Nasīhatu Ahli Az-Zamān authored by Shaykh Mujaddid `Uthmān Dan Fodio rahimahullāh 26

🕌 HALQAH SESSION

SHARH
“Nasīhatu Ahli Az-Zamān” (026)

بسم الله الرحمن الرحيم
الحمد لله رب العالمين
والعقبة للمتقين ولا عدوان إلا على الظالمين

Assalāmu Alaykum Warahmatullāh Wabarakātuh

Beloved brothers and sisters,
You are welcome to this morning’s session of the Halqah.

We ask Allāh to make it beneficial to us all.
And to make it of those deeds that will weigh heavy and positively upon our Scales of Good on the Day of Qiyāmah, āmīn

Before we proceed to what we have today,

We want to spend a minute to remind ourselves of the responsibilities we owe to our Muslim brothers, sisters, parents and uncles in the land of Shām.

O Muslim Ummah!

O Youths of Islām!

Was this the attitude of the earliest generation of Islām toward their Muslim brothers and sisters?

To sit and watch, hands akimbo, as their brothers and sisters are butchered by the enemies of the Dīn?

Without a word in support?

Without aids to them?

Without the Masājid flooding with Qunūt?

Lā Wallāhi!

O brothers and sisters!

If the only thing you can do is to disseminate information to the Muslim Ummah concerning their plight, on social media, text messaging, and other forms of communications, then that is excellent.

If what you can do, as the Imām of a Masjid, anywhere your Masjid lies, is to include them in your Qunūt, then that is equally good and excellent.

But that we remain silent and cold of heart, this is not of the attributes of the People of understanding and Īmān.

We ask Allāh to be merciful to us and to make us of His beloved Servants, āmīn
We shall continue from where we stopped in our Sharh on the book ‘Nasīhatu Ahli Az-Zamān

And we explained.

وقال ابن عرقة قال ابن حزم أجمعوا أن متبع الرخص فاسق مردود بما أفتى به الشيخ المتفق على عمله وصلاحه عز الدين بن عبد السلام، إنه قال لا يتعين على العاصي إذا قلد إماما في مسألة أن يقلده في سائر مسائل الخلاف. لأن الناس من لدن الصحابة إلى أن ظهرت المذاهب يسألون فيما يسنح لهم العلماء المختلفين من غير نكير من أحذ، وسواء اتبع الرخص في ذلك أو العزائم لأن من جعل المصيب واحدا لم يعينه، ومن قال كل مجتهد مصيب، فلا إنكار على من قلد في الصواب

“And Ibn ‘Arafah said Ibn Hazm said They formed an agreement that the one who always seeks to follow dispensations (Rukhsah) on every matter is a Fāsiq whose testimony is rejected, based on the Fatwa made by the Shaykh upon whose good deeds and piety people have agreed, Izzuddīn Ibn ‘Abdissalām, for he said ..”

“It is not binding upon the sinner, if he emulates one Imām to stick to emulating him in all other matters upon which there is difference of opinion, this is because, people right from the time of the Sahābah, up until the coming of the Madh’habs, used to ask whatever the wish from different Ulamā without been rebuked by anyone for this. This is without regard to whether he took to dispensation (Rukhsah) or to resolve (Azīmah). This is because whosoever says that only one person can be right, then he wouldn’t be able to name that person. and whosoever says that every Mujtahid is right, would not rebuke anyone who is known to be emulating that which is right.”

As for Ibn ‘Arafah, he is the Mālikī Jurist and Spiritual Icon, Muhammad Ibn Muhammad Ibn ‘Arafah Al-Warghamī – rahimahullāh

He was a Tunisian born 803 years after the Hijrah.

He was born in Tunis and lived his life there.

He excelled in the sciences of Islam most prominently the Mālikī Fiqh and was known for his penetrating insight and depth of thought.

Ibn ‘Arafah was a contemporary of Ibn Khaldun with whom they had conflicts based on Dīn matters and differences on matters of criticism.

Ibn ‘Arafah had numerous students and authored numerous books of his time
And was known as one of the foremost Professors of the Zaytūnah Jāmi’ah of Tunis in his time. Rahimahullāh.

In this quotation, Ibn ‘Arafah quoted the Andalusian Imām and proponent of the Dhāhirī School in the later years, Abu Muhammad Ibn Hazm Al-Andalusī rahimahullāh.

In this passage, three things were referred to

First, that it is wrong to follow the dispensations ( Rukhas )
….by way of seeking.

What is meant by Rukhsah is ‘Dispensation’ or Facilitation…
This is when the Hukm (Ruling) of the Sharī’ah on a particular matter is alleviated or made lighter for a person based on his situation.

It can be a dispensation or facilitation if the obligation of the deed is lightened for the person in question.

And it can be an alleviation if the obligation is lifted in its entirety from the person in question.

For instance, the Obligation (Ruling) of the Fast is lifted from the Sick due to his illness. This is a Rukhsah.
Likewise, the Obligation (Ruling) of observing Four Raka’āt is dispensed for the traveler and he is given a Facilitation to observe Two Raka’āt due to his Journey
Ibn Al-Ahdal – rahimahullāh – particularly mentioned six categories of these dispensations that are given in the Sharī’ah

He said;

والشرع تخفيفاته تنقسم؛
ستة أنواع كما قد رسموا
تخفيف إسقاط وتنقيص يلي؛
تخفيف إبدال وتقديم جلي
تخفيف تأخير وترخيص وقد؛
تخفيف تغيير يزاد فاليعد

And the Dispensations of the Sharia’ are divided;

Into six like they have outlined
A dispensation that takes away (The Ruling), followed by Reduction
A dispensation that changes (the Ruling) and Brings it earlier in time
A dispensation that delays the time, And that that Softens (the Ruling), and sometimes

A dispensation that changes, so count

Thus, Ibn Hazm mentioned here that the Ulamā are at an agreement that it is Harām for a person to be purposely seeking for Rukhsah.

In other words, if he goes to meet this Scholar for Fatwah and the Scholar did not see his condition to warrant a dispensation,
he then goes to another Scholar to seek for another Fatwa that perhaps this second Scholar may grant him the dispensation he soughts
This is Harām

It also applies to a Student of Knowledge who would seek for the weak positions and Dispensations found in the various Madhāhib and then make those positions his own positions on those matters
About this Ibn Hazm said in the Ihkām
Quoting from Sulayman At-Taymī
“If you were one that follows the Rukhsah of every Ālim, then all of the evils will be complete in you”
Imām Al-Awzā’ī said;

“Whomsoever takes the rare and solitary positions of the Ulamā will soon go out of Islām”

So we be careful with that, may Allāh be merciful to us.

Second thing mentioned by Ibn Hazm in the quotation of Ibn ‘Arafah mentioned by Ibn Fodio – Rahimahumullāh – here is that the Commoner, who is not of the People of Knowledge, may follow the Fatwah of an Ālim on one matter and not follow him on another.

This is because it is not obligatory upon anyone to follow anybody without restrictions.

This serves as a balance to what we have said in the first matter
Thus, the Student of Knowledge, or the Commoner who only asks may ask this Imām today, and that Imām tomorrow
And does not have to pick only from one Imām.

Rather, the ‘Ulamā used to encourage the following of a Madh’hab as a way of canonizing the differences in the various Madhāhib

This said, while it is not allowed to rebuke the Commoner that follows the Madh’hab of any of the Imams of Fiqh in matters in which there is difference, it is also permissible that a person asks people from different t Madhāhib on various matters
The third that in matters of Ijtihād, differences are acommodated in the Sharī’ah.

And Allāh knows best
Then Shaykh Uthmān Dan Fodio – rahimahullāh – said

وقال القرافي
انعقد الإجماع على أن من أسلم فله أن يقلد من شاء من العلماء بغير حجر

“And Al-Qarāfī said a General Consensus has been reached that whosoever becomes Muslim may follow any of the ‘Ulamā he so desires without restriction”

Please note, Ulamā referred to here are Ulamā within the fold of Sunnah and in matters of Ijtihād, not matters that are agreed upon and known by necessity in the Dīn.

He said;

وأجمع الصحابة أن من استفتى أبا بكر وعمر وقلدهما فله أن يستفتى أبا هريرة ومعاذ بن جبل وغيرهما من غير نكير، فمن ادعى رفع هذين الإجماعين فعليه الدليل
“And the Sahābah agreed that whosoever seeks Fatwah from Abū Bakr and Umar and followed them may also seek Fatwah from Abū Hurayrah and Mu’ādh Ibn Jabal and other than them both, without blame giving. Whosoever claims that these two Ijmā have been lifted must present his proof”
I say, The two Ijmā he means are the Ijmā of the Sahābah and the Ijmā of the Ulamā
Then he said;

وقال القرافي أيضا
من أتى شيئا مختلفا فيه يعتقد تحريمه أنكر عليه لانتهاكه الحرمة. وإن اعتقد تحليله لن ينكر عليه. انتهى
“And Al-Qarāfī said also Whosoever commits an act, about which there is difference on its ruling, whether it is Harām or not, but about which he believes it is Harām, must be rebuked for his act, that he has done a Harām deed. But if he believes the view that it was Halāl, he is not to be rebuked.”_ _end quote

Shaykh Uthmān Dan Fodio then said;

قلت ولأجل أن إنكار الحرام لا يكون إلا على من خالف صريح القرآن أو صريح السنة أو الإجماع

I say: and that is because rebuking a Harām deed is not done but on the one that clearly goes against the Qur’ān, the Sunnah or the Ijmā’__

قال عبد الوهاب الشعراني في مقدمة كتابه لواقح الأنوار في طبقات الأخيار إن طريق القوم مشيدة بالكتاب والسنة وإنها مبنية على سلوك أخلاق الأنبياء والأصفياء، وإنها لا تكون مذمومة إلا إن خالفت صريح القرآن والسنة والإجماع. وأما إذا لم تخالف، فغاية الكلام أنه فهم أوتيه رجل مسلم فمن شاء تركه. ونظير الفهم في ذلك الأفعال وما بقي باب للإنكار إلا سوء الظن بهم وحملهم على الرياء، وذلك لا يجوز شرعا. انتهى

“Abdul Wahhāb Ash-Sha’arānī said in the Introduction to his book Lawāqihu Al-Anwār Fī Tabaqāti Al-Akhyār the following: Indeed the Path of the People is built in the Book and the Sunnah, and it is reinforced in threading the Path of the Character of the Prophets and the Pure Ones. And it is not repugnant unless where it goes clearly against the Qur’ān, the Sunnah and Ijmā’. But if it does bit go against them, then the most that can be said is that it is an understanding that has been given to a Muslim Man and whosoever likes may leave it. And those deeds are the results of certain understandings. And there is no more room for rebuking such except for having bad thoughts about them and interpreting their actions as Ostentatious Display (Ar-Riyā), and these are not permissible by the Shar'”

As for Imām Al-Qarāfī – rahimahullāh – then he is Abū Al-‘Abbās, Shihābuddīn, Ahmad Ibn Abū Al-Alā’ Idris Ibn ‘Abdurrahmān Ibn Abdullah As-Sanhājī Al-Misrī.
He was born 626 after the Hijrah and passed away 684 years after the Hijrah

As for Imām Al-Qarāfī – rahimahullāh – then he is Abū Al-‘Abbās, Shihābuddīn, Ahmad Ibn Abū Al-Alā’ Idris Ibn ‘Abdurrahmān Ibn Abdullah As-Sanhājī Al-Misrī.

He was born 626 after the Hijrah and passed away 684 years after the Hijrah at the age of 58.

He excelled his contemporaries in the field of Fiqh, Usūl, Qawā’id and Luggah and to him travelled many of the Students of Knowledge in the Muslim world at that time.

Among his teachers who had immense impact on him were the Mālikī jurist and Master of Usūl Ibn Al-Hājib and the Shāfi’ī Polymath Izzuddīn Ibn ‘Abdissalām – Rahimahumullāh.

Of his students are Al-Lakhmī and Al-Qafsī – Rahimahumullāh – two great Mālikī Stallions.

About him, Adh-Dhahabī – rahimahullāh – said;

“He was an Imām in Usūl Al-Fiqh and Usūl Ad-Dīn, an Ālim in the Mālikī Madh’hab, and an Ālim of Tafsīr, a Partaker in discussions in other Sciences. And he has many benefitting authorships.”

What is meant here is that people are going to be related to with respect to their opinions about matters about which there is difference.

For instance, if a Sister hold Niqāb to be Wājib and then refuses to wear it, we will rebuke her for her refusal to uphold a deed that is Wājib
Thus is because in the Obligation of the Niqāb is difference among the ‘Ulamā
…based on Ijtihād

However, if she does not so hold, we won’t rebuke her for not putting it on.

This is because, contrary to what Shaykh Uthmān Dan Fodio referred, we hold her accountable for transgressing the limits of Allāh by refusing to implement a Wājib act.

And in so doing is a transgressing of the Shyness every Servant should have of transgressing the limits of Allāh and disobeying His Commandments
And Allāh knows best.

With this Shaykh Uthmān Dan Fodio came to the end of his Second Chapter
And with it we come to the end of our Session this week.

We ask Allāh to accept from us as an ‘Ibādah.

And make it weigh heavily on our scales on the Day of Qiyāmah
Āmīn.

Bārakallāhu Fīkum
Jazākumullāhu Khayran

سبحانك اللهم وبحمدك أشهد ان لا إله إلا الله أستغفرك وأتوب إليك

Assalāmu Alaykum Warahmatullah Wabarakātuh

9th Jumadal Âkhir 1439H
(25/02/2018)

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