me, and to pardon those who wrong me."]
20.26h. Four hadiths about good character
The sum of good adab and its peak can be derived from four hadiths.
[ These are the qualities which amount to good character. They are called adab because they are learned. The peak is the acme of good.]
1. The Prophet, peace be upon him, said, "Anyone who believes in Allah and the Last Day should speak well or be silent."
[ The whole hadith is: "Anyone who believes in Allah and the Last Day should not harm his neighbour. Anyone who believes in Allah and the Last Day should honour his guest. Anyone who believes in Allah and the Last Day should speak well or be silent." He should speak good and be rewarded for it or be silent from an evil for which he will he punished.]
2. He said, "Part of the excellence of a person's Islam is his leaving alone what does not concern him."
[ It is that in which there is no benefit for him either in this world or the Next.]
3. He told the one who asked him for succinct advice, "Do not get angry."
[ He repeated it several times. The Prophet meant that not keeping angry is an immense matter because anger has ruinous consequences in this world and the next and not getting angry has benefits and fruits in the Next World which are beyond number because Allah Almighty created anger from the Fire and kneaded it in the clay of ma. When one of his desires is opposed, the fire of anger is kindled in him and it bubbles up and the blood of his heart boils and spreads in the veins and rises to the top of his body like water in a pot and then it diffuses his face and eyes so that they become red since the skin is like glass, conveying what is behind it. The aim of the Lawgiver, may Allah bless him, was that he should not do that which will provoke anger, not to stop something on which he is formed and which cannot be removed from him.]
4. He said, "A believer wants for his brother believer what he wants for himself."
[It is in al-Bukhari as, "None of you will believe until he wants for his brother what he wants for himself," i.e. of obedience and permitted things.]
40.27. Things one should not listen to
It is not lawful for you to deliberately listen to all of a falsehood nor to take pleasure in listening to the words of a woman who is not lawful for you nor to listen to musicians and singers.
[ Falsehood is like backbiting or action like listening to musical instruments and their sound.
[Hash: According to Ibn 'Umar, listening to it is not haram.]
It is not lawful for you enjoy the speech of a woman with whom you cannot have intercourse, and so it would be permitted to enjoy the words of a wife or slavegirl. It is not permitted to enjoy the voice of a beardless youth. It is not lawful to listen to things like lutes and singing.]
40.28. Qur'an recitation
It is not permitted to recite the Qur'an with quavering melodies as in the quavering used in singing. The Mighty Book of Allah must be respected and recited with calm and gravity in a way which is certain to please Allah and bring one near to Him with attention and understanding of that.
[ Nor should one listen to it with musical tunes. It must be respected and recited with stillness. One should not fiddle with his hand not look at what amuses him. A result of respect is that when he is about to break wind or yawns, he refrains from reciting until it is finished and the like. He must seek to please Allah by being in purity and facing qibla and sitting as a student before a master or standing in prayer. "Bringing one near to Him" is that one is certain that Allah is near to the reciter and the reciter draws near the Master means that he is accepted. He should pay attention to what he recites. When he recites an ayat of prohibition, he is certain of the prohibition, or one of command, he is certain of what is commanded. This is one of the fruits of understanding.]
40.29. Commanding the correct
It is an obligation to command the correct and forbid the bad for everyone who has authority in the land and whoever can achieve that. If he cannot do that, then it is with his tongue. If he cannot do that, then it was with his heart.
[ The correct is what Allah and His Messenger have commanded and the bad is what Allah and His Messenger have forbidden. If someone has authority, like a ruler, he should put it right. If he cannot change it with his hand, then with his tongue. Changing it with the heart is that when he sees something bad he says to himself. "If I had the power to change it, I would do so." When he sees something correct being abandoned, he says in himself, "If I had the power to command it, I would do do so." He likes someone who does what is correct and dislikes someone who does what is objectionable.]
40.30. Right Intention
It is an obligation for every believer to desire the Noble Face of Allah by every word and deed. If someone desires other than Allah in that, his action is not accepted. Showing off is lesser shirk.
{The action must be meant for the sake of Allah, not for reputation or showing off. There are two levels in the intention: the perfect is not to intend the Garden or the Fire. The imperfect is to intend to enter the Garden and be far from the Fire. If the word or action is mean for other than Allah, it is not accepted. Showing off, which is to do an action which may be an act of devotion, wanting people to see it, although that can be in other things which are not acts of devotion, like dressing, that is lesser shirk since Ahmad related that Prophet, peace be upon him, said, "The greatest thing I fear for you is lesser shirk." They asked, "Messenger of Allah, what is lesser shirk?" "Showing off," he replied.
40.31. Repentance (Tawba)
40.31a. Its obligatory nature
Repentance from every wrong action and not persisting in it is an obligation. Persisting in it is to continue in the wrong action and intend to return to it.
[ It is regret for what he misses and leaving the wrong action immediately with the intention not to return to it. "Not persisting" is repetition because repentance is not valid when one persists in the wrong action.]
40.31b. Part of what repentance requires
Part of repentance is to restore wrongs and avoid forbidden things and to intend to not revert to the wrong action.
[ Restoring wrongs to their people is by giving them to them, if that consists of property, or returning them to the person's heir if the wronged person is no longer alive. If there are no heirs, then he gives it as sadaqa to someone wronged. If it is honour, like slander, rectifies that about the slandered. It is also a precondition to avoid forbidden things and not to return to them.]
40.31c. Asking forgiveness
The one who repents should ask forgiveness of his Lord and hope for His mercy and fear His punishment while remembering His blessings to him. He should thank Him for His favour to him by actions, meaning by obligations, and by not doing what is disliked to do, He should draw near to Allah by doing voluntary acts of good which are feasible for him.
[ Asking forgiveness is one of the pillars of repentance. He should act, even if it is a little. This is like the prayer since it is confirmed that the Prophet, may Allah bless him and grant him peace, reported that Allah says, "My slave continues to draw near to Me with supererogatory actions until I love him. When I love him, I become his hearing with which he hears, his sight by which he sees, his hand with which he strikes and his foot with which he walks. If he asks of Me, I give to him. If he seeks refuge with Me, I give him refuge."]
40.312d. Missed obligations
He should make up any obligations which he missed immediately, asking Allah to accept them and turning to Him in repentance for missing them.
[ This is like the prayer. They are immediately obligatory. He should hope that Allah will accept them and pardon him.
[Hash: This is if it is not too difficult for him and then he makes them up as best he can. He cannot do any supererogatory actions until he has made up the obligatory, with the exception of stressed sunna like the witr, Ôids and Fajr.]
40.31e. Seeking Allah's help
He should seek refuge in Allah when he finds it difficult to direct himself or is confused about what to do. He should be certain that Allah can reform his state, grant him success, and direct him. He should not abandon that because of any good or ugliness in him and he must never despair of the mercy of Allah.
[ What he seeks is success in going straight in obedience to Allah. He should not cease seeking refuge and certainty according to his state. The good is obedience and the ugliness is disobedience. Wrong action should not prevent him from that because Allah says, "Allah loves those who repent." Tawwab means the one who, whenever he commits a wrong action, repents.]
40.32. Reflection
Reflection on the command of Allah is the key of worship. So seek help by remembering death and reflecting on what comes after it, the blessings of your Lord to You, and his deferring you while punishing others for their wrong actions. Reflect on your past wrong actions and the outcome of your affair and how suddenly and soon your death will come.
[ The command of Allah means His creation because when you reflect on the products of the Creator, you know the necessity of His existence, the perfection of His power and the reality of his Lordship, and so must worship Him. Looking at the creation of Allah is, as the Shaykh said, the key to worship.
Seek help against yourself is also in reflecting on death because death is harder than what went before and what comes after it is worse than that. Also seek help against it by reflecting on the blessing of your Lord since when you reflect on His blessings to you, you are too shy to commit wrong actions. Also seek help in reflecting on the end of your business since you do not know what the seal will be. Your term will come soon, i.e. the end may be at the end of the day or sooner because that makes obedience is easy and lessens hopes and desire. When you reflect on death, that is preparation for it, for when comes suddenly regret will be of no use, O Ever-Kind, be kind to us! There is no strength and no power except by You! May Allah bless our master Muhammad and his family and Companions and grant them peace.]