Tawq’l-Lam`a wa Itmaam’n-Ni`ama a commentary upon the Sawq’l-Umma Ila Ittiba` as-Sunna by...

SANKORE'

Institute of Islamic - African Studies International

Sawq’l-Umma Ila Ittiba`‘s-Sunna

Mobilization of the Umma Towards Following the Sunna By

The Right-Acting Scholar-Warrior the Sword of Truth the Pious Inviter to the Way of his Lord

The Light of the Age the Renewer of the Religion the Amir’l-Mu’mineen

Shehu Uthman Dan Fuduye’ May Allah engulf him in His mercy Amen

Introduction Translation, Annotation & Commentary by

Shaykh Muhammad Shareef bin Farid Named The Desire for Illumination and Completion of Blessings Through A Commentary Upon the Mobilization of

the Umma Towards Following the Sunna May Allah pardon him and forgive his teachers, parents, family, and children - Amen

Copyright © 1431/2010 Muhammad Shareef

Published by

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The Palace of the Sultan of Maiurno

Maiurno, Sennar, Sudan

Reedited 2010

All rights reserved. No part of this publication may be reproduced, stored

in any retrieval system, or transmitted in any form or by any means,

electronic or otherwise, without written permission of the publishers

I dedicate this book to my children Alfa Umar, Modibo Muhammad, Ahmad Mazin, Shehu Uthman, Nana Tasneem, Abd’r-

Rahman, Fatuuma Mo’ina and Musa Jokolli

SANKORE’


Raising the Lamp of Truth by Mentioning the Harmonious Biography of the Sword of Truth In the name of Allah, the Beneficent, the Merciful, may Allah send blessings upon our master Muhammad his family

and Companions and give them much peace.

This is a small fragment on the biography of the author, Shehu Uthman ibn Fuduye`, may the mercy of Allah

be upon him. I arranged it based upon the pattern established in the famous Fulfulde` poem of the Shehu called Yimre`

Tanaasabuje` (the Song of Comparison), in order to take baraka with his poem and with him, may Allah be merciful to

him. He was Shaykh al-Islam, the symbol of erudition, the spiritual scholar, the spiritual savior, the discloser of the

highest spiritual ranks, Abu Muhammad Sa`d, Uthman ibn Muhammad ibn Uthman ibn Saalih ibn Haarun ibn

Muhammad Ghurdu ibn Muhammad Jubba ibn Muhammad Sanbu ibn Maysiran ibn Ayyub ibn Buba Baba ibn Abu

Bakr ibn Musa Jokolli ibn Imam Dambube` at-Turuude'. Shehu Uthman ibn Fuduye` was born on Sunday, the 3rd

of

Safar in the year 1168 A.H. (circa December 15th

, 1754 C.E.) in a land called Maratta in present day southern Niger.

Shehu Uthman was well known in the language of Hausa as Dan Fodio meaning the ‘son of Fuduye`’. The

meaning of fuduye’ or fodio in the language of Fulfulde’ means ‘the jurist’, this denotes that his father Muhammad was

a majestic scholar renowned for his piety and erudition. As for the mother of the Shehu, she was Hawwa bint Sayyidat

Fatima bint Muhammad as-Shareef ibn Abd’s-Samad ibn Ahmad as-Shareef ibn Ali al-Yanbui` ibn Abd’’r-Razaaq ibn

as-Saalih ibn al-Mubaarik ibn Ahmad ibn Abu’l-Hassan Ali as-Shadhili ibn Abdallah ibn Abd’l-Baar ibn Tamim ibn

Hurmaz ibn Hatim ibn Qusay ibn Yusef ibn Yusha` ibn Wardi ibn Ahmad ibn Muhammad ibn Isa ibn Muhammad ibn

al-Hassan as-Sabt ibn Ali ibn Abi Talib and Fatima az-Zahra the daughter of the Messenger of Allah, may Allah bless

him and grant him peace and upon his pure family and pleasing Companions. Wherever I have mentioned the ‘Shehu’ in

this commentary, it is meant by that Shehu Uthman ibn Fuduye`, may Allah be merciful to him.

The above mentioned ancestor of the Shehu, Musa Jokolli was the one who emigrated with his ethnicity, the

people of Turuude fleeing with their religion from the tribulations of their people in the lands of Futa Toro. He with his

ethnicity subsequently reached the lands of Konni in Hausa land. The origins of the Turuude are from the Christians of

Ruum and before that from the Banu Isra’il. The armies of the Companions reached them and their king accepted Islam

and married his daughter to Uqba ibn Nafi`, the Companion, military commander and Amir of the west. It was from this

marriage that the famous Fulbe` ethnicity called Turuude were born. They are the most important ethnicity regarding

the dissemination of the religion of Islam, its sciences and its civilization in the whole of the Bilad as-Sudan. More than

a third of the captured and kidnapped Blacks imported from West Africa into the Islands of the Caribbean, Central and

South America and especially the southeastern states of the United States of America from North Carolina to east Texas

were from this ethnicity, and are known today as the Gullah and Geeche Nations.

Realize that the Shehu was reared from a young age to invite people to Allah. He dove deeply into the sciences;

from studying with his mother and father; then with the many teachers of his father and mother’s family. From there he

studied from the many teachers from his ethnicity, the Turuuudiya after which he journeyed throughout the regions of

the western and central bilad’s-Sudan seeking extensive knowledge from the teachers and scholars from among the

Tuareg, Hausa, Arab, Zaberma, Songhay, Kanuri and other ethnicities until he became the pivot of knowledge in his

time. It is said that the number of his teachers were no less than 300 scholars. As a result Allah ta`ala favored him with

baraka that He has given to only a few from among His protected friends.

Among the most prominent scholars who had major impact upon the spiritual training of the Shehu, were his

father, Shaykh Fuduye` Muhammad ibn Uthman from whom he took the recitation of the Qur’an, its exegesis and its

fundamental sciences. Among them was his maternal and paternal uncle, Shaykh Uthman Bindhuri ibn al-Amin ibn

Hamm ibn `Aal from whom he took the science of jurisprudence and with whom he studied the al-Mukhtasar. This

shaykh was famous for righteousness, commanding the good and forbidding evil. Among them was his maternal uncle

Shaykh Muhammad Sanbu ibn Shaykh Abdullahi, the grandson of the erudite Shaykh Muhammad ibn Sa`d, from whom

he took the science of jurisprudence having studied with him al-Kharashi’s renowned commentary upon the al-

Mukhtasar. Among them was Shaykh Abu Umar Jibril ibn Umar, from whom he took many licenses in the books of

prophetic traditions, jurisprudence, and some spiritual chains in various Paths of tasawwuf. Among them was his

maternal and paternal uncle, Shaykh al-Hajj Muhammad ibn Raj ibn Modibo Dittu ibn Hamm ibn Àal, from whom he

took the science of prophetic traditions, and listened to his reading of the entire al-Jaami` as-Saheeh of al-Bukhari. He

also took from him license in it and in the remainder of the books of prophetic traditions. And there were many others

from his teachers and scholars.

As for the scholars of the past who had the greatest influence upon the development of the Shehu, they were:

Shaykh Muhy’d-Deen Abd’l-Qaadir al-Jaylani, Shaykh Ahmad al-Baydawi, Shaykh Ahmad ar-Rufai`, Shaykh Ibrahim

ad-Dusuqi, Shaykh Abu Hamid al-Ghazali, Shaykh Abd’r-Rahman as-Suyuti, Shaykh Abd’l-Kareem al-Maghili, Shaykh

Abu’l-Hassan as-Shadhili, Shaykh Ahmadu Baba at-Tinbuktu, Shaykh al-Muhaasibi, Shaykh Abd’l-Wahaab as-Sha`rani,

Shaykh Ibn’l-Hajj, Shaykh Mukhtar al-Kunti al-Kabeer, Shaykh Ìzz’d-Deen ibn Abd’s-Salaam, Shaykh Muhy’d-Deen

Ibn Àrabi al-Hatimi, Shaykh Abd’l-Kareem al-Jili, Shaykh Abu’l-Abass Ahmad Zarruq al-Barnusi, Shaykh al-Ujhuri,

and others. It was from these right acting scholars, Knowers of Allah and awliyya that the Shehu, took the overflowing

of sciences and gnosis, directly or indirectly, and he pursued their spiritual methodologies until Allah made him attain

what they had attained which is the spring of the Muhammadan illumination. Thus, by means of the baraka of these

excellent individuals, may Allah be pleased with them, there dawned in the heart of the Shehu deep love and yearning

for our master Muhammad, may Allah bless him and grant him peace which had no ending, termination and limit. He

said himself in his famous poem ending in the letter daal.

I swear by the Rahman, I possess not a single excellent trait,

I am only totally encompassed in the love of Prophet Muhammad

I give a description of the affliction of my longing for him, which is plain to see

For me there are no enjoyments without visiting that Master

I have become exhausted yearning to hasten to his grave

Truly for me, there are no pleasures and joys in life without Muhammad.

He is the sun of illumination, the crown of guidance, the sea of generosity

Indeed there is no good except in following Muhammad.

He is the downpour whose blessings encompass all creatures

Rather, the entire creation of Allah is less than Muhammad.

If I had traveled to Tayba, I would have obtained the object of my desires,

Being completely covered in the dust of the sandals of Muhammad.

It goes without saying that visiting the grave of the Prophet, may Allah bless him and grant him peace is

among the highly commendable actions, as Shaykh Abdullahi ibn Fuduye` said in his Diya’l-Hukaam: “It is obligatory

upon every Muslim not to let his years pass without making the pilgrimage to the House of Allah or without visiting the

Messenger of Allah, may Allah bless him and grant him peace. Al-Fazaazi said: "For when the religion is incomplete,

then there is no dunya." That is to say, it is not complete without the pilgrimage and visiting the Prophet, may Allah

bless him and grant him peace.” This is an issue which is well known with the common and the elite. However, the

phrase ‘visiting the grave of the Prophet, may Allah bless him and grant him peace’ has a specific meaning with the

Realized ones because his grave, upon him be blessings and peace with them are the defunct sunnan practices which are

necessary to be revived. The meaning of ‘visiting’ with them is ‘resuscitation’ and ‘renewal’ of his Sunna which has

died, by him choosing the Sunna and giving preference to it over his own desires and passions until his desires and

whims die and there only remains in him the Sunna of the Prophet, may Allah bless him and grant him peace. This is

indicated by the prophetic tradition: “Whoever revives my Sunna has given life to me. Whoever gives life to me will be

with me in Paradise.” Thus, the meaning of his words: ‘For me there are no enjoyments without visiting that Master; I

have become exhausted yearning to hasten to his grave’ is that he found no enjoyment in any path short of giving life to

the Sunna of Muhammad, may Allah bless him and grant him peace. For the Muhammadan sun had arisen in the heart

of the Shehu until he did not see the shadow of his soul, nor the stars of anyone besides him upon him be peace. This is

the foundation of the roots of the spiritual Path to Allah taàla. About this Shaykh Abd ‘l-Qaadir al-Jaylani, may Allah

be merciful to him said in his Fat’hu ‘r-Rabbaani, “The true sufi is one whose inner and outer have been purified by

following the Book of Allah and the Sunna of His Messenger. The more his purity increases, the more he emerges from

the ocean of his own existence. He comes to abandon his own will, choice and volition - all because of the purity of his

heart. The foundation of uprightness is following the Prophet, may Allah bless him and grant him peace, in his words

and deeds. The more the servant’s heart is purified, the more he will see the Prophet, may Allah bless him and grant him

peace, in his sleep, commanding him to do something and forbidding him to do something else…He comes to be with

the Prophet, may Allah bless him and grant him peace, as far as his inner content is concerned. His heart then becomes

trained and disciplined with the Prophet and in is presence, upon him be blessings and peace. His hand comes to be in

his hands. The Prophet, may Allah bless him and grant him peace, then becomes the one to be consulted concerning

Allah, as the doorkeeper before Allah’s presence.” It was with this objective that the Shehu, may the mercy of Allah be

upon him annihilated himself into the character traits of the Prophet, may Allah bless him and grant him peace, and his

Sunna in words, deeds and courtesies until the Messenger of Allah, may Allah bless him and grant him peace became

the doctrine of belief (àqeeda) of the Shehu, his madh’hab and his spiritual path to his Lord; and no other. It is about

this that he said in his poem:

“The heights of the stars have set by means of his elevation,

Who can reach the exalted ranks of Muhammad?

There is no intimacy except in visiting his grave,

There is no abundance except in proximity to Muhammad.

We tower above all creatures by means of his eminence,

We have become chieftains among them by the power of Ahmad.

The withdrawing of our tears have overflowed by his love,

The sins of our disobedience are wiped out by Muhammad.

How many straying in darkness have been guided by him?

For his illuminations, reside in the heart of every unifier.”

It is the unanimous agreement of the scholars that this poem marked the beginning of the affair of the spiritual

and social reformation of the Shehu, may the mercy of Allah be upon him. For in the beginning of his affair until its end

he followed upon the modus operandi of our master Muhammad, may Allah bless him and grant him peace, in his

character, Sunna, and love for him. Thus, the life of Shehu Uthman ibn Fuduye` became like the life of the Messenger

of Allah, may Allah bless him and grant him peace. Allah taàla made resemblance between the Shehu and the

Messenger of Allah, may Allah bless him and grant him peace, as evidence of His favor and bounty towards him. This

is in accordance with what the Shehu, may the mercy of Allah be upon him said himself in his Fulfulde` poem called:

“The Song of Comparison”:

Mee`tuu dum Ghanam yattuayghu Allah

Ghanam ya`taaghu yimbi kuni`minaami

Muhammadu sayniraami hiduu waraayi

Meettee Allah nuuni’ri sayniraami

It means: “I say in gratitude to Allah in mentioning the favors which He has granted me. For Muhammad’s

coming was foretold before his appearance. All praises are due to Allah likewise was I foretold before my appearance.”

Proof of this is what was narrated on the authority of reliable sources from the righteous and saintly woman Umma Hani

al-Fulaatiya as it was cited in the Infaq’l-Maysuur of Sultan Muhammad Bello ibn Shehu Uthman ibn Fuduye`: “There

will appear in this region of the Sudan, a waliy from among the protected friends of Allah. He will renew the deen,

revive the Sunna and establish the religion. The fortunate people will follow him and his remembrance will be spread

throughout the horizons. The common people and the elite will obey his commands. Those connected to him will be

known as the al-Jamaàt. Among their signs is that they will not heard cattle, as is the custom of the Fulani. Whoever

encounters that time should follow him.” From this as well is what the erudite scholar of the lands of Birghima, Shaykh

Waldeedi al-Fulaati said: “I announce to you the coming of a time of a wali from among the awliyya of Allah who will

appear in these lands. He will renew the deen, revive the Sunna and establish the religion. Whoever encounters him

should follow him. His sign is that he will first make the jihad with his tongue until the fortunate people follow him.

Then he will make the jihad with the spearhead. He will have dominion over these lands and drive out the ruler of

Bornu from his land in the same way he drove us from our lands, and he will control them.”

For Allah favored Shehu when he was young with spiritual unfolding and sublime miracles due to his

passionate love for the Prophet of mercy, may Allah bless him and grant him peace and his intense desire to follow him

in all of his movements and stillness, until the Messenger of Allah, may Allah bless him and grant him peace became

his actual teacher and spiritual guide on his spiritual journey. Thus, Allah opened to him the secret of secrets in the

meaning of his words, upon him be blessings and peace: “Whoever gives life to my Sunna has given life to me.

Whoever gives life to me will be with me in Paradise.” As a result there dawned upon him the illuminations of

Muhammad from all existing things until he actually sat in his presence upon him be blessings and peace during his

sitting in every assembly of knowledge and the radiance of the Prophet, upon him be blessings and peace emanated

upon him from every, scholar, teacher and spiritual guide. The Shehu, may the mercy of Allah be upon him said in this

regard in his famous Takhmees:

O he for whom the heavenly assemblies have been invested

O he for whom the veils of Divine majesty part.

O he whose face is as luminous as the sun

I have come to you with errors, indeed you are my recourse

Redeem me, save me; it was for this reason that you were originated.

********

I swear by your high standing, your name has been transcribed in the Torah

By your generosity everything into richness is transformed

By your light everything under your illumination moves

By your love the nujaba towards you are spiritually gravitated.

I swear by my sins that I have begun to flee towards you.

This was his spiritual state from the time of his youth until he attained the age of manhood. He, himself, said in

his Tahdheer’l-Ikhwaan Min Adàai’’l-Mahdiyya: “The most that I know about myself is that Allah taàla established

me in a spiritual presence, where spiritual states emanated upon me from the time I was a young boy until I reached the

age of thirty one. Then I was pulled by a spiritual gravitational state which emanated from the lights of the Messenger

of Allah, may Allah bless him and grant him peace as a result of the baraka of sending blessings upon him, until I was

in his very presence, and which caused me to weep. I then had a strong desire to recite the poem which Abu Sufyan ibn

al-Harith, may Allah be pleased with him eulogized the Messenger of Allah, may Allah bless him and grant him peace

with after his death. Then the Messenger of Allah, may Allah bless him and grant him peace ordered me to recite it in

his presence…When I had recited it and reached in my words the place in the poem which says: ‘And he has guided us,

thus we do not fear error * befalling us since the Messenger is our Guide’; the Messenger of Allah, may Allah bless him

and grant him peace said: ‘Stop here.’ I then stopped and he then gave me the Good News by his words: ‘I am your

Guide upon the Path of the religion, for you will never be in error’. This Good News was more excellent to me than this

world and all that is in it.” Thus, his affair in calling people to the religion began. In the year 1187 A.H. [circa 1772

C.E.]; he journeyed throughout the lands receiving education in the sciences while teaching what he learned to the

people. This was his methodology in education and giving instructions; for when he sat with a scholar and studied with

him an issue from the issues of knowledge, memorized it and understood its content; he would immediately set out to

teach that issue to his wives, children, close companions and friends. As a result there emerged a community (jamaàt)

revolving around him, where his companions increased in knowledge with his increase in knowledge. About this he said

in his Ihya’s-Sunna: “Most of the people are ignorant of the sharià. Thus, it is incumbent that there be in every mosque

and quarter in the town, a faqih teaching the people their deen. Likewise in every village it is incumbent for every faqih

who has completed his individual obligations (fard àyn) and is now devoted to the study of his collective obligations

(fard kifaya) that he go out to the people neighboring on his town in order to teach them their deen and the obligations

of their sharià. He should take along with him provision which he will eat, and should not eat from their food because

most of it is doubtful (shubahat). If one person does this, then the sin falls off the remaining people; otherwise all of

them will carry the burden of the sin. As for the scholar the fault comes from not going out and as for the ignorant their

fault comes from not seeking knowledge. Every common person who knows the conditions (shuruut) of the prayer must

teach it to others. If he does not, then he shares in the sin. It is well known that mankind is not born knowledgeable of

the sharià, therefore the responsibility of propagating it falls upon the scholars. Whoever has studied a single legal

issue is one of the learned ones in it. Thus it is incumbent upon him to teach it to others if it is one of the individually

obligatory duties. Otherwise, he will have a share in the sin.”

With this the Shehu clarified his methodology in learning and teaching. For he began with himself, then he

taught his wives, blood brothers and sisters, his children, his nephews and nieces and the remainder of his near kin. He

then went on to disseminate knowledge and baraka throughout the lands. He also said about this in his Ihya ‘s-Sunna:

“It is therefore the duty of every Muslim to begin with himself and to get used to practicing the obligatory duties and

avoiding forbidden practices. He should then teach that to his wives and relatives. He should then precede to his

neighbors, then to the people of his quarter, the inhabitants of his town, the surrounding suburbs of his city, and so on to

the furthest part of the world. If a near one undertakes this duty, it falls off those who are furthest away. Otherwise

everyone who is able to do so should go out - be he near or far away. This is the foremost concern to he whom the

matter of his deen is important.”

It was with this intention that the Shehu arose and began to give life to the Sunna, destroy heretical innovation,

and motivated the servants towards repentance from disbelief, disobedience and heedlessness. It was this which induced

him at that time to compose the above mentioned famous poem in Arabic which he began with:

Is there for me a way to travel swiftly towards Tayba,

To visit the tomb of the Hashimi Muhammad?

On that occasion he was twenty years old. He explained in this poem of his that his spiritual path was

constructed upon adherence to the Muhammadan Sunna outwardly, behaving in accordance with the Muhammadan

character inwardly, persistence in sending blessings upon the Prophet, may Allah bless him and grant him peace with

the tongue and heart; and yearning and passionate desire to encounter the Prophet, may Allah bless him and grant him

peace in dream visions and the waking state. It is due to this that the Shehu attained a special station in the illuminations

of Muhammad; and thus Allah taàla reinforced him with the sending of blessings upon the Prophet, may Allah bless

him and grant him peace, which he was persistent in doing without boredom, fatigue, and slackening.

Thus, during the period of 1187 to 1204 A.H. [circa 1772 to 1790 C.E.], Shehu Uthman ibn Fuduye` made

strenuous effort in spiritual discipline and struggle by means of his following the Sunna, adherence to the Muhammadan

characteristics, earnest passion for the Prophet, upon him be blessings and peace and continuance sending of blessings

upon him, until he attained the second spiritual station which was the Great Unveiling. As a result, innumerous miracles

unfolded for him to the point where he became well known among the people for direct gnosis of Allah and saintliness.

It was during this period that the Shehu listened to the reading of the entire Saheeh of al-Bukhari and received license in

it and in the rest of the books of prophetic traditions from his maternal and paternal uncle Shaykh al-Hajj Muhammad

ibn Raj, in the year 1200 A.H. [circa 1786]. His age at that time was thirty-three. He said about this in his Fulfulde`

poem:

Miji’adaka ghuddi jirsaba jiddanimma

Meettiya Allah duudum jiddinaama

Wa’ashiy ghuddi maàji dikashfuwadda

Meettiya Allah duudum jiddinaama

It means: I remain silent about mentioning other Divine favors. It is modesty which silences me. All praises are

due to Allah for what I remain silent about. I also remain silent about the Divine favors of miracles. All praises are due

to Allah for what He has given to me of miracles. His son, Sultan Muhammad Bello also said about this in his Infaq’l-

Maysuur: “The Shehu possessed miracles which were innumerable and countless, which can only be enumerated in a

collection devoted purely for that. If the circumstances were not constricted on us, I would have transmitted some of

what I witnessed myself from his miracles. However, if Allah permits me I will one day compose a separate book

dedicated solely to that, and all praises are due to Allah.”

Regarding this also, Shaykh Mua’allahyede ibn Abd’l-Qaadir ibn Mustafa said in his Nabdhat Yaseera: “In the

handwriting of my father it is said that the Shehu reached the rank of independent judgment (ijtihaadiyya). Whoever

peruses his books like the Sawq’l-Umma and the Umdat’l-Ulama will know this. The spiritual functions which the

Shehu were given were seven, for Allah taàla provided advantages with each of these functions increase and miracles

and with the last one the greatest of spiritual ranks. My father, Abd’l-Qaadir, may the mercy of Allah be upon him

enumerated them for us: ‘The first was the rectification of his intention initially and desiring the Continence of Allah

taàla, which resulted in excellent acceptance and the spreading of his renown. Second was a peaceful heart and

showing compassion towards people, which resulted in ardent love from people and excellent praise from them. The

third was teaching the obligations from tawheed, fiqh and tasawwuf which resulted in unveilings of the realities of

tawheed which were not given to anyone. The fourth was the eradication of heretical innovations and the establishment

of the Sunna, which resulted in victory, sufficiency and political sovereignty. The fifth was the resolving of problematic

issues and the removal of illusions which resulted in the perfection of inner vision in the religion and piercing

comprehension. The sixth was ardent love of the Prophet, may Allah bless him and grant him peace, esteeming the

sanctity of prophethood with the highest form of esteem and having passionate love for him with the utmost limit of

adoration, which resulted in radiant spiritual illumination, recurrent baraka, Divine assistance and being triumphant.

The seventh was making intermediacy by means of the awliyya and entrance into their spiritual paths, which resulted in

their support and presence in his affairs, and safety from the destructive traits of the age’.”

The bottom line is that many among the companions of the Shehu, and his children composed many poetic

songs and books in non-Arabic and Arabic regarding the sublime miracles which were openly manifested by him. Thus,

the Shehu, may the mercy of Allah be upon him became a perfected individual and a subjugator of his soul and all those

around him by the permission of his Lord, where there manifested in him, the words of Allah taàla: “Verily Allah has

subjugated to you what is in the heavens and what is in the earth, and He has lavished some of His manifest and hidden

favors upon you.” In this regard he himself, said in his Kitab’l-Wird: “When I attained the age of thirty-six Allah

removed the cloak from my eyes, the burden from my hearing and smell, the dullness from my taste, the thickness from

my hands and the heaviness from my feet. I could see the far like the near and hear the far like the near. I could smell

those who worshipped Allah with the sweetness of their scent and the stench of those disobedient with the foulness of

their odor. I could recognize what was permissible in food by taste before it reached my throat and I could recognize the

prohibited in the same manner. I could then take with my two hands what was far from me while remaining in my place.

I could walk with my two feet the distance which a fleet horse could not travel in years. This was a favor from Allah

which He gives to whom He wills. I was then made familiar with my entire physiognomy; every organ, bone, nerve,

muscle, and hair follicle. I was made to understand each of these from their distinctive grade and function.” The Shehu

became what the Realized ones of China call chih-sheng (‘an utmost sage’), that is to say a perfected friend of Allah,

who is a waliy from the awliyya of Allah to whom Allah subjugates the whole of creation from his own soul, his

physiognomy, and the rest of created existing things.

This authority (taskheer) emanated from the illuminations of Muhammad which are the traits of uprightness.

The Shehu, may the mercy of Allah be upon him cataloged these in his Tareeq’l-Janna where he said their roots were

fifteen: [1] knowledge which comprised those obligations that are incumbent upon every responsible person to know

from the foundation of the religion, jurisprudence and spiritual purification; [2] repentance from all sins between a

person and his Lord and between that person and other creatures of Allah; [3] austerity in worldly matters except out of

necessity; [4] solitude from people except during times of prayer and other religious advantages; [5] making war against

Satan and taking defense against his tricks; [6] struggling against the corrupt soul and bridling it with the bridle of

fearful awareness of Allah; [7] reliance upon Allah in matters of daily provision; [8] leaving matters over to Allah

during times of endangerment; [9] contentment with the decree of Allah; [10] patience during afflictions; [11]

adherence to fear of Allah at all times; [12] adherence to hope in Allah at all times; [13] negating showing-off through

sincerity; [14] negating conceited arrogance by recognition of the favors of Allah taàla; and [15] adherence to praise

and gratitude for the abundant blessings of Allah azza wa jalla. These traits of uprightness emerge from the

illuminations of Muhammad which are in affect the Straight Path when Allah taàla says regarding him, upon him be

blessings and peace: “Indeed you are among the Messengers, upon a Straight Path”; and His words: “Guide us to the

Straight Path”; that is to say guide us to the Light of Muhammad, may Allah bless him and grant him peace, who

encompasses the traits of uprightness.

The Shehu, may the mercy of Allah be upon him said in his Tareeq’l-Janna that whoever conducts himself in

accordance with these traits of uprightness will have subjugated to himself forty favors, twenty in this world and twenty

in the Hereafter. As for those of this world’s life they are: Allah will mention him with adulation; He will show His

gratitude towards him; He will demonstrate His love for him; He will be his Guardian; He will be the Guarantor of his

provision; He will be his Helper; He will be his intimate companion; he will be given honor in his soul and will not

encounter humiliation; he will be granted an elevated spiritual resolution; he will be given an enriched heart; his heart

will be guided by the Light of Allah to sciences and secrets; his breast will be expanded and will not be constricted by

anything from the hardships of this world; he will have respect in the hearts of people; he will be given love in the

hearts of people; he will be given a universal baraka which will emanate into the earth on which he treads and the place

where he resides; the earth from the land and sea will be subjugated to him until if he desires he can fly in the air, walk

upon water, cut across the vast earth in a moment; animals will be subjugated to him; he will not ask Allah for anything

except that He will grant it; he will be given leadership and prestige at the Door of Allah where people will seek him out

as a means to Allah taàla through service to him, his supplications, eminence and baraka; and the answering of his

supplications from Allah taàla until even if a notion crossed his mind he would find it has come into existence by the

permission of Allah. By reason of conducting oneself in accordance with these traits, Allah taàla makes him a

Vicegerent in His creation. For these miracles did not manifest for the Shehu except from the niche of the Light of

Muhammad, may Allah bless him and grant him peace. For by means of adherence to the Sunna outwardly and

inwardly, there were made subservient to the Shehu, the entire creation, even the rulers in the different lands. He as a

result became the center of baraka for the rulers, who continued to take him as a means to Allah taàla, sought their

desires from the miracles of his supplications and taking from his baraka.

In this regard, the teacher Abdullahi ibn Fuduye` mentioned in his Tazyeen’l-Waraqaat as an example of this

subjugation (taskheer) which occurred for the Shehu on Friday, the day of the Eid’l-Adhaa, the 9th of Dhu’l-Hijja in

1204 A.H. [circa August 20th 1790 C.E.] when Bawa sent word to all the scholars of his land that they should meet

together with him on the Èid’l-Adhaa. At that time he was at his place called Maghami, north of Kiyawaa. Wazir

Gidadu said in his Karamaat as-Shaykh: “When we gathered together before him, and he said what he had said, and

gave alms to the scholars which was excessive; then the Shehu stood before him and said: ‘Indeed I and my jamaàt are

not in need of your wealth; however I request from you five matters: [1] that you leave me to invite the people in your

land to Allah; [2] that no one be prevented if someone desires to accept my invitation; [3] that respect be given to

everyone who wears the skull cap and turban; [4] that you free political prisoners; and [5] that you repeal all taxes

which are harmful to the subjects’. The ruler accepted his request saying: ‘Indeed I grant you what you ask and am

content with everything that you desire to implement in our country.’ All praises are due to Allah for that, and we

returned to our land establishing the religion, while the scholars returned to their land with their ill begotten wealth.”

Along with this, Allah taàla placed under his control all the stratum of the cities from their scholars, the people of

industry, professional guilds, military and warfare as well as huge confederations of the communities of Islam, as it will

be mentioned, Allah willing.

Among his miracles also is what Allah taàla gave of spiritual openings for him when he reached the age of

forty, similar to what Allah taàla gave of spiritual openings to our Prophet, may Allah bless him and grant him peace

and dispatched him as the Seal of the Prophets and the Imam of the Messengers, at the beginning of his fortieth year.

Correspondingly, Allah taàla gave a spiritual opening to Shehu Uthman ibn Fuduye` and made him the Imam of the

Awliyya as he said in his Fulfulde` poem called The Song of Comparison:

Muhammad jawtataaki sifaaji muudumu

Manaasaba urdi ma`kuni meer’uraami

Umuuwaardee wunaai’ majjuyaybi’aa

Hitaadi ghutaami nuun’iri nandinaami

It means: It is not possible to attain the attributes of Muhammad in their entirety, but I have been scented from

the fragrance of being in conformance with him. For he is my leader and I will never go astray. It was in the year which

I was made a branch of him that I also was made to resemble him. Wazir Gidadu said in his Rawdat’l-Janaan that the

causative factor of this Divine favor was the passionate desire of the Shehu towards the Messenger of Allah, may Allah

bless him and grant him peace, which induced him to take an oath and covenant not to speak with people for an entire

year from the day of the mawlid of the Prophet, may Allah bless him and grant him peace, which is the 12th

of the

month of Rabi`’l-Awwal until the Rabi`’l-Awwal of the following year. At the completion of that covenant after one

year, Allah taàla illuminated his heart with the Lights of Muhammad as he himself said in his Kitab’l-Wird: “When I

reached the age of forty-one, five months and a few days, Allah attracted me into His presence. I found there the master

of men and jinn, our master Muhammad, may Allah bless him and grant him peace and with him were the Companions,

the Prophets and the protected friends of Allah (awliyya). They then welcomed me and sat me in the middle of their

gathering. Then the savior of men and jinn, my master Abd 'l-Qaadir 'l-Jaylani came with a green cloak trimmed with

the statement Laa ilaha illa Allah Muhammadun rasuulullah, and a white turban designed with the chapter, 'Say He

Allah is One.' He gave these to the Messenger of Allah, may Allah bless him and grant him peace, who placed them on

his breast for a while. He then gave them over to Abu Bakr 's-Sidiq, then to Umar 'l-Farruq, then to Uthman Dhu 'n-

Nurayn, then to Ali (may Allah ennoble his face!) and then to Prophet Yusef, upon him be peace. Yusef then returned

them to my master Abd 'l-Qaadir 'l-Jaylani, who then dressed me in them with their permission. They said to him, 'Dress

him and tie the turban on him and name him with the name which is special to him.' He sat me down, dressed me, tied

the turban on me and called me by the name Imam 'l-Awliyya. He commanded me to do good and forbade me from

indecency. He then girded me with the Sword of Truth and commanded me to unleash it against the enemies of Allah;

and then he commanded me with what he commanded me.” This great spiritual opening and Divine attraction occurred

in the year 1208 A.H. [circa 1794 C.E.].

Regarding that also, Amir’l-Mu’mineen Muhammad Bello said in his Infaq’l-Maysuur: “He (the Shehu)

informed me of the time when he obtained the divine attraction by means of the baraka of the prayer upon the Prophet

(as-salaat àla 'n-nabiyy), may Allah bless him and grant him peace. He was persistent with this without boredom,

laziness nor laxity. As a result, Allah assisted him with the overflowing of illumination (fayd 'l-anwaar) by means of

Shaykh Abd 'l-Qaadir 'l-Jayli, may Allah be pleased with him, and his grandfather the Messenger of Allah, may Allah

bless him and grant him peace. He then witnessed the astounding things of the unseen kingdoms (àjaa'ib 'l-malakuut)

and realized the mysteries of the kingdom of power (garaa'ib 'l-jabaruut). He witnessed the phenomena of the Divine

Attributes, Names and Essence. He became acquainted with the Guarded Tablet (al-lawh 'l-mahfuudh) and untied its

remarkable secrets. The Absolute Being gave him to drink the sweetness of inviting people to Him and crowned him

with the crown of direction and guidance to Him. Then a voice from the divine presence called out once: “O mankind

answer the call of the inviter to Allah!” It then recited the verse: “Turned aside from it is he who is turned aside.” Then

the Absolute Being returned him to the place of consciousness in order that the station of guiding others and inviting

them can be given to him. Sometimes the lights of majesty (anwaar ‘l-jalaal) would overcome him and seize him.

Sometimes the lights of beauty (anwaar ‘l-jamaal) would release him and set him at ease. This was along with the fact

that he was among the people of firm establishment (at-tamkeen) and permanent stations (al-maqaamaat), not among

the people of transient states or the newly arrived. He then established what the Absolute Being created him for. He

made him deserving of inviting people to Him and of being a guide to Him. He thus began calling people to Allah and

guiding them to Him.”

Just as the Messenger of Allah, may Allah bless him and grant him peace encountered rejection, hatred, and

disbelief from the people of Mecca and others among the Arab tribes, likewise the Shehu encountered rejection, hatred

and repudiation from the people of his land. About this he said in his Fulfulde` poem:

Muhammad muaydu turraaji deembi’ayi

Meettiya Allah duuduun’iri tafaami

Uhu`shidiraayi ghu`tu hiduu ghiyaadum

Meettiya Allah duuduur duutuyaami

It means: Indeed Muhammad encountered harshness from people. I praise Allah that this also is what I

encountered. He upon him be peace never treated people malevolently. I praise Allah that it was with this conduct

which I followed. Shaykh Muhammad Mua’allahyede ibn Abd’l-Qaadir ibn Mustafa said in his Nabdhat Yaseera:

“Realize that Shehu Uthman, may the mercy of Allah taàla be upon him was reared upon the religion of Allah, along

with the fact that he possessed tremendous character, a noble nature and was stalwart in the religion. He never behaved

with the rage of ignorance, even against those who deserved it. He used to honor the elderly and show compassion to

the young. It was the unanimous agreement of the people of his time that they had never seen anyone with more

excellent character than him. One of the scholars once asked one of his sisters who was close to him: “By what merit

did this man become superior to all the people?” She said: “I never saw him do acts of worship more than any of your

acts of worship. I only witnessed from him excellent character which was not equaled by anyone of the people, except

the Prophet, may Allah bless him and grant him peace. In this manner he was superior to everyone.”

Regarding this, Sultan Muhammad Bello said in his Infaq’l-Maysuur: “When the Shehu clarified the path,

guided the successful and cleared the road for the travelers; the worldly people from among the evil scholars and rulers

blindly continued in their repression. They only feared the demise of their system, the lost of their markets and their

deterioration in the eyes of those who were guided. Consequently, these rulers and scholars began to harm the Shehu's

jamaàt by seizing their wealth. The simple-minded among them endangered the lives of the Muslims and began to cut

off their paths of earning their living. They used to hinder everyone who had some relationship with the Shehu, although

the followers of the Shehu did not raise any objection to them. It never crossed the oppressors’ minds that they were

doing any wrong to the Muslims because the majority of the followers of the Shehu were from among the most

powerless of people who had never known true political honor or social respect.”

Just as the Messenger of Allah, may Allah bless him and grant him peace made the emigration (hijra) taking

flight with his religion from tribulations, when he was at the beginning of his fiftieth year, likewise the Shehu, may the

mercy of Allah be upon him made the emigration at the beginning of his fiftieth year. He said about that in his Fulfulde`

poem:

Unuddiri deena wanafiyyu da’yri ufirnaa

Meettiya Allah nuun’ira kuuranaami

Sabaaba fifuna tuhi’furbi ‘iwuaymuu

Meettiya Allah dun’ir ‘iwranaami

Ghaùuwi firnaabu subbiraya ‘uayni

Meettiya Allah tuun’ir ‘uayninaami

‘Aran saffuuri sitteena ‘ufirnaa

Meettiya Allah duun’ir firniyaami

It means: The Prophet, may Allah bless him and grant him peace invited the people to the religion and

manifested the Divine Unity in their hearts. After that he was forced to make emigration. All praises are due to Allah

that the people likewise drove me out. The cause of his emigration was as a defense against slaughter. All praises are

due to Allah that He saved me from that. The Prophet, may Allah bless him and grant him peace emigrated east then

north. All praises are due to Allah likewise was I saved. In the beginning of his sixth decade, may Allah bless him and

grant him peace he emigrated with his religion. All praises are due to Allah that it was at that age in years that I too was

saved. For the Shehu made the emigration from Degel in the year 1218 on the 10th

of Dhu’l-Qaìda [circa 1804 C.E.].

He and all those who listened to his teachings and obeyed him fled with their religion eastward to a place called Kuri

Naghindu, then from there to a place called Timbaa, then from there they fled northward to Kalmaalu, then to a place

called Farkhaaji, then to Ruwaawuri, until the Shehu reached Gudu. His age at that time was 51.

Just as Allah ta`ala gave permission to our Prophet, may Allah bless him and grant him peace to establish the

military struggle soon after the emigration and granted him a decisive victory in the Battle of Badr and in four

subsequent battles after it; and after that the Battle of Uhud occurred in which many Muslims attained martyrdom, like

our master Hamza ibn Abd’l-Muttalib and others; likewise this too happened to Shehu Uthman ibn Fuduye` as he

recounted in his Fulfulde` poem:

Yubaawu firun ‘uhuddiranaa jihaadi

Meettiya Allah nuun’ir keetaninaami

Himiy haraam ‘ufuddunuyaa jihaadi

Meettiya Allah duunur fuddanaami

‘Uhuri juureeji deenfu yunasru yaadi

Meettiya Allah Meehbu fu nasranaami

‘Arankabi wartinuaybimu laabri ghuughaa

Meettiya Allah duunbiru laabnunaami

Yubaawu du’umfu jarraba mi’ami juulbi

Meettiya Allah duuhibi’iy mi’amuyaami

It means: After the emigration of the Prophet, may Allah bless him and grant him peace military struggle was

prescribed for him. All praises are due to Allah likewise was this prescribed for me. It was in the sacred month that his

military struggle began. All praises are due to Allah that it was at this time that my military struggle began. The

Messenger of Allah, may Allah bless him and grant him peace engaged in five military engagements after which those

who drove him out from Mecca could not reach him. All praises are due to Allah that my military engagements reached

the same number. In all five encounters the Messenger of Allah, may Allah bless him and grant him peace was given

victory over the disbelievers. All praises are due to Allah I too was given victory in the first five military encounters. By

means of these military engagements the Messenger of Allah, may Allah bless him and grant him peace was made

manifest over his enemies. All praises are due to Allah that I too was made manifest in the first five battles. Then after

these victories tribulations appeared which adversely harmed the Muslims. All praises are due to Allah for the

tribulations which occurred for me in that time as well.

Shaykh Abd’l-Qaadir ibn Mustafa said about this in his Mawsuufaat as-Sudan:

The Shehu fought in five military campaigns

Consecutively with the praise of the Lord of the Throne

And during this time we received news of the disbelievers

Who were under the command of Yunfa, the father of tribulations

All of the disbelievers of the land of the Blacks had gathered

With hatred against the People of the religion and those of spiritual excellence

While Yunfa had dispatched letters throughout the lands

In order that they could give him assistance against the servants of Allah

Along with the people of Gobir were those of Katsina

Joined by the Tuaregs as well as the `Awadir equally

They all gave mutual assistance to one another and came

To the land of Kwotto which was the rendezvous for all those who came

The flag of the Party of Allah by the Absolute Being had been elevated

On that day disbelief and injustice were completely humiliated

And Abdullahi came with massive amounts of troops

Along with a division of soldiers who were true hearted on the battlefield

He was the first among them who had fired

The arrows of Jihaad in the encounters against the others

The whole battle zone became impassioned and heated

They drew near one another and the disbelievers lined up

The corrupt ones began to prance and whoop and yell

While the righteous shored up their ranks and then made the takbeer

They all then engaged one another and the dust darkened the sky

And then and there that fire of theirs was completely extinguished

Then the people of Gobir turned on their heals in flight

For nothing detoured any of them from fleeing the battlefield

Their ruler even left behind his shoes, and likewise

His cupola as well as his armor completely vanquished

He even left behind his throne and drums all together

As well as his sword, while he was perplexed in complete fright

All of their devices of government and instruments of war were found

On that day the people of Gobir had nothing to be thankful for

And the Muslims showed severity in the lands of disbelief

Against the tyrants and against the governments of the oppressive

Regarding this also Sultan Muhammad Bello said in his Infaq’l-Maysuur: “This battle (Tabkin Kwotto) was

the greatest encounter between the disbelievers and us, because it was like the recurrence of the day of Badr, the ‘Day of

the Criterion, the Day of the encounter of the two opposing parties.’.” He likened the battle of Tabkin Kwotto to the day

in which distinction was made between Truth and falsehood and the day of the encounter between the Party of Allah

and the party of Satan, meaning the Day of Badr. Likewise, the teacher Abdullahi ibn Fuduye` likened this battle in the

same vein in his Tazyeen’l-Waraqaat:

And there was nothing except that I saw that their waterless cloud

Had cleared away from the brilliantly shining sun of Islam

By the help of Him who helped the Prophet against the enemies

At Badr, with an army of Angels gathered together

As for the tribulations which afflicted the Jamaàt after the initial victories over the disbelievers, it is a

reference to the battle of Thunthuwa as was mentioned in the Mawsufaat as-Sudan:

(The disbelievers) pounced upon the homes of the Muslims

After that, then they were forced to turn tail and flee

However, they killed a company among the scholars

During the battle at the initiation of the encounter

Among them was the Imam Mumman Sanbu

And many of them were from the people of Jubbu

Those killed among them was the learned Sa`daara

The master of the sciences of grammar and historical narratives

And Zayd, Ditti, then Daadan whose lineage goes

To Dumaamu, mentioning these suffices the one astonished

Other than these were those who had memorized the Qur’an

And the students of knowledge, the possessors of certainty

May Allah shower His pardon upon all of them

And make our love for them a means of intercession for us

The martyrs at Tsunthuwaa can not be counted

Due to the extensiveness of their numbers which were innumerous.

Just as Allah taàla gave victory to our Prophet, upon him be blessings and peace against the disbeliever

through the conquering of Mecca and then firmly established his feet over all the Arabs and others; likewise did Allah

taàla give victory to Shehu Uthman ibn Fuduye` as he said himself in his Fulfulde` poem:

‘Utimaninaama ‘eena ‘ujaaluyeeya’ay

Meettiya Allah miyambu dijaalinuyaami

It means: Allah taàla completed His promise to His Messenger, may Allah bless him and grant him peace that

He would give victory to him against his enemies. All praises are due to Allah for His victory to me against my enemies

as well. For Allah taàla firmly established the Shehu and the Muslim along with him with victory, triumph and the

establishment of the religion in the traces of the footprints of the Messenger of Allah, may Allah bless him and grant

him peace. The Shehu, may the mercy of Allah be upon him said in Najm’l-Ikhwaan: “As for what will clarify what

Allah taàla has conferred upon us in these times of religious and worldly blessings, so that the people of these times

can be grateful for them. This will make us and them worthy of increase, because Allah taàla says: 'If you are grateful,

He will increase you in blessings.' We also clarify these blessings so that every person of insight may know that we are

following in the footsteps of Muhammad the Chosen Prophet, in all affairs. Realize, O Brothers! that Allah taàla, has

conferred upon us in these times: [1] a clear explanation of what is to believed in (àqeeda) from the religion of Allah;

[2] a clear explanation of what is to be done (àmal) from the religion of Allah; [3] a clear explanation of what is to be

avoided (tark) from the religion of Allah; [4] a clear understanding of what is highly recommended (mubaah) from the

religion of Allah; [5] He has conferred upon us the removal of obscurities (shubuhat) from the religion of Allah; [6] He

has conferred upon us the favor of commanding all that is good (amri bi'l-ma`ruf); [7] forbidding indecency (nahyi àn

'l-munkar); [8] frightening the people to cause them to leave disobedience of Allah; [9] giving good tidings to the

people to urge them to the worship of Allah; Then He conferred on us [10] the favor of making the emigration (hijra);

[11] the nominating of an Amir'l-Mu'mineen; [12] the taking up of the instruments of jihad which are cavalry horses,

arrows, longbows, spears, swords, shields, armor, belts, helmets and other military equipment. He then conferred on us

[13] the favor of making the jihad with them; [14] the appointing of prime ministers (wazir); [15] appointing of the

amirs over the military; [16] the establishment of the public treasury (khaazin); [17] the appointing of regional amirs;

[18] the appointing of government secretaries (kaatib); [19] the appointing of ambassadors (rusul) to foreign kingdoms;

[20] taking civil servants (khudaam) for domestic affairs; [21] appointing of the judiciary (qudaa); [22] appointing of

the amirs responsible for executing legal punishments (huduud); and [23] the appointing of the Amir of pilgrimage

(hajj). Thus, these 23 characteristics are the fundamental rites of Islam. And there number is like the number of years of

the mission (risaala) of Muhammad, may Allah bless him and grant him peace. We are grateful to Allah who has

favored us with the manifestation of these fundamental Islamic rites during these Last Days.”

Thus, Allah taàla conferred upon the Shehu and his armies successive consecutive victories. For, in the month

of Ramadan in the year 1220 A.H. (1805 C.E.), Muhammad Bello ibn Shehu Uthman ibn Fuduye` conquered Kano.

Yandoto was conquered in the month of Dhu’l-Qaìda in the year 1220 A.H. In the year 1221 A.H. (1806 C.E.) the

country of Katsina was conquered. Then military engagements occurred between the Muslims and the people of Bornu

where many encounters occurred in order to give victory to the Muslims. In the year 1222 A.H. (1807 C.E.) the first

battle of Alkalawa occurred, however the Muslims were unable to conquer it, having killed only about twenty of their

knights. Then Maadamu was conquered as well as the town of Kanu just on the borders of the land of Kiyawa, as well

as innumerous military garrisons in the remainder of the lands. In the 1223 A.H. (1808 C.E.) the second battle of

Alkalawa occurred, where Allah completed the conquering, victories, and political sovereignty for the Muslims. As a

result the power of the disbelievers in the remainder of the lands of Hausa diminished. Some of the rulers of their lands

repented at the hands of the Shehu, while others followed him whole heartedly. Thus, the affair of the country was

firmly established where even the bordering regions became pacified and to Allah belongs the praise.

In the year 1224 A.H. (1809 C.E.) the Muslim armies crossed the river to the south and as a result many

countries and military garrisons were conquered and they returned safely with much spoils of war. In the month of

Ramadan in the year 1224 A.H. (1809 C.E.) the Shehu moved from Gudu to Sifawa and the Muslim armies reached the

land of Zaberma and Gurma in which they were able to conquer and gain much spoils of war before returning. On their

return they passed the lands of Nupe` which they also attacked. In the same year Bornu was easily conquered. Likewise

many victories occurred in the lands of Nupe` at the hands of Shaykh Muhammad al-Bukhari ibn Shehu Uthman ibn

Fuduye` and his paternal cousin, Shaykh Muhammad ibn Abdullahi ibn Fuduye` in which they gained tremendous

amounts of war spoils. In the same year the battle of Gobir occurred in which it was conquered at the hands of Amir

Muhammad Bello ibn Shehu. From the years 1225 A.H. until the year 1226 A.H. (1809-1811 C.E.) the armies of the

Muslims spread throughout the lands of the enemies gaining many victories, wealth and spoils. In the year 1227 A.H.

(1812 C.E.), Malam Musa, the Amir of Zakzaki arose with a powerful army and attained many victories. In the year

1228 A.H. (1813 C.E.), a man by the name of Hami appeared in the lands of Maaghangha claiming that he was the

Mahdi. Eventually he was seized and crucified. In the year 1229 A.H. (1814 C.E.) the armies of the Muslims reached

the lands of Borghu, vanquished the enemies and then returned after having attained many victories. In the year 1230

A.H. (1815 C.E.) the Shehu relocated from Sifawa to Sokoto and established it as the capital of the Sokoto Caliphate. At

the hands of his son, Muhammad Bello ibn Shehu Uthman ibn Fuduye`, on Monday the 5th

of Jumad’t-Thani in the year

1230 A.H., Sokoto was settled and caused to prosper. As a result it became the Dome of Islam in the lands of the Blacks

until the Day of Standing. In the last part of the same year Shaykh Muhammad ibn Abdullahi ibn Fuduye` made military

engagements against the lands of Borghu, conquered it and killed its ruler. Amir Muhammad ibn Abdullahi ibn Fuduye`

was among the oldest of the sons of the brother of the Shehu. These victories occurred during the autumn season in the

last part of the year 1230 A.H. As a result of these successive consecutive victories, the Uthmani Sokoto Caliphate

became by the baraka of the Shehu, may the mercy of Allah be upon him the greatest of the governments in the lands of

the Blacks; may Allah establish its pillars and assists its Sultan until the Day of Judgment. From these blessings and

victories the scholars were unified regarding Shehu Uthman ibn Fuduye` being the 11th

Rightly Guided Khalif who had

transcended the inward and the outward, who had gathered together the two ranks of knowledge and governmental

authority and who had successfully achieved the mastership of the inward and the political authority of the outward.

Under his authority fell all of the Central Bilad as-Sudan, parts of the Lower Bilad as-Sudan and most of the Upper

Bilad as-Sudan, and all praises are due to Allah for that.

All during this period the Shehu continued to compose useful scholarly works. From the year 1180 A.H. (1764

C.E.) until his last years, the Shehu composed innumerous texts, beneficial works and majestic poetry in every

discipline from the sciences of tawheed, fiqh, tasawwuf, the principles of jurisprudence, its branches, politics, and legal

judgments. He never composed a book unless there was a need for that book for his Jamaàt in resolving their

problematic issues and in admonishing the Muslims. Among his most important compositions were: this book in your

hands the Sawq’l-Umma Ila Ittiba` as-Sunna, the Ùmdat’l-Ùlama, the Ùmdat’l-Mutaàbideen wa’l-Muhtarifeen, the

Mirat’t-Tullab, the Ihya’s-Sunna wa Ikhmad’l-Bida`, the Hisn’l-Afhaam Min Juyuush’l-Awhaam, the Tarweeh’l-Umma

and others. These books proved that the Shehu, may the mercy of Allah be upon him had attained the rank of

independent judgment as well as mujaddid.

Among his scholarly works in the area of the foundations of the religion and scholastic theology were: the

Usuul’d-Deen, the Ruju` as-Shaykh as-Sunusi Àn at-Tashdeed Fi at-Taqleed, the Kifaayat’l-Muhtadeen, the Tahqeeq

al-Ìsma, the Shifa’ ‘l-Ghaleel Fi Kulli Ma Ashkala Min Kalaam Shaykhinaa Jibril, and others.

Among his scholarly efforts in the area of the outward branch of the religion regarding jurisprudence and the

individual obligations were: the Ùmdat’l-Bayaan, the Ùluum’l-Muàmilat, the Ùmdat’l-Ùbaad, the Bustan’d-Duà,

the Qawaìd as-Salaat, the Aqsaam ‘d-Deen, the Targheeb Ìbaadallah Fi Hifdh Ùluum’d-Deen, the Tahqeeq’l-Imaan

wa’l-Islam, the Iqtibas’l-Ìlm and others.

Among his scholarly productions in the area of the inward branch of the religion regarding spiritual

purification in character reformation and spiritual realization they were: the Nuur’l-Awliyya, the Tareeq’l-Janna, the as-

Salaasil ad-Dhahabiyya, the Riyaadat as-Saalikeen, the Usuul’l-Wilayat, the Kitab at-Tasawwuf, the as-Salaasil’l-

Qaadiriyya, the Talkhees Kitab al-Haarith al-Muhasibi, the Sawq’s-Siddiqeen, the Jami`’l-Khasaa’is, the Tabsheer’l-

Umma’l-Ahmadiyya, the Tafriqa Bayna at-Tasawwuf Li’t-Takhalluq Wa Bayna at-Tasawwuf Li’t-Tahaqquq, and

others.

Among his scholarly works in the area of commanding the good and forbidding evil, the removal of heretical

innovations and destructive customs were: the Ùddad ad-Daai`, the Hukm’l-Juhal Bilad ‘l-Hausa, the Ajwiba’l-

Muharira, the Bayan’l-Bida` as-Shaytaniyya, the Nuur’l-Albaab, the Tanbeeh’l-Afhaam, the Tahdheer’l-Ikhwaan and

others.

Among his scholarly efforts in the area of the politics of the Umma, and the removal of social problems were:

the al-Amr bi Muwaalat’l-Mu’mineen, the Tamyeez ‘l-Muslimeen Min’l-Kaafireen, the Bayaan Wujuub’l-Hijra Àla ‘l-

Ùbaad, the Tamyeez Ahl’s-Sunna, the Tanbeeh’l-Ikhwaan, the Nasaa’ih’l-Umma’l-Muhammadiyya, the al-Fasl’l-

Awwal, the Usuul’l-Àdl, the Tanbeeh’l-Hukaam, the al-Farq bayna Wilaayat’l-Islam Wa Bayna Wilaayat’l-Kufr, the

al-Masaa’il ‘l-Muhimma, the Kitab’l-Jihaad, the Wathiqa Ila Ahl as-Sudan and others.

Among his scholarly works in the area of chains of authorities and spiritual lineage regarding the recitation of

the Qur’an, the books of prophetic traditions, exegesis, the principles of jurisprudence, jurisprudence, the four schools

of thought, linguistics, prosody, eloquence, litanies, daily recitals, and other than these, they were: the Asaaneed’d-

Daèef, the Asaaneed’l-Faqeer and others.

Among his scholarly efforts in the area of litanies and spiritual recitals which were specific to him were: the

Kitab’l-Wird, the ad-Dalaa’il, the al-Hirz, the al-Munaajaat, the ad-Duàa, the Daa’irat’l-Àwniyya, the Ism Allah’l-

Àadhim, the Hizb’l-Fidaa and others than these which come to about one hundred scholarly works in all, as Sultan

Muhammad Bello and others mentioned. The books of the Shehu Uthman ibn Fuduye` are extremely advantageous for

the people of his time and those of our time, as I will clarify for you, Allah willing.

Among his scholarly productions in the area of the affair of the Hour, the signs of the End of Time and its

preconditions were: the al-Khabr’l-Haadi Ila Umuur al-Mahdi (the Transmitted Guidance to the Affairs of al-Mahdi),

which he arranged into ten explanation regarding the issues of the Mahdi, may Allah be pleased with him; the al-

Mahdhuuraat Min Àlaamaat Khuruuj al-Mahdi (The Adversities from the Signs of the Appearance of al-Mahdi), in

which he narrated ten prerequisites regarding the issue of the Mahdi’s appearance, in which is also cited some of the

secrets of his appearance; the Muddat’’d-Dunyaa (the Extent of This World’s Life), in which he clarified five issues

regarding the extent of the time of this world; the al-Amr’s-Saa` (the Affair of the Hour), which he arranged in an

introduction and seven subjects; the Tanbeeh’l-Umma Àla Qurb Hujuum Ashraat as-Saa` (Admonition of the Umma

Regarding the Nearness of Appearance of the Signs of the Hour), in which he placed ten chapters regarding the signs of

the Hour, the signs of the End of Time, its prerequisites, and specifically the issue regarding the appearance of al-Mahdi

in the End of Time.

The Relationship of the Shehu to the Awaited al-Mahdi and Their Mutual Resemblance

In this realm, Shehu Uthman ibn Fuduye` had a special connection which no one else among the Islamic

reformers shared. For in the same way that he resembled the Messenger of Allah, may Allah bless him and grant him

peace, as we cited; he also possessed resemblance with the Seal of the Muhammadan Saints, the Awaited Imam al-

Mahdi expected in the End of Time. Shehu Uthman, may Allah be merciful to him was among the last of the

manifestations of the saying of the Messenger of Allah, may Allah bless him and grant him peace: “I make a covenant

with you that you will be fearfully aware of Allah, adhere to my Sunna, and the Sunna of the Rightly Guided and

Guiding Khalifs. Hold to them stubbornly, even if there is appointed over you an Abyssinian servant. Listen to him and

obey him, for every heretical innovation is an error.” He was also among the last of the manifestations of his words

upon him be blessings and peace: “The mercy of Allah is upon my vicegerents.” It was said: “What are your

vicegerents?” He said: “Those who give life to my Sunna and teach it to the people. Whoever gives life to my Sunna has

given life to me. Whoever gives life to me will be with me in Paradise.” For Shehu Uthman ibn Fuduye` was the 11th of

the 12 promised Rightly Guided Khalifs who had transcended the inward and the outward, who had gathered together

the two ranks of knowledge and governmental authority and who had successfully achieved the mastership of the

inward and the political authority of the outward. He was the mujaddid of the religion in the 12th

century of the hijra.

For no one after him has or will attain and transcend his spiritual station in social reformation, saintliness, knowledge,

military struggle, Islamic government in the outward, spiritual axis in the inward, gnosis, and Divine stations, except al-

Mahdi. It is this reality which induced the Shehu to say: “There will be no mujaddid between me and the Mahdi, except

that he will be concealed.” This means that what Allah favored the Shehu with of joining the spiritual station in inward

mastership and the outward Caliphate will not be realized again by anyone until the Awaited Mahdi appears, because he

is the Seal of the Rightly Guided Khalifs and the Seal of the Muhammadan Awliyya in the End of Time. “That is the

bounty of Allah which He gives to whoever He wills, for Allah is Vast Knowing.”

Regarding this the Shehu, may Allah be merciful to him, mentioned in the completion of the above mentioned

Fulfulde` poem called ‘the Song of Comparison’ where he described the correlation and connection between himself

and al-Mahdi, as well as his resemblance to him. This bond between them clearly distinguished the Shehu from the rest

of the Islamic reformers (mujaddiduun) which appeared throughout the history of Islam. In this poem the Shehu said:

“Muhakkaamaa munaasaba bumu Mahdi * Meetti Allah duudum dukkaraami”; which means: ‘I have also been granted

attributes in resemblance to the Mahdi; I thank Allah for what I have been granted. He said: “Mibi`tuudum ghanam

yatu’ayghu Allah * Wunaagham simbbidinghu kukabanaami”; meaning: ‘Let me declare them in gratitude to Allah, not

because of any power of mine have I attained what has been assigned.’ He said: “Useeniruyaama kankubu

yisuughardhaki * Meetti Allah meembu dissayniraam”; meaning: ‘He too was foretold in prophecy before his coming; I

thank Allah that my coming too was prophesied.’ He said: “Zamaan maàn yudum zamunuumu Mahdi * Meetti Allah

duunubbana ghadduyaami”; meaning: ‘Our time is a time of a mahdi; I thank Allah at this time too have I been sent.’

The meaning of his words: ‘Our time is a time of a mahdi’ means in this case ‘a reformer’ (mujaddid) because every

mujaddid is a mahdi for his time. The Prophet, may Allah bless him and grant him peace once said as it has been related

by Abu Dawud, al-Bayhaqi and others on the authority of Abu Hurayra: “Indeed Allah taàla will raise for the benefit of

this Umma at the head of every century one who will renew for it its religion.” For the mujaddid is the one who arises in

every age who protects the religion on behalf of this Umma by reconstructing its principles, reinforcing its Sunnan and

elucidating them to mankind. There is no doubt that Shehu Uthman ibn Fuduye` was like that. It is also conceivable that

what he meant by ‘a time of a mahdi’ is a time for the establishment of the religion beneath the banner of Caliphate, as

the Prophet, may Allah bless him and grant him peace once said in a narration from Ahmad, Abu Dawud, at-Tirmidhi,

Ibn Maja and others on the authority of al-Ìrbaad ibn Saariya: “I advise you to have fearful awareness of Allah; to hear

and obey even when an Abyssinian servant has been placed over you. For those of you who live on after me, you will

witness much discord; however obligatory upon you are my Sunna and the Sunna of the righteous, rightly guided

(mahdiyyeen) khulafa. You should hold firmly to these and do so stubbornly; and beware of contrived affairs, because

every contrivance is a heretical innovation, and every heretical innovation is an error.” He, upon him be peace, only

meant by his words ‘the righteous rightly guided khulafa’ those who in their spiritual Path act in accordance with his

spiritual Path, may Allah bless him and grant him peace, in making jihaad against the enemies, strengthening and

reinforcing the rites of the religion and the like. There is no doubt that the Shehu was like that.

The Shehu went on to say in his poem: “Lateefu ghutaydu Mahdi naki’aju burnaa * Meetti Allah kanjum

burnuyaami”; meaning: ‘With gentle nobility is Mahdi clothed; I thank Allah that with this am I too clothed. He said:

“Ulammantaaki maa fitinaaji binaghi * Meetti Allah duununye` lammunaami”; meaning: ‘He will only be appointed

when disorder prevails; I thank Allah that at such a time have I been appointed.’ He said: “Uwurtinataaki maa

tawujangha’aaji duudee * Meetti Allah duunuye` ghurutinaami”; meaning: ‘He will only be sent when oppressors

abound; I thank Allah that at such a time have I been sent.’ He said: “Jida’ayri fataraa mudeena u’umminu’aayti *

Meetti Allah duumbu u’mminaami”; meaning: ‘At a time of religious decline will he arise; I thank Allah, that at such a

time have I arisen.’ He said: “Ku Mahdi undiraa buru Faatimmyu * Meetti Allah kanujja’am filannaami”; meaning: ‘A

mark of Mahdi, is his descent from Fatima; I thank Allah that from this descent have I originated.’ He said: “Ku Mahdi

undiraa laa baneeghu anddal * Meetti Allah kanudu’im falinnaami”; meaning: ‘A mark of Mahdi is the purifying of

learning and the acquisition of knowledge; I thank Allah that learning I too have purified. He said: “Ku Mahdi undiraa

duqqayghu dunyaa * Meetti Allah meembu didughinaami”; meaning: ‘A mark of Mahdi is the shunning of the world; I

thank Allah that I too have been made to shun it. He said: “Ku Mahdi undiraa barraaghu raayu * Meetti Allah meembu

dibarrinaami”; meaning: ‘A mark of Mahdi is the trustworthiness of his opinions; I thank Allah that regarding veracity

of opinion that I too am established.’ He said: “Ku Mahdi undiraa alàada dujyu * Meetti Allah duudum dujjanaami”;

meaning: ‘A mark of Mahdi is the overthrow of false customs; I thank Allah for it is these too which I have

overthrown.’ He said: “Ku Mahdi undiraa biduàaku maa’aynaa * Meetti Allah duwwadum andinaami”; meaning: ‘A

mark of Mahdi is the suppression of innovation; I thank Allah for what I have been made to suppress.’ He said: “Ku

Mahdi undiraa nudhu’ayghu deenaa * Meetti Allah duwwadum andinaami”; meaning: A mark of Mahdi is his calling

for religion; I thank Allah that it is to this that I have called mankind. He said: “Ku Mahdi undiraa nudu’ayghu tu`tay *

Meetti Allah meembu dunaàtuyaami”; meaning: ‘A mark of Mahdi is that his call will be answered; I thank Allah that

regarding my call I too was answered. He said: “Ku Mahdi undiraa Qur’an janagha’ay * Meetti Allah kanijum

shukliraami”; meaning: ‘A concern of Mahdi is that the Qur'an should be studied; I thank Allah that this too has been

my concern.’ He said: “Ku Mahdi undiraa yahdinghghu sunnaa * Meetti Allah duuduun ghihudinaami”; meaning: ‘A

mark of Mahdi is the reviving of the Sunna; I thank Allah for it has been what I have revived.’

The Shehu went on to say in his poem: “Ku Mahdi undiraa nighru’ayghu * Meetti Allah duuwwaduu

na’irniàami”; meaning: ‘A mark of Mahdi is his efficiency; I thank Allah that I have been efficient.’ He said: “Ku

Mahdi undiraa yuùhdu yaadu * Meetti Allah meembu difunduyyaami”; meaning: ‘A mark of Mahdi is his self-

discipline; I thank Allah that I have been self disciplined.’ He said: “Ku Mahdi undiraa ya`naari sinddiy * Meetti Allah

meembu dighi`tinaami”; meaning: ‘A mark of Mahdi is that the good intention will be encouraged; I thank Allah that it

too that I have encouraged. ’ He said: “Ku Mahdi undiraa lullarghu khayr * Meetti Allah duuduru lullanaami”;

meaning: ‘A mark of Mahdi is his reputation for goodness; I thank Allah that with this reputation have I been

established. ’ He said: “Ku Mahdi undiraa àdilaaku keeta * Meetti Allah kanjum keetanaami”; meaning: ‘A mark of

Mahdi is the justness of his judgments; I thank Allah that this has been the mark of my judgments.’ He said: “Ku Mahdi

undiraa yuku’aydu banfiye * Meetti Allah meembu diku’aydinaami”; meaning: ‘A mark of Mahdi is his gentle

disposition; I thank Allah that in my disposition I have been gentle.’ He said: “Ku Mahdi undiraa yuseeyuuji julbe’ *

Meetti Allah meembu dishayruyaami”; meaning: ‘A mark of Mahdi is his being the source of joy; I thank Allah that I

too have brought them joy.’ He said: “Ku Mahdi undiraa julbe’ yutiddayee * Meetti Allah meembu ditidduwaami”;

meaning: ‘A mark of Mahdi is the dignity he brings to the Muslims; I thank Allah that I too have been for the Muslims a

source of dignity.’ He said: “Ku Mahdi undiraa laamaadu deenaa * Meetti Allah duudum lamminaami”; meaning: ‘A

mark of Mahdi is his being appointed Amir 'l-Mu'mineen; I thank Allah that for this have I been appointed.’ He said:

“Ku Mahdi undiraa saluyeebi kirsee * Meetti Allah duubu bikirsinaami”; meaning: ‘A mark of Mahdi is his fighting of

those who reject the faith; I thank Allah also for those I have fought.’ He said: “Ku Mahdi undiraa fijjeebi dujjay *

Meetti Allah duubu bidujjamaami”; meaning: ‘A mark of Mahdi is the overthrow of highway robbers; I thank Allah

these too have I overthrown.’ He said: “Ku Mahdi undiraa yuuwadan jihaadi * Meetti Allah meembu duun badaami”;

meaning: ‘A mark of Mahdi is that he will wage jihad; I thank Allah for with this have I been charged.’ He said: “Ku

Mahdi undiraa nasaraaku * Meetti Allah duuf’una burnuyaami”; meaning: ‘A mark of Mahdi is being clothed with

victory; I thank Allah that with victory have I too been clothed.’ He said: “Ku Mahdi undiraa tuujaaji juhdi* Meetti

Allah duumbun shughirraami”; meaning: ‘A mark of Mahdi is being accompanied by flags; I thank Allah towards this

have I been led.’ He said: “Kuday binddaabu saàfu Allahi jaydum * Meetti Allah kanjam binaddanaami”; meaning:

‘What is inscribed on them is Laa ilaha illa Allah; I thank Allah that upon my flags this too I inscribed.’ He said: “Ku

Mahdi undiraa fuuftinaghu julbe’ * Meetti Allah meembu fuuftiraami”; meaning: ‘A mark of Mahdi is the fulfillment of

his words; I thank Allah that my words I have fulfilled.’ He said: “Ku Mahdi undiraa wulwuyayghu futtaa * Meetti

Allah meembu difuttinaami”; meaning: ‘A mark of Mahdi is easing the lot of the Muslims; I thank Allah that likewise,

to their lot have I brought ease.’ He said: “Ku Mahdi undiraa yuduàaghu * Meetti Allah meembu dijaabeeyaami”;

meaning: ‘A mark of Mahdi is the answering of his prayers; I thank Allah that my prayers too have been answered.’ He

said: “Milaa taakee mi Mahdi kidttuyaadu * Yudum tuffuuji ma`kkuni burnuyaami”; meaning: ‘I am not the awaited

Mahdi; It is his mantle with which I have been clothed. ’ He said: “Meeyankiru yaayee mi Mahdi ghuù zamaanu *

Meetti Allah meembu didukkaraami”; meaning: ‘I do not deny that I am a mahdi for this time; I thank Allah for this

privilege which I have been granted.’ He said: “Zamaanu fukaa yuàdder naaghu Mahdi * Shahaada highaybu

duu’adum tiseemnuyaami”; meaning: ‘Every epoch has allotted to it a mahdi; Openly or secretly, so I have been taught.’

He said: “Miduudi jiwuudi Mahdi kidittuyaadu * Yudum wadittaandimimu nanddinaami”; meaning: ‘Regarding the

existence of the awaited Mahdi I am certain, that is why I have been made to know him whom I have been made to

resemble.’ He said: “Meetti Allah yemre’ tanaasabuuje’ * Bu timmi sharkadi mufirun Imaami”; meaning: ‘I thank Allah

for this poem of comparison; It was completed in the year 1224 (1808 C.E.) from the flight the Imam.’ Finally he said:

“Misilmeenee Muhammadu urdu dujuulbayee * Munaasaba maàku urdu muùm uraami”; meaning: ‘I send peace upon

Muhammad, with whose scent of resemblance I have received, with its scent have I been scented.’

It is clear from this blessed poem that the baraka of Shehu Uthman ibn Fuduye` is continuous, unceasing, and

interrelated with the Awaited Imam al-Mahdi. It is in that purview that Sultan Muhammad Bello said in his Infaq’l-

Maysuur when the Shehu had dispatched him to one of the eastern regions with his message: “I inform you of the Good

News of the appearance of the Mahdi, and that the Jamaàt of the Shehu are his vanguard and forerunners. For this

jihaad will not cease, Allah willing until it reaches the Mahdi.” Sultan Abu Bakr ibn Shehu Uthman said in his famous

Risaala: “The Shehu informed me in person that the Jamaàt of the military garrisons from the people of the Sudan will

relocate to the Nile river and to the lands of the Hijaz either themselves or through their descendents. They are the true

remnant of the people of the Shehu, and in them is his light and baraka. They are the ones who will join with Imam

Mahdi and give him the oath of allegiance. With them will be the flags of the Shehu and their spiritual stations with

Allah will be immense.” The Knower of Allah, Shaykh Mua’allahyede ibn Abd’l-Qaadir ibn Mustafa said: “As for (the

Shehu’s) beginning, it started with invitation, then teaching, then jihaad; which was conditioned with the khilaafa, and

representative emirate. As for his secret, it was a subtle spiritual magnetism which comprised the vestment of the

Mahdiyya, and was made plain with spiritual unseen presences which reinforced him from unseen forces such as Angels.

For this jihaad is connected with the affair of the Mahdi, upon him be peace, a matter which was transmitted to us from

the Shehu, may Allah be pleased with him.” I myself, once asked my master Shaykh Muhammad al-Amin ibn Adam

about the meaning of the statement of the Shehu that his jihaad will not cease until it reaches the Mahdi, because as it is

today, military struggle is not being established by any of his Jamaàt in Sudan, Niger, Nigeria nor in any place where

his Jamaàt exist. So how can his jihaad be continuous until the appearance of the Mahdi? He said to me: “His jihaad

began with the tongue, which was the invitation to Allah, commanding the good, forbidding evil and teaching. Then

with the pen, which was the dissemination of beneficial sciences through the production of scholarly works. Then with

the sword, which was the actual establishment of the religion and the formation of the Islamic Caliphate. Now we have

returned to the beginning of the jihaad of the Shehu, which is that of the tongue, and the pen; for it will not cease until

the appearance of the Mahdi who is the Companion of the Sword.” Our evidence for this is in the words of the Prophet,

may Allah bless him and grant him: “Indeed the true mujaahid is the mujaahid with his sword and pen. I swear by the

One in whose Hand is my soul, it is as if they are shooting them with showers of arrows.”

In the year 1232 A.H. (circa 1816 C.E.) the sickness which eventually led to the death of the Shehu began. In

that same year the affair of Ghaagara happened and the catastrophic events that resulted from that. In the month of

Muharram in the year 1232 A.H. the military engagement against Baanaghu began where the disbelievers kept the

armies of the Muslims at bay for a night, after which the disbelievers were defeated and were forced to turn on their

heals. In that year also the armies of the Muslims reached Balagha, defeated them and returned. In that year also

Muhammad al-Bukhari ibn Shehu led a military engagement into the southern regions in which he gained many

victories and much spoils of war. On the 3rd

of Jumad’l-Akhir in the year 1232 A.H. (circa April 29th

1817 C.E.) the

light of the age, renewer of the religion, Amir’l-Mu’mineen, the Imam of the Awliyya, the Sword of Truth, Shehu

Uthman ibn Fuduye`, died may the mercy of Allah taàla be upon him, illuminate his grave and benefit us from his

baraka. His age at that time was 63, like the age of the Messenger of Allah, may Allah bless him and grant him peace

when he died. All praises are due to Allah and gratitude to Him for causing the Shehu to resemble the Messenger of

Allah, may Allah bless him and grant him peace in death as He made him resemble him throughout his life. For we

praise Allah thanking Him for His favoring us with this blessing from one among our ancestors. We praise Allah for

him in every year, month, day, night, hour, and moment; and we say as our Shehu, may Allah engulf him in His mercy

said:

“We praise Allah that our time is a time of illumination

A time of the removal of darkness from over the world

We praise Allah that our time is a time of victory

A time of the humiliation of the party of the disbelievers

We praise Allah that our time is a time of glorious honor

A time of joyfulness for the party of those who surrender to Allah

We praise Allah our company is the faction of Abd

Al-Qaadir the redeeming spiritual master of the knowers of Allah

We praise Allah that our time is a time of revival

Of the Way of the master of all the Messengers.”

And I say as an appendix to his poetic verses, taking blessings from his baraka and making intercession with his

miracles:

We praise Allah that our forces are the forces of the Sword

Of Truth Uthman the spiritual master of the reformers of the religion

We praise Allah that our troops are the vanguard

To the Mahdi, the spiritual master of the Righteous Caliphs

We praise Allah that our litany is sending blessings

Constantly upon Muhammad, the Seal of the Prophets

We praise Allah that our behavior is the character

Of the one who was sent as “a mercy to all the worlds”

We praise Allah, and the last of our supplications

“Is all praises are due to Allah, the Lord of the worlds”.

Apart of giving praise to Allah and showing gratitude for him is by being thankful for His causative factors

such as the Prophet, parents and spiritual teachers, by obeying them and following in their footsteps. It is in this regard

that whoever takes any of the litanies of the Shehu, his spiritual recitals, enters under a chain from his spiritual chains,

holds to his books and methodology, or enters under the oath of allegiance to him from one of his vicegerents or under

the spiritual covenant of a Shaykh from his spiritual path; for he is redeemed in this life and the Hereafter. This is

especially true for the one who studies and delves deeply into his books in these times. For every problematic issue,

tribulation, heretical innovation and affliction which has occurred in these times of ours, I have found its solution and

remedy in his books and in the works of the scholars from his comrades, companions, children, and grand children. He

himself said in his Najm’l-Ikhwaan: “Preoccupy yourself with the study of the scholarly works of my brother, Abdullahi,

because he is mainly concerned with preserving the outward letter of the shari`a. And preoccupy yourselves with the

study of the scholarly works of my son, Muhammad Bello, because he is mainly concerned with preserving the science

of the politics of the Umma, based upon their personalities, objectives, times, places and conditions. Finally, preoccupy

yourselves with the study of my scholarly works because I am mainly concerned with following the middle way

between the two. All of our works are a detailing of what was generalized in the works of the previous scholars. The

works of the previous scholars are a detailing of what was generalized in the Book and the Sunna.” From this it is

established that his methodology, baraka and reformation movement will not cease until the appearance of Imam al-

Mahdi. For the methodology of Shehu Uthman ibn Fuduye` is the vanguard to the methodology of the Mahdi, which is

the explanation of the Book and the Sunna as they are in reality, the clarification of the teachings of the previous

scholars of the Sunna and the certification of the spiritual paths of the People of the Divine Reality.

The Sawq’l-Umma Ila Ittiba` as-Sunna

Prior to discussing the merits of this blessed text, I would first like to clarify my objectives in composing this

commentary, discuss something about my methodology, and to mention something about the views of Shehu Uthman

ibn Fuduye` on the different opinions of the scholars of Islam. Realize, that the help of Allah towards His servants is in

accordance with the scope of their intentions. For when intentions are made pure and sincere regarding every action,

then few actions will suffice a person. It has been related in all the sound collections of prophetic traditions on the

authority of the Prophet, may Allah bless him and grant him peace who said: “Every action is based upon its intention,

and a person will only have what he intends. Thus, he who makes the hijra to Allah and His Messenger, then his hijra is

for Allah and His Messenger. However, whoever makes the hijra for some worldly matter in order to obtain it, or for

some woman in order to marry her, then his hijra is for what he made it.” This prophetic tradition is one of the

fundamental elements of the religion of Islam, and establishes that all actions which a person does whether insignificant

or immense, whether infinitesimal or colossal are all judged by the objectives in its beginning. Ibn al-Hajj elucidated

this in a superb manner in his famous al-Madkhal that although a person performs a single action, he can intend within

that single action a multiple of objectives, thus expanding the spiritual benefit of that singular action to include all the

spiritual benefits which his multiple objectives embrace. Subsequently, he is able to perform a single action, which is

expanded to embrace the benefits of many actions due to his multiple objectives. It is with this meaning that it is known

that the greatest of people in spiritual station and those who have gathered the most spiritual good and baraka is due to

purity and vastness of their intentions.

As I will mention in the beginning of the commentary: “I have composed this commentary in order to make

manifest what I have extracted from the secrets of this revered book as well as the spiritual openings embodied in

adherence to the Muhammadan Sunna in order to disseminate its sublime blessings and overflowing advantages.” What

I mean by this is my first objective is to place myself at the service of my spiritual guide, Shehu Uthman ibn Fuduye`,

may Allah engulf him in His mercy, because every sincere disciple is required to place himself at the service of his

Shaykh. Thus, in composing a commentary on the Sawq’l-Umma it is my way of being at his service by seeing to it that

the beneficial knowledge that he bequeathed to us benefits others. Indeed, it has been established in the prophetic

traditions that when a person dies he leaves only three things which will benefit him after he is gone: [1] beneficial

knowledge; [2] an on going charity; and [3] a righteous child who supplicates for him. My objective in commenting on

the Sawq’l-Umma is in order to meet all three of the above spiritual advantages, ultimately so that the Shehu will be

rewarded in his grave, at his resurrection, and in every realm after it until he sees the Face of His Lord in the Highest

Abode in Paradise. Secondly, within the minhaj of the Shehu is the important principle that within the Sunna of the

Messenger of Allah, may Allah bless him and grant him peace constitutes the most decisive means for attaining spiritual

openings with Allah taàla and knowing Him as He should be known, since the Messenger of Allah, may Allah bless

him and grant him peace is the most perfect and beloved of Allah’s creatures, whose gnosis of Allah taàla is the most

perfect. This follows that following him in his Sunna with the intention of knowing Allah taàla, constitutes the highest

and most noble spiritual Path to Allah taàla. The Shehu himself stated explicitly in his Fulfulde` poems that it was the

Sunna that he truly loved, it was the sole preoccupation of his entire preaching career; and that it was his wird (litany)

by which he attained spiritual openings in the Gnosis of Allah taàla. My objective in commenting upon the Sawq’l-

Umma is to clarify this fact for those whom Allah taàla have illuminated their inner visions. Thirdly, there is no

obligation for someone who is deficient in knowledge such as myself to teach others, because I am not one of ‘the

horsemen’ of the immense affair of learning who are required to disseminate knowledge to the world. However, I am

obligated to disseminate knowledge to my nearest of kin, especially my immediate family, such as my wife, children,

my siblings, and parents. This is an obligation. Subsequently, my objective in making this commentary upon the Sawq’-

Umma is in order to teach my nearest of kin the fundamentals of the religion as demonstrated in the Living Sunna of our

beloved Prophet, may Allah bless him and grant him peace. My main concern, as I stated in the dedication of the book,

are my children: Alfa Umar, Modibo Muhammad, Ahmad Mazin, Shehu Uthman, Abd’r-Rahman, Nana Tasneem,

Fatuuma Mo’inna and Musa Jokolli; that they know their religion from the perspective of the Living Sunna of

Muhammad, may Allah bless him and grant him peace. Fourthly, my objective is to restore the highest and purest

expressions of the African Islamic heritage and culture which was forcibly taken from the millions of Muslims in the

western hemisphere who are the descendents of enslaved African Muslims kidnapped and stolen from their Muslim

homeland and cultural heritage. The Sawq’l-Umma constitutes a portion of the vast Muhammadan Lights which were

bequeathed to our African Muslim ancestors, thus it is an act of reconnecting the ties of kinship, by allowing our people

to engage with the Living Sunna through the prism of our own righteous ancestors. Indeed, the Shehu, himself said: “it

is necessary and obligatory for every reasonable believer to follow the traces of their believing ancestors, to follow the

Way of their righteous grandfathers and imitate them.” To this day, the United States has maintained a secret policy of

assuring that the African American Muslims remain fundamentally disconnected from their Muslim brothers in the

African continent. My objective in commenting upon the Sawq’l-Umma is to reconnect the descendents of enslaved

African Muslims, (who are now admittedly the fastest growing Muslim population in the world), to Allah, His

Messenger and his living Sunna through the eyes of their own righteous ancestors from whom they were cut off from

spiritually, intellectually, culturally, politically and economically for many centuries. Finally, my objective in

commenting upon the Sawq’l-Umma is in order to be included in the baraka which the Shehu infused in the book by his

all-encompassing supplication when he said: “Therefore, I ask Allah, the Mighty Lord of the Tremendous Throne, that

He make this work purely for His Generous sake and that He make it a proof for us and not against us; may He send

down upon us His blessings on the Day of Standing before Him and at the time when mankind decomposes in their

tombs; may He by means of this book benefit all that read it, explain it to others, write it down or incite others to it.

Lastly, I seek from anyone who comes upon this book and gains some benefit from it, that he associate me closely in his

devout supplications that Allah may benefit me by it in this world and in the Hereafter; and success is with Allah.”

These are my stated objectives in composing this commentary which I have named: Tawq’l-Lumà wa Itmaam’n-

Ni`ma Fee Sharh Àla Sawq’l-Umma Ila Ittiba` as-Sunna: (The Desire for Illumination and Completion of Blessings

Through A Commentary Upon the Mobilization of the Umma Towards Following the Sunna). I pray that Allah taàla

will allow me to realize my objectives and complete my intentions, since every action is based upon its objective and

the final goal of all ends are comprised within the objectives in their beginning.

As for my methodology in commenting on this blessed text, I have placed it in the footnotes of the book, with

the complete text subsumed in the commentary. Thus, it is what scholars call ‘a commingled commentary’ where the

expressions of the text of the book are combined with the commentary. I distinguished the text from the commentary by

my idiom: “The meaning of his words, may Allah bless him and grant him peace”; regarding the words of the

Messenger of Allah; or: “The meaning of his words, may Allah be pleased with him”; regarding the words of male

Companions; or: “The meaning of her words, may Allah be pleased with her”; regarding the words of female

Companions. I have placed in the commentary what I have extracted from the many commentaries upon the sound

prophetic traditions, like: the Fat’h ‘l-Baari of Imam Ibn Hajr al-Àsqalaani, the Sharh as-Saheeh’l-Bukhari of Imam Ibn

Bataal al-Maghribi al-Maliki, the Ùmdat’l-Qaari of Imam Mahmud ibn Ahmad al-Àyni, the Sharh As-Saheeh Muslim

of Imam Ibn Sharaf an-Nawwawi, the al-Ikmaal Fee Sharh Muslim of Qadi Ìyad ibn Musa al-Maliki, the Hashiya Àla

Sunan an-Nisaai’ of Imam Abu al-Hassan as-Sindi, the Àaridat ‘l-Ahwaadhi Fee Sharh at-Tirmidhi of the tradititionist

Ibn al-Àrabi al-Maliki, the al-Ùrf as-Shadhi Àla Jaami` ‘t-Tirmidhi of the reformer Ibn Ruslan al-Balqini, and other

than these from the commentaries. Along with that I have quoted from the books of jurisprudence from all the

madhaahib of the Imams of independent judgment because this was the methodology of the Shehu, may the mercy of

Allah be with him, in his foundational legal methodology, as it will be discussed. I have also taken reliance in legal

issues in most cases on the Ùmdat’l-Bayaan Fee Ùluum Allati Waajibat Àla ‘l-Àyaan of Shehu Uthman ibn Fuduye`,

his Mirat’t-Tullab and the Diya Ùluum ‘d-Deen of the erudite scholar of the Black Lands, Shaykh Abdullahi ibn

Fuduye`. Whenever I make a reference to the definition of words, in most cases I relied upon the reknown Lisaan’l-

Àrab of Ibn al-Mandhuur al-Ifriqi. Whenever I cited a Qur’anic verse, and desired to give its exegesis, I referred back

to the exegesis of the afore mentioned Shaykh Abdullahi ibn Fuduye` in his Diya at-Ta’weel Fee Ma`na at-Tanzeel.

Throughout my commentary I make reference to the books of Shehu Uthman ibn Fuduye`, his blood brother, Shaykh

Abdullahi ibn Fuduye`, and his son Sultan Muhammad Bello ibn Uthman ibn Fuduye`, may Allah taàla be merciful to

them. I follow this with citing the remainder of some of the books of the scholars from our Jamaàt because this is my

methodology and path in discernment of the sciences of the religion, as the Shehu, may Allah taàla be merciful to him

commanded us. After that, I have placed in this commentary what I took from my many teachers in sciences and baraka,

may Allah reward them with good, increase them in absolute certainty, guidance and secrets in this life and the Next.

Finally, in citing the narrators of the traditions, I endeavored to give a brief biography about them, citing their kunya,

names, and lineage along with a mention of some of their merits. My purpose in this is to infuse the commentary with

baraka and mercy because it has been transmitted that the mercy of Allah descends with the mentioning of the righteous;

and there has never existed a more righteous generation than those who kept the company of the Best of creation,

preserved his Sunnan and transmitted them to the succeeding generations, may Allah taàla be pleased with them.

As for the view of Shehu Uthman ibn Fuduye` regarding the differences of opinions of the scholars of Islam,

for in this sphere was situated the pivot of his methodology, because he was bound to the idea that the religion of Islam

was easy, and believed whole heartedly that all of the madhaahib of the scholars of independent judgment were correct

and constituted Paths leading to Paradise. His key evidence in that being the words of Allah taàla: “Allah desires ease

for you, and He does not desire hardships for you.” And by His words: “And He has not made the religion as a source

of difficulty for you.” The proofs for the Shehu, from the Sunna were two prophetic traditions related by al-Bukhari in

his Saheeh. They were the words of the Prophet, upon him be peace: “Verily the religion is easy. No one is overly strict

in the religion except that he is overcome. Therefore be broad, be as close as you can to what is perfect, and rejoice in

the good that is with you. And seek assistance from Allah with extra acts of worship in the early mornings, evenings and

with something in the last part of the night.” And his words upon him be peace: “Be facilitating and do not be difficult;

and give good news to others and do not alienate people.” The Shehu, may the mercy of Allah be with him said in his

Najm’l-Ikhwaan: “Abd’l-Aziz said in the ad-Durar’l-Multaqataat: ‘Apart of the generosity of Allah taàla is that the

scholars disagree. For when one is strict another is facilitating. For the religion of Allah is easy. The one whose

knowledge is strong and his gnosis is sound, then he is strict on himself but facilitating towards the people.’ Ruwaym

said: ‘Apart of the wisdom of a wise man is that he is broadminded when it comes to his companions in the matter of

legal judgments, but astringent upon himself in the same; for being broadminded comes from tracing the sources of

knowledge, while being astringent against oneself is apart of scrupulous piety.’ Shaykh Abu Is’haq as-Shatibi said: ‘The

foremost with me is that in every legal issue where the scholar of a particular madh’hab has two views; he should cause

the people to act in accordance with one of them, even when it is the least of them in prominence, so not to cause them

distress. This is even when in the pass they followed him in what was strict in the beginning and he himself continues to

behave this way. This is because if they attempt to take on a burden greater than that it will be the cause of confusion for

the common people and will open the door for disputation among them’. Abd’l-Wahaab as-Sha`raani said in his al-

Yawaaqeet: ‘I heard my master Ali al-Khawaas, may Allah be merciful to him say: Behave with all of your endeavors

in accordance with all of the views of the scholars. This is because acting in accordance with two views is better than

casting aside one of them. In this way you will rarely ever conflict with the teachings of the scholars. For whoever

arrives at the station of spiritual unveiling will find that none of the Imams of independent judgment have ever gone

outside of the Book and the Sunna in any of their teachings. He will innately perceive that all of their teachings are

actually beams from the rays of the light of the sharià. This is because all of them followed upon the tracks of the

Messengers. For this reason it is obligatory for you to have faith and accept the validity of what the scholars of

independent judgment extracted, even when these are in conflict with the madh’hab of your Imam’.” It is in accordance

with this meaning that the Shehu composed his books such as the Mirat’t-Tullab, the Ùmdat’l-Ùlama and this blessed

book that is in your hands.

The scholars and righteous during the time of the Shehu and those who came after him all agreed that the work

Sawq’l-Umma Ila Ittiba` as-Sunna is the most important of the above mentioned three books which proved that he had

attained the rank of independent judgment (mujtahid). The Sawq’l-Umma with regard to the prophetic traditions of the

Sunna, is a reference book for the schools of thought of the mujtahiduun in their independent judgments and legal

extractions. For the mujtahiduun did not have an opinion in the issues of worship or social transactions except that the

legal foundation of their views can be found in the sound prophetic traditions which the Shehu, may the mercy of Allah

be upon him recorded in this blessed book. One of my teachers once said to me: “The book Sawq’l-Umma with regard

to the individual obligations is similar to the al-Muwatta of Imam Malik ibn Anas, and is a reference for the Risaalat of

Ibn Abi Zayd or the al-Mukhtasar of Khalil ibn Is’haq.” This is because he established in it the soundest narrations from

the Lawgiver, may Allah bless him and grant him peace based upon the arrangement of these above mentioned books. It

is also a compendium of the prophetic traditions like the Buluugh’l-Maraam, the al-Ùmdat and the al-Muntaqa.

It must be understood that the Shehu was an Imam in the science of prophetic traditions, its jurisprudence,

legal rulings and disciplines. He received this science from the soundest of paths and from the highest paths of

transmission. He dove deeply into the science of commentary upon the prophetic traditions, the science of the

circumstances of the narrators of prophetic traditions, the science of abrogated prophetic traditions and those that

abrogate them, the sciences of the causative factors of the advent of the prophetic traditions and their times. He

possessed superb familiarity with the science of the interpolation of the words of the Prophet, may Allah bless him and

grant him peace, the science of the fabrication of prophetic traditions, the science of metaphors and indications within

the prophetic traditions, the science of peculiar expressions within the prophetic traditions as well as the profound

science of warding off repudiation of the prophetic traditions. Shaykh Abdullahi al-Katsinawi said in his Daa’iraat ‘s-

Shaykh that the Shehu, may Allah be merciful to him possessed chains of authorities in the narrations of al-Bukhari,

Muslims, Abu Dawud, at-Tirmidhi, an-Nisaai’, Ibn Maja, the Muwatta of Malik ibn Anas, the Musnad of as-Shafi`, the

Musnad of Abu Hanifa, the Musnad of Ahmad ibn Hanbal, the Musnad of ad-Daarimi, the Musnad of Abduh ibn

Humayd, the Musnad of al-Haarith, the Musnad of al-Bizaari, the Musnad of Abu Yaàla, the Musnad of al-Handhali,

the Musnad of at-Tirmidhi, the Musnad of al-Bizaazi, the Musnad of al-Baghdadi, the Musnad of Yahya, the Musnad of

Abd’r-Razaaq, the as-Shifa of Ìyad ibn Musa, the al-Mushaariq, the al-Musaabeeh, the al-Mishkaat, the as-Shimaa’il ‘l-

Muhammadiyya, the al-Jamee`’s-Sagheer, the Sunan of ad-Daraqutni, the Sunan of Abu Muslim, the Sunan of Abu

Saìd, the al-Musanif of Abu Shayba and others from the premiere books of prophetic narrations.

The people of the prophetic traditions and others from the people of knowledge agree that the best of these

books of prophetic traditions are the two sound collections of al-Bukhari and Muslims. Al-Qanuuji said in the Medinat

‘l-Ùluum: “The shaykhs of prophetic traditions from the early community agree that the soundest of the books after the

Book of Allah taàla is the Saheeh of al-Bukhari and the Saheeh of Muslim. The sounder of these two is the Saheeh of

al-Bukhari.” It is for this reason that the Shehu, may the mercy of Allah be upon him gathered in the Sawq’l-Umma the

issues of the Divine unity, jurisprudence and military struggle from these two sound collections. He may the mercy of

Allah be upon him said in the introduction to this text: “I have only cited in this book the traditions of the two authentic

collections (as-Saheehayn): al-Bukhari and Muslim due to the consensus of the Umma regarding their acceptability.”

What he is saying is what Imam an-Nawwawi said earlier in his commentary upon Muslim: “It is the agreement of the

scholars that the soundest of the books after the Noble Qur’an are the two Saheeh collections: the Saheeh of al-Bukhari

and the Saheeh of Muslim. Both are met from the Umma with acceptance. The book of al-Bukhari is considered the

sounder of the two and the most beneficial of them. Muslim himself was among those who took benefit from it,

although he was known that he had no equal in the science of prophetic traditions. It is the preponderant view of the

majority of the scholars that al-Bukhari is the most preferred of the two. The prerequisites of both collections is that

only prophetic traditions which were unanimous regarding their reliable transmission back to a known Companion were

related; in which their was no disagreement regarding their trustworthiness; and whose chains of authority were

contiguous and not cut off. If two Companions narrated two narratives of the same prophetic tradition or more then it

was considered good. Also if there was only a single narrative of the prophetic tradition, but if its path of transmission

was sound going back to that narrator, then they would relate it.”

For al-Bukhari and Muslim never related a prophetic tradition except if it contained no defect, thus there was

no doubt in advancing the soundness of the transmission of their collections before others. Al-Farabri transmitted on the

authority of al-Bukhari that he once said: “I never entered a prophetic tradition in the Saheeh except after making

istikhaara to Allah taàla and its soundness was thoroughly verified.” Likewise, Muslim said: “I used to show my book

to Abu Zarà, and each time he indicated that there was a defect in a prophetic tradition, I would discord it.” It is for this

reason that the Shehu only cited in this book from the two shaykhs, except in two issues. The Shehu, said: “Al-Bukhari

is considered more authentic than Muslim in the view held by the majority of the scholars (al-jamhuur).” This means

that the majority of the scholars agree on giving preference to the Saheeh of al-Bukhari over that of the Saheeh of

Muslim. However, it has been transmitted from some of the scholars of the Maghrib that they considered the Saheeh of

Muslim more superior; borne by the fact of its excellent context, the quality of its composition and arrangements. Thus,

whoever comprehends the prophetic traditions which the Shehu cited in the Sawq’l-Umma from the perspective of the

interpolation of the scholars will know that it is an extract from the beams of the light of the Lawgiver, may Allah bless

him and grant him peace. If the legal rulings surrounding the prophetic traditions cited in the Sawq’l-Umma are

understood, as well as their objective, jurisprudence and interpolations, Allah will illuminate his inner vision from the

spring from which the scholars, jurists and mujtahiduun drank.

The Shehu divided the Sawq’l-Umma into twelve books after its introduction, in which he cited 3 prophetic

traditions. They are: the Book of Belief in which he cited 15 prophetic traditions; the Book of Purification in which he

cited 21 prophetic traditions; the Book of Menstruation in which he cited 9 prophetic traditions; the Book of

Tayammamu in which he cited 7 prophetic traditions, the Book of Prayer in which he cited 60 prophetic traditions; the

Book of Jumaà in which he cited 7 prophetic traditions; the Book of Prayers of Fear, the Two Eid, Rain and Eclipse in

which he cited 17 prophetic traditions; the Book of the Deceased in which he cited 8 prophetic traditions; the Book of

Obligatory Alms in which he cited 8 prophetic traditions; the Book of Fasting in which he cited 10 prophetic traditions;

the Book of Pilgrimage in which he cited 29 prophetic traditions; and finally the Book of Jihaad in which he cited 38

prophetic traditions. The Shehu, may the mercy of Allah be upon him said: “The expressions from the narrations of al-

Bukhari are more prominent in this book than those of Muslim, even though both contribute to what is largely desired in

meaning.” He cited in these books 232 prophetic traditions: 207 from the Saheeh of al-Bukhari; and 23 from the Saheeh

of Muslim. Although he said that he only cited from the two Saheeh collections, however he made an exception in that

in two prophetic traditions. The first being what he narrated in the section on the superogatory prayers regarding the

four rakaàt performed before the àsr prayer, where he said: “I have not come across the evidence of four rakàts

before the àsr prayer in the two Saheeh collections. However it has been related by an-Nisaa’i from a tradition on Ali

ibn Abi Taalib, may Allah ennoble his face.” The second exception is what he narrated in the Book of the obligatory

alms where he said: “I have not come across the amount to be paid for cattle in the two Saheeh collections.” He then

cited a prophetic tradition regarding this from the narrations of at-Tirmidhi on the authority of Muàdh.

The Shehu, may the mercy of Allah be upon him also said: “I have the narration of al-Bukhari by direct

transmission (sama’an), unlike the narrations of Muslim, although I have license (ijaazat) to transmit it.” Thus he

received all of the prophetic traditions cited in this book either through direct transmission (samaaàn) or by license

from five scholars; the most important of them being his maternal and paternal uncle al-Hajj Muhammad ibn Raj ibn

Modibo ibn Hamm ibn Àal. Shaykh Abdullahi ibn Fuduye` said in his ‘Ida’n-Nusuukh: “He (the Shehu) learnt the

science of prophetic traditions (al-hadeeth) from our maternal and paternal uncle, al-Hajj Muhammad ibn Raj ibn

Modibo ibn Hamm ibn Àal, reading with him the entire Saheeh of al-Bukhari, while I listened. Then he gave us license

(al-ijaaza) to pass on all the narrations that he received from his shaykh, Abu’l-Hassan Ali al-Madini, whose origin was

from Sind.” He also said in his Tazyeen’l-Waraqaat: “I then returned to my country and discovered that Shehu Uthman

had already left traveling to al-Hajj Muhammad ibn Raj in order to study al-Bukhari, so I followed after him. When I

reached there I found that he had not yet begun the study, therefore we entered together in the reading of al-Bukhari. He

(al-Hajj Muhammad ibn Raj) recited it to us while we listened. This was in the year 1200 A.H. and Allah knows best.”

This is the meaning of the Shehu’s words: “I have the narration of al-Bukhari by direct transmission (sama’an).”

Shaykh Abdullahi ibn Fuduye` said in poetic verse in his Ìda’n-Nusuukh praising this blessed teacher:

“From my maternal uncle, al-Hajj ibn Raj, Muhammad

We listened to al-Bukhari’s Saheeh, the Perfumed.

And the remainder of the books of prophetic traditions he gave us license

By what he received on the authority of Ali in the city of Yathrib

The Shehu, may the mercy of Allah be upon him cited his chain of authority in the al-Jaami` as-Saheeh of

Bukhari in his Asaaneed’l-Faqeer where he said: “As for the al-Jaami` as-Saheeh of Abu Abdallah Muhammad ibn

Isma’il al-Bukhari, our shaykh, Abu Muhammad Muhammad ibn Raj ibn Modibo Dittu ibn Hamm ibn Àal ibn

Muhammad Jubbu ibn Muhammad Sanbu ibn Maasiran related to us by means of his entire recitation of it in the town

of Mornona in the year 1200 A.H (1786 C.E.) in the month of Rabi`’l-Awwal. He then again gave us license for it on the

authority of Abu’l-Hassan as-Sindi al-Medini by direct transmission through the reading of Abd’r-Rahim al-Mujaawir

in the Ribat of Qaraabisha in the Prophet’s Mosque from the chapter regarding the poem of the servant girl until the end

of the text. He then said: ‘Then I read it again with him from the beginning of the book until the above mentioned

chapter. He said: ‘Our teacher the above mentioned Muhammad al-Hayyat informed us in the Noble Mosque of the

Prophet, may Allah bless him and his Companions and grant them peace while the greater part of it was read to him and

I listened and the remainder he gave us license in it on the authority of Shaykh Abdullah ibn Salim al-Basri with his

license; on the authority of Shaykh Abu Abdullah Muhammad ibn Àla’d-Deen al-Balbali al-Misri, with his reciting of

part of it, his listening to the greater part of it and receiving license in the remainder; on the authority of Abu’n-Najaa

Salim ibn Muhammad ibn Ahmad ibn Ali al-Qeeti, with his reading of the entire text to him; on the authority of the

Shaykh’l-Islam Abu Yahya Zayn’d-Deen Zakariyya ibn Muhammad al-Ansaari, with his reading of the entire text; on

the authority of the traditionists of his age Shihab’d-Deen Abu’l-Fadl Ahmad ibn Ali ibn Hajr al-Àsqalani, with his

reading of the entire text; on the authority of the professor Ibrahim ibn Ahmad at-Tanuukhi, with his listening to the

entire text; on the authority of Abu’l-Abass Ahmad ibn Abi Talib al-Hijar, with his listening to the entire text; on the

authority of as-Siraj al-Husayn al-Mubarak az-Zabidi al-Hanbali, with his listening to the entire text; on the authority of

Abu’l-Waqt Abd’l-Awwal Isa ibn Shuàyb as-Sajzi al-Hawari; on the authority of Abu’l-Hassan Abd’r-Rahman ibn

Madhfar ibn Dawud ad-Dawuudi, with his listening to it; on the authority of Abu Muhammad Abdullah ibn Ahmad as-

Sarakhsi, with his listening to it; on the authority of Abu Abdallah Muhammad ibn Yusef ibn Matr ibn Salih al-Farabri,

with his listening to it; on the authority of the traditionist and Amir’l-Mu’mineen in the science of prophetic traditions

Abu Abdallah Muhammad ibn Ismaìl ibn Ibrahim ibn al-Mughira ibn Bardizba al-Bukhari al-Jaàfi.” The Shehu

received the license for the al-Jaami` as-Saheeh with the above mentioned chain of authority twice from Shaykh al-Hajj

Muhammad ibn Raj. He also received it from Shaykh Abu’l-Amana al-Hajj Jibril ibn Umar in seven distinct chains of

authorities, as well as from his son, Shaykh Abu’t-Tawfeeq Umar ibn Jibril ibn Umar, with the same chains of

authorities, except by way of the Judge Shaykh Ibrahim ibn Musa Ghabir al-Kunawi. Shaykh Abdullahi ibn Fuduye`,

may Allah be merciful to him cited this chain of authority to Shaykh Jibreel ibn Umar in his Diya ‘s-Sanad in an

abridged form by his words:

“Jibreel gave us license in it

The euridite pilgrim, the content, the noble-minded

On the authority of Murtada, who was al-Mizjaji

Muhammad, the one who precisely manifested the methodology

On the authority of Ibrahim, and him on the authority of al-Lahuuri

And him on the authority of Muhammad ar-Ridaa, the reknown

On the authority of his father, on the authority of Ahmad at-Taawuus

On the authority of Yusuf al-Maanuus, the one who lived an advanced age

On the authority of Ibn Shaadhabakhta al-Farghaani

On the authority of Ibn Shaahaan, who was known as al-Khutlaani

On the authority of al-Firabri on the authority of al-Bukhari

And he was the most elevated, the sole objective of the reciter.”

The Shehu also received license in the al-Jaami` as-Saheeh of al-Bukhari on the authority of Shaykh Abd’r-

Rahman ibn Shaykh Muhammad also by way of the Judge Shaykh Ibrahim ibn Musa Ghabir al-Kunawi. He also

received the same license from Shaykh Muhammad ibn Muhammad, who was known as Bu`tughu also from the Judge

Shaykh Ibrahim ibn Musa Ghabir al-Kunawi.

As for the chain of authority of the Shehu in the Saheeh of Imam Muslim, he also cited in his Asaaneed’l-

Faqir: “As for the Saheeh of Muslim ibn al-Hijaj whose lineage was from Qushayr and who resided in Naysabur; we

were given license in it by our teacher Abu Muhammad Muhammad ibn Raj [that is al-Hajj Muhammad ibn Raj ibn

Modibo Dittu ibn Hamm ibn ibn Àal ibn Muhammad Sanbu ibn Maasiran]. He received it from his teacher Abu’l-

Hassan as-Sindi through direct transmission from the reading of Abd’r-Rahman with the same chain of authority of al-

Bukhari up until the Shaykh’l-Islam Zakariyya ibn Muhammad al-Ansari, who received it from the traditionist Abu

Nuàym Ridwan ibn Muhammad al-Ùqba with his reading of the entire text to his teacher as-Sharf Abu’t-Tahir

Muhammad ibn Muhammad ibn Abd’-Lateef ibn al-Kuwayk; who received the entire text through direct transmission

with the reading of the traditionists Ibn Hajr in four assemblies, with the exception of the assembly of its completion.

He received it on the authority Abu’l-Faraj Abd’r-Rahman ibn Abd’l-Hadi al-Hanifi al-Muqdasi through direct

transmission the entire text from Abu’l-Àbass Ahmad ibn Abd’d-Daaìm an-Nabulusi. He received through direct

transmission of the entire text from al-Haram Abu Abdallah Muhammad ibn al-Fadl ibn Ahmad al-Farraawi; who said

Ahmad ibn Muhammad ibn Ìsa al-Juluudi informed us through direct transmission, saying; Ibrahim ibn Sufyan an-

Naysaburi informed us through direct transmission…He was Abu Is’haq, the ascetic worshipper who was well known

for the answering of his supplications; and was among those who kept the company of Muslim; who said: ‘Muslim

completed the reading of his book with us in the month of Ramadhan in the year 257 A.H’.” This is the meaning of the

Shehu’s words: “…unlike the narrations of Muslim, although I have license (ijaazat) to transmit it.” He also received

the license in the transmission of the text from Shaykh Abu’l-Amaana Jibril ibn Umar in four distinct chains of authority,

as well as from his son, Shaykh Abu’t-Tawfeeq Umar ibn Jibril ibn Umar, with the same chains of authority. Shaykh

Abdullahi ibn Fuduye` summarized this in his Diya ‘s-Sanad by his words:

“And on his authority from the sanad of Abd’l-Haqq

To Ahmad ibn Ahmad al-Faa’iq

On the authority of his teacher Muhammad ibn al-Khazariy

On the authority of Ahmad as-Suufi he received these narrations

On the authority of the daughter of Kindi on the authority of at-Tuusi

On the authority of al-Faraawiy, the spiritually pleasing youth

On the authority of his teacher Imam Abd’l-Ghaafir

On the authority of al-Khaluudi, the glorious Imam

On the authority of Ibn Sufyaan, the ascetic jurist

On the authority of Muslim, may he be ennobled from the Illustrious Creator.”

As for the chain of authority of the Shehu in the as-Sunnan’s-Sughra of the traditionist Abu Abd’r-Rahman

Ahmad ibn Shuàyb an-Nisaai’; he said in his Asaaneed’l-Faqeer: “As for our chain of authority in the narration of as-

Sunnan’s-Sughra which is also called al-Mujtaba; our teacher Abu Muhammad Muhammad ibn Raj informed us giving

us license on the authority of his teacher Abu’l-Hassan as-Sindi with the same chain of authority of al-Bukhari to

Shaykh’l-Islam Zakariyya ibn Muhammad al-Ansari. He received it on the authority of az-Zayn Ridwan ibn Muhammad

with his reading of the entire text to him; on the authority of al-Burhan Ibrahim ibn Muhammad at-Tanuukhi directly;

on the authority of Ab’l-Àbass ahmad ibn Talib al-Hijaar with his listening to it from Ab Talib Abd’l-Lateef ibn

Muhammad ibn Ali al-Qibti giving him license; on the authority of Abu Zarà Tahir ibn Muhammad ibn Tahir al-

Maqdasi through direct transmission of the entire text; on the authority of Abu Muhammad ibn Abd’r-Rahman ibn

Ahmad ad-Duni through direct transmission. He said: ‘al-Qadi Abu Nasr Ahmad ibn al-Hussayn al-Kisari informed us

saying: the traditionist Abu Bakr Ahmad ibn Muhammad ibn Is’haq ibn as-Sunni ad-Daynuri informed us saying: the

author, the traditionist Abu Abd’r-Rahman Ahmad ibn Shuàyb an-Nisaai’ informed us…’ The Shehu also received

license to transmit the as-Sunnan’s-Sughra from Shaykh Abu’l-Amaana Jibril ibn Umar and his noble son, Abu’t-

Tawfeeq Umar with their chains of authority going back to the author. Shaykh Abdullahi ibn Fuduye` said about this in

an abridged form in his Diya ‘s-Sanad:

“And on his authority from our sanad to Ibn Hajr

On the authority of the teacher Tanuukhi Ayyub al-Abar

And on his authority with the isnaad to Ibn al-Jazariy

On the authority of the grandson of the descendent of as-Saawmaìy al-Athari

And he on the authority of Abu as-Sabr on the authority of al-Iraqi

As well as on the authority of Abu Àmr, by unanimous agreement

And these two on the authority of the teacher the Imam as-Salaf

Transcribed o the authority of his teacher ad-Duuz al-Wafi

He on the authority of Abu Nasr, who was Alaynuuri

And he on the authority of Abu Bakr, the illustrious Imam

Who was known in context as Ibn as-Sunni

On the authority of an-Nasaai’, the Imam of the Art.”

As for the chains of authorities of the Shehu in the narration of the al-Jaami` al-Kabeer of at-Tirmidhi; he said

in the above mentioned book: “Our teacher Abu Muhammad Muhammad ibn Raj narrated it to us giving us license; on

the authority of Abu’l-Hassan as-Sindi al-Medini through direct transmission with the reading if Abd’r-Rahim. He in

turn said: ‘I read the entire text to Shaykh Muhammad Hayyat in the mosque of the Prophet, upon him be the best

blessings and most perfect peace. He received it from Shaykh Abdallah ibn Salaam with license to transmit it; on the

authority of Abu Abdallah al-Balbali through direct transmission with the reading of the erudite Ìsa ibn Muhammad al-

Maghribi on the authority of the illuminated Ali ibn Yayha az-Ziyaadi on the authority of as-Shihab Ahmad ibn

Muhammad ar-Ramli on the authority of az-Zayn Zakariyya on the authority of al-Ìzza Abd’r-Rahim ibn al-Furat

directly and with license to transmit it on the authority of Abu Hafs Umar ibn al-Hussayn al-Muraghi; on the authority

of al-Fakhr ibn an-Najari on the authority of Umar ibn Tabriz al-Baghdadi, who said: ‘Abu’t-Fatah Abd’l-Malik ibn

Abu Sahl al-Karukhi informed us saying: al-Qadi Abu Àamir Mahmud ibn al-Qasim al-Azidi narrated it to us in its

entirety, saying: Abu Muhammad Abd’l-Jabbar ibn Muhammad ibn Abdallah ibn Abu’l-Kharaaj al-Jiraahi al-Marwazi

informed us saying: Abu’lÀbass Muhammad ibn Mahbub al-Mahbubi al-Marwazi saying: the traditionist and proof

Abu Ìsa Muhammad ibn Ìsa ibn Surat at-Tirmidhi narrated and transmitted the entire text to us’.” The Shehu also

received the chain of authority and license to transmit the al-Jaami`’l-Kabeer fom his teacher Abu’l-Amaana Jibril ibn

Umar and his noble son Abu’t-Tawfeeq Umar ibn Jibril with the same chain of authority. This sanad to Shaykh Jibril

ibn Umar was summarized in the Diya ‘s-Sanad of Shaykh Abdullahi ibn Fuduye`, by his words:

“On his authority from our isnaad which is transcribed

To al-Àsqalaani on the authority of at-Tanuukhi

He on the authority of Abu Masuur al-Baghdadi

On the authority of Abd’l-Àziz, the master of accuracy

On the authority of al-Karuukhi on the authority of at-Taryaqi

On the authority of al-Khiraakhi as-Sabbaaq, the spiritually pleasing

On the authority of Ibn Mahmud on the authority of the Imam

At-Tirmidhi, the one who possessed the most exalted spiritual stations.”

It was from these chains of authority that the Shehu narrated the Sawq’l-Umma Ila Ittiba` as-Sunna. Some of

the scholars believe that the Shehu composed the text in the year 1208 A.H. [circa 1794 C.E.] during the period just

prior to composing his famous Ihya’s-Sunna wa Ikhmad’l-Bidà, because this was his habit in composing scholarly

works. In fact, all of the books of the Shehu, were spiritual overflowings which reflected the circumstances of his

spiritual states. As we mentioned earlier, it was during this period that Allah taàla supported him with overflowing

spiritual illuminations due to the baraka of constantly sending blessings upon the Prophet, may Allah bless him and

grant him peace. As a result Allah pulled him into His presence and he witnessed some of the amazing realities of the

unseen kingdom and realized some of the mysteries of the kingdom of power. Allah unveiled for him the Presence of

the Divine Acts, Names and Attributes. He witnessed the mysteries of the Divine Essence. He was allowed to look upon

the Guarded Tablet and unlock some of Its remarkable symbols. He became by the praise of Allah among the Protected

Friends of Allah taàla. He was allowed to drink from the cups of nearness to Allah, and was dressed in the adornment

of direct gnosis of Allah and His love. The Absolute Being crowned him with the crown of Divine assistance and

guidance, and made him worthy to invite people to Him and give guidance to the common as well as the spiritually elite.

For the Shehu never composed a text during this illuminating period of his life except that the people were in need of it

in their religious and worldly life. During this time, the Shehu encountered all types of disbelief, corruption, abominable

and atrocious customs which had pervaded the Bilad’s-Sudan, to the point that is was rare to find people whose faith in

Allah was sound or who worshipped Allah properly. It was rare to find a person who knew the science of Divine Unity,

performed the prayer, the obligatory alms, the fast and the remainder of the acts of worship properly. As a result, the

Shehu, may the mercy of Allah be upon him rose up in order to give sound advice to the servants regarding the religion

of Allah. He abolished destructive customs, destroyed satanic heretical innovations, and gave life to the Muhammadan

Sunna. He taught the people the individual obligations, pointed the way to Allah, and guided them towards obedience to

Him. He removed from them the darkness of ignorance and removed problematic issues from them. Thus, the Shehu

composed the Sawq’l-Umma as a cure for their sicknesses as he himself said in his Ihya’s-Sunna: “Realize that what

saved the Umma from discord was the Messenger of Allah, may Allah bless him and grant him peace, being among

them. And nothing will save them from its appearance after him except by means of the revival of his Sunna. Therefore,

the revival and adherence to his Sunna is obligatory upon you forever. And you should avoid heretical innovation

because all good is contained in adherence, while all evil is contained in heretical innovation.”

As a result the Shehu composed the Sawq’l-Umma in order to rally mankind and return them back to the orbit

of Divine Unity, the foundation of jurisprudence and the source of the Divine reality; which is the Sunna of the Prophet,

may Allah bless him and grant him peace. He said in his Tarweeh’l-Umma: “Abd’l-Wahaab as-Sha`raani said in his ad-

Durari ‘l-Manthuura Fi Bayaan Zubud ‘l-Ùluum al-Mash’huura: “Verily Allah has only made each of His servants

responsible for what the sharià has explicitly established. And what the worshipping human and the dedicated believer

means is that they behave in accordance with what is clear (sareehan) from the Book and the Sunna and not that which

is drawn out through legal extraction (laa istinbaatan). This is because every thing extracted through legal reasoning is

not apart of the infallible divine law (bi sharì ma`suum) of Allah taàla. These extractions are simply to bring ease to

His servants. It is for this reason that there have emerged differences in their legal extractions but not in the clear

unambiguous proofs. Allah taàla says: “If it was from other than Allah then you would find in It many differences.”

This means due to the diversities in their temperaments and make up. What is meant by the knowledge of Allah is that

which Allah taàla has clearly enacted as law, since this is the knowledge which the servant will be questioned about in

the Hereafter. In all of this, there is no harm nor is their any difficulty for anyone acquiring it, since it comprises simply

performing so-and-so and avoiding so-and-so. Nothing hampers the least of the common people from understanding this,

which is contrary to what has been enacted by the scholars of independent judgment (al-mujtahiduun) from among the

imams. For no one will be questioned about these issues in the Hereafter. Further in them are many difficulties and

hardships and requires the expanse of a lifetime and the suspension of causative factors in achieving this level of

knowledge as is well known.” He also said in the same text: “It also mentions in the ar-Risaalat ‘l-Mubaarak: “Among

the matters that cause the jurist to become exhausted during their juristic decisions is their being preoccupied with

understanding the compounded ideas of one another, their pronouncements and considerations until they eventually

exceed the infallible true sharià and forsake comprehension of its pure secrets. For this reason, if they were to abandon

all of the ideas other than that of the Messenger of Allah, may Allah bless him and grant him peace and neglected to act

with anything regarding them, then there would be no harm upon them in this world or the Hereafter. For all of the

teachings of the scholars are not free of three conditions: [1] either it conforms clearly to the narrated Sunna. In this case

the favor is with the Sunna and the scholar of independent judgment is like one who narrates it. [2] Either it clearly

contradicts the Sunna. In that case it should be abandoned and one should act in accordance with the Sunna. Finally, [3]

either it is not apparent whether it conforms or not, or whether it contradicts it, then the best condition is to cease acting

by it and neglecting it, except when it leans to that which is encompassed by the religion. Like, for example the ideas of

the prohibition of the use of hashish and the remaining things that seizes the mind but does not intoxicate. Thus, acting

in accordance with this in that case is superior in weight (arjah), even though the sharià has not clearly enacted that.”

For this reason the Shehu, composed the Sawq’l-Umma Ila Ittiba`’s-Sunna, initially so that it can be a source text and a

reference for the jurists in their independent judgment and legal extractions; secondly that the one middling in

knowledge may know with certainty that the differences among the jurists are indeed a mercy, because their

disagreements return back to the teachings of the one who is “a mercy to all the worlds”, our master Muhammad, may

Allah bless him and grant him peace; and thirdly that it can act as a fundamental text for the common Muslim in their

doctrine of beliefs and worship.

The merits of the Sawq’l-Umma Ila Ittiba`’s-Sunna are innumerous and immense because it is a support with

regard to clarifying the boundaries of the science of Divine Unity (tawheed) and belief; it is a proof regarding the

explanation of the legal rulings of the individual obligations; it is a reference book for the jurists, and more importantly

it is a drinking place for the people of the prophetic traditions, who are the People of Allah taàla, the People of

certainty. They are more knowledgeable of the religion of Islam than others, as it has been narrated by at-Tirmidhi and

Ibn Hibban on the authority of Ibn Abass who said that the Prophet, may Allah bless him and grant him peace said: “O

Allah be merciful to my vicegerents.” We said: “O Messenger of Allah who are your vicegerents?” He said: “Those

who narrate my prophetic traditions and teach them to the people.” In another narration: “Those who give life to my

Sunna and teach it to the people. Whoever gives life to my Sunna, has given life to me. Whoever gives life to me, will

be with me in Paradise.” Thus, whoever studies the Sawq’l-Umma and comprehends everything in it from its prophetic

traditions, its legal rulings and teaches it to the people, will be included among the Vicegerents of the Prophet, may

Allah bless him and grant him peace from the people of prophetic traditions, may the mercy of Allah be upon them.

Among the merits of the Sawq’l-Umma also is that it includes its author, those who study it, peruse it,

transcribe it and urge others to it among the people about whom the Messenger of Allah, may Allah bless him and grant

him peace said that they will be the nearest to him and those most deserving of his intercession; as it was related by at-

Tirmidhi and Ibn Maja on the authority of Ibn Masùd: “The foremost of the people with me on the Day of Judgment

will be those who sent the most blessings upon me.” Ad-Daaruqutni said regarding the meaning of this prophetic

tradition: “It is the companions of the prophetic traditions who are the people who send the most blessings upon him.”

This is because when one of them narrates a prophetic tradition from the Prophet, may Allah bless him and grant him

peace, it is necessary that he also sends blessings upon him when his name is mentioned in that prophetic tradition. And

when he sends blessings upon him once Allah then sends blessings upon him ten times, wipes out ten errors, and raises

him ten spiritual degrees, as it has been narrated in the prophetic traditions. These are his merits when he studies or

recites a single prophetic tradition. So how is his circumstance when he studies or recites 232 prophetic traditions in

which the name of our master Muhammad, may Allah bless him and grant him peace is mentioned, and what is in them

of the sciences which it is obligatory for every responsible person to know? This is his circumstance when a man studies

or recites the Sawq’l-Umma by himself. It has been related by al-Bizaar on the authority of Abu Hurayra who said that

the Prophet, may Allah bless him and grant him peace said: “Whoever send blessings upon me in the secret recesses of

his soul, Allah will send ten blessings upon him, wipe out ten evils and raise him ten spiritual ranks.” From this we

know that the meaning of the words of ad-Daaruqutni: “It is the companions of the prophetic traditions who are the

people who send the most blessings upon him”; that the reward for the one who sends blessings upon the Prophet, may

Allah bless him and grant him peace during the narration of the prophetic traditions is more superior to the reward of the

one who sends blessings upon him outside of it, because his sending blessings is augmented with the reward of seeking

knowledge and giving life to the Sunna. If this is his reward when he studies or reads the Sawq’l-Umma by himself,

then how will his reward be if he studies and reads the Sawq’l-Umma in the assemblies of knowledge with the Jamaàt?

For the least of his reward is augmented with the reward of all those in the assembly from humans and jinn, and Allah

knows best.

For the merits of the Sawq’l-Umma Ila Ittiba`’s-Sunna are innumerous because it enters its author, those who

study it, peruse it, transcribe it or urge others to it among the group of the people of prophetic traditions who are the

People of Allah taàla and His Protected Friends the Budalaa. It has been related by Shaykh Abu’l-Fat’h Nasr ibn

Ibrahim al-Maqdasi in his Kitab’l-Hujja Àla Taarik’l-Muhja with his chain of authority going back to Ahmad ibn

Hanbal that it was once said to him: “Does Allah really have abdal upon the earth?” He replied: “Yes.” It was then said:

“Who are they?” He said: “If the people of prophetic traditions are not the abdal, then I do not know that Allah has

abdal!” For the people of the prophetic traditions are the notable Awliyya of Allah by whom Allah taàla raises affliction

and hardships from His earth. It is to this that the Shehu indicated in one of his poems that adherence to the Sunna was

his spiritual Path and his litany wird:

Sunna giduyamu kanku kuuru yaymi * Kanku bitayma kanku beeridi yaymi

It means: “It is the Sunna that I truly love. It is the orbit of my preoccupation. It is the theme of all my

preachings and it has become my spiritual litany.” For whoever desires to gather the doctrine of belief of the Shehu, his

legal school of thought and his spiritual Path and journey to Allah in a single idea, he should refer back to the above

poetic verse. For then he will be acquainted with objective of the Shehu may Allah be merciful to him in authoring the

Sawq’l-Umma Ila Ittibaa` as-Sunna. It is undisputable refutation in these times against some of those in academia who

claim that it is not necessary to adhere to the Living Sunna in all affairs. It is repudiation against those who deny the

veracity of the madhaahib of the Imams. It is denial of those who blindly adhere to a single madh’hab as if the other

schools of thought were paths leading to error. It is a clarification that the real and authentic spiritual Path to Allah

taàla and His gnosis is through forcing the nafs to adhere to Living Sunna inwardly and outwardly; and that the actual

Guide and the Shaykh of all the Shuyuukh on the Path to Allah taàla is our master Muhammad, upon him and his pure

family be the best blessings and most perfect peace. This Absolute Spiritual Guide on the Path to Allah taàla cannot be

reached except through the sacrificing of the nafs and the reviving of Muhammadan Sunna in its place; as he upon him

be blessings and peace said: “Whoever revives my Sunna has given life to me. Whoever gives life to me will be with me

in Paradise.” And by his words upon him be blessings and peace: “The mercy of Allah is upon my vicegerents.” It was

said: “What are your vicegerents?” He said: “Those who give life to my Sunna and teach it to the people. Whoever

gives life to my Sunna has given life to me. Whoever gives life to me will be with me in Paradise.” In another narration:

“O Allah be merciful to my vicegerents.” We said: “O Messenger of Allah who are your vicegerents?” He said: “Those

who narrate my prophetic traditions and teach them to the people.” All this means is that the scholars of the Sunna, may

Allah be pleased with them are the People of Allah on His earth, for no one knows Allah as he should be known except

them. There is no door which is opened to direct knowledge of Allah except their door. It has been related in the

Tarteeb’l-Mudaarik of Qadi Ìyaad: “Once a man asked Malik about a matter from the science of the inward, and he

became angry and said: ‘The science of the inward, no one knows it except the one who knows the science of the

outward. For whenever one knows the science of the outward and acts in accordance with it, then by that Allah will

open for him the science of the inward; and that cannot happen except with the opening of his heart and its illumination’.

He then said to the man: ‘Obligatory upon you is the plain and clear religion, and beware of false constructs of the

spiritual path. Obligatory upon you is that which you know, and leave alone that which you do not know’.” There is no

way to the inward of affairs except through their outward, and no one can realize the divine realities except from the

direction of knowledge of the sharià, which is the science of the outward. For no one is more knowledgeable of the

science of the outward than those who revive the Sunna, teach it to the people and transmit its prophetic traditions. This

is because they have become the Companions of the Prophet, may Allah bless him and grant him peace by means of

their very breadths.

Corroborating this view the Shehu, may Allah be merciful to him said in his Asaaneed’l-Faqeer: “Al-Haafidh

at-Tirmidhi once said: “Oh one who is critical of me due to my preoccupation with the prophetic traditions; the people

of the prophetic traditions have superseded everyone since they have a special relationship with the Chosen One. The

people of the prophetic traditions are the people of the Prophet, may Allah bless him and grant him peace. Even though

their breadths have never mingled with his breadths yet they have attained companionship with him.” Ibrahim ibn

Adham once said: “Verily Allah wards off affliction from this Umma by means of the excursions of the people of the

prophetic traditions.” Whenever one of the notable Imams saw the people of prophetic traditions he would recite the

following poetic verse:

“Welcome to those whom I love dearly

For Allah the Possessor of sublimity I love them most

Welcome to a righteous people the fearfully aware

Dazzling faces and the beautification of every noble assembly

O seeker after the knowledge of the Prophet Muhammad

There is no similarity between you and those beside you.”

The traditionist Abu Tahir as-Salafi once said regarding the people of prophetic traditions:

“The religion of the Prophet and his law which is narrated

And the most sublime knowledge which results from his traditions

Whoever is preoccupied with it and with disseminating it

Among creatures, then his influence and traces will never be wiped away.”

It has been related on the authority of Ibn Abd’l-Barr with his chain of authority going back to Abdallah ibn Imam

Ahmad ibn Hanbal on the authority of his father who used to say in poetic verse:

“The religion of the Prophet Muhammad has its traditions

The best of what is bestowed to the young knight is narrated traditions

The science of prophetic traditions and its people cannot be reckoned

For mere opinion is like night and the prophetic traditions are like the day

Perhaps the young knight may be ignorant of the paths of guidance

While the Sun has appeared plainly giving off bright illuminations.”

It is from these above superb sayings that we are able to understand the merits and baraka of the Sawq’l-

Umma Ila Ittiba`’s-Sunna of Shehu Uthman ibn Fuduye`, may the mercy of Allah be upon him. This is because both the

common people and the spiritually elite are able to be included in the meaning of the words of the Prophet, may Allah

bless him and grant him peace as it was narrated in the prophetic tradition of Usama ibn Zayd, may Allah be pleased

with him: “Those who carry this knowledge is a barrier against every person who acts contrary in his deviations. They

negate the warped misconceptions of the deviants, the plagiarism of the charlatans; and the false interpolations of the

ignorant.” And in another narration on the authority of Ibrahim ibn Abd’r-Rahman al-`Idhari: “This knowledge is

inherited by every person who wards off those who act contrary in his deviations, who negates the warped

misconceptions of the deviants, the plagiarism of the charlatans and the false interpolations of the ignorant.”

Regarding the merits of the people of prophetic tradition and by extension the merits of the Sawq’l-Umma,

Shaykh Abdullahi ibn Fuduye` said in his Siraj’l-Bukhari:

“All praises are due to Allah who has chosen

For His illumination the servants of the prophetic traditions of the Chosen One

They are his vicegerents who deliver

From him to the Umma which has been transmitted

The people of his blessings, they are those who ward off

By means of knowledge, thus were they named by the Messenger

They negate the misconceptions of the deviants from him

They possess luminosity based upon the supplication from him

Which include knowledge of the verses which have legal rulings

And an established Sunna which is continuous and persistent

And straight forward obligation and other than these

Spiritual Bounties taken on the authority of the Messenger

May Allah bless him as long as the religion of Islam

Is exalted over all other religions, and give him peace.”

These words of Shaykh Abdullahi ibn Fuduye` are invaluable because they clarify the superiority of the people

of prophetic traditions and firmly establish the baraka comprised within this book, the Sawq’l-Umma Ila Ittiba`’s-Sunna

of my master Shehu Uthman ibn Fuduye`, may the mercy of Allah be upon him. Furthermore, in the mere reciting and

study of the Sawq’l-Umma contains much baraka, because the Shehu placed in it an answered supplication which is

guaranteed by his words: “I ask Allah, the Mighty Lord of the Tremendous Throne, that He make this work purely for

His Generous sake and that He make it a proof for us and not against us; may He send down upon us His blessings on

the Day of Standing before Him and at the time when mankind decomposes in their tombs; may He by means of this

book benefit all that read it, explain it to others, write it down or incite others to it. Lastly, I seek from anyone who

comes upon this book and gains some benefit from it, that he associate me closely in his devout supplications that Allah

may benefit me by it in this world and in the Hereafter; and success is with Allah.” Thus, when we examine the sound

prophetic traditions which have been cited in the text and what they comprise of the legal rulings of worship, doctrine of

beliefs and social behavior, by means of these it necessitates the realization of complete illumination, Vicegerency,

deliverance of the message, uprightness, and the supplication of the Prophet, may Allah bless him and grant him peace.

This is because he, upon him be peace said on the day of the Farewell Pilgrimage as related in many unbroken narrated

prophetic traditions: “Allah will cause to flourish the affair of the one who hears a prophetic tradition from me,

memorizes it until he delivers it to another. For perhaps, a person delivers a jurisprudential issue to one who is more

jurisprudential than himself, and perhaps the carrier of a jurisprudential issue is not actually a jurist”; as related by at-

Tirmidhi on the authority of Zayd ibn Thabit. In another narration on the authority of Anas ibn Malik he, upon him be

peace said: “Allah will cause to flourish, the one who listens to my words, and do not add anything to it. Three things

will never cause a fellow Muslim to go astray: sincerity of actions for Allah, giving sound advice to those who possess

authority and keeping to the Jamaàt of the Muslims; for their supplications encompass beyond themselves.” Primarily,

in each of the above two narrations is the good news for the people of prophetic traditions that they have obtained the

supplications of the Prophet, may Allah bless him and grant him peace. The meaning of ‘flourish’ (nadaara) in these

narrations means excellence and splendor. What is meant is that Allah taàla distinguishes him with magnificence and

jubilation because he endeavors in the radiance of knowledge and reviving the Sunna. For he is rewarded in his

supplications by what is connected to his circumstances in actions, based upon the meaning of his words, upon him be

peace: “their supplications encompass beyond themselves.” This actually means that their supplications are proficient

and encompasses them from every direction, which means their supplications are answered by means of the bounty of

being preoccupied with the prophetic traditions of the Prophet, may Allah bless him and grant him peace. Further, in the

Sawq’l-Umma is a third of knowledge because it contains in it the established Sunna. The Messenger of Allah, may

Allah bless him and grant him peace said as related in the narration of Abu Dawud, and Ibn Maja on the authority of

Abdallah ibn Umar and Ibn al-Àas: “Knowledge are three kinds: a verse of legal rulings; an established Sunna or a

confirmed obligation. What is beyond these is superfluous.” In another narration of al-Hakim he upon him be blessings

and peace said: “Knowledge are three kinds and what is outside of these is superfluous: a verse of legal rulings; an

established Sunna or a confirmed obligation.”

It has been related by Abu Nuàym ad-Daylami that he upon him be blessings and peace said: “Whoever holds

to my prophetic traditions, understands them, and memorizes them, will come on the Day of Judgment with the Qur’an.

Whoever neglects the Qur’an and my prophetic traditions has forfeited this life and the Hereafter. My Umma has been

commanded to take hold of my words, to obey my commands and follow my Sunna. Whoever does so is then content

with the Qur’an.” Ibn Ùyayna said: “There is no one from among the people of prophetic traditions except that his face

will be radiant as a result of this prophetic tradition.” All of this indicates the bounties and merits comprised in the book

Sawq’l-Umma Ila Ittiba`’s-Sunna.

The universal advantage which this blessed text has for the entire Muslim Umma is obvious for anyone whom

Allah taàla has illuminated his heart with spiritual insight. However, another important advantage which this text has

particularly for the millions of descendents of enslaved African Muslims in the west kidnapped and dislocated from

their Islamic homeland, is that it constitutes a means of reconnection with the Ways of our Fathers and is a fulfillment

of the Divine Prophecy from our father Abraham that we would be returned to the righteous customs of our ancestors.

The Sawq’l-Umma Ila Ittiba` ‘s-Sunna is a means by which the African Muslim can revitalize his religion through the

eyes of his own fathers with a unadulterated line back to the Living Sunna of the Prophet, may Allah bless him and

grant him peace. It is the most miraculous rediscovery that the African Muslim communities in the Diaspora of the west

can experience. In this respect the Shehu, may Allah be merciful to him said in his last testament to the Jamaàt called

al-Wasiyya: “I am but a leader of his people who guides them towards what is virtuous in their affairs, and inviting them to the religion of

Allah; seeking by means of that His forgiveness, His mercy and desiring by that His pleasure; following the ways of my fathers and imitating the traces of my grandfathers who have passed. This is because our ancestors were the people of

uprightness, guidance, learning, and struggle in the Way of Allah against the enemies of the religion; in order to make it

wide and to deliver it. I am doing this following the command of the Prophet and answering his call when he said, may Allah bless him and grant him peace: “Deliver the message from me even if is just a single verse…This is our inheritance and the

inheritance of our grandfathers. We are upon that mission without being kings and rulers who practice oppression and

injustice. And those who follow me in that then they are from me, and if not, then not! So that all those who love me from the brothers, the descendents and loved ones, rather all those who follow my commands and are content with my teachings

and have answered my call – may know that …it is necessary and obligatory for every reasonable believer to follow the

traces of their believing ancestors, to follow the Way of their righteous grandfathers and imitate them. For this reason, I have chosen to imitate my grandfathers in adhering to the Sunna strongly so that I can be a guide to what is good like they were.

For the one who guides to what is good is like the one who does that same good and will attain the reward of those who act

on it”

It is in this regard, that for the descendents of the enslaved African Muslims in the western hemisphere, the

Sawq’l-Umma is an unequivocal answer to what Dr. Sherman Jackson accurately defined as the ‘threat of double-

consciousness’ and resolves in one swoop the question of self definition, identity construct and the internationally

recognized right of self determination; while at the same time it unites us under the banner of the Living Sunna along

with the rest of this blessed Umma of Muhammad, may Allah be merciful to us and all of them. These advantages are

consequential to the principle of establishing the Sunna. For political victory, economic sufficiency and social

prominence are the by products of revitalizing and following the Sunna. In this regard Allah taàla says: “We desired to

favor those who were oppressed in the earth, to make them leaders, to make them inheritors and to establish them firm

in the earth, in order to show Pharoah, Hamaan and his forces from among the collaborators what they feared most.”

This principle cannot be over emphasized due to its important relationship with the issue of universal social

transformation and the eventual overturning of the present dominant culture by the immense events of the End of Time.

Finally, there are 232 prophetic traditions narrated in this blessed book which firmly establish the knowledge

of Divine Unity (ìlm ‘t-tawheed) and the sciences of social behavior (ùluum’l-muàamilaat). And in these prophetic

traditions lay the foundations and fundamental principles of the schools of thought of the scholars of independent

judgment. It is for this reason that some of the scholars have said that this blessed book is a proof that Shehu Uthman in

Fuduye`, may the mercy of Allah be upon him attained the rank of mujtahid and reformer in the sciences of the religion

which comprise the sciences of Imaan, Islaam and Ihsaan. We at the Sankore` Institute of Islamic-African Studies

International present the Sawq’l-Umma Ila Ittiba`’s-Sunna in order that you may rectify your doctrine of beliefs, firmly

establish your worship and realize your gnosis of your Lord around the Pole of Existence, our master Muhammad, upon

him from Allah be the best blessings and most perfect peace, and all praises are due to Allah the Lord of the worlds.

Shaykh Muhammad Shareef bin Farid Shareef

Thursday, 19th

Muharram, 1430 [15- 01-2009]

Zunyi, People’s Republic of China

This is folio 1 from the manuscript Sawq’l-Umma Ila Ittiba`’s-Sunna of Shehu Uthman ibn Fuduye`, which I digitized from the library of Sultan al-

Hajj Abu Bakr ibn Muhammad Tahir in the town of Maiurno, Sennar, Sudan.

Sawq al-Umma Ila Ittiba` ‘s-Sunna

with its commentary

In the name of Allah the Beneficent the Merciful,1 may Allah send blessings and peace upon

our master Muhammad and upon his family and Companions and give them much peace.2

1 In the name of Allah the Beneficent the Merciful; it is what Allah has willed and there is no power nor might besides

Allah the Exalted the Mighty, and may Allah bless our master Muhammad, whose light preceded the creation and

whose appearance is a mercy to all the worlds; to the number of all things that have passed from Allah’s creation and to

the number of all those things that persists; to the number of those blessed and those wretched; with a blessing which

engulfs all enumeration and encompasses all limits; with a blessing which has no threshold, end or termination; with a

blessing which is eternal with the eternity of Allah and persists with His continuity; and upon his family and

Companions and give them much peace. Says the one prone to errors due to the abundance of his ignorance and

unrelenting ungrammatical tongue, whose hopes have been shattered due to the deficiency of his actions and erroneous

fearful awareness; who has become pathetic due to the repugnance of his bad deeds and sinful conduct; the most

destitute of the servants in dire need of his Independent and Praiseworthy Lord – Abu Alfa Umar Muhammad Shareef

bin Farid one of the once lost from the descendents of our benevolent father Ibrahim; and then found by the blessings of

our master Muhammad upon both of them be the best blessings and most perfect peace. This is an annotation composed

as footnotes upon the: Sawq’l-Umma Ila Ittiba` as-Sunna of my spiritual master, my doctrine of belief, my lamp, my

support, my spiritual path, my guide and proof, the reviver of the Sunna, the knower of Allah, the nucleus of the

spiritual poles, the Imam of the Awliyya, the light of the age, the renewer of the religion, the Sword of Truth, Amir’l-

Mu’mineen Shehu Uthman ibn Muhammad ibn Uthman, known as Dan Fuduye`, may Allah taàla engulf him in his

mercy Amen. Throughout this annotation I will henceforth refer to him as ‘the Shehu’. I have composed this

commentary in order to make manifest what I have extracted from the secrets of this revered book as well as the

spiritual openings embodied in adherence to the Muhammadan Sunna in order to disseminate its sublime blessings and

overflowing advantages. I have named it: The Desire for Illumination and Completion of Blessings Through A

Commentary Upon the Mobilization of the Umma Towards Following the Sunna. I ask Allah taàla that He make it

purely for His Generous sake. He is enough for me and He is the Best of Guardians. I say and with Allah is my support:

the Shehu may Allah be merciful to him said in the beginning: “In the name of Allah the Beneficent the Merciful.” This

is the well known basmalla which comprises the Most Immense Name of Allah, which if called upon by It is answered

and if asked by means of It is given and in which is gathered the sciences of the first and the last. Wazir Abd’l-Qaadir

ibn Gidadu, the government advisor said in Bast al-Fawaa’id wa Taqreeb al-Maqaasid: “Our master the learned Abu’l-

Abass Ahmad ibn Abd’l-Àziz said in his commentary upon the Mukhtasar: ‘The reason that texts are initiated with the

basmalla is in imitation of the Wise Qur’an, the Sunna of the Generous Prophet, may Allah bless him and grant him

peace, imitating what was related from him upon him be blessings and peace in the best of the narratives, and in

conformity with the actions of the best of the spiritual masters and the informed examples. As for the Qur’an it begins

in its expression and transcription with the basmalla in the Faatiha and all of Qur’anic chapters. As for the Sunna it is

well known in the prophetic traditions that he may Allah bless him and grant him peace began all of his

correspondences with the basmalla ’.” He, upon him be blessings and peace ordered us to recite it in the beginning of all

our affairs as it has been related by Abd’l-Qadir ar-Rawahi in his al-Arbaèen on the authority of Abu Hurayra: “Every

affair of importance which is not begun with the name of Allah is severed.” In another narration: “…it is cut off.” And

in another: “…it is dissolved.” The views regarding the basmalla are an unfathomable sea whose limit cannot be

attained and whose end cannot be reached. The scholars have stipulated that whoever desires to study knowledge, it is

necessary to understand the objectives connected to the knowledge of the basmalla. For the merits of the basmalla are

innumerable. For those who desire to know some of its merits should peruse the Qira’l-Ahibaa of the knower of Allah

Shaykh Muhammad Tukur ibn Muhammad and the Bast’l-Fawa’id of the above mentioned government minister Waziri

Abd’l-Qadir ibn Gidadu. 2 The Shehu may Allah be merciful to him said: “may Allah send blessings and peace upon our master Muhammad and

upon his family and Companions and give them much peace” imitating his words, may Allah bless him and grant him

peace as it was related by at-Tabarani in his al-Awsat on the authority of Abu Hurayra: “Whoever send blessings upon

me in a book there will always remain an Angel seeking forgiveness for him as long as my name is in that book.” For

the original meaning of sending blessings is making supplication as a specific act of worship based upon the dynamics

of those sending blessings. This prophetic tradition means that whoever writes the sending of blessings upon the

Prophet, may Allah bless him and grant him peace in his composed book or letter, that there will always remain an

Angel making supplication for his forgiveness for the duration that the name of the Prophet, may Allah bless him and

grant him peace remains in that book or letter. Regarding this also is what he upon him be blessings and peace said:

“Whoever sends blessings upon me in a book, then there will be good fortune for what is in it.” Some of the latter

Maliki scholars uphold the view that those addressed in its meaning are those who write the sending of blessings upon

Says the poor slave in need of the mercy of his Lord – Uthman ibn Muhammad ibn

Uthman – known as Dan Fuduye`; (may Allah engulf him in His mercy, Amen.)3

him in their book or letter; or it means those who recite the actual blessings which is already recorded in a book or

letter. This latter interpolation is broader and inspires more hope, while the former interpolation is more apparent and

stronger. This is what is intended here by the saying: ‘may Allah bless him and grant him peace.’ Some of the scholars

have said that the meaning of sending blessings upon him may Allah bless him and grant him peace in a book is writing

it accompanied with articulating it in order to obtain by that the reward mentioned in the aforementioned prophetic

traditions. Shaykh Shihab’d-Deen Ahmad al-Khafaji said in his Naseem ‘r-Riyaad: “One of the traditionist once said: ‘I

used to transcribe the sending of blessings only, and then I saw the Prophet, may Allah bless him and grant him peace in

a dream and he said to me: ‘Will you not perfect the sending of blessings upon me in your book?’ Thereafter, I never

transcribed it without also verbally sending blessings and peace upon him.” The author, may Allah be merciful to him

mentioned the sending of blessings upon the Prophet, may Allah bless him and grant him peace in this blessed book 225

times. For this reason I have made it a litany which I recite at the beginning of studying it and at its completion. 3 The meaning of the statement of the Shehu, may Allah be merciful to him: “Says the poor slave in need of the mercy

of his Lord” is giving recognition to his complete absence of ability in every respect in his essence and non essential

qualities. Allah taàla says: “O mankind you are impoverished and Allah is the Independently Rich the Praiseworthy.”

Shaykh al-Hatimi said: “The impoverished one is he who is in need of everything and nothing is in need of him. In the

opinion of the realized ones the impoverished one is the pure absolute slave, whose state in the reality of his existence is

the same as his state in the reality of his non-existence.” Shaykh Ibn al-Hajj said regarding the impoverished one: “He is

the one who has left worldly affairs behind him and has turned towards his Hereafter in preoccupation with his Lord;

and has embarked upon the correction of his soul and purifying it of ‘otherness’. For each heart in which there resides

other than Allah is in the realm of abandonment and dejection. And in each heart in which nothing resides besides Him,

glory be to Him the Exalted there occurs spiritual openings, Self manifestations and intimate converse in his secret in

congruence with the strength of his spiritual state.” The Wali Abu Yazid al-Bustami, may Allah be merciful to him said:

“The Absolute Being once said to me: ‘Draw near to Me with that which is not Mine: humiliation and

impoverishment’.” Shaykh Ahmad ibn Àjiba, may Allah be pleased with him said: “As for the truly dependent and

impoverished he is deficient of everything except Allah. He has rejected everything which preoccupies him from Allah.

It is for this reason that the masters of this station say: ‘The truly impoverished one is he who does not control nor is he

controlled.’ This means that he does not own any created thing and no created thing owns him. The prerequisites of the

person of this station are four: [1] elevated spiritual purpose; [2] excellent service; [3] extolling that which is sacred; and

[4] piercing determination.” The meaning of the words of the Shehu may Allah be merciful to him: “Uthman ibn

Muhammad ibn Uthman known as Dan Fuduye`, is that he was Amir’l-Mu’mineen, Abu Muhammad Sa`d, Uthman ibn

Muhammad ibn Uthman ibn Saalih ibn Haarun ibn Muhammad Ghurdu ibn Muhammad Jubba ibn Muhammad Sanbu

ibn Maysiran ibn Ayyub ibn Buba Baba ibn Abu Bakr ibn Musa Jokolli ibn Imam Dambube` at-Turuude' al-Fulati as-

Sudani, the Renewer. He was known in the language of Hausa as ‘Dan Fodio’. The meaning of “dan’ in the Hausa

language is the ‘son of’. The meaning of ‘fuduye` in the language of Fulbe` is ‘the jurist’, which means that his father,

Muhammad was a majestic scholar famous for his learning and fearful awareness. As for the mother of the Shehu, she

was Hawwa bint Sayyidat Fatima bint Muhammad as-Shareef ibn Abd’s-Samad ibn Ahmad as-Shareef ibn Ali al-

Yanbui` ibn Abd’’r-Razaaq ibn as-Saalih ibn al-Mubaarik ibn Ahmad ibn Abu’l-Hassan Ali as-Shadhili ibn Abdallah

ibn Abd’l-Baar ibn Tamim ibn Hurmaz ibn Hatim ibn Qusay ibn Yusef ibn Yusha` ibn Wardi ibn Ahmad ibn

Muhammad ibn Isa ibn Muhammad ibn al-Hassan as-Sabt ibn Ali ibn Abi Talib and Fatima az-Zahra the daughter of

the Messenger of Allah, may Allah bless him and grant him peace and upon his pure family and pleasing Companions.

See the introduction for a concise summary of his life. The meaning of the words of the Shehu, may Allah be merciful

to him: “…may Allah engulf him in His mercy, Amen” ‘may He plunge or inundate him in It’. It has been related by at-

Tabarani on the authority of Usama ibn Shareek that the Prophet, may Allah bless him and grant him peace said: “There

is no one who will enter Paradise by his actions.” They said: “Not even you?” He said: “Not even me, unless Allah

completely engulfs me in His mercy.” Abu Ùbayd said: “The meaning of his words: ‘completely engulf me’, means to

completely enclose, to completely envelope and to completely conceal me with It.” There is no doubt that this was the

case because Allah taàla said about him, upon him be blessings and peace: “And We have not sent you except as a

mercy to all the worlds.” If the ‘mercy of Allah’ is an intimation to the Prophet of mercy, may Allah bless him and grant

him peace, then the meaning of his words: ‘may Allah engulf him in his mercy’ means may he envelope him in the

character of the Prophet, may Allah bless him and grant him peace, enclose him in his Sunna, and inundate him in the

overflowing of his lights, and Allah knows best.

All praises are due to Allah who has raised the supports of the Sunna and exalted its lamps;

who has diminished the existence of heretical innovation and exposed its “lights”; who has made

plain the evidences of the Divine Reality and manifested its secrets; and who has eclipsed the paths

of falsehood and obliterated its influences.4

4 The meaning of the words of the Shehu may Allah be merciful to him: “All praises are due to Allah” is following the

pattern set by the Mighty Book, for the Qur’an begins with His exalted words: “All praises are due to Allah, the Lord of

the worlds” and imitating by that his words may Allah bless him and grant him peace: “Every affair of importance

which is not begun with: All praises are due to Allah, and sending blessings upon me is severed.” The Shehu may Allah

be merciful to him said in his Kitab’l-Wird: “It is a duty upon us to praise Allah with the praise that is fitting Him as an

incumbent obligation without limit.” The meaning of the words of the Shehu, may Allah be merciful to him: “…who

has raised the supports of the Sunna”, the expression ‘support’ comes from a piece of wood normally used to properly

establish a house. In the prophetic tradition of Umm Zarà: “My husband is an elevated support.” What is meant by the

support of the house is its nobility, as it was mentioned in the Lisan’l-Àrab. Thus, the meaning of his words is: All

praises are due to Allah who has raised the scholars of the Sunna who give life to the Sunna, honor it and teach it to the

people in every age and place.” The meaning of the words of the Shehu, may Allah be merciful to him: “…and exalted

its lamps”; the plural of lamp, is a signal usually placed between two limits. Shamr related on the authority of al-

Asmaì: “A lamp is a sign or signal lamp placed upon the road or between the boundaries of two lands, made either of

mud or earth.” In the prophetic tradition on the authority of Abu Hurayra may Allah be pleased with him: “Islam has its

landmarks and supports”; that is to say that it has signs and laws by which is it known. Thus, the meaning of his words:

“…and exalted its lamps” is that Allah is the One who has exalted the right acting scholars who clarify the

distinguishing boundaries of the Sunna, by means of their spiritual states, their actions and teachings. All praises are due

to Allah for that. The meaning of the words of the Shehu, may the mercy of Allah be upon him: “… who has diminished

the existence of heretical innovation and exposed its “lights”; is that heretical innovation is an invention which has been

innovated in the religion after the perfection of the religion. Ibn as-Sikeet said: “Heretical innovation is every invented

matter.” Ibn al-Athir said: “Innovation are two kinds: innovations of guidance and innovations of error. The innovations

of guidance includes those about which the Messenger of Allah, may Allah bless him and grant him peace said:

‘Whoever enacts an excellent sunnan will have the reward of all the people who act upon it’; as Umar ibn al-Khatab,

may Allah taàla be pleased with him said regarding the collective standing in congregational night prayers during

Ramadhan: ‘This is a blessed innovation.’ Innovations of error are those reprehensible matters which have become a

convention but are not known to be apart of the Sunna or from the principles of the sharià, as he upon him be blessings

and peace said: ‘The most evil of matters are invented matters. For every invention is a heretical innovation and every

heretical innovation is error and every error and its companion is in the Fire’.” As-Shafi` said: “Innovations are two

kinds: praiseworthy and blameworthy. That which conforms with the Sunna is praiseworthy and that which conflicts

with it is blameworthy.” Some of the scholars divide innovations based upon the five legal divisions within the sharià,

as it will be explained clearly Allah willing. Thus, the meaning of the words of the Shehu, may the mercy of Allah be

with him: “… who has diminished the existence of heretical innovation”; is all praises are due to Allah who has

diminished false innovations which are those which are forbidden and reprehensible that conflict with what Allah and

His Messenger have ordered, and with the principles established in the foundations of the sharià by means of the

scholars of the Sunna from the ancient past and after them. The meaning of his words: “…and exposed its ‘lights’;

means that forbidden or reprehensible heretical innovations resemble guidance and the illumination of the sharià, but

are in reality not from it. Abu Adnan said: “The heretical innovator is the one who comes with a matter which has

resemblance, but which in reality has no beginning prior to it.” Thus, the ‘lights’ of heretical innovations are in reality

obscurities which look as if they are from the light of the religion but in fact are not. Thus, the scholars of the Sunna,

may Allah taàla be pleased with them are those who distinguish between truth and falsehood; and between the Sunna

and heretical innovations. They are those who clarify heretical innovations as such and diminish the darkness of their

obscurities which resemble the lights of the sharià and the Sunna, and then make the former contemptible in the hearts

of the people. The meaning of the words of the Shehu, may the mercy of Allah be upon him: “…and who has made

plain the evidences of the Divine Reality and manifested its secrets”; the phrase ‘evidences’ is from the singular of a

proof which acts as a witness. Ibn Sayyidih said: “The witness is a scholar or one who knows and who clarifies what he

knows.” Thus, in reality the evidences are the Knowers of Allah who know their Lord by what has been firmly

established with them in their gnosis and spiritual unveilings of Him and His creation. For Allah taàla is the One who

clarifies His knowledge in their hearts, illuminates their inner vision and manifests His secrets upon their tongues. The

reality of any matter means the absolute certainty regarding its affair and contains the truth of it and its necessities.

Thus, the meaning of ‘Divine Realities’ in the language of its People are direct knowledge from Allah and the mystical

Peace and blessings be upon Muhammad who elucidated the methods of the Divine

realities and erected its secrets; and who commanded to follow the Sunna and to adhere to its

traditions; and upon his family and Companions, all of them; and also upon the masters of the

Taabi’uun and the right acting scholars.5

sciences which are in conformity with the sharià; for spiritual realities without the sharià are false. The meaning of

the Shehu words, may the mercy of Allah be upon him: “…and who has eclipsed the paths of falsehood and obliterated

its influences”; is that the pluralities of falsehoods are that which are diametrically opposite the truth. Allah taàla says:

“The Truth has come and falsehood perishes. Indeed falsehood by its very nature perishes.” Thus, falsehood is

everything which conflicts with the realm of truth which comprise: the judgment of reason, the text of the Qur’an, the

text of uninterrupted prophetic traditions and the consensus of the scholars of the Sunna, may Allah be pleased with

them, as the Shehu, may the mercy of Allah be upon him said in his Fat’h’l-Basa’ir. Abu Ùbayda said: “There is

coming a time of intense falsehood.” This means a time in which there will appear many evil scholars who will present

to the people in an excellent light those injustices, heretical innovations and disobediences which they have

embellished, and will transform these falsehoods into ‘truths’ and remain silent regarding the real truth even though

they have the ability to speak out. Thus, it is Allah who eclipses the paths of falsehood and obliterates its influences by

means of the scholars of the Sunna who clarify the Truth and teach it to the people. 5 The meaning of the words of the Shehu, may the mercy of Allah be upon him: “Peace and blessings be upon

Muhammad who elucidated the methods of the Divine realities and erected its secrets”; the meaning of blessing (salaat)

in the Arabic language is asking mercy and making supplication for someone or something. Shaykh Abdullahi ibn

Fuduye` said in his Ta`leem’l-Anaam: “Sending blessings upon the Prophet at least once in a lifetime is an obligation

(fard) - like bearing witness to his Prophet-hood (an-nubuwwa). This is in accordance with Allah taàla’s words, "O you

who believe send blessings upon him and give him peace abundantly." Doing it more than once is highly recommended

(manduub) in the Sunna of Islam and among the customs of its people. It is a confirmed Sunna and it is recommended

to do it in the last tashahhud of the prayer (as-salaat), during the night hours before dawn, at the mentioning of his

name, when his name is mentioned in a book, and during the call to prayer (al-adhan).” The plural phrase ‘methods’ is a

path and a clear elucidation. Allah taàla says: “For each We have made a law and methodology.” Al-Àbass, may Allah

taàla be pleased with him said: “The Messenger of Allah, may Allah bless him and grant him peace did not die until he

had left you upon a clear methodological path.” Which is to say that he left them on a spiritual path that was plain and

clear; thus the meaning of his words, may the mercy of Allah be upon him: “…methods of the Divine realities” are the

paths to gnosis of the Absolute Being. Abu’l-Qasim al-Junayd, may Allah be pleased with him said: “All of the paths

have been closed except in following the footprints of the Messenger, may Allah bless him and grant him peace.” Abu

Hamza al-Baghdadi, may Allah be pleased with him said: “There is no guide upon the path to Allah taàla except in

following the Beloved, may Allah bless him and grant him peace. Whoever makes his soul adhere to the courtesies of

the Sunna Allah will illuminate his heart with the light of direct experiential knowledge of Allah. For there is no

spiritual station more noble than following the Beloved Messenger, may Allah less him and grant him peace in his

commands, deeds, words and character.” The meaning of his words, may the mercy of Allah be upon him: “…and

erected its secrets”; is that he is the one who built it and generated it because all the Divine realities began with him,

upon him be the best blessings and most perfect peace; for he is the breaking of the dawn of the lights of Divine

Oneness; he is the rising of the sun of the secrets of Lordship; he is the splendid moon of the eternal realities; he is the

bridegroom of the presence of universal compassion; he is the mine of the secrets of Allah and the interpreter of His

proofs; he is the point of the emergence of the knowledge of Lordship; he is the first gleam of the Divine Secrets; he is

the final goal of those who have spiritual aspirations; he is the guide of those lost among the spiritual wayfarers; he is

the gathering of the realities of faith; the mountain of the manifestations of spiritual excellence; the place of descent of

the secrets of mercy; the mediator of the covenant of the Prophets; the vanguard of the armies of the Muslims; the

commander and chief of the Prophets and Messengers; and the most superior of all creation. O Allah send blessings and

peace with the most successful, the most prosperous, the most perfect, the most correct, the purest, the most fulfilling,

the soundest, and most superior blessings, and most generous benevolence and greetings upon Your servant, messenger

and prophet, our master Muhammad, may Allah bless him and grant him peace. The meaning of the words of the Shehu,

may the mercy of Allah be upon him: “and who commanded to follow the Sunna and to adhere to its traditions”, that is

to say that Allah taàla ordered us in His Mighty Book and our master Muhammad, ordered us in many of his words.

For Allah taàla says: “And what the Messenger gives you take it and what he forbids you leave it, and fear Allah, verily

Allah is Severe in punishment.” In a narration of Qadi Ìyad in his as-Shifa on the authority of Abu Hurayra that the

Messenger of Allah, may Allah bless him and grant him peace said: “Whoever obeys me, has obeyed Allah, and

whoever disobeys me has disobeyed Allah.” He also said in it that he, upon him be peace said: “When I forbid you

something then avoid it and when I order you to do something then do it as much as you are able.” It has been related by

Ahmad, Abu Dawud, and at-Tirmidhi on the authority of al-Ìrbaad ibn Sariya who said that the Prophet, may Allah

bless him and grant him peace said: “Obligatory upon you is my Sunna and the Sunna of the rightly guided Khalifs.

Hold to them stubbornly. And beware of invented matters, for every invented matter is a heretical innovation and every

heretical innovation is error.” He upon him be blessings and peace said: “My Umma have been commanded to take hold

of my words, to obey my commands, and to follow my Sunna. Whoever is content with my words, is then content with

the Qur’an.” And other than these from the words of the Messenger of Allah, may Allah bless him and grant him peace

regarding the command to follow his Sunna and adhere to its traditions; as the Shehu, may the mercy of Allah be upon

him will clearly clarify in this blessed book. The meaning of the words of the Shehu, may the mercy of Allah be upon

him: “…and upon his family”; is what Qadi Ìyad said in his as-Shifa: “There is unanimous agreement regarding the

permissibility of sending blessings upon other than the Prophet, may Allah bless him and grant him peace.” Among

these being his family as the Messenger of Allah, may Allah bless him and grant him peace said: “O Allah make Your

blessings and baraka be upon the family of Ahmad”; meaning by that himself. The meaning of his family includes his

wives and descendents. It is said that it means those who follow him. It is said that it means his Umma. While the

soundest opinion is that they are the people of his household to whom it is forbidden to give the obligatory alms, but to

whom are granted the fifth of the spoils of war. These include the core of the Banu Hashim and the Banu Muttalib.

These are the ones whom Allah chose from His creation after His prophet, blessings of Allah be upon him and all of

them. In the prophetic tradition: “The obligatory alms is not permissible to be given to Muhammad and the family of

Muhammad.” Ibn al-Athir said: “There is disagreement regarding the family of the Prophet, may Allah bless him and

grant him peace to whom it is forbidden to give the obligatory alms. The majority of the scholars hold that this refers to

the people of his household, which include his wives, children, Ali ibn Abi Talib and his children and descendents from

Fatima the daughter of the Messenger of Allah, may Allah bless him and grant him peace, Ja`far ibn Abi Talib and his

children, Àqil ibn Abi Talib and his children, al-Àbass ibn Abd’l-Muttalib and his children; and al-Harith ibn Abd’l-

Muttalib and his children.” The meaning of the words of the Shehu, may the mercy of Allah be upon him: “…and

Companions, all of them”; is that blessings upon all the companions. This is also a proof for the permissibility of

sending blessings upon other than the Prophet, may Allah bless him and grant him peace as Qadi Ìyad said: “In a

tradition of Ibn Umar that he used to send blessings upon the Prophet, may Allah bless him and grant him peace, Abu

Bakr and Umar, may Allah be pleased with both of them. This was mentioned by Malik in the al-Muwatta from a

narration of Yahya al-Andalusi.” For the Companions of the Messenger of Allah, may Allah bless him and grant him

peace are every man and woman from among men and jinn whom Allah designated with seeing the Prophet, may Allah

bless him and grant him peace, listening to him, accepting Islam during his time, even if their companionship with him

upon him be blessings and peace was a single day. The Shehu, may the mercy of Allah be upon him said in his Ihya as-

Sunna: “Allah ìzza wa jalla chose them in order to establish His deen and to exalt His word… Allah ìzza wa jalla

singled then out with seeing their Prophet, may Allah bless him and grant him peace, with witnessing him, and with

witnessing the descent of the Qur'an upon them fresh and brand-new. They took it directly from the mouth of the

Prophet, may Allah bless him and grant him peace, at the same time he took it from the mouth of Jibril, upon him be

peace. Allah also favored them with fighting along side the Prophet, may Allah bless him and grant him peace; assisting

him and protecting him; with degrading disbelief and destroying it; and with elevating the light of Islam and exalting it.

He taàla singled them out with memorizing the Qur'an, which descended from the heavens little by little. Allah thus

made them suitable for memorizing it until they left nothing of it, not even a single letter. They then gathered the Qur'an

together and made it easy for those who would come after them. They conquered the lands and regions on behalf of the

Muslims and prepared the way for them. They also memorized the traditions of their Prophet in their hearts and

authenticated them from what was sure to come of colloquial Arabic, mistakes, forgetfulness and heedlessness.” The

meaning of the words of the Shehu, may the mercy of Allah be upon him: “…and also upon the masters of the

Taabi’uun”; is as he said in his Ihya’s-Sunna: “They are the ones whom the Messenger of Allah, may Allah bless him

and grant him peace, testified to with moral excellence and virtue by his saying: "The best generations are my

generation, then those who follow them, and then those who follow them." Because of that, there is no need for those

who come after them to establish anything from the principles of the sharià. On the contrary, everyone who comes

after them are bound to their tradition (muqallad), for the most part, and are followers of them. Thus, if there emerges a

fiqh other than their fiqh or if there emerges a utility other than their utility, then all of that will be rejected. That is the

deen of Allah which we are required to adhere to; and whatever contradicts that is heretical innovation (bidà) and error

(dalaala) which will be cast back at its perpetrator without being accepted.” The meaning of the words of the Shehu,

may the mercy of Allah be upon him: “… and the right acting scholars”; are those who act by their knowledge. Among

them were Imam Malik ibn Anas, Imam Abu Hanifa Nu`maan, Imam Muhammad ibn Idris as-Shafi`, and Imam Ahmad

ibn Hanbal, may Allah taàla be merciful to them. The Imams are in unanimous agreement regarding these four Imams

To continue: 6 This is the book called

Sawq’l-Umma Ila Ittiba` ‘s-Sunna (The Mobilization of the Umma Towards Following the Sunna)7

that they were the Imams of the madhaahib. The Shehu, may Allah be merciful to him said in his Tawfeeq al-

Muslimeen: “Each one of them were mujtahid in the religion, and their madhaahib are paths which connect to Allah

taàla.” He also said a little before that: “Verily the scholars of the Sunna, may Allah be pleased with all of them are

agreed that whoever adheres to a madh’hab from these madhaahib will reach Allah safely and that madh’hab will

connect them to Paradise.” Included in this supplication is every scholar who follows them and adheres to their

opinions. The Shehu opened this book from his words: ‘All praises are due to Allah’ until his words: “The right acting

scholars”; with the same expression with which the Knower of Allah, Shaykh Ahmad Zarruq, may the mercy of Allah

taàla be upon him opened his book Umdat’l-Mureed as-Saadiq. He was Abu’l-Abass Ahmad ibn Muhammad ibn Isa

al-Burnusi al-Fasi as-Shadhili, who was known as Zarruq and as Burnus. He was born during the rising of the sun on a

Thursday, the 18th

of Muharram in the year 846 A.H. His mother died three days after his birth and his father followed

her in death five days later; and his maternal uncle died soon after that. Thus, seven days did not pass until he had no

one to rely upon besides Allah taàla. He composed innumerous works. He, may the mercy of Allah be upon him, died

in the year 899 A.H. and he was buried in Misrata, in the desert on the edge of Birqa, may Allah ennoble his spirit and

flow upon us his baraka. Shaykh Ahmad Zarruq had tremendous influence upon the ideas of Shehu Uthman ibn

Fuduye`, may Allah taàla be pleased with both of them. For each of them stood to eradicate heretical innovations which

the people had invented particularly in the area of tasawwuf, and in the remainder of the sciences in general. 6 The meaning of the words of the Shehu, may the mercy of Allah be upon him: “To continue”: It is said that this

expression: ‘to continue (amaa ba`d)’ is a mark of the beginning of speech, and Prophet Dawud, upon him be peace was

the first to initiate it. It is said that this speech marker is a sign understood to mean the commencement of judgment.

Abu’l-Abass said: “The meaning of: ‘to continue (amaa ba`d)’ is ‘to continue with what was being discussed from

speech’, so-and so, to the end of one’s speech.” 7 The expression ‘mobilization’ takes its root from ‘to urge on camels’ or other animals like them, which means to lead

them or to drive them forward. Allah taàla says: “Every soul will come with what drives it and witnesses against it.”

That which will drive the soul means that which will urge it to its place of Gathering. He, upon him be peace said in a

prophetic tradition: “The Hour will not be established until there emerges a man from the people of Qahtan who will

urge the people on (yasuuq ‘n-naas) by means of his staff.” That is to say, that this individual will correct the affairs of

the people, they will be obedient to him and act in accordance with his commands. This meaning is further corroborated

by his utilization of the phrase ‘stick’, in order to indicate that he will be appointed as an authority over them, and that

they will be obedient to him. Thus, the meaning of ‘mobilization of the Umma’ is motivating the Umma and leading

them towards following the Sunna. The meaning of ‘umma’ in this regard refers to all the Muslims, their elite and

common alike, from the time of the Shehu until the appearance of the Awaited Mahdi in the End of Times. The meaning

of ‘Sunna’ is the natural disposition of a thing. The plural form ‘sunnan’ means a praiseworthy and virtuous path. The

origin of the phrase ‘Sunna’ is from ‘a way’ (tareeq), which comprises the primordial way of a people; which thus

becomes a pattern to be followed by those who come after them. The Shehu, may Allah taàla be merciful to him said in

his Ihya ‘s-Sunna: “Ahmed ibn Ali ibn Abd'r-Rahmaan al-Manjuri said in his commentary upon the Minhaj 'l-

Muntakhib: ‘The sunna linguistically means a way (at-tareeqa) and a custom (al-àadat). The Sunna technically is a

word which is a combination of a form of worship (al-ìbaadat) and a form of proof (al-adaalat). The Sunna with

regard to worship are the supererogatory acts which the Prophet, may Allah bless him and grant him peace, practiced

constantly, or it was understood by it that it was to be done continuously, even when its cause was not recurrent - like

the eclipse prayer (salaat 'l-khusuuf). And some of the Companions added: and it was publicly demonstrated to be done

in congregation (jamaàt). The Sunna with regard to proof is meant here everything which proceeded from the Prophet,

may Allah bless him and grant him peace, (other than the Qur'an) pertaining to words, deeds or decisions. It is in

accordance with this meaning that the realized ones (al-muhaqqiqeen) explained it’. In the Minhaj al-Muntakhib it says:

‘That about which Muhammad, the master of mankind, was silent, his words, his deeds which were done always, or that

in which he had made a decision - that is the Sunna’.” Thus, the meaning of the title: “the Mobilization of the Umma

Towards Following the Sunna” is that he placed in it all of the prophetic traditions essential for urging the Umma, if

they remain obedient to them and act in accordance with them, to the praiseworthy, virtuous and spiritual pleasing Path.

It is conceivable that the title indicates a more transcendent meaning than that because the Arabs call the dowry (mahr)

to be handed over to a bride ‘sawq’, since whenever they desire to marry, they customarily lead camels and sheep to the

My objective in writing it is to give life to the Sunna of Muhammad. Due to the laxity in

the zeal of the people of these times, I have limited this book to mentioning just the prophetic

traditions (al-ahaadith) which will clarify in summation what has been related in the tradition of

Jibril, upon him be peace, regarding Islam, Iman, and Ihsan; which with respect to worship make up

the whole of the religion. I have only8 added in this book the prophetic traditions concerning the

issue of military struggle (jihaad), which remains the sole means by which the religion is protected.9

bride as a dowry. Thus, the phrase ‘sawq’ (mobilization) is substituted for the phrase ‘mahr’ (dowry), even when the

dowry does not consists of camels and sheeps. Subsequently, among the possible meanings of the book’s title is that it

and what it contains is like a wedding dowry for the entire Umma which they send forward in order to marry the

Muhammadan Sunna; for which the the natural issue or offsprings of this marriage is: military victory, economic

sufficiency, and political sovereignty. It is also conceivable that the meaning of the title is an indication of the humility

of its author, because one of the meanings of ‘sawq’ is ‘to come at the tail-end of something – or to defer’ (mu’akhir),

like when you say: “He came at the tail-end of the army”; which means that he traveled behind it. This is similar to how,

the walking of the Prophet, may Allah bless him and grant him peace was described: “He used to follow behind his

Companions”; which means that he would let them go ahead of him and he and walk behind them out of humility, not

allowing anyone to walk behind him. For, the Shehu, may Allah taàla be merciful to him, only placed in this book, the

prophetic traditions of the Prophet, may Allah bless him and grant him peace; he did not mention his own opinions in it

nor the opinions of any of the jurists; as if he were intentionally putting forward the Sunna and placing his own opinion

behind it out of humility it and as a legal inference and argumentation for his established methodology; similar to what

Imam Malik did in the al-Muwatta and al-Bukhari in the al-Jaami` as-Saheeh. For, Sultan Muhammad Bello ibn Shehu

Uthman ibn Fuduye`, Waziri Gidadu ibn Layma, Shaykh Abd’l-Qadir ibn Mustafa and others from among the learned

and scholars of the followers of the methodology of the Shehu agree that this blessed book was one of the proofs that

the Shehu attained the rank of ijtihaadiyya (independent judgment) and mujaddadiyya (social reformation). As a

consequence, when it is studied from the perspective of what he narrated in it from its prophetic traditions, their

meanings, jurisprudence, and foundations will come to recognize and understand this, as it will be explained Allah

willing. This book is an incitement to the Muslims to follow the Sunna outwardly and inwardly, and it emboldens them

to adhere to its traditions in these Last Days in which tribulation and ignorance have increased as it was foretold in what

was related by at-Tabarani on the authority of Abu Hurayra on the authority of the Prophet, may Allah bless him and

grant him peace who said: “The one who holds strongly to my Sunna during the corruption of my Umma will have the

reward of one hundred martyrs.” 8 Here ends facsimile 2 of the Arabic manuscript. 9 The meaning of the words of the Shehu, may the mercy of Allah be upon him: “My objective in writing it is to give

life to the Sunna of Muhammad”; some of the knowers of Allah have said: “Your end is in your beginning;” just as the

fruit of a thing is the result of what was planted. For he upon him be blessings and peace said as it was related by al-

Bukhari on the authority of Umar ibn al-Khattab: “Verily actions are based upon their intention and a person will only

have what he intends. Thus, whoever emigrates to Allah and His Messenger, his emigration is to Allah and His

Messenger. Whoever emigrates for some worldly matter in order to seize upon it; or for a woman in order to marry her,

then his emigration is for what he emigrated for.” Thus, the objective and intention of the Shehu, may the mercy of

Allah be upon him in composing this blessed book was in order to give life to the Muhammadan Sunna. He said in his

Ihya’s-Sunna: “Whoever has as an objective to revive the Sunna of Muhammad and to remove satanic innovation for

the purpose of offering sincere advice to the Muslims, Allah will be responsible in aiding him. However, he whose aim

is to bring shame upon people and be preoccupied with their faults, Allah will question him and reckon with him. For

whoever pursues the faults of his brother, Allah will pursue his faults until he exposes him, even if he be in the recesses

of his home. Believers ask for excuses while hypocrites pursue the faults of others and Allah helps a person as long as

he helps his brother.” It has been related by at-Tirmidhi on the authority of Àmr ibn Àwf al-Medini that the Prophet,

may Allah bless him and grant him peace said: “Whoever gives life to my Sunna which has died after me will have the

reward like the one who acted upon it from among the people, and that will not diminish anything from the reward of

the people in anything. Whoever advances a heretical innovation in which Allah and His Messenger are not content with,

will have the sin of everyone who acts in accordance with it from among the people, and that will not diminish anything

from the recompense of the people.” Al-Asbahani said in his Targheeb as well as al-Al-Alkai said in his Sunna that he

upon him be blessings and peace said: “The mercy of Allah be upon the vicegerents.” It was said: “What are your

vicegerents?” He said: “Those who give life to my Sunna and teach it to the people. Whoever gives life to my Sunna has

given life to me. Whoever gives life to me will be with me in Paradise.” It has been related by ad-Daylami on the

authority of Ali ibn Abi Talib who said: “There are no words except with actions. There are no words and actions

except with intention. There are no words, actions, and intention except by giving life to the Sunna.” The meaning of

the words of the Shehu, may the mercy of Allah be upon him: “Due to the laxity in the zeal of the people of these times”;

refers to the enthusiasm of the people of his time and those of these times of ours which are more deficient; due to this it

is from the mercy of Allah taàla that the scholars make their books concise due to the deficiency of people’s spiritual

zeal. It has been related by al-Bukhari on the authority of az-Zubayr on the authority of Àdiy who said: “We came to

Anas ibn Malik and complained to him about what we had been experiencing from al-Hujaj. He said: ‘Be patient for

there is no time which is coming except that which comes after it will be worse than it, until you encounter your Lord. I

heard this from your Prophet, may Allah bless him and grant him peace’.” It has been related by Abu Hurayra on the

authority of the Prophet, may Allah bless him and grant him peace who said: “A time is approaching in which

knowledge will be seized, tribulation will appear, and niggardliness will be encountered and the increase in upheavals.”

They said: “What are upheavals?” He said: “Slaughter!” In the narration of al-Bukhari on the authority of Abu Hurayra

also on the authority of the Prophet, may Allah bless him and grant him peace said: “A time is approaching in which

wealth will decrease, niggardliness will be encountered, and tribulations will appear and many upheavals.” They said:

“O Messenger of Allah, what kind?” He said: “Slaughter! Slaughter!” Apart of the baraka of this book is that the Shehu,

may the mercy of Allah be upon him made it concise due to the deficiency of the enthusiasm of the people of his time

and these times of ours. He said in his Najm’l-Ikhwan: “Be preoccupied O brothers with reading the books of the

scholars of your time because they are more knowledgeable of the most important affairs in them. It is their

responsibility to put in detail what had been generalized in the books of the earlier scholars, because the books of each

generation are a detailing of those generations that preceded them. For this reason each scholar takes reliance upon the

books of his time while at the same time finding entirely what he needs in his religion from the books of those before

him.” Thus, the Shehu limited it to what he said, as a mercy from Allah taàla to us. The meaning of the words of the

Shehu, may the mercy of Allah be upon him: “I have limited this book to mentioning just the prophetic traditions (al-

ahaadith) which will clarify in summation what has been related in the tradition of Jibril, upon him be peace, regarding

Islam, Iman, and Ihsan; which with respect to worship make up the whole of the religion.” The prophetic tradition

referred to is what was narrated by Muslim on the authority of Umar ibn al-Khattab who said: “We were once with the

Messenger of Allah, may Allah bless him and grant him peace when a man dressed in exceedingly white garments with

very black hair appeared. There were no traces of travel upon him nor did anyone know him. He came until he sat in

front of the Prophet, may Allah bless him and grant him peace, placing his knees firmly against his and then placed his

hands upon his thighs and said: “O Muhammad inform me about Islam.” The Messenger of Allah, may Allah bless him

and grant him peace said: “Islam is that you bear witness that there is no deity except Allah, that Muhammad is His

Messenger, that you establish the prayer, give the alms, fast Ramadhan and make pilgrimage to the House if you have

the ability.” He said: “You have told the truth.” Umar said: “We were amazed that he would ask a question and then

corroborate the answer.” He then said: “Inform me about belief (al-imaan).” He said: “It is that you believe in Allah,

His Angels, His Heavenly Books, His Messengers, the Last Day, and that you believe in the decree: its good and evil.”

He said: “You told the truth.” He then said: “Inform me about spiritual excellence (al-ihsaan).” He said: “It is that you

worship Allah as if you see Him and if you do not see Him, He sees you.” He then said: “Inform me about the Hour.”

He said: “The one questioned knows no more about it than the one questioning.” He then said: “Inform me about its

signs.” He said: “It is when the servant girl give birth to her mistress and you see the naked, barefooted and destitute

competing with one another to build tall buildings.” He then said: “He then left, and I sat for a time when he upon him

be blessings and peace said to me: ‘O Umar do you know who the questioner was?’ I said: ‘Allah and His Messenger

know best.’ He said: ‘Indeed it was Jibril who came to you to teach you your religion’.” In the narration of al-Bukhari

on the authority of Abu Hurayra, may Allah be pleased with him that the Messenger of Allah, may Allah bless him and

grant him peace was once sitting among the people, when a man came to him walking. He then said to him: “O

Messenger of Allah what is belief (al-imaan)? He said: ‘Belief is that believe in Allah His Angels, His Messengers, the

Meeting with Him, and the you believe in the Resurrection of the Hereafter.” He then said: ‘O Messenger of Allah, what

is Islam?’ He said: “It is that you worship Allah and not associate anything with Him, establish the prayer, give the

obligatory alms, and fast Ramadan.’ He then said: ‘O Messenger of Allah what is spiritual excellence (al-ihsaan)?’ He

said: ‘Spiritual excellence is that you worship Allah as if you see Him and if you do not see Him, He sees you.’ He said:

‘O Messenger of Allah when is the Hour?’ He said: “The one questioned knows no more about it than the one

questioning. However, I will relate to you regarding its signs. It is when the woman gives birth to her mistress, for that

is from among its signs. When the naked and barefooted become the leaders of the people, for that is among its signs;

which are five which no one knows except Allah. ‘Indeed with Allah is the knowledge of the Hour, and He is the One

who sends down the downpour of rain, and He knows what is in the wombs.’ Then the men departed. He then said:

‘Return him to me!’ They then went to bring him back to him but they could not find anyone. He then said: ‘That was

I have only cited in this book the traditions of the two authentic collections (as-Saheehayn):

al-Bukhari and Muslim due to the consensus of the Umma regarding their acceptability. However,

the expressions from the narrations of al-Bukhari are more prominent in this book than those of

Muslim, even though both contribute to what is largely desired in meaning. The reason for this is

that al-Bukhari is considered more authentic than Muslim in the view held by the majority of the

scholars. Another reason is that I have the narration of al-Bukhari by direct transmission (sama’an),

unlike the narrations of Muslim, although I have license (ijaazat) to transmit it.10

Jibril. He came in order to teach the people about their religion’.” The Shehu said in his Ùmdat ‘l-Ulama: “The religion

which our Prophet, may Allah bless him and grant him peace came with has its foundation and its branch. As for its

foundation it is al-Iman and the science which authenticates al-Iman it is the science of the foundation of the religion.

As for its branch it is divided into two divisions: an outward branch and an inward branch. As for the outward branch it

is al-Islam and the science which authenticates al-Islam it is the science of the sharià. As for the inward branch it is al-

Ihsan and the science which authenticates al-Ihsan it is the science of the haqeeqa. Thus, al-Iman, al-Islam and al-Ihsan

is the entirety of the religion.” It is for this reason that he limited this book to those prophetic traditions which clarify for

us what is belief (al-imaan), and peaceful surrender (al-islaam); which are the foundation of the religion, and the

outward branch. As for the spiritual excellence (al-ihsaan) or the inward branch of the religion it is subsumed in the text.

That is to say that the science of secrets and that which is related to the hearts and its gnosis is subsumed in the

rectification of belief and in the realization of outward surrender. For doctrine of beliefs and jurisprudence are the

foundations of spiritual purification. There is no path to the Divine Realities except by first establishing the

prerequisites which comprise belief (Imaan) and outward surrender (Islaam). Spiritual excellence (Ihsaan) is subsumed

in them and Allah willing it will be extracted in the commentary. The meaning of the words of the Shehu, may the

mercy of Allah be upon him: “I have only added in this book the prophetic traditions concerning the issue of military

struggle (jihaad), which remains the sole means by which the religion is protected”; that is to say that the preservation

of the religion cannot occur except by establishing it. Establishing the religion cannot occur except by means of military

struggle (jihaad), and what stands in its place such as emigration (hijra), truce (sulhi), a social contract, (muàahida)

commanding the good and forbidding evil and other than these; all of which are subsumed under military struggle. 10 The meaning of the words of the Shehu may the mercy of Allah be upon him: “I have only cited in this book the

traditions of the two authentic collections (as-Saheehayn): al-Bukhari and Muslim”; as for al-Bukhari, he was Abu

Abdallah Muhammad ibn Ismaìl ibn Ibrahim ibn al-Mughira, known as al-Bukhari. He was born in the month of

Shawwal in the year 194 A.H. Muhammad ibn Ahmad ibn al-Fadl al-Balhkhi said: “I heard my father say: ‘Muhammad

ibn Ismaìl lost his sight when he was young, and his mother saw Ibrahim al-Khalil upon him be peace in her dream

who said to her: ‘Allah has returned the sight of your son due to the abundance of your weeping for him or your

innumerous supplications’. The next morning Allah returned his sight.” He thus, became after that among the best of

people in the science of prophetic traditions. He was named the Amir’l-Mu’mineen in prophetic traditions. He composed

his Tarikh and authored the as-Saheeh, which is considered the most exalted and soundest book which has occurred

among the Muslims after the Mighty Qur’an. He said regarding it: “I never placed a prophetic tradition in my book

except after taking a major ritual bath and praying two rakàts.” He also said regarding it: “I composed the as-Saheeh in

sixteen years and made it a proof for what is between me and Allah taàla.” An-Najm ibn al-Fudayl said: “I saw the

Prophet, may Allah bless him and grant him peace in a dream as if he were walking and Muhammad ibn Ismaìl was

walking behind him. Whenever the Prophet, may Allah bless him and grant him peace would lift his foot, Muhammad

ibn Ismaìl would place his foot in the place from which the Prophet, may Allah bless him and grant him peace lifted

it.” Al-Hassan ibn Muhammad said: “I never saw anyone like Muhammad ibn Ismaìl, and Muslim ibn al-Hujaaj did not

attain the rank of Muhammad ibn Ismaìl.” Abu Zayd al-Marwazi said: “I was once sleeping between the rukun and the

station of Ibrahim, and I saw the Prophet, may Allah bless him and grant him peace who then said to me: ‘O Abu Zayd,

for what reason are you studying the book of as-Shafi` and you are not studying my book?’ I then said: ‘O Messenger of

Allah what is your book?’ He said: ‘The Jaami` of Muhammad ibn Ismaìl’.” Imam Muslim ibn al-Hijaaj once said to

him: “I bear witness that in this world there is no one like you.” He then kissed his feet. He died on a Saturday of the

night of the Eid’l-Fitr during the isha prayer and was buried on the day of the Eid after the dhuhr prayer in the year 256

A.H. he lived thirteen days short of 62 years. As for Muslim, he was Abu’l-Hussayn Muslim ibn al-Hujaaj ibn Muslim

ibn Wardi ibn Kawshadh al-Qushayri an-Naysaburi, the author of the as-Saheeh. He was born in the year 204 A.H. He

was from the scholars of the people and was a repository of knowledge. Abd’r-Rahman ibn Abi Hatim said: “Muslim

was reliable among the traditionists.” Imam Muslim said: “I composed this al-Musnad as-Saheeh from three hundred

thousand prophetic traditions which I heard directly.” Ahmad ibn Salma said: “I was with Muslim when he composed

his Saheeh in fifteen years and it contains twelve thousand prophetic traditions.” Imam Muslim said: “I did not place

what I placed in this al-Musnad of anything except with proof, and I did not omit anything from it except with proof.”

Abu Abd’r-Rahman as-Salmi said: “I saw the Shaykh, and he possessed an excellent face and clothing. He wore an

excellent robe and the tail of his turban hung between his shoulders.” Muslim died in the month of Rajab in the year 261

A.H. while he was fifty something years old. The meaning of the words of the Shehu may the mercy of Allah be upon

him: “…due to the consensus of the Umma regarding their acceptability”; this however is with the exceptions of two

prophetic traditions. One is which he narrated in the section regarding superogatory prayers regarding the four rakàts

before the asr prayer, as he said: “I did not come across the four rakàts before asr in the Saheehayn; however this was

narrated by an-Nisaai’ from the prophetic tradition of Ali, may Allah ennoble his face.” The second is what he narrated

in the Book of the Obligatory Alms where he said: “I have not come across the amount to be given for cattle in the

Saheehayn.” He then narrated a prophetic tradition on this from the narrations of at-Tirmidhi on the authority of

Muàdh. The meaning of the words of the Shehu may the mercy of Allah be upon him: “However, the expressions from

the narrations of al-Bukhari are more prominent in this book than those of Muslim, even though both contribute to what

is largely desired in meaning”; he cited in this book 232 prophetic traditions, 207 from al-Bukhari, 23 from Muslim, one

from an-Nisaai’ and one from at-Tirmidhi. The meaning of the words of the Shehu may the mercy of Allah be upon

him: “The reason for this is that al-Bukhari is considered more authentic than Muslim in the view held by the majority

of the scholars (al-jamhuur)”; that is to say that the al-Jaami` as-Saheeh which is more famous as the Saheeh al-Bukhari

is the first of the six books of prophetic traditions. It is the most sublime of the books of Islam and the most superior of

them after the Book of Allah taàla. Imam al-Bukhari said abut it: “I saw the Prophet, upon him be peace and it was if I

were standing in front of him and in my hand was a fan and I was protecting him with it. I then asked one of those who

interpret dreams about that and he said to me: ‘You will defend him from liars.’ It was this which prompted me to bring

forth the al-Jaami` as-Saheeh.” Ibn Abi Hamza said: “The Saheeh of al-Bukhari is not recited during a time of adversity

except that that adversity is removed. It is not carried on a ship and it sinks. When it is completed there is an accepted

supplication.” The merits of this collection of prophetic traditions are immense. The numbers of its prophetic traditions

are 7275; the numbers of its books are two hundred and something; its chapters are 3400; as the teacher Abdullahi ibn

Fuduye` explained in his Siraaj’l-Bukhari. He also said in it: “Its soundness after that of the Qur’an is the most superior.

Every other book is reliant upon it. It is sounder than the book of Muslim. Due to the conditions in its connectedness, so

realize. In the firmness of its encountering, in its impartiality, and its men who are superior to the men of Muslim;

although the consensus upholds the citing of what they consider sound with the acceptance of the Absolute Being.” The

meaning of the words of the Shehu may the mercy of Allah be upon him: “ Another reason is that I have the narration of

al-Bukhari by direct transmission (sama’an)”; because he heard the transmission of the al-Jaami` as-Saheeh from his

paternal and maternal uncle Shaykh al-Hajj Abu Muhammad Muhammad ibn Raj ibn Modibo Dutti ibn Hamm ibn Àal

ibn Muhammad Jubba ibn Muhammad Sanbu ibn Maasiran, may the mercy of Allah taàla be upon him, as he

mentioned in his Asaaneed’l-Faqeer. He heard it with the recitation of the Shaykh of the entire text in the town of

Marnona in the year 1200 A.H. in the month of Rabi’l-Awwal (circa 1786 C.E.). He then gave him license in it on the

authority of his teacher Abu’l-Hassan as-Sindi al-Medini which he heard by direct transmission of the reading of Abd’r-

Raheem al-Mujawir in the Rabat of Qarabish in the Masjid of the Prophet near the Gate where there is transcribed the

poem of the servant girl. The Shehu also received the license to transmit it from Shaykh Abu al-Amana Jibril ibn Umar

and from his son, Abu’t-Tawfeeq Umar ibn Jibril ibn Umar. See the introduction for the chain of authorities of the

Shehu, may the mercy of Allah be upon him in the al-Jaami` as-Saheeh of Imam al-Bukhari. The meaning of the words

of the Shehu may the mercy of Allah be upon him: “…unlike the narrations of Muslim, although I have license (ijaazat)

to transmit it”; as for the al-Jaami` as-Saheeh of Imam Muslim ibn al-Hujaaj, it is the second among the six books of

prophetic traditions, and is the second of the Saheehayn which are the soundest of the books after the Book of Allah.

The numbers of its prophetic traditions are 7275. The Shehu may the mercy of Allah be upon him, received license in it

from the above mentioned paternal and maternal uncle, Shaykh Abu Muhammad Muhammad ibn Raj, as well as from

Shaykh Abu al-Amana al-Hajj Jibril ibn Umar and his son Shaykh Abu’t-Tawfeeq Umar ibn Jibril ibn Umar. See the

introduction for the chains of authority of the Shehu may the mercy of Allah be upon him in the Saheeh of Imam

Muslim.

Therefore, I ask Allah, the Mighty Lord of the Tremendous Throne, that He make this

work purely for His Generous sake and that He make it a proof for us and not against us; may He

send down upon us His blessings on the Day of Standing before Him and at the time when mankind

decomposes in their tombs; may He by means of this book benefit all that read it, explain it to

others, write it down or incite others to it. Lastly, I seek from anyone who come upon this book and

gains some benefit from it, that he associate me closely in his devout supplications that Allah may

benefit me by it in this world and in the Hereafter; and success is with Allah.11

11 I recieved license in this book and in the remainder of the books of Shehu Uthman ibn Fuduye`, may the mercy of

Allah taàla be upon him, as well as the books of his companions, and children from my spiritual guide, my support, and

lamp, the Imam and Khateeb Shaykh Muhammad al-Amin ibn Adam Kariàngha ibn Muhammad Tukur ibn Muhammad

Sanbu ibn Muhammad Leeli ibn Abi Bakr ibn Sanbu Darneema, may Allah taàla be merciful to them, in the town of

Maiurno in Sennar in present day Sudan; as he took it from his father Shaykh Adam Kariaàngha and he from Shaykh

Musa al-Muhajir, and he from Imam Ali ibn Abu Bakr and he from the blessed author, my master, the light of the age,

the reviver of the religion, Amir’l-Mu’mineen Uthman ibn Fuduye` may Allah engulf him in His mercy, amen. O Allah

O Lord of the Immense Throne, O Most Merciful of the merciful, O Most Merciful of the merciful, O Most Merciful of

the merciful. O Allah send blessings upon our master Muhammad, Your servant, prophet and messenger, the Unlettered

Prophet, and upon his family and companions and give them much peace to the extent of Your Immense Essence in

every moment and time. O Allah be content with the spirit of the light of the age, the reviver of the religion, the Sword

of Truth, the Amir’l-Mu’mineen, Shehu Uthman ibn Muhammad Fuduye`, and with our teachers and their teachers the

first of them and the last of them. O Allah be merciful to Shehu Uthman ibn Fuduye` and gather us together with him in

the highest Firdaus in Paradise and among those who are settled in Your Divine Mercy and Pleasure. O Allah be

merciful to our Shaykh Faruq ibn Shaykh Muhammad al-Amin ibn Adam, and be merciful to his father who gave me

license in this blessed book, Shaykh Muhammad al-Amin. O Allah be merciful to his father and teacher the Khateeb

Shaykh Adam Kariàngha, and be merciful to his teacher Imam Musa, and be merciful to his teacher, the learned jurist

and Khateeb, Shaykh Ali ibn Abu Bakr. O Allah be merciful to his teacher and our shaykh, the author, Shehu Uthman

ibn Muhammad ibn Uthman known as Dan Fodio. O Allah make us live by the life You gave Shehu Uthman ibn

Fuduye`. O Allah make us die with the death You granted Shehu Uthman ibn Fuduye`. O Allah be merciful to Amir’l-

Mu’mineen Sultan of the Blacklands, Sultan Maiurno, al-Hajj Abu Bakr ibn Muhammad at-Tahir ibn Muhammad Bello

ibn Muhammad Attahiru ibn Ahmad Zaruuq ibn Abu Bakr Atiku ibn Shehu Uthman ibn Fuduye`; extend his authority

and command until it connects with that of Imam al-Mahdi. O Allah be merciful to the Jamaàt of Shehu Uthman ibn

Fuduye`, his children and descendants wherever they are in the earth. O Allah be merciful to the Sultan of Sokoto, the

Wazir, his assembly and all of the amirs, and officials in Northern Nigeria. O Allah make this commentary, annotation

and redaction purely for Your Generous sake. O Allah make it a proof for us and not against us. O Allah show us the

baraka of the work in this life and the Next. O Allah make this book beneficial to us, our wives, children, descendents

and their descendents until the establishment of the Hour. O Allah open Your Book and the Sunna of Your Prophet to us

inwardly and outwardly, and give us the ability to act in accordance with them by the rank of Your Most Holy Essence.

O Allah show us the Truth as Truth and give us the ability to follow it and show us falsehood as falsehood and give us

the ability to avoid it; make us live among those who revive the Sunna of Your Prophet, make us die among them, and

resurrect us among them by the rank of Muhammad the Prophet of mercy, may Allah bless him and grant him peace. O

Allah forgive us, our parents, all our teachers, descendents, brothers, wives, in laws, loved ones, the Awliyya of our

times, and all of the Umma of Muhammad, may Allah bless him and grant him peace, their men, women, old and

young. O our Lord accept the supplication of Shehu Uthman ibn Fuduye` and accept our supplications with his by

means of the rank of Your Most Holy Essence, and Your Most Beautiful Names, by the rank of Muhammad, the

Prophet of mercy, may Allah bless him and grant him peace, his family and Companions, each time the mindful

remembers him and each time the heedless forget him, each time the one prostrating prostrates and each time the one

bowing bows, O Lord of the Tremendous Throne, O Most Merciful of the merciful, O Most Merciful of the merciful, O

Most Merciful of the merciful, and the last of our supplications is: “All praises are due to Allah the Lord of the worlds.”

Realize O brothers that all good is found in adherence (itibaa’i) and all evil is in heretical

innovation (ibtidaa’i).12 For this reason, the Prophet, may Allah bless him and grant him peace,

spurred all of us on to follow his Sunna and to avoid invented matters (muhdathaat’lumuur)13 in

many traditions.

12 The meaning of his words, may Allah taàla be merciful to him: “Realize”; is to realize by means of precise

transmission, judicious evidence, experienced tasting and unveiling, for it is not possible to know a thing except by

acting in accordance with it. The meaning of his words, may Allah taàla be merciful to him: “O brothers”; is my

brothers in my jamaàt and under my supervision; or it means my brothers from among the Umma of the Muslims,

which is the most preponderant view. The meaning of his words, may Allah taàla be merciful to him: “…that all good

is found in adherence (itibaa’i) and all evil is in heretical innovation (ibtidaa’i)”; is a profound axiom from the

principles of the religion, which have become well known on the tongues of the right acting scholars from the first and

last. Abu Bakr as-Sideeq, may Allah be pleased with him said: “I have never left anything that the Messenger of Allah,

may Allah bless him and grant him peace, used to do except that I have done it; being afraid that if I left anything from

his commands that I would go astray.” Umar ibn al-Khataab, may Allah be pleased with him once said: “I only do what

I saw the Messenger of Allah, may bless him and grant him peace, do.” Ali ibn Abi Talib, may Allah be pleased with

him once said: “I will never leave the Sunna of the Messenger of Allah for the opinion of any man from among the

people.” Ibn Abass, may Allah be pleased with him once said: “Merely gazing upon a man from the people of the Sunna

encourages one to the Sunna and prohibits heretical innovation.” Abdallah ibn Masùd, may Allah be pleased with him

once said: “Making mere intention to perform the Sunna is better than exerting effort in performing innovation.” The

master of the Taabiùun, Uways al-Qarni once said: “Take care not to separate from the community, (that is the

community which follows the Sunna and avoids innovation), lest you be separated from your deen while you are

unawares and enter into the Fire among the first of those who enter it on the Day of Standing.” The Mujaddid of the first

century of Islam, the Amir’l-Mu’mineen Umar ibn Abd’l-Àziz, may Allah be merciful to him said: “The Messenger of

Allah, may Allah bless him and grant him peace, made a Sunna. And those who possessed the authority after him made

a Sunna. Taking hold of them is: [1] acceptance of the Book of Allah; [2] exerting one's self in the obedience of Allah

and [3] courage concerning the deen of Allah. It is not for anyone to change or alter it and do not look into the opinions

of those who contradict them. Whoever imitates them is guided and whoever assist them is victorious. Whoever

contradicts them and follows other than the way of the believers; Allah will turn him towards that which he has turned

and expose him to Hell - an evil destiny.” Imam Malik, may Allah be merciful to him, used to often recite the following

verse: “The best of matters in the deen is what is from the Sunna. And the worst of matters is invented heretical

innovation.” He also used to say: “The Sunna is the Ark of Noah, whoever gets aboard it will be saved, whoever fails to

board it will be drowned.” Imam as-Shafi`, may Allah be pleased with him used to say: “There is nothing left of the

Sunna except to follow it.” Ahmad ibn Hanbal, may Allah be merciful to him used to say: “No one has words next to

the Book of Allah and the Sunna of Muhammad, may Allah bless him and grant him peace.” The Imam of the cadre of

Sufis, our master Abu’l-Qaasim al-Junayd al-Baghdadi, may Allah sanctify his secret said: “All the spiritual paths have

been sealed up, except imitating the traces of the Messenger may Allah bless him and grant him peace.” The Master of

the masters of Sufis Abu Hamza al-Baghdadi, may Allah be merciful to him said: “There is no guide to the Path to

Allah taàla except in following the Beloved, may Allah bless him and grant him peace. Whoever makes his soul adhere

to the courtesies of the Sunna, Allah will illuminate his heart with the lights of direct experiential gnosis of Allah. For

there is no spiritual path nobler than following the Beloved, may Allah bless him and grant him peace in his commands,

actions, words and character.” All of these words are evidence that all the good in this life and the Next is in following

the Sunna of the Messenger of Allah, may Allah bless him and grant him peace, and that all evil is in contrived matters

of heretical innovations. 13 Here ends facsimile 3 of the Arabic manuscript.

Among them are his words, may Allah bless him and grant him peace: “Verily the most

excellent discourse is the Book of Allah and the best of guidance is the guidance of Muhammad,

may Allah bless him and grant him peace. The worst of matters are invented affairs. Every invented

thing is an innovation. Every innovation is error and every error and its doer shall be in the Fire.”14

Jaabir ibn Abdallah has related this and its source is from Muslim.15

14 The meaning of his words, upon him be blessings and peace: “Verily the most excellent discourse is the Book of

Allah” is an expression extracted from the words of Allah taàla: “Allah has revealed the best of Discourses as a Book”;

due to Its brevity and Its comprehension which contains every spiritual good. Subsumed in the meaning of ‘most

excellent’ is ‘veracity’ (sidq) as it was stated in another narration: “Verily the most truthful of discourse is the Book of

Allah.” The meaning of ‘His discourse’ is His speech as it was stated explicitly in another narrative where he said: “The

best speech is the Speech of Allah.” The meaning of his words, upon him be blessings and peace: “…and the best of

guidance is the guidance of Muhammad, may Allah bless him and grant him peace”; is that the expression ‘conduct’

(hadyi) where the letter haa is inflected with fat’ha and the letter daal is inflected with the sukuun, means ‘manner’ or

‘path’. In some narrations the expression is pronounced ‘hudaa’, with the letter haa inflected with damma and the letter

daal inflected with fat’ha; which means guidance that is diametrically opposed to error. Thus, the expression refers to

his manner of behavior, pleasing spiritual path and balanced comportment; which was stated explicitly in another

narration: “The best guidance is the guidance of Muhammad”; or in another narration: “The most superior guidance is

the guidance of Muhammad.” All of this is evidence that the Sunna of the Messenger of Allah, may Allah bless him and

grant him peace is the Real Path to Allah taàla and to His gnosis. This is in conformity with what Abu’l-Qasim al-

Junayd, may Allah be pleased with him once said: “The paths to Allah, all of them, have been closed except in

following the traces of the Messenger may Allah bless him and grant him peace.” The meaning of his words upon him

be blessings and peace: “The worst of matters are invented affairs”, where the plural of ‘invented affairs’ refers

specifically to those issues which have no original verifiable foundation within the sharià. These inventions are called

heretical innovations as al-Qurtubi mentioned. That is to say, that they are heretical innovations which contradict the

Book, the Sunna and the consensus of the Umma. The meaning of his words, upon him be blessings and peace: “Every

invented thing is an innovation. Every innovation is error;” is a general statement which in essence refers to the majority

of innovations. The linguists say: “It means everything that is done which had no prior precedence.” Some of the

scholars said that innovations are five divisions: those that are obligatory, highly recommended, prohibited,

reprehensible and allowable. Those that are obligatory include the organization of the proofs of the scholastic

theologians in order to refute the ideas of the atheists, the heretics and those who resemble them. Those that are

prohibited and reprehensible are apparent and they are what were meant by his words upon him be peace: “Every

invented thing is an innovation. Every innovation is error.” It is for this reason that Umar ibn al-Khataab said regarding

the issue of the taraaweeh prayer: “This is a blessed innovation.” He named it an innovation (bidà) based upon the

outward form in which it had been established. It is for this reason that is not permissible to object to every innovation

of anyone except when it is known that what the person has done is a prohibited heretical innovation whose prohibition

is agreed upon or he has committed a reprehensible heretical innovation whose reprehensibility is agreed upon. The

meaning of his words, upon him be blessings and peace: “…and every error and its doer shall be in the Fire”; is every

heretical innovation, that is say, every invented matter econsidered to be a forbidden heretical innovative error or

reprehensible one that has no foundation in the sharià, will be in the Fire. This is the same for the bearer of the same

who does so merely to fulfill his passions or lower desires. This is contrary to those invented matters which have their

foundation in the sharià, either through legal analogy with its parallel in the sharià or other than that from the legal

sources. 15 He was Abu Abdallah Jaabir ibn Abdallah ibn Àmr ibn Hiram ibn Ka`b ibn Salma al-Ansari al-Khazaraji as-Salmi

al-Medini. He was an a jurist, an immense Imam, mujtahid and traditionist. He was a Companion of the Messenger of

Allah, may Allah bless him and grant him peace from among the people of the Baàyat’r-Ridwaan. He was present at

during the night of al-Àqaba with his father and was the youngest of the seventy Ansaar at that time. He was also

among the 1400 individuals of the People of Hudaybiyya about whom the Prophet, may Allah bless him and grant him

peace said: “Today, you are the best people on the face of the earth.” He was present at the Battle of Badr and was

eighteen years of age at the time. He was present at Uhud, the Battle of the Trench and the Oath of Allegiance given

under the tree. He transmitted abundant knowledge from the Prophet, may Allah bless him and grant him peace. He also

narrated from Abu Bakr, Umar, Ali, Abu Ùbayda, Muàdh ibn Jabal, az-Zubayr and many others beside them. He was

the mufti of Medina during his time. He was the last of those who were present in the second al-Àqaba to die. He lived

94 years and died in the year 78 A.H.

There are also his words, as it has been related in the Saheeh of al-Bukhari and of Muslim

on the authority of A’isha, may Allah be pleased with her:16 “Whoever introduces into this matter of

ours that which is not from it will be rejected.”17 In the narration of Muslim it says:18 “Whoever

does an act which is not in accordance with our matter will be rejected.”19

16 She was Umm’l-Mu’mineen Aìsha al-Qurayshiyya at-Taymiyya al-Makkiyya, the daughter of the Imam, the greatest

champion of truth and Khalifa of the Messenger of Allah, may Allah bless him and grant him peace, Abu Bakr Abdallah

ibn Abu Qahafa Uthman ibn Umar ibn Àmr ibn Ka`b ibn Sa`d ibn Taym. She was the wife of the Prophet, may Allah

bless him and grant him peace and was without dispute the most learned woman of the jurist of the Umma. The extent

of her prophetic narrations reached 1210. Al-Bukhari and Muslim agree upon the veracity of 174. Al-Bukhari

transmitted 54 isolated traditions from her while Muslim transmitted 69. 17 The meaning of his words, upon him be blessings and peace: “Whoever introduces into this matter of ours that which

is not from it”; that is to say, if he begin something in this clear perfect affair which requires no additional inventions;

and refers to anything which is not from the Book and the Sunna, either by clear evidence, inexplicable expression or

through legal extraction. The Shehu said in his Ihya: “As for the derivatives of the foundations (tafree` 'l-usuul) which

emerge from it, they are not included in the things to be rejected - like [1] the writing down of the Qur'an in book form,

[2] the madh'habs which have been established upon the best reflection of the fuqaha who exercise independent

judgment (mujtahid) by tracing their branches back to the sayings of the Messenger of Allah, may Allah bless him and

grant him peace; [3] the composed books on the subject of grammar, arithmetic, the obligations and other than these

from the sciences which find its origin and are built upon the teachings and orders of the Messenger of Allah, may Allah

bless him and grant him peace. None of the above sciences are included among the things which the above tradition

rejects.” The meaning of his words, upon him be blessings and peace: “…will be rejected” is as the linguists say, that

rejection in this prophetic tradition means that the invented matter will be rejected and not accepted because it is a

falsehood which has no legal support. This prophetic tradition is an immense principle from the principles of the Islam

and comprises the comprehensive speech of the Messenger of Allah, may Allah bless him and grant him peace. It is

explicit in its rejection of every heretical innovation and contrivance. It is the foundation of holding to the Book and the

Sunna and the rejection of passions and heretical innovations. The traditionist and Imam Abu Àmr Abd’l-Barr said:

“Every person who invents a matter in the religion will be driven away from the Pond the Prophet, such as the

Khawarij, the Rawafid, and the remainder of the followers of their whim and passions.” 18 That is to say, that it is related from the narrations of the al-Jaami` as-Saheeh of Muslim on the authority of Aìsha

bint Abu Bakr may Allah taàla be pleased with them. This is the first of the prophetic traditions cited from him by the

Shehu, may the mercy of Allah be with him. 19 The meaning of his words upon him be blessings and peace: “Whoever does an act”; is that whoever contrives an act,

or whoever does an act which was contrived by someone else. The meaning of his words upon him be blessings and

peace: “…which is not in accordance with our matter”, means ‘our judgment and permission; or it means which is not in

accordance with the Sunna of the Prophet, may Allah bless him and grant him peace, the Sunnan of the Rightly Guided

Khalifs, and right acting scholars after him. The meaning of his words upon him be blessings and peace: “…will be

rejected”; is that it will be thrown back at him and not accepted because it is not from the matters of the sharià. This

prophetic tradition is among those traditions which is it is necessary to memorize and act in accordance with in showing

the fallacies of the rejecters, and which should be disseminated in order that others can take as evidence. The Shehu said

in his Ihya’s-Sunna: “Perhaps the perpetrators of an innovation which others had invented before them, might say: ‘I

have not invented anything.’ Then this prophetic tradition should be cited in order to refute him; which is the most overt

way to answer every person who invents matters in the deen - regardless if he be the inventor himself or if someone else

invented it before him.” This prophetic tradition is a foundation from the foundations of the sharià. It is for this reason

that he cited this prophetic tradition and the two before it in the introduction of the book.

Kitaab’l-Iman (The Book of Belief)20

On What Has Been Related Concerning How the Islam of the Servant and His Belief Can Be

Ascertained in this Life21

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar,22 that the

Messenger of Allah, may Allah bless him and grant him peace said: “I have been commanded to

fight the people until they testify to Laa ilaha illa Allah wa anna Muhammadan rasulullah,

20 The etymological root of the expression ‘belief’ (al-iman) is a verbal noun taken from the words: ‘he believed; he

believes; belief, for he is a believer’. It means the opposite of disbelief; or it is acceptance which is the opposite of

denial. Az-Zujaaj said: “Belief is the manifestation of humility and acceptance of the sharià and that which the

Prophet, may Allah bless him and grant him peace came with and comprises the belief and acceptance of the heart.” The

Shehu said in his Mirat’t-Tullab: “Belief linguistically means acceptance and according to the sharià, it means

acceptance in the heart of everything which the Messenger, may Allah bless him and grant him peace came with out of

necessity, but excluding those matters derived through independent judgment.” Belief is the foundation of the religion

and is called tawheed or doctrine of beliefs as the Shehu, clarified in his Ùmdat’l-Ùlama. One can assume that the

meaning of his words: “acceptance of the heart” is that belief in total is the acceptance of the heart without verbal

acknowledgment or action. However, genuine belief is the acceptance of the heart in everything which our master

Muhammad, may Allah bless him and grant him peace came with, the acknowledgement of the tongue and acting in

accordance with the principles of the religion. Allah taàla says: “Verily the believers are those who when Allah is

mentioned their hearts become afraid, when His signs are rehersed to them it increases them in belief and they become

reliant upon their Lord. They are those who establish the prayer and spend out from what We have provided them.

These are the real believers. They have spiritual ranks with their Lord, forgiveness and generous provision.” It has been

related by Abu Àmr ibn Hamdaan on the authority of Ali ibn Abi Talib who said: “I once asked the Prophet, may Allah

bless him, his family and grant him peace about what belief was and he said: ‘It is acquaintance with the heart, the

affirmation with the tongue and acting with the limbs’.” 21 This is a reference to the means of judging the soundness of a person’s Islam of in this world’s life and

acknowledging the belief that will suffice him in it as well as. The Shehu said in his Tarweeh’l-Umma: “The consensus

(al-ìjma) of the Sunni scholars, may Allah be pleased with them, is unanimous regarding the belief that is sufficient in

applying judgment in this world’s life is verbal acknowledgment (iqraar) of the two testimonies (as-shahadatayn) only.

Whoever verbally pronounces the two testimonies (shahadatayn) has secured for himself the judgment of Islam in the

religion as long as disbelief does not appear from him by words, (such as denying what is known that the Messenger

came with out of necessity), or deeds, (such as making prostration to an idol, for example). This is what Abd’s-Salaam

ibn Ibrahim ‘l-Laqaani said in his commentary of his Jawharat ‘t-Tawheed.” I say: that verbal acknowledgement of the

two testimonies is sufficient; however, this must be accompanied with the remainder of the five pillars, such as the

prayer, the obligatory alms, as it will be cited in the forthcoming prophetic traditions. 22 He was Abu Abd’r-Rahman Abdallah ibn Umar ibn al-Khataab ibn Nufayl ibn Abd’l-Ùzza ibn Riyaah ibn Qarat ibn

Rizaah ibn Àdiy al-Qurayshi al-Àdawi al-Makki al-Medini, may Allah be pleased with them. He was the Shaykh’l-

Islam. He accepted Islam when he was young close to seven years of age. He was among those who gave the oath of

allegiance under the tree. He was present at the Battle of Uhud, and witnessed the victory over Mecca, when he was

twenty years old. He transmitted an abundance of beneficial knowledge from the Prophet, may Allah bless him and

grant him peace. Muhammad al-Baaqir ibn Ali ibn al-Husayn said: “When Ibn Umar heard a prophetic tradition from

the Messenger of Allah, may Allah bless him and grant him peace, he would not add or delete anything from it, and in

this regard no one was like him.” It has been related by Malik on the authority of those who related it to him: “Ibn Umar

used to follow the affair of the Messenger of Allah, may Allah bless him and grant him peace, so closely in his traces,

and states and was so concerned with doing so, that it was feared he would go mad due to his regard for that.” Ibn Umar

also transmitted from his father, Abu Bakr, Uthman, Ali, Bilaal, Suhayb, Àamir ibn Rabià, Zayd ibn Thaabit, his uncle

Zayb ibn al-Khataab, Abdallah ibn Masùd, Aìsha and many others. Aìsha, once said regarding him: “I have never

seen anyone who adhered to the first affair as Ibn Umar did.” Ibn al-Musayyib said: “If I were to give witness that

anyone was from the people if Paradise, then I would surely testify that Ibn Umar was one.” Tawuus said: “I never saw

anyone more scrupulous in their piety than Ibn Umar.” An abundant amount of the righteous narrated from him; among

whom were his sons: Saalim, Ùbaydallah, Hamza, Zayd, and Abdallah, also his freedman, Naafi`, Abu Ja`far

Muhammad al-Baaqir, al-Hassan al-Basri, Ibn Shihaab az-Zuhri, al-Qaasim ibn Muhammad, Muhammad ibn Sireen,

and many others besides them. He died in Mecca in the year 74 A.H. when he was 84 years old, may Allah be pleased

with him.

establish the prayer (salaaat), and give the obligatory alms (zakaat). If they do that, then their lives

and property will be protected from me except by the rights of Islam and their reckoning is with

Allah.”23

In it also24 on the authority of Anas ibn Malik25 who said that the Messenger of Allah, may

Allah bless him and grant hi peace, said: “Whoever prays our prayer, faces our qibla and eats out

slaughtered meats, then that is a Muslim who is under the protection of Allah and His Messenger.

Therefore do not betray Allah regarding those under His protection.”26

23 The meaning of his words, upon him be blessings and peace: “I have been commanded” that is ‘Allah commanded

me’, because only Allah can command the Messenger of Allah, may Allah bless him and grant him peace. However,

through legal analogy when a Companion says: ‘I have been commanded’, it means: ‘The Messenger of Allah, may

Allah bless him and grant him peace commanded me’, and it should not be taken to mean that another Companion

commanded him; due to the fact that he was a scholar of independent judgment; he was not in need of the command of

another scholar of independent judgment. However when a scholar of the second generation (taabi`) said it, then its

meaning here is applied. The meaning of his words upon him be blessings and peace: “…to fight the people” means in

order to give victory to the Word of Allah and subordinate those who oppose it. This can be accomplished in certain

circumstances by actual warfare, in some circumstance by imposing the jizya, and in other circumstances by

establishing a social contract (muàahida) or treaty of truce (sulhi). The meaning of his words upon be blessings and

peace: “…until they testify to Laa ilaha illa Allah wa anna Muhammadan rasulullah, establish the prayer (salaaat),

and give the obligatory alms (zakaat). If they do that, then their lives and property will be protected from me except by

the rights of Islam”, is that the implications of this statement is that whoever testifies to the two testimonies, establishes

the prayer and gives the obligatory alms, then his blood is protected from him even if he denies the remainder of the

legal requirements. However, the testimony to messengership also comprises acceptance of everything he came with.

The meaning of his words upon him be blessings and peace: “…and their reckoning is with Allah”, is in those matters

which are hidden and concealed in them. In this is clear evidence of the acceptance of outward actions, and that

judgment is concluded based upon what is apparent. Also taken from this is avoiding declaring as disbelievers those

people of heretical innovation who are connected to the divine unity (tawheed) and adhere to the sharià, as well as the

acceptance of the repentance of the disbeliever from his disbelief without making a distinction between apparent or

hidden disbelief. 24 That is, in the Saheeh of al-Bukhari also, or it means in “What Has Been Related Concerning How the Islam of the

Servant and His Belief Can Be Ascertained in this Life”. 25 He was Abu Hamza Anas ibn Malik ibn an-Nadr ibn Damdam ibn Zayd ibn Hiraam ibn Jundub ibn Àamir ibn

Ghanim ibn Àdiy ibn an-Najaar al-Ansari al-Khazraji an-Najaari al-Medini. He was an Imam, mufti, Qur’an reciter,

traditionist and the transmitter of Islam. He was the private servant of the Messenger of Allah, may Allah bless him and

grant him peace and was closer to him than his wives, disciples and followers. He was the last of the Companions to die.

Anas kept company of the Prophet, may Allah bless him and grant him peace completely and adhered to him

completely from the time that he, upon him be blessings and peace made the emigration until he died. He was among

those who gave the oath of allegiance under the tree and accompanied the Messenger of Allah, may Allah bless him and

grant him peace on all of his military engagements as his attendant, while he was a youth. He died in the year 93 A.H.

and reached the age of 107 years in age. His collection of prophetic traditions reached 2286. Al-Bukhari and Muslim

agree on 180. Al-Bukhari transmitted 80 isolated traditions from him, while Muslim transmitted 90. 26 The meaning of his words, upon him be blessings and peace: “Whoever prays our prayer”, is whoever prays the

prayer that I pray, or prays the prayer which my Companions and the people of my religion pray. This is evidence for

the permissibility in following the differences among the mujtahids of the Companions and others from the Imams

regarding prayer. If it were other than that then he upon him be blessings and peace would have said: ‘Whoever prays

my prayer.’ The meaning of his words, upon him be blessings and peace: “faces our qibla” is that he faces the direction

of the Kaàba in Mecca from whichever direction he is, as Allah taàla says: “And wherever you are turn yours faces

towards its direction.” The meaning of his words, upon him be blessings and peace: “…and eats our slaughtered meats”

refers to anyone who slaughters animals by causing the blood to flow through the cutting of the jugular vein with an

iron, stone, wood or stick like cutting utensil, whether it be done by a Muslim or one of the People of the Book; for

these are the manners of slaughter which are lawful with us. The meaning of his words, upon him be blessings and

peace: “…then that is a Muslim”, that is to say: whoever prays the prayer of the Muslims, faces the qibla of the

Muslims, eats the slaughtered animals of the Muslims, then these are clear proofs and plain evidence that he is Muslim.

The meaning of his words, upon him be blessings and peace: “…who is under the protection of Allah and His

In it also27 on the authority of Anas ibn Malik also who said that the Messenger of Allah,

may Allah bless him and grant him peace, said: “I have been commanded to fight the people until

they say: Laa ilaha illa Allah. If they say it, pray our prayer, face our qibla,28 and slaughter as we

slaughter; then their life and wealth will be made sacred to us, except by what rights demand.”29

It has been related in the Saheeh of Muslim on the authority of Abu Sa’id al-Khudri30 that

the Messenger of Allah, mat Allah bless him and grant him peace, said: “I have not been ordered to

search into the hearts of people or to tear open their inward.”31

Messenger”, that is, he is under their security and their covenant. The meaning of his words, upon him be blessings and

peace: “Therefore do not betray Allah”, that is: do not act treacherously towards Allah, because betrayal is a form of

treachery. The meaning of his words, upon him be blessings and peace: “regarding those under His protection”; in this

phrase comprises the legal principle that the affairs of the people is based purely upon what is apparent with them. For

whoever, manifest the rites of the religion, then the judgment of its people applies to him, as long as he does not

manifest anything which is contrary to that. The Shehu, said in his Tarweeh’l-Umma: “Shaykh as-Sanusi mentioned in

his commentary upon the al-Wusta: “It is not permissible for us to have an evil opinion (suu ‘dh-dhann) regarding the

beliefs of anyone whether he be common or otherwise except if there appears openly on the tongue an issue that

indicates that he conceals in his heart something of corrupted beliefs (al-àqd ‘l-faasid). Then, it becomes obligatory to

be kind and tolerant in instructing him in the meanings which will guide him to what is more reasonable in his beliefs.” 27 That it is to say, in the Saheeh of al-Bukhari also or it means in “What Has Been Related Concerning How the Islam

of the Servant and His Belief Can Be Ascertained in this Life”. 28 Here ends facsimile 4 of the Arabic manuscript. 29 The meaning of his words, upon him be blessings and peace: “I have been commanded to fight the people until they

say: Laa ilaha illa Allah”, is that although the statement is confined to what was said and did not include the testimony

of messengership, yet it is implied. This is similar to what one means when you say: “I recited al-Hamd”, when you

mean by that you recited the entire chapter of al-Faatiha. It is said that the first part of the prophetic tradition was

narrated regarding the right of those who deny the divine unity; thus when he verbally expresses it, then he becomes like

one who unifies Allah from among the People of the Book. He is then required to have belief in what the Messenger

came with. It is for this reason that the subsequent mentioned actions are brought in conjunction with the first statement.

The meaning of his words, upon him be blessings and peace: “If they say it”, that is, if they verbally pronounce the

noble utterance. The meaning of his words, upon him be blessings and peace: “…pray our prayer”, is a clear reference

to the lawful prayer and is incorporated in the act of bearing witness to messengership. The meaning of his words, upon

him be blessings and peace: “…face our qibla, and slaughter as we slaughter; then their life and wealth will be made

sacred to us, except by what rights demand”, is that the wisdom in restricting his words to what was mentioned of

actions is that whoever verbally pronounces the divine unity from among the People of the Book, and even if they pray,

face a qibla, and slaughter meats, but they do not pray as we pray or face our qibla, they are then outside of the above

mentioned protection of Allah and His Messenger. This is because there are some among them who slaughter animals to

other than Allah; as well as those who do not consume our slaughtered meats. It is for this reason that he said in the

foregoing narration: “…and eat our slaughtered meats.” All this indicates that authentic acquaintance with the

circumstances of a person in his prayer and manner of consumption is more summarily possible in a single day, unlike

other matters of the religion. From this prophetic tradition we know that the judgment of the Islam of servants is based

upon their apparent circumstances and not by what is concealed in their hearts. 30 He was Abu Saìd al-Khudri, Sa`d ibn Malik ibn Sinaan ibn Tha`laba ibn Ùbayd ibn al-Abjar ibn Àwf ibn al-

Haarith ibn al-Khazraj al-Ansari al-Khazraji. He transmitted from the Prophet, may Allah bless him and grant him

peace, Abu Bakr, Umar and many from the Companions. Handhala ibn Abu Sufyan related on the authority of his

teachers: “There was no one from the young Companions of the Messenger of Allah, may Allah bless him and grant

him peace, who was more knowledgeable than Abu Saìd al-Khudri.” Those transmitted from him were his son Abd’r-

Rahman, Abdallah ibn Umar, Jaabir ibn Abdallah, Anas ibn Malik, Naafi`, Muhammad al-Baaqir ibn Ali, al-Hassan al-

Basri, Àtaa’ ibn Yasaar, Saìd ibn al-Musayyib, Àtaa’ ibn Yazid al-Laythi, Saìd ibn Jubayr, and many others. He was

among the mujtahid jurists of the Companions. He narrated 1170 prophetic traditions. In the narrations of both al-

Bukhari and Muslim there were 43. Al-Bukhari transmitted 16 isolated traditions from him, while Muslim transmitted

52. He died in the year 74 A.H. 31 The meaning of his words, upon him be blessings and peace: “I have not been ordered to search into the hearts of

people”, is that the etymological root of the phrase ‘search’ (naqqaba) is to ‘examine’ (fatasha) and ‘scrutinize’

(bahatha). Thus, the phrase means that the Messenger of Allah, may Allah bless him and grant him peace and others

On What Has Been Related Concerning the Principles of Islam32 It has been related in the Saheeh of al-Bukhari on the authority of Abdullah ibn Umar, may

Allah be pleased with them both, who said: “I heard the Messenger of Allah, may Allah bless him

and grant him peace, say: ‘Islam has been built upon five principles: [1] to testify to Laa ilaha illa

Allah wa Muhammadun rasulullah; [2] to establish the prayer (salaat); [3] to pay the obligatory

alms (zakaat); [4] the pilgrimage (al-hajj); and [5] to observe the fast of Ramadan’.”33

from his Umma were not ordered to examine and scrutinize the hearts of people. It is as if he said: “I have only been

ordered to judge them by their apparent affairs.” The meaning of his words, upon him be blessings and peace: “or to tear

open their inwards”; is that the meaning of ‘tear open’ (shaqqa) here is ‘to cleave open’ and ‘to rip open’ revealing what

is in their breasts or hearts. The phrase ‘butuunihim’ (their inwards) is the plural of ‘baatin’, and is the opposite of

outward (dhaahir). This is a metaphor referring to their secrets and what is concealed in their breast. In this prophetic

tradition is clear refutation against those who claim that they are upon the methodology of the Righteous Salaf, who

along with that search into and scrutinize the doctrines of belief of the common people and renounce them as a result of

that. All the scholars are agreed that the judgment in this life is based upon the outward and it is Allah alone who

oversees their hidden affairs. He, may Allah bless him and grant him peace once said to Usama after he killed a man

from among the idolaters who articulated the testimony of divine unity, that he claimed that he only made the testimony

in order to save himself: “Did you tear open his heart to see whether he was truthful or a liar?” This is proof that

judgment applies solely to what is apparent and that what is inward is the sole responsibility of Allah taàla. In this

prophetic tradition is a natural impediment against the emergence of an ‘Inquisition’ into the hearts of mankind, And

when any form of inquisition into the hearts of people appears then it is not from the Sunna or upright religion. Rather it

is a forbidden satanic heretical innovation. 32 The phrase ‘principles’ (arkaan) is the plural of the word ‘pillar’ (rukun) and comes from the support that someone

takes against something or when he leans upon it and takes repose. Allah taàla says: “And do not rely upon those who

are unjust”; that is to say: do not rely upon them for support and do not trust in them. Thus, the principles of a precept

are those aspects of a thing which strengthen it and make it stand; for the principles of Islam are the aspects of Islam

which causes its outward branch to stand. 33 The meaning of his words upon him be blessings and peace: “Islam”, which is what comprises the outward branch of

the religion. The meaning of his words upon him be blessings and peace: “…has been built”, is a passive object phrase

indicating that it was constructed on a foundation. The meaning of his words upon him be blessings and peace: “upon

five”, that is five supports (daà’im) as it was explicitly stated in the narration of Abd’r-Razaaq. In the narration of

Muslim it says: “…upon five” using the feminine form meaning pillars or principles. They are: “…to testify…”, that is

to accept with the heart and verbally pronounce with the tongue: “…to Laa ilaha illa Allah wa Muhammadun

rasulullah”. In another narration: “…belief in Allah and His Messenger…”, which means the verbal testimony of the

divine unity and messengership. Comprised within the testimony of the messengership is acceptance of everything

which he came with regarding the affairs of the after-life. The four mentioned issues after the testimony are actually

constructed upon it, since nothing from them can be valid except after its existence. Its likeness is like a house which is

constructed upon five pillars, where the foremost of them is the center buttress and the remainder act as pillars. As long

as the central buttress stands, then it can be said that the house exists, regardless of what collapses from the remaining

pillars. However, if the central buttress collapses, then what is known to be a house also collapses. The meaning of his

words upon him be blessings and peace: “…to establish the prayer (salaaat)”, is that the phrase ‘to establish’ takes its

etymological root from ‘to institute’, thus what is meant by establish the prayer is to be persistent in it, or to

unconditionally perform it with its preconditions, obligations and pillars. The meaning of his words upon him be

blessings and peace: “…to pay the obligatory alms (zakaat)”, is to give it over to its rightful people. The lawful meaning

of pay the obligatory alms is to discharge a portion of one’s wealth in a specific manner for a specific people. The

meaning of his words upon him be blessings and peace: “…the pilgrimage (al-hajj)”, meaning to the House of Allah in

Mecca. In another narration it states: “…and pilgrimage to the House”, which is the Kaàba in Mecca. The meaning of

his words upon him be blessings and peace: “…and to observe the fast of Ramadhan”, is to refrain from eating, drinking

and conjugal relationships throughout the day during the month of Ramadhan. In this particular narration the pilgrimage

is presented before the issue of fasting. It is in this manner that al-Bukhari constructed its arrangement. However, in

Muslim in a narration of Sa`d ibn Ùbayda on the authority of Ibn Umar the issue of fasting is mentioned before the

issue of pilgrimage. Then Ibn Umar said: “No. It should be fasting Ramadhan and then pilgrimage; likewise did I hear it

from the Messenger of Allah, may Allah bless him and grant him peace.”

On What has Been Related About the Foundations of Belief Which Entitles the Servant Being

Safe from the Eternity of the Fire and Entrance into Paradise34 It has been in the Saheeh of al-Bukhari on the authority of ‘Utban ibn Malik35 who said that

the Messenger of Allah, may Allah bless him and grant him peace, said: “Verily Allah has

forbidden from entering the Fire, (that is from the Fire of eternity), him who says: ‘Laa ilaha ill

Allah’; seeking by that the continence of Allah.”36

34 The Shehu said in his Tarweeh’l-Umma: “Shaykh as-Sanusi said in his Nuur as-Saàda, the commentary upon his

Umm al-Baraaheen: “The establishment of the divinity of our Master the Majestic and Mighty with every reasonable

person is undisputable. However, disbelief occurs when an additional deity is added, then negation of the deities that

have been added to Allah taàla is required. This is how the science of Divine Unity (at-tawheed) came into being, so

consider that.” In the same text he said: “Shaykh Muhammad ibn Yusef as-Sanusi said when he was asked, as it was

narrated by Sidi Miyaara in the ad-Durri at-Thameen wa’l-Mawrud’l-Muèen his commentary upon the Murshid’l-

Muèen, about what is incumbent from the foundations of the religion (usuul ad-deen): is it a prerequisite for the faith

which entitles a servant to enter Paradise to know the meaning of Laa ilaha illa Allah Muhammadur Rasuulullahi

(There is no deity except Allah and Muhammad is the Messenger of Allah) in detail the way it is discussed in the al-

Àqeeda’s-Sughra or not? He answered: “That is not a prerequisite except in the perfection of one’s beliefs. It is a

prerequisite in the soundness of knowledge of the meanings concerning the comprehension of the particulars of this

science.” He then said: “There is no doubt that the majority of the believers, the common among them and the elite, are

aware of that; since each of them knows that Allah is the Creator and that He is not created (al-Khaaliq wa laysa bi

makhluuq). They know that He is sole Provider and that He is not provided for (ar-Raaziq wa laysa bi marzuuq). This

simply means that He is Independent of all else beside Himself and that all things besides Him are in need of Him. They

also know that prayers, fasting, pilgrimage are only offered to Him and that there is nothing worshipped in reality

besides Him. This is the meaning of their saying that Allah is the One deserving of worship and that none deserves it

except Him.” 35 He was Ùtban ibn Malik ibn Àmr ibn al-Ìjlan ibn Zayd ibn Ghanim ibn Salim ibn Àwf ibn Àmr ibn Àwf ibn al-

Khazraj al-Ansari al-Khazraji as-Saalimi. According to the majority of the narrators he was among those who were

present at Badr, however Ibn Is’haq did not include him among them. The prophetic tradition verifying his status among

the people of Badr is confirmed in the two Saheeh collections by way of Anas, Mahmud ibn ar-Rabi` and others. He

was the Imam of his people of the Banu Saalim. Ibn Sa`d mentioned that the Prophet, may Allah bless him and grant

him peace made brotherhood between he and Umar. He died during the khilaafa of Muàwiyya when he had reached an

advanced age. 36 The meaning of his words, upon him be blessings and peace: “Verily Allah has forbidden from entering the Fire, (that

is from the Fire of eternity), him who says: ‘Laa ilaha ill Allah’; seeking by that the continence of Allah”, is that there

is nothing in the heavens and the earth that is more important to Allah taàla than the noble testimony, which is the

testimony of the divine unity. For this reason it has been made obligatory for a person at the beginning of his Islam and

esentual at the point of his death. It is highly recommended to be recited by the common people and the spiritually elite

throughout their lives for the removal of their sins, the raising of their spiritual ranks with Allah and the illumination of

their hearts with His gnosis. For the noble testimony is the defense of the servants with their Lord on the Day of

Judgment as at-Tirmidhi narrated on the authority of Abdallah ibn Àmr that the Messenger of Allah, may Allah bless

him and grant him peace said: “A man from my Umma will be recuperated for all to see. Ninety-nine scrolls with his

bad deeds will welcome him. Each scroll will stretch as far as the eye can see. Then it will be said to him: `Do you deny

any of these things? Has my recording Angels done you an injustice?' He will say: `No my Lord.' It will be said to him:

`Do you have any excuse to put forward?' He will say: `No my Lord.' It will be said: Òn the contrary. Verily you have

with Us an excellent deed and indeed this Day no injustice will be done to you.’ There then will be brought out to him a

slip of paper wherein will be written, Ash hadu an La ilaha illa Allah wa ash hadu anna Muhammadan abduhu wa

rasuluhu (I bear witness that there is no deity except Allah and I bear witness that Muhammad is His slave and

Messenger). Then it will be said: `Take your paper.' He will say: Ò my Lord! What is this slip of paper in comparison

to these scrolls? It will be said to him,` Verily no injustice will be done to you!' Then the scrolls will be placed on the

scales and then the slip of paper will be placed upon the scales. The scrolls will be light but the slip of paper will be

heavy for there is nothing which is weightier than the name of Allah!” This means that nothing from his sins will be

equal to the noble testimony. On the contrary, the word of the testimony will out weight all of his sins. The apparent

meaning in the expression of the prophetic tradition: “Verily Allah has forbidden from the Fire…” is that no one among

the disobedient among the monotheist will enter the Fire. However, this conception is a contradiction of many Qur’anic

In it also37 on the authority of Anas ibn Malik, may Allah be pleased with him, who said

that the Prophet, may Allah bless him and grant him peace, said to Mu’adh (while Mu’adh was

seated behind on his saddle):38 “O Mu’adh ibn Jabal!” He replied: “At your beck and call O

Messenger of Allah and at your service! (Three times).” He, may Allah bless him and grant him

peace, said: “No one testifies to ‘Laa ilaha illa Allah wa Muhammadun rasulullah’, sincerely in

his heart39 except that Allah forbids the Fire from him (that is the Fire of eternity).”40

verses and well known prophetic traditions; among them being the prophetic traditions regarding the intercession, where

he upon him be blessings and peace said as it was related by at-Tirmidhi on the authority of Jabir ibn Abdallah: “My

intercession is for the people of major sins from my Umma. Those who are not from among the people of major sins

will not receive my intercession.” Thus, the majority of the scholars interpolate the only possible meaning for

‘forbidden’ in the above prophetic tradition to be ‘forbidden the eternity’ in the Fire. 37 That it is to say, in the Saheeh of al-Bukhari also or it means in “What Has Been Related About the Foundations of

Belief Which Entitles the Servant Being Safe from the Eternity of the Fire and Entrance into Paradise”. 38 He was the Imam and spiritual master Abu Abd’r-Rahman Muàdh ibn Jabal ibn Àmr ibn Aws ibn Àa’idh ibn Àdiy

ibn Ka`b ibn Àmr ibn Udaya ibn Sa`d ibn Ali ibn Asad al-Ansari al-Khazraji al-Medini al-Badri. Muàdh accepted

Islam when he was eighteen years old. He was tall, handsome and good looking. He was present at the oath of

allegiance given at Àqaba and the Battle of Badr. He was among those who gathered the Qur’an during the life time of

the Messenger of Allah, may Allah bless him and grant him peace. He upon him be blessings and peace said regarding

him: “Muàdh ibn Jabal is the most knowledgeable of the people regarding the prohibitions of Allah and His

permissibilities.” As-Shaybaani related on the authority of Muhammad at-Thaqafi that the Messenger of Allah, may

Allah bless him and grant him peace said: “Muàdh will come on the Day of Judgment as the Imam of the scholars

walking in front of them.” Those who narrated from him were: Abdallah ibn Umar, Abdallah ibn Abass, Jaabir ibn

Abadallah, Anas ibn Malik, Abu Amama, Abu Muslim al-Khawlaani, Masruuq, and others. Ar-Ruuyaani related in his

Musnad on the authority of al-Haarith ibn Àmr at-Thaqafi who said: “Our companions related to us on the authority of

Muàdh that he said: ‘When the Prophet, may Allah bless him an grant him peace dispatched me to Yemen he said to

me: ‘How will you judge when a judgment is presented to you?’ He said: ‘I will judge by what is in the Book of Allah.

If there is none, then by what the Messenger of Allah, may Allah bless him and grant him peace judged.’ He said: ‘And

if it is not among the matters which the Messenger has judged?’ He said: ‘I will make strenuous effort (ijtahhid) with

my opinion, and will not err.’ He then struck my chest, and said: ‘All praises are due to Allah who has given success to

the messenger of the Messenger of Allah, may Allah bless him and grant him peace in what pleases the Messenger of

Allah’.” Muàdh died in the year 18 A.H. at the age of 33. 39 Here ends facsimile 5 of the Arabic manuscript. 40 The meaning of his words of Muàdh: “At your beck and call O Messenger of Allah and at your service!”; is that the

expression ‘remaining’ (labb) with the letter laam inflected with fat’ha means in this context ‘to answer a call’. The

etymological root of the phrase is from ‘to remain in a place steadfastly’; that is, ‘to be established in it and adhere to it’.

Thus, the meaning of Muàdh words: “At your service” is “I remain in your obedience”, or: “I am firmly and steadfastly

established in your obedience”, or “I will answer your summons time after time.” The meaning of the phrase ‘service’

(saàda) is ‘providing assistance’ (musaaìda), as if he said: “I remain steadfast in answering you and in assisting you.”

However, these two phrases have a second context which is the meaning of emphasis and increase; that is to say

replying to a summons constantly. It is said that the root of the phrase: “At your service!” is from another etymological

source, which we will clarify in the Book of Pilgrimage Allah taàla willing. Now, Muàdh repeated the phrase three

times, that is to say, that the call and the answer were made three times, as it is explicitly expressed in the narrations of

Muslim. The meaning of his words upon him be blessings and peace: “No one testifies to ‘Laa ilaha illa Allah wa

Muhammadun rasulullah’, sincerely”, is that in the expression ‘sincerely’ is a preemption against the false testimony

of the hypocrite which emerges on his tongue without sincerity or true belief in his breast. The meaning of his words

upon him be blessings and peace: “…in his heart”, means from the sincere acceptance of the heart. It is conceivable that

this expression is connected to the previous phrase ‘sincerely’; that is to say, that he testifies with his verbal expression

along with the sincere acceptance of his heart. Or perhaps the expression ‘in his heart’ is connected to the phrase

‘testifies’; that is to say, that he testifies with his heart. The first interpolation, however, is the foremost with the

scholars. The meaning of his words upon him be blessings and peace: “…except that Allah forbids the Fire from him

(that is the Fire of eternity)”, provides definitive proof with the people of the Sunna that a group among the disobedient

believers will be punished and then brought out of the Fire by means of the intercession. It is for this reason that he

qualified the statement with his words: “that is the Fire of eternity”, as the Shehu himself stated explicitly in his

In it also41 that he, upon him be blessings and peace, said to Mu’adh: “Whoever meets

Allah and he has not associated anything with Him, will enter Paradise.”42

Tanbeeh’l-Umma Àla Qurb Hujuum Ashrat as-Saaà, where he cited a prophetic tradition related by al-Hakim and at-

Tirmidhi in the Nawaadir’l-Umuur on the authority of Abu Hurayra, may Allah be pleased with him who said that the

Messenger of Allah, may Allah bless him and grant him peace said: “Verily the intercession on the Day of Judgment

will be for those who committed major sins from among my Umma and then died upon that. Among them will be those

at the First Gate of Jahannam whose faces will not be blackened, whose eyes will not be turned bleary, who will not be

shackled with chains, who will not be linked with the devils, who will not be beaten with maces and will not be made to

shriek in the lowest depths of Hell. Among them will be those who will remain in It for an hour, then brought out.

Among them will be those who will remain in It for a month and then brought out. Among them are those who will

remain in it for a year and then brought out. The longest that they will reside in It will by like the age of this world from

the Day it was created until the Day it will be annihilated and that is 7000 years. Then Allah when He wills He will

bring out the monotheists from It as an insult to the hearts of the people of the other religions, who will say to them:

‘We and you were together in the world. You believed in Allah while we disbelieved in Him. You accepted Him and we

denied Him. You testified of Him and we denounced Him. However, that did not avail you! We and you are the same

this Day in Hell together! You are being punished just as we are being punished! You will be in It forever just as we

will be in It forever!’ Then Allah will become Angry at that with an Anger which He has never shown before or will

ever show thereafter. He will then bring out the People of tawheed from It to a spring which will be between the Bridge

of Hell and Paradise, called ‘the River of Life’. He will then sprinkle some of the water upon them and they will began

to sprout forth like a seed growing out of its kernel…They will enter Paradise and there will be written on their

foreheads: ‘The freedmen of Allah from Hell’, all except one man from the people of tawheed. He will remain in Hell

after them for 1000 years. He will then call out: ‘O Affectionate! O Munificent!’ Then Allah will dispatch an Angel to

him in order to bring him out. The Angel will delve into the depths of Hell searching for him for seventy years and will

be unable to find him, and then It will return and say: ‘Verily You ordered me to bring Your servant so-and-so from the

Hell Fires, and I searched for him for seventy years, but was unable to find him!’ Then Allah taàla will say: ‘Go and

get him! He is in such-and-such Valley beneath molting volcanic rock!’ Then he will be brought out of It and entered

into Paradise.” 41 That it is to say, in the Saheeh of al-Bukhari also or it means in “What Has Been Related About the Foundations of

Belief Which Entitles the Servant Being Safe from the Eternity of the Fire and Entrance into Paradise”. This prophetic

tradition was narrated on the authority of Masaddid on the authority of Mu`tamir ibn Sulayman at-Taymi on the

authority of Sulayman at-Taymi on the authority of Anas ibn Malik who said: “It was mentioned to me” using the

passive tense, as Anas did not mention who told this to him in any of the narrations of the tradition that I have come

across. This is perhaps because Muàdh only narrated this prophetic tradition at his death while he was in Syria, and

Jaabir and Anas at that time were in Medina and did not witness him narrate it. However, among those who were

present with Muàdh when he narrated this prophetic tradition was Àmr ibn Maymun al-Awadi one of the

Mukhdarameen. It is conceivable that Anas heard it from him. 42 The meaning of his words, upon him be blessings and peace: “Whoever meets Allah…”, means whoever meets the

appointed time which Allah has decreed for him, which is death, as the majority of the scholars interpolate it. It is also

conceivable that what is meant here is the Resurrection, or the Vision of Allah taàla in the Hereafter. The meaning of

his words, upon him be blessings and peace: “…and he has not associated anything with Him”; is that whoever dies and

he is one who unifies Allah at the time that he dies; or whoever makes he final words before death comes, the testimony

of sincerity. The meaning of his words, upon him be blessings and peace: “…will enter Paradise”, he restricted the

statement to negating associating deities with Allah because it explicitly evokes the Divine Unity by necessity and

evokes the establishment of messengership by implication, since whoever denies the Messenger of Allah, may Allah

bless him and grant him peace has indeed denied Allah, and whoever denies Allah is a polytheist. Or the likeness of the

phrase is similar to the statement: “Whoever performs the ritual ablution, has made his prayer valid.” That is to say, that

he does it with all the remaining preconditions of prayer. Thus, what is meant here is that whoever dies and his

circumstances is that of a believer in all that is required for him to believe in, will enter Paradise. What is meant here is

that he must believe in Allah, the One, and not associate any deities with Him; along with that, he must repent of all sins

between him and his Lord and those sins between him and His creatures.

In it also43 on the authority of Abu Hurayra, who said:44 “O Messenger of Allah! Who will

be the most fortunate of people with your intersession (shafa’at) on the Day of Standing?”45 The

Messenger of Allah, may Allah bless him and grant him peace, replied: “O Abu Hurayra, I assumed

no one was more worthy of asking me about that tradition than you since I realize your enthusiasm

for learning the traditions. The most fortunate of people with my intersession (shafa’at) on the Day

of Standing will be he who said: ‘Laa ilaha illa Allah’, sincerely in his heart or soul.”46

43 That it is to say, in the Saheeh of al-Bukhari also or it means in “What Has Been Related About the Foundations of

Belief Which Entitles the Servant Being Safe from the Eternity of the Fire and Entrance into Paradise”. 44 He was Abu Hurayra, Abu’l-Aswad Abd’r-Rahman ibn Sakhr ad-Dawsi’l-Yamaani. He was an Imam, jurist,

mujtahid, traditionist and Companion of the Messenger of Allah, may Allah bless him and grant him peace. He was the

absolute master of the traditionists. He witnessed the Battle of Khaybar alongside the Prophet, may Allah bless him and

grant him peace. He kept company with the Messenger of Allah, may Allah bless him and grant him peace for four

years, but became the greatest of the preservers of the prophetic traditions among the Companions, as as-Shafi` once

said: “Abu Hurayra was the greatest of those who memorized the narrations of prophetic traditions in his time”; as this

will be stated explicitly in the following cited prophetic tradition by his words, upon him be blessings and peace:

“…since I realize your longing for learning the traditions” Abu Hurayra died in the year 59 A.H. at the age of 78. 45 The meaning of the words of Abu Hurayra, may Allah be pleased with him: “Who will be the most fortunate of

people with your intersession (shafa’at) on the Day of Standing?”; is that the word ‘asàdu’ (the most fortunate) is from

the superlative form of the verb (afàlu) and means good fortune (yumn) which is the opposite of misery. The people of

felicity (saàada) are those who unify Allah from the Umma of Muhammad, may Allah bless him and grant him peace

who do not associate anything besides Allah; even if they are transgressors from the people of major sins. They are

those who will be joyous (suàdaa’) because they will eventually be taken out of the Fire by means of the Intercession

of the Prophet, may Allah bless him and grant him peace. As for the pure idolater and the hypocrite there will be no

bliss for them. The meaning of the question of Abu Hurayra gives evidence that the matter of the intercession was well

known with the Companions of the Messenger of Allah, may Allah bless him and grant him peace. For indeed, he may

Allah bless him and grant him peace will intercede on behalf of some in order to give them ease from the terrors of the

Stopping Place. He will intercede on behalf of some disbelievers by lightening the Punishment for them as has been

verified regarding Abu Talib. He will intercede on behalf of some of the believers by bringing them out of the Hell Fires

after they had entered It; and for some by preempting them from entering the Hell even though they were required to

enter It. He will intercede for some of them by their entering Paradise without any reckoning; and on behalf of others by

the raising of their ranks in Paradise. 46 The meaning of his words, upon him be blessings and peace: “O Abu Hurayra, I assumed no one was more worthy of

asking me about that tradition than you since I realized your enthusiasm for learning the traditions”; is that this

statement of the Prophet upon him be blessings and peace is a clear indication of the merits of Abu Hurayra in the

science of prophetic traditions as we mentioned previously; and suggest the merits in being ardent for obtaining

knowledge. Al-Muhallab said: “In this statement is an indication that being ardent for good and knowledge culminates

in being ardent in asking about the more incomprehensible issues and things of a more subtle meaning. This is because

the issues which are apparent to all people are the same with them in inquiry, due to the fact that these pose no

challenge for their thinking. However, in the case of the more incomprehensible issues and those more exceptional ideas

in meanings, no one inquires about these except the one who is firmly established as a researcher, which induces him to

have that level of ferver for knowledge. Thus, his ferver for knowledge becomes the causative factor for achieving

recompense from Allah, as well as being recompensed for those who act by the issue he raised until the Day of

Judgment.” It is for this reason that the scholars have said: “The excellent question is half of knowledge.” The meaning

of his words, upon him be blessings and peace: “…The most fortunate of people with my intersession (shafa’at) on the

Day of Standing will be he who said: ‘Laa ilaha illa Allah’, this is a precaution against one who associates deities with

Allah. He meant along with that, the pronouncement of Muhammad‘r-Rasuulullahi. However he sufficed citing the first

part from the two statements of the testimony because it has become like a catchword which comprises both phrases as

was previously discussed in the section on belief. The meaning of his words, upon him be blessings and peace:

“…sincerely…” is in accordance with another narration: “…being sincere…”; where both are taken from the expression

‘sincerity’ (ikhlaas). He said this as a precaution against the hypocrite who utters the testimony with his tongue only

without any belief in his breast. The Shehu said in his Tareeq’l-Janna: “Realize that sincerity is in two divisions: the

sincerity of actions (ikhlaas'l-àmal); and the sincerity of seeking after the Hereafter (ikhlaas talabi'l-akhirati). As for

the sincerity of actions, it is actions done with the desire to draw near to Allah ìzza wa jalla. As for the sincerity of

On What Has Been Related Regarding the Principles of Belief47

It has been related in the Saheeh of Muslim on the authority of Umar ibn al-Khataab, may

Allah be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace,

said at the time Jibril asked him about belief:48 “It is that you believe in Allah, His Angels, His

Divine Books, His Messengers, the Last Day, and that you believe in the decree-its good and its

evil.”49

seeking after the Hereafter, it is desire for the benefits of the Hereafter by doing good deeds. Al-Fudayl said: ‘Sincerity

is to be in perpetual watchfulness (al-muraaqaba) for Allah taàla and to be unconcerned with all good fortune

(hudhuudh).’ That is the most perfect of explanations.” The meaning of his words, upon him be blessings and peace:

“…in his heart or soul”, indicates doubt in the mind of the narrator. In another narration by the author in the section on

freeing captives it states: “…sincerely from his soul.” Thus, he mentioned this by way of giving emphasis as Allah does

by His words: “For indeed he caused sins upon his heart”; this is because the mine of sincerity is the heart. In this

prophetic tradition is proof that the prerequisite of articulating the two statements of the testimony is the verbal

utterance. 47 The meaning of the principles of belief is the aspects of belief by which belief is made to stand and its axioms which

strengthen it. 48 This is an indication of the prophetic tradition cited in the introduction of the book which was related by al-Bukhari

on the authority of Abu Hurayra, as well as by Muslim on the authority of Umar ibn al-Khataab, when Jibril said:

“Inform me about belief” as it was related in the narration of Muslim; and in the narration of al-Bukhari that Jibril said:

“O Messenger of Allah what is belief?” 49 The meaning of his words, upon him be blessings and peace: “It is that you believe in Allah”, is that belief in Allah

means acceptance of His existence, that He is described by attributes of perfection and negating from Him all attributes

of deficiency. Shaykh Abdullahi ibn Fuduye` clarified the meaning of belief in Allah in his Taqrib ‘d-Daruuri’d-Deen

where he said: “You should believe that Allah exists. There is no first-ness to Him and no last-ness to Him. There is

nothing like Him. He has neither body nor direction. He is independent of place and doer. He is one in His essence, His

attributes and His actions. Nothing in creation has innate actions in and of itself. Fire does not burn. Food does not

satisfy. The knife does not cut. All phenomenal actions in creation are in fact the acts of Allah taàla which He does

with its creation not by means of them. He is omnipotent over every possibility, which does not exist, which cannot

exist except by the will of the All Knowing who is never ignorant of anything. He is the Living who will never die. He

is All Hearing of every existent thing, but without ears. He is All Seeing of every existent thing, but without pupils. He

is a Speaker without tongue or sound. Nothing in creation is obligatory upon Him to do. All rewards are because of His

bounty and punishment is by His justice.” All of this has been established by the Book and the Sunna as the Shehu

clarified in his books such as the Ùmdat’l-Mutaàbideen, the Ùmdat’l-Ùlama, the Mirat’t-Tullab, the Ihya ‘s-Sunna

wa Ikhmad’l-Bida` and others. The meaning of his words, upon him be blessings and peace: “…His Angels”, is that

belief in the Angels is acceptance of their existence, that they are as Allah taàla describes them: “noble servants”, that

they are luminous spiritual beings, which are neither male nor female, which neither eat or drink or procreate. He

mentioned the Angels prior to mentioning the Heavenly Books and the Messengers out of consideration of the actual

ordered arrangement, because He sub’hanahu wa taàla first sends the Angels with the Heavenly Books to the

Messengers. However, this arrangement should not be taken as evidence for those who consider the Angels superior to

the Messengers. The meaning of his words, upon him be blessings and peace: “…His Heavenly Books”, is that belief in

the Books of Allah is acceptance that they are the Speech of Allah and that what is subsumed in them is True. The

meaning of his words, upon him be blessings and peace: “…His Messengers”, is that belief in the Messengers is

acceptance that they are truthful in what they informed creation about Allah. The generalization regarding the Angels,

the Heavenly Books and the Messengers proves that it is sufficient to have belief in them without going into detail,

except where a particular name has been established, then it is obligatory to believe in it in detail. The meaning of his

words, upon him be blessings and peace: “,,,the Last Day”, is that it is called the ‘last day’ because It is the Last Day of

this world’s duration; or because It is the End of finite time. Thus, what is meant by belief in It is acceptance of what

will occur in It of the Reckoning, the Scales, the Paradise, the Hell Fires, and other than that from the affairs of the

Unseen and the After-Life. The meaning of his words, upon him be blessings and peace: “…and that you believe in the

decree-its good and its evil”, is that what is meant is that Allah taàla knows the destinies of all things as well as its

times before He brings them into existence. He then brings them into existence based upon His prior knowledge of what

He intends to make exist. For every in-time created thing emerges from His knowledge, power and will. This is a matter

On What Has Been Related Regarding the Increase of Belief and Its Decrease50

It has been related in the Saheeh if al-Bukhari on the authority of Anas ibn Malik, that the

Prophet, may Allah bless him and grant him peace, said: “He will be taken out of Hell-Fires who

says: ‘Laa ilaha illa Allah’, and he has in his heart the equivalent of the weight of a grain of barley

in good (khayr). He will be taken out51 of Hell-Fires who says: ‘Laa ilaha illa Allah’, and he has in

his heart the equivalent of the weight of a grain of wheat in good (khayr). He will be taken out of

Hell-Fires who says: ‘Laa ilaha illa Allah’, and he has in his heart the equivalent of the weight of a

grain of an atom in good (khayr).”52

which is known from the religion by means of decisive evidence, and it is on this that the ancestors among the

Companions and the best of the succeeding generations believed. 50 The increase of belief and its decrease for other than the Prophets and Angels is firmly established by the Book, the

Sunna and the consensus. As for the Book there are the words of Allah taàla: “In order to increase their belief with

belief.” He says: “And He increases those who believe in belief.” He says: “As for those who believe, it only increased

them in belief.” As for the Sunna, Ibn Umar, may Allah be pleased with him once asked the Messenger of Allah, may

Allah bless him and grant him peace: “Belief, does it increase and decrease?” He said: “Yes. It increases until it enters

its companion into Paradise, and it decreases until it enters its companion into the Hell Fires.” As for the consensus,

Shaykh Ibrahim ibn al-Laqaani al-Maliki said in his Jawharat’t-Tawheed: “It is the preponderate view regarding the

increase of belief * based upon the increase of obedience of a human.” It means that a large majority of the scholars

hold the preponderant opinion that belief is increased by reason of the increase of the obedience of a human being, and

the decrease of belief is by reason of the decrease of his obedience. The scholars have divided the issue of decrease of

belief and its decrease into three divisions: the first creatures whose belief increases and decreases, which is the belief of

human beings and jinn. We have mentioned the evidence for that. The second creatures are those whose belief does not

increase nor decrease. This is the belief of the Angels, because their belief is innate with their original nature and is not

incongruent. Allah taàla says about them: “They do not disobey Allah in what He commands them and they do exactly

what they are commanded.” And since it has been established that the decrease of belief is due to the decrease in

obedience, then the belief of Angels do not decrease because they never commit disobedience. Some of the scholars say

that everything which does not accept decrease must of a necessity not accept increase. However, some of the scholars

differ regarding this, like Shaykh Abd’l-Barr al-Ujhuuri who said that the belief of Angels increases but does not

decrease. Thus, he includes them among the third division, and it those creatures whose belief increases but does not

decrease, which is the belief of the Prophets upon them be blessings and peace. Allah taàla says to our master Ibrahim,

upon him be peace: “Do you not believe? And he said: ‘Of course, but it is in order to bring tranquility to my heart.”

The meaning of the question of Allah taàla is: Is not your belief sufficient? And the meaning of the answer of Ibrahim

upon him be peace is: Indeed, however in order to increase the belief of my heart with more belief. Subsequently, this is

the evidence that the belief of the Prophets, increases but doesn’t decrease. 51 Here ends facsimile 6 of the Arabic manuscript. 52 The meaning of his words, upon him be blessings and peace: “He will be taken out of Hell-Fires who says: ‘Laa

ilaha illa Allah’”; is a reference to the noble expression before which no good deed is accepted and after which the one

who utters will remain forever in Hell. In this is evidence that Divine Unity is preconditioned by verbal articulation. Or

what is meant here by ‘saying’ is the speech of the inner soul. Thus, it means that whoever acknowledges the Divine

Unity and accepts it. Nevertheless, verbal testimony is still necessary. It is for this reason it is repeated at all times. As

we mentioned previously, he did not make mention along with it the saying: ‘Muhammad is the Messenger of Allah’

because the first part of statement has become like symbol for the whole. In this prophetic tradition is evidence that no

one will be taken out of the Fire except with the permission of Allah taàla. In it also is that true faith is not sufficed by

the knowledge of the heart without the acknowledgment of the tongue; nor by the utterance of the tongue without the

belief of the heart. The meaning of his words, upon him be blessings and peace: “…and he has in his heart the

equivalent of the weight of a grain of barley”; that is to say, a single grain which is one of the least things in

measurement. The meaning of his words, upon him be blessings and peace: “…in good (khayr)”; is that what is

intended by ‘good’ here is belief as it will explicitly stated in the forth coming narration. For, good in reality is anything

which draws the servant close to Allah taàla and there is no good superior to true belief. The meaning of his words,

upon him be blessings and peace: “He will be taken out of Hell-Fires who says, ‘Laa ilaha illa Allah’, and he has in his

heart the equivalent of the weight of a grain of wheat in good (khayr)”; where the letter baa in the expression ‘burra’

(grain of wheat) is inflected with damma and the letter raa is inflected with shadda; which means a single grain of

wheat flour. Ibn Durayd said: “The use of grain of wheat is more precise in expression than wheat flour.” The meaning

In another narration on his authority53 on the authority of the Prophet, may Allah bless

him and grant him peace, who mentioned: “belief (imaan)”, in the place of “good (khayr)”; in the

proceeding tradition.54

of his words, upon him be blessings and peace: “He will be taken out of Hell-Fires who says, ‘Laa ilaha illa Allah’,

and he has in his heart the equivalent of the weight of an atom in good (khayr)”; where the letter dhaal in ‘dharra’

(atom) is inflected with fat’ha and the letter raa is inflected with shadda, is the smallest microbe. Qadi `Iyad said: “The

dharr (atom) is the name for a minuscule microbe.” It is said that the atom it is the dust particles which only become

manifest under the rays of the Sun, and which is smaller than the head of a needle. This means that the measurement of

wheat particle is smaller than the measurement of a particle of barley because he first mentioned barley, then cited

wheat, then the atom, and it is in this manner that measurements are arranged in some of the countries. He mentioned

the measurements of barley, wheat and an atom beause these are all produce. No one disputes regarding the increase and

decrease of produce. Similarly, this is evidence for the decrease and increase in fiath. In this prophetic tradition

establishes that some of the disobedient among those who unify Allah who have committed major sins and did not

repent before death, will enter the Fire. 53 That is to say, in the narration on the authority of Abu Abdallah al-Bukhari himself, who said that Abaan said, that

Qatada narrated to him on the authority of Anas ibn Malik. 54 Here he explains that what it meant by ‘good’ is belief. Thus, it means that whoever has in his heart anything from

belief will not remain forever in the Hell fires. Abu Sa`id said: “Whoever doubts this then let him recite the verse:

‘Verily Allah will not act unjustly even an atom’s weight. If you have any good He will increase it manifold and bestow

on him an Immense Reward from Himself.”

On What Has Been Related Regarding Spiritual Excellence (Ihsaan)55

It has been related in the Saheeh of al-Bukhari and Muslim on the authority of Umar ibn al-

Khataab that Jibril, upon him be peace, said to the Prophet, may Allah bless him and grant him

peace, said: “Inform me about spiritual excellence (Ihsaan)?” He, may Allah bless him and grant

him peace, replied: “It is that you worship Allah as if you see Him. And if you do not see Him, He

sees you.”56

55 The etymological root of the expression spiritual excellence (ihsaan) is taken from: ‘he did excellent’ (ahsana), ‘he

does excellent’ (yahsinu), ‘excellence’ (ihsaanan). It is a verbal noun of the phrase ‘ahsaan’ and means the opposite of

that which is repugnant. Allah taàla says: “For those who do excellence, they will have the best reward and even more.

Neither dust nor humiliation will come near their faces. They are the companions of the Paradise in which they will

abide forever.” Allah taàla says: “Do excellence for indeed Allah loves those who are spiritually excellent.”Allah taàla

says: “Is not the recompense for spiritual excellence more spiritual excellence?” For, spiritual excellence is the kind of

good which affects oneself and others. You say: “I have done such-and-such excellently”, when you mean you were

proficient in it. And you say: “I acted excellently towards so-and-so”, when you were able to connect something

beneficial to him. It is the first meaning which is foremost because the objective in the expression is to have proficiency

in worship, being observant of the rights of Allah taàla and being attentively aware of Him. That is to say, it comprises

the precision of worship for Allah taàla as if you see Him, which is the highest form of spiritual excellence; and if you

do not see Him, then it comprises the precision of worship of Him due to the fact that He sees you, which is the lowest

level of spiritual excellence. This is like, for example, being precise in the ablution by performing it completely in

accordance with its proper description, courtesy, and the perfection of its Sunna practices. This is the same in every act

of worship. Rather, this is the case in social transactions (muàamilaat) as well. For, every social transaction is a type of

worship, either through acting excellent towards one’s nearest of kin, towards strangers, or by being excellent towards

others with one’s body or wealth. Thus, spiritual excellence is being fervent in one’s sincerity to Allah taàla through

obedience to Him, and through being acutely attentive to Him in one’s social transactions with His creation. The reality

of spiritual excellence is that you be in all of your states the way the Prophet, may Allah bless him and grant him peace

was in those same states. For, if it were not for him, Allah taàla would not have created Adam or anything besides him

from His creation, since Muhammad, may Allah bless him and grant him peace was what was originally aimed for in

bringing creation into existence. This is because Allah taàla did not create humans and jinn, (nor the whole of existence

for that matter), except to worship, or to know Him; and there is nothing in creaton that worships Allah taàla and has

gnosis of Him the way our master Muhammad, may Allah bless him and grant him peace knows and worships Him.

For, he is, as the Sultan of the scholars, the master of our teachers Shaykh Muhammad ibn al-Habeeb al-Meknesi said:

“…the first of the lights to overflow from the immense seas of the Divine Essence, who realized Allah in the worlds of

the inward and outward with the meanings of the Divine Names and Attributes. He was the first to give praise and

worship with all the varieties of forms of worship and drawing near.” It is for this reason that our master Abu Hamza al-

Baghdadi may Allah be pleased with him said: “There is no guide on the Path to Allah taàla except in following the

Beloved, may Allah be pleased with him. Whoever makes his soul adhere to the courtesies of the Sunna, Allah will

illuminate his heart with the lights of direct experiential knowledge of Allah. For, there is no Path nobler than following

the Beloved, may Allah bless him and grant him peace in his commands, his actions, his words, and character.” Thus,

the meaning of spiritual excellence (ihsaan) is that one be in a state of gnosis and attentive awareness of Allah taàla in

all states, which is: “…that you worship Allah as if you see Him, and if you do not see Him, He sees you.” This is the

reality of tasawwuf (spiritual purification), and it is for this reason that as-Shaybaan, may Allah be pleased with him

said when he was asked about the reality of tasawwuf: “It is imitation of the Messenger of Allah, may Allah bless him

and grant him peace.” For, tasawwuf is adherence to the Sunna outwardly and inwardly, and adherence to the Sunna in

all circumstances, is, in essence, spiritual excellence (al-ihsaan). 56 The meaning of his words, upon him be blessings and peace: “It is that you worship Allah”, is that it is conceivable

that what is meant by the expression ‘worship’ in this prophetic tradition is direct gnosis of Allah. The meaning of his

words, upon him be blessings and peace: “…as if you see Him”, is that there is an adjective verbal noun which has been

omitted, meaning: “…with worship as if in the worship you see Him.” Or it is a phrase of circumstance, meaning: “…in

the state as if you see Him.” What is not meant here is that you worship Allah as a result of the state which would imply

that your worship of Him would then have to await that state, such that you do not worship Him until the emergence of

that state. On the contrary, what is meant here is that the attainment of this state occurs while in the midst of worship.

The bottom line is that spiritual excellence means being in a state scrupulous piety during worship coupled with

humility and fear with what these truly mean based upon a humility and fear of Him as if He is seen. There is no doubt

In these also57 on the authority of Abu Hurayra, who said: “O Messenger of Allah! What is

spiritual excellence (Ihsaan)?” He, may Allah bless him and grant him peace, said: “It is that you

worship Allah as though you see Him. If you do not see Him, realize that He sees you.”58

that if He is seen like this in the state of worship, then one will never be negligent with what is required of him from

humility and other than that. For this scrupulous piety can never emerge except if the person realizes that He the Exalted

is all aware, all knowing and all acquainted with his circumstances, which is the reality as it is; even if the servant does

not see Him. The meaning of his words, upon him be blessings and peace: “And if you do not see Him, He sees you”, is

that it is sufficient to have scrupulous piety accompanied with humility from that perspective because being aware that

He sees you is a means to that end and not a condition for it. In addition, this prophetic tradition is evidence that the

vision of Allah taàla in this world’s life with the eyes does not happen. As for the vision which the Prophet, may Allah

bless him and grant him peace had of his Lord azza wa jalla, it did not take place in this world’s life but it happened in

the elevated world of the Unseen Kingdoms, because this world is not suitable for that. The clearest evidence for the

lack of the occurrence of the vision of Allah taàla with the eyes in this world’s life is in what was related by Muslim in

the prophetic tradition of Abu Amama that he, upon him be peace said: “Realize that you will never see your Lord until

you die.” As for the vision of Allah in the Hereafter, the school of thought of the People of Truth is that it will definitely

occur with the eyes. However, some of the extreme among the sufis claim that the vision of Allah taàla with the eyes is

permissible in this world’s life, but there is no reality to their claim. The vision which the People of Gnosis have of their

Lord in this world’s life is not with the eyes, but with the heart and the innermost secret with the lifting of the veils from

the Unseen Kingdoms and in the world of sleep visions. The meaning of the lifting of the veils here is the lifting of

destructive barriers which prevent one from seeing Him, which if Allah taàla were to do its opposite with them, they

would actually see Him. Qadi Ìyad said: “All of this is a commentary upon the issues of the outward and inward

worship of Allah, from the beliefs of faith, the outer actions of the limbs, the sincerity of the innermost secret, and

taking protection from destructive actions, to the point that all of the sciences of the sharià refers back to this prophetic

tradition and are rays from it.” I say: this issue of spiritual excellence is the pivot of the secrets which lie in this blessed

book because all gnosis and acute awareness of Allah are rays from following the Sunna of the Prophet, upon him from

Allah taàla be the best blessings and most perfect peace. 57 That is to say, that it is related in the Saheeh of al-Bukhari and in the Saheeh of Muslim or it means in What Has

Been Related Regarding Spiritual Excellence. 58 His answer upon him be blessings and peace is an indication of two states: the highest of them being that direct

witnessing of the Absolute Being overcomes his heart until it is as though he sees Him with his eyes, which is the

meaning of his words: “…as if you see Him” that is to say He sees you. The second is that he becomes acutely aware

that the Absolute Being is acquainted with him and sees him in everything he does, which is the meaning of his words:

“…for verily He sees you.” For these two distinct spiritual states are the fruit of gnosis of Allah and fear of Him. This

was expressed in the narration of Àmaara ibn al-Qa`qaai` by the words of the Prophet upon him be blessings and

peace: “It is that you fear Allah as if you see Him.” And this is similar to what was related in the prophetic tradition of

Anas. An-Nawwawi said: “Its meaning is that you must be scrupulously pious in the mentioned courtesies with Him,

since you see Him and He sees you. This is because He sees you, not because you can see Him, because He always sees

you. Thus, you must perfect your worship for Him, even when you do not see Him. Thus, the implication of the

prophetic tradition is that if you do not see Him, yet be persistent in the perfection of worship because He sees you. This

understanding of the prophetic tradition is an immense foundation from the foundations of the religion, and it is an

important axiom from the principles of the Muslims. It comprises the support of the champions of truth, the goal of the

spiritual wayfarers, the treasure of the Knowers of Allah and the diligence of the righteous. It is also from the

comprehensive speech which he, may Allah bless him and grant him peace was given. It is for this reason that the

people of realization have made it highly recommended to sit in the assemblies of the righteous so that it can be a

preventative from being influenced by deficiencies, out of respect to them and out of shame before them. Then how is it

for someone acutely aware that Allah is always acquainted with him secretly and openly?” For we realize from this that

spiritual excellence is in two stations. The first (and higher) being his words, upon him be peace: “It is that you worship

Allah as if you see Him…”; and the second (and lower) station is his words, upon him be peace: “And if you do not see

Him, He see you.” The Knower of Allah, Abd’l-Jaleel said: “The first station is divided into three divisions. The first

division is in the station of Islam, which is that matters in the sensory world are three kinds: disobedience, obedience

and permissible things of life. As for the division of disobedience they are different in their diversities. For, the servant

is ordered to know that Allah sees him, so when he has a strong desire to commit an act of disobedience, he realizes that

Allah sees him and observes him in every circumstance that he is in. He also knows the treachery of the eyes, and what

the breast conceals. Thus, he desists from disobedience and resorts back to Him. As for the person who forgets the gaze

This is the explanation of the reality of Islaam, Imaan and Ihsaan as elucidated by the

Lawgiver, upon him be peace. For there can be no clearer explanation that can be given after his

explanation. We have previously stated that these three divisions make up the whole of the religion,

especially with regards to worship (‘ibaadaat). The conclusive proof for that is established by his

words, upon him be blessings and peace, when he addressed his Companions: “Verily that was

Jibril. He came to you in order to teach you about your religion.”59 This was after Jibril had asked

about its reality, and he explained it as it was related in the narration of Muslim. In the expressions

of the narration of al-Bukhari it says: “Verily that was Jibril. He came in order to teach mankind

about their religion.”60 Now we shall commence with the arrangements of the chapters of the acts of

Islam (a’maal’l-Islam). We will arrange them the way the scholars of the Sunna, may Allah be

pleased with them, have arranged them.61

of Allah upon him, he as a result disregards that He sees him at the time of his disobedience. Or he is ignorant and

assumes that Allah taàla is far from him and does not remember him. Or he knows that Allah is the One who moves his

limbs when he does an action, but he forgets this. Or he is just simply ignorant, and due to his heedlessness, falls into

disobedience. If he knew and realized, for example, that one of his parents or a prominent person were to see him when

he was committed an act of disobedience, he would desists and flee from it. Likewise, if the servant were aware that

Allah sees him at the time of his disobedience, he would desist from it based upon the realization of the spiritual

excellence of that evidence with him. This acute awareness becomes evidence with him which Allah taàla provides for

him, similar to that which was given to Prophet Yusef, upon him be peace; and stands as clear cognitive evidence that

Allah taàla exists in reality, that He he gazes upon everything and that He alone is the One who expends everything, is

their Prime Mover, and is the One who causes their stillness. Thus, whoever sees Allah taàla with this kind of evidence

in all important affairs, has removed from him the harm and repugnancies of all kinds of evils. The second division of

obedience, it is that he knows that Allah taàla exists and takes as evidence in his soul that He sees him absolutely;

unless he is a heretic who denies the existence of the Lord. For if he openly admits of the existence of his Lord, and then

abandons worshipping Him being careless, then this is due to the deficiency of the evidence of spiritual excellence with

him. This is the trait of those who have squandered their obligations due to their ignorance of the Divine decree, except

when they resort back to recognizing the extent of His commands. The third division is regarding lawful things, which

are normally the locus of heedlessness and absentmindedness in that station of spiritual excellence. For, when a servant

remembers that Allah taàla sees him during his lawful expenditures, is aware that it is He who accepts them and that

He rarely turns away from him, then he naturally becomes ashamed that He will see him being intent on contemptible,

albeit lawful, transient deeds, being completely engrossed in them preoccupying him from His remembrance; or being

preoccupied with what occurs from them from them being acceptable in the eyes of Allah taàla. The second station of

spiritual excellence is in the world of the Unseen. It is that when the servant reflects upon the realms of the Hereafter,

such as death, the grave, the gathering, the showing of deeds, the reckoning and other than these, knows that all of the

things of this world will be shown to Allah taàla in that world; and what will be in that world will corroborate what he

did in this one, then he becomes preoccupied with beautifying himself for the Hereafter with the apparel of the People

of the Hereafter in what he is able. As for the third station of spiritual excellence, it is that when the servant is aware

that in the hearts of His close intimate friends, that He removes from them destructive traits, he thus, tries to purify

himself of these, and seeks to be described with praiseworthy traits until his innermost secret becomes a mirror

manifesting the secrets of his words: ‘…as if you see Him and if you do not see Him, He sees you’.” Here ends the

words of the Gnostic Abd’l-Jaleel, and his words are invaluable. 59 Ibn’l-Muneer said regarding his words: “in order to teach you your religion”, is evidence that the excellent question is

called knowledge and instruction, because nothing emerged from Jibril other than questions, yet with this he was called

a teacher. It is due to this that the saying of the scholars has become famous: “The excellent question is half of

knowledge.” It is conceivable that this principle can be taken from this prophetic tradition because its benefits emerged

from question and answers together. Al-Qurtubi said: “About this prophetic tradition it is correct to say that it is the

‘Mother of the Sunna’ due to what is comprised in it of a summation of the knowledge of the Sunna.” 60 This is an indication of increase because he did not single him out except in order to give authorization.

Subsequently, the attributing of instruction to Jibril was done as a metaphor because he was the causative factor for the

emergence of the answers that were given. It is for this reason it was ordered to take knowledge from him. 61 The meaning of his words: “the acts of Islam” means the outward acts which are related to worship and the

obligations, just as the issues of Iman and Ihsan are related to the heart. The meaning of his words: “We will arrange

Kitaab’ţ-Ţahaara (The Book of Purification)62

On What Has Been Related Regarding Purification Being Half of Belief It has been related in the Saheeh of Muslim on the authority of Abu Malik al-Harith ibn

Àasim al-Ashàri63 who said that the Messenger of Allah, may Allah bless him and grant him peace

said: “Purity is half of belief.”64

them the way the scholars of the Sunna, may Allah be pleased with them, have arranged them”, means that they

arranged their books on jurisprudence based upon a well known formula which are the Book of Purification, the Book

of Menstruation and Its Limits, the Book of Tayyamamu, the Book of Prayer and what is related to it, the Book of the

Obligatory Alms, the Book of Fasting, and the Book of Pilgrimage, following in that the arrangement which the

Messenger of Allah, may Allah bless him and grant him peace made in his words as related by Muslim on the authority

of Ibn Umar: “Islam is constructed on five things: that you unify Allah, establish the prayer, give the obligatory alms,

fast Ramadhan and the pilgrimage.” Here ends the Book of Belief, and with its ending, I end its commentary and

success is with Allah. O Allah I ask You for every good which Your knowledge encompenses in this world and the

Next, and I seek refuge with You from every evil which Your knowledge encompenses in the this world and the Next.

O Allah give us success in following the Sunna of Your prophet, Muhammad, may Allah bless him and grant him

peace, outwardly and inwardly, by his rank that he has with You. Here ends facsimile 7 of the Arabic manuscript. 62 The phrase ‘purification’ (tahaara) with the taa inflected with fat’ha means cleansing onesself (tatahhiru). As for the

phrase ‘purifying agent’ (tuhaara) with the letter taa inflected with damma it is the water or earth with which

purification is performed. As for the phrase ‘detergent’ (tihaara) with the taa inflected with kasra, it is what is added to

that for cleansing such as soap and its like. The author began with the Chapter of Purification after Belief because it is

the key to the prayer which is the greatest of the principles of Islam after the two testimonies of the Divine Unity. For

purification is a noun which stands in the place of cleansing onesself with water: such as cleansing the private parts with

water; ablution, the ritual bath and other than these. Shaykh Abdullahi ibn Fuduye` said in his Diya Ùluum’d-Deen:

“The stages of purification are four: the first is purification of the outward from impurities and filth; the second is

purification of the limbs from offenses; the third is purification of the heart from blameworthy characteristics; and the

fourth is purification of the secret from everything besides Allah. For each time you stand to purify your outward, you

must remember to also purify your limbs of sins, purify the heart of repulsive traits, and purify the secret of other than

Allah in what you are able.” I say: for each stage of purification it has its own purifying agent (tuhaara); and the

purifying agent for all of these stages of purification is adherence to the pure and purifying Sunna. 63 There is disagreement regarding his name. It is said that his name was Abu Malik al-Haarith ibn Àasim al-Ashàri. It

is said that it was Ka`b ibn Àasim. Some said it was Àmr ibn Àasim. Those who transmitted from him were: Rabià

al-Jarshi, Abd’r-Rahman ibn Ghanim al-Ashàri, Abu Salaam Mamtuur al-Aswad, Shurayh ibn Ùbayd al-Hadrami,

Shahir ibn Hawshib, Khalid ibn Saìd, Ataa’ ibn Yasaar and others. Shurayh ibn Ùbayd al-Hadrami related that Abu

Malik al-Ashàri when he had approached death he said: “O listeners among you from the people of the tribe al-Ashàri,

let those present among you deliver the message to those who are absent. Indeed I heard the Messenger of Allah say:

‘The sweetness of this world’s life is the bitterness of the Hereafter and the bitterness of this world’s life is the

sweetness of the Hereafter’.” 64 The meaning of his words upon him be blessings and peace: “Purity (tuhuur)…”, with the letter taa inflected with

damma means purification, while the phrase ‘pure thing’ (tahuur) with the letter taa inflected with fat’ha is every pure

thing which cleanses, because a pure thing linguistically is that which is pure in itself and purifies other than itself. This

is because it cannot be called pure unless it purifies other than itself, such as water with which the ritual ablution is

performed. It is for this reason it is said: ‘Every pure thing is clean, but not every clean thing is pure.’ The meaning of

his words upon him be blessings and peace: “…is half…”, takes its etymological root from one-half or a half of a thing.

The meaning of his words upon him be blessings and peace: “…of belief”, is that there is disagreement regarding the

meaning of his words, upon him be blessings and peace: “Purification is half of belief.” It is said that it means that the

reward for it equals half of the reward of belief. It is said that it means that belief necessitates what comes before it from

errors, likewise with ablution, because ablution is not valid except with belief. It is said that what is meant by belief in

this context is the prayer itself, as Allah taàla says: “And Allah does not forfeit your belief”, that is to say ‘your

prayers’. Purification is a precondition for the soundness of prayer, for this reason it has become half of it. Thus, the

meaning of the prophetic traditions is that purification is half of prayer, which means that the prayer is not accepted

except with purification, as will be explained. The expression ‘half’ (shatr) does not necessitate that purification is half

of belief in the real numerical sense. This is simply a metaphorical expression which is nearest to what is really

intended. It is conceivable that its meaning is that belief is the acceptance of the heart, and is connected to the outward,

On What Has Been Related Regarding the Prohibition of Relieving Oneself While Facing the

Qibla, the Dhikr Prescribed During That and On Freeing Oneself of Impurities It has been related in the Saheeh of al-Bukhari on the authority of Abu Ayyub al-Ansari,65

who said that the Messenger of Allah, may Allah bless him and grant him peace, said: “If anyone of

you goes for answering the call of nature, he should neither face the qibla nor turn his back to it.”66

and that these two are the two halves of belief, since purification is subsummed within the prayer, and comprises the

actions of the outward. Our proof for this interpolation is from the actual textual evidence of the following prophetic

tradition: “Purification is half of belief because belief is the mark of the perimeters of the inward, while purification is

the mark of the perimeters of the outward.” 65 He was Abu Ayyub Khalid ibn Zayd ibn Kulayb ibn Tha`laba ibn Abdu Àmr ibn Àwf ibn Ghanim ibn Malik ibn

an-Najaar al-Ansari al-Khazraji an-Najaari al-Badri. He was an immense spiritual master, and was from among the

nujaba of the Companions, may Allah taàla be pleased with him. He was present at Badr, and the second al-Àqaba. It

is said that Abu Ayyub was present at all the battles of Islam. The Prophet, may Allah bless him and grant him peace

made a pact of brotherhood between Abu Ayyub and Musàb ibn Ùmayr. Ibn Yunus said: “He arrived in Egypt by sea

in the year 46 A.H.” Abu Ayyub was also present with Ali, may Allah ennoble his face, in the war against the

Khawaarij. Abu Zaràt an-Nasri said: “He arrived in Syria during the rule of Muàwiyya.” He transmitted 155 prophetic

traditions. Of these al-Bukhari and Muslim narrated 7. Al-Bukhari narrated two isolated prophetic traditions from him

while Muslim narrated 5. He died in the year 52 A.H and was buried in the foundation of the fortress of Constantinople. 66 The meaning of his words, upon him be blessings and peace: “If”; is a conditional phrase, and it is why the

conjunctive particle faa prefixes the response to the conditional phrase by his words: ‘he should neither face the qibla’.

The meaning of his words, upon him be blessings and peace: “…anyone of you”; is anyone of you from among the

Muslims, who are the people of the qibla. The meaning of his words, upon him be blessings and peace: “goes out”; is

from the word ‘coming’ with the meaning of arrival. The meaning of his words, upon him be blessings and peace: “…to

answer the call of nature”, that is to say, he goes out to a level land in order to relieve himself; “…he should neither face

the qibla”, this means the Kaàba. This is an apparent referent to the prohibition of facing the qibla while answering the

call of nature. The meaning of his words, upon him be blessings and peace: “…nor turn his back to it”, is he should not

direct his back to the qibla, or he should place the qibla at his back. The sole incentive for this is to honor and show

respect to the qibla by not directing impure things in its direction. The completion of this prophetic tradition is: “…you

should face either east or west.” Those being addressed here are the people of al-Medina, and those whose qibla is in

that way, north of Mecca such as the people of Syria or south of Mecca like the people of Yemen. This is evidence that

the qibla of the people of al-Medina is neither in the direction of east or the west, rather it is in the the south. As for

those whose qibla is either in the direction of the east or west, then they should neither face east or west when relieving

oneself, but face the south or the north. The scholars differ regarding the conditions of this prohibition. Abu Hanifa held

the view of the absence of permissibility in facing the qibla and turning one’s back to it while urinating or defecating

regardless while in the open wilderness or in a building. He took this proof from the apparent and broad meaning of the

prophetic tradition. This was also the view of the narrator of the tradition, Abu Ayyub al-Ansari, as well as, Mujahid,

an-Nakhai`, at-Thawri, and Ahmad. However, Ibn Umar, Malik and as-Sha`bi held the view of the prohibition of facing

the qibla or turning one’s back to it while relieving oneself in the wilderness, the desert or outdoors, but not while inside

a building or if there is something between the person and the qibla which shields him. In that case there is no harm, as

Ibn Bataal al-Maliki cited. Al-Muhallab said: “The prohibition of facing the qibla and turning one’s back to it while

defecating or urinating in an open wilderness, and Allah knows best, is in order to show honor to the qibla and to

consecrate it.” Malik said: “Do not face the direction of the qibla, nor turn your back to it while urinating or defecating

in an open place or upon roof tops where it is possible to change directions. As for latrines which are used for that

purpose, then there is no harm in that.” The proof from the actual narrator of the prophetic tradition that its meaning

comprised the lawfulness of facing the qibla in a building, homes and in an open place where one was shielded is in

what was transmitted by Marwan al-Asghar on the authority of Ibn Umar that he once made his camel kneel down

facing the Bayt’l-Maqdas. He then squatted and urinated in that direction. I then said to him: ‘O Abu Abd’r-Rahman,

has not that been prohibited?’ He said: “The prohibition on that is in a open space. As for when there is something

between you and the qibla which shields you, then there is no objection to it.”

In it also67 on the authority of Anas ibn Malik that whenever the Prophet, may Allah bless

him and grant him peace, entered into the toilet, he used to say: “Allah, I seek refuge with You from

all evil deeds and evil spirits.”68

67 That is to say, in the Saheeh of al-Bukhari or it means in What Has Been Related Regarding the Prohibition of

Relieving Oneself While Facing the Qibla, the Dhikr Prescribed During That and On Freeing Oneself of Impurities. 68 The meaning of his words, may Allah be pleased with him: “…whenever the Prophet, may Allah bless him and grant

him peace, entered into the toilet (khalaa’) he used to say”; is that the phrase ‘khalaa’ where the letter khaa is inflected

with fat’ha is the place for relieving oneself. It is called that because it is devoid of other people when relieving oneself.

It refers to the latrine, bathroom, water closet and also the lavatory. The etymological root of the phrase khalaa is a

place which is empty and unoccupied, or a place devoid of anything which is the meaning meant in this prophetic

tradition. The meaning his words, may Allah bless him and grant him peace: “Allah, I seek refuge with You from all

evil deeds and evil spirits.” The expression khubuth is the plural of khabeeth, which are masculine evil spirits, while the

expression khabaa’ith is plural for khabeetha, which are feminine evil spirits, meaning male and female malicious

demons, as al-Khataabi, Ibn Hibban and others explained. In a transcript of this prophetic tradition transmitted by Ibn

Àsakir he said: “Abu Abdallah, meaning al-Bukhari, said: ‘It is said that the expression wickedness (khubth) with the

letter baa inflected with sukuun has diverse meanings. When the expression is allayed from being inflected, then it

refers to evil demons, whose interpolation was mentioned. If the expression has the meaning of being singular then its

meaning is as Ibn al-Àrabi stated to be something reprehensible (makruuh). If the expression is a reference to a form of

speech then it means abusive language (shatam). When the expression is used in reference to religion it means disbelief

(kufr). When the expression is applied to foodstuff it means that which is forbidden (haraam). When it is used in

reference to beverages it refers to noxious harmful drink. It is based upon these diverse interpolations that what is

generally meant by things offensive (khabaa’ith) are disobedience (maàsiy), or unrestrictedly to all blameworthy

actions (afàah madhmuuma) commensurate to what the expression is referencing’.” It is said that what is meant here

are every kind of low or base character. It is said that khubuth is anything which is contrary to descent actions such as

debauchery and the like. This interpolation was cited by al-Hassan and Mujaahid. It has been related regarding the

meaning of his command, may Allah bless him and grant him peace to seek refuge when entering the lavatory in a

prophetic tradition transmitted by Muàmir on the authority of Qatada on the authority of an-Nadar ibn Anas on the

authority of Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace said: “These toilets

are the places of the presence of malevolent forces. So when one of you enters it he should say: ‘O Allah I seek refuge

with You from khubuth and khabaa’ith’.” Thus, he informs us in this prophetic tradition that toilets are the locale for for

devils. It is for this reason that we are ordered to seek refuge when entering them. It has been related by Ibn Wahb on

the authority of Hayyat ibn Sharayh on the authority of Abu Àqil that he heard Saìd al-Muqbari say: “When a person

enters the latrine to take care of his needs, and he makes mention of the name of Allah, a barrier is placed between him

and the jinn shielding him. If he fails to mention the name of Allah, then the jinn gaze upon him mocking him and

making fun of him.” It has been related in the authority of the Prophet, may Allah bless him and grant him peace that he

once said: “When a person leaves from relieving himself he should say: ‘All praises are due to Allah who has removed

from me what will harm me, and has retained for me what will benefit me’.” This is said because demons are present in

the toilets since it is the only place to which they can flee from the remembrance of Allah taàla, thus when coming to

them one should seek refuge by taking protection from them.

In it also69 on the authority of Ibn Abass,70 who said: “The Prophet once passed by two

graves and said: “These two persons are being tortured not for a major sin. One of them never saved

himself from being soiled with urine.”71

69 That is to say, in the Saheeh of al-Bukhari or it means in What Has Been Related Regarding the Prohibition of

Relieving Oneself While Facing the Qibla, the Dhikr Prescribed During That and On Freeing Oneself of Impurities. 70 He was the governor Abu’l-Àbass Abdallah ibn Àbass ibn Abd’l-Muttalib Shayba ibn Hashim Àmr ibn

Abdumanaf ibn Qusay ibn Kilab ibn Murra in Ka`b ibn Luway ibn Ghalib ibn Qahr al-Qurayshi al-Hashimi. He was

born three years before the year of the Emigration. He transmitted 1660 prophetic traditions. From these 75 were

narrated in the two Saheeh collections, while al-Bukhari transmitted 120 isolated traditions from him, while Muslim

transmitted 9 isolated traditions. Ibn Àbass died in the year 68 A.H. at the age of 71. 71 The meaning of the words of Ibn Abass, may Allah be pleased with him: “The Prophet once passed by two graves”;

is that it is not apparent in this narration in which place the two graves were. It is said that they were in Mecca, and it is

said that they were in al-Medina. In another narration from Ibn Abass he said: “The Prophet once passed by a wall from

the walls of al-Medina or Mecca, and heard the voices of two humans being punished in their graves…” In the narration

of Anas ibn Malik he said: “The Prophet once passed by two graves from the Bani an-Najaar who were being punished

for slander and urine…” It is well known that the Banu’n-Najaar were a famous tribe from the people of al-Medina. The

meaning of his words, upon him be blessings and peace: “These two persons are being tortured”; is that they were being

tortured in the world of the barzakh (ithmus) because the punishment of the grave is the first local of the punishment

before the punishment of the Hereafter. This establishes the obligation of having belief in the punishment of the grave

and its blessings for those buried, whether their graves are in the earth, or if they are not buried; like the one drowned,

crucified, the one cremated and then scattered in the winds and the bodily limbs were completed destroyed. None of this

will prevent the existence of the punishment and blessing, as Shaykh Ibrahim al-Bajuri said in his commentary upon the

Jawhara’t-Tawheed. It is the unanimous agreement of the scholars of the Sunna that those who are blessed and punished

in the graves are affected in their bodies and the spirit jointly; that the punishment of the graves of the disbeliever and

hypocrite is eternal with the eternity of the ithmus between death and resurrection; that the punishment of the

disobedient believers will be stopped based upon the diminishing of their crimes, just as the punishment can be lifted

from them due to supplications made for them or alms given in their name, and other than these. And just as the

punishment is not designated for the deceased in the graves, likewise the blessings of the deceased embraces all those

who have been decreed to receive it, whether they are buried in the earth or not. The blessings of the grave are also not

designated for the believers of this Umma only; nor just for humans who have attained the age of responsibility. From

among the blessings of the grave are: it being widened, a portal being opened to it from Paradise, it being filled with

fragrances, it being made a meadow from the meadows of the Paradise; and it being illuminated until it becomes as

bright as the full moon. It is for this reason that it is highly recommended to visit the graves of the awliyya and the right-

acting scholars in order to take blessings from their baraka. The meaning of his words, upon him be blessings and

peace: “…but not for a major sin”, is that it is proof that the punishment of the grave is not stipulated for major sins

(kabaa’ir) alone. Rather, it befalls those who have minor sins (saghaa’ir) as well. This is because at the time there had

not been transmitted any Divine threat in taking precaution against urine; that is, before this narrative was related. It is

said that what he meant is that failing to take precaution against urine was not considered a major sin in the beliefs of

the two people in the graves or in the belief of those, he upon him be blessings and peace was addressing. However,

with Allah it is considered a major sin as Allah taàla says: “You consider it insignificant, while with Allah it is

immense.” It is said that what he meant is that it is not major with regard to the inconvenience of taking precaution from

urine. That is to say, that there was no hardship on the two people in taking precaution from it. The meaning of his

words, upon him be blessings and peace: “One of them never protected himself from being soiled with urine”, where the

meaning of ‘protect’ (istinshaar) is to place something between himself and his urine, meaning protecting himself from

it. Thus, it means that he did not cover his private parts nor did he guard his body from being soiled with urine. The

Shehu may Allah be merciful to him said in his Mirat’t-Tullab: “As-Shabrakheeti said in his commentary upon the al-

Mukhtasar where the Shaykh said: ‘It is obligatory to purify oneself by completely removing impurities from the two

private parts’ – ‘The proof for the obligation of purifying oneself is in what was related in the two Saheeh collections

regarding the companions of the two graves which the Prophet, may Allah bless him and grant him peace passed by and

said: ‘As for the first of them, he never purified himself from urine’ It says in the al-Jaami` the commentary upon the al-

Mukhtasar: ‘Purifying oneself is obligatory without any disagreement, based upon the tradition of the two graves:

‘Verily these two are being punished. However, they are not being punished for major sins. As for the first of them, he

never purified himself from urine. As for the other, he used to spread slander’.”

And in another narration:72 “…he did not free himself of urine…”,73 “…while the other

used to go about with slander.”74

On What Has Been Related Regarding Cleaning Oneself With Stone (istijmaar)75

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said: “I

followed the Prophet, may Allah bless him and grant him peace, while he was going out to answer

the call of nature. He used not to look this way or that. So, when I approached near him he said to

me: “Fetch for me some stones for removal.” That is in order to purify76 the private parts.77

72 That is in another narration from Ibn Àsakir. 73 As for the narration regarding freeing oneself of urine, it is the most expressive in conveying the idea of taking

precaution against urine, because it proves that urine has a distinctive connection with regard to the punishment of the

grave. This is indicated by what was verified as sound by Ibn Khuzayma from a prophetic tradition of Abu Hurayra

going back to the Prophet: “The majority of the punishment of the grave is from urine.” That is to say, that the

punishment of the grave occurs mostly by reason of neglecting to guard oneself from urine. 74 Ibn Daqeeq’l-Èid said: “Slander means circulating vile talk concerning people to others; where the sole objective in

transmitting it is to bring harm to them. However, the kind of speech which can be judged to bring about some

advantage or in order to prevent harm, then this kind of talk is desirable.” An-Nawwawi said: “Slander is transmitting

the words of others with the objective of bringing harm to people; and is the most repulsive kind of offensive speech.”

The etymological root of slander (nameema) is from the expression ‘to malevolently inform against another’ (namma),

which is the broadcasting of words with the aim of spreading ugly rumors and corruption. It is said that it means

embellishing words with outright lies. Al-Jawhari said: “Slander is the transmitting of the words of some people to

another people with the aim of causing corruption and evil.” It is for this reason that the Messenger of Allah, may Allah

bless him and grant him peace said: “The calumnious person will not enter Paradise.” The calumnious person is the

slanderer who transmits words from one people to another in order to harm them. Because there has been narrated

Divine threat regarding slander, it is considered among the major sins. The most erudite scholar of the Black Lands,

Shaykh Abdullahi ibn Fuduye`, may the mercy of Allah taàla be upon him said in his Diya’l-Qawaaìd wa Nashr’l-

Fawaa’id Li Ahl’l-Maqaasid in the chapter on avoiding slander and backbiting: “Among the most important of affairs is

to avoid slander and backbiting. Allah taàla says: ‘And do not slander one another. Does any one of you love to eat the

dead flesh of his brother?’ The Messenger of Allah, may Allah bless him and grant him peace once said to Aìsha, may

Allah be pleased with her when she said to him: ‘Suffice yourself from Safiya! Verily she is short.’ He then said to her:

‘You have just said a word that if were mixed with the waters of the ocean would muddle it up.’ This means that the

slanderous word would intermix with the waters of the ocean and alter it in its taste or smell because of the intensity of

its foulness and evil. This prophetic tradition is the utmost pre-emptive against slander and backbiting. However, if

slander does occur from you, then you should recite the Qur’anic chapters of al-Ikhlaas and the Muàdhatayn and give

the reward of these over as a recompense to the person you slandered.” 75 The etymological root of purification with stone (istijmaar) is taken from the word ‘stones’ (jimaar) itself which are

small pebbles, which the same name given to the rocks used in the rites of pilgrimage to throw at the jamaraat. Thus,

purification with stone is to clean the private parts with stones by wiping the private parts with them. Its lawfulness is

established in the prophetic tradition: “When you use water to clean the private parts sprinkle it, and when you us stones

utilize an odd number.” 76 Here ends facsimile 8 of the Arabic manuscript. 77 The meaning of his words, may Allah be pleased with him: “I followed the Prophet, may Allah bless him and grant

him peace”, is that I walked behind the Messenger of Allah, may Allah bless him and grant him peace. The meaning of

his words, may Allah be pleased with him: “…while he was going out to answer the call of nature. He used not to look

this way or that”, is that this was the methodology of his courtesy when going to relieve himself. The meaning of his

words, upon him be blessings and peace: “Fetch for me”, is to seek for me. It is said that when someone fetches

something for someone that he searches for it for him. In another narration which is severed, he upon him be peace said:

“Help me to find…” It is said regarding the meaning: “I sought something for you” is that I assisted you in finding it. The meaning of his words, upon him be blessings and peace: “…some stones for removal”, where the expression

‘removal’ (astafada) in the al-Qamuus means to extract something. When it is used with stones it means cleaning the

private parts, and is taken from the ideas of al-Matrazi who said: “The expression removal (istinfaad) means extraction

In it also78 on the authority of Abu Hurayra, who said that he, may Allah bless him and

grant him peace, said: “Whoever cleans himself with stones, he should use an odd number.”79

(istikhraaj) and is a catchword for cleansing the private parts (istinjaa).” It is with this meaning in mind that Abu

Hurayra added his words: “That is in order to purify the private parts.” 78 That is to say, in the Saheeh of al-Bukhari or it means in What Has Been Related Regarding Cleaning Oneself With

Stone (istijmaar). 79 The meaning of his words, upon him be blessings and peace: “Whoever cleans himself with stones”, that is to say,

that he utilizes stones in order to remove filth from the orifice of the private parts. These are small stones used for

cleansing the private parts. The meaning of his words, upon him be blessings and peace: “…he should use an odd

number”, which is that he should utilize three or five, as it was stated explicitly in another narration of al-Bukhari on the

authority of Abd’r-Rahman ibn al-Aswad on the authority of his father that he heard Abdallah say: “The Prophet, may

Allah bless him and grant him peace went out to relieve himself and he commanded me to bring him three stones. I

found two stones, and continued searching for a third but was unable to find one. So I took a piece of dried camel

dropping and brought them to him. He took the two stones and threw away the dung and then said: ‘Return that’.” By

implication this prophetic tradition is proof of the behavior (`amal) to be taken from the general prohibition in the

prophetic tradition of Salman on the authority of the Prophet, may Allah bless him and grant him peace who said:

“None of you should clean his private parts with anything less than three stones.” It was narrated by Muslim. Utilizing

an odd number to clean the private parts with stones is not obligatory as it was proven in the prophetic tradition related

by Ibrahim ibn Marwan on the authority of Abu Hurayra who said that the Messenger of Allah, may Allah bless him

and grant him peace said: “When you wish to complete the cleansing with stones, you should do so with an odd

number. Whoever does so it is better for them. Whoever does not there is no harm.” The Shehu said in his `Umdat’l-

Bayaan: “It is permissible (ajzaa) to clean oneself of feces with any pure clean dry thing (which is not harmful; valued;

damp; impure; smooth; sharp; foodstuff; something with writing upon it; gold; silver; the wall; the dry dung of riding

beasts and bones). If the thing used can clean and remove all extraneous matter, then it is permissible - like the hand or

less than three dry stones.” From this we realize that it is lawful to clean oneself of impurities with tissues or napkins as

long as there is nothing written upon them.

On What Has Been related Regarding Purification (istinjaa’) of the Private Parts With

Water80 It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik, who said:

“Whenever the Messenger of Allah, may Allah bless him and grant him peace, entered the toilet, I

along with another boy used to accompany him carrying a tumble full of water which had an iron

tip to it in order that he might make istinjaa’ with water.”81

80 The etymological root of istinjaa is from the word redeeming (najaa) which means being free of something. It is the

removal of something from the body by means of washing and wiping. Abu Zayd’l-Qayrawani said in his an-Nawaadhi

wa’z-Ziyaadaat: “Making istinjaa’ is not among the sunnan of ablution, nor among its obligations, but it is apart of

cleansing oneself of impurities with water and is valid without making intention. As for ablution it starts from the

rinsing of the mouth to what comes after that.” It is for this reason that the scholars of the Sunna disagree about that. In

this context it has been related by Ibn Abi Shayba with a sound chain of authority on the authority of Hudhayfa ibn al-

Yamaan that he was once asked about making istinjaa’ with water and he said: “As long as there doesn’t remain on the

hands a foul smell.” It has been related on the authority of Naafi` that Abdallah ibn Umar used to make istinjaa’ with

water. It has been related on the authority of Abdallah ibn az-Zubayr who said: “We did not do that.” It has been

transmitted by Ibn’t-Teen on the authority of Malik that he used to deny that the Prophet, may Allah bless him and grant

him peace made istinjaa’ with water. It has been related on the authority of Ibn Habib from the Maliki scholars that

Malik used to prohibit the use of water for istinjaa’ because it was something to be consumed. Shaykh Muhammad ibn

Abd’r-Rahman said: “It is upon this behavior (àmal) that the people of knowledge chose making istinjaa’ with water,

even though making istinjaa’ with stone is valid with them. For they considered the use of water for istinjaa’ to be

highly recommended, and some even considered it superior. This was the opinion of Sufayn’t-Thawri, Ibn’l-Mubarak,

as-Shafi`, Ahmad and Is’haq.” The prophetic tradition cited by Shehu Uthman ibn Fuduye` here is a clear refutation

against those who considered the use of water for istinjaa’ as reprehensible or who denied that the Prophet, may Allah

bless him and grant him peace did so. The Shehu transmitted in his Mirat’t-Tullab: “Allah taàla says regarding praise of

the people of Quba: ‘In it are men who love to purify themselves. Allah loves those who have a care for purity.’ It is

narrated in the tradition of Abu Hurayra, may Allah be pleased with him: ‘The Messenger of Allah, may Allah bless

him and grant him peace asked the people of Quba regarding the reason of the revelation of the verse: ‘In it are men

who love to purify themselves. Allah loves those who have a care for purity.’ They said: ‘We follow the purification

with stone with that of water.’ This is related by al-Bazaari and was authenticated by Ibn Huzayma. Its source is from

at-Tirmidhi and Abu Dawud.” In another narration he upon him be blessings and peace responded when they said that:

“It is like that, therefore hold to it”; which means following the stones with water is obligatory upon you. Shaykh

Abdullahi ibn Fuduye` said: “However this is highly recommended and not obligatory because the position of utilizing

stones is excused when there is a necessity, but not the removal of the impurity itself. This is because impurities are not

removed except with pure water.” Al-Àyni said: “The school of thought of the ancient and recent scholars which

consists of the agreement of the people of legal decisions from the metropoles of Islam is that it is best to join together

the use of water with stones; where the stones are utilized first, and then water in order to first remove most of the

impurities so that the hands do not come in direct contact with it. This is better and more precise for cleanliness. If the

person wants to limit it to one of them, then water is better due water’s natural ability to remove impurities and its

traces; while stones are able to remove the imurities themselves, but not its traces. However, the use of stones alone is

excused and the prayer of the one who uses them is valid.” This is conclusive proof that Shehu Uthman ibn Fuduye` did

not follow Imam Malik in all of his independent judgments, as Sultan Muhammad Bello cited in his Infaq’l-Maysuur:

“The Shehu used to say that cleansing the private parts of urine is an obligation which includes istinjaa’. Its description

is that he should began by washing his hands and then wash the place where the urine comes out, and then he should

wipe the place from which defecation is released with either a clump of earth or something else, or with his hand. He

should then rub his hands into the earth and then wash them with water. He should then follow this with making

istinjaa’ with water. When pouring the water he should make sure that it reaches to two openings of the private parts,

and he should shake his penis slightly. He should also renew the rubbing of the private parts with the hand until he is

certain it is cleaned of filth. It is not necessary for him to wash the inside of the two private parts, or for him to make

istinjaa’ as a result of breaking wind. Whenever he utilizes three stones for cleaning the private parts he should make

sure that the last one is clean.” So understand. 81 The meaning of his words: “Whenever the Messenger of Allah, may Allah bless him and grant him peace, entered the

toilet”, means in this context in order to take care of his needs based upon another narration: “Whenever he used to go

out to take care of his needs…”. The meaning of his words: “…I along with another boy used to accompany him

On What Has Been Related Regarding the Prohibition of Cleaning the Private Parts With the

Right Hand82 It has been related in the Saheeh of al-Bukhari on the authority of Abdullah ibn Abu Qatada

on the authority of his father,83 who said that the Prophet, may Allah bless him and grant him peace,

said: “Whenever anyone of you urinates, he should neither touch his penis with his right hand nor

clean his private parts with his right hand.”84

carrying…”, is that the boy referred to was from among the Ansaar as it was explicitly stated by al-Isma’ili in his

narration by way of Ibn Marzuq on the authority of Sha`ba: “I and a boy from among the Ansaar together used to go

out…”. Some of the scholars interpolate the expression ‘boy’ in the prophetic tradition to be Abu Hurayra because he

used to accompany the Prophet, may Allah bless him and grant him peace carrying a tumbler for his ablution and taking

care of his needs. The meaning of his words: “…a tumble (idaawa)”, where the letter hamza is inflected with kasra is a

small container made of leather. The meaning of his words: “…full of water which had an iron tip to it”, is that ‘the iron

tip’ means a long stick whose lowest part was actually a spearhead. It is said that it was a small spear which the Prophet,

may Allah bless him and grant him peace used to keep with him, so that when he made ablution and prayed, he would

plant it in front of him to obstruct people from passing in front of him. The meaning of his words: “…in order that he

might make istinjaa’ with water”, is that he might purify his private parts with water. It is the unanimous agreement of

the people of fearful awareness from the Imams of the different regions that it is better to join the use of water with the

use of stones, where the stones are utilized first in order to remove impurities and reduce direct contact with the hand

with impurities, and then utilize water. This prophetic tradition establishes that it is highly recommended to be far from

people as well as concealing oneself from the gaze of people when fulfilling one’s needs. In it also is established the

principle of being at the service of the righteous and the people of spiritual bounty as well taking blessings from them. 82 This means the prohibition of holding or touching the private parts with the right hand during istinjaa. 83 He was Abu Qatada al-Harith ibn Rabi` al-Ansari as-Salmi. He was one of the knights of the Messenger of Allah,

may Allah bless him and grant him peace, who was present at Uhud, the Treaty of Hudaybiyya and the Battle of the

Trench. It has been related by Salma ibn al-Akwa` on the authority of the Prophet, may Allah bless him and grant him

peace who said: “The best of my knights is Abu Qatada and the best of my foot-soldier is Salma ibn al-Akwa`.” He died

in the year 54 A.H. in Kufa when he was 70 years old, but it was as though he were merely 15. It was Ali who prayed

over him and made the takbir seven times. Among his children were the above mentioned Abdallah, Abd’r-Rahman,

Thabit, Ùbayd, Umm’l-Baneen and Umm Abaan. 84 The meaning of his words, upon him be blessings and peace: “Whenever anyone of you urinates”, or in other times

because this ruling is not restricted to urinating, but includes all times. As-Sindi said about the meaning his words:

“Whenever anyone of you urinates”, it should not be understood from this that the ruling is confined to this, but it was

mentioned here because this is the usual time when the private parts are held and touched. Thus, if holding the private

parts with the right hand is not fitting when one his taking care of one’s needs, then it is more proper not to do so at

other times. The meaning of his words, upon him be blessings and peace: “…he should neither take his penis”, is that he

should not touch his penis with his right hand since the expression ‘touching’ was explicitly utilized in a narration of

Muslim from Himam on the authority of Yahya. In the narration of al-Isma’ili it states unequivocally: “…he should not

touch…” The objective in utilizing the explanation of al-Bukhari is because touching the penis is more general than

taking hold of it. The meaning of his words, upon him be blessings and peace: “…with his right hand nor clean his

private parts with his right hand”, that is do not hold the penis with the right hand while pouring water with the left, but

pour the water with the right hand while holding the penis with the left. Some of the scholars extract from this the

prohibition of making istinjaa with the hand on which there is a ring engraved with the Name of Allah taàla, due to the

fact that the prohibition in this is in order to show honor to the right hand, then it is more proper to prohibit it if there is

a ring engraved with the Name of Allah taàla. It was cited in the al-Ùtbiyya on the authority of Malik that he did not

consider this reprehensible, but many of the legal experts from his companions considered it reprehensible. It is said that

the wisdom in this prohibition is that the right hand is customarily used for eating. Thus, if the right hand is used for

removing filth from the private parts or holding the penis, it is likely he will be mindful of this when eating and it will

be a nuisance. It says in the al-Mukhtasar: “It is not proper for the person freeing himself of urine that he pulls on his

penis, clear his throat, stand, sit directly on the earth or walk. He should free himself of urine by simply taking his penis

in his left hand and squeezing and shaking it slightly.”

On What Has Been Related Regarding the Obligations of Full Ritual Bath (ghusl)85

It has been related in the Saheeh of al-Bukhari on the authority of Umm Salama, the mother

of the believers86 who said: “Once Umm Sulaym, the wife of Abu Talha, came to the Prophet, may

Allah bless and grant him peace and said: “O Messenger of Allah! Verily Allah is not shy of telling

the truth. Is it obligatory for a woman to take a bath after she has a wet dream?” The Messenger of

Allah, may Allah bless him and grant him peace, replied, “Yes, if she notices a discharge.”87

85 The linguistic meaning of the expression ritual bath (ghusl) is the bathing of the entire body. Its meaning according to

the sharià is the inundation of the entire body with water, followed with rubbing with the intention to remove major

impurity or to make an obligation permissible. This should be done based upon specific order and number. The Shehu

mentioned the issue of the ritual bath before mentioning the issue of ablution because it is obligatory for the one who

first enters into the religion of Islam to ritually bath his body. 86 She was the mother of the believers, the Sayyida, modest and pure, Umm Salama Hind bint Abu Ummaya ibn al-

Mughira ibn Abdallah ibn Umar ibn Makhzum ibn Yaqtha ibn Murra al-Makhzumiyya. She was the daughter of the

uncle of Khalid ibn al-Walid and was the last of the mothers of the believers to die. She lived close to 90 years having

died in the year 59 A.H. in the month of Dhu’l-Qaìda. She transmitted 178 prophetic traditions of which al-Bukhari

and Muslim agreed upon 13. Al-Bukhari narrated 3 isolated prophetic traditions from her and Muslim narrated 13. 87 The meaning of the words of Umm Salama, may Allah be pleased with her: “Once Umm Sulaym, the wife of Abu

Talha”, is a reference to Umm Sulaym al-Ghamisa bint Milhan ibn Khalid ibn Zayd ibn Hiram ibn Jundub ibn Àamir

ibn Ghanim ibn Àsiy ibn an-Najaar al-Ansariyya al-Khazrajiyya. She was the mother of Anas ibn Malik the private

servant of the Prophet, may Allah bless him and grant him peace. Her husband, Malik ibn an-Nadr died and she then

married Abu Talha Zayd ibn Sahl al-Ansari, with whom she gave birth to Abu Ùmayr and Abdallah. She was among

the most spiritually virtuous of women. Thabit related on the authority of Anas who said that the Porphet, may Allah

bless him and grant him peace said: “I entered Paradise and I heard footsteps in front of me, and suddenly I was in the

presence of al-Ghamisa bint Milhan.” She transmitted 14 prophetic traditions of which al-Bukhari and Muslim agree on

a single tradition. Al-Bukhari narrated one isolated tradition from her while Muslim narrated two. The meaning of her

words: “O Messenger of Allah! Verily Allah is not shy of telling the truth”, is that variation and refraction do influence

Him, because this is impossible with regard the rights of Allah taàla. It is conceivable that what is meant here is that

Allah does not command people to be modest regarding the truth. Or that He does not forbid mentioning the truth. The

meaning of her words: “Is it obligatory for a woman to take a bath after she has a wet dream?”, is that it what a person

sees during sleep; which is called halam the letter haa inflected with fat’ha and ahtalim (wet dream). What is meant

here is the experiencing of a specific matter in it, which is a conjugal relationship. In a narration of Ahmad from a

prophetic tradition of Umm Sulaym that she said: “O Messenger of Allah when a woman sees that her husband is

having conjugal relationship with her during sleep, does she make the ritual bath?” Ibn Sahnun said regarding the

person sleeping who discovers discharge and he did not experience pleasure: “What he knows what occurred in his

sleep, then the ritual bath is obligatory upon him.” The meaning of his words, upon him be blessings and peace: “Yes, if

she notices a discharge”, is that she discovers ejaculatory fluid after waking up. In this is proof that every woman

experiences wet dreams. In it also is proof of the obligation of the ritual bath upon a woman due to ejaculation. Ahmad

narrated a prophetic tradition from Khawla bint Hakim a similar narrative where he upon him be blessings and peace

said: “The ritual bath is not obligatory upon her until she ejaculates the way a man ejaculates.” In this is refutation

against those who claim that fluid of a woman does not emerge, and that her ejaculation is known by her passion. They

interpolate his words: “…if she notices a discharge”, is that if she knows that it happened, Because the existence of

knowledge here is inconceivable, since what they mean by knowledge is what she saw during sleep. This is not a sound

legal judgment because a man if he sees in his sleep that he is having conjugal relations and knows that he ejaculated;

and then he awakens but does not discover wetness, then by unanimous agreement the ritual bath is not obligatory upon

him. And the is likewise with a woman. If what they mean by her knowledge that after she awakens, then this too is not

valid because what a person sees in sleep does not persists after they awaken, even if they are able to remember what

they saw. Thus, the judgment of a dream is based upon what is apparent is correct. In this prophetic tradition is also

established the right of women to seek a legal decision by themselves. Malik and his companions said: “What obligates

the ritual bath is the release of ejaculation fluid due to sexual pleasure experienced either through copulation or a wet

dream. It is also obligatory when the penis enters the vagina. It is also obligatory when a woman sees that she has

become pure from menstruation or the blood of after-birth.”

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra on the

authority of the Prophet, may Allah bless him and grant him peace who said: “When one sits

between the four parts of a woman and then exerts effort then the ritual bath is made obligatory.”88

It has been related in the narration of Muslim is the tradition of Mutar,89 that he, may Allah

bless him and grant him peace said: “…even if he does not ejaculate.”90

88 The meaning of his words, upon him be blessings and peace: “When one sits between the four parts of a woman”, is

that the plural expression ‘four parts’ means a section or part of a thing. It is said that what is meant here are her hands

and legs. It is said that it refers to her legs and thighs. It is said that it refers to her thighs and the inner lips of the vagina.

It is said that it refers to her thighs and labia. It is said that it means the four parts of her vagina. Al-Azhari said: “The

inner lips of the vagina are the actual area of the vagina; while the labia refer to its outer lips.” Al-Qadi Ìyad inclined

towards the latter interpolation, while Ibn Daqeeq’l-Èid chose the former interpolation. He said: “This is because it is

nearer to the reality or it is the reality when sitting.” Thus, ‘four parts’ is a catchword for conjugal relationship which

suffices from explicitly stating it. The meaning of his words, upon him be blessings and peace: “…and then exerts

effort”, means to reach the extreme limit of physical exertion. It is said that it means to toil with her in his movements or

to reach the extreme limit in exertion in actions with her. An-Nawwawi said: “The prophetic tradition means that the

obligation of the ritual bath does not stop with ejaculation only. One may misconstrue the meaning of the exertion to

actually mean ejaculation because this is the ultimate goal in copulation; however there is no proof for this in the

prophetic tradition. The correct answer is that what clearly demonstrates that it doesn’t stop with ejaculation is what was

narrated by Muslim by way of Mutar al-Waraaq on the authority of al-Hassan in the last part of the prophetic tradition:

‘…even if he does not ejaculate’.” This also occurs in what was related by Qatada which was narrated by Ibn

Khuthayma in his Tarikh on the authority of Àfaan who said: ‘Himam and Abaan narrated to us saying Qatada narrated

to us’ where he added in the end of the prophetic tradition: ‘…whether he ejaculates or does not ejaculate.’ This was

also related by ad-Daraqutni and was verified by way of Ali ibn Sahl on the authority of Àfaan. This was also

mentioned by Abu Dawud at-Tayalisi on the authority of Hamaad ibn Salma on the authority of Qatada. The meaning of

his words, upon him be blessings and peace: “…then the ritual bath is made obligatory”, is as an-Nawwawi said:

“Realize that now the Umma are unanimous regarding the obligation of the ritual bath due to copulation even if no

ejaculation accompanies it. There were a group of the Companions, however, who held to the view that the ritual bath is

only obligatory with ejaculation. Then some of them reversed their view, and later the consensus became unanimous

regarding that.” The prophetic tradition which proves this will be cited, Allah willing. 89 He was the Imam Abu Raja Mutar ibn Tahman as-Salmi al-Waraaq al-Khurasani, the truthful, the ascetic. He was the

freedman of Ìlba ibn Ahmar al-Yashkari. He was from among the right-acting scholars and those who transcribed the

Qur’anic scripture and authenticated them. It was for this reason that Mutar was called al-Waraaq (‘the scribe’). Mutar

al-Waraaq died in the year 129 A.H. He was the one who narrated the above mentioned prophetic tradition on the

authority of al-Hassan ibn Abu’l-Hassan al-Basri on the authority of Abu Raafi` Naqee` as-Saa’igh al-Medini on the

authority of Abu Hurayra ad-Dawsi. 90 The meaning of the prophetic tradition is that the obligation of the ritual bath does not stop with the release of sperm.

On the contrary, whenever the penis enters the vagina, then the ritual bath is obligatory upon the man and the woman.

Ibn Habib said: “The disappearance of the penis obligates the ritual bath, it obligates payment of the dowry, and

obligates the status of matrimony and what is normally prohibited during the pilgrimage. In addition the disappearance

of the penis in the vagina invalidates pilgrimage and fasting and obligates the punitive punishment for the one who

commits adultery or fornication.” The scholars of the Shafi` madh’hab say that if the head of the penis enters the anus of

a woman, that of another man, or the vagina or anus of an animal, then the ritual bath is obligatory; and this is

regardless of whether either or alive, dead, young or mature. Further, this is regardless if it is done intentionally or as a

result of heedlessness. And it is also regardless if whether it was done by choice of forced; or even if a man enters his

penis into the vagina of a woman, while he was fast asleep. This judgment applies whether the entire penis entered or

not; or whether the penis was circumcised or not. In each of the above mentioned situations the ritual bath is obligatory

upon the one who does it and the one to whom it is done to. There is his saying, may Allah bless him and grant him

peace: “The touching of the circumcised part with the circumcised part obligates the ritual bath.” The scholars say that

this means that when your penis penetrates the vagina of a woman and does not mean actual touching. This is because

the circumcision of the woman is performed upon the highest part of her vagina, which the penis does not normally

touch during copulation. The scholars agree that if a man places his penis upon the area of the woman’s vagina which is

normally circumcised and does not penetrate the actual vagina, then the ritual bath is not obligatory upon him nor her.

This is evidence that what is meant is what we mentioned.

On What Has Been Related Regarding the Description of the Ritual Bath

It has been related in the Saheeh of al-Bukhari on the authority of A’isha, may Allah be

pleased with her, said: “Whenever the Prophet, may Allah bless him and grant him peace, took a

bath (ghusl) after major impurity (janaaba), he would begin by washing91 his hands and then he

would perform ablution (wudu) like that for prayer. After that he would put his finger in the water

and rub the roots of his hair with them, and then he would pour three handfuls of water over his

head. After that he would pour water all over his body.”92

91 Here ends facsimile 9 of the Arabic manuscript. 92 The meaning of her words: “Whenever the Prophet, may Allah bless him and grant him peace, took a bath (ghusl)

after major impurity (janaaba)”, is that he initiated it as a lawful action. The genitive particle min (from) in her words:

‘after major impurity’ means causality. The meaning of her words: “…he would begin by washing his hands…”, is that

it is conceivable that it was the lawful washing of the hands usually done after rising from sleep. What proves this

opinion is the additional expressions transmitted by Ibn Ùyayna in a prophetic tradition on the authority of Hisham:

“…before entering them in the water container”; as it was related by as-Shafi` and at-Tirmidhi. In the narration of

Muslim on the authority of Abu Muàwiyya, he adds: “…then he would wash his private parts”. Abu Dawud joined

both of these opinions together in a narration he related on the authority of Hamaad ibn Hisham which is a significant

enhancement of the original meaning of the prophetic tradition because with the washing of the two hands prior to

anything else causes assurance that the private parts will not be touched during the course of the ritual bath. The

meaning of her words: “…and then he would perform ablution (wudu) like that for prayer”, means in accordance with

the well known ablution in the sharià. Ibn’l-Qasim and Ibn Nafi` said on the authority of Malik: “If the ablution is not

performed before the ritual bath or after it, the ritual bath is still valid since his hands passes over the places of

ablution.” Malik also said: “It is not an obligation for the person ritually impure (junub) to perform ablution. What is

incumbent upon him is the performance of the ritual bath.” The meaning of her words: “After that he would put his

fingers in the water and rub the roots of his hair with them”, this means the roots of the hair of his head or the roots of

the hair of his body. Qadi Ìyad said: “This statement required some of the jurists to extract the opinion of the running

of the fingers through the hair of the body during the ritual bath based either on the general statement of her words: ‘the

roots of his hair’ or based on the legal analogy (qiyaas) of the meaning of expression ‘the hair of the head’.” The

advantage of running the fingers through the hair is in order to cause the water to reach all parts of the hair as well as the

skin. The advantage of directly touching the hair with the hand is in order to cause the water to pervade the entire body.

Getting the skin accustomed to being rubbed directly is in order that nothing harmful affects the skin from the water

while it is being poured over it. Finally, the running of the fingers through the hair of the head is not an obligation with

the followers of As-Shafi` except when the hair matted with something which prevents water from reaching its roots.

The meaning of her words: “…and then he would pour three handfuls of water over his head”, is that the plural form of

handful means the amount of water that can be taken in palms of the hands. In this expression indicates that it is highly

recommended to repeat all washing during the ritual bath three times. An-Nawwawi said: “We do not know of any

disagreement in that except what al-Mawardi singularly held when he said: ‘Repetition is not highly recommended

during the ritual bath’. I say, however, this was similar to the statement of Shaykh Abu Ali as-Sanji in his commentary

of the al-Furu` and likewise in the opinion of al-Qurtubi.” The meaning of her words: “After that he would pour water

all over his body”, is that he would completely inundate his body with water, because immersion means inundation.

Those who do not make rubbing a prerequisite of the ritual bath use this expression as evidence; which is the apparent

meaning of the expression. Al-Maziri said: “There is no evidence for this because the meaning of inundation includes

the meaning of washing.”

In it93 on the authority of A’isha also: “That whenever the Prophet, may Allah bless him

and grant him peace used to take a ghusl from janaaba, he would call for something close to the

size of a medium container. He would take hold of its handle and pour over his head; the right side

then the left.”94 In it95 on the authority of A’isha may Allah be pleased with her: “When one of us

became ritually impure she would take with her two hands three times over her head and then she

would rub the right side of her body with one hand and rub the left side of the body with the other

hand.”96

93 That it is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Ritual

Bath also. 94 The meaning of her words: “…he would call for something close to the size of a medium container”, is that he would

ask for a container which was close to one considered medium size. Abu Àasim described it as being smaller than a

hand span based upon the size of a hand span related by Abu Àwaana in his Saheeh. In the narration of Ibn Hibaan it

states: “Abu Àasim indicated the meaning of this with his two palms.” It was as if he indicated with his two handspans

the amount of water which could reach the highest edge of his hands. In the narration of al-Bayhaqi: “It was like the

amount of a jug which could hold eight pounds of water.” The meaning of her words: “He would take hold of its handle

and pour over his head; the right side then the left”, is that then he would take his two palms as it was stated explicitly in

the narration of Muslim: “He would take with his two palms…”. He then said: “…with them over his head.” In the

narration of al-Isma’ili: “…he would then take water with his two palms and pour it over his head.” Each of these two

narrative indicate that he would take his two palms in pouring three handfuls of water, as it was explicitly stated in the

narration of Abu Àwaana. In this prophetic tradition establishes that it is highly recommended to begin with the right

side of the body in all acts of purification. It is in this way that Ibn Khuzayma and al-Bayhaqi interpolated it. In it also is

established the permissibility of making the ritual bath with merely three handfuls of water. It is in this way that Ibn

Hibaan interpolated it as Imam Ibn Hajr stated in his Fat’h’l-Baari. 95 That it is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Ritual

Bath also. 96 The meaning of her words: “When one of us became”, is reference to the wives of the Prophet, may Allah bless him

and grant him peace. In this prophetic tradition is the institution of a legal proceeding because its apparent meaning is

that the Prophet, may Allah bless him and grant him peace was acquainted with that. This was the determination of al-

Bukhari based upon meaning of words of a Companion when he said: “We used to do so-and-so” which comprise the

institution of a legal proceeding regardless if it was clearly attributed to his time may Allah bless him and grant him

peace or not. It was based upon this opinion that al-Hakim adjudicated. The meaning of her words: “…ritually impure

she would take with her two hands”, is that she would take pure water in her hands. The meaning of her words: “…three

times over her head”, is that she would pour it over her head. The meaning of her words: “…and then she would rub the

right side of her body with one hand and rub the left side of the body with the other hand”, is that she would take her

hands and follow the water with rubbing over right side of the body first, and then take her other hand and follow the

water with rubbing over the left side of the body. Al-Karmani said that what is meant here by the right side of a person

is from his head to his feet. This interpolation is compatible with the apparent meaning of the tradition. The Shehu, may

the mercy of Allah be upon him said in his Umdat’l-Bayaan in the chapter on the obligations of the ritual bath and its

sunnan: “The obligations of ghusl are five: [1] intention (niyya); [2] covering the entire body with water; [3] continuity;

[4] wiping the entire body; and [5] making water penetrate the hair. Its sunnan are four: [1] beginning with washing the

hands up to the wrists; [2] rinsing the mouth; [3] sniffing water; and [4] wiping the earlobes.” Shaykh Abdullahi ibn

Fuduye`, may Allah be merciful to him said in his Diya Ùluum’d-Deen regarding the description of the ritual bath:

“The methodology of the ritual bath is that the water container should be placed on his right side. He should then wash

his hands three times. He should then wash his private parts by removing impurities from his body if there are any. He

should then perform the ablution like the ablution of the prayer. He should then pour water upon his head while washing

it three times. He should then pour water over the right side of his body and then the left side, making sure to rub all the

places that the water flows over from the front to the back of his body. He should also rub within his beard so that the

water can reach underneath it, especially if it is thick. He must be committed to washing and rubbing the curves of the

body, making sure to stay clear of touching the private parts. If, however, he does touch it, then he should simply repeat

the ablution only.”

On What Has Been Related Regarding The Obligation of Ablution (wudu)97

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said

that the Messenger of Allah, may Allah bless him and grant him peace said: “The prayer is not

accepted from a person who is impure (hadath) until he performs the ablution (wudu).”98

It has been related in the Saheeh of Muslim on the authority of Umar ibn al-Khataab, who

said that the Messenger of Allah, may Allah bless him and grant him peace said: “Prayer is not

accepted except after purification (tuhuur).”99

97 The expression waduu’u with the letter waw inflected with fat’ha actually means the water with which one makes

ablution; while the expression wuduu’u with the letter inflected with damma is the action itself of ablution. For the

ablution for the prayer is known and it comprises the washing of some of the bodily limbs and the wiping of some in

order to remove minor impurity. These bodily limbs are eight: the two hands, the mouth, the nose, the face, the two

arms up the elbows, the two feet, the head and the two ears. Ablution was made obligatory by His words: “O you who

believe, when you stand for the prayer wash your faces and your hands to the elbows, and wipe your head, and wash

your feet to the ankles.” The Shehu may the mercy of Allah be upon him said in his Mirat’t-Tullab: “I say: The

consensus of the umma is unanimous regarding the obligation of ablution. Imam al-Bukhari said in his Saheeh: “The

Prophet, may Allah bless him and grant him peace clarified that the obligation (fard) of ablution is to wash one time,

and that ablution also is valid twice and three times, but he must not exceed three times. The people of knowledge

dislike (kariha) being excessive with water (israaf) during the ablution. One should not surpass the actions of the

Prophet, may Allah bless him and grant peace.” He also said in his Umdat’l-Bayaan regarding the obligations and

sunnan of ablution: “The obligations (fara'id) of wudu are seven: [1] intention (niyya); [2] washing the entire face; [3]

washing the hands up to the elbows; [4] wiping over the entire head; [5] washing the feet up to the ankles; [6] rubbing;

and [7] continuity. The sunan of wudu are eight: [1] washing the hands to the wrists at the beginning; [2] rinsing the

mouth; [3] sniffing up water in the nose; [4] blowing it out; [5] bringing the hands back to the front when wiping the

head; [6] wiping the exterior and interior of the ears; [7] taking fresh water for wiping the ears; and [8] following the

correct order of the obligations.” 98 The meaning of his words, upon him be blessings and peace: “The prayer is not accepted”, what is meant here by

acceptance is that which is synonymous with soundness (sihha) which is validity. For the reality of acceptance is the

reward of performance of and act of obedience as recompense for that which is blameworthy being extract from it. This

is due to the fact of it being performed in accordance with its prerequisites hoping for the recompense which acceptance

is just one of its outcomes, where the expression acceptance is used as a metaphor. As for the acceptance which is

negated it is like his words, may Allah bless him and grant him peace: “Whoever goes to a soothsayer, then his prayers

will not be accepted.” This is the reality because even though the outward actions of the prayer are sound, yet

acceptance is contradicted by something which prevents it. It is for this reason that some of the ancestors said: “To have

a single prayer of mine accepted is more dear to me than the entire world.” It was Ibn Umar who said it; and he added:

“This is because Allah taàla says: ‘Verily Allah accepts from those who are fearfully aware’.” The meaning of his

words, upon him be blessings and peace: “…from a person who is impure”, that he discovers that he has minor

impurity, and what is meant by this is what comes out of the two private parts, (such as urine, defecation and gas). The

prophetic tradition is proof of the invalidity of the prayer of a person in minor impurity regardless if what comes out

does so by choice or necessity. It also proves that ablution is not an obligation for every prayer. The meaning of his

words, upon him be blessings and peace: “…until he performs the ablution”, that is with water or with what stands in its

place. It has been narrated by an-Nisaai’ with a string chain of authority on the authority of Abu Dharr going back to the

Prophet, may Allah bless him and grant him peace: “High pure earth is the means of ablution of the believe.” Thus, the

Lawgiver designated that tayammamu is ablution because it stands in its place. It is not hidden that what is meant by

acceptance of prayer from the one who is in minor impurity being with ablution, implies that it must accompany all the

remainder of the prerequisites of the prayer. 99 The expression tuhuur with the letter taa inflected with damma means purification and in this case it means ablution

and what represents it such as tayammamu and the ritual bath. This prophetic tradition is textual evidence of the

obligation of purification for the prayer. The Umma is unanimous regarding the fact that purification is one of the

prerequisites in the soundness of the prayer. Qadi Ìyad said: “They disagree as to when was the obligation of

purification for prayer made. Ibn ‘l-Jahm held the opinion that ablution in the very beginning of Islam was simply a

sunna, then its obligation was revealed with the verse regarding tayammamu.” However, the majority of the scholars

say: “Rather, it was obligatory before that.” Qadi Ìyad also said: “They disagree regarding whether the ablution was

made obligatory upon everyone who stands for prayer or upon the person specifically in minor impurity. A group from

On What Has Been Related Regarding the Description of Ablution (Wudu)

It has been related in the Saheeh of al-Bukhari on the authority of ‘Amr ibn Abu Hasan100

that he asked Abdallah ibn Zayd101 about the ablution of the Messenger of Allah, may Allah bless

him and grant him peace. He then asked for earthenware pot containing water and in front of them

he performed the ablution like that of the Prophet, may Allah bless him and grant him peace. He

poured water from the pot over his hands and washed them three times. He then placed his hands in

the pot and rinsed his mouth out and washed his nose by snorting water in it and then blowing it out

with three handfuls of water. Again he put his hands in the water and washed his face three times

and washed102 his forearms up to the elbows twice. He then placed his hands in the water and

passed them over his head by bringing them back and forth once. He then washed his feet up to the

ankles.”103

among the ancestors held the view that ablution was to be performed for every prayer as an obligation taking as proof

the words of Allah taàla: ‘For when you stand for the prayer’. While some of the people held that this was abrogated

and that the command in the verse had the meaning of being highly recommended. It is said that the ablution was not

made lawful except for the one in minor impurity, however, that renewing the ablution for every prayer was merely

highly recommended. It is in accordance with this view that the people of legal decisions agree after that, and there does

not remain among them anyone who differs. Thus, the meaning of the words is: ‘…when one of you are in a state of

minor impurity…’.” 100 The above mentioned Àmr was the son of Yahya ibn Àmaara and was the teacher of the aforementioned Malik.

Àmr ibn Abu Hasan was the uncle of his father as we mentioned him previously. He was named here after his

grandfather simply as a metaphor. 101 He was Abdallah ibn Zayd ibn Àasim ibn Ka`b al-Mazini an-Najaari, the singular companion who transmitted the

prophetic tradition regarding ablution. He was among the spiritually elite of the Companions, who was mentioned by

Ibn Mandah alone as being among the people of Badr. Abu Umar ibn Abd’l-Barr and others said: “Rather, he was

among the people of the Battle of Uhud and later was among those who killed Musaylama with the sword along with an

arrow accompanied with the spear of Wahshi.” It is said that he was killed on the Day of Harra in the year 63 A.H. 102 Here ends facsimile 10 of the Arabic manuscript. 103 The meaning of his words: “He then asked for an earthenware pot containing water”, means as al-Jawhari said:

“While a water container (inaa) is a container from which it is normal to drink from, the water container (taur)

mentioned in the prophetic tradition is most likely a container that Abdallah ibn Zayd usually used to perform ablution

whenever he was asked about the description of the ablution. Thus, from this perspective it became the most effective

means of transmitting the outward depiction of the situation.” The meaning of his words: “…and in front of them”, that

is that he performed it on their behalf. The meaning of his words: “…he performed the ablution like that of the Prophet,

may Allah bless him and grant him peace”, that is to say like the ablution of that of the Prophet, may Allah bless him

and grant him peace. By mentioning the ablution of the Prophet unrestrictedly it was more expressive. The actions of

Abdallah ibn Zayd give proof that instructions occur through actual demonstration. The meaning of his words: “...He

poured water from the pot over his hands and washed them three times”, in this is the legal judgment that washing the

hands occurs before entering them into the water container, even when a person was not previously sleep. What is

meant by the two hands here is the actual hands only. The meaning of his words: “...He then placed his hands in the pot

and rinsed his mouth out and washed his nose by snorting water in it and then blowing it out with three handfuls of

water”, is made clear by the narration of al-Kahshmayhini which states: “He rinsed his mouth and snorted water up his

nose.” Now, blowing the water out of one’s is implied by the expression ‘snorting water up the nose’, but not the

reverse. Muslim on the other hand has a narration from the above mentioned Khalid which states: “He then entered his

hands and brought it out and rinsed his mouth.” All of these narrations give proof of the performing of rinsing the

mouth prior to sniffing water up the nose, due to the fact that in each narration the two phrases are made conjunct by the

conjunctive particle faa, which means subsequence. In this phrase is much research, among the meanings being that he

would join them three times each one with a handful of water. It is also conceivable that the judgment is tied to the

phrase: “three times”; meaning that he would join to two actions three times with a single handful of water. However,

the first interpolation is consistent with the remaining narrations regarding this, which makes its judgment foremost.

The meaning of his words: “... Again he put his hand in the water and washed his face three times”, however the

expression which occurs in the narrations of Ibn Àsakir and Ibn ‘l-Waqt by way of Sulayman ibn Bilal: “He then

entered his two hands…” utilizing duality. However, this is not mentioned in the narrations of Abu Dharr, or al-Usayli,

nor in any of the narrations which have been related in the sound prophetic traditions; as an-Nawwawi said. I assume

that the water container cited was small and would only suffice for one of the hands to be entered into it. He would then

transfer the water to the other as it was clearly mentioned in the prophetic tradition of Ibn Abass. However, scooping up

water with both hands together is easier and nearer to the correct interpolation of the prophetic tradition. Also in this

regard is what Ahmad and al-Hakim related on the authority of Aìsha, may Allah be pleased with her that the

Messenger of Allah, may Allah bless him and grant him peace used to run the fingers through his beard with water. The

meaning of his words: “…and washed his forearms twice”, means that he would wash the entire hand twice as it was

mentioned in the narration by way of Malik: “…then he would wash his two hands twice and then twice.” Thus, it does

not mean that he distributed the washing twice between the two hands, because this would imply that he only washed

each hand once. The meaning of his words: “...up to the elbows”, here the scholars differ whether the elbows are to be

actually included in the washing or not? The greater majority of the scholars said: “Yes and some of them transmitted

this opinion on the authority of Malik.” Some of them relied in this on the majority that the genitive particle (ila) ‘to’ in

the Qur’anic verse means ‘inclusion’ (maà) based upon the words of Allah taàla: “And do not consume their wealth

with (ila) your wealth.” Thus, when Allah revealed His words: “…up to the elbows”, it remained that the elbows were to

be washed along with the rest of the arm, simply by right of the name. However, the inclusion of the elbows and its

exclusion in terms of legal ruling revolves around evidence. Allah taàla says: “…then complete the fast until (ila) the

night.” This is clear evidence that the meaning of the expression ‘to’ (ila) is not inclusive and is a prohibition of

constant fasting without breaking it. In another example, a speaker may say: “I have memorized the Qur’an from its

beginning to (ila) its end.” This, on the other hand, gives evidence that the phrase ‘to’ (ila) means inclusive because the

words means he memorized the entire Qur’an. Further proof of the inclusion of the two elbows in the washing is based

upon the actual actions of the Prophet, may Allah bless him and grant him peace as it was related by ad-Daruqutni with

an excellent chain of authority from a prophetic tradition of Uthman in the narrative regarding ablution: “…he then

washed his two arms until he exceeded the elbow.” In a narration by at-Tahawi and at-Tabarani from a prophetic

tradition of Thaàlaba ibn Ùbad on the authority of his father going back to the Prophet: “…He then washed his two

arms until the water flowed over the two elbows.” The elbow (mirfaq) with the letter mim inflected with kasra and the

letter qaaf inflected with fat’ha, is the major bone which lies at the end of the arm. It is named mirfaq (elbow) because it

is leaned upon when reclining and the like. The meaning of his words: “He then placed his hands in the water and

passed it over his head”, here Ibn at-Tibaa` added the phrase: “…the entire…” as it is stated in the narration of Ibn

Khuzayma. In the narration of Khalid ibn Abdallah it states: “…with his head…” with the genitive particle baa. Al-

Qurtubi said: “The genitive particle baa is to indicate transcendence which exceeds its bounds and affirms it; like your

saying: ‘I wiped the head of the orphan’ and ‘I wiped (with) the head of the orphan’; where it is said that the genitive

particle is utilized to indicate another broader meaning. It is that washing linguistically which has the judgment of being

washed by means of something; while wiping does not imply in its judgment wiping by means of something. Thus, had

Allah taàla said: ‘…and wipe your heads’ (without including the genitive particle baa), then it would carry the

judgment that the wiping could happen without water. However, the actual legal judgment is that the head is to be

wiped with water.” The meaning of his words: “…by bringing them back and forth once”, means as the narration Malik

specified beginning with the front of the head as he interpolated the expression: ‘bringing them back’ to be a

designation for an action from its beginning. That is to say, that he began from the front of the head. However many

other interpolations are give regarding this. The wisdom in this going back and forth is to include the two sides of the

head during the wiping. This judgment is specific for the one who has hair. The widespread opinion of those who make

it incumbent to cover the entire head is that the first wiping of the head is an obligation, while the second wiping is

Sunna. It is from here clarification is made of the weakness of taking this prophetic tradition as proof for the obligation

of wiping the entire head. And Allah knows best. Abu Zayd’l-Qayrawani said: “He should take water for wiping the

head with his two hands, then release it; or he can pour the water from one hand to the other. He should then wipe his

head with his two hands from the roots of his hair on his forehead until the bondaries of his hair at the nap of his neck.

He should then return them to the place where they began.” The meaning of his words: “…He then washed his feet up

to the ankles”, is as it has been related on the authority of Ibn’l-Qasim on the authority of Malik that the ankle is the

protruding bone which lies at the upper part of the foot and the place of the socks. Ibn Habib said: “The obligations of

ablution are what are mentioned from it in the Qur’an, while what is Sunnan from ablution are the rinsing of the mouth,

the sniffing and blowing water from the nose, and the wiping of the two ears. Whoever forgets anything from the

obligations is to always repeat the prayer. Whoever forgets anything from the Sunnan does not have to repeat it. This is

the view of Malik and his companions.”

In it104 in the prophetic tradition of Uthman:105 “He would wash his hands up to the

elbows three times.”106

On What Has Been Related Regarding Performing the Ablution Properly

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra who said:

“Perform your ablution properly for verily Abu’l-Qaasim, may Allah bless him and grant him peace,

said: “Woe to the heels from the Hell-Fires.”107

104 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of Ablution.

This prophetic tradition was related on the authority of Himraan, the freedman of Uthman ibn Àfan, may Allah taàla

be pleased with both of them. 105 He was Amir’l-Mu’mineen Uthman ibn Àfan, the possessor of the Two Lights. He was well known with this

cognomen because he married two of the daughters of the Prophet, may Allah bless him and grant him peace, one after

the other. It was related by Abu Sa`d al-Malayni with chain of authority which is weak on the authority of Sahl ibn Sa`d

who said: “Uthman was called Dhu’n-Nuurayn because whenever he transfers from one place to another in Paradise two

thunderbolts will ignite. It is for this reason he is called with this name.” He was one of the ten men guaranteed

Paradise. 106 The full text of the prophetic tradition which was related on the authority Himran, the freedman of Uthman ibn

Àfan was that he saw Uthman ibn Àfan call for water to perform the ablution. He then poured some water from the

container onto his two hands and washed them three times. He then entered his right hand in the ablution water, and

then rinsed his mouth, sniffed water up his nose and blew it out. He then washed his face three times and his hands up to

the elbows three times. He then wiped his head, and then washed the whole of his feet three times. He then said: “I saw

the Prophet, may Allah bless him and grant him peace make ablution like this ablution of mine, and he then said:

‘Whoever makes ablution in the manner that I made ablution, and then prays two rakàts without his soul making

premonistions in them, Allah will forgive him for what has preceded from his sins’.” Shaykh Abdullahi ibn Fuduye`,

may the mercy of Allah be upon him said in his Diya Ùluum ‘d-Deen regarding the description of the ablution: “As for

the methodoly of ablution it is that the one performing it should wash his hands three times before entering them in the

water container while making the intention to remove minor impurity or to make the prayer permissible. He should

allow his intention to persist up until he washes his face. He should then take a handful of water in his right hand and

rinse his mouth three times with it. If he is not fasting he should allow the water to reach the back of the throat. Then he

should take a handful of water ans sniff water up the nose and blow it out three times. He should then take two handfuls

of water in one scoop and wash his face from the fourhead until the ending of his beard, and from ear to ear, as well as

lightly wash the beard three times. He should then wash his two hands to the elbows three times making sure to

interlace his fingers. Then he should wipe his entire head joining the tips of fingers of his left hand with those of his

right place them on the front of his head and pass them to the nap of his neck. He should then return them to the front.

He would then wipe the outer and inner earlobe. Then he should wash his two feet beginning with the right one, then the

left, and he should interlace his fingers between his toes, beginning with the smallest toe of the right foot and ending

with the smallest toe of the left foot. He should then raise his head to the heavens and say: ‘I bear witness that there is

no deity except Allah the One without partner and I bear witness that Muhammad is His servant and messenger. O Allah

make me among those who repent, make me among those who have a care for purity and make me among Your

righteous servants’.” 107 The meaning of his words: “performing the ablution properly”, is to perform it perfectly, as if he saw in the

performance of their ablution some deficiencies and feared for them. The meaning of his words: “…for verily Abu’l-

Qaasim, may Allah bless him and grant him peace, said”, is that he mentions the Messenger of Allah, may Allah bless

him and grant him peace, by using his honorific name (kunya) which is an excellent act. However, mentioning him by

means of his attribution to messengership is better. The meaning of his words upon him be blessings and peace: “Woe”,

is that the disagreement regarding the actual meaning of this expression is diverse. The most apparent meaning is what

was related by Ibn Hibban in his Saheeh from a prophetic tradition of Abu Saìd, going back to the Prophet: “Woe

(wayl) is a valley within Jahannim (Hell Fires).” The meaning of his words upon him be blessings and peace: “…to the

heels”, is that the heel is the end of the foot. The meaning of his words upon him be blessings and peace: “…from the

Hell-Fires”, is as al-Baghawi said: “It means: ‘Woe to the owners of the heels who are deficient in washing them.” It is

said that the heels are specified for punishment because of the tendency to be negligent in washing them. In this

prophetic tradition is the principle that a scholar can give the evidence for the basis of his legal decision so that the legal

decision can have more impression on the soul of the one listening.

On What Has Been Related Regarding Wiping the Leather Socks (khuffayn)108

It has been related in the Saheeh of al-Bukhari on the authority of Sa’d ibn Abi Waqqas109

that the Messenger of Allah, may Allah bless him and grant him peace, used to wipe over the

leather socks (khuffayn).”110

108 This is with the precondition that the two leather socks are manufactured from leather skin which is pure. This

means that it must be produced from the skin of a pure animal, and not the skin of carrion, even if it has been tanned; as

the followers of Malik assert. Ibn al-Mundhir transmitted on the authority of Ibn al-Mubarak who said: “There is no

disagreement among the Companions regarding the wiping over the leather socks.” Ibn Abd’l-Barr said: “I do not know

of any narration from anyone of the jurists of the early ancestors who objected to it except from what was related on the

authority of Malik; along with the fact that the sound narrations from him explicitly establish it, as it will be presented

Allah ta`ala willing in the commentary of the prophetic tradition. The well known and established opinions which them

now comes down to two opinions: [1] it is absolutely permissible; and [2] that it is permissible for the one traveling and

not the one domicile. The second one is cited in the al-Mudawwana as well as on the authority of Ibn Nafi` in the al-

Mabsuta. It is well known that Malik specified for himself to stop doing it, although he passed legal decision regarding

its permissibility.” Ibn Habib said that both Mutraf and Ibn al-Majushun said: “There is no disagreement regarding

wiping the leather socks among the people of the Sunna and we do not know of Malik on anyone besides him from our

scholars who objected to that, that is who objected to the wiping of the two leather socks, while resident or traveling.” 109 He was Abu Is’haq Sa`d ibn Abi Waqqas Malik ibn Uhayb ibn Abdumanaf ibn Zuhra ibn Kilab ibn Luway al-

Qurayshi az-Zuhri al-Mekki. He was one of the Ten Promised Paradise, and one of the foremost notables of the

Companions. He was present at the battle of Badr, and the treaty of Hudaybiyya. He was one of the six of the People of

consultation. He was an amir. From him was transmitted 270 prophetic traditions, of which 15 are narrated in the two

Saheeh collections; while al-Bukhari transmitted 5 isolated prophetic traditions from him, and Muslim transmitted 10.

He died in the year 55 A.H. at the age of 82. 110 There has been transmitted on the authority of Malik many narrations regarding this. The most prominent position of

his madh’hab in this issue is like the opinion of the majority. A large group of people outside of the companions have

transmitted the permissibility of wiping of the two leather socks. Al-Hassan al-Basri said: “Seventy of the Companions

of the Messenger of Allah, may Allah bless him and grant him peace narrated to me that the Messenger of Allah, may

Allah bless him and grant him peace used to wipe over the two leather socks.” The scholars, however, differ regarding

whether wiping over the two leather socks or whether washing the feet is better. The large contingent of the

Companions and the scholars after them held to the view that washing the feet is superior because it is the fundamental

ruling; while a large contingent among the second generation (Taabi`uun) held to the view that wiping over the leather

socks is superior. Malik said regarding the soundness of wiping over the two leather socks: “He should take water in his

hands and then release it and then wipe with one hand over the top of the leather sock and with the other hand over the

bottom and cover the area which is normally washed during ablution.” With the ending of his quote, I have ended the

commentary upon the Book of Purification and success is with Allah. O Allah I ask You for every good which Your

knowledge encompenses in this world and the Next, and I seek refuge with You from every evil which Your knowledge

encompenses in the this world and the Next. O Allah give us success in following the Sunna of Your prophet,

Muhammad, may Allah bless him and grant him peace, outwardly and inwardly, by his rank that he has with You.

Kitaab’l-Haid (The Book of Menstruation)111

On What Has Been Related Regarding the Extent of Menstruation It has been related in the Saheeh of al-Bukhari on the authority of ‘Ataa’112 who said: “The

extent of menstruation is one day up to fifteen days.”113

111 The etymological root of ‘menstruation’ is from ‘the flowing’ or ‘leaking’ of blood. Customarily, it is the flowing of

the blood of women from a specific place during known times. It has been related by al-Hakim and Ibn’l-Mundhir with

a sound chain on the authority of Ibn Abass: “Menstruation initially began with Hawwa after she was cast down from

Paradise.” Allah taàla says: “They ask you about menstruation, say: It is a detriment so avoid women during their

menstruation.” 112 He was the Shaykh’l-Islam, the Imam Abu Muhammad Àtaa’ ibn Abi Ribaah Aslam al-Qurayshi’l-Mekki. He was

among the notables of the Taabiùun. He was one described as being eyed, pug-nosed, cripple and lame. He was also

described as being exceedingly black and completely bald. It was the unanimous opinion of the scholars of his time and

after that he was veracious and reliable in his jurisprudential views and had amassed an exceeding amount of prophetic

traditions. When he spoke he was the most eloquent of men. He died in the year 114 A.H.. 113 The meaning of the words of Àtaa’: “The extent of menstruation is one day up to fifteen days” is made clear in

the narration of ad-Darimi in a sound chain of authority: “The maximum limit of menstruation is fifteen days, while its

least limit is a single day.” Ad-Daruqutni narrated a prophetic tradition using the following wording: “The least time of

menstruation is a single day while the maximum time of menstruation is fifteen days.” The Shehu, may the mercy of

Allah be upon him said in Umdat’l-Bayaan in the section on menstruation: “Menstruation (haid) is yellowish or peach

colored blood which issues by itself from the front of the woman which normally occurs, even if only a quantity flows

out at once. The maximum period which it occurs for the woman menstruating for the first time is half of a month, like

the minimum period of purity for the one who normally has menstruation. In such a case, she should wash three times

taking precaution (istidhhaar) of her maximum period when it does not last for half a month. Only then is she purified.

For the pregnant woman, the maximum period is twenty days. Is what occurs before three months like what occurs after

three months, or like the regular period? In this there are two opinions. If the bleeding stops, the days are considered to

be false menstruation. Then she after bringing together the days of menstruation and the days of taking precaution, the

woman continuing to have an issue of blood (mustahaadatun) should bath as soon as the blood ceases. She can then

commence fasting, praying, and enjoying intercourse. She is pure (tuhr) with dryness or with the final discharge

(qassa). This is more so for the woman having menstruation for the first time. She should wait for the discharge at the

end of the specific time. She does not have to see if she is pure before dawn, only at the time of sleep and at the time of

the subh prayer. Menstruation prevents the soundness (sihhat) of prayer with its obligations, fasting with its obligations,

divorce, the initiation of the waiting period (ìddat), vaginal intercourse (or fondling below the waist wrap) even after

the blood has cleared before washing with water, tayammum, entering the mosque and touching the Qur’an - but not

reciting it.” He also said in his Mirat’t-Tullab: “As-Shabrakheeti said in his commentary upon the al-Mukhtasar about

the words of the author: “Even if it is gush.” - It is an indication of the explanation of the least amount of time of

menstruation with regard to the flow of blood. As for the maximum period with regard to it, there is no limit to it.” I

say: As for the least amount of time for purification, it is fifteen days. Among the advantages of renewing the least

amount of time for purification from menstruation is in worship where the blood which flows before the customary time

is void, for the one whose blood flow is more for the beginner or others”, this is what as-Shabrakheeti said in his

commentary upon the al-Mukhtasar.” Muhammad ibn Maslama said: “The least amount of time of menstruation

customarily is three days. The maximum amount of it’s days are fifteen. When a woman menstruates for a day and is

clean for day, and she devises that the normal extent of her menstruation is fifteen days every month, then she should

not consider her menstruation completed until she determines that the days of the flowing of blood is more than fifteen

days in every month. Or if she determines that the days of her being pure is less than fifteen days, then in that case she is

in a state of being purified from menstruation”. The least amount of time for the blood of after birth with Abu Hanifa is

fifteen days. The maximum days for the majority of the scholars are sixty, while with Abu Hanifa it is forty days. The

maximum days for menstruation with Malik differ according to the differences of women. It is fifteen days for the

woman beginning her menstruation while for woman accustomed to menstruation it is in accordance with her routine. If

the pregnant woman sees blood, it should be considered as menstruation, in contrasts to to what Abu Hanifa said. If her

routine bleeding is not altered then it is like a hindrance. If not then she should consider herself pure after half a month

or the like if the blood continues after three months. If the bleeding continues after six months, then she should consider

herself pure after twenty days or what is similar. The beginning of the years of menstruation of a girl with the four

Imams is nine years. However, in one decision of Abu Hanifa it is fifteen. Malik and as-Shafi` held the view that there is

On What Has Been Related Regarding Menstruation Prohibits the Prayer and Fasting

It has been related in the Saheeh of al-Bukhari on the authority of Abu Sa’id al-Khudri that

the Prophet, may Allah bless him and grant him peace, said to the women: “I have not seen anyone

more deficient in reason and religion than you. A cautious sensible man could be lead astray by

anyone of you.” The women asked: “O Messenger of Allah! What is the deficiency in our

intelligence and our religion?” He replied: “Is not the evidence of two women equal to the witness

of one man?” We replied in the affirmative. He said: “That is the deficiency in her intelligence.” He

then said: “Is not so114 that when you menstruate that you cannot pray and fast?” We replied in the

affirmative. He said: “That is the deficiency in her religion?”115

no limit to its duration, while Abu Hanifa said: “Its duration is sixty years.” Ahmad said: “Its fifty years.” The least

amount of time of purity between two menstruating periods is half of a month with the majority of the scholars.

Although, Ahmad said that it is thirteen days. 114 Here ends facsimile 11 of the Arabic manuscript. 115 The meaning of his words upon him be blessings and peace: “I have not seen anyone more deficient in reason and

religion than you”, the overall cause for this is that they will be among the majority of the people of Hell Fires due to

the fact that if they could be the cause of the loss of reason of a most cautious man causing him to do or say something

which is unjustifiable, then she becomes a partner with him in the sin and increases the negative effect upon him. The

meaning of his words upon him be blessings and peace: “A cautious sensible man”, is a man who is exact and precise in

his affairs. This expression is a verbal amplification regarding the attributes of women, because if a cautious sensible

man in his affairs can be led astray by one of them, then it is even more so possible for a man who is not exacting in his

affairs to be led astray by them. The meaning of his words upon him be blessings and peace: “…could be lead astray”,

is that he can be led severely astray. The expression ‘reason’ (lubb) is more precise and specific in its meaning than

‘intellect’ (àql). The meaning of his words upon him be blessings and peace: “…by anyone of you”; means from

anyone of you either because of your propensities, tricks or beauty. The meaning of his words upon him be blessings

and peace: “Is not the evidence of two women equal to the witness of one man?”; this is an indication of the words of

Allah taàla: “Or a man and two women with whom you are content with as witnesses.” Imam al-Àsqalani said: “al-

Mulhab said: ‘What is extracted from this is giving preference between witnesses based upon the extent of their

intellects and the precision of their memory. For the witness of an intelligent and circumspect person should be given

preference over that of an upright but obtuse one’. The verse establishes that a witness when he forgets his testimony,

that it is permissible to be reminded by his friend until he recalls. It is lawful in this case to accept his testimony.” From

the subtleties of this judgment is what was narrated by as-Shafi` on the authority of mother that she and another woman

were once asked to testify with one of the judges of Mecca. The judge wanted to isolate them from one another in order

to test the accuracy of their testimonies. However, the mother of as-Shafi` said: “You do not have the right t do that

because Allah taàla says: ‘If one of the two errs, then the other should remind her.’.” In this is proof of the sagacity of

some women over some men, and it explains that the Qur’anic verses and prophetic traditions which speak of the

deficiency of women in their reason and religion does not in any way make them inferior to men in that. Ibn ‘t-Teen

narrated from some of the scholars that the true interpolation of ‘reason’ here is the amount of blood money to be paid

for intentionally or accidentally causing the death of a woman. The wisdom in his questioning them, upon him be

blessings and peace is because he was aware of their knowledge that the above cited Qur’anic verse was revealed before

that particular assembly. I say that this is proof also that the deficiency of their reason is based solely upon their

testimony and the judgment of the blood money to be paid for them; and it is not a negation of their abilities in

knowledge and learning. This is based upon the fact that he questioned them and was aware of their knowledge

regarding what he questioned them about. The meaning of their answer: “Indeed”, means ‘yes’ and it is as I said. It is

the answer to a question and has in it a particle of negation like your saying: ‘Did you not do this?’, to which the answer

is: ‘Indeed.’ For the expression ‘indeed’ only comes after a negation, and thus it is an answer to speech in which there is

the possibility of some refutation; like the saying of Allah taàla: ‘Am I not your Lord? They said: ‘Indeed.’ Thus, in the

response of the women to the questions of the Prophet, may Allah bless him and grant him peace is proof that they were

well acquainted with what the Messenger of Allah, may Allah bless him and grant him peace was saying regarding the

legal judgment of their testimony. This is clarification that the deficiency in their reason is not in anyway a negation of

their abilities in gaining knowledge, acquiring it and comprehending it. The meaning of his words upon him be

blessings and peace: “Is it not so that when you menstruate that you cannot pray and fast?”; is the axis of the legal ruling

of this prophetic tradition and has in it clear proclamation that the prohibition of woman menstruating from fasting and

praying was well established in the legal rulings of the sharià before the occurrence of this assembly. There are many

On What Has Been Related Regarding Omission of Making-Up the Prayers for the One Who

Has Menstruation and the Establishment of Making-Up for the Fast It has been related in the Saheeh of Muslim on the authority of Mu’adha al-‘Adawiyya,116

who said that she once asked A’isha, may Allah be pleased with her: “What is the reason that a

woman menstruating makes-up for the fast, but she does not make-up for the prayer?” She replied:

“Are you a Haruriya?” I said: “I am not a Haruriya, but I simply would like to know.” She said:

“When we passed through this period of menstruation, we were ordered to complete the fasts, but

were not ordered to make-up the prayers.”117

In the expression related by al-Bukhari, she said: “We were with the Prophet, may Allah

bless him and grant him peace, when we used to get our menstruation, but he never ordered us to

make-up for the prayer.” Or she said: “…we did not offer them.”118

legal advantages of this prophetic tradition; among these are: the lawfulness of going out to pray the Èid prayer; the

lawfulness of women being present at the Èid prayers, however, where they are separated from men out of fear of

tribulation; the permissibility of the Imam giving specific admonition to women; the lawfulness of being exacting in

giving council so that it can be the cause of the removal of those traits which are sinful; the function of not directing

exacting council to a particular individual due to the fact that generalizing is easier for the listener; the possibility that

the intellect is susceptible to increase and decrease, and this is the same with belief as was mentioned; and finally that it

was not the objective in mentioning the deficiency in women in order to denigrate them since these deficiencies are

apart of the foundation of their nature, but it was mentioned as an admonition in order to be guarded from being

infatuated by them. 116 She was Umma as-Suhba’ Muàdha bint Abdallah al-Àdawiyya’l-Basriyya, the astute worshipper. She was the wife

of the spiritual master and exemplar Sillat ibn Ashyam. She was herself a spiritual master, extremely learned and

ascetic. She used to give life to the nights in worship. She used to say: “By Allah! I do not love to remain in this life

except as a means of drawing near to my Lord through spirit agencies; so that perhaps I may one day be joined with

Abu as-Sha`ta and his son in Paradise.” She died in the year 83 A.H. 117 The reason for Aìsha, may Allah be pleased with her asking her: “Are you a Haruriya?”; is that the Haruri were

those attributed to a place called Harura’. As-Samàani said: “It is a place about two miles from Kufa and was the first

place for the gathering of the Khawaarij. Thus, anyone who believed in the madh’hab of the Khawaarij was called

Haruri because the first sect which emerged from them revolted against Ali from that land. Thus, this attribution to

them became well known.” However, their foundation about which there is unanimous agreement among them is their

holding to that which is evidenced by the Qur’an and absolutely refuting any additional evidence provided from the

prophetic traditions. Thus, the question of Aìsha to Muàdha is a question of refutation, because it was a group among

the Khawaarij who considered it obligatory for the woman menstruating to make up prayers which were missed during

the period of her menstruation; which is contrary to the consensus of the Muslims. The meaning of the words of

Muàdha: “I am not a Haruriya, but I simply would like to know”; is that her question was free of anything besides the

mere seeking knowledge and it was not in order to incite controversy. The meaning of the words of Aìsha: “When we

passed through this period of menstruation, we were ordered to complete the fasts, but were not ordered to make-up the

prayers”; is that this is a legal ruling about which there is unanimous agreement. It is the consensus of the Muslims that

a woman menstruating and bleeding as a result of after birth, it is not obligatory for her to make up the prayer or to fast

during those circumstances. The consensus also upholds that it is not obligatory upon her to make up her missed

prayers, but that it is obligatory for her to make up the days she missed during the fast. The scholars say that the

difference between the legal judgment of the two is that prayers are many and are repeated, thus it would be difficult to

make them up, in contrast to fasting since it is only obligatory one time during the year, and perhaps the extent of the

period of menstruation is a day or two. 118 It was in this manner with doubt that this narration was transmitted. From another perspective in the narration of al-

Ismaìli she said: “…we did not make them up nor were we ordered to do so.” Taking as evidence her words: “…we did

not make them up” is clearer than taking as evidence her words: “…nor were we ordered to do so”; because the absence

of a command in making up here could contradict taking it as evidence for the absence of the obligation due to the

probability of being content with the general proof over the obligation of making it up.

On What Has Been Related Regarding Sleeping With a Woman on Menstruation While She is

in Her Dress It has been related in the Saheeh of al-Bukhari on the authority of Umm Salama that she said:

“I got my menstruation while I was lying under a woolen clothe with the Prophet, may Allah bless

him and grant him peace. I slipped away, then removed it and put on the clothes for menstruation.

The Messenger of Allah, may Allah bless him and grant him peace, said: “Have you got your

menses (nifaas)?” I replied, “Yes.” He then called me and I slept with him under the woolen

sheet.”119

On What Has Been Related Regarding the Signs of Purification Regarding Dryness and Qassa

It has been related in the Saheeh of al-Bukhari that: “Some women used to send pads of

cotton with traces of yellowish discharge to A’isha, (for her verdict to know whether they had

become clean from menstruation or not). A’isha would say: “Do not hurry until you see the cotton

pad white, (meaning by that the purification from menstruation).” The daughter of Zayd ibn Thaabit

was told that the women of her generation used to ask for candles at midnight120 to see if the menses

had stopped or not. The daughter of Zayd said that the ladies (the wives of the Companions of the

Prophet) had never done that and she censored them for that.”121

119 The meaning of her words: “I got my menstruation while I was lying under a woolen clothe with the Prophet, may

Allah bless him and grant him peace”, is that it is said that the ‘woolen sheet’ mentioned here was actually a velvet

sheet. It is said that it was a blanket. Al-Khalil said: “The woolen clothe referenced here is a garment which is fibrous,

meaning that it had a thin pelt of hair.” The meaning of her words: “…I slipped away”; is that she furtively got up as if

she feared not tainting him with any of the blood. Or she feared that he would desire to copulate with her so she got up

in order to take precaution from that. Or she became dismayed with her bleeding and was not content to lay next to him.

The meaning of her words: “…then removed it and put on the clothes for menstruation”; is that she took garments

which she normally wore during the period of her menstruation. Or it means she took garments which she had prepared

to wear during the condition of menstruation. The meaning of his words of the Messenger of Allah, may Allah bless

him and grant him peace: “Have you got your menses (nifaas)?”; is that the etymological root of this word ‘menses’ is

from the expression ‘blood’; except that the linguists make a difference between the conjugation of the verb from

menstruation and the blood of after birth. They say regarding the blood of menstruation: ‘she bled’ (nafasat) with the

letter nuun inflected with fat’ha; and regarding the bleeding of after birth: ‘she bled’ (nufisat) with the letter nuun

inflected with damma. In this prophetic tradition is established the permissibility of sleeping alongside a woman

menstruating in her garments, as well as the lawfulness of resting with her under a single quilt. This is based upon her

words: “He then called me and I slept with him under the woolen sheet.” In addition this prophetic tradition also makes

it highly recommended for a woman taking special clothing for menstruation outside of her customary clothing. The

prophetic tradition also establishes that there is no atonement for the person who copulates with a woman during her

menstruation. Rather, he should merely repent and seek forgiveness of that. Ahmad said: “He should give a gold coin

away as alms.” If the blood of a woman ceases and there is no water, then she should make tayammamu for each prayer

and it is not lawful in that case to copulate with her in the opinion of Malik and Abu Hanifa, in contrast to what was

held by as-Shafi` and Ahmad. The woman menstruating is permitted to recite the Qur’an in the opinion of Malik:

‘However, she cannot touch or carry it’; which is in contrast to the remainder of the Imams. 120 Here ends facsimile 12 of the Arabic manuscript. 121 The meaning of the words al-Bukhari: “Some women used to send pads”; is as Ibn Bataal said: ‘It was in this way

that the people of prophetic tradition transmitted it. However, Abd’l-Barr rectified it by making the first letter inflected

with damma and the second letter with sukun; and said: ‘It is the in the feminine form.’ What is meant by it is that is

what a woman utilizes from cotton and other than it in order to determine whether there is any traces from menstruation

or not. The meaning of his words: “…of cotton”; is that the pads were made of cotton. The meaning of his words:

“…with traces of yellowish discharge”; which is traces of blood as Malik added in his narration: ‘…with traces

yellowish discharge from the blood of menstruation.’ The meaning of his words: “A’isha would say: ‘Do not hurry until

you see the cotton pad white, (meaning by that the purification from menstruation)”; that is until the cotton is seen to be

white and clean without any yellowish discharge. In this is evidence that yellowish discharge or any sediment seen

during the period of menstruation is a sign of the persistence of menstruation. In it is also established that the whiteness

On What Has Been Related Regarding the Method of Purification from Menstruation

It has been related in the Saheeh of al-Bukhari on the authority of A’isha who said: “A

woman once questioned the Prophet, may Allah bless him and grant him peace, about the ritual bath

taken after finishing from menstruation. He ordered her to take the ritual bath and said: “Take a

piece of cloth scented with musk and purify yourself with it.” The women then asked, “How shall I

purify myself with it?” He replied, “Purify yourself with it.” She said: “How!?” He said:

“Sub`Hanna Allah! Purify yourself with it!” She said: “How!?” Again he replied: “Sub`Hanna

Allah! Purify yourself with it!” Then Aìsha said: “I pulled her to me and said: ‘Rub the place soiled

with blood with it.”122

of the cotton pad is a sign of the termination of menstruation and clarifies the beginning of purity. The meaning of his

words: “The daughter of Zayd ibn Thabit was told that the women of her generation used to ask for candles at midnight

to see if the menses had stopped or not”, here it was transmitted with the daughter being mentioned vaguely. Similarly

in the narration of the al-Muwatta where this narrative was transmitted on the authority of Abdallah ibn Abu Bakr, that

is, the son of Muhammad ibn Àmr ibn Hazm on the authority of his paternal aunt on the authority of the above

mentioned daughter of Zayd ibn Thabit. However, Zayd ibn Thabit was known to have had many daughters, who were:

Hassana, Ùmra, Umm Khulthum and others. But none of them transmitted prophetic traditions except Umm Khulthum.

She was the wife of Saalim ibn Abdallah ibn Umar, and it is believed that she was the anonymous daughter of Zayd

mentioned here. The meaning of her words: “…the ladies (the wives of the Companions of the Prophet) had never done

that and she censored them for that”; it is said that she censored them because it was during the middle of the night,

which is not the time of a prescribed prayer. However, in this there is some dispute because it is still the necessary time

of the ìsha prayer. It is also conceivable that she censored them because it was night time in which it was not possible

to distinguish with certainty pure untainted whiteness from other than it. Resulting from them considering themselves

clean, when they were not, and then they would pray before being entirely pure of menstruation. 122 Regarding the words of Aìsha: “A woman once questioned the Prophet, may Allah bless him and grant him peace,

about the ritual bath taken after finishing from menstruation. He ordered her how to take the ritual bath”, she did not

mention the name of the woman. However, in the narration of Muslim from Abu al-Ahwas on the authority of Ibrahim

ibn Muhajir her name is mentioned as Asma bint Shakl a woman from among the Ansaar. The meaning of his words,

upon him be blessings and peace: “Take a piece of cloth”; is a portion of wool cloth, cotton, or a piece of sheep leather

with wool on it, as Abu Ùbayda and others transmitted. Abu Dawud transmitted in a narration from Abu al-Ahwas:

“…a small piece of cloth” (qarsa) with the letter qawf inflected with fat’ha. Al-Mundhiri discussed this when he said:

“It means something very small like a piece of cloth the size of two fingers.” The meaning of his words, upon him be

blessings and peace: “…scented with musk”; is that the soundest opinion is that the objective is the utilization of

perfume in order to ward off offensive odors. The correct view is that this is considered highly recommended for every

woman taking the ritual bath from menstruation and the blood of after birth. It is disliked to neglect it for the woman

able to do so. If she cannot find musk, then perfume will suffice. If perfume cannot be found, then anything which will

remove offensive odors such as dirt will suffice. If this is not available then water will suffice. The meaning of his

words, upon him be blessings and peace: “…and purify yourself with it”; is to clean yourself with it. The meaning of his

words, upon him be blessings and peace: “…Sub`Hanna Allah!”; is that he said this due to the intensity of his modesty,

upon him be blessings and peace and his astonishment with what she said. The actual meaning of ‘Glory be to Allah’, is

as Ibn al-Mandhur said: “Sibawayhi said that it is an expression which Allah is content with for Himself and has

commissioned others to say it. The Arabs say: ‘Glory be as a result of so-and-so, when he is astonished by something’.

It is claimed that in the words of al-A`shi regarding the meaning of ‘being free of something (bara’a): ‘I say when his

boasting reached me * Glory be as a result of Àlqama the braggard!’; which means that he was free of him. Thus,

another meaning of the poetic verse is that he was astonished at him as a result of his boasting.” The modesty of the

Messenger of Allah, may Allah bless him and grant him peace was well known as Muslim narrated on the authority of

Abu Saìd al-Khudri who said: “The Messenger of Allah, may Allah bless him and grant him peace was more intense in

his modesty than a virgin behind her screen. And when he disliked something we knew it by his face.” The meaning of

the words of Aìsha, may Allah be pleased with her: “I pulled her to me and said: ‘Rub the place soiled with blood with

it”; which is her vagina as an-Nawwawi said: “What is meant here with the scholars is the actual vagina.” Al-

Mahaamali said: “It is highly recommended for a woman to perfume every place on her body which is touched by

blood.” This opinion was only transmitted by him and the apparent text of the prophetic tradition constitutes evidence

for him in that. In the prophetic tradition are many legal advantages; among them being: the lawfulness of glorifying

Allah when astonished as I said; it being highly recommended to utilize metaphorical expressions related to the private

In the Saheeh of Muslim:123 “You should purify yourself, and perform the purification well.

Then pour water over your head and rub it vigorously until it reaches the roots of your hair. You

should then pour water over yourselves. Then you should take a small cloth scented with musk and

purify yourselves with it.”124

On What Has Been Related Regarding the Period of Menstruation (istihaada)125

It has been related in the Saheeh of al-Bukhari on the authority of A’isha who said that

Fatima the daughter of Abu Hubaysh126 said to the Messenger of Allah, may Allah bless him and

grant him peace: “O Messenger of Allah! I do not become clean from bleeding. Shall I give up my

prayers?” The Messenger of Allah, may Allah bless him and grant him peace, said: “No, because it

is from a blood vessel and not the menstruation. So when the real menses begins give up your

prayers and when it has finished wash the blood off your body and offer your prayers.”127

parts; the lawfulness of a woman questioning a scholar regarding her circumstances which are of a personal nature – for

this reason Aìsha used to say about the woman of the Ansaar: ‘Modesty never prevented them from gaining

comprehension in the religion’; as it was related by Muslim. It is also established in the prophetic tradition the

following: it being sufficient to make indirect references and allusions regarding distasteful matters as well as repeating

an answer in order for the one questioning to understand; the lawfulness of interpolating the words of scholar in his

presence when it is known that it will cause astonishment to him; the permissibility of taking knowledge from an

inferior in the presence of one superior than him in knowledge; the soundness of presenting something to a transmitter

of prophetic traditions while he is transmitting even if he doesn’t say yes at the completion of his transmission; being

sympathetic with those gaining instructions; establishing excuses for those who may not understand; the lawfulness of a

person seeking to cover his faults; ordering a woman to perfume herself in order to remove foul odors; and finally the

excellence of the character of the Messenger of Allah, may Allah bless him and grant him peace, his tolerance and

modesty. 123 It was related on the authority of Aìsha that Asma once asked the Prophet, may Allah bless him and grant him

peace regarding the ritual bath of the woman menstruating; thus the author narrated the above mentioned prophetic

tradition: “Purify yourself in the best manner of purification. Then pour water over your head and rub your head

intensely until the water reaches the roots of your hair. Then pour water over yourself, then take a piece of cloth…”

until the end of the prophetic tradition. However, in this narration are errors and mistakes. 124 The description of the ritual bath of a woman and man are the same. What is intended in this chapter is an

explanation of the Sunna regarding the rights of woman making the ritual bath from menstruation, is that she should

take something from musk and place it upon cotton, a piece of cloth or the like and wipe it over her vagina after she has

taking the ritual bath. This is also highly recommended for the woman bleeding from after birth, because she has the

same implication as the woman menstruating. 125 The etymological root of the expression ‘the period of menstruation’ (istihaada) is linguistically from the istifàal

form the word ‘menstruation’ (haid). It is the persistence of the flow of blood of a woman after the completion of her

customary menstruation period. 126 She was Fatima bint Abu Hubaysh ibn al-Muttalib ibn Asad. 127 The causative factor for her asking this question is that in her opinion the purification from menstruation was not

known except with the complete termination of the flow of blood, that she was not pure as long as blood persisted, and

she knew that a woman menstruating could not pray, so she assumed that this judgment also applied to any flow of

blood from the vagina. This was made clear by the nature of her question when she said: “Shall I give up my prayers?”

The meaning of his words, upon him be blessings and peace: “No, because it is from a blood vessel”; the expression

‘blood vessel’ (ìrq) with the letter àyn inflected with kasra is a period of bleeding also called ‘rebuking’. The meaning

of his words, upon him be blessings and peace: “…and not the menstruation”; where the letter haa is inflected with

fat’ha sa it was transmitted by al-Khutabi. An-Nawawi said: “It applies specifically to dripples or is near in interpolation

to oozing because he, may Allah bless him and grant him peace intended to verify the waiting period of menstruation

and to negate actual menstruating period.” The meaning of his words, upon him be blessings and peace: “So when the

real menses begins give up your prayers and when it has finished wash the blood off your body and offer your prayers”;

is that the command to make the ritual bath here is proof for the obligation of the ritual bath for the woman

menstruating; and that when blood persists, she should then wash her vagina of blood and then make ablution for each

prayer. However, she should only pray the current prescribed prayer and what she wants from prayers missed as long as

Kitaab’t-Tayammum (The Book of Purification With Earth)128

On What Has Been Related Regarding the Entire Earth Being Made a Place of Worship for

Him upon Him be Blessings and Peace and It Being Made Pure

It has been related in the Saheeh of al-Bukhari on the authority of Jaabir ibn Abdallah that

the Prophet,129 may Allah bless him and grant him peace, said: “The entire earth has been made into

a place of worship and it has been made pure. Therefore wherever a person from my Umma

encounters the prayer, he should pray.”130

the time of the current prayer persists. In this prophetic tradition is proof that a woman when she measures the extent of

the blood of menstruation with the blood of the waiting period, she should give consideration to the blood of

menstruation and behave in accordance with it beginning and termination. When she determines its extent, she should

take the ritual bath, and then the judgment of any persistent blood flow should be that of the blood of the waiting period

(istihaada), which is the judgment of minor impurity (hadath), for which she should make ablution for each prayer.

However, she should only pray a single prescribed obligatory prayer or a make up prayer, based upon the apparent

meaning of his words: “…she should then make ablution for each prayer.” This view is the opinion held by the majority

of the scholars. In this prophetic tradition establishes: the lawfulness of a woman seeking a legal decision for herself and

addressing men in those matters specifically applicable to women; the lawfulness of listening to the voice of a woman

when there is a requirement to do so; as well as other legal issues. Here ends the Book of Menstruation and with its

ending I end the commentary upon it, and success is with Allah. O Allah I ask You for every good which Your

knowledge encompenses in this world and the Next, and I seek refuge with You from every evil which Your knowledge

encompenses in the this world and the Next. O Allah give us success in following the Sunna of Your prophet,

Muhammad, may Allah bless him and grant him peace, outwardly and inwardly, by his rank that he has with You. 128 Ibn Habib said: “Tayammum means to purpose based upon the words of Allah taàla: ‘Do not take as an objective

the Sacred House’; which means do not make your sacrifices intentionally making the objective for that the Sacred

House.” The etymological root is from: ‘I have made an objective’, when you purpose it and depend upon it. Thus, the

origin of its meaning in the sharià is to do on purpose; to aspire to and to make as an objective clean earth. Allah taàla

says: “Whenever you are sick or on a journey, or when one of you comes from relieving himself, or when you have

fondled women - and you cannot find water - then strike high dry earth and wipe your faces and your hands from it.” It

is an indicative noun for the wiping of the face and arms, with dirt or with what stands in its place like sand, stone, or

what resembles it. However, anything from that which is detached from the earth completely or similarly, then it cannot

be used for tayammum except dirt specifically, due to the advent of textual evidence regarding it and earth itself. Its

judgment is the same whether it is detached from the earth or not. The scholars agree that Tayammum is permissible for

those sick, and the traveler when water is absent or with the inability to utilize it when it is available due to sickness, out

of fear that its use will increase the sickness or may cause death. This agreement is based upon the advent of textual

evidence regarding this. The Shehu may the mercy of Allah be with him said in his Ùmdat’l-Bayaan in the section

regarding the obligations of tayammum and its sunnan: “The obligations of tayammum are five: intention; high pure

earth; wiping the face; wiping the hands up to the wrists; and the first striking of the earth. The sunnan are three: the

second striking of the earth for wiping the hands; wiping what is between the wrists and elbows; and the proper order.” 129 Here ends facsimile 13 of the Arabic manuscript. 130 The meaning of his words, upon him be blessings and peace: “The entire earth has been made into a place of

worship”; that is to say, a place for prostration, for there is no single place on it which has been designated for

prostration over another. Subsequently, since prayer has been made lawful on the whole of the earth, it has thus become

like a place of worship. It is said that for the earlier communities they were only permitted to pray upon earth which

they were absolutely certain regarding its purity. This is contrary to this Umma, to whom the entire earth has been made

lawful for them to pray. This means every sector of the earth is valid for them as a place for prostration; or it is

permissible for them to construct a place for prayer upon it. It is also conceivable that what is meant is that it is

reprehensible to consider it prohibited to pray on a place except when there is absolute certainty regarding it being

impure. The meaning of his words, upon him be blessings and peace: “…and it has been made pure”; is that evidence is

taken from this that the earth is pure in itself and it also purifies. Likewise, evidence us taken from this that tayammum

removes minor impurities just as water does, due to their sharing the same attribute of ‘purity’ and ‘purifying’. In

addition, this gives evidence that tayammum is lawful on any sector of the earth. This was corroborated in a narration by

Abu Amama where he, upon him be blessings and peace said: “The entire earth has been into a place of worship and

pure for me and my Umma.” The meaning of his words, upon him be blessings and peace: “Therefore wherever a

person”; is that this is a general expression which includes in its meaning any person who cannot find water or earth,

It has been related by Muslim:131 “The earth’s soil has been made pure for us when we

cannot find water.”132

On What Has Been Related Regarding Tayammum Being Allowable in the Absence of Water,

Even Though One is in Janaaba

It has been related in the Saheeh of al-Bukhari on the authority of Ìmran ibn Husayn ar-

Khuza’iy133 that the Messenger of Allah, may Allah bless him and grant him peace, saw a man

sitting aloof avoiding praying with the people. He, may Allah bless him and grant him peace, then

said: “O so-and-so! What prevents you from praying with the people?” He said: “O Messenger of

Allah! I have been afflicted with janaaba and there is no water.” He, may Allah bless him and

grant him peace, said: “Then take yourself to clean earth, that will be sufficient for you.”134

and he can find anything from a section of the earth, then he can make tayammum with it. And it is not said that this is a

specific ruling for the prayer only, but rather for all acts of worship which require purification. The meaning of his

words, upon him be blessings and peace: “…from my Umma encounters the prayer, he should pray”; is what is meant is

that he can pray after making tayammum. By means of this prophetic narration Malik, Abu Hanifa and others require

that it is lawful to make tayammum with the entire portion of the earth. 131 Muslim related this prophetic tradition on the authority of Hudhayfa, and the text of the narrative is that he said:

“The Messenger of Allah, may Allah bless him and grant him peace said: “We have been made superior to mankind in

three matters: our lines in prayer have been like the ranks of the Angels; the entire earth has been made in to a place of

worship for us; and it earth has been made pure for us when water cannot be found.” 132 In the narration of Abu Amama with al-Bayhaqi: “Wherever a man from my Umma comes to the prayer and he

cannot find water, then the earth is pure for him and a place of worship.” In the narration of Ahmad: “…then it is with

him a source of his purification and his place of worship.” In the narration of Àmr ibn Shuàyb: “…wherever I

encounter the prayer, I wipe it and pray.” Those who require that tayammum be performed specifically with earth take

their evidence from the prophetic tradition of Hudhayfa using the expression of Muslim: “…and the entire earth has

been made for us into a place of worship, and its earth has been made pure for us when water cannot be found.” By

means of this particular narration, the followers of as-Shafi`, Ahmad and others require that it is not lawful to make

tayammum with anything besides earth specifically. They confine their interpolation to the absolute meaning as

expressed in the narration.. 133 He was Abu Najid Ìmran ibn Hussein ibn Ùbayd ibn Khalf al-Khazaìy. He was an Imam in knowledge and a

spiritual exemplar. He was appointed as the judge of Basra. His transmissions of prophetic traditions amount to 180.

The two Shaykhs (al-Bukhari and Muslim) agree upon the veracity of nine of his prophetic traditions. Al-Bukhari

transmitted 4 isolated traditions from him while Muslim transmitted 9. He died in the year 52 A.H. 134 The meaning of his words, may Allah be pleased with him: “…the Messenger of Allah, may Allah bless him and

grant him peace, saw a man sitting aloof avoiding praying with the people”; is that in the commentary upon the al-

Ùmdat of Shaykh Siraj’d-Deen ibn al-Mullaqin it states: “This man referred to in the prophetic tradition was Khalaad

ibn Raafi` ibn Malik al-Ansaari, the brother of Rifaaà, and was one of those present at the Battle of Badr.” Ibn al-Kalbi

said: “It was then that he was killed.” However, others said: “He possessed many prophetic narrations, thus, this is

evidence that he lived after the Prophet, may Allah bless him and grant him peace.” The meaning of his words, upon

him be blessings and peace: “O so-and-so! What prevents you from praying with the people?”; is what is the reason

which prevents you from praying with the people? The meaning of his words: “O Messenger of Allah! I have been

afflicted with janaaba and there is no water”; is that there is no water with me, or there exist no water. This expression

is superlative in establishing an excuse. The meaning of his words, upon him be blessings and peace: “Then take

yourself to elevated earth”; is that Ibn Habib said that ‘elevated earth’ means earth which is pure and purifying. It is

said that the expression ‘elevated earth’ means earth itself, and we should not give consideration to what kind of

elevated earth it is whether dirt or stone. The meaning of his words, upon him be blessings and peace: “…that will be

sufficient for you”; is an indication that it is sufficient in what was narrated to what a person determines and

comprehends as elevated earth. Or the meaning of his words: “…that will be sufficient for you” as long as you do not

invalidate your purification or cannot find water. The majority of the scholars interpolate this expression to indicate the

what is sufficient is the obligatory prescribed prayer that you made the tayammum for as well as whatever you like from

superogatory prayers. However, when another obligatory prescribed prayer comes it is then obligatory to seek water. If

water cannot be found, then make tayammum again. From this evidence is established of the lack of permissibility to

On What Has Been Related Regarding Tayammum Being Lawful for One Who Fears Sickness,

Even When in A State of Major Impurity (Janaaba) It has been related in the Saheeh of al-Bukhari on the authority of Àmr ibn al-Àas,135 who

was in a state of major impurity (janaaba) during a severely cold night. He then performed

tayammum and recited the following verse: “Do not kill yourselves, indeed Allah is merciful to

you.” When that was reported to the Prophet, may Allah bless him and grant him peace, he did not

object to it.”136

pray more than a single obligatory prescribed prayer. The majority permit the making of tayammum for one

superogatory prayer along with a single obligatory prescribe prayer; however, Malik, may the mercy of Allah be upon

him made a precondition that the prescribed prayer be performed before the superogatory one. Sharik al-Qadi held and

obscure view and said: “No one should pray more than a single prayer with a single tayammum, regardless if that prayer

is an obligatory prescribed prayer or a superogatory prayer.” Ibn al-Mundhir said: “If it is valid to perform a

superogatory prayer with a single tayammum, then it is also valid for the prescribed prayers. This is because that which

conditional for the obligatory prescribed prayers is also conditional for the superogatory prayers, except with evidence.”

In this prophetic tradition is evidence for the lawfulness of giving independent judgment in the presence of the Prophet,

may Allah bless him and grant him peace because the context of the narrative proved that tayammum was known with

them at the time. However, what was clear in the Qur’anic verse is that tayammum was only valid for minor impurities,

and was based upon the meaning of ‘touching women’ excluded copulation. As for major impurities, the Qur’anic verse

did not clearly address it. Thus, it was as if the man in questioned believed that a person in major impurity could not

make tayammum. Consequently, he acted upon his own independent judgment in that although he clearly had the ability

to question the Prophet, may Allah bless him and grant him peace about the legal judgment of that issue. It also

conceivable that originally the man didn’t know about the actual lawfulness of tayammum, and thus his judgment was

the judgment of a person devoid of the two means of purification (water or earth). What can be extracted from this

narrative is that when a scholar sees a person doing something, that it is lawful for him to first ask him about the

circumstances of his actions, in order to give a clear answer to his dilemma. In this prophetic tradition is also the

encouragement to perform the prayer in congregation and that there is a sin against a person who neglects performing

the prayer in the presence of those praying, unless he has a valid excuse. In it also is showing excellence in compassion

for others as well as showing sympathy while objecting to what is reprehensible. 135 He was Abu Abdallah Àmr ibn al-Àas ibn Waa’il as-Sahmi. He was a man of erudition and was among those who

made the emigration to Abyssinia. He was short in size and his pigment was black. Àmr ibn al-Àas was among the

brave knights of the Quraysh and was among the famous of its poets having produced excellent poetry. Even before his

conversion to Islam he was known to be among the leading men of consultative opinion among the Quraysh being well

known for his ingenuity, resolve, aptitude and discernment in the art of warfare. He was among the most noble of the

rulers of the Arabs and among the notables of the Muhajirun. He did not transmit many prophetic traditions, having

only related about 40. Al-Bukhari agreed upon the veracity of 1 of his prophetic traditions; while Muslim agreed upon

the reliability of 2. Àmr died on the night of the Èid’l-Fitr in the year 43 A.H. at the age of 100. 136 The meaning of his words: “…was in a state of major impurity (janaaba) during a severely cold night. He then

performed tayammum and recited the following verse: “Do not kill yourselves, indeed Allah is merciful to you”; it could

be falsely assumed from the apparent context of the expression that Àmr ibn al-Àas recited the Qur’anic verse to the

Companions while he was in a state of major impurity. However, it was not like that. He actually recited it after he had

returned to the Prophet, may Allah bless him and grant him peace, as Abu Dawud and al-Hakim related it by way of

Yahya ibn Ayyub on the authority of Yazid ibn Abu Habib on the authority of Ìmran ibn Abu Anas on the authority of

Abd’r-Rahman ibn Jubayr on the authority of Àmr ibn al-Àas who said: “I had a wet dream during a severely cold

night during the military engagement of Dhat’s-Silaasil. I dreaded taking the ritual bath, fearing I would perish; so I

performed the tayammum. I then prayed the sub’h prayer with my companions. This was latter mentioned to the

Prophet, may Allah bless him and grant him peace, who then said: ‘O Àmr did you and your companions pray, while

you were in a state of major impurity?’. I then informed him about what prevented me from making the ritual bath. I

then said: ‘I heard Allah say: ‘Do not kill yourselves, indeed Allah is merciful to you’. The Messenger of Allah, may

Allah bless him and grant him peace, then laughed and did not say anything.” Thus, the meaning of his words: “When

that was reported to the Prophet, may Allah bless him and grant him peace, he did not object to it”; is that the

Messenger of Allah, may Allah bless him and grant him peace did not rebuke Àmr; rather he was delighted with his

independent judgment. Thus, the silence of the Messenger of Allah, may Allah bless him and grant him peace is

evidence of the lawfulness of Àmr’s actions. In this prophetic tradition is established the lawfulness of making

On What Has Been Related Regarding the Description of Tayammum

It has been related in the Saheeh of al-Bukhari on the authority of Ammar,137 who once said

to Umar: “I rolled myself in the dust and went to the Prophet, may Allah bless him and grant him

peace, who said: “Sufficient for you are the face and the hands.”138

In another narration:139 “The Prophet, may Allah bless him and grant him peace, then

struck the earth with his palms and then wiped his face and hands.”140

tayammum for the one who fears that the utilization of water will cause his destruction, regardless if it is due to the

severity of the cold or something else. It also established the lawfulness of the prayer of a person who made tayammum

in front of those who have made ritual ablution. Finally, the prophetic tradition established the lawfulness of the

Companions making independent judgment during the time of the Prophet, may Allah bless him and grant him peace. 137 He was Abu’l-Yaqthaan Àmaar ibn Yaasir ibn Àamir ibn Malik ibn Kinaana ibn Qays ibn Hussein ibn al-

Waladhim ibn Tha`laba ibn Àwf ibn Haritha ibn Àamir ibn Yami ibn Zayd ibn Malik ibn Addad ibn Zayd al-Ùnsi al-

Mekki. He was a freedman of the Banu Makhzuum. He was among the first of the foremost of the Companions and the

notables of the People of Badr. He transmitted many prophetic traditions, which numbered 62, among which 5 are

related in the two Saheeh collections. He was killed as a martyr in the Battle of Sifeen in the month of Safar in the year

37 A.H. while he was 73 years old. Ali prayed over his body and did not wash him. 138 The meaning of his words: “I rolled myself in the dust”; is that he rolled about in the dust, as it established in the

meaning of another narration: “…I wallowed in the dust…”. Now the narrative behind this particular prophetic tradition

as it was established in another narration on the authority of Abd’r-Rahman ibn Abri who said a man once came to

Umar ibn al-Khataab and said: “I am in a state of major impurity and I cannot pour water over myself.” Then Àmaar

ibn Yaasir said to Umar ibn al-Khataab: “Do you not recall when you and I were once traveling, and both of us were in

a state of major impurity. As for you, you did not pray, and as for me, I wallowed myself in the dust and then prayed? I

then mentioned this to the Prophet, may Allah bless him and grant him peace and he said: ‘Sufficient for you are these.’

The Prophet, may Allah bless him and grant him peace then struck the earth with his two palms, blew away the excess

dirt and then wiped his face and hands.” The actions of the Prophet, may Allah bless him and grant him peace is

evidence that instructions occurs with demonstrated actions. In this narration, it was as if Àmaar utilized legal analogy

in this issue because when he understood that tayammum was a legal substitute for ablution and applied to the same

manner of ablution, he also assumed that tayammum when done as a substitute for the ritual bath should also be done in

the same manner as the ritual bath. The advantages which can be extracted from this prophetic tradition are: the

occurrence of independent judgment by the Companions during the time of the Prophet, may Allah bless him and grant

him peace; that a mujtahid is not to be blamed when he makes every effort in arriving at a decision but fails to achieve

the truth; that the person who acts upon the decision of independent judgment it is not obligatory to repeat his actions

(even when he discovers that his actions were incorrect); and that Umar neglecting the affair and also neglecting to

make it up established the legal ruling that the absence of the two means of purification (water and earth) that he does

not pray nor make up the prayer, as it was mentioned previously. The meaning of his words, upon him be blessings and

peace: “Sufficient for you are the face and the hands”; is the way it was related in the narration of al-Usayli and others

with the two (the face and two hands) being in the nominative case (raf`) where both are the doer in the sentence, and

this is the clearest expression of this narrative. However, in the narration of Abu Dharr and Karima it stated: “Sufficient

for you are the face and hands”; with the two (the face and two hands) being in the accusative case (nasab) where both

are the object in the sentence; either by the omission of the expression ‘I mean…’ or implicitly where he means:

‘Sufficient for you are the wiping of the face and two hands.’ In yet another narration it was transmitted with the face

being in the nominative case (raf`) being the doer (faaìl) of the sentence and the two hands being in the accusative case

(nasab) where it is the object where with (mafùul maàhu). It is also said that there was a transmission of the same

prophetic tradition where both the face and two hands are in the genitive case (jarr), in which Ibn Malik interpolated

that the original statement was: “Sufficient for you are the wiping of the face and two hands”; where the noun upon

which the two are constructed (mudaaf) was omitted leaving the remaining dependent nouns (mudaafun ilayhi) in the

genitive case as they were. 139 It was related on the authority of Ibn Abd’r-Rahman ibn Abri on the authority of his father. 140 The context of these prophetic traditions gives evidence that instruction occurs with actual demonstration. Malik

said: “The person making tayammum should place his two hands upon elevated earth, then lift them without holding

anything in them. If anything from the dirt remains attached to them, there is no harm in slightly removing this. He

should then use his two hands to wipe his face once. He should then return his two hands to the earth, and then wipe his

right hand with his left; and then wipe is left hand with his right up to the elbows from the top of the arm and its inside.”

In the narration of Muslim:141 “It would have been sufficient for you to do this with your

hands.” He then struck the earth142 with his hands once and wiped his right hand with his left.”143

Ibn Habib said: “He should pass his left hand over the top of his right hand to the elbows, then return his left hand on

the inner side of his right arm to the bottom of his right palm. He should then transfer the right palm to the outside of the

fingers of the left hand passing it along the left arm to the elbow. He should then return his right hand on the inner side

of the left arm to the edge of the fingers of his left hand.” This description was mentioned by Ibn Habib on the authority

of Matraf and Ibn al-Majishun on the authority of Malik on the authority of Ibn Shihaab. 141 He related it on the authority of Abu Waa’il Shaqeeq ibn Salma al-Asadi al-Kufi, the teaching shaykh of Kufa. He

was a reliable transmitter of many prophetic traditions. He died on the 110 A.H. 142 Here ends facsimile 14 of the Arabic manuscript. 143 There is disagreement regarding his words: “He then struck the earth with his hands once”. This striking once and

then wiping both the face and hands is the opinion of many of the people of knowledge from the Companions of the

Prophet, may Allah bless him and grant him peace; among them being Ali, Àmaar, Ibn Abass and many of the scholars

of the second generation (Taabiùun), among them being: as-Sha`bi, Àtaa’ and Makhuul. They all held the view that

tayammum was to be performed with a single strike for both the face and two hands. And this was the opinion held by

Ahmad and Is’haq. While some of the people of knowledge, among them being Ibn Umar, Jaabir, Ibrahim and al-

Hassan said that tayammum should be performed with one strike for the face and another strike for the hands up to the

elbows. This view was held by Sufyan’t-Thawri, Malik, Ibn al-Mubarak and as-Shafi`. Shaykh al-Ajli Shah Waliyullah

said in his al-Musawa the commentary upon the al-Muwatta regarding the transmission of Ibn Umar: “He used to

perform the tayammum by wiping the arms to the elbows. Originally, in these two seemingly contrary prophetic

traditions, meaning the transmission of Ibn Umar and that of Àmaar, there is no real contradiction with me. This is

because the actions of Ibn Umar demonstrated the perfection of the tayammum while the actions of the Prophet, may

Allah bless him and grant him peace demonstrated the least which should be done in performing the tayammum. This

was implied in his expressions: ‘Sufficient for you…’. This is similar to the foundation of ablution being to wash the

limbs one time and then again, while its perfection is the washing of the limbs three times. Similarly, in the foundation

of tayammum it is to strike the earth once and wipe the two hands, while its perfection is striking the earth twice and

wiping the arms to the elbows.” Shaykh Abdullahi ibn Fuduye` said in his Diya Ùluum’d-Deen: regarding Tayammamu

and its methodology: “Whoever is made to refrain from utilizing water due to its absence, something preventing him

from reaching it like predatory animals, his being in need of it to allay thirst, having a wound or an ailment which he

fears will cause deterioration of the limbs by utilizing it, severe draught, or prolonged recuperation; he should remain

patient until the prayer time occurs. He should then seek out high clean earth, and place his two palms upon it with his

fingers joined. He then should wipe with them his entire face one time while making the intention to make the prayer

permissible…He should then place them on the earth a second time and then wipe his right hand with his left up to the

elbows, making sure to intertwine his fingers.” He did not mention the wiping of the left hand with the right, however it

is understood. Here ends what he said and with its completion, I have completed the commentary upon the Book of

Tayammum, and success is with Allah. O Allah I ask You for every good which Your knowledge encompenses in this

world and the Next, and I seek refuge with You from every evil which Your knowledge encompenses in the this world

and the Next. O Allah give us success in following the Sunna of Your prophet, Muhammad, may Allah bless him and

grant him peace, outwardly and inwardly, by his rank that he has with You.

Kitaab’s-Salaat (The Book of Prayer)144

On What Has Been Related Regarding the Obligations of the Prayer (fard’s-salaat) It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, the mother of the

believers, who said: “Allah made the prayer obligatory when He enjoined it to be two rak’ats and

two rak’ats, both when resident or on a journey. Then the prayer of travel remained the same, and

increase was made in the prayers for non-travelers.”145

144 Al-Azhari said: “Prayer is adhering to the requirements that Allah taàla has obligated.” From this meaning

everything can be considered prayer; for prayer is among the greatest of the obligations which have been commanded to

adhere to. The expression prayer (salaat) refers to one of the obligatory prayers. It is a noun which is placed in the

position of being a verbal noun. You say for example: ‘I prayed the prayer (salaytu salaatan). You do not say

tasliyatan, used as a verbal noun. And you say: ‘I prayed upon the Prophet, may Allah bless him and grant him peace.’

Ibn al-Athir said: “The prophetic traditions have numerously and repeatedly mentioned the prayer, which is a specific

form of worship whose etymological roots come from the expression supplication and it is named from a part of its

meaning.” It is said that it is from the etymological root of ‘glorification’ and it is called prayer specifically because of

what is in it of glorification of the Exalted Lord, may He be emulated. There is no disagreement among the people of

knowledge and the biographers that the prayer was made obligatory in Mecca on the Night of the Ascension, when he

upon him be peace was taken up into the heavens, for this has been well established in the sound narrations and others.

Among the bounties of the prayer is that Allah has gathered in it all forms of worship as Shaykh Abdullahi ibn Fuduye,

may Allah be merciful to him` said in his Shifa ‘n-Naas: “For in the prayer is remembrance of Allah; the recitation of

His Book; supplication of Him; praising Him; extolling Him and glorifying Him. In it is also avoiding speech other than

His remembrance; intimacy with Allah; rejecting all else besides Him; and struggle against Satan. In it also is abstaining

from eating and drinking which stands in the place of fasting; facing the qibla which stands in the place of pilgrimage;

and making supplication for the Muslims which stands in the place of charity. All of these acts of worship are

accompanied with the additional humility and fear of Allah by bowing, prostrating and standing for Allah; as well as

sitting with Allah in intimate conversation.” The prayer is the realm of intimate conversation; and it is the mine of

spiritual purification. In the prayer the sphere of Divine Secrets are expanded, and in it dawn the radiating gleams of

spiritual illumination. For when Allah taàla desires to show His mercy to a servant by drawing him near Himself and to

make him stop at His door; He makes the prayer his key concern and makes him love it, until it becomes the means by

which he enters the Presence of the Beloved, azza wa jalla, and enjoys the intimate conversation of Nearness, as he,

upon him be blessings and peace said: “The prayer is the locus of Divine intimate conversation.” For Divine intimate

conversation is as Shaykh Abu Bakr Jallo, may Allah taàla be merciful to him said: “It is the mutual counsel and

dialogue which occurs between lovers. The intimate conversation of the servant to his Lord is through recitation of the

Qur’an and remembrance of Allah; while the intimate conversation of the Lord to His servant is through the granting of

understanding, spiritual openings and the lifting of the Veils.” It is for this reason that the Messenger of Allah, may

Allah bless him and grant him peace said: “The one praying is having intimate conversation with his Lord.” The Shehu,

may Allah be merciful to him said in his Ùmdat’l-Bayaan in the chapter on the obligations of the prayer and its

Sunnan: “As for the obligation of prayer they are fifteen: intention for a specific prayer; intention of the follower to be a

follower in the prayer; takbir al-ihraam; standing upright for it; recitation of the Fatiha; standing upright for it; bowing

down; rising up from it; prostration upon the forehead; rising up from it; harmony; stillness; maintaining the order of its

obligations; sitting as long as it takes to perform the greetings; and the salaam. As for the sunnan of the prayer, they are

twelve: the extra chapter after the Fatiha; standing upright for it; saying silent what is supposed to be said silently;

saying aloud what is to be said aloud; every takbir is a sunna except the takbir al-ihraam, which is an obligation as

mentioned previously; saying 'Allah hears the one who praises Him.' for the one who is the imam and the one praying

alone; the first sitting; extending the second sitting long enough to perform the greetings; the two tashahhuds; returning

the greetings to the imam and to the one on your left side; saying the final salaam aloud; and the barrier for the imam

and the one praying alone, when they fear that someone will pass in front of them.” 145 The meaning of her words: “Allah made the prayer obligatory when He enjoined it to be two rak’ats and two

rak’ats”; is that the expression ‘two’ rakàts’ was repeated in order to convey the general meaning that there should be

duality for each prayer. Ibn Is’haq added: “Saalih ibn Kaysan related to me this chain of authority in which she said:

‘…except the Maghrib prayer remained three’; this was related by Ahmad using his methodology.” The author said in

his Kitab’l-Hijra by way of Muàmir on the authority of az-Zuhri on the authority of Ùrwa on the authority of Aìsha

who said: ‘The prayer was made obligatory with two rakàts, then the Prophet, may Allah bless him and grant him

peace made the hijra, and the obligatory prayers were made into four.’ The legal source in this narration regarding

On What Has Been Related Regarding the Five Prayers Being Atonement For Errors

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra that he heard

the Messenger of Allah, may Allah bless him and grant him peace, say: “What is your opinion if a

river ran at the door of your house in which you could bathe in it five times a day? What would you

say about that? Will there remain any dirtiness on him?” They said: “No dirtiness would remain on

him.” He, may Allah bless him and grant him peace, said: “Then that is the likeness of the five

prayers. By it Allah wipes away all errors.”146

additional rakàts in these words of hers: ‘…and increase was made in the prayers for the one domicile’, occurred in

Medina. The meaning of her words: “…both when resident or on a journey. Then the prayer of travel remained the

same, and increase was made in the prayers for the one domicile”; is that initially the prayers were made obligatory on

the Night of the Ascension as two rakàts and two rakàts except the Maghrib prayer. Then after the hijra increase was

made except in the sub’h prayer, at the end of the emigration. Similarly, it was related by Ibn Khuzayma and Ibn Hibaan

and al-Bayhaqi by way of as-Sha`bi on the authority of Masruuq on the authority of Aìsha who said: “The prayer made

while domicile and the travel prayer were made obligatory with two rakàts and two rakàts. However, when the

Messenger of Allah, may Allah bless him and grant him peace came to Medina and became settled increase was made

in the prayer made while domicile of two rakàts with two rakàts. The fajr prayer was left as it was due to the

prolonged length of its recitation. The Maghrib was left as it was because it is the odd prayer of the day.” Then after the

obligations of four rakàts were established, then they were lightened during travel when the verse of fear was revealed

regarding Allah’s words: “There is no harm on you in shortening the prayer…”. This was corroborated by what Ibn al-

Athir mentioned in his commentary upon the al-Musnad that the shortening of the prayer occurred in the fourth year of

the hijra, and was taken from what many mentioned from the revelation of the verse of fear. 146 The meaning of his words, upon him be blessings and peace: “What is your opinion”; is a determinative question

usually connected to providing information, and means: ‘Inform me will there remain…?’ The meaning of his words,

upon him be blessings and peace: “…if a river ran”; implies that if a river were established with such-and-such

attributes would such-and-such persists? The expression river (expressed either as nahar or nahr) is body of water

which flows between a valley. It is called nahr due to its expansiveness. Similarly, the daytime is also called nihaar due

to the vastness of its illumination. The meaning of his words, upon him be blessings and peace: “…at the door of your

house in which you could bath in it five times a day? What would you say about that? Will there remain any filth on

him?”; is that the expression dirtiness (daran) means squalor. Dirtiness is applied to small grains of dirt which clings to

bodies. The meaning of his words, upon him be blessings and peace: “Then that”; is that is his is established with you,

then it: “…is the likeness of the five prayers. By it Allah wipes away all errors.” At-Taybi said: “In this prophetic

tradition is extraordinary in expressing the negation of sins because had they limited their response to merely: ‘No’, then

the expression would have be utilized to convey emphasis.” Ibn al-Arabi said: “By way of illustration this prophetic

tradition expresses the idea that just as a person’s body and clothing can be contaminated with sensory filth, but can be

washed cleaned by much water; similarly the five prayers purifies the servant from the filth of sins until nothing remains

of his sins except that it removes it; as Ibn Hajr explained.” He also said: “What is meant in the prophetic tradition by

errors is a general expression embracing minor and major sins.” However, Ibn Bataal said: “It can be extracted from this

prophetic tradition that what is meant by errors are minor sins specifically because he depicted errors as dirtiness which

is small in relationship to festering garbage and filth which comes from the body.” The evidence for this is in what was

related by Muslim on the authority of Abu Hurayra going back to the Prophet, may Allah bless him and grant him peace

who said: “The five prayers are atonement for what occurs between then as long as major sins are avoided.” However,

al-Qurtubi said: “The apparent meaning of the prophetic tradition is that the five prayers are able to atone for all kinds,

but the foremost meaning here is that errors refer to minor sins.”

On What Has Been Related Regarding the Obligation of Covering the Private Parts (awra)

During Prayer and Other Than That147 It has been related in the Saheeh of al-Bukhari in a prophetic tradition of Abu Hurayra that

he said: “The Prophet, may Allah bless him and grant him peace ordered that no one was allowed to

perform circumambulation (tawwaf) around the Kaaba naked.” If there is conclusive prohibition

against nakedness during the tawwaf, then the prohibition is foremost in the prayer.148

147 The scholars agree without dispute that covering the private parts during prayer and at other times is an obligation.

Allah taàla says: “Take your beautification”, is an expression describing an absolute state to be observed for a place;

that is to say what is appropriate from them; and it is clothing which suitably covers the private parts; “…at every place

of worship”; is an expression describing an absolute place determined for a particular state, which a place in which it is

permissible to pray, or make circumambulation. In this verse is proof of the obligation of covering the private parts

during the prayer. The minimum obligation required for men is what is between the navel and the knees. The Shehu may

Allah be merciful to him said in his Ùmdat’l-Bayaan: “The private parts of the man, the slave girl, and a free woman

(around other women) is what lies between the navel and the knee. The private parts of the free woman around every

strange man are her entire body except the hands and face. The private parts of the woman with her male relatives

which she is forbidden to marry is the entire body except the face and the extremities like the head, arms, legs and feet.

What can be seen from a strange man is the same as what can be seen from a mahram and likewise this is what can be

seen by other men (that is the entire body except what lies between the navel and the knees). The slave girl is not

required to cover her head. It is customary for a free woman to uncover her breasts and extremities at certain times, just

as the slave girl can uncover her thighs when the place is free of the presence of men. It is highly recommended for the

slave mother of a son and a young girl to cover themselves and it is obligatory for the free woman who has attained

maturity.” It is obligatory to cover the private parts from the eyes of all men. Apart of the Sunna is that a man should

take the best type of clothing for the prayer and the most beautiful of his clothing for the Friday prayers and the Eid

prayers. 148 The meaning of the words of the Shehu, may the mercy of Allah be upon him: “…in a prophetic tradition of Abu

Hurayra”; which is the prophetic tradition regarding the dispatching of Ali with a message during the pilgrimage led by

Abu Bakr. In the narration on the authority of Ali ibn Abi Talib who said: “The Prophet may Allah bless him and grant

him peace dispatched him on the day of the great pilgrimage with four orders: that no one was to make

circumambulation of the House naked; that no one would enter Paradise except whose soul was Muslim; that no

polytheists would be permitted to make pilgrimage after this year; and that who had a covenant with the Messenger of

Allah, may Allah bless him and grant him peace, then its period would go until appointed time.” In the narration of

Muslim on the authority of Hisham on the authority of his father he said: “The Arabs used to make circumambulation of

the House while naked.” An-Nawwawi said: “This was from among the shameless acts which the Arabs were

accustomed to during the period of Jaahiliyya. It is said that Allah taàla revealed His words: ‘And when they commit

shameless acts, they say: We found our fathers doing it’. For this reason the Prophet, may Allah bless him and grant him

peace during the pilgrimage in which Abu Bakr may Allah be pleased with him led the pilgrims in the 9th

year of the

hijra ordered a announcer to call out that no one was to make circumambulation of the House while they were naked.”

The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace

ordered that no one was allowed to perform circumambulation (tawwaf) around the House naked”; is that in it is proof

of the prerequisites of covering the private parts during circumambulation in the same manner that this is made one of

the prerequisites of prayer. This is because they have a single legal judgment as it was corroborated in the narration of

at-Tabarani on the authority of Ibn Abass: “Circumambulation is prayer, thus decrease speech during it.” In a narration

of as-Shafi`: “Decrease speech during making circumambulation because you are in prayer.” This means that the legal

judgment of both prayer and circumambulation are one and share in the same prerequisites such as purification, and

covering the private parts. This was made clear by his words: “If there is conclusive prohibition against nakedness

during the tawwaf, then the prohibition is foremost in the prayer.” These words are from the Shehu, may Allah be

merciful to him because what is a prerequisite in the prayer is also a prerequisite in circumambulation. The majority of

the scholars hold the view that covering the private parts is from among the prerequisites of prayer, however some of

those who follow Malik make a distinction between the one mindful and the one forgetful.

On What Has Been Related Regarding One Who Prays In a Single Garment Should Cross Its

Ends Over the Shoulders It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said: “I

testify that I heard the Messenger of Allah, may Allah bless him and grant him peace, say:

“Whoever prays in a single garment must cross its ends over the shoulders.”149

On What Has Been Related Regarding the Prohibition of Wrapping With a Garment Tightly

and Sitting With the Legs Raised During the Prayer or Other Than That150

It has been related in the Saheeh of al-Bukhari on the authority of Abu Sa`id al-Khudri, who

said: “The Messenger of Allah, may Allah bless him and grant him peace forbade wrapping one’s

body with a single garment so tight that one could not raise its end or take one’s hands out of it. He

also forbade sitting on the buttocks wrapped in a single garment (without anything covering the

private parts) with the knees close to the abdomen and feet apart, while the hands circled the

knees.”151

149 As-Shawkaani said: “Wrapping oneself in a garment means to cover oneself with it; as it is defined in the al-

Qamuus. What this means is that the garment should not be bound tight in the middle. He should then pray where his

shoulders can be seen. Rather he should link the two together and lift up its edges and wrap his body in it where it takes

the place of a waist wrapper and a gown. That is if the garment is wide. However, if the garment is narrow it is then

lawful to wear it as a waist wrapper without any dislike of that.” An-Nawwawi said: “The expressions ‘covering’

‘sheathed’ and ‘wrapped’ here has one meaning. Ibn as-Sikeen said: “Being sheathed means taking the edge of a

garment which he normally places over the right shoulder and bring it underneath the left arm, and to take the edge of

the garment which he normally places over the left shoulder and bring it underneath the right arm, and then tie the two

edges together on the chest.” 150 The linguists say: “This means wrapping the body in a garment so tight where one cannot his sides nor is there room

enough for him to remove his hands from it.” Ibn Qutayba said: “It is called tight garment because it prevents all

penetration of air where it becomes like a solid rock without any breaks.” The jurist say: “It is wrapping the body in a

garment then lifting one of the sides and placing it one of the shoulders where the private parts become exposed.” An-

Nawwawi said: “Based upon the interpolation of the linguists this action is considered reprehensible so that when a

need occurs to him, it will be then difficult for him to remove his hands, which may cause some harm to him. In the

interpolation of the jurists it is considered forbidden by reason of it being the cause of his private parts becoming

exposed.” The apparent meaning of the expression of the author taken from the narration of Yunus regarding clothing is

that the proper interpolation oh what was mentioned above takes its origin back to the Prophet, and it is consistent with

what the jurists have said. His expression: “tight garment” is that someone places the garment over his shoulder which

causes part of his lower legs be exposed. This is based upon the assessment that it is canceled, which is a proof that it is

sound because the interpolation from the narrators did not contradict the apparent narration. The expression ‘wrapping’

is sitting upon the two rumps and erecting the two lower legs and wrapping the garment around himself. This also called

enclosing (hubwa) and is a custom among the Arabs. Here ends facsimile 15 of the Arabic manuscript. 151 The meaning of his words: “…without anything covering the private parts…” is that there being no clothing for the

private parts in order to cover them.

On What Has Been Related Regarding the Amount of Clothing a Woman Should Pray In


pleased with her, who said: “The Messenger of Allah, may Allah bless him and grant him peace,

used to pray the fajr prayer and some of the believing women covered with their wool veiling cloths,

used to attend the fajr with him and they would return to their homes without being recognized by

anyone.”152

152 The meaning of the expression: “…covered…” as al-Asmai` said: “covering the body is to wrap the body with a

garment in such a manner that it covers the entire body.” In the commentary upon the al-Muwatta of Ibn Habib it says:

“Covering the body only means covering the head, while wrapping it means covering the head and completely

concealing it.” The meaning of the expression: “…their wool veiling cloths…” is from the etymological root of a long

wool shoal (muruut the plural of mirt) which is a long cloth made of silk, wool or something else. What is extracted

from the expression ‘wool shoal’ is that the hair of the wool was black. The meaning of the expression: “…and they

would return to their homes…” is as ad-Dawudi said: “It means it was not known whether they were men or women;

which is that the only things which were apparent to the onlookers were the form of their bodies only. It is said that it

means that their eyes were not known, for one could not distinguish between Khadijah or Zaynab.” In this prophetic

tradition is the legal judgment of it being highly recommended to commence the prayer of subh in the beginning of its

time, as well as the permissibility of women leaving the homes for the masjid in order to be present at the night prayers.

What is extracted from this is it being more lawfulness for them leaving the home for masjid during the daylight hours

because the nighttime is the cause of doubtful assumptions more so than the day. The circumstance of this lawfulness is

that if tribulation is not feared for them or because of them. Some of the scholars take this prophetic tradition as

evidence for the permissibility of women to veil their nose and mouth during the prayer, as if the covering with the

shoal was the way that they were present at the prayer itself. However, `Iyad concluded that the description of covering

indicated the appearance the women had as they departed from the prayer, and Allah knows best.

On What Has Been Related Regarding Facing the Qibla153 It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said

that the Prophet, may Allah bless him and grant him peace, said: “Face the qibla and say: ‘Allahu

akbar’.”154

153 The Muslims are unanimous regarding the facing of the qibla, meaning the Kaàba in Mecca, that it is a prerequisite

from the conditions of the soundness of prayer. Allah taàla says: “So turn your faces in the direction of the Sacred

Mosque.” Directly facing the qibla has been made lawful for us if we can see it at the times of our prayers; or facing in

its direction if it is absent from us due to distance or something else. In this is an indication that the command to face it

for the person far from it is by direction, because facing it by eyesight would be obviously difficult for him in contrast to

the one near it. Thus facing the qibla or its direction is a prerequisite of the soundness of the obligatory prayers; except

for the prayer of combat; or when the rider fears robbers and wild animals if he dismounts and prays. Therefore he prays

while mounted facing the direction of the qibla or in another direction. Shaykh Abdullahi ibn Fuduye, may Allah be

merciful to him` said in his Shifa ‘n-Naas Min Daa’ ‘l-Ghaflati wa’l-Waswaas: “The qibla of a person’s face is the

direction of the Sacred Masjid. The qibla of his spirit is the Bayt’l-Ma`muur. The qibla of his heart is the Throne of his

Lord. The qibla of his secret is the Holy Essence, where it is connected to Allah, turning away from everything besides

Allah.. Thus, the extent of his remoteness from his worldly life is based upon the extent of the nearness of his secret to

his Lord. May Allah provide us with that from His favor and generosity –Amen.” 154 Regarding the meaning of his words, upon him be blessings and peace: ‘Face the qibla”; In this prophetic tradition is

the concept that is highly recommended to face the qibla even when making supplication, or reciting the Quràn,

making the call to prayer and the remainder of acts of obedience to Allah, except during those acts which are excluded

with legal proof such as when giving the sermon of the Friday prayer. It is the unanimous agreement of the Muslims

which state that facing in the direction of the Sacred House is a prerequisite from the prerequisites for the soundness of

the prayer by His words: ‘So turn your faces in the direction of the Sacred Mosque. And wherever you maybe turn your

faces towards it’. Face it either by looking directly at the House, which is an obligation for the one in eyesight of it, and

there is no disagreement in that. Shaykh Ahmad ibn Abdullahi al-Ghayni said: “It is an obligation upon every

responsible person to learn the evidence of the direction of the qibla, if he cannot find someone to follow in that; and a

mujtahid is not permitted to follow another when clear signs of the direction of the qibla are apparent to him, and he is

firm in his evidence.” Ibn’l-Qasim said: “The proof of the direction of the qibla is determined during the daytime by

facing one’s shadow when the shadow becomes stationary just before it begins to increase due to the movement of the

sun. For that then is your qibla direction.” Some of the scholars say: “These words of Ibn al-Qasim are not applicable in

every time.” Al-Ujhuri said: “For the one who is not fit to make independent judgment, and he is unable to find

someone that he can follow in that; nor can he find a sound prayer niche (mihraab saheeh); then it is obligatory upon

him during his prayers to place the direction of west behind his back, or to place the direction of east in front of him. (I

say: these words of al-Ujhuri are applicable to the people of Egypt, Morrocco and some of the Bilad’s-Sudan) Thus, his

prayer will be considered valid in any time, because he would have only accomplished a slight deviation from the sound

qibla. This slight deviation does not constitute harm with us for the one who is not present in one of the three Sacred

Masaajid. The summation of the signs of the direction of qibla is that whoever in in Egypt that he should place the

North Star behind his left ear; if he is in Iraq he should place it behind his right ear; if he is in Syria he should place it

behind his back; and if he is in Yemen he should place it in front of him. If he does this then he will be inevitably facing

the direction of the qibla.” Shaykh Ahmad ibn Abdullahi al-Ghayni said: “If the person is blind, then he should ask for

guidance regarding the direction of the qibla, or he should follow someone else who is responsible and knowledgeable

or he should follow the direction of the prayer niche. If the one who is a follower cannot find someone that he can

follow in this matter, or the mujtahid himself is confused, then he can chose whichever direction which his soul is

content with and then pray, even if he has to pray in all four direction; then all of his action will be considered good

since some of the teachers chose this for him. As for the one who is completely unable to face in the direction of the

qibla in any circumstance, like the one who prays in a state of an intense military encounter; or he prays while he is

underneath a demolished building; then the obligation of facing the direction of the qibla is removed from him, and his

prayer in whichever direction he prays is valid, in the same manner that the prayer of one traveling can pray the

superogatory shortened prayer while mounted on his ride facing in whichever direction his mount is traveling; even if it

is the witr prayer.” The meaning of his words upon him be blessings and peace: “…and then say: ‘Allahu Akbar”; this is

the the takbir’l-ihraam by saying: ‘Allahu Akbar’ which commences the prayer. It is called ‘sacrosanct’ (ihraam)

because the takbir makes forbidden what was permissible before it. Some of the scholars say: “The entrance into the

prayer is so called because it makes eating, drinking and other than that forbidden for the one praying.” It is also

conceivable that it means ‘sacred’ with the meaning of ‘inviolable’; that is to say, the prayer is a sacred space. For the

On What Has Been Related Regarding the Reward for One Who Constructs a Place of

Worship155 It has been related in the Saheeh of al-Bukhari on the authority of Uthman ibn Afan, who

said he heard the Prophet, may Allah bless him and grant him peace, say: “Whoever builds a place

of worship intending by that the pleasure of Allah, Allah will build for him the like in Paradise.”156

Prophet, may Allah bless him and grant him peace used to make the takbir by saying: “Allahu Akbar”. The scholars

differ regarding the takbir into three distinct madhaahib: some say that all the takbirs are obligatory during the prayer;

some say that all of them are not obligatory, but this view is obscure; and some who say that only the takbir’l-ihraam is

obligatory, which comprise the majority view. Malik said: “It is not permissible to pronounce the takbir other than

saying: ‘Allahu Akbar’.” As-Shafi` said: “The expressions: ‘Allahu Akbar’ or ‘Allahu al-Akbar’ both are permissible.”

Abu Hanifa said: “It is permissible that the expression of the takbir be done with any expression which has the same

meaning, such as ‘Allahu al-Aadhim’ and ‘Allahu al-Ajil’.” In each prayer of two rakàts it consists of eleven takbira,

which includes the takbir’l-ihraam and the five takbira for each raka`t. In each three rakaàt prayer it consists of

seventeen takbira, which include the takbir’l-ihraam, the takbir of standing from the first tashahhud and the five

takbira for each raka`t. In each prayer of four rakaàt it consists of twenty-two takbira. In all the five prescribed prayers

together, they consist of ninety-four takbira. And as we mentioned the takbir’l-ihraam is and obligation and the others

are Sunna. If someone neglects those that are sunnan, his prayer is valid but he has missed some of the merits of the

prayer and acting in accordance with the Sunna. This is the madh’hab of all the scholars except Ahmad ibn Hanbal, may

Allah taàla be merciful to him in one of his narrations where all of the takbira are an obligation. 155 This means what is for him from bounty and nobility with Allah taàla and the Divine Reward written for the one

who does it. 156 Regarding the meaning of his words, upon him blessings and peace: “Whoever builds a place of worship”; it is said

that it means if it is constructed in order to remember Allah taàla in it and so that He can be worshipped in it. In the

meaning of the expression ‘place of worship’ (masjid) as an indefinite noun in order to encourage the diffusion of places

of worship, and this includes big and small places of worship. This is in accordance with the narration of Anas with at-

Tirmidhi: “…whether it is small or big…”. Ibn Abi Shayba added in a prophetic tradition from another perspective on

the authority of Uthman: “…even if it is like a bird’s nest.” In the narration of Ibn Khuzayma from a prophetic tradition

of Jaabir: “…even if it is like a bird’s nest or smaller…”. Most of the scholars interpolate this superlative expression to

simply imply the importance of constructing a place of worship, because a bird’s nest in which birds place their eggs

and nest upon them is no where near sufficient to pray in. All of this indicates that what is intended by a place of

worship is any place which occurs to the mind as a place in which prayer can be performed, especially if what is

intended by ‘place of worship’ is the place where prostration is made only; as Imam Ibn Hajr asserted. The meaning of

his words, upon him blessings and peace: “…intending by that the pleasure of Allah”; is that he seeks by means of that

the pleasure of Allah. This means that if he constructs it out of sincerity for Allah taàla and nothing else; in that he does

not build it for reasons of showing off, fame, repute, renown, for his name to be remembered or anything else from the

reasons of this world’s life, then he will not be included among he people of this bounty and nobility. It is for this

reason that Ibn al-Jawzi said: “Whoever has his name recorded upon a masjid, which he constructed is secluded from

being sincere.” The meaning of his words, upon him blessings and peace: “…Allah will build for him the like”; is that

this is a phrase giving a description of a verbal noun which is omitted; that is to say he will construct a building the like

of it; along with the fact that it will be ten times more excellent than it in similarity based upon the words of Allah

taàla: “Whoever comes with good deeds will have ten like it.” It is conceivable that what is meant is that Allah will

construct for him ten buildings like it. However, the origin is that the reward of the single good deed will be one with

respect to the judgment of justice, but will be enhanced and increase with respect to bounty. It is said that what is meant

by likeness here is with respect to quantity and that the increase will occur with respect to that quantity. It is also said

that the objective of the expression likeness is that the reward of this good deed will be from the genus of its

construction and nothing else, along with the fact that similarity which will occur will be limited in relationship of this

world’s life to the vastness of Paradise; since the place of a hand span in Paradise is better than the entire world and

what is in it, as it was corroborated in the narration of Ahmad on the authority of Wa’ila: “Allah will construct for him

in Paradise what is superior to it.” In the narration of at-Tabarani on the authority of Abu Amama: “…what is vaster

than it.” The meaning of his words, upon him blessings and peace: “…in Paradise”; is that he will enter it and reside in

it. In this is an indication that the performer of such an action will enter Paradise, since the objective of Allah

constructing it is in order for him to reside in it and he cannot reside in it except after first entering Paradise. An-

Nawwawi said: “It is conceivable that the words of the Messenger of Allah, may Allah bless him and grant him peace

On What Has Been Related Regarding the Blessings of One Who Goes to the Mosque and

Returns from It157 It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra who said

that the Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever goes to the

mosque and returns from it Allah will prepare for him an honorable place in Paradise for each going

or returning he does.”158

On What Has Been Related Regarding Tallying the Steps to the Mosque

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik that the

Banu Salama desired to relocate from their place159 to a place near the Prophet, may Allah bless him

and grant him peace. But the Prophet disliked them leaving their homes uninhabited and said: “Do

you not consider that you will get a reward for everyone of your footsteps.”160

regarding likeness could have two interpolations. The first one being that it means that Allah will construct its likeness

in what can be called a house. As for its description in vastness and other than that, it is well known that the superiority

of what is in Paradise is like what o eye has seen, no ear has heard and what has never occurred to the hearts fof man.

The second is that it means that its superiority over the other houses in Paradise will be like the superiority of places of

worship in this life to normal houses.” 157 What is meant by “one who goes” is the one who actually departs for the masjid. In the narrative of Abu Dharr he

utilized the expression ‘departs’ in exchange for the expression ‘goes’. In the narrations of al-Mustamali and as-

Sarkhasi they utilized the expression: ‘whoever leaves’ using the present tense which has the meaning of departing.

What is meant by “return from it” is actually returning home from the masjid. The linguistic root of the word ‘going’ in

Arabic is the actual departing of the cow to pasture in the daytime, and the linguistic root of the word ‘returning’ in

Arabic is their returning from pasture after the sun descends from its zenith. Then the Arabs utilized these two phrases

to indicate every kind of coming and going in general. 158 The meaning of his words upon him be blessings and peace: “Whoever goes to the mosque…”; that is to say depart

for it as it was related in one narration; and in another he said ‘departs’. The meaning of his words upon him be

blessings and peace: “…and returns from it”; that is to say he goes to it and returns from it. The etymological root of

going (ghada) and returning (rawaah) is going out in the early morning and returning in the evening, but today it is used

for every concept of going and returning, as we mentioned. The meaning of his words upon him be blessings and peace:

“…Allah will prepare”; is that He will make ready or arrange. The meaning of his words upon him be blessings and

peace: “…for him his honorable place”; as it was related in the narration of al-Kashmaheeni: is ‘an honorable place’

with the indefinite form of the noun. The expression ‘place’ (nuzul) with the letters nuun and zay inflected with damma

is a locale which is made ready for disembarking and residing in. The same expression with the letter zay inflected with

kasra ‘hospitality’ (nuzil) is what is normally prepared and arranged for the guests from accommodations, entertainment

and the like. For this reason what is meant by his use of the genitive particle ‘from’ (min) in his words: ‘from Paradise’

is a portioning or partitioning in the interpolation of ‘his honorable place; and as clarification in the interpolation of ‘a

honorable place’. It is for this reason that Muslim, Ibn Khuzayma and Ahmad related the narration with the expression:

“…an honorable place in Paradise”; which embraces both meanings. The meaning of his words upon him be blessings

and peace: “…from Paradise”; is as it was related in another narration with the genitive particle min ‘from’ substituted

with that of fee ‘in’, but which carries the same meaning. The meaning of his words upon him be blessings and peace:

“…for each going or returning he does”; with the particle of conjunction ‘or’ (aw) but with the meaning of the particle

of conjunction ‘and’ (waw) because of the necessity of the two matters until he attains his honorable place; although the

particle of conjunction ‘or’ (aw) does suffice in carrying both meaning. Thus it means with each going to and returning

from the masjid Allah has prepared for him His reward, because He is the Most Generous of the generous who never

forfeits the recompense of those who do good. The apparent meaning of the prophetic tradition is the attainment of

spiritual bounty for the one who goes to the masjid unrestrictedly; however the objective here is that these bounties are

specifically reserved for those who go to the masjid for the purpose of worship; and the prayer is the fountainhead of all

worship and Allah knows best. 159 Here ends facsimile 16 of the Arabic manuscript. 160 The overall meaning of the prophetic tradition is that the homes of the Banu Salma were far from the mosque, which

was indicated clearly in the narration related by Muslim by way of Abu az-Zubayr who said: “I once heard Jabir say:

‘Our homes were far from the mosque, so we desired to relocate our homes and move closer to the mosque; but the

On What Has Been Related Regarding the Times of the Prayer161


the Prophet, may Allah bless him and grant him peace used to pray dhuhr at midday, the asr when

the sun was still bright, maghrib at its required time and ìsha at various times and various times.

Whenever he saw the people assembled for ìsha, he would pray earlier. If he saw them delayed, he

would postpone the prayer. The subh prayer, they or the Prophet may Allah bless him and grant him

peace used to pray it when it was still dark.”162

Messenger of Allah, may Allah bless him and grant him peace forbade that and said: ‘Verily for you with each step

there is a spiritual rank’.” In a narration related by as-Siraaj by way of Abu Nadra on the authority of Jabir that he upon

him be blessings and peace said: “They want to move closer for the purpose of the prayer, however will you not count

your footsteps while walking to the mosque? Indeed for each step there is a reward.” 161 The issue regarding the times of prayer is originally apart of the issues of the prerequisites of the obligations of the

prayer and the prerequisites of the soundness of the prayer, because prayer is an act of worship which is estimated by set

times. Allah taàla says: “Verily the prayer is obligatory upon the believers as a timed ordinance”; that is to say, as a

timed obligation. For when the proper time comes, then it is obligatory to perform the ablution or what stands in the

place of ablution. The time of prayer is the lawful predetermined time for worship. It includes either the proper time of

its performance or the time for making it up. The proper time for the performance of the prayer is either the chosen time

or the required time. The chosen time is either the meritorious time or the extended time. Ibn Habib said: “Each prayer

has three times except the sunset prayer. It only has one set time.” The Messenger of Allah, may Allah bless him and

grant him peace said in a prophetic tradition which is mursal on the authority of Mujahid: “The most superior of hours

is the set times of the prayer, so perform them in them.” Thus, knowledge of the entrance into the times of prayer is

obligatory upon every responsible person who is able to know that. It is an individual obligation upon every responsible

person, with the meaning that it is not permissible for a person to enter into the prayer until he has ascertained with

some certainty that its proper time has occurred. It has been related by Abu Dawud on the authority of Umm Farwa that

the Messenger of Allah, may Allah bless him and grant him peace was once asked: “What is the most superior action?”

He said: “Performing the prayer in the beginning of its time.” 162 The meaning of his words: “…the Prophet, may Allah bless him and grant him peace used to pray dhuhr at

midday”; As-Suyuti said: “Midday (haajira) is during the time of the severest heat of the middle of the day.” I say: this

is what the linguists say, however what is intended here is after the sun begins to descend from its zenith; which is when

it begins to move towards the west. In the al-Qamus it states: “This time comprises from the time of the descent of the

sun from its zenith until the time of àsr. It is obvious that the beginning of the descent of the sun from its zenith does

not establish the precise beginning of dhuhr and the beginning of the àsr does not include the specific time desired.”

The apparent meaning of these words is that what is intended for the time of dhuhr is its first part by name, but with the

meaning of that time which is close to midday by half. This is because what is desired is that he used to pray the dhuhr

prayer in the beginning of its time. That is to say that he did not postpone it by much. This does not negate the legal

judgment of allowing the heat of midday to cool off, because the judgment of allowing the heat to cool is specific for

hot days; in order to clarify that heat does not hinder the prayer from being established in its beginning time. If this is

the case, then this is even more so when the days or not hot.. The meaning of his words: “…the asr when the sun was

still bright”; this means that the sun’s illumination or the sun itself is untainted and pure in which there is no yellowish

without any alteration. The meaning of his words: “… maghrib at its required time”; is as it was related in a narration

from Abu Dawud on the authority of Muslim ibn Ibrahim which stated: “…and maghrib should be prayed when the sun

sets.” In a narration by Abu Àwaana by way of Abu an-Nadr on the authority of Sha`ba it stated: “…and maghrib is to

be prayed when the sun sinks.” These statements are proof that the dropping of the orb of the sun beyond the horizon is

the beginning of the time of maghrib. The meaning of his words: “…and ìsha at various times and at various times.

Whenever he saw the people assembled for ìsha, he would pray earlier. If he saw them delayed, he would postpone the

prayer”; is that sometimes he would postpone it and sometimes he would do it promptly. It has been related on the

authority of Muslim ibn Ibrahim on the authority of Sha`ba who said: “When there were a lot of people he would

perform it promptly, and when there were few people he would postpone it.” Ibn Daqeeq al-Èid said: “Whenever there

is a conflict in an individual regarding two matters: one being promptly performing the prayer in the beginning of its

time by himself; or postponing it for the congregation – which of them is superior?” The closer opinion to me is that

postponing the prayer for the congregation is superior. The phrase on this issue which proves that, is the statement:

‘…and when he saw they were slow in coming, he would postpone it’. Thus, he postponed the prayer because of the

congregation although he could have conceivably done it promptly.” The meaning of his words: “The subh prayer, they

On What Has Been Related Regarding Allowing the Cooling of the Heat for the Dhuhr

It has been related in the Saheeh of al-Bukhari on the authority of Abu Saìd163 that the

Messenger of Allah, may Allah bless him and grant him peace, said: “Wait until it becomes cool for

the dhuhr prayer, for the severity of the heat is from the raging of Jahannam.”164

or the Prophet may Allah bless him and grant him peace”; is that al-Karmaani said: ‘There is doubt from the narrators

on the authority of Jabir.’ The meaning of his words: “”…used to pray it when it was still dark”; that is he or they used

to pray the sub’h prayer during the darkness of the last part of the night, which means the issue regarding the sub’h

prayer is that it should always be expedited, unlike what is normally done with the ìsha prayer in expediting it or

postponing it. 163 That is Abu Saìd’l-Khudri. See footnote number 29 for a brief biography of him. 164 The meaning of his words upon him be blessings and peace: “Wait until it becomes cool”; is that you should

postpone it until the time becomes cooler. The command to allow it to become cool is an imperative which indicates it

is highly recommended. It is said that the imperative is simply as a means of giving guidance and advice. It is said that

on the contrary, the imperative actually implies an obligation, which was narrated by Ìyad and others. The majority of

the people of knowledge say that it is merely highly recommended to postpone the dhuhr prayer during the severity of

the heat until a time that it cools off and the midday heat abates. Some of them specify this legal ruling for the

congregation prayer. As for the one praying alone, it is better to expedite the prayer. This is the opinion of the majority

of the Maliki scholars. The followers of as-Shafi` also share the same view except that they specify this ruling to apply

to a land that is normally hot. The prominent view from Ahmad is that expediting the prayer or postponing it is the same

without any specification or restriction. This is also the view of Is’haq, the scholars of Kufa and Ibn’l-Mundhir. Some of

the scholars hold the view that it is absolutely better to expedite the dhuhr prayer; while some say that this was

abrogated by the prophetic traditions regarding letting it cool off for the dhuhr prayer, which is the final view regarding

it. At-Tahawi utilized as evidence for this the prophetic tradition of al-Mughira ibn Sha`ba who said: “We used to pray

the dhuhr prayer with the Prophet, may Allah bless him and grant him peace at the hottest time of the day, then he said

to us: ‘Let it cool off for the prayer’.” The men who narrated this prophetic tradition are reliable as narrated by Ahmad,

Ibn Maja and whose veracity was later corroborated by Ibn Hibban. The meaning of his words, upon him be blessings

and peace: “…for the dhuhr prayer”, is that it is singled out for mentioning because it is a prayer whose heat is usually

very severe at the beginning of its time. The meaning of his words, upon him be blessings and peace: “…for the severity

of the heat is from the raging of Jahannam”; due to the vastness of the diffusion and respiration of the Hell Fires, as

well as the fact that heat emerges from the locality of the ferocity of Hell, which indicates its vastness. This is a

metaphorical expression which indicates the severity of its heat and diffusion. The apparent meaning of the expression

indicates that the real causative factor for the inferno of the heat in the earth is from the raging of the heat of Hell Fires.

It is said that this expression is merely a figurative expression of similitude. That is to say that the heat of the earth is as

if it were the fire of Hell Fires in its severity. However, the first interpolation is foremost and is corroborated by the

prophetic tradition: “The Hell Fires complained to its Lord, and said: ‘Lord parts of me consumes other parts.’ Then He

gave it permission to have two respirations: a respiration in winter and a respiration in summer. This is the severity of

heat which is experienced in summer and the bitter cold which is experienced during winter”; as it was related by Malik

and Ibn Maja on the authority of Abu Hurayra.

On What Has Been Related Regarding the Adhaan and the Iqaama165

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik who said:

“Bilal was ordered to double the wording of the adhaan and to pronounce the wording of the

iqaama once.”166

165 The call to prayer (al-adhaan) is the proclamation inviting to the prayer, and is signal for it and its time. Allah taàla

says: “O you who believe when you are called to the prayer of the day of the weekly congregational prayer, then hasten

to the remembrance of Allah.” This Qur’anic verse establishes the lawfulness of the proclamation of the prayer, which

is the call to it (al-adhaan). The Shehu, may the mercy of Allah be upon him said in his Mirat’t-Tullab: “As-

Shabrakheeti said in his commentary upon the Mukhtasar: “It is the sound opinion that the call to prayer is a Sunna,

specified as an obligatory duty for the people of the mosque, even when two mosques are adjacent to one another, in

close proximity or if one is above the other. Ibn Àrafa and Ash’hab both said: “If the call to prayer is made in one of

two mosques which are adjacent to one another, in close proximity or one is above the other, it does not suffice for the

other.” It is a collective obligation as a duty of the people of a city as Ibn Àrafa said: “If a people intentionally neglect

it, they are to be fought as a result, because it is an obligatory war.” In the Miftaah as-Sadaad the commentary upon the

Irshad as-Saalik it states: “There is disagreement regarding its legal ruling. However, the most prominent opinion here is

that it is a Sunna.” In the Risaalat: “It is obligatory.” Abd’l-Wahaab said: “It is an obligatory Sunna.” As for the iqaama

it is considered the second call to prayer. It has been related by Ibn Wahb on the authority of Ibn Zayd who said: “In the

time of the Prophet, may Allah bless him and grant him peace there only existed two calls to prayer: the call made when

the Imam sat upon the minbar and the call made when the prayer was established.” These two were the actual call to

prayer (al-adhaan) and the iqaama. 166 The meaning of his words: “Bilal was ordered”; is that was is meant by the expression ‘ordered’ is the lawful

command which it is incumbent to follow, which was from the Messenger, may Allah bless him and grant him peace. It

has occurred in another narration of the above mentioned Rawh ibn Àtaa’: “He then ordered Bilal”; where the name

Bilal is in the accusative case and the doer of the command is the Prophet, may Allah bless him and grant him peace.

This is stated more explicitly in the narration of an-Nisaai’ and others on the authority of Qutayba on the authority of

Abd’l-Wahaab using his expression: “The Prophet, may Allah bless him and grant him peace ordered Bilal…”. The

meaning of his words: “…to double the wording of the adhaan”; means to articulate its expressions twice. Az-Zayn ibn

al-Muneer said: “The description of the call to prayer being doubled is actually an interpolation on his words duality,

that is to say it should be recited twice. The apparent judgment is that all the expressions of the call to prayer should be

articulated twice equally, however, there is no disagreement that the word of Divine Unity in the last part of the call to

prayer should be articulated singularly.” The scholars differ regarding the call to prayer into four different well-known

descriptions. The first is doubling the takbir, saying the two shahada four times and the remainder of it twice. This is

the mahd’hab of the People of Medina, Malik and others. Some of the latter scholars who follow Malik make what is

known as reverberation, which is saying the first two shahada in a whisper and then repeat them again a second time in

a loud voice. The second description is the call to prayer of the People of Mecca, which is the madh’hab of as-Shafi`,

which comprises making the first takbir four times as well as the two shahada and saying the remainder of the call to

prayer twice. The third description which is the call to prayer of the People of Kufa comprises of making the first takbir

four times and then reciting the remainder of the call to prayer twice. This is the madh’hab of Abu Hanifa. The fourth

description is the call to prayer of the People of Basra which comprises saying the first takbir four times, reciting the

two shahada along with ‘come to prayer’ and ‘come to successes three times, by combining all four statements together

and repeating them three times. This is the madh’hab of al-Hassan al-Basri and Ibn Sireen. The legal reason for the

differences for each of these four descriptions is based upon the different proofs they adhere to as well as the different

behavior in which the proofs were utilized. For this reason the People of Medina took as their madh’hab the behavior in

that which was passed down to them in Medina. The meaning of his words: “…and to pronounce the wording of the

iqaama once”; is that Malik says that the iqaama comprises of 10 words including the word of the Divine Unity and the

expression: ‘The prayer has been established’ (qad qaamat as-salaat). He took as his evidence the prophetic tradition of

Anas who said: “Bilal was ordered to double the wording of the adhaan and to pronounce the wording of the iqaama

once, except the expression of ‘establishment.” That is to say, except his saying: ‘the prayer has been established’ (qad

qaamat as-salaat). As for as-Shafi`, Ahmad and Is’haq, their view was that the iqaama comprised of 11 words and that

the expression: ‘The prayer has been established’ (qad qaamat as-salaat) should be articulated twice. They take as their

evidence the prophetic tradition of Abdallah ibn Zayd ibn Abdirabbihi who said: “When the Messenger of Allah, may

Allah bless him and grant him peace commissioned the use of gongs” in which he said: “…he then should say when he

establishes the prayer: ‘Allahu akbar, Allahu akbar, ash’hadu an laa ilaha illa Allah ash’hadu anna Muhammada’r-

Rasuululahi, hayya àla as-slaat, hayya àla’l-falaah, qad qaamat as-salaat, qad qaamat as-salaat, Allahu akbar, Allahu

On What Has Been Related Regarding the Account of the Muàdhin During the Adhan

It has been related in the Saheeh of al-Bukhari on the authority of Abu Saìd al-Khudri that

the Messenger of Allah, may Allah bless him and grant him peace, said: “When you hear the

muàdhin, you should say the like of what the muàdhin says.”167

In the Saheeh of Muslim on the authority of Umar ibn al-Khataab, who said that the

Messenger of Allah, may Allah bless him and grant him peace, said: “When the muàdhin says:

Allah is the greatest! Allah is the greatest! - He should say: Allahu akbar! Allahu akbar! When he

says: I bear witness that there is no deity except Allah!168 He should say: Ash’hadu an Laa ilaha

illa Allah! When he says: I bear witness that Muhammad is the Messenger of Allah! -You should

say: Ash`hadu anna Muhammadan rasulullah! When he says: Come to the prayer! – He should say:

There is no power nor might except with Allah!. When he says: Come to success! - He should say:

There is no power nor might except with Allah. When he says: Allahu is the greatest! Allah is the

greatest! - He should say: Allahu akbar! Allahu akbar! When he says: There is no deity except

Allah! - You should say: Laa ilaha illa Allah! If he says this sincerely in your heart, he will enter

paradise.”169

akbar, laa ilaha illa Allah’.” As it was related by Ahmad in his Musnad in that manner, and as it was also related by Ibn

Hibban in his Saheeh. 167 The meaning of his words upon him be blessings and peace: “When you hear”; is that the apparent meaning is that

the response is specified for the one who actually hears it, even to the point that when for example one sees the

muàdhin upon the minaret at the time of the prayer, and knows that he is making the adhaan, however he cannot hear

him due to being far from him or due to deafness, then he is not directed to follow him in that. This was the opinion of

an-Nawwawi in his commentary upon the al-Mahdhab. The meaning of his words upon him be blessings and peace:

“…the muàdhin”; means his voice or his call to prayer. The meaning of his words upon him be blessings and peace:

“…you should say”; is that it gives proof of the obligation to answer the call of the muàdhin, as at-Tahawi narrated on

the authority of some of the people of early community (as-salaf). It is this view which Abu Hanifa held as well as the

people who follow at-Thaahir and Ibn Wahb. The meaning of his words upon him be blessings and peace: “…the like of

what the muàdhin says”; is that the apparent meaning of his expression: ‘the like of’ is that he should say the like of his

words in all his expressions. However, the coming prophetic tradition from Umar gives evidence that there is an

exception to that ruling. He author of the Bidaayat’l-Mujtahid said: “The scholars differ regarding what the listener to

the muàdhin is to say. Some of the people held the view that he should say exactly what the muàdhin says, word for

word until the end of the call to prayer. Others held the view that he should say what the muàdhin says except when he

says: ‘Come to the prayer, come to success’ (hayya àla as-salaat, hayya àla’l-falaah) he should say: ‘There is no

power or might besides Allah’ (laa hawla wa laa quwwata illa billahi). The legal reason for the disagreement in this is

the discrepancy in the narratives regarding that. Those who follow the preponderant school of thought hold to the

general meaning of the prophetic tradition of Abu Saìd al-Khudri. Those who construct the general ruling in that upon

the specific gather together the rulings of the two prophetic traditions. This is the view held by Malik ibn Anas.” 168 Here ends facsimile 17 of the Arabic manuscript. 169 The meaning of his words upon him be blessings and peace: “When the muàdhin says”; is that when the muàdhin

makes the call to prayer. The meaning of his words upon him be blessings and peace: “…Hayya àla ‘s-Salaat! (Come

to the prayer!)”; is approach and arrive at it. The meaning of his words upon him be blessings and peace: “…He should

say: Laa hawla wa laa quwwata illa billah! (There is no power or might except with Allah!)”; is that there is no

stratagem in escaping the barriers which prevent obedience, nor is there any movement in performing an act of

obedience except with His exalted success and assistance. The meaning of his words upon him be blessings and peace:

“…When he says: Hayya àla’l-Falaah! (Come to success!)”; is approach and arrive at it. The expression ‘success’

(falaah) means achievement (fawz), deliverance (najaat) and hitting upon what is good (isaabat’l-khayr). Thus its

meaning is: ‘Come to the causative factor of the Supreme Achievement, continuity in Paradise and eternity in Divine

favor and eternal success.’ The meaning of his words upon him be blessings and peace: “…Laa hawla wa laa quwwata

illa billah! (There is no power nor might except with Allah)”; a second time is that there is no phenomenal dynamic

movement nor is there any capacity for it except by the Will of Allah. It is said that it means: ‘There is no power in

warding off evil, nor is there any might in obtaining good, except by means of Allah.’ It is also said that it means:

On What Has Been Related Regarding the Supplication (duà) Which Follows After Hearing

the Adhan


the Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever says when he

hears the proclamation O Allah, the Lord of this perfect call and this established prayer, give

Muhammad the agency the bounty and the highest rank; resurrect him to the station of mahmuud

which you have promised him); then incumbent upon him is my intercession on the Day of

Standing.”170

‘There is no power against disobedience of Allah except by means of Allah.’ The meaning of his words upon him be

blessings and peace: “…sincerely in his heart”; is that in this expression is proof that all actions are conditioned by their

objective and sincerity, based upon his words, may Allah bless him and grant him peace: ‘…sincerely from his heart.’

The meaning of his words upon him be blessings and peace: “…he will enter Paradise”; is that what is meant is that he

will enter It among the redeemed. Other than that, every believer will no doubt enter the Paradise, even if his entrance

into it will be preceded with Divine Punishment commiserate with his crimes, if he is not pardoned; except when he

says it with the tongue along with firm belief in the heart. This is because articulation of the Divine Unity is extolling

Allah taàla, showing compliance to obedience to Him, and leaving all matters over to Him. For whoever, obtains this

has indeed achieved the reality of sound belief, the perfection of Islam and has deserved Paradise by the bounty and

favor of Allah taàla. Realize that the call to prayer (al-adhaan) is comprehensive speech comprising the doctrine of

sound belief, and embraces in its variety of expressions all the intellectual and traditionally narrated doctrines of belief.

The first part of the call to prayer establishes the existence of the Divine Essence and what is commendable to Him from

perfection and what He is free of regarding the opposite of perfections. That is the meaning of the words: ‘Allah is the

greatest.’ Then the call to prayer explicitly establishes His Oneness and negates its opposite from polytheism which is

impossible regarding His glorious and exalted right. This expression is the support of sound belief, and Divine Unity

which is the introduction to every function of the religion. Then the call to prayer explicitly establishes prophethood and

testimony of the messengership of our Prophet, may Allah bless him and grant him peace. This expression is the

greatest axiom after the testimony of the Divine Oneness. Thus its place falls after the expression of Divine Unity,

because it is from the issues actions which are possible. Then the call to prayer invites them to what they are summoned

to from worship; for it invites them to the prayer, which follows after the establishment of prophethood. This is because

the obligation of the prayer came to us from the direction of the Prophet, may Allah bless him and grant him peace, not

from the direction of reason. Then the call to prayer invites to success, which is the Supreme Achievement, and

continuity in the Abiding Blessing. In this expression is a reminder of the matters of the Hereafter, regarding the

resurrection, the Divine recompense, which comprise the final narrative of doctrine of belief in Islam. Then the call to

prayer repeats this concept with the establishment of the prayer, as a signal of is commencement, which embraces the

corroboration of sound belief, since the one praying enters it based upon a clear response to His command and from

spiritual insight of his belief . This reinforces the immensity of what he has entered and the immense right of the One he

worships, as well as the shere generosity of His reward. All the foregoing is what Qadi Ìyad said in a condensed

fashion. 170 The meaning of his words, upon him be blessings and peace: “Whoever says when he hears the proclamation”; that

is the call to prayer (al-adhaan). It is conceivable that the prophetic tradition implies that he is to say it when he hears

the completion of the proclamation of the muàdhin. However, the apparent meaning is that he is to say the mentioned

litany at the time he hears the call to prayer, and it is not restricted to being recited when it is completed. This was the

opinion of the followers of Abu Hanifa, and Ibn Wahb from the followers of Malik, but is contrary to at-Tahawi and his

companions who were in conformity with the majority opinion, which is that it should be said after its completion. The

meaning of his words, upon him be blessings and peace: “…Allahumma (O Allah)”; where the letter mim is exchanged

for the vocative particle “O” (yaa). It is for this reason that it is never permissible to join the two. The meaning of his

words, upon him be blessings and peace: “…the Lord of this perfect call”; is that what is meant here by call (da`wat) is

the actual expressions of the call to prayer which is used to invite a person to the worship of Allah taàla, as al-Ayni

said. It is said that what is meant by ‘perfect’ (taammat) is the invitation to the Divine Unity because polytheism by its

nature is imperfect. Or it means the perfection which alteration and change cannot enter. Rather, it is an invitation of

perfection which will persists until the Day of Gathering. Or it is perfect because it is an invitation which necessitates

the attributes of completion, and what is beside it leads to corruption. Ibn at-Teen said: “It is described as perfect

because in it is the saying of: ‘There is no deity except Allah’.” At-Taybi said: “From its beginning until the words:

‘Muhammad is the Messenger of Allah’ is what comprises the perfect call.” The meaning of his words, upon him be

In the Saheeh of Muslim on the authority of Sa’d ibn Abi Waqqas on the authority of the

Prophet, may Allah bless him and grant him peace, who said: “Whoever says when he hears the

muàdhin: I bear witness that there is no deity except Allah, the One who has no partner. And I bear

witness that Muhammad is his slave and messenger. I am pleased with Allah as my Lord, with

blessings and peace: “…and this established prayer”; which means a persistent prayer whose religion will never alter

nor will it ever be abrogated by another Divine law. Rather, it will be established as long as the heavens and earth

remain. It is conceivable that what is meant by the prayer here is the supplication, while ‘established’ (qaa’ima) means

persistent (daa’ima), for the one who establishes a thing means that he is persistent in it. It is based upon this meaning

that his words: ‘and the established prayer’ is actually a clarification of his expression: ‘the perfect call’. It is also

conceivable that what is meant by prayer is the specific requirement which is being called to at the time, which is the

more apparent meaning. The meaning of his words, upon him be blessings and peace: “…give Muhammad the agency”;

is that which causes something to draw near to something immense. It is said that taking something as an agency is

using it to draw near to something immeasurable. It is an unrestricted reference to the most exalted station that a created

being can attain. This meaning actually occurred in the prophetic tradition of Abdallah ibn Àmr with Muslim using his

expression: “…it is a station in Paradise which will only be sought after by a single servant from the servants of Allah.”

The meaning of his words, upon him be blessings and peace: “…wa’l-fadeelata (the bounty)”; is an additional spiritual

rank which is above the whole of creation. It is conceivable that it is another station or that it is actually a further

interpolation on the station of ‘agency’ (waseela). The meaning of this words, upon him be blessings and peace: “…and

the highest rank; resurrect him to the station of mahmuud”; is the station which the person who stands in it is praised. It

is an unrestricted phrase which gathers in it the praise which comprises every type of nobility, generosity and miracle.

Thus, it means raise him on the Day of Standing and establish him in the station of abundant praise. The meaning of this

words, upon him be blessings and peace: “…which you have promised him”; is made more clear by the additional

phrase in the narration of al-Bayhaqi: “…verily You do not go against Your promise. At-Taybi said: “What is meant by

these words is as Allah taàla said: ‘Perhaps your Lord will raise you to the station of abundant praise’. This is an

absolute promise because ‘perhaps’ from Allah is bound to occur as was corroborated by Ibn Ùyayna and others. The

majority of the scholars hold the view that what is meant by the station of mahmuud is the intercession (shafaaàt). It is

said it is his sitting upon the Throne of Allah. It is also said that it his sitting on the Footstool of Allah. Both of these

opinions were narrated by a large number of narrators. It is also conceivable that what is meant by the station of

mahmuud is the intercession as it is well known and that the sitting is a reference to the stations indicated by the

expressions ‘agency’ (waseela) or ‘bounty’ (fadeela). An interpolation which came in the prophetic tradition of Ibn

Hibban on the authority of Ka`b ibn Malik going back to the Prophet: “Allah will resurrect mankind and my Lord will

adorn me in a green cloak. I then will say what Allah wills for me to say.” That will be the station of mahmuud

referenced in the prophetic tradition. What is apparent is that what is meant by the above mentioned words is that it will

be praise which will be lauded upon him just before he gives the intercession to creation. The meaning of his words,

upon him be blessings and peace: “…then incumbent upon him”; is that it will be necessary, obligatory or it will

descend upon him. It said in a prophetic of at-Tahawi on the authority of Ibn Masùd: “…then obligatory upon him”. It

is not permitted to interpolate the phrase ‘incumbent’ to mean lawfulness because it would imply that the intercession

before that was prohibited. The meaning of his words, upon him be blessings and peace: “…is my intercession on the

Day of Standing”; for the one who recited it. This particular expression was problematic for some of the scholars,

especially with what has been established regarding the intercession being for the sinners among the believers. The

correct response is that he, may Allah bless him and grant him peace will have many other intercessions, such as his

intercession: of entering those into Paradise without any reckoning; as well as the raising up of the spiritual rank of

some, each commiserate with his rank. Ìyad narrated on the authority of some of his teachers: “This intercession is

specified for those who say it with sincerity making present in his soul the immensity of the station of the Prophet, may

Allah bless him and grant him peace, and not for the one who merely intends by saying it to obtain the reward

mentioned.” Al-Muhallab said: “In this prophetic tradition is incitement to make supplication during the times of prayer,

because it is the circumstances in which response to supplications are hoped for.” The two following additions to the

supplication it has become famous on the tongues of the people. The first being: “verily You do not go against Your

promise’ in the last part of the supplication. The second being: “…and the highest rank’, which is normally said after

the phrase: “wa’l-fadeela” (the bounty). As for the first additional expression it came in the narration of al-Bayhaqi as is

well known. As for the second additional expression it is not found in any narration, however, al-Qaari said in his al-

Maraqaat: “As for the additional phrase: “…and the highest rank’, it has become famous on the tongues of the people.”

Al-Bukhari said: “I have not seen this in any of the narrations of prophetic traditions.”

Islam as my religion, and with Muhammad, may Allah bless him and grant him peace, as my

messenger.); will be forgiven all of his sins.”171

On What Has Been Related Regarding Walking to the Mosque Calmly172

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra that the

Prophet, may Allah bless him and grant him peace, said: “When you hear the Iqaama walk to the

prayer. Walk calmly and with dignity and do not hurry; for that which you catch from the prayer,

pray it and what you miss, then complete it.”173

171 The meaning of his words upon him be blessings and peace: “Whoever says when he hears the muàdhin”; is that

when he hears his call to prayer, his voice or his words, which is the most apparent meaning. It is conceivable that what

is meant is that it should be said when he first hears it or at its ending. The meaning of his words upon him be blessings

and peace: “...I am pleased with Allah as my Lord”; is contentment with the lordship of Allah, and all of His judgments

and decrees. This is because contentment with the decree is an immense gate to Allah. It is said that it means to be

content that Allah is the one who sustains, controls, masters and corrects all affairs. The meaning of his words upon him

be blessings and peace: “...with Islam”; is all of the legal judgments of Islam, its commands and prohibitions. The

meaning of his words upon him be blessings and peace: “...as my religion”; as a belief and in submissive compliance.

The meaning of his words upon him be blessings and peace: “...and with Muhammad, may Allah bless him and grant

him peace, as my messenger”; is with all that he was sent with and has delivered to us from the matters of doctrines of

belief and other than that. The meaning of his words upon him be blessings and peace: “...will be forgiven all of his

sins”; is a reference to his minor sins (saghaa’ir) as a recompense for his words which he recites when he hears the

muàdhin.. 172 Here ends facsimile 18 of the Arabic manuscript. 173 The meaning of his words upon him be blessings and peace: “When you hear the Iqaama”; is more specific than

what was related in the prophetic tradition of Abu Qatada: “When you come to the prayer…”. However, the apparent

meaning is that both narrations are understood to be in agreement, because the one who hastens when the prayer is

being established hopes to catch the bounties of the first takbir and its like; along with the fact that overly rushing to the

prayer has been prohibited. However, others who come to the prayer before the iqaama are not required to hasten

because it is understood that they will catch the entire prayer. It is for this reason that the prohibition of rushing to the

prayer is the preponderant judgment. The meaning of his words upon him be blessings and peace: “…walk to the

prayer. Walk calmly”; is that the legal judgment in this command takes its advantage from the additional expressions

related by Muslim by way of al-Àlaa on the authority of his father on the authority of Abu Hurayra, who mentioned

something similar to the presently discussed prophetic tradition but added in the end: “…for one of you as long as his

objective is for the prayer, then he is actually in the prayer.” That is to say that he is within the legal judgment of one

who prays, thus it is incumbent upon him to rely upon the same thing the one praying relies upon and avoid what the

one praying avoids. The meaning of his words upon him be blessings and peace: “…and with dignity”; is in accordance

with what Ìyad and al-Qurtubi said: “It actually means tranquilly and is mentioned as a form of emphasis to the

expression ‘calmly’.” An-Nawwawi said: “The apparent meaning is that there is a clear distinction between the two

expressions; because ‘calmly’ refers to the actual movement of walking and to avoid animated movements while

walking; while ‘dignity” refers to the actual outward appearance while walking, like lowering the gaze, lowering the

voice and the absence of making a detour while walking. The meaning of his words upon him be blessings and peace:

“…and do not hurry”; is do not rush in a manner which negates one’s dignity. As for hastening which does not negate

one’s dignity, like one who fears missing the first takbir, then there is no censure to that. The meaning of his words

upon him be blessings and peace: “…for that which you catch from the prayer, pray it”; is that there is no distinction

between whether he catches a little or a lot of the prayer. This is the opinion of the majority of the scholars as it has

been related in the prophetic tradition: “…whoever catches a single rakaàt of the prayer has caught the prayer.” In this

context there is a prophetic tradition related by Ibn Abi Shayba by way of Abd’l-Àziz ibn Rafee` on the authority of a

man from the Ansaar which is more explicit where it says: “Whoever finds me making ruku`, standing, or prostrating,

then should immediately be in the same state that I am in.” The meaning of his words upon him be blessings and peace:

“…and what you miss, then complete it”; that is to say finish what you missed from the prayer.

On What Has Been Related Regarding Beginning With the Meal Before the Prayer When it is

Served If the Time of the Iqaama Has Occurred It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, may Allah be

pleased with her on the authority of the Prophet, may Allah bless him and grant him peace, who

said: “If dinner is placed down while the prayer has been established, then begin with dinner.”174

In it also175 on the authority of Umar ibn al-Khataab, who said that the Prophet, may Allah

bless him and grant him peace, said: “If one of you is sitting at his meal, do not rush until you have

finished your requirements from it, even if the prayer has been established.”176

174 The meaning of his words upon him be blessings and peace: “If dinner is placed down”; is that it refers to the meal

which is eaten in the evening (àshaa). The meaning of his words upon him be blessings and peace: “…while the prayer

has been established, then begin with dinner”; since it is feared that the meal will become spoiled. It is for this reason

that some of the people of knowledge from among the Companions of the Prophet, may Allah bless him and grant him

peace and others like them from the Second Generation did not desire a person to stand for the prayer while his heart

was preoccupied with anything. It has been related on the authority of Ibn Abass that he said: “Do not stand for the

prayer and you have any preoccupation in your soul.” The majority of the scholars hold the opinion that this matter falls

under what is highly recommended; after which they disagree. Subsequently, some of the scholars restrict this ruling to

those who are required to eat, and this was the well known view of those who follow as-Shafi`. Al-Ghazali added to

that: “This is as long as they fear that the meal will become spoiled.” Some of the scholars held that there are no

limitations to this ruling, which was the view of at-Thawri, Ahmad and Is’haq. Ibn Hazm held an extravagant view by

his words: “To pray while the meal has been served invalidates the prayer.” Some of he scholars chose that one should

begin with the prayer, only if the meal is a light one. This view was narrated by Ibn al-Mundhir on the authority of

Malik. Some of the companions of Malik specified this opinion further by saying: “One should begin with the prayer as

long as the soul is not attached to the meal; or even when his soul is attached to the meal, but it doesn’t cause him to

rush his prayers. If the meal may cause him to rush his prayers, then he should begin with the meal.” 175 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding Beginning With the Meal

Before the Prayer When it is Served If the Time of the Iqaama Has Occurred. 176 The meaning of his words upon him be blessing and peace: “If one of you is sitting at his meal, do not rush”; is that

when one of you place your dinner down, then begin by eating dinner, and do not hurry until all of those eating with you

have finished their meal. The meaning of his words upon him be blessing and peace: “…until you have finished your

requirements from it, even if the prayer has been established”; this is so that no one’s heart is preoccupied with other

than Allah during his prayer; as it has been expressed explicitly in a narration from Ibn Abi Shayba: “…so that nothing

intervenes during our prayers.” In the meal before the ìshaa prayer there are many advantages in the spiritual path to

Allah taàla. It has been narrated on the authority of al-Hassan ibn Ali ibn Abi Talib, may Allah taàla be pleased with

both of them that he said: “The dinner eaten before the prayer wipes away the overly critical soul (an-nafs ‘l-

lawaama).” In all of this is an indication that the causative factor in this is to get the soul to anticipate the meal. Thus, it

is necessary that the legal judgment subsists as long as the causative factor exist or is absent, and it is neither limited to

the whole or part of the judgment. The exception to that is the person who is fasting, for he should not neglect his prayer

even when food is present, since in the case of the lawful abstaining from food it does not preoccupy the soul from the

prayer. However, if his soul is overcome with the desire to eat, then he should transfer from that place to another, where

he can pray without hindrances. .

On What Has Been Related Regarding Greeting the Mosque

It has been related in the Saheeh of al-Bukhari on the authority of Abu Qatada as-Salami177

that the Messenger of Allah, may Allah bless him and grant him peace, said: “When one of you

enters the mosque, he should make two rakàts before he sits down.”178

177 The causative factor of this prophetic tradition of Abu Qatada was that: “Abu Qatada once entered the masjid, and

found the Prophet, may Allah bless him and grant him peace among his Companions, so he came and sat with them. He

upon him be peace said: ‘What prevents you from making some rakàts?’ he said: ‘I saw you sitting and the people

sitting with you.’ He then said: ‘When one of you enters the masjid, he should not sit until he has performed two

rakàts’.” This prophetic tradition was related by Muslim. In a narration of Ibn Abi Shayba from another direction on

the authority of Abu Qatada, he upon him be peace said: “Give the masaajid its rights.” It was said: “What are its

rights?” He said: “Performing two rakàts before sitting.” 178 The meaning of his words, upon him be blessings and peace: “When one of you enters the mosque, he should

make”; that is to say he should pray, taking from the principle of using a generalized statement regarding the part, but

implying with that the whole (min itlaaq ‘l-juz’ wa iradat’l-kulli). The meaning of his words, upon him be blessings and

peace:“…two rakàts”; the unanimous opinion is that this number is not to be understood to indicate the most that can

be performed, although there is disagreement regarding the least that can be performed. The soundest opinion is what

the prophetic tradition actually expressed, because this Sunna cannot be accomplished with anything less than two

rakàts. The meaning of his words, upon him be blessings and peace: “before he sits down”; is that the majority of the

scholars hold the view that the two rakàts on entering the masjid is a highly recommended act of worship and is not

obligatory. The people who follow the ad-Dhaahiri school hold the opinion that it is obligatory, however, the majority

hold the view that the interpolation of the imperative command in this prophetic tradition must be qualified by the fact

that there are no obligatory prescribed prayers except the five prayers. That is if the imperative command in the

prophetic tradition is to be interpolated as an obligation, then that would necessitate there being prescribed obligatory

prayers more than the five. The scholars differ in the issue regarding the one who comes to the masjid and he has

already prayed the two rakàts of fajr in his home: does he perform two rakàts on entering the masjid; or not? As-

Shafi` said: “He should make two rakàts.” This is also the narration of Ash’hab on the authority of Malik. Abu Hanifa

said: “He should not perform any rakàts.” This is also the narration of Ibn’l-Qaasim on the authority of Malik. The

legal reason for the disparity is the general disagreement regarding his words, upon him be blessings and peace: “When

one of you comes to the masjid, he should make two rakàts”; as well as his words, upon him be blessings and peace:

“No prayer should be performed after the fajr except the two rakàts of subh.” The scholars also disagree regarding one

who comes to the juma` prayer, and the Imam is already upon the minbar: does he perform two rakàts or not? Some of

the scholars hold the view that he should not perform any rakàts, which is the opinion of the school of thought of

Malik. Some of the scholars hold the view that he should perform the two rakàts. Qadi Ìyad said: “Malik, Layth, Abu

Hanifa, and a majority of the early community from the Companions and the Second Generation said that the two

rakàts should not be performed in that circumstance.” This was related on the authority of Umar, Uthman and Ali may

Allah be pleased with them and they took as evidence the command to be silent when the Imam sits upon the minbar.

Some of the Maliki scholars say that saying: “Subhaana Allah wa’l-Hamdulillahi wa laa ilaha illa Allah wa Allahu

akbar wa laa hawla wa laa quwwata illa billahi’l-Àliyu ‘l-Àdheem (Glory be to Allah, all praises are due to Allah,

there is no deity except Allah, Allah is the greatest, and there is no power or might besides Allah the Exalted the

Mighty) takes the place of the two rakàts on entering the masjid when he enters it during the juma` prayer and the

Imam is upon the minbar or for some other reason.”

On What Has Been Related Regarding Straightening the Lines of Prayer

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik on the

authority of the Prophet, who said: “Straighten up your lines, for indeed straightening the lines is a

part of establishing the prayer.”179

In it also180 on the authority of an-Nu`man ibn Bashir181 that the Prophet, may Allah bless

him and grant him peace, said: “You should straighten your lines or Allah will cause conflict

between your objectives.”182

179 The meaning of his words upon him be blessing and peace: “Straighten up your lines”; is that you should straighten

them out into a single row. The meaning of his words upon him be blessing and peace: “…for indeed straightening the

lines”; refers to adjusting the lines when one desires to enter into the prayer and establish it into single rows. The

meaning of his words upon him be blessing and peace: “…is a part of establishing the prayer”; is that it is a part of the

completion and perfection of the prayer. Or it is apart of the aggregate principle of establishing it, which include

adjusting its pillars, and preserving it from what aberrations can occur in its obligations and sunnan. Thus, straightening

lines constitute a conformed Sunna which must be preserved. Some of the jurists hold the view that it is obligatory to

straighten the lines of prayers because establishing the prayer is apart of the obligations of prayer. Subsequently,

everything which is apart of the obligations of a thing is also obligatory. Some of the scholars, on the other hand, hold

the view that straightening the lines is a Sunna because the improvement of a thing is an addition to its perfection and

completion. The mujaddid Ibn Daqeeq ‘l-`Eid said: “What can be extracted from the expression: ‘…the perfection of

the prayer’, is it being highly recommended because the perfection of a thing customarily is an additional matter to its

reality which cannot be realized except by it, even when it is expressed unrestrictedly with regard to its implementation

with other parts, that its reality cannot be completed except by means of it.” The legal evidence for this view is in what

was related mursal on the authority of Zayd ibn Aslam: “Three things are from the perfection of the prayer: the

completion of the ablution; the straightening out the lines, and following the Imam.” It has been related on the authority

of Prophet, may Allah bless him and grant him peace that he said: “Apart of the perfection of the prayer is establishing

the lines.” In a narration from al-Bukhari: “Indeed the establishment of the lines is from the excellence of the prayer.” In

another narration from him: “Verily the straightening of the lines is apart of the completion of the prayer.” It has been

narrated on the authority of Umar: “That he used make a man responsible for establishing the lines in prayer. He would

not make the takbir until he was informed that the lines were straightened.” It has been related on the authority of Ali

and Uthman: “That they used to also officially appoint someone for that and would say: ‘Straighten up!’” Ali used to

say: “O so-and-so come forward! O so-and-so move back!” 180 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding Straightening the Lines of

Prayer. 181 He was Abu Abdallah an-Nu`man ibn Bashir ibn Sa`d ibn Tha`alaba al-Ansaari al-Khazraji. He was a learned

scholar and was apoointed as amir of Hims. He was killed when the people of Hims were invited to give the oah of

allegiance to Abdallah ibn az-Zubayr in the year 64 A.H. His collection of prophetic tradition amounted to 114. 182 The meaning of his words, upon him blessings and peace: “You should straighten your lines”; is as al-Baydawi said:

“This letter laam is normally utilized with an oath. The oath here is implied rather than expressed, which is why the

expression is emphasized with the letter nuun inflected with shadda. For this reason some of the scholars hold the

opinion that straightening up the lines is a confirmed Sunna.” The meaning of his words, upon him blessings and peace:

“…or Allah will cause conflict between your objectives”; that is if you do not straighten yourselves in the lines. An-

Nawwawi said: “It is said that its meaning their objectives or faces will be transformed and altered for their true form

based upon his words, may Allah bless him and grant him peace: ‘Allah will make our forms into the forms of

donkeys’.” It is said that it means that their attributes will be changed. The most apparent meaning, and Allah knows

best, is that He will cause enmity, rancor and the disparity of hearts to befall them; just as one says: ‘So-and-so’s face

changed regarding me’; that is to say it became apparent to me by his face that showed dislike of me and his heart has

been altered regarding me. This meaning is based upon the fact that the disparity in their lines indicates disparity in their

outward. The disparity in their outward indicates discord in their inward.

On What Has Been Related Regarding the Imamat and That the People of Knowledge and

Excellence are Deserving183 of It It has been related in the Saheeh of al-Bukhari on the authority of Abu Musa,184 who said

that when the sickness of the Prophet, may Allah bless him and grant him peace, became intense he

said: “Order Abu Bakr to go and pray with the people.”185

In it also186 on the authority of Malik ibn ‘l-Huwayrith187 that the Prophet, may Allah bless

him and grant him peace, said to them when they had come to him and stayed some twenty nights:

“When you return to your country and people. You should teach them, command them to pray this

prayer in this particular time and that prayer in that particular time. And when the time for the

prayer has come, one of you should call the adhaan and you should then make the eldest of you the

Imam.”188

183 Here ends facsimile 19 of the Arabic manuscript. 184 He was Abu Musa Abdallah ibn Qays ibn Salim ibn Hidaar ibn Harb al-Ash’ari at-Tamimi, the notable Imam. He

was a jurist and Qur’an reciter. Abu Musa al-Ash’ari used to constantly fast, was intensely spiritual, ascetic, worshipful,

and among those who gathered knowledge and actions along with military struggle. He was a person of a peaceful

countenance, who was not changed by the positions of authority or by worldly affairs. He was the amir of Basra in the

year 17 A.H., and was the amir of the army during the conquering of ar-Rahaa, Sameesaat and Isbahaan. He was later

appointed as the amir of Kufa in which he died in the year 42 A.H. 185 The meaning of his words: “…when the sickness of the Prophet, may Allah bless him and grant him peace, became

intense”; which is the sickness from which he died; the time of the prayer arrived and the call to prayer was made. He

upon him be blessings and peace said: “Order Abu Bakr to go and pray with the people.” Some of the scholars said:

“The verbal expression of appointing Abu Bakr over the leadership of prayer during his sickness, may Allah bless him

and grant him peace, was clear indication that he was deserving of the khilaafat.” This opinion was borne by way of

legal extraction and not textual evidence. The evidence taken from his words, upon him be blessings and peace:

“Order…” is that the command of a command of a thing is an obligation to perform it. This is a well known issue in the

science of the foundation of jurisprudence. Those who object to this interpolation say that it really means: ‘Tell Abu

Bakr that I have commanded him…”. It has been related by Abu Dawud on the authority of Abdallah ibn Zamàt who

said: “When the sickness became severe with the Messenger of Allah, may Allah bless him and grant him peace, I was

with him among a group of the Muslims. When Bilal made the call to prayer, he said: ‘Order someone to pray with the

people’. Then Abdallah ibn Zamàt went out and saw Umar among the people, and Abu Bakr was absent, then said: ‘O

Umar, stand and pray with the people.’ He then went forward and made the takbir. When the Messenger of Allah, may

Allah bless him and grant him peace heard his voice, for Umar had a sonorous voice; he said: ‘Where is Abu Bakr?

Allah and the Muslims will not accept this! Allah and the Muslims will not accept this!’ Then Abu Bakr was sent for,

and he came after Umar had prayed that prayer and he then prayed it again with the people.” This prophetic tradition is

evidence for the people of the Sunna that the Messenger of Allah, may Allah bless him and grant him peace by his

words gave indication after his time of the khilafate of Abu Bakr, may Allah taàla be pleased with him. 186 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Imamat and That the People

of Knowledge and Excellence are Deserving of It. 187 That is with the dimibutive form of the name al-Haarith. He was from the Banu al-Layth, and was a Companion who

settled in the city of Basra. He was apart of the delegation who came to the Prophet, may Allah bless him and grant him

peace and stayed with him for twenty days and lived in Basra. By reason of the little time he spent in actual

companionship with the Prophet, may Allah bless him and grant him peace the scholars of the science of the men of

transmission mentioned little about his biography. 188 He said this out compassion and consideration for them, as it said in another narration: “…and the Prophet, may

Allah bless him and grant him peace was compassionate towards us.” In a narration related by Ibn Àliyya and Abd’l-

Wahaab they said: “He assumed that we were missing our families and what we had left behind, so we informed him;

and he said: ‘Return to your families, reside among them and teach them’.” What was meant by his words: “…and

stayed some twenty nights”, is that they remained as guests of the Prophet, may Allah bless him and grant him peace for

twenty days as it was expressed explicitly in a narration related on a single narrator by way Abd’l-Wahaab on the

authority of Ayyub: “…for we remained with him for twenty days.”. The reason for their remaining twenty days with

him, upon him be blessings and peace, was in order to gain knowledge of the obligations and prohibitions. This is an

indication of the least amount of days necessary to learn the individual obligations. The meaning of his words upon him

On What Has Been Related Regarding the Imam Lightening the Prayer When He Prays With

the People It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, may Allah

be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace, said:

“Whenever one of you prays with the people, he should lighten the prayer, because perhaps among

them there are the weak, the infirm, those who have needs and the elderly. But when one of you

prays by himself, he can lengthen it as long as he likes.”189

In it also190 on the authority of Anas ibn Malik, who said: “The Prophet, may Allah bless

him and grant him peace, used to make the prayer brief but perfectly?”191

be blessings and peace: “When you return to your country and people. You should teach them”; that is to say: return to

your families, reside among them and teach them. In another narration: “When you return to your families, then teach

them…”. Ibn at-Teen took this as evidence that the emigration before the conquering of Mecca was only an individual

obligation for some people. The meaning of his words, upon him be blessings and peace“…and command them to pray

this particular prayer at this particular time. When the time of the prayer is present, one of you should make the call to

prayer and make as Imam the most notable of you.” The apparent meaning of this prophetic tradition is to give

preference to those who are the most eldest, by many years or a few. There are those who permit that what is intended

by the expression ‘advanced’ (kibr) to mean something more general than years or ability, like giving preference to

those more advanced in the sciences of jurisprudence, Qur’anic recitation and religion as it was related in the narration:

“…the people should chooses as their Imams those most knowledge of Qur’anic recitation.” This is evidence that what

was meant was the being advanced in knowledge. This however, is a contradiction of the narration: “…and you should

choose as your Imams the eldest of you.” This is because the first narration gives the judgment of showing preference to

those who are more knowledgeable in Qur’anic recitation, while the second narration gives evidence of the opposite. It

is conceivable that what is meant by the expression ‘the most advanced’ among them (akbar minhum) at that time was

those most knowledgeable of jurisprudence. However, gathering the meaning of the two narratives is what is foremost,

and Allah knows best. In this prophetic tradition is established the merits of emigration, traveling to seek knowledge,

the merits of teaching, as well as the compassion which the Messenger of Allah, may Allah bless him and grant him

showed to others, and the importance he gave to the circumstances of prayer and others matters of the religion. 189 The meaning of his words, upon him be blessings and peace: “Whenever one of you prays with the people”; that is

to say as their Imam. The meaning of his words, upon him be blessings and peace: “…he should lighten the prayer”; is

as Ibn Daqeeq’l-Èid said: ‘Lengthening and lightening the prayer is from those matters which are secondary, because a

thing is only light with respect to the custom of one people and elongated with respect to another.’ Some of the jurist

held the view: “The Imam should not exceed in the bowing and prostration more than three glorifications. This does not

contradict what has been related on the authority of the Prophet, may Allah bless him and grant him peace that he would

exceed that, because the desire of the Companions for spiritual excellence required that they did not make it over

elongated.” The preponderant view regarding the boundaries of lightening the prayer is taken from the prophetic

tradition related by Abu Dawud and an-Nisaai’ on the authority of Uthman ibn Abu’l-Àas that the Prophet, may Allah

bless him and grant him peace said to him: “You are the Imam of your people, so conduct yourself with the people

based upon the weakest of them.” The chain of authority of this prophetic tradition is good and its source is from

Muslim. The meaning of his words, upon him be blessings and peace: “…because perhaps among them there are the

weak, the infirm”; is that what is meant by ‘weak’ here is weak in their physiognomy; and what is meant by ‘infirm’ is

those who are ill. The meaning of his words, upon him be blessings and peace: “…and the elderly”; are those elderly in

years. In the narration of Muslim it said: “…the young and the elderly.” It is added in a narration of At-Tabarani from

Uthman ibn Abu’l-Àas: “…the pregnant and those nursing.” Also in a narration by at-Tabarani from a prophetic

tradition of Àdiyy ibn Haatim is adds: “…and the wayfarer.” His words: “…those who have needs” in the tradition of

Abu Hurayra, comprises all the attributes described in the prophetic tradition. The meaning of his words, upon him be

blessings and peace: “…But when one of you prays by himself, he can lengthen it as long as he likes”; means the same

as it was related by Muslim: “…he can pray however he likes”; whether lightly or lengthened. 190 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Imam Lightening the Prayer

When He Prays With the People. 191 What is meant by brevity (ijaaz) accompanied with perfection is performing the prayer with the least actions

possible from its pillars.

On What Has Been Related Regarding the Prohibition of the One Following (ma’muum)

Preceding the Imam in Any of the Acts or Words of the Prayer It has been related in the Saheeh of al-Bukhari on the authority of Aìsha that the Prophet,

may Allah bless him and grant him peace, said: “Verily the Imam has been appointed in order to be

gone along with; thus, when he makes rukù, you should then make rukù with him. When he rises

up from it, you should then rise up from it. When he says: ‘Allah hears the one who praises Him’,

you should then say: ‘Our Lord and to You is the praise’.”192

192 The meaning of his words, upon him be blessings and peace: “Verily the Imam has been appointed in order to be

gone along with”; that is to say, so that he can be followed in what has been made lawful in the prayer. Al-Baydawi and

others said: “’Going along with’ in this context means imitation and following, which is to say that the Imam has been

appointed in order to be imitated and followed. Apart of the issue of following is that the one being followed should not

be preceded in an action, nor should actions be performed the same time and his, and no one should stand ahead of him

in his position. Rather, all of his circumstances should be carefully observed and one should follow in his footsteps, in

conformity with all his actions. The judgment of that is that he is not to be divergence with anything from his

conditions.” There is disagreement regarding the meaning of ‘going along with’. It is the well known view with the

followers of Malik, that this is pre-conditioned with the initial takbir and the standing from the first tashahhud. The

meaning of his words, upon him be blessings and peace: “…thus, when he makes rukù, you should then make rukù

with him”; is what Ibn al-Muneer said: “Its judgment is that the bowing of the one following should be after the bowing

of the Imam; either after the completion of his lowering, or that the Imam proceeds him in lowering his body first. Thus,

he should only commence with the bowing after the Imam has commenced with his bowing.” The meaning of his

words, upon him be blessings and peace: “When he says: ‘Samià Allahu liman hamidahu’, (Allah hears the one who

praises Him), you should then say: ‘Rabbanaa wa laka ‘l-hamdu’, (Our Lord and to You is the praise)”; it is like this in

all the narrations in the prophetic tradition of Aìsha where the particle of conjunction waw (and) is retained. This is

similar to what is in the prophetic tradition of Abu Hurayra and Anas, except in the narration of al-Layth on the

authority of az-Zuhri. In the narration of al-Kashmeehini is transmitted with the omission of the particle of conjunction

waw (and). That is to say he said: ‘Rabbanaa laka ‘l-hamdu’ (O our Lord to You is the praise). However, the

preponderant opinion is with the retaining of the particle of conjunction waw (and), where he said: ‘Rabbanaa wa laka

‘l-hamd’ (O our Lord and to You is the praise) where it gives and additional meaning of being a conjunct of word which

is omitted where the meaning implies: ‘Rabbanaa astajib’ (O our Lord answer); or ‘Rabbanaa ata`naaka wa laka ‘l-

hamdu’ (O our Lord we obey You and to You is the praise). Thus, the expression comprises making supplication and

glorification together. Some people consider it more preponderant to omit the particle of conjunction waw (and) because

the original meaning is without the implications, and thus the existence of the conjunction to the speech is incomplete.

However, the first interpolation is the soundest and most preponderant opinion as Ibn Daqeeq ‘l-Èid noted. An-

Nawwawi said: “It is firmly established in the narrations with the retaining of the particle of conjunction waw (and) as

well as its omission. Thus, the two points of view are both permissible without giving one legal preference over the

other.” In another narration is states: “Allahumma Rabbanaa wa laka ‘l-hamdu” (O Allah, our Lord and to You is the

praise). Further, it was narrated by Ìyad on the authority of Qadi Abd’l-Wahaab: “Indeed this gives evidence that the

Imam should restrict his words to: ‘Samià Allah liman hamidahu’ (Allah hears the one who praises Him) and that the

one following the Imam should restrict his words to: ‘Rabbanaa wa laka ‘l-hamdu’ (Our Lord and to You is the praise),

There is nothing in the context of the narration which gives the judgment of prohibition from that, because the silence

regarding a thing does not mean that the thing should be neglected. Indeed, its judgment means that the one following

the Imam should say: ‘Rabbanaa laka ‘l-hamdu’ (Our Lord to You is the praise) after the words of the Imam: ‘‘Samià

Allah liman hamidahu’ (Allah hears the one who praises Him). As for the prohibition of the Imam saying: ‘Rabbanaa

wa laka ‘l-hamdu’ (Our Lord and to You is the praise), there is nothing prohibiting that because it has been firmly

established that the Prophet, may Allah bless him and grant him peace used to join the two phrases together’.”

In it also193 on the authority of Abu Hurayra on the authority of the Prophet,194 may Allah

bless him and grant him peace, who said: “Does anyone of you fear, or does anyone of you not fear

that if he raises his head before the Imam, that Allah will transform his head into the head of a

donkey, or make his entire form like that of a donkey?”195

In it also196 on the authority of al-Bara’,197 who said: “Whenever the Messenger of Allah,

may Allah bless him and grant him peace, said: ‘Samià Allahu liman hamidahu’ (Allah hears the

one who praises Him); no one from among us would bend his back after him until the Prophet, may

Allah bless him and grant him peace had moved into prostration. Then we would move into

prostration.”198

193 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Prohibition of the One

Following (ma’muum) to Precede the Imam In Any of the Acts or Words of the Prayer. 194 Here ends facsimile 20 of the Arabic manuscript. 195 The meaning of his words, upon him be blessings and peace: “Does anyone of you fear, or does anyone of you not

fear”; in the narration of al-Kashmahini: “Or does he not fear…”; and in a narration of Ibn Dawud on the authority of

Hafs ibn Àmr on the authority of Sha`ba: “Will he not fear or does he not fear…”; where all the narrations are

indications of doubt on behalf of the narrator. The meaning of his words, upon him be blessings and peace: “…that if he

raises his head before the Imam”; is clear evidence that what is meant is the rising from prostration. However, this

opinion is a follow up with what was said that the prophetic tradition is textual evidence for the prohibition of those

following the Imam preceding his actions in rising from bowing as well as from prostration. Although, it mentions the

prostration textually, yet it also includes in its meaning the judgment of the bowing. Censure of lowering oneself and

rising before the Imam was also transmitted in another prophetic tradition narrated by al-Bizaar from a narration of

Maleeh ibn Abdallah as-Sa`di on the authority of Abu Hurayra going back to the Prophet, may Allah bless him and

grant him peace: “The one who lowers himself and rises before the Imam, verily his forelock is in the hand of Satan.”

The meaning of his words, may Allah bless him and grant him peace: “…that Allah will transform his head into the

head of a donkey, or make his entire form like that of a donkey?”; is that the apparent meaning of the prophetic tradition

gives the judgment that the prohibition of rising before the Imam, is threatened with physical disfigurement which is the

severest form of punishment. There is however, disagreement regarding the meaning of the aforementioned threat. It is

said that it is more conceivable that its meaning refers back to a more abstract affair, because a donkey is described with

the attribute of stupidity. The meaning here of stupidity carries over to the one ignorant of what is obligatory upon him

from the obligations of prayer and following the Imam. Thus, the preponderant opinion is that this disfigurement and

transformation cannot be literal due to great number of people doing it yet not being disfigured physically. 196 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Prohibition of the One

Following (ma’muum) to Precede the Imam In Any of the Acts or Words of the Prayer. 197 He was Abu Àmara al-Bara’ ibn Àzib ibn al-Harith al-Ansari al-Khazraji al-Medini. He was from among the

notables of the Companions. He engaged in fifteen military campaigns alongside the Messenger of Allah, may Allah

bless him and grant him peace. His collection of prophetic traditions reached 305, of which 23 of his prophetic

traditions were transmitted in the two Saheeh collections. Al-Bukhari transmitted 15 isolated traditions from him while

Muslim transmitted 6. He died in the year 72 A.H. 198 The meaning of his words: “Whenever the Messenger of Allah, may Allah bless him and grant him peace, said:

‘Samià Allahu liman hamidahu’ (Allah hears the one who praises Him)”; is as it was explicitly stated in a narration of

Sha`ba: “…when he would lift his head from bowing…”; as well as what has been narrated by Muslim on the authority

of Muharib ibn Dithaar: “…when he would raise his head from bowing, and say: ‘Allah hears the one who praises

Him’, we would still be standing.” The meaning of his words: “…no one from among us would bend his back”; is that

we would not lean over, because it is said that you bend a rod when you cause it to lean in one direction. In the narration

of Muslim: “…we would not bow…”, which is linguistically more sound. The meaning of his words: “…no one from

among us would bend his back after him until the Prophet, may Allah bless him and grant him peace had moved into

prostration. Then we would move into prostration”; is legal evidence of the obligation of maintaining tranquilty and

repose during the prayer. However, in this there are different legal perspectives. In this also is the permissibility of

looking at the Imam in order to follow him in his transitions in the prayer.

On What Has Been Related Regarding the Description of the Prayer

It has been related in the Saheeh of al-Bukhari on the authority of Malik ibn al-Huwayrith

that the Prophet, may Allah bless him and grant him peace, said: “Pray the way you see me pray.”199

199 The meaning of his words, upon him be blessings and peace: “Pray the way you see me pray” is that you should

perform in your prayer the way you’ve seen me perform in my prayer. Or it means do in your prayers in accordance

with what has been established that it is from my actions in my prayer. Subsequently, the actions of the Prophet, in

prayer are predicated on clarification, and clarification of an obligation is also obligatory. In his words, upon him be

blessings and peace are an address to the entire Umma that they should pray the way he used to pray, with the condition

that it has been established that he, may Allah bless him and grant him peace was persistent in doing that thing, proving

by that it should be done always to the point where it enters under the judgment of something commanded and is

obligatory. The mujaddid Ibn Daqeeq al-`Eid said regarding the meaning of his words upon him be blessings and peace:

“Pray the way you see me pray”, this is evidence for many of the jurist in many situations for the obligation of acting

strictly in accordance with the literal statements. This is because when you take words in an isolated manner from

mentioning the cause of the statement as well as its actual context, it is a clear notification that those being addressed

are the entire Umma so that they will pray as he prayed, upon him be blessings and peace. This opinion corroborates the

evidence of that every action which has been established that he did in the pray should also be done. However, the

actual addressee in this prophetic tradition occurred with regard to Malik ibn al-Huwayrith and his companions, in that

they were to perform in the prayer based upon the perspective that they had seen him, may Allah bless him and grant

him peace pray. Indeed, the entire Umma are partners with them in the judgment, with the condition that his

permanence, may Allah bless him and grant him peace in doing that thing has been established. This is legal evidence of

that action being done continually, until the judgment of this action enters among a command and becomes obligatory.

Thus, some of this actually becomes decisive proof simply by his continuity in doing it. As for that which evidence does

not prove of its existence in these prayers, which are connected to a command of it occurring in the description of the

prayer, we do not give the judgment that it is an obligation, and Allah knows best.” This prophetic tradition is

corroboration and support for the forthcoming prophetic tradition related on the authority of Abu Hameed Abd’r-

Rahman ibn Sa`d al-Ansari al-Medini regarding the description of the prayer of the Messenger of Allah, may Allah

bless him and grant him peace. This is because Abu Hameed was the most knowledgeable and the one who memorized

the most among the people of the prayer of the Messenger of Allah, may Allah bless him and grant him peace, since he

narrated the description of the prayer just as he saw it from the Prophet, may Allah bless him and grant him peace.

In it also200 the authority of Abu Humayd as-Saìdi,201 who said: “I have preserved the

prayer of the Messenger of Allah, may Allah bless him and grant him peace, more than any of you.

For I saw him when he said the takbir, he placed his hands parallel with his shoulders. When he

made the rukù, he placed his hands firmly upon his knees and then kept his back straight and level.

When he raised his head he would stand straight until his spine and all his joints returned to their

proper place. When he made prostration, he would not place his hands with the fingers spread out or

with them clinched. When he sat for the first rakàt, he would make the toes of his left face towards

the qibla and straighten up his right foot. When he sat for the second rakàt, he would place his left

foot forward and straighten up the other foot, and he would sit upon his hips.”202

200 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Prayer.

At-Tirmidhi, Ahmad, Ibn Khuzayma, and Abu Dawud also related prophetic traditions regarding the description of the

prayer of the Prophet, may Allah bless him and grant him peace. These prophetic traditions are the strongest evidence

for Malik and his companions from the People of Medina regarding letting the hands hang by the sides during the

prayer. Further, in the narration of Abu Dawud is additional explicit evidence for letting the hands hang by the sides, as

will be presented Allah willing. 201 He was Abu Humayd Abd’r-Rahman ibn Sa`d as-Sa`di al-Ansari al-Medini. He was from among the jurists of the

Companions of the Prophet, may Allah bless him and grant him peace, and he was without question the most

knowledgeable of the people regarding the description of the prayer. He narrated from the Prophet, may Allah bless him

and grant him peace innumerous prophetic traditions and in his collection were narrated 26 sound prophetic traditions.

Those who narrated from him were his grandson, Saìd ibn al-Mundur ibn Abi Humayd, the Companion Jabir ibn

Abdallah, Abass ibn Sahl ibn Sa`d, Abd’l-Malik ibn Saìd ibn Suwayd, Àmr ibn Salim, Ùrwa, Muhammad ibn Àmr

ibn Àtaa’ and others. Al-Waqidi said that he died during the final days of the rule of Muàwiyya, or during the first

period of the rule of Yazid ibn Muàwiyya in the year 51 or 52 A.H. 202 The target of the words of Abu Humayd when he said: “I have preserved the prayer of the Messenger of Allah, may

Allah bless him and grant him peace, more than any of you”, were ten of the Companions of the Messenger of Allah,

may Allah bless him and grant him peace as it was stated explicitly in the narration of Abu Dawud. Among them was

Abu Qatada, as at-Tirmidhi and Abud Dawud stated. Among them was Abu Hurayra as Abu Dawud stated. Among

them were Abu Asyad as-Saìdi and Muhammad ibn Maslama as Ahmad stated. Among them also was Abu’l-Abass

Sahl ibn Sa`d. However, I have not come across the names of the remaining ten who were present when Abu Humayd

narrated this tradition. Thus, this prophetic tradition is one which ten of the Companions agree regarding its soundness,

making it stronger than an isolated prophetic tradition narrated from a single Companion. Further, the abve mentioned

Sahl ibn Sa`d was the one from whom Malik ibn Anas related in his al-Muwatta the prophetic tradition of grasping the

hands together during the prayer on the authority of Abu Haazim ibn Dinar, on the authority of Sahl ibn Sa`d, who said:

“The people were commanded to place the palms of the right hand upon the wrist of the left during the prayer.” This is

lucid evidence regarding the abrogation of grasping the hands, because had it not been abrogated then he would not

have corroborated Abu Humayd as-Saìdi in his description of the prayer of the Messenger of Allah, may Allah bless

him and grant him peace; nor would have Abu Hurayra, who was the foremost compiler of the prophetic traditions of

the Prophet, may Allah bless him and grant him peace verified him; as he upon him be blessings and peace once said

about him: “O Abu Hurayra, I assumed no one was more worthy of asking me about that tradition than you since I

realize your longing for learning the traditions.” Further, Umar and others among the notables of the Companions

testified to the fact that Abu Hurayra, was the most learned of them regarding the prophetic traditions of the Prophet,

may Allah bless him and grant him peace. In the narration of Abu Dawud, Abu Humayd said: “I am the most

knowledgeable of you of the prayer of the Messenger of Allah, may Allah bless him and grant him peace’. To which

they replied: ‘How is that? Because you did not follow him as much as we did, nor did you precede us in

Companionship to him.’ He said: ‘Indeed.’ They then said: ‘Then give us a demonstration’.” He then said: “For I saw

him when he said the takbir”; this refers to the takbir which initiates the prayer, and his saying: ‘Allahu Akbar’ at the

beginning. Among the followers of Malik, this is among the verbal expressions of the prayers, which means it is among

those matters which the tongue must express during the prayer as an obligation. The initial takbir suffices for raising the

hands, but the raising of the hands do not suffice for articulating the initial takbir. The meaning of his words: “…he

placed his hands parallel with his shoulders”; means raising the hands during the initial takbir until they are opposite the

shoulders, or opposite the ears, are considered among the merits of the prayer with the followers of Malik. The shoulder

is considered the meeting of the upper arm and the shoulder blade. It has been related by Malik on the authority of

Naafi` on the authority of Ibn Umar that he would raise his hands equal to the shoulders during the opening of the

prayer, but below that in the remainder of the prayer. This was related by Abu Dawud; which also states in his narration

that: “When the Messenger of Allah, may Allah bless him and grant him peace used to stand for the prayer he would

raise his hands until they were equal with his shoulders, and then make the takbir until all the limbs fell equally to their

proper position. He would then recite, and then make the takbir raising his hands equal to his shoulders. He would then

bow down placing his palms firmly upon his knees.” In the narration of Hushaym on the authority of Abd’l-Hameed:

“…until each limb was resting equally in its natural place.” This is similar to what is in the narration of Abu Dawud:

“…until each limb fell in its place”; as it was stated in the al-Fat’h’l-Baari from the narration of Hushaym on Abd’l-

Hameed. We learn from this, as Shaykh Muhammad as-Shingiti said: “The meaning of ‘resting’ (yaqirru) and ‘falling’

(yaqaù) in both narrations establishes that the limbs would remain in their place. There can be no doubt that the proper

place of the two hands of human beings is by their sides. This is the essence of the meaning of letting the hands hang by

the sides. No one disputes this except someone mad, ignorant, or is simply recalcitrant against what is accepted by the

senses. For the above two prophetic narrations are clear and unambiguous regarding letting the hands hang by the sides

during the prayer. It is impossible to interpolate this other than its correct interpolation, and Allah knows best.” Abd’r-

Rahman ibn al-Qasim narrated in the al-Mudawwana saying that Malik said regarding the placing of the right hand over

the left during the prayer: “I do not know of this in the obligatory prayers. However, in the superogatory prayers, when

the standing is made long, there is no harm in that.” The meaning of his words: “When he made the rukù”; is that the

bowing means that the one praying lowering his head after the standing in which he recites Qur’an, until his back

becomes still in bowing; which is among the obligations of the prayer with the followers of Malik. The meaning of his

words: “…he placed his hands firmly upon his knees and then kept his back straight and level”; that is bent foward until

his back was straight and not curved like a bow. In the narration of Ìsa: “…without tucking in his head or pointing it

forward.” This is similar to what Abd’l-Hameed related. In the narration of Faleeh from Abu Dawud: “…he would then

place his hands upon his knees as if he were grasping them.” In the narration of Ibn Laheeja on the authority of Yazid

ibn Abi Habib: “…an he would spread his fingers.” The meaning of his words: “When he raised his head he would

stand straight”; where Ìsa from Abu Dawud added: “…he would then say: ‘Sami` Allahu liman hamidahu. Allahumma

Rabbanaa laka’l-hamdu’ (Allah hears the one who praises him. O Allah our Lord to You are the praises), and raise his

hands.” This is similar to what Abd’r-Rahman narrated where he added: “…until they were equal to his shoulders.” The

meaning of his words: “…until his spine and all his joints returned to their proper places”; is that the expression al-

faqaar (vertebrates) where the letters faa and qaaf are inflected with fat’ha is the plural of faqarah (vertebra), which is

the main bones of the back. They are the bones which are called the spine of the back, which begins from the upper part

of the back until its base. They are twenty-five bones: seven in the neck, five in the spinal column and the remainder in

the edge of the curvature of the spine. Thus, what is meant is that back was made complete in his straightness. In the

narration of Hushaym on the authority of Abd’l-Hameed: “…then he would remain standing until all the limbs fell into

their proper place.” The meaning of his words: “When he made prostration, he would place his hands without spreading

out the fingers”; that is to either in either of his hands. In the narration of Ibn Hibban from the narration of Ùtba ibn

Abi Hakim on the authority of Abass ibn Sahl: “…without spreading out his arms.” The meaning of his words: “…or

without clinching them”; that is to say, without merging the fingers together. In the narration of Ìsa: “For when he

would make prostration he would separate his two thighs from his body without any part of them touching the

stomach.” In the narration of the above mentioned Ùtba: “…he would not place his stomach upon any part of his

thighs.” In the narration of Ibn Is’haq: “…until I was able to see the brightness of his underarms. He would then remain

still until each of his limbs became tranquil. He would then raise his head and straighten.” In the narration of Abd’l-

Hameed: “He would then say: ‘Allahu akbar’, raise his head, place his left foot flat and sit upon it until each of his

limbs rested in their place.” The meaning of his words: “When he sat for the first rakaàt, he would make the toes of his

left face towards the qibla and straighten up his right foot”; that is to say, in the first of the two rakàts for the

tashahhud. In the narration of Faleeh: “…he would then sit, laying down his left foot, prop up his right foot where the

toes were facing the direction of his qibla, place his right hand upon his right thigh, place his left hand upon his left

thigh, and indicate with his finger.” In the narration of Ìsa ibn Abdallah: “He would then sit after the two rakàts until

he desired to rise for the standing. He would then stand with the takbir.” This last narration conflicts outwardly with the

narration of Abd’l-Hameed where he said: “When he stood from the two rakàts he would make the takbir and raise his

hands, in the same way that he made the takbir during the opening of the prayer.” His words: “When he sat for the

second rakàt, he would place his left foot forward and straighten up the other foot, and he would sit upon his hips”; is

similar to the narration of Ìsa with at-Tahaawi: “When he made the salaams, he would turn to his right and say: ‘As-

Salaamu alaykum wa rahmatullahi’ (Peace be upon you and the mercy of Allah), and then turn to his left and do the

same thing.” In the narration of at-Tirmidhi on the authority of Aìsha that: “The Messenger of Allah, may Allah bless

him and grant him peace would make the salaams in the prayer he would make the salaams to his right, turning his face

In it also203 on the authority of Abu Hurayra that he, upon him be blessings and peace, said

to a man named Khalaad ibn Raafi` who had not completed the pillars of the prayer:204 “When you

stand for the prayer, say the takbir and read what is easiest for you from the Qur’an.205 Then make

rukù until you become tranquil in rukù. Then rise up until you are standing straight up. Then make

prostration until you are tranquil in prostration. Then rise up until you are tranquil in sitting. Then

make prostration again until you are tranquil in prostration. You should then do like that in the

remainder of your prayer.”206

slightly to the right.” Malik chose that the one following the Imam should make two salaams, one being given to the

Imam. It is also said that from Malik that he said that the one following the Imam should make three salaams: the first

for the termination of the prayer; the second to the Imam and the third for anyone on his left side. Abu Ìsa said: “Some

of the people of knowledge said that the soundest narration from the Prophet, may Allah bless him and grant him peace

is two salaams. This opinion constitutes most of the people of knowledge from among the Companions of the Prophet,

may Allah bless him and grant him peace, from the Tabiùun and those after them. However, some of the people from

the Companions of the Prophet, may Allah bless him and grant him peace and others narrated that there should be a

single salaam in the prescribed prayers.” As-Shafi` said: “If he likes he can choose to make one salaam, or if he likes he

can make two salaams.” In the narration of Abu Dawud: “Those who were present in the assembly of Abu Humayd,

when he completed his description of the prayer of the Messenger of Allah, may Allah bless him and grant him peace

all said: ‘You have told the truth. Likewise did he may Allah taàla bless him and grant him peace pray’.” Subsequently,

if Abu Humayd as-Sa`di had neglected anything from the prayer which it is not complete without it, they would have

said to him: “You made a mistake”; or “You neglected to mention the grasping of the hands”; or “you left out so-and-

so.” However, they did not contradict him because he was the most knowledgeable of them of the prayer of the Prophet,

may Allah bless him and grant him peace. Muhammad al-Khidr ibn Abdallah ibn Mayaaba said: “It has been

established as an axiom from the scholars that remaining silent in the face of a demonstration is a clear proof that the

person made a sound demonstration.” 203 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Prayer. 204 The full text of the prophetic tradition is that: “The Messenger of Allah, may Allah bless him and grant him peace

entered the masjid, and then a man entered, prayed and then gave the salaams to the Prophet, may Allah bless him and

grant him peace, who returned the greetings and then said: ‘Return and pray again for you have not prayed.’ The man

returned prayed as he had prayed before, and then came gave the salaams to the Prophet, may Allah bless him and grant

him peace who then said: ‘Return and pray for you have not prayed.’ He repeated this to him three times. Then the man

said: ‘By the One who sent you with the Truth, I can not do better than that, so teach me’.” He, upon him be blessings

and peace then said what will follow. 205 Here ends facsimile 21 of the Arabic manuscript. 206 The meaning of his words, upon him be blessings and peace: “When you stand for the prayer, say the takbir and

read what is easiest for you from the Qur’an”; is that there is no disagreement in the narratives of this from Abu

Hurayra. As for as Rifaaà in a narration from Is’haq: “He should recite what is easiest for him from the Qur’an from

what Allah has taught him.” In the narration of Yahya ibn Ali: “If there is any Qur’an with him, then he should recite it.

If not, then he should say: ‘al-hamdu lillah’ (All praises are due to Allah); Allahu akbar (Allah is the greatest); and Laa

ilaha illa Allah (there is no deity except Allah).” In the narration of Muhammad ibn Àmr with Abu Dawud: “…then

recite the Umm’l-Qur’an and what Allah wills.” And from that perspective from Ahmad and Ibn Hibban: “…he should

then recite the Umm’l-Qur’an, and then recite what he likes.” Ibn Hibban interpolated this in the chapter on the

obligation of the one praying to recite the Faatiha of the Book in every rakaàt. It is said that his words: “…what is

easiest”, is attributed to what is recited in addition to the al-Faatiha, which connects with the obligation of reciting the

al-Faatiha. This is further, corroborated by the narration which proceeded from Ahmad and Ibn Hibban where he said:

“Recite the Umm’l-Qur’an, and then recite what you like.” His words: “Then make rukù until you become tranquil in

rukù”; is similar to the narration of Ahmad: “When you have made the rukù, then place your palms upon your knees,

protract your back and remain firm in your bowing.” In the narration of Is’haq ibn Abi Talha: “…he should then make

the takbir, and then bow down until he becomes tranquil in his joints and he should then relax.” This particular narration

gives evidence of the obligation of being reposed in all the pillars of the prayer. It is upon this, that the majority of the

scholars uphold. Regarding his words, upon him be blessings and peace: “You should then do like that in the remainder

of your prayer”; is evidence that making the iqaama, seeking refuge from Satan, the supplications at the beginning of

the prayers, raising the hands during the initial takbir and other than these, as well as placing the right hand upon the

left, the takbir for the transitions of the prayer, the glorification of the bowing and prostration, the aspects of the sitting

In it also207 on the authority of Ibn Abbas, may Allah be pleased with him, that the Prophet,

may Allah bless him and grant him peace, said: “We have been ordered to make prostration upon

seven bones, and not to tuck up the garments or the hair.”208

in the prayer, placing the hands upon the thighs, and the like from those matters not mentioned in the prophetic

traditions is not among the obligations of the prayer. Further, in none of these narrations did it mention the grasping of

the hands. On the contrary, each of the prophetic traditions in which there is a description of the prayer of the Prophet,

may Allah bless him and grant him peace, the grasping of the hands is never mentioned, because letting the hands hang

by the sides or having the hands to the sides of the body is actually at the roots of the prayer, as we presented previously

in the prophetic tradition of Abu Humayd as-Saìdi. Moreover, the notables among the Companions, the Taabiùun, the

Taabi`’t-Taabièen used to allow their hands to hang by their sides during the prayer. It has been related by Ibn al-

Mundhir on the authority of Ibn az-Zubayr, al-Hassan al-Basri, and an-Nakhai` that they used to allow their hands to

hang by their sides and did not place their rights hands over their left. Ibn Abi Shayba related on the authority of Yazid

ibn Ibrahim who said: “I heard Àmr ibn Dinar say: ‘When Ibn az-Zubayr prayed he would let his hands hang by his

sides’.” In addition, Ibn Abass testified that the prayer of Ibn az-Zubayr was the prayer of the Prophet, may Allah bless

him and grant him peace, as it was related by Abu Dawud on the authority of Maymun al-Mekki on the authority of Ibn

Abass who said: “If you desire to see the prayer of the Messenger of Allah, may Allah bless him and grant him peace,

then follow the prayer of Abdallah ibn az-Zubayr.” Indeed Ibn az-Zubayr took the description of the prayer from Abu

Bakr as-Sideeq, as al-Khateeb related in his Tarikh al-Baghdad on the authority of Ahmad ibn Hanbal, may Allah taàla

be pleased with him who said: “Abd’r-Razaaq narrated to me saying: ‘That the people of Mecca say that Jurayj took the

description of the prayer from Àtaa. Àtaa’ took it from Ibn az-Zubayr. Ibn az-Zubayr took it from Abu Bakr as-

Sideeq. Abu Bakr took it from the Prophet, may Allah bless him and grant him peace’.” Abu Bakr as-Sideeq in turn

once said: “I have never neglected anything which the Messenger of Allah, may Allah bless him and grant him peace

used to do, except that I did it, out of fear that if I left anything from his affair that I would go astray.” This is conclusive

evidence for the soundness of letting the hands hang by the sides or allowing the hands to rest at the sides of the body

during the prayer, and Allah knows best. 207 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Prayer. 208 The meaning of his words, upon him be blessings and peace: “We have been ordered”; is that I and the righteous

servants of Allah from among the Angels, the prophets and the entire Umma, have been ordered… In another narration:

“I was ordered to prostrate upon seven bones: the forehead; (he then pointed to his nose); the two hands; the two knees;

and the two feet.” In another narration: “He ordered that I prostrate on seven and not to tuck up the hair and the

garment: the forehead; the nose; the two hands; the two knees; and the two feet.” The meaning of his words, upon him

be blessings and peace: “…to make prostration upon seven bones”; is that the scholars agree that the prostration is to be

done upon seven bones: the face; the two hands; the two knees; and the front part of the two feet. However, they

disagree regarding the one who prostrates upon the face, but is defective in one of the other limbs. Is his prayer invalid

or not? Some of the people say that his prayer is not invalidated because the expression ‘prostration’ is normally

interpolated as the face alone. Some people say that it invalidates his prayer if he does not prostrate upon all seven

bones based upon the established narrated prophetic tradition. There is no disagreement among the scholars regarding

the one who prostrates upon his forehead and nose, then he has actually prostrated upon his face. They do disagree,

however, regarding the one who prostrates upon just one of the two. Malik said: “If he prostrates upon his forehead and

not the nose, then this is permissible. However, if he prostrates upon his nose and not his forehead, then this is not

permissible.” Abu Hanifa said: “On the contrary, this is permissible.” As-Shafi` said: “It is only permissible to prostrate

upon both the forehead and nose together”; as it was related in a narration of Ahmad on the authority of Waa’il ibn Hajr

who said: “I saw the Messenger of Allah, may Allah bless him and grant him peace make prostration placing his

forehead and nose upon the earth when he prostrated.” The meaning of his words, upon him be blessings and peace:

“…and not to tuck up the garments or the hair”; is not to pull together and gather the garments or the hair of his head

during the prayer, because lifting the garments and the hair from touching the earth resembles the traits of the arrogant.

As for the lawful glorification prescribed for the prostrations it has been related by Abd’r-Razaaq in his al-Jaami` on the

authority of Abu Ùbayda ibn Abdallah ibn Masùd on the authority of Ibn Masùd that he used to say in his

prostrations: “Glory be to my Lord the Exalted, and with His praises”; three times and would add to that. Abu Ùbayda

then said: “My father used to mention that the Prophet, may Allah bless him and grant him peace used to say it like

that.” This is evidence that it is permissible to add to the glorification of the lawful glorification of the prostrations of

the prescribed prayers because it has been related in the prophetic traditions: “The nearest that the servant is to his Lord

is when he is in prostration.” For this reason, I usually say in addition to the lawful glorification of every prostration: “O

Allah send blessings upon Muhammad and upon the family of Muhammad, to the number of every remember who

In it also209 on the authority of Abdallah ibn Malik ibn Buhayna:210 “When the Prophet,

may Allah bless him and grant him peace used to pray, he would spread his arms wide enough until

the brightness of his armpits were seen.”211

remembers him and to the number of every forgetful one who forgets him.” I say this out of great esteem and honor to

our master Muhammad, may Allah bless him and grant him peace and in imitation of his words, upon him be blessings

and peace: “…as for the prostrations, then make strenuous effort in it with supplications.” In this prophetic tradition:

“We have been ordered to make prostration upon seven bones” is a profound indication that when the servant desires to

draw near to his Lord, it is necessary for him to wipe away his vestiges, his appearances, and his eight transient

attributes; which are his temporal existence, his life, his desires, his power, his knowledge, his hearing, his seeing and

his speech. All these should be annihilated in the witnessing the Existence of Allah, the Life of Allah, the Will of Allah,

the Power of Allah, the Knowledge of Allah, His Hearing, Sight and Speech. He should see that there is no existent in

reality except Allah taàla, that there is nothing living in reality except Him; for everything in reality is in a constant

state of annihilation except His Countenance. The servant does not desire anything except that his Exalted Lord wills it.

There is nothing that is able, hearing, and seeing except Him. He should see himself as dead and annihilated without

existence, life, will, power, knowledge, hearing, seeing and speaking except by means of Allah taàla. Thus, the servant

draws near to his Lord, by acknowledging his real attributes which are: pure non-existence, death, coercion, impotence,

ignorance, deafness, blindness and dumbness. When the servant knows himself, he comes to know his Lord, as the well

known prophetic tradition states. For, the attributes of the servant are opposite those of the Lord. It is with this gnosis

that the servant draws near to his Master, thus, when he makes prostration with this objective, then it is the real

prostration, as it has been stated in the prophetic tradition: “The nearest the servant can attain with his Lord is when he

is in prostration.” 209 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Prayer. 210 He was Abu Muhammad Abdallah ibn Malik ibn Jundub, (known as al-Qishb) ibn Nadla ibn Abdallah ibn Raafi`

ibn Suàb ibn Dahnaan ibn Nasr ibn Zahraan ibn Ka`b ibn al-Haarith ibn Abdallah ibn Ka`b ibn Abdallah ibn Ka`b

Abdallah ibn al-Azad al-Azadi. He was called ‘Ibn Buhayna because his lineage was attributed to his mother, Buhayna

bint al-Haarith ibn Abd’l-Muttalib. He was a protected ally of the Banu al-Muttalib ibn Abdumanaf. He was a

Companion who accepted Islam early on. He possessed many prophetic traditions related in the sound and sunnan

collections. He was extremely ascetic, had tremendous spiritual bounty and used to fast continuously. He eventually

settled in the valley called Ra’im about three miles from Medina, where he died in the year 56 A.H. during the

government of Marwaan. 211 The meaning of his words: “When the Prophet, may Allah bless him and grant him peace used to pray, he would

spread his arms”; refers to what he did during his prostrations where he would separate each of his arms from his sides.

This form of prostration most resembles a state of humility and is more effective in firmly placing the forehead and the

nose upon the earth, and is the furthest from the aspects of laziness. Naasir’d-Deen ibn al-Muneer said in his al-

Haashiyya: “The wisdom in this is that each limb becomes apparent and distinct until a single person becomes like

many while making prostration. This can only apply when each of the limbs stand by themselves and none of them lean

on another of the limbs during prostration. This is opposite of what is related regarding the prayer lines where it is

desired for close connection between each body. This is because the objective here is to manifest oneness between those

praying as if they were a single body.” The meaning of his words: “…wide enough until the brightness of his armpits

were seen”; is evidence that he did not wear the kind of shirt which prevented his armpits from being seen.

Additionally, this indicates the conceivability of him wearing a shirt which had wide sleeves. This prophetic tradition

also gives evidence that his armpits, may Allah bless him and grant him peace were hairless. It also proves that he was

not ‘black’ or dark in color, upon him be blessings and peace.

In it also212 on the authority of Anas ibn Malik that the Prophet, may Allah bless him and

grant him peace, said: “Be moderate in your prostration and do not spread out your forearms in

prostration like a dog.”213

212 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Description of the Prayer. 213 The meaning of his words, upon him be blessings and peace: “Be moderate in your prostration”; is to be

intermediate between stretching oneself out and contracting oneself. Or what is meant here by ‘moderation’ is

performing the outward aspects of prostration in accordance with the command. What is desired here is the raising of

those limbs which are supposed be higher, firmly placing of the forehead, looking at the earth, and performing it with

repose. The meaning of his words, upon him be blessings and peace: “…and do not spread out your forearms in

prostration like a dog”; is do not under value it and do not spread the forearms like a dog stretches its forearms on the

earth. This means they should not be extended on the earth during the prayer, for this is reprehensible and indicates

carelessness and little real concern for the prayer. As for a complete methodology of the prayer and its description from

the beginning until the end Shaykh Abdullahi ibn Fuduye`, may Allah be merciful to him said in his Diya Ùluum’d-

Deen: “Realize that the prayer is the support of the religion. Whoever establishes it has in effect established the religion.

Whoever neglects it has in effect demolished the religion. Apart of its establishment is making the call to it, completing

its pillars, performing it during its proper times, doing them in congregation, in the masaajid and inducing a state of

submissiveness. Thus whoever completes the ablution , purifies himself from impurities, covers his private parts; should

then stand for the prayer erect, facing the qibla, gazing with his eyes down before him not closing them, remembering

that he is standing in the Presence of Allah taàla, desiring intimate conversation with Him. He should make his heart

present and intend to perform a specific obligatory prayer making his intention persist until he finishes the takbir

saying: ‘Allahu Akbar’, while raising his hands equal with his shoulders. He should then recite the al-Faatiha with the

completion of its grammatical emphasis and letters; and making effort to distinguish between the letters daad and dhaw.

And he should then say ‘Amen’ at its completion. He should recite aloud during the subh, maghrib and ìsha prayers,

and recite silently in the others. He should then recite the extra chapter or the amount of three verses from the Qur’an,

or more. He should then bow down with the takbir until the end of the bowing, by placing his palms on his knees

firmly, straightening his back keeping his arms from touching his sides; if the one praying is male. But the female

should keep her limbs close to her body during the entire prayer. During the bowing he should say three times: ‘Glory

be to my Lord the Mighty and with His praises’. He should then raise his head from the bowing after being composed in

it, saying: ‘Allah listens to the one who praises him’. Then while being composed standing he should say: ‘O Allah our

Lord, and to You is the praise’; if he is praying alone or if he is following the Imam. He should then go down into

prostration with the takbir and place his knees on the earth, his forehead, nose and palms while looking at the earth, and

then say three times: ‘Glory be to my Lord the Exalted and with His praises’, while remaining composed and straight.

He should then rise up from prostration and sit composed and straight upon his left foot and propping up his right foot,

placing his hands firmly on his knees, with his fingers opened. He then should perform a second prostration in the same

manner. He should then perform the second rakaàt like the first. He then should make the tashahhud, and then send

blessings upon the Prophet, may Allah bless him and grant him peace. He should perform what we mentioned in the

remainder of his prayer, then make the tashahhud and then the salaam by saying: ‘As salaamu alaykum’; by saying the

salaam with determination and not elongating it. He should make clear distinction between the obligations, sunnan, and

merits of the prayer which have been delineated in the books of jurisprudence, but what we mentioned here is what is

required.”

On What Has Been Related Regarding the Sin of Those Who Pass in Front of Someone

Praying It has been related in the Saheeh of al-Bukhari on the authority of Abu Juhaym,214 that the

Messenger of Allah, may Allah bless him and grant him peace, said: “If the one passing in front of

one praying knew what was against him, he would have considered stopping in his place for some

forty to be better for him than passing in front of the one praying.” Abu an-Nadri said: “I don’t

know whether he said forty days, months or years.”215

214 He was Abu Juhaym Abdallah ibn al-Haarith ibn ad-Damma ibn Àmr ibn Àteek ibn Mabdhuul ibn Àamir ibn

Malik ibn an-Najaar al-Ansaari an-Najaari. 215 The meaning of his words, upon him be blessings and peace: “If the one passing in front of one praying knew”; that

is to say, passing close in front of him. There is some disagreement regarding the actual extent of this. It is said that if he

passes in front of him to the extent of his prostration which is the foremost opinion. It is said to the extent of what is

between him and length of a grave, which what I say. It is said to the extent of three arms length. It is said that it is the

extent of a stones throw. The meaning of his words, upon him be blessings and peace: “…what was against him,”; is

what is against him regarding sins. This is specifically designated for the one who knows that it is prohibited and then

does it; as it was related in the prophetic traditions. The meaning of his words, upon him be blessings and peace: “…he

would have considered stopping in his place for some forty”; is if the person passing in front of those praying knew the

extent of the sins which he had earned as a result of passing in front of them, he would choose to have stopped for the

named period rather than earning the mentioned sins. It states in the Sunnan of Ibn Maja as well as in the Saheeh of Ibn

Hibban from a prophetic tradition of Abu Hurayra: “…he would have considered stopping for one hundred years better

than taking a single step.” This indicates that the expressive use of the number forty is utilized here as in incentive to

communicate the immensity of the affair, and not to specify an exact number. This is corroborated in the Musnad of al-

Bazaar where it states: “…he would have considered stopping for forty autumns.” The meaning of his words, upon him

be blessings and peace: “…to be better for him than passing in front of the one praying”; clearly proves that passing in

front of those praying is among the major sins which necessitates punishment in the Fire; because the apparent

expression is a general prohibition regarding every person praying. However, some of the followers of Malik specify

this prohibition to apply only to passing in front of the Imam or one praying alone, because there is no harm passing in

front of those following an Imam, since their sutra (screen) is the Imam himself, or it is the place in front of the Imam is

their sutra. The meaning of his words: “Abu an-Nadri said”; are actually the words of Malik himself and are not directly

related to al-Bukhari because this same expression was cited in the al-Muwatta in all of its variant versions. He Abu an-

Nadri, he was Salim ibn Abi Umayya al-Medini, the scribe of Umar ibn Ùbaydallah at-Taymi and his fresdman.

transmitted prophetic traditions from: Anas ibn Malik, Ùbayd Haneen, Bisr ibn Saìd, Sulayman ibn Yasaar, Ùmayr

the freedan of Ibn Abass, Àamir ibn Sa`d and others besides them. He transmitted close to fifty prophetic traditions and

was considered upright and reliable. Those who transmitted from him were: Musa ibn Ùqba, Àmr ibn al-Haarith,

Malik ibn Anas, al-Layth ibn Sa`d, Sufyan ibn Ùyayna, Sufyan at-Thawri and others. He died in the year 129 A.H. The

meaning of his words: “I don’t know whether he said forty days, months or years”; is that there was doubt regarding his

words in reference to the actual number, because the cited threat is specified for the person who actually passes in front

of those praying and not the one who, for example, stops willfully in front of them, sits or reclines. Subsequently, the

apparent implication of the prophetic tradition is that it is a general prohibition regarding every person praying. It also

establishes that in this prohibition there is no distinction between it being an obligatory or superogatory prayer.

However, some of the Maliki jurists make four clear distinctions between the circumstances of the one passing in front

of them and those actually praying, regarding the extent of their sins or the lack there of. [1] The one passing in front of

those praying commit sins but not the one actually praying, since he prays respecting his sutra and the one passing in

front of him has an alternative. Thus, the one passing in front commit sins and not the one praying. [2] The one praying

commit sins and not the one passing in front of him, when he prays in a place normally used as a path for walking, and

he fails to place a sutra or he is so far from his sutra and the one passing in front of him has no other alternative. Thus,

the one praying earns sins and not the one passing in front of him. [3] Both commit sins like the second stipulation, but

the one passing in front of him has an alternative, thus, they both earn sins. [4] Like the first stipulation where the one

passing has no other alternative, as a result neither of them earns sins. In all of this there is ambiguity as to exactly what

sins the person passing in front of those praying actually commits, and this ambiguity is intentional as a form of

reproach. In the narration of al-Bizaar where it states: “…forty autumns”, an-Nawwawi said: “This particular variant of

the prophetic tradition is proof of the absolute prohibition of passing in front of people praying, since the meaning of the

prophetic tradition is a definitive prohibition and a constitutes a severe threat.”

On What Has Been Related Regarding Making-up for Missed Prayers216

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik that the

Prophet, may Allah bless him and grant him peace, said: “Whoever forgets a prayer, should pray it

when he remembers it. There is no atonement for it other than that. ‘And establish the prayer for

My remembrance’.”217

216 To make up for a thing means to make up for what has elapsed from it. Its meaning in jurisprudence is to make up

for what has elapsed from the acts of worship. What is meant here is the making up of the prayers. Allah taàla says:

“And establish the prayer for My remembrance.” It is the unanimous agreement of the scholars of the Sunna that it is

obligatory upon the person who forgets to perform the prayer or who over sleeps, that he should perform the prayer

which he missed due to sleep or forgetfulness. The scholars differ regarding the one who missed the prayer intentionally

and the one who became unconscious. As for the one who neglects the prayer intentionally until the time elapses, the

majority of the scholars agree that this is a sin, and that making the prayer up is obligatory upon him because he omitted

one the prerequisites required to make the action sound, which is the proper time, since it is a one of the prerequisites

for the soundness of the prayer as we previously mentioned. 217 The meaning of his words, upon him be blessings and peace: “Whoever forgets a prayer, should pray it”; it can be

taken from this address that the speaker is saying that the one who intentionally neglects the prayer that he does not

have to make it up, based upon the legal principle: ‘The absence of the condition necessitates the absence of the thing

conditioned.’ Thus, it requires that whoever does not forget it is, then, not necessary for him to make it up. On the other

hand, those who say that the one who intentionally neglects a pray is required to make it up, believes that this is the

utility of what is understood from the address of the prophetic tradition. Thus, it falls within the legal principle of:

“Cautioning of the higher by admonishing the subordinate.” This is because if it is obligatory to make up the prayer for

the one who forgets it, along with the abating of sins and the removal of harm, then it is even more obligatory for the

person who intentional neglects his prayers to make them up. Some of the jurists assert that the obligation of making up

missed prayers for the person who intentionally neglects them is taken from his words: “…when he forgets…” because

forgetfulness is intrinsically connected to neglect, regardless if the neglect was done as a result of absentmindedness or

not. From this ruling can be understood the words of Allah taàla: “They forgot Allah, thus He made them neglect

themselves. They forgot Allah and then He neglected them.” The meaning of his words, upon him be blessings and

peace: “…when he remembers it. There is no atonement for it other than that”; is that the expiation for missing the

prayers due to an error is the same for the one who does so intentionally. However, the sin of the one who allows the

time of the prayer to elapse persists upon him, even when he makes that prayer up. This is contrary to the one who

actually forgets to make the prayer, for there is absolutely no sin upon him. The meaning of his words, upon him be

blessings and peace: “‘And establish the prayer for My remembrance’ is that the Prophet, may Allah bless him and

grant him peace cited this Qur’anic verse in order to bring clarity to what he said or his words were a clarification of the

meaning of the verse. The actual meaning of His words is: “When you remember Me, that is to say, when you

remember My command after having forgotten it.” It is said that it means: “Do not recall in your prayers other than

Me.” It is also said that it means: “…and establish the prayer as gratitude for My remembrance.” It is said that what is

meant by His words: “My remembrance” is remembrance of My command. It is also said that it means: “When you

remember the prayer, then you have in effect remembered Me.” For the prayer is worship of Allah, thus, whenever it is

remembered it reminds one of the One who is worshipped; as if He meant: “…and establish the prayer for the

remembrance of the prayer”; or “…and establish the prayer for its remembrance.” This is because when it is

remembered then Allah taàla is remembered. Or what is intended is the annexed noun (mudaaf), that is to say, “…for

the remembrance of My prayer”; or remembrance of the pronoun inherent in the noun, which in the case is the place of

the prayer in order to show honor to it. The Shehu, may the mercy of Allah be with him said in his Mirat’t-Tullab: “It

states in the Miftaah as-Sadaad, the commentary upon the Irshaad as-Saalik: “The school of thought of Malik is that the

making up of missed prayers should be done immediately.” Ibn Rushd said: “As long as it is not overly constraining, the

making up of the prayers should not preclude taking care of his livelihood and that of his immediate family.” I say: The

opinion concerning not making-up missed prayers is unusual which was rejected by Ìyad and others on the authority of

Malik. This also obligates those who claim disbelief for those who leave the prayers intentionally. Ahmad Zarruq

mentioned this in his Ùmdat ‘l-Murid ‘s-Saadiq. He also said in it: “The Prophet, may Allah bless him and grant him

peace said: ‘Whoever sleeps through the prayer and forgets it, then its proper time for him is when he remembers it.’ He

should then be cautioned by the least over the greater because leaving the prayers intentionally is not as light in its

judgment as forgetting the prayers. However all of this is based upon the prominent opinion. The legal reliance of the

majority of the scholars is that leaving the prayers is not to be considered an act of disbelief.” The Shehu also said in his

On What Has Been Related Regarding Forgetfulness in the Prayer218

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah219 ibn Buhayna,

who said: “The Messenger of Allah, may Allah bless him and grant him peace, prayed with us two

rakàts from one of the prayers. He then stood up without sitting and the people stood up with him.

When he had finished the prayer; we waited for him to make the salaams. However, he made the

takbir before the salaams and he then made two prostrations while he was sitting. He then made the

salaams.”220

Umdat’l-Bayaan: “It is obligatory for every responsible person to make up for objectionable things from the prayers.

And he should make them up in the order that they were missed. If they were prayers while resident, he should perform

them as resident prayers. If they were traveling prayers, then he should perform them as traveling prayers. This is

regardless if he performs the missed prayers being resident or while traveling. The maintaining of the correct order

(tarteeb) of two current prayers that are due at the same time is an obligation (waajib). Likewise maintaining the correct

order between a small quantity of missed prayers and a current prayer is obligatory when it is remembered. A small

quantity (yaseer) means four prayers or less. Thus, whoever has to make up four prayers or less must pray them in order

before the current prayer, even if the time of the current prayer passes.” 218 This means the forgetting of a thing; being heedless regarding it and the heart going away from it. Forgetfulness in

the prayer means being heedless regarding something from it. Ibn al-Athir said: “Forgetfulness in a thing is to neglect it

without knowledge; while forgetfulness concerning a thing is to neglect it knowingly.” As-Shafi` held the opinion that

the prostration of forgetfulness is a Sunna. Abu Hanifa held the opinion that it was obligatory, but that it was not apart

of the prerequisites for the soundness of the prayer. Malik differentiated between the prostration of forgetfulness of

actions and the prostration of forgetfulness of words; as well as between adding something to the prayer and decreasing

something from the prayer. He said: “The prostration of forgetfulness which is performed for actions decreased from the

prayer is obligatory. This is because these actions were with him from the prerequisites of the soundness of the prayer.

This is the most well-known opinion. From Malik as well is that the prostration of forgetfulness for actions added to the

prayer is highly recommended. Those who follow as-Shafi` hold the opinion that the prostration of forgetfulness is

always to be performed before the salaam. Those who follow Abu Hanifa hold that the prostration of forgetfulness is

always to be performed after the salaam. Ahmad ibn Hanbal said: “He should only make the prostration before the

salaam in those situations in which the Messenger of Allah, may Allah bless him and grant him peace made the

prostration before the salaam. And he should only make the prostration after the salaam in those situations where the

Messenger of Allah, may Allah bless him and grant him peace made prostration after the salaam.” Allah taàla says:

“There is in the Messenger of Allah a good example for you.” This Qur’anic verse establishes the doctrine of belief of

the people of the Sunna and the Jamaàt regarding the infallibility of the Prophet, may Allah bless him and grant him

peace from intentional disobedience; his infallibility from forgetfulness which negates his truthfulness and

trustworthiness; and his infallibility from heedlessness which invalidates his sagaciousness in delivering the Divine

Message. This is because the Messenger of Allah, may Allah bless him and grant him peace is the exemplar and

excellent model for his Umma. Thus, forgetfulness and overlooking a thing is permissible to the Prophets, upon them be

blessing and peace in what establishes a path for the legal enactment of a ruling in the religion, on behalf of those who

follow them. Thus, forgetfulness and overlooking a thing for the Prophets is not in reality heedlessness except in the

outer apparent judgment in order to enact law for their Umma as a form of atonement for them in the law. So

understand! 219 Here ends facsimile 22 of the Arabic manuscript. 220 The meaning of his words: “The Messenger of Allah, may Allah bless him and grant him peace, prayed with us”; is

that he prayed leading us, or that he prayed because of us. The meaning of his words: “…two rakàts from one of the

prayers”; is explained in another narration that the prayer was the dhuhr prayer. The meaning of his words: “He then

stood up without sitting”; to make the tashahhud. The meaning of his words: “…and the people stood up with him.

When he had finished the prayer”; is that when he completed it as it was transmitted by Malik on the authority of his

teacher. This provides the evidence for those who claim that the salaams are not apart of the actual prayer, even to the

point of saying that it is permissible I is permissible to talk after having made the final sitting, and before making the

salaams, then the prayer is complete. This is the opinion of some of the Companions and the Taabiùun, and is the

expressed view of Abu Hanifa. This is followed with the view that since the salaam is for the dissolution of the prayer,

then the one praying had already completed it when he reaches the greetings. This is corroborated by the words in the

narration of Ibn Maja by way of a large group from the reliable transmitters on the authority of Yahya ibn Saìd on the

authority of al-Àraja: “…until when he had completed the prayer with the exception of making the salaams.” This

In it also221 on the authority of Abu Hurayra, who said: “The Prophet, may Allah bless him

and grant him peace, prayed the dhuhr prayer but only prayed two rakàts. It was said to him: ‘You

have only prayed two rakàts.’ He then stood and prayed two rakàts, made the salaams and then

made two prostrations.”222

gives evidence of why some of the narrators omit the particle of exception (al-istithnaa) in order to make this clear.

However, the addition of the particle of exception from the traditionist is acceptable. The meaning of his words: “…we

waited for him to make the salaams”; is that we waited on him. In this phrase is clear refutation of those who claim that

in the narrative of Ibn Buhyana that he, may Allah bless him and peace made the prostration for forgetfulness before the

salaams; or that what was meant by the two prostrations were the prostration of the prayer; or that what was meant by

the salaams was the second salaams. The meaning of his words: “However, he made the takbir before the salaams and

he then made two prostrations”; is in this the lawfulness making the prostration of forgetfulness and that it to be done

with two prostration. If, subsequently, a person restricts it to just a single prostration then it does not count for anything;

or if he does so intentionally then it invalidates his prayer. The reason for the latter opinion is because intentionally

performing an additional prostration is not lawful. It also establishes that lawfulness of making the takbir for these two

prostrations in the same manner that one makes the takbir for other prostrations in the prayer. This proves that the takbir

for the two prostrations of forgetfulness should be done audibly just as they are done in the prayer and that they should

separated by a single sitting between them. The meaning of his words: “…while he was sitting. He then made the

salaams”; is regarding the issue of giving the salaams. The mujtahid scholars differ regarding turning only to the right

to give the salaams, and turning to the right and left for the salaams. Malik said that it is obligatory to articulate audibly

a single salaam to the right, and that it is highly recommended for the one following to return the salaams silently to the

Imam and to those on his left, without turning his head towards them. Ad-Daruqutni, and at-Tirmidhi both narrated on

the authority of Aìsha that the Messenger of Allah, may Allah bless him and grant him peace used to give the salaams

in the prayer with a single salaam turning his head slightly to the right. In this regard as well is what some of the people

have transmitted from the Companions of the Prophet, may Allah bless him and grant him peace and others that a single

salaam should be done in the prescribed prayers. In a narration Ibn Maja on the authority of Abd’l-Muhaymin ibn

Abass ibn Sahl ibn Sa`d as-Saìdi on the authority of his father on the authority of his grandfather that the Messenger of

Allah, may Allah bless him and grant him peace used to make a single salaam turning his face slightly. In a narration of

Ahmad on the authority of Aìsha that the Messenger of Allah, may Allah bless him and grant him peace said: “At night

the Messenger of Allah, may Allah bless him and grant him peace used to make a single salaam with the phrase: ‘as-

Salaamu alaykum’ raising his voice loud enough to wake us up.” In the narration of ad-Daruqutni on the authority of

Sahl as-Saìdi that heard the Messenger of Allah, may Allah bless him and grant him peace make a single salaam and

not say anything in addition to that.” This additional information to what we provided in section on the description of

the prayer previously. 221 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Issue of the Prostration of

Frogetfulness. 222 This means that made the salaams after the original salaams of the prayer. This prophetic tradition gives evidence

for those who say that whoever makes the salaam after only two rakàts from the dhuhr and the àsr prayers out of

forgetfulness, should pray two additional rakàts, then give the salaams, and the make tow prostration of forgetfulness,

and there is no need for him to repeat the prayers. This is because he only added to the first two rakàts with a salaams.

Regarding adding something to the prayer, one should make the prostration after the salaams; and in leaving something

from the prayer one should make the prostration before the salaams. It is this ruling which Malik, al-Mazini and as-

Shafi` followed; while the followers of Abu Hanifa used as evidence the same prophetic tradition for all prostration of

forgetfulness being done after the salaams. The Shehu, may the mercy of Allah be with him said in his Mirat’t-Tullab:

“Al-Kharaashi said in his commentary on the Mukhtasar about the words of the author: “The established sunna for

forgetfulness is two prostrations. However, due to the disagreements within the Maliki school the judgment finally

emerged as prostration before or after the salaams regarding forgetting an obligation and a sunna, by his words, “The

Sunna for forgetfulness is two prostrations’.” He, may Allah be merciful to also said in his Ùmdat’l-Bayaan: “He

prostrates two prostrations before the salaam if he has left out a confirmed sunna and he makes the tashahhud for them

and then the salaam. If he has added something, he prostrates after the salaam. If he has left something out and added

something, he prostrates before the salaam because decrease dominates increase. There are three levels of forgetfulness

in the prayer: Sometimes he forgets and misses out one of the obligations of the prayer the prostration of forgetfulness is

necessary and he must do it. If he does not remember it until after the salaam and a long time passes, his prayer is

invalidated and he must repeat it. Sometimes he is forgetful and misses out one of the meritorious parts of the prayer,

like the qunuut, or the saying 'My Lord to You the praise', a single takbir, or the like. He does not prostrate for that. If

On What Has Been Related Regarding the Prostration of the Qur’an223

It has been related in the Saheeh of al-Bukhari on the authority of Umar ibn al-Khataab, who

said: “The Prophet, may Allah bless him and grant him peace, read the Qur’anic chapter called

Sajda while we were with him. He then made the prostration and we prostrated with him. And

because of the heavy crowd there was almost no place for some of us to make the prostration

upon.”224

he prostrates before the salaam, he invalidates his prayer and he must repeat it. Sometimes he forgets one of the sunnan

of the prayer, like the extra chapter after the al-Faatiha, the two tashahhud, the sitting, or the like. He should make

prostration for that (before the salaam). The prostration after the salaam is not missed out through forgetfulness. He can

prostrate for it even after a year has passed. If he puts the prostration after the salaam before or delay the prostration

before the salaam, that is permitted. If he does not know whether he has prayed three or two rakaàt, he should build

upon the least of it and do what he has doubts about, and prostrate after the salaam.” 223 The prostrations of the Qur’an are the prostrations which are done by the reciter of the Qur’an, or the one listening

to him, when he recites or hears one of the verses of prostration. The jurists differ regarding the exact number of the

verses for which prostration should be performed. Malik said in his al-Muwatta: “The issue with us is that the

incumbent prostrations of the Qur’an are eleven prostrations and none of them are from the middle size chapters.” The

first of them is at the end of the chapter al-Àraaf with His words: “Verily with your Lord, they are those who are not

arrogant from His worship, and they glorify Him and make prostration to Him.” The second of them is in the chapter

ar-Ra`d with His words: “and at early mornings and at days end.” The third of them is in the chapter an-Nahl with His

words: “And they do what they are commanded.” The fourth is in the chapter Bani Isra’il with His words: “…and it

increases them in humility.” The fifth is in the chapter Maryum with His words: “They fell down in prostration and

weeping.” The sixth in the chapter al-Hajj with His words: “Verily Allah does whatever He wills.” The seventh is in the

chapter al-Furqaan with His words: “…and it increased them apprehensiveness.” The eighth is in the chapter al-Naml

with His words: “The Lord of the Tremendous Throne.” The ninth is in the chapter as-Sajda with His words: “…and

they are not arrogant.” The tenth is in the chapter Saad with His words: “…and he fell down bowing and in

repentance.” The eleventh is in the chapter Fussilat with His words: “…if indeed it is Him that you worship”; it is also

said that it is at His words: “…and they are not dissatisfied.” As-Shafi` said: “They are fourteen prostrations, three of

which are in the middle sized chapters: in al-Inshiqaaq, an-Najm and the prostration of Saad.” Ahmad said and it is in

accordance with his opinion I follow: “They are fifteen prostrations where two of them are established in al-Hajj and

the prostration of Saad.” Abu Hanifa said: “They are twelve.” At-Tahawi said: “They are every prostration for which

there is expressed prophetic narrative regarding it.” The jurists differ regarding the judgment of the prostrations of the

Qur’an. Some of them say that it is an obligation, among whom are Abu Hanifa, whose evidence is the apparent

meaning of the words of Allah taàla: “When you recite to them the verses of the All Compassionate One they fall down

in prostration and weeping.” Some of them say that it is a Sunna, among who are Malik and as-Shafi`, and their

evidence being the prophetic tradition of Zayd ibn Thabit that he said: “I once recited the Qur’an to the Messenger of

Allah, may Allah bless him and grant him peace, where I recited the chapter al-Hajj and he did not prostrate nor did

we.” Likewise, these take as their evidence what was narrated from him upon him be blessings and peace that he did not

prostrate in the middle sized chapters of the Qur’an, and with what was related that he sometimes prostrated in them.

All this together indicates that the prostrations of the Qur’an are not an obligation. Likewise, these take as evidence

what was understood from the actions of the Companions where it was firmly established that Umar ibn al-Khataab

recited the chapter as-Sajda during the khutba of one Friday; he then descended from the minbar and prostrated and the

people prostrated with him. Then on a second Friday he recited the same chapter and when the people were getting

prepared to prostrate, he said: “Remain as you are. Allah has not prescribed this as obligatory for us except if we want.”

He said this in the presence of the Companions. 224 The meaning of his words: “The Prophet, may Allah bless him and grant him peace, read the Qur’anic chapter called

Sajda”; in the Qur’an at His words: “…and they are not arrogant.” The meaning of his words: “…while we were with

him”; is that we were with him listening to his recitation. The meaning of his words: “He then made the prostration and

we prostrated with him”; because the prostration of recitation is a Sunna upon the one reading and those listening. The

meaning of his words: “And because of the heavy crowd there was almost no place for some of us to make the

prostration upon”; it was performed with the condition that there was no takbir or salaams which accompanied them. If

the one reciting reads them during prayer, whether it be a prescribed prayer of superogatory one, he should make

prostration. And even he repeats one of the verses of prostration repeatedly during his daily recitals; each time he

reaches the verse he should make prostration. The only exception to this, are the Qur’anic teacher and the student of the

Salaat An-Nawwaafil (Superogatory Prayers)225

On What Has Been Related Regarding the Two Rakàts of Dawn It has been related in the Saheeh of Muslim on the authority of Aìsha, may Allah be pleased

with her, who said: “The Messenger of Allah, may Allah bless him and grant him peace, prayed two

rakàts before fajr prayer and he did it so lightly that I said (to myself): ‘Did he even read the

Umm’l-Qur’an in it?”226

Qur’an. It has been related by Ahmad on the authority of Aìsha who said: “The Messenger of Allah, may Allah bless

him and grant him peace used to say during the prostrations of the Qur’an: ‘I prostrate my face to the One who created

him, opened his hearing and sight by means of His might and power’.” As for the one who is required to prostrate, there

is unanimous agreement that it is upon the once reciting during the prayer or the one reciting outside of the prayer. They

differ, however, regarding the one listening. Abu Hanifa said: “It is obligatory for him to prostrate”. He did not make

any distinction in this obligation with men or women because with him it was an obligation. Malik said: “The one

listening should make prostration based on two conditions: one is if he is actually sitting to listen to the Quràn; and the

second is that if the reciter actually prostrates.” This is because the prostrations of the Qur’an with him were a Sunna. It

has been related by Abu’l-Qasim on the authority of Malik who said: “Indeed, the one listening should make

prostration, if he is sitting with even a person who is not fit for the imamate.” As for the proper time for the performance

of the prostrations of the Qur’an, Abu Hanifa held the view that it is prohibited to them during times which it prohibited

to pray. The is the same in the opinion of Malik, because to him the prostrations of the Qur’an are among the

superogatory acts of worship, and it is forbidden to perform superogatory acts of worship during those times with him,

as he cited in the al-Muwatta. It has been related by al-Qasim on the authority of Malik that he used to make prostration

of the Qur’an after the àsr prayer as longs as the sun had not had become yellowish and began to set. And this was the

same after the subh prayer” This was also the opinion held by as-Shafi`, and is the reason that he held that it is a Sunna

because it was permissible to pray during these times as long as the sun was not being half blocked by the horizons

during setting or rising, as al-Qurtubi said in his Bidaayat’l-Mujtahid. He also said regarding the description of the

prostrations of the Qur’an: “As for the description of the prostrations, the majority of the jurists say: ‘When the reciter

of the Qur’an prostrates he should make the takbir going done and rising’.” The teachings of Malik differ regarding this

when it is outside the prayer. However, when he is in the prayer, he should make the takbir. The wisdom behind the

Shehu, may Allah be merciful to him, in narrating the issue of the prostrations of the Qur’an before mentioning the

issue on the superogatory prayers is because he adhered to Malik’s opinion that the prostrations of the Qur’anic

recitation were from among the Sunna acts of the superogatory acts of worship. 225 In its plural form linguistically it means supplementary prayers. It is said that it means the supplementary prayers to

those which are obligatory. Ibn Rushd al-Qurtubi said: “There is disagreement regarding the superogatory prayers,

whether they should be done with two rakàts, four or three? Both Malik and as-Shafi said: ‘The voluntary prayers of

the day and night should be performed in pairs of two rakàts and two rakàts with a salaam being done between each

two rakàts’. Abu Hanifa said: ‘If he likes he can perform them with two rakàts, three, four, six or eight, without

separating them with the salaams’. Some of the people distinguish between the voluntary prayers of the night and those

of the day. Some say: ‘The voluntary prayers of the night should be two rakàts each, while those of the day should be

done with four rakàts.’. The reason for their disagreement is based upon the divergent narratives related in that issue.

For example, it has been related regarding that from a prophetic tradition of Ibn Umar that a man once asked the

Prophet, may Allah bless him and grant him peace about the night prayers and he said: ‘The prayers of the night should

be two rakàts each. But when one of you fears missing the subh prayer, then praying a single rakaàt will suffice him

for what he would have prayed’…It was also established from the prophetic tradition of Aìsha that she once said

describing the voluntary prayers of the Messenger of Allah, may Allah bless him and grant him peace: ‘He once prayed

four rakàts, and do not even ask about how excellent they were performed or how long they were. Then he prayed

another four rakàts, and again do not even ask about how excellent they were performed or how long they were. He

then prayed three rakàts. I then said to him: “O Messenger of Allah will you sleep before you pray the witr prayer?” He

said: “O Aìsha, even when my two eyes are sleep, my heart does not sleep.’…Also there are those who take from the

apparent expressions of these prophetic tradition the permissibility of making superogatory prayers with four rakàts

and three, without separating between them with the salaams. The majority of the scholars uphold the view that it is not

permissible to make superogatory prayers with just a single rakaàt.” 226 The meaning of her words: “The Messenger of Allah, may Allah bless him and grant him peace, prayed two rakàts

before fajr prayer”; is that prayer performed between the call to prayer (adhaan) and the iqaama, as it was related in

another narration. What is meant here by the fajr is the prayer of subh. The meaning of her words: “…and he did it so

On What Has Been Related Regarding the Duha Prayer227

It has been related in the Saheeh of Muslim on the authority of Muàdha al-Àdawiyya,228

who asked Aìsha: “How many rakàts did the Messenger of Allah, may Allah bless him and grant

lightly”; is that there is some disagreement regarding the judgment of lightly. It is said it was done this way in order to

embark on performing the prayer of subh in the first part of its time. It is in accordance with this judgment that al-

Qurtubi decided. It is said it was done this way in order to open up for the prayer of the day with two lightly performed

rakàts, as he did with the night prayers, in order to enter into the obligations; or what resembles that from spiritual

bounty with sprightliness and complete preparation. Likewise Muslim transmitted a narration from Yahya ibn Abu

Kathir on the authority of Abu Salma: “He prayed two light rakàts between the call to prayer and the iqaama of the

prayer of subh.” The meaning of her words: “…that I said (to myself): ‘Did he even read the Umm’l-Qur’an in it?”; is

that it constitute evidence for those who hold the view that there is no recitation during the two rakàts of the fajr

prayer. Al-Qurtubi said: “The meaning of this is not that she entertained doubt regarding whether he, may Allah bless

him and grant him peace actually recited the Faatiha. What it means is that he was normally extensively long in his

superogatory night prayers. Thus, when he was light in the recitation of the two rakàts of fajr, it seemed as if he did not

recite anything in comparison to the other prayers performed at night. He designating the Umm’l-Qur’an for mentioning

is an indication of his persistence in reciting it over other chapters of the Qu’ran during his prayers.” It has been related

by Ibn Maja on the authority of Aìsha who said: “The Messenger of Allah, may Allah bless him and grant him peace

used to pray two rakàts before the fajr and would say: ‘Indeed, the two chapters which should be read in the two

rakàts of fajr are: ‘Say, O you disbeliever…’ and ‘Say, He Allah is One’. Ibn Abi Shayba narrated a prophetic tradition

on the authority of Aìsha who said: “He used to recite them in it.” However, the prophetic tradition which the Shehu

cited gives evidence that he did not recite anything in the fajr in addition to the Umm ‘l-Qur’an, which is the opinion of

Malik. It states in the al-Bayuuti on the authority of as-Shafi`: “It is highly recommended to recite the two above

mentioned Qur’anic chapters in the two rakàts before subh along with Fatiha, acting in accordance with the above

mentioned prophetic tradition. This is the opinion of the majority of the scholars. They say that the meaning of the

statement of Aìsha: ‘…did he recite in them with the Umm ‘l-Qur’an?’ is that he either restricted his recitation to it or

he incorporated other than it. This was due to the speed with which he recited them, because it was normally his custom

to recite the chapters in a measured fashion until he made them very long.” As for the merits of the two rakàts of fajr

Allah taàla says: “And glorify with the praises of your Lord at the time you rise, and in the nights. Then glorify Him at

the flight of the stars.” It has been related by al-Khateeb in his at-Tarikh on the authority of Ibn Abass who said that the

Messenger of Allah, may Allah bless him and grant him peace said: “’The flight of the stars’ are the two rakàts before

fajr.” There has been narrated many prophetic tradition from the Messenger of Allah, may Allah bless him and grant

him peace regarding this what was related by at-Tabarani in his al-Kabeer on the authority of Abu Amaama that he

upon him be blessings and peace said: “Whoever makes ablution, then goes to the masjid, prays the two rakàts before

fajr, and then sits until the fajr prayer is prayed, his prayer that day will be recorded among the prayer of the righteous,

and he will be recorded among the delegates of the All Compassionate One.” In it also on the authority of Ibn Umar

who said that the Messenger of Allah, may Allah bless him and grant him peace said: “Necessary for you are the two

rakàts of fajr, for verily n them is spiritual bounty.” In it also on his authority also who said that the Messenger of

Allah, may Allah bless him and grant him peace said: “Do not forsake the two rakàts which come before the fajr

prayer, for in them are all things aspired for.” Among them as well is what was related by Muslim on the authority of

Aìsha who said that the Messenger of Allah, may Allah bless him and grant him peace said: “The two rakàts of fajr is

better than this world and all that is in it.” Among them is what was related by the two Shaykhs on the authority of Abu

Saìd al-Khudri who said that the Messenger of Allah, may Allah bless him and grant him peace said: “Verily Allah

azza wa jalla increases your prayers with a prayer which is better than red sulfur. Indeed it is the two rakàts before the

fajr prayer.” Among them is what was related by al-Bayhaqi on the authority of Abu Hurayra who said that the

Messenger of Allah, may Allah bless him and grant him peace said: “No one preserves the two rakàts of fajr except the

one repentant.” And many other than these from the prophetic traditions narrated regarding the merits of the two rakàts

of fajr. 227 The meaning of the term duha (forenoon) as it was stated in the al-Qamuus: “Is the rising of the day.” It also said:

“When midday nearly approaches.” It also said regarding its proper time: “It is when the sun in the east is in the same

position in the sky that it is in the west at the time of àsr.” It has been related by al-Haakim in his al-Mustadrak on the

authority of Abu Hurayra who said that the Messenger of Allah, may Allah bless him and grant him peace said: “No one

preserves the prayer of forenoon except the repentant.” In another narration: “It is the prayer of those truly repentant.” 228 See footnote # 114 regarding her concise biography.

him peace, do in the duha prayer?” She said: “Four rakaàts, but he would exceed that if he

wished.”229

In the Saheeh of al-Bukhari and Muslim in the prophetic tradition of Umm Haani:230 “He,

may Allah bless him and grant him peace, used to pray the forenoon prayer with eight231 rakàts.”232

229 The actual meaning of her words: “Four rakàts”; is that it has been related that he performed less than that, like

what was related he upon him be blessings and peace prayed the forenoon prayer with two rakàts as narrated in the

prophetic tradition of Ibn Abi Awfa that the Prophet, may Allah bless him and grant him peace prayed the forenoon

prayer with two rakàts, as it was related by Ibn Àdiy. Likewise in the Saheeh from the prophetic tradition of Utban,

at-Tabarani and Ibn Àdiy on the authority of Ibn Abi Awfa. The evidence also in the narration of al-Bukhari on the

authority of Anas ibn Malik that his grandmother, Mulayka once invited the Messenger of Allah, may Allah bless him

and grant him peace to a meal which she herself cooked for him. He came and ate from it, and then said: “Stand and I

will pray with you.” Anas then said: “I then stood and took a straw mat of ours which had become blackened from much

usage. I then sprinkled water on it. Then the Messenger of Allah, may Allah bless him and grant him peace stood, lined

me up with him, the orphan behind him and the elderly woman behind us. The Messenger of Allah,’ may Allah bless

him and grant him peace then prayed two rakàts with us and then left.” This prophetic tradition was also narrated by

Malik in his transmission regarding the forenoon prayer. It has been narrated by al-Haakim by way of Abu l-Khayr on

the authority of Ùtba ibn Àamir who said: “The Messenger of Allah, may Allah bless him and grant him peace ordered

us to pray the forenoon and recite in it the chapters: ‘By the sun and its brightness’ and ‘ad-Duhaa’.” The meaning of

her words: “…but he would exceed that if he wished” is what an-Nawwawi said in his ar-Rawda: “The best of the

forenoon prayer is that it be prayed with eight, while the most that it should be prayed is twelve.” The proof of it being

twelve rakàts is in the prophetic tradition of Anas going back to the him upon him be blessings and peace: “Whoever

prays twelve rakàts for the forenoon prayer Allah will build for him a palace in Paradise.” This was narrated by at-

Tirmidhi, who said that it was extraneous (ghareeb). However, the soundness of the all that was related regarding the

number of the rakàts was related by at-Tabarani from a prophetic tradition of Abu’d-Darda going back to him upon

him be blessings and peace: “Whoever prays two rakàts for the forenoon prayer, will not be recorded among the

heedless. Whoever prays four rakàts for it will be recorded among the repentant. Whoever prays six rakàts for it will

suffice him for that entire day. Whoever prays eight rakàts will be recorded among the devout worshippers. Whoever

prays twelve rakàts for it, Allah will build for him a House in Paradise.” However, the chain of the authority of this

narration is weak. Some of the people hold the opinion, among them being Abu Jaàfar at-Tabari, and was corroborated

by al-Haleemi and ar-Rawayaani from among the followers of as-Shafi` that there is no limit to most that can be prayed

for the forenoon prayer. It has been related by way of Ibrahim an-Nakhai` who said: “A man once asked al-Aswad ibn

Yazid: ‘How many rakàts should be prayed for the forenoon prayer?’ He said: ‘Whatever you like’.” However, it has

been related in one of the narrations of al-Bukhari on the authority of Umm Haani that the most which should be prayed

for the forenoon prayer is eight rakàts, as what will follow. 230 She was the spiritual master, Umm Haani, Fakheeta bint Abu Talib Abdumanaf, the paternal uncle of the Prophet,

may Allah bless him and grant him peace, the son of Abd’l-Muttalib Shayba ibn Hashim al-Hashimiyya al-Mekiyya.

She was the sister of Ali and Ja`far. He collection of prophetic traditions reached 46, among which one was related by

the two Shaykhs. Umm Haani lived until after the year 50 A.H. 231 Here ends facsimile 23 of the Arabic manuscript. 232 This prophetic tradition is the soundest that has been transmitted regarding the number of the rakàts to be

performed for the forenoon prayer and it proves that the forenoon prayer is established as a Sunna. It has been related by

Ibn Abd’l-Barr in his at-Tamheed by way of Ìkrama ibn Khalid on the authority of Umm Haani who said: “When the

Messenger of Allah, may Allah bless him and grant him peace came to Mecca he prayed eight rakàts. I then said:

‘What is this?’ He said: ‘This is the forenoon prayer’.” This gives evidence that the most that should be prayed for the

forenoon prayer is eight rakàts. I will explain the meaning this in the prophetic tradition transmitted regarding travel,

Allah taàla willing. As for what is recited during the forenoon prayer, it has been transmitted by al-Haakim on the

authority of Ùqba ibn Àamir as we mentioned previously that one should recite “By the sun and its brightness” and

“By the forenoon”. It has been transmitted by Waziri Abd’l-Qaadir ibn Gidadu in his al-Muwaahib’r-Rabbaaniyya

regarding the methodology of the Shehu, may Allah taàla be merciful to him in praying the forenoon prayer; where he

said: “At forenoon you should pray two rakàts, reciting in the first rakàt the Faatiha and ‘By the sun and its

brightness’, and in the second part the Faatiha and ‘By the forenoon’. Then say after the salaams from them: ‘O

Illuminating! O Opener! Illuminate my heart with the light of Your gnosis. Open to me the gates of Your wisdom.

Spread upon me the treasures of Your mercy. Verily, You are Omnipotent over what You will’; ten times.” In the

On What Has Been Related Regarding the Four Rakàts Before Dhuhr Prayer

It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, may Allah be

pleased with her, that the Prophet, may Allah bless him and grant him peace, never neglected the

four rakàts before dhuhr prayer.”233

narration transmitted by Muhammad Bello in his Infaq’l-Maysuur he said: ‘O Illuminating! O Opener! Illuminate my

heart with the light of Your gnosis. Preserve for me the doors of Your wisdom. Spread upon me the treasures of Your

mercy. Verily, You have power over all things’; ten times.” 233 Ad-Dawudi said: “In the prophetic tradition of Ibn Umar it states: ‘There are two rakàts before the dhuhr’.

Sometimes he would pray then with two rakàts and sometimes he would pray them with four.” It is said that this is

interpolated based upon whether he was in the masjid, where he would pray two rakàts or if he was in his home where

he would pray four. It is also conceivable that he would pray two rakàts in his home and then leave for the masjid and

pray two rakàts there. And thus, Ibn Umar only saw what he performed in the masjid, and not his home; while Aìsha

was aware of both matters. What corroborates the first interpolation is what Ahmad and Abu Dawud transmitted in a

prophetic tradition of Aìsha who said: “He used to pray four rakàts in his home before the dhuhr then depart (for the

mosque).” Abu Ja`far at-Tabari said: “Four rakàts is what he did in most of his circumstances, while he performed in

only two takàts rarely.” As for the merits of the four rakàts before dhuhr it has been related by Ibn Jareer on the

authority of Abdallah ibn Masùd who said: “There is nothing from the voluntary acts done during the day that is equal

to the night prayers, except these four rakàts performed before dhuhr. Verily they are recompensed equal to the that of

the night prayers.” In a narration from Ibn al-Mubarak on the authority of Humayd ibn Abd’r-Rahman that Umar ibn al-

Khattab once said: “Whoever has missed his vigils of the night should pray them before the dhuhr, for they are equal to

the night prayers.”

On What Has Been Related Regarding the Two Rakàts to Be Done Before and After Dhuhr;

After Maghrib; After Ìsha; and Before Subha It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said: “I

preserved from the Prophet, may Allah bless him and grant him peace, ten rakàts: two rakàts

before dhuhr prayer; two rakàts after it; two rakàts after maghrib prayer in his home; two rakàts

after ìsha in his home; and two rakàts before subha prayer.”234

I have not come across the evidence of four rakàts before the àsr prayer in the two

Saheeh collections. However it has been related by an-Nisaai’235 from a tradition on Ali ibn Abi

Taalib, may Allah ennoble his face.236

234 The meaning of his words: “I preserved from the Prophet, may Allah bless him and grant him peace”; is a clear

expression that it was transmitted to him from the Prophet, may Allah bless him and grant him peace directly without

any intermediate. The meaning of his words: “…ten rakàts: two rakàts before dhuhr prayer’; is that the interpolation is

very broad. The first being, that it comprises two circumstances: sometimes he prayed two rakàts and sometimes he

prayed four. It is also said that it is determined by the fact that he would restrict them to two rakàts when in the masjid

and in his home he would pray four. And as we mentioned previously, it is also conceivable that he prayed two rakàts

while in his home, and then departed for the masjid, where he would then pray two rakàts. Under these circumstances

Ibn Umar only saw what he had done while in the masjid; while Aìsha was aware of both circumstances. The meaning

of his words: “…two rakàts after it”; is as it is stated in the narration of Ali who said: “The Prophet, may Allah bless

him and grant him peace used to pray four rakàts before dhuhr and after it he prayed two rakàts.” The meaning of his

words: “…two rakàts after maghrib prayer in his home”; is that the evidence for that is in the prophetic tradition of

Mahmud ibn Labeed, that the two rakàts after Maghrib are the prayers of the home. In the Musnad of Imam Ahmad on

the authority of Mahmud ibn Labeed, the brother of the Banu Abd’l-Ash’hal said: “Once the Messenger of Allah, may

Allah bless him and grant him peace and prayed the Maghrib in our masjid. When he made the salaams from it, he said:

‘You should perform these two rakàts in your homes as extra act of glorification after maghrib’.” It has been related by

Abu Dawud in his Sunnan on the authority of Ibn Abass who said: “The Messenger of Allah, may Allah bless him and

grant him peace used to elongate his recitation after the Maghrib until the people of the masjid had all dispersed.” In

this prophetic tradition also is evidence that the Prophet, may Allah bless him and grant him peace used to pray the two

rakàts after the Maghrib in the masjid. The way of conjoining these seemingly divergent prophetic traditions is that it

means that it is permissible to perform the two rakàts after Maghrib in the masjid. However the foremost and best

manner is to pray them in the home, and Allah taàla knows best. The meaning of his words: “…two rakàts after ìsha

in his home”; is that as it states explicitly that both the superogatory prayers of Maghrib and isha were done in his

home. This gives evidence that the performing of superogatory prayers of the night in the home is better that in the

masjid, in contrasts to the vigils of the day. The meaning of his words: “…and two rakàts before subha prayer”; is a

clear reference to the two rakàts of fajr. 235 He was Abu Abd’r-Rahman Ahmad ibn Shuàyb ibn Ali ibn Sinan ibn Bahr an-Nisaai’ al-Khurasani. He was

Shaykh al-Islam, the famous traditionist and author of the as-Sunnan. He was born in the year 215 A.H. He was a sea of

knowledge in the sciences with comprehension, meticulousness and deep insight into the science of the narrators and

proficient in the composing of beneficial text. He excelled all others in the seeking of knowledge in the land of

Khurasan, the Hijaz, Egypt, Iraq, the Arabian peninsular, Syria, and even in the military garrisons. He then settled in

Egypt where traditionists journeyed to him from all over the world, because there no longer remained anyone equal to

him in the issue of the science of prophetic traditions. In his time he was the most knowledgeable of the scholars in

Egypt in the science of jurisprudence. He was also the most learned of them in the science of prophetic traditions and

the science of the men of transmission. His face remained radiant even during his advanced years. He gave preference to

utilizing the prophetic kohl on his eyes and wearing the color green. He died in Palestine on Monday, on the 13th

of

Safar in the year 303 A.H. 236 He was Amir’l-Mu’mineen Abu’l-Hassan Ali ibn Abi Talib ibn Abd’l-Muttalib Shaybat’l-Hamd ibn Haashim Àmr

ibn Abdumanaf al-Mughira ibn Qusay Zayd ibn Kilaab ibn Murra ibn Ka`b ibn Luway al-Qurayshi al-Haashimi. He

was the ultimate spiritual master and Imam. The mother of Ali ibn Abi Talib was Fatima bint Asad ibn Haashim ibn

Abdumanaf ibn Qusay. He was the paternal cousin of the Prophet, may Allah bless him and grant him peace, and was

the first male to accept Islam at the age of eight. He was raised in the home of the Messenger of Allah, may Allah bless

him and grant him peace and never parted from him. He was present in all the battles with the Prophet as his flag bearer

except in the battle of Tabuk. When he asked why he was ordered to stay in Medina, the Messenger of Allah, may Allah

bless him and grant him peace said: “Are you not content that your place with me is like the place of Harun with

On What Has Been Related Regarding Standing in Prayer During the Night237

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abaas, who said: “The

Prophet, may Allah bless him and grant him peace used to pray thirteen rakàts”; meaning by that

during the night.238

Musa?” He was the husband of the leader of the women of Paradise, Fatima bint Muhammad, the Messenger of Allah,

may Allah bless him and grant him peace, with whom he fathered al-Hassan, al-Husayn (the two leaders of the youth of

Paradise), Zaynab, Umm Kulthum and Mushin (who died young). He also fathered Muhammad al-Hanifiya, Umar al-

Abass and nine other children after the death of Fatima. When the Messenger of Allah, may Allah bless him and grant

him peace made brotherhood pacts between the Companions he said to Ali: “You are my brother in this life and the

Next.” Not one of the Companions attained the virtues that Ali attained. He was reknown for his bravery, fearlessness

and prowess on the battlefield. Abu Ja`far Muhammad al-Baaqir ibn Ali was asked about the description of Ali and he

said: “He was extremely dark skinned, he had a sturdy body and his height was middling.” He was assassinated in Kufa

by the worst of people Abd’r-Rahman ibn Muljam, may Allah curse him, on the 23rd

night of Friday in the month of

Ramadhan in the year 40 A.H. at age of 63. His khilaafa was five years short of two months. The words: “I have not

come across the evidence of…” to the end is from the words of the Shehu, may the mercy of Allah be with him. For

everything that he transmitted in this book was from the two Saheeh collections, except two citations. This particular

prophetic tradition is from the narration of an-Nisaai’; while the second one is from the narrations of at-Tirmidhi, as we

will mention. As for the narration of an-Nisaai’ it was related on the authority of Àasim ibn Damra who said: “I once

asked Ali about the prayer of the Messenger of Allah, may Allah bless him and grant him peace and he said: ‘Who of

you can endure it?’ We then said: ‘Even if we cannot endure it, let us hear of it.’ He then said: ‘When the sun was here

(at forenoon) like its aspect here at the time of àsr he would pray two rakàts. When the sun was here to here during the

aspect of dhuhr he would pray four rakàts, and then pray four before dhuhr and two after it. He would pray before àsr

prayer four rakàts, separating between every two rakàts with the salaams to the Angels, those who have drawn near to

Allah, the Prophets, and those who follow them from the believers and Muslims’.” 237 It is the unanimous agreement of the scholars, except an extremely obscure group among the previous scholars that

the night prayers are not an obligation upon the Umma. They, however, disagree, whether the night prayers are among

the specific designated acts of the Prophet, may Allah bless him and grant him peace. Its commencement was

established by His words, azza wa jalla: “And during the night make tahajjud as a superogatory act for you.” 238 That is to say he would pray these as superogatory prayers. The phrase: “…meaning by that during the night” is

from the words of al-Bukhari himself which he said as an explanation; which meant that he upon him be blessings and

peace prayed these at night. This was explicitly stated in the narration of at-Tirmishi on the authority of Ibn Abass who

said: “The Prophet, may Allah bless him and grant him peace used to pray during the night thirteen rakàts.” The jurists

differ regarding the exact number of the night prayers. It is said that they are thirteen rakàts only, which is the opinion

of the majority of the scholars. They take as their evidence the narration of Muslim in the prophetic tradition of Ibn

Abass: “The prayers of the Messenger of Allah, may Allah bless him and grant him peace were completed during the

night with thirteen rakàts, and he would then lie down.” It is clear that included among these was the witr prayer as it

was stated explicitly in the narration of Muhammad ibn Nasr on the authority of Ibn Abass where he mentioned: “He

would then stand and pray two rakàts; then two rakàts, then two rakàts, then two rakàts, then two rakàts, then two

rakàts and then pray a single odd rakàt.” In the narration of Zayd ibn Khalid al-Juhni: “Then the Messenger of Allah,

may Allah bless him and grant him peace would pray two light rakàts, then he would pray two exceedingly long

rakàts. He would then pray two rakàts which were less in length than the previous two. He would then pray two

rakàts which were less in length than the previous two. He would then pray two rakàts which were less in length than

the previous two. He would then pray two rakàts which were less in length than the previous two. He would then make

a single odd rakàt which made it thirteen rakàts in all.” These prophetic traditions are legal evidence for those among

the majority of the jurists who say that the number of the rakàts of the night prayers should be thirteen.

In it also239 on the authority of Aìsha, may Allah be pleased with her who said: “The

Prophet, may Allah bless him and grant him peace used to pray during the night thirteen rakàts

included among these were the witr and the two rakàts after fajr.”240

239 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Standing in Prayer During

the Night. 240 That is to say, all the rakàts which he prayed during the night. Thus, it is said that the number of the rakàts of the

night prayers are eleven, while the witr prayer and the two rakàts of fajr are added to them; as it was related in the

narration of al-Bukhari on the above cited prophetic tradition of Aìsha. However, it is also said that the number of its

rakàts are ten accompanied with a single rakàt of witr, as it was related in another narration: “He would pray during

the night eleven rakàts making one of them a single odd rakàt.” In this regard it has been related in a narration of

Muslim: “His prayers were ten rakàts. He would then make a single odd prostration, and then perform the two rakàts

of fajr. These in all were thirteen rakàts.” As for the answer she gave to Masruq, it was that it occurred for him on

different times. Sometimes he would pray seven, sometimes, nine, and sometimes eleven. As for the merits of standing

praying in the night, it has been related by at-Tabarani on the authority of Abdallah ibn Masùd who said that the

Messenger of Allah, may Allah bless him and grant him peace said: “The superiority of the night prayers over the prays

performed in the day is like the superiority of the charity given secretly over charity given openly.” In a narration of

Àmr ibn Àbasa: “The night prayers are two rakàts each, and the wee hours of the night is a time when supplications

are most answered.” Ad-Daylami related on the authority of Ibn Umar who said that the Prophet, may Allah bless him

and grant him peace said: “It is necessary for you to perform the night prayers, even if only a single rakàt. Verily the

night prayers wipe away sins, extinguish the fire of the Anger of the Lord, tabarraka wa taàla and wards off the heat of

the Fire from the people on the Day of Judgment. Know that the most hated of creatures to Allah are three: a man who

sleeps too much during the say, and does not pray anything during the nights; a man who eats too much and does not

mention the name of Allah over his meals nor praise Him; and a man who laughs too much without amazement, for

indeed too much laughter kills the heart, and induces poverty.” In a narration of Abd’r-Razaaq in his al-Jaami` on the

authority of Ali ibn Abi Talib in which it states: “The best part of the night is the wee hours of the night. Then prayers

are accepted until the fajr prayer.” In all of this is evidence of the superiority of the night prayers, especially during the

second half of the night. Among its courtesies is to begin by using the tooth brush, which in fact is highly recommended

to use with each ablution and at the beginning of each prayer. He should recite the last part of the chapter Aali Ìmraan

when standing to perform the night prayers. It is also highly recommended to wash the face and the two hands when he

desires to sleep, if he is in a state of minor impurity. The Shehu, may the mercy of Allah be upon him transmitted his

methodology in standing during the nights in his as-Salaasil’l-Qaadiriyya where he said: “You should pray during the

wee hours of the night two rakàts of tahajjud, reciting in the first of them the Faatiha and ‘Say: O you disbelievers’,

and in the second of them Faatiha and ‘Say: He is Allah, the One’. You should say during the prostrations of both of

them: ‘O Allah be merciful to me in my humility and humbling myself to You. Make my solitude with You be a source

of intimacy. Be merciful to me with Your mercy. O Generous One! Indeed You have power over all things’. You should

then send blessings upon the Prophet, may Allah bless him and grant him peace, one hundred times after these two

rakàts like what was stated previously”; this means in accordance with the expression: “O Allah send blessings upon

our master Muhammad and upon the family of our master Muhammad and grant them peace.” Muhammad Bello

transmitted the litany of the Shehu, may Allah taàla be merciful to both of them, in his Infaq’l-Maysuur where he said:

““You should pray during the wee hours of the night two rakàts of tahajjud, reciting in the first of them the Faatiha

and the chapter al-Kahf and in the second of them Faatiha and the chapter ad-Dukhaan; or chapter YaaSeen in the first

and the chapter al-Mulk in the second; or ‘Say: O you disbelievers’ in the first, and ‘Say: He is Allah, the One’ in the

second, based upon one’s memorization and the extent of the time. You should say during the prostrations of both of

them: ‘O Allah be merciful to me in my humility and humbling myself to You. Make my solitude with You be a source

of intimacy. Be merciful to me with Your mercy. O Generous One! Indeed You have power over all things’. You should

then send blessings upon the Prophet, may Allah bless him and grant him peace, one hundred times after these two

rakàts.”

On What Has Been Related Regarding the Witr Prayer241

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said: “The

Prophet, may Allah bless him and grant him peace, used to pray during the night two rakàts then

two rakàts, continuously. He would then pray a single odd rakàt.”242

In it also243 on the authority of Ibn Umar, that the Prophet, may Allah bless him and grant

him peace, said: “Make244 your final prayer during the night witr.”245

241 The etymological root of the word witr (uneven) is from solitary (fard) or it means that which is not even in its

enumeration. In the prophetic tradition: “Verily Allah is Solitary and He loves that which is solitary, so make your

prayers solitary on People of the Qur’an.” Its meaning according to the sharià is to make something singular or to

make it an odd number as it states in the prophetic tradition: “When you utilize dry stone, then use an odd number.”

This means to make the stones which you use to purify your private parts odd, which is to us three stones, five or seven,

and do not you an even number; as we previously mentioned in the Book of Purification. Thus, the meaning here by the

phrase the prayer of witr is the one singular rakàt or that you pray it with three rakàts, five or other than that from a

number which is not even. The jurists disagree regarding the witr in five distinct situations: in its legal judgment; in its

description; in its time; in whether the qanuut supplication is made in it; and whether it can be performed while

mounted. As for its legal judgment there are two opinions. The first is that of Malik, as-Shafi` and the majority of the

scholars, which is that there are only five obligatory prescribed prayers. The second is that of Abu Hanifa and his

companions, which is that the witr is obligatory along with the five prescribed prayers. As for its description, for Malik,

may Allah be merciful to him, made it highly recommended to perform the witr with three rakàts where you separate

between two rakàts and the one with the salaams. Abu Hanifa said: “The witr is performed with three rakàts without

separating between them with the salaams.” As-Shafi` said: “The witr is a single rakàt.” Each of the above opinions

have their evidence from the words of the early community from the Companions and the Taabiùun. Our evidence for

this is in what was related by Abu Dawud on the authority of Ayuub al-Ansari that he upon him be blessings and peace

said: “The witr is the right of every Muslim. So whoever wishes to perform the witr, he should do it with five rakàts.

Whoever desires to perform the witr with three rakàts, should do so. Whoever desired to perform the witr with a single

rakàt, should do so.” As for Malik, he took as his evidence in this issue from the fact that he upon him be blessings and

peace never performed the witr except that he did it after making an even number of rakàts. He asserted that this was

from the Sunna of the witr, and that the least number of the even numbered rakàts should be two. For the reality of the

witr with him is that it should be a single rakàt, but that it is conditioned by being preceded by an even number of

rakàts. He held the view that the witr which was ordered to be perform comprised both the even and odd number of

rakàts. Thus, if any addition was to be made to the even and odd rakàts, then all of them together would still be an odd

number. The evidence for this opinion in the Maliki madh’hab is the prophetic tradition of Abdallah ibn Qays who said:

“I once said to Aìsha: ‘How many did the Messenger of Allah, may Allah bless him and grant him peace pray during

the witr?’ She said: ‘He would make the witr with four rakàts and then three; with six rakàts and then three; with eight

rakàts and then three; or with ten rakàts and then three. But he never performed the witr with anything short of seven

rakàts in total, or more than thirteen rakàts in total’.” 242 As for the time of the witr, the scholars agree that its time is after the ìsha prayer up until just before the appearance

of the dawn, although this was transmitted from him upon him be blessings and peace from divergent paths of

transmission. They differ, however, on the permissibility of praying it after the fajr prayer. There are some people who

prohibit that, while others permitted it as long as he has not prayed the prescribed subh prayer. The first opinion was

held to by Abu Yusef and Muhammad ibn al-Hassan, the two students of Abu Hanifa, as well as Sufyan at-Thawri;

while the second opinion was held by as-Shafi`, Malik and Ahmad. 243 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Witr prayer. Al-Bukhari

transmitted this prophetic tradition on the authority of Naafi` on the authority of Abdallah ibn Umar on the authority of

the Prophet, may Allah bless him and grant him peace. 244 Here ends facsimile 24 of the Arabic manuscript. 245 This means that if a person performs the witr, then goes to sleep and then thereafter wishes to pray more rakàts,

where the odd prayers will be made even, he should then make whatever voluntary prayers he wishes and then pray an

odd rakàt, preserving his words: “Make your final prayer during the night witr”; or he can pray whatever voluntary

prayers he likes, which will not negate the witr he made. This will suffice in what was mentioned previously. The

answer to the choice of the second description is the evidence in the prophetic tradition: “When one of you makes the

witr in the first part of the night, there is no need to make it again in the end.” Al-Isma’ili added by way of Ghandur on

the authority of Sha`ba: “When one of you intends to perform the witr at the last part of the night, then there is no need

On What Has Been Related Regarding Ease in the Religion

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra that the

Prophet, may Allah bless him and grant him peace, said: “Verily the religion is easy and no one is

rigid in the religion except that he is overcome. Therefore, be moderate, come as close as possible

to what is correct, have the good news of acceptance, and seek assistance with something of

worship in the mornings, the late afternoon and something from the late evenings.”246

to perform it in the first part.” Ibn Abass was once asked about nullifying the witr prayer and he answered with a similar

answer. However, in this issue the early community disagreed, for Ibn Umar was from among those who held the

opinion that the witr was nullified by praying any rakàts after it. The soundest opinion with the followers of as-Shafi`

is that this does not nullify the witr, as it was stated in the prophetic tradition in the text. This is the opinion of the

followers of Malik as well. 246 The Shehu mentioned here the easiness of the religion as an exhortation to the servants to be intermediate in the

matter of the superogatory acts of worship. He said in his Najm’l-Ikhwaan: “As for what will clarify that the religion of

Allah is easy, Allah taàla says: ‘Allah desire ease for you He does not desire hardships for you.’ Further, Allah taàla

says: ‘And He has not made the religion as a source of difficulty for you’.” He then went on to mention after this the

following prophetic tradition. The meaning of his words, upon him be blessings and peace: “Verily the religion is easy”;

is because the religion is from among the tokens of the signs of prophethood. It is the opinion of the scholars of our time

and those of the people before them that investigating deeply into the religion has been discontinued. This, however

does not in anyway prevent seeking for perfection in one’s worship; because this is among the praiseworthy actions. On

the contrary, what is prohibited is the kind of excessiveness which leads eventually to indolence; or being so exorbitant

in performing voluntary acts of worship that one ends up neglecting that which is better; or causing a person to take an

obligation out of its proper time, like the one who spend the entire night praying, and then is overcome by sleep in the

latter part of the night and he misses praying the subh in congregation; or until to chosen time of the act of worship

lapses; or until the sun has risen, and the time of the obligation lapses. In a prophetic tradition related by Muhjan ibn al-

Adra` from Ahmad: “You will not be able to maintain this affair by being exorbitant, for the best of the religion is that

which is easiest.” The meaning of his words, upon him be blessings and peace: “…and no one is rigid in the religion

except that he is overcome”; is that no one delves deeply into performing religious actions and neglect being gentle on

himself, except that he will become incapable, eventually cease what he is doing and will be overcome. The meaning of

his words, upon him be blessings and peace: “Therefore, be moderate”; is to adhere to ‘the golden mean’ which is it the

correct courtesy, without being excessive or derelict. The linguists say: “The ‘golden mean’ is being intermediate in

one’s behavior and actions.” The meaning of his words, upon him be blessings and peace: “…come as close as possible

to what is correct”; is if you are unable to take on the most perfect aspects of the religion, then act in accordance with

what is close to it as possible. The meaning of his words, upon him be blessings and peace: “…have the good news of

acceptance”; is always believe that you have attained the recompense you good deeds even if they are a little. What is

meant by ‘glad tidings’ in this context is that whoever is unable to act in accordance with the most perfect aspects of his

religion, due to his innate inability to perform it, does not necessitate the loss of his reward. On the contrary he should

have the good news of the reward from Allah simply out glorification, esteem and exaltation of Allah. The meaning of

his words, upon him be blessings and peace: “…and seek assistance with something of worship in mornings”; is to seek

help by being persistent in acts of worship by performing them during vital times of the day. The phrase, ‘mornings’

(ghudwa) means the progress of the beginning of the day. Al-Jawhari said: “It is the time between the prayer of the

early morning and the rising of the sun.” The meaning of his words, upon him be blessings and peace: “…late after

noon” is that the phrase ‘late afternoon’ (rawha) is the progress of the day after the sun begins to descend from its

zenith. The meaning of his words, upon him be blessings and peace: “…and something from the late evenings”; is that

the phrase ‘late evenings’ (dujla) is the actual progress of the late night. It is said that it means the progress of the entire

night, it is for this reason that he, upon him be blessings and peace qualified it by mentioning a part or some of it. This

is because the actions performed at night or more difficult than those actions performed during the day. Metaphorically,

these times are the best times for the one traveling. It is as if he, may Allah bless him and grant him peace is addressing

the one traveling to his spiritual goal, and advises him of the times best suited for its activity. This is because the

traveler if he travels continuously during the entire night and day will eventually be overcome with impotence and will

cease. However, when he journeys progressively during these vital times, it is possible for him to be persistent in it

without any difficulties.

On What Has Been Related Regarding the Most Beloved of the Religion to Allah


pleased with her, that the Prophet, may Allah bless him and grant him peace, entered upon her while

she was with a woman. He said: “Who is this?” She said: “It is so-and-so doing remembrance of

Allah from her prayer.” He then said: “What is this?! Stick to what is in your abilities. For by Allah!

Allah never become fed up until you become tired and fed-up. The most beloved of the religion to

Allah is that which is done continuously.”247

247 An explanation for her words: “It is so-and-so doing remembrance of Allah from her prayer” was made clearer in

what was related on the authority of al-Hassan ibn Sufyan in his Musnad on the authority of Aìsha who said: “There

was once a woman with me, who when she stood to leave, the Messenger of Allah, may Allah bless him and grant him

peace said: ‘Who is that, O Aìsha?’ I said: ‘O Messenger of Allah, this is so-and-so, she is among the most

worshipping of the women of Medina’.” The meaning of his words, upon him be blessings and peace: “What is this?!”;

is that the expression mah! in Arabic originally comes from the phrase: ‘maa hadhaa’ (What is this?) and is a form of

rebuke where part of the original phrase of the two words was discarded and they came to be one word. This reproach

was conceivably directed at Aìsha, and what was intended by that, was admonishing her for praising the woman as she

did. It is also conceivable that what was intended by the reproach was to prohibit the actions of the woman. It is for this

reason that a large group among the Imams took this prophetic tradition as a proof; saying: that it is reprehensible to

pray the whole of the night. The meaning of his words, upon him be blessings and peace: “Stick to what is in your

abilities”; is to be preoccupied with actions which are actually within ones ability to be persistent upon. The expression

has the legal implications of being a command in order to restrict people to what is bearable from worship. What is

understood from it is that it implies a prohibition against being pretentious regarding those things which one cannot

endure. Qadi Ìyad said: “It is conceivable that this judgment applies specifically to the night prayers. It is also

conceivable that it applies generally to all actions within the sharià.” His words, upon him be blessings and peace: “For

by Allah!”; is evidence that it is permissible to swear with out necessarily taking an oath. Swearing by Allah’s Name is

highly recommended when it is done in order to show esteem for an issue from the matters of the religion, to motivate

people to it, or to drive people away from that which will endanger them. The meaning of his words, upon him be

blessings and peace: “Allah never becomes fed up until you become tired and fed-up”; is that the expression ‘weariness’

(milaal) is when a thing becomes over burdensome and the soul as a result flees from it after having first been fond of it.

In reality, this attribute is impossible with regard to Allah taàla by unanimous agreement. Ibn Hibban said in his

Saheeh: “This is among those well known metaphorical expressions which the one being addressed is not prepared to

know its true objective except by means of interpolation.” This was Ibn Hibban’s approach to all allegorical

expressions. Al-Qurtubi said: “From the perspective of metaphor, Allah taàla ceasing His reward for the one who

ceases his actions is a form of ‘being fed up’. He utilized the figurative expression ‘being fed up’ by way of naming a

thing based upon the name of its causative factor.” Al-Huwari said: “It means that He does not stop His bounty from

reaching you until you actually become weary of asking Him and austere from desiring Him.” Others have said that it

means His rights to you regarding your obedience will not cease until your striving ceases. All of these interpolations

revolve around the phrase ‘hatta’ (until) which means the completion of a goal, and the meanings which emerge from

that. Some of the scholars diverge from this interpolation saying that the phrase ‘until’ has the meaning of ‘heen’ (time),

that is to say: “Allah does not become weary when you become weary”; or “He does not become weary, at the time you

become weary. Al-Maaziri said: “It is said that the phrase ‘hatta’ (until) here in this context has the meaning of the

particle of conjunction ‘waw’ (and). Thus, it means: ‘He does not become weary and you become weary’. Thus, he

negates weariness to Him while establishes weariness to them.” The meaning of his words, upon him be blessings and

peace: “The most beloved of the religion”; is as Qadi Abu Bakr ibn al-Àrabi said: “The meaning of love from Allah is

connected to the desire for Divine Reward; that is to say, the increase in good deeds makes the reward persists.” The

meaning of his words, upon him be blessings and peace: “…to Allah”; implies that whatever is most beloved to Allah is

also the most beloved to His Messenger. An-Nawwawi said: “By being persistent in few actions causes acts of

obedience to endure, such as the remembrance of Allah, being attentively watchful of Allah, sincerity to Allah, and

turning to Allah, in contrast to many actions done with difficulty. Until few actions done all the time increases and

exceeds exponentially those many actions done and then stopped.” The meaning of his words, upon him be blessings

and peace: “…is that which is done continuously”; is even when those actions done persistently are few. This refers to

those actions done constantly and customarily. In the narration of Muslim by way of Abu Salma on the authority of

Aìsha: “Verily the most beloved of actions to Allah is that which is done continuously even if it is little.” The reason

that it is something most beloved to Him is because the one who is constant in a thing is so only because there persists

On What Has Been Related Regarding the Travel Prayer248

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik, who said:

“We went out with the Prophet, may Allah bless him and grant him peace, from Medina to Mecca,

and the Prophet, may Allah bless him and grant him peace, prayed two rakàts repeatedly until we

returned to Medina.”249

for him Divine support and assistance from the presence of the Generous Benefactor. Thus, leaving an action after first

initiating it is like being rejected after having first arrived, or like the taking flight from a thing after first having

benefited from its bounty and recompense. It is for this reason there has been transmitted immense threat against the

person who memorized a verse from the Qur’an and then forgot it; when before his memorizing it there was no blame

on him. This implies that being persistent in doing good requires continued service. The one who keeps to the gate

every day for a small time is not like the one who keeps to it for a full day and then quits. Without doubt the one who

keeps to the gate every day for a time will eventually attain his goal and realize his objectives. For this reason remaining

constant in doing good goods even a few is better and more beloved to Allah taàla. 248 The prayer of travel has been established by the words of Allah ta`la: “And when you journey through the earth,

there is no harm upon you if you shorten your prayers.” The meaning of the person traveling is the one who journeys

for at least three days as Malik transmitted. This was also transmitted on the authority of Ibn Masùd, Uthman and

others. The scholars differ regarding the type of travel for which the prayer should be shortened. Some of them say that

the shortening of the prayer should be done only for those journeys by which a person draws near to Allah, such as the

pilgrimage, the lesser pilgrimage and military struggle. Among those who hold this view was Ahmad. Among them are

those who permit it to be done during lawful travel, and not traveling to commit an act of disobedience. This is the

opinion of Malik and as-Shafi`. There are those who permit it to be done during all forms of travel, whether traveling to

draw near to Allah, lawful travel or travel in order to commit an act of disobedience. Those who hold this view were

Abu Hanifa, and his companions, at-Thawri and Abu Thuur. The Shehu, may the mercy of Allah be upon him said in his

Mirat ‘t-Tullab: “It is mentioned in the Saheeh of al-Bukhari as well that Umar and Ibn Abass used to shorten their

prayers and break their fast when traveling four burud.” He, upon him be blessings and peace said: “Do not shorten

your prayers during a journey less than what is between Mecca and Gusfan, which is four burud.” This was related by

ad-Daruqutni and its soundness was verified by Ibn Khuzayma. In the Miftaah as-Sadaad the commentary upon the

Irshad ‘s-Saalik it states: “There is disagreement regarding the legal judgment of shortening the prayers during travel.

Ibn Umar said: ‘The true school of though is that it is a Sunna.’ Ibn Rushd said: ‘In the Maliki school of thought and all

of his companions it is a Sunna from the sunnan practices which is taken as a merit’.” He then said after some words:

“Ismaìl al-Qadi and Ibn al-Juhm both hold the same opinion of Ash’hab regarding the obligation of shortening the

prayer. This was transmitted by al-Lakhmiy on the authority of Suhnuun al-Maziri. Muhammad ibn Yunus also leaned

towards this opinion. Likewise, al-Qadi transmitted it on the authority of a large group of scholars from Bagdad. Al-

Abhari said: ‘It is highly recommended.’ Others said that it is permissible. There is unanimous agreement that

shortening the prayer only applies to the prayers of four rakàts, and that the subh and Maghrib prayers should not be

shortened.” 249 The meaning of his words: “We went out with the Prophet, may Allah bless him and grant him peace, from Medina

to Mecca”; is that they were heading to Mecca for the Farewell Pilgrimage. The Farewell Pilgrimage occurred in the

twelfth year of the hijra without doubt; and it was the last of his journeys. Then a little after his return to Medina within

three months he died, may the best blessings and most perfect peace be upon him. The meaning of his words: “…and

the Prophet, may Allah bless him and grant him peace, prayed two rakàts repeatedly”; is the prayers normally prayed

with four rakàts. This is explained clearer in the narration of al-Bayhaqi by way of Ali ibn Àasim on the authority of

Yahya ibn Abi Is’haq on the authority of Anas where he added: ‘…except during Maghrib.’ The meaning of his words:

“…until we returned to Medina”; from this phrase we can take it that when the one traveling enters a locale he should

shorten his prayers as long as he does not become resident in that place, or when he intends only to remain their four

days excluding the day he entered or leave the locale. In short, Malik’s opinion regarding the legal judgment of

shortening the prayer in the most prominent of the narrations from him is that it is Sunna; and that the prayer should be

shortened after four burud. As for a burud, it equals to 16 farsakh, and a single farsakh equals 3 miles; thus four burud

is equivalent to 48 miles. This is the distance of a days travel using a standard march. Malik also held the view of the

lawfulness of shortening the prayer during lawful travel, excluding traveling to commit an act of obedience. Regarding

the locale which a person could began shortening the prayer, he said: “He should not shorten the prayer when he desires

to travel until he leaves the last homes of his village, and it is not complete until he enters the first of the homes of his

village.” It has been narrated from him also that the person should shorten the prayers when the village he resides is one

On What Has Been Related Regarding Joining Two Prayers During Travel250

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abaas, who said: “The

Messenger of Allah, may Allah bless him and grant him peace, used to join the dhuhr and àsr

prayer when he was in the midst of travel; and he used to join the maghrib and ìsha prayers.”251

in which there is congregational masjid for jumuà, when he has left his village by three miles. This also indicates his

view in at least one of his two narrations, the furthest distance which made it obligatory for a person to pray the jumuà

when he lived outside the main populous of the city. Finally, regarding the time which it is permissible for the one

traveling to stay in a place and shorten his prayers, he said if a person traveling is resolved to stay four days in a place

he should complete the prayer. This is also the opinion of as-Shafi` and Ahmad. 250 Those who hold the view of the permissibility of joining the prayers agree that those that should be joined are those

which are performed while in actually traveling. They differ, however, in joining the prayers while domicile and in the

condition of the travel which permits it. There are some who make the actual travel the causative factor for the

permissibility of joining the prayers, regardless of what kind of travel or its description. Some condition the joining of

the prayers with actually being in the process of journeying, and with a trait from the categories of travel. As for those

who make being in the process of journeying a condition for joining the prayers, Malik is among them based upon the

narration of Ibn al-Qasim from him. It is that he said: “The traveler should not join the prayers except when he is in the

process of journeying.” As for joining the prayers while domicile without any valid reason, Malik and the majority of

the jurists do not permit this. 251 The meaning of his words: “The Messenger of Allah, may Allah bless him and grant him peace, used to join the

dhuhr and àsr prayer”; is that he would join them together at the time of the àsr prayer, based upon the evidence of

Muslim from a narration of Jaabir ibn Isma’il on the authority of Àqil: “He would postpone the dhuhr prayer until the

time of the àsr and then join them together. He would also postpone the maghrib prayer and join it with the ìsha

prayer when the twilight afterglow had set.” Also with Muslim from a narration of Shababa on the authority of Àqil:

“…until the first part of the time of àsr began, then he would join between the two prayers.” The meaning of his words:

“…when he was in the midst of travel”; is that the expression ‘dhahr’ (midst – literally ‘back’) occurs here in order to

expand the meaning of his words; as if to say that journeying is dependent upon having a strong back for walking fast.

The phrase dhahr (midst or back) is used to express journeying because the mounted traveler remains so as long as he is

in the midst of the journey, as if riding on the back of his mount. All of this gives evidence of the permissibility of

joining the postponed prayer to the latter prayer. The meaning of his words: “…and he used to join the maghrib and

ìsha prayers”; is clearer in the narration of Abd’r-Razaaq on the authority of Muàmir on the authority of Ayyub and

Musa ibn Ùqba on the authority of Naafi`: “He would then postpone the maghrib prayer until the twilight afterglow

had subsided when the customary night wind had ceased.” This prophetic tradition proves that he, may Allah bless him

and grant him peace used to join together the dhuhr and àsr prayers in one of the two times, and joined together the

maghrib and ìsha in one of the two times. In summary, the scholars agree that at the stopping of Àrafa. That joining

together the dhuhr and àsr prayers during the time of dhuhr is Sunna; and that at Muzdalifa, the joining together of the

maghrib and ìsha prayers during the time of ìsha is also Sunna. The followers of Malik differ regarding the form of

joining the prayers during a journey. Some of them held the opinion that it was permissible to choose either postponing

the first prayer and praying it with the following prayer or to join them together at the beginning of the first prayer. This

was the opinion of Ibn ‘l-Qasim narrated from Malik, in that he said: “The one traveling should join the prayers except

when he is in the midst of journeying. Malik permitted the joining of the prayers when domicile with the excuse of

excessive rain during the night, but prohibited it during the day. He also permitted it to be done when the street roads

were extremely muddy and not raining during the night. Malik said it was lawful for the sick person to join the prayers

when he feared being overcome by impotence or when he suffered a sickness of the stomach.”

On What Has Been Related Regarding Avoiding Doing Superogatory Prayers During Travel,

Either Before or After the Obligatory Prayers It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said: “I

accompanied the Prophet, may Allah bless him252 and grant him peace, and I did not see him

glorifying Allah during travel.”253

252 Here ends facsimile 25 of the Arabic manuscript. 253 The meaning of his words: “I accompanied the Prophet, may Allah bless him and grant him peace”; means during

one of his journeys. The meaning of his words: “…and I did not see him glorifying Allah”; is that he did not see him

praying any superogatory prayers. Although, the reality of tasbeeh (glorification) refers specifically to saying: ‘Glory be

to Allah’, however when it is utilized unrestrictedly it applies to the prayer, taken from the principle of utilizing the

unrestricted name of a part to indicate the whole. Or it is a reference to the fact that the one praying by means of the

sincerity of his worship actually exalts Allah sub’hanahu wa taàla. The meaning of his words: “…during travel”; is

that during his journeys he did not perform any established superogatory acts which were normally performed before

the prescribed prayers or after them. This is taken from his words in another narration: “…he never exceeded two

rakàts during his travels.” Ibn Daqeeq’l-Èid said: “This expression implies that what he meant is that he did not

exceed in the number of the rakàts of the obligatory prayers. Thus, the referent applies to the negation of performance,

where his objective is to inform about the persistence of shortening the prayers. It is conceivable that what he intended

was not exceeding the prescribed prayers with anything from the superogatory acts. Or it is also conceivable that he

intended something more general than that.” Ibn Hajr al-Àsqalani said in his al-Fat’h: “What proves the previous

opinion is in what was related in a narration of Muslim from another direction in which it states: ‘I accompanied Ibn

Umar on the road to Mecca, and he prayed two rakàts for the dhuhr prayer. He then stood and we stood with him until

he came to his camel, and we sat with him. He then happened to turn around and saw some people standing and said:

‘What are they doing?’ I said: ‘They are praying.’ He then said: ‘If I wanted to pray extra prayers, I would have simply

completed the prescribed prayer’.” An-Nawwawi said regarding the words of Ibn Umar: “This is because the prescribed

prayer is incumbent and if completion of the prescribed prayers during travel were lawful, it would have been more

incumbent to complete them. As for the superogatory prayer it is to be done at the choice of the one praying. Thus, the

path of leniency in that is to take concessions in it and to do it based upon choice. Finally, what was meant by the words

of Ibn Umar: ‘If I wanted to pray extra prayers, I would have simply completed the prescribed prayer’, is if he had a

choice between completing the prescribed prayers or praying voluntary prayers, then completion of the prescribed

prayers would have been more beloved to him. Thus, what he understood by shortening the prayers was decreasing. For

this reason he did not pray voluntary prayers during travel, nor did he complete the prescribed prayers.” Ad-Daruqutni

transmitted a prophetic tradition by way of al-Hassan on the authority of Ìmraan ibn Hussein who said: “I did not recall

from the Prophet, may Allah bless him and grant him peace that he prayed Sunna prayers before and after the prescribed

prayers while traveling, except the Sunna prayer of fajr”; as it will be explained in the forthcoming section.

On What Has Been Related Regarding Praying Superogatory Prayers Other Than Before and

After the Obligatory Prayers254 It has been related in the Saheeh of al-Bukhari255 that, “The Prophet, may Allah bless him

and grant him peace, used to pray the two rakàts of fajr during travel.”256

Muslim narrated a prophetic tradition from Abu Qatada in which it said:257 “…he then

prayed two rakàts before the subh and then prayed subh. That was during travel.”258

In it also259 on the authority of Umm Haani, who mentioned: “On the day of the opening of

Mecca the Prophet, may Allah bless him and grant him peace, made ghusl in her home and prayed

eight rakàts. I did not see him pray prayers more moderate than them except that he completed

perfectly the bowing and prostration.”260

254 This is because the negation of performing the superogatory prayers during travel applies specifically to those Sunna

prayers normally performed after the prescribed prayer, and is not interpolated to mean those performed before the

prayer, nor is it connected to unspecified superogatory prayers, such as the prayers of tahajjud, the witr, the forenoon

prayer and others. The distinction between those Sunna prayers performed before the prescribed prayers and after them,

is that the voluntary prayers performed before are considered not to be apart of the prescribed prayers because they are

separated from them by the iqaama, in most cases by waiting on the Imam, and the like. This is in contrast to those

Sunna prayers performed after because in most cases they are connected to them, and considered to be apart of them; as

Ibn Hajr said. An-Nawwawi narrated: “The scholars differ regarding performing the superogatory prayers while

traveling in three distinct opinions: it is absolutely prohibited; it is absolutely permitted; and that there is distinction to

be made between the Sunna superogatory prayers and the unspecified superogatory prayers.” He also said: “What is

meant by unspecified superogatory prayers in this context is what was related by Abu Dawud and at-Tirmidhi from a

prophetic tradition of al-Bara’ ibn Àazib who said: ‘I traveled with the Prophet, may Allah bless him and grant him

peace eighteen times and I never saw him neglect the two rakàts before the dhuhr when the sun declined’.” 255 Al-Bukhari did not mention from whom this prophetic tradition was narrated, for this reason Shehu Uthman cited

after it the narration of Muslim on the authority of Qatada. 256 The commentary regarding this prophetic tradition will come when discussing the prophetic tradition related by

Muslim on the authority of Qatada. 257 That is to say, in the Saheeh of Muslim on the authority of Qatada regarding the narrative of the Prophet and the

Companions sleeping through the sub’h prayer in which it says: “…he then prayed two rakàts before the sub’h prayer,

then prayed the sub’h as you normally pray it.” 258 The meaning of his words: “That was during travel” gives evidence of the immensity of the two rakàts of fajr

because he upon him be blessings and peace never neglected doing it, even while traveling. It also establishes that these

two rakàts are Sunna and not obligatory, as the majority of the scholars uphold. In another narration from Muslim there

is a prophetic tradition which indicates this explicitly: “There were none among the superogatory prayers which were a

stronger convention than that of the two rakàts before subh”. With Muslims also is another prophetic tradition of Abu

Hurayra regarding this same story: “He then called for some water, performed the ablution, and then prayed two

prostrations, meaning two rakàts. Then the iqaama was made for the prayer, and he prayed the morning prayer.” In this

same story is a narration related by Ibn Khuzayma and ad-Daraqutni by way of Saìd ibn al-Musayyib on the authority

of Bilal: “He commanded Bilal to make the call to prayer. He then made the ablution, and prayed two rakàts. He then

prayed the morning prayer.” A similar narration was related by ad-Daraqutni by way of al-Hassan on the authority of

Ìmraan ibn Hussein. 259 That is to say, regarding the superogatory prayers during travel or in the Saheeh of Muslim, and that was also

narrated by al-Bukhari. 260 The meaning of her words: “On the day of the opening of Mecca the Prophet, may Allah bless him and grant him

peace, made ghusl in her home”; is that the place where the actual bath took place was in the home of Umm Haani. In

another narration she said: “He entered her home on the Day of the Opening of Mecca, and took a bath and prayed…”.

The meaning of her words: “…and prayed eight rakàts”; is that these prayers were the duha prayer, as it was stated

explicitly in the narration of al-Bukhari on the authority of Umm Haani who said: “When the Messenger of Allah, may

Allah bless him and grant him peace arrived in Mecca, he prayed eight rakàts. I then said to him: ‘What is that?’ He

said: ‘This is the prayer of duha’.” This is evidence that the most that the duha should be is eight rakàts. In a narration

from Ibn Khuzayma: “He made the salaams after every two rakàts.” The meaning of her words: “I did not see him

pray prayers more moderate than them”; is made clearer by another narration: “I did not see any prayer lighter than

In it also261 on the authority of Ibn Umar, who said: “The Messenger of Allah, may Allah

bless him and grant him peace, used to make glorification on the back of his mount facing any

direction, and he used to offer the witr prayer while on mount, but he never did the prescribed

obligatory prayers upon it.”262

them.” The meaning of her words: “…except that he completed perfectly the bowing and prostration”; is that the

bowing and the prostration were as long as the standing, or they were longer than it, as it was explicitly stated in the

narration of the above mentioned Abdallah ibn al-Haarith: “I do not know whether his standing in it or his bowing and

prostration in it was longer, because each were near in length.” This is evidence that it is highly recommended to

perform the duha prayer moderately. The citing of the prophetic tradition of Umm Haani is in order to clarify that being

reposed in the prayer during travel should resemble the circumstances of the prayer when domicile. 261 That is to say, it has been related regarding the superogatory prayers during travel or in the Saheeh of Muslim. 262 The meaning of his words: “The Messenger of Allah, may Allah bless him and grant him peace, used to make

glorification”; means that he prayed the superogatory prayers. The meaning of his words: “…on the back of his mount”;

is the mount of his camel which is appropriate for that because sometimes provisions are placed upon it. The meaning of

his words: “…facing any direction”; means in the direction in which he was traveling. The scholars said that if one faces

other than the direction of travel, then if it is towards the qibla, then it is permissible, if not then not. The meaning of his

words: “…and he used to offer the witr prayer while on mount”; in this is evidence for the school of thought of as-

Shafi`, Malik, Ahmad and the majority of the scholars that it is permissible to perform the witr while mounted during

travel in any direction the person is facing; and that it is a Sunna and not an obligation. Abu Hanifa, however said that

its is an obligation and that it is not permissible to pray it while mounted. The meaning of his words: “…but he never

did the prescribed prayers upon it”; refers to the obligatory prayers. In these three prophetic tradition are intimation that

the negation of performing voluntary prayers during travel applies specifically to those prayers performed after the

obligatory prayers; and does not apply to those voluntary prayers performed before the prescribed prayers. Nor is the

negation connected to those unrestricted superogatory prayers, such as the tahajjud, the witr, the duha and others as has

been mentioned. The difference between those performed before and after the prescribed prayers as we mentioned, is

that the voluntary prayers performed prior are not considered to be apart of them because they are separated by the

iqaama and in most cases by the waiting for the Imam and the like. This is unlike the voluntary prayers performed after,

for in most cases these are connected to them and are considered to be apart of them. An-Nawwawi said: “The scholars

disagree regarding the superogatory prayers during travel in three distinct opinions. It is absolutely prohibited. It is

absolutely permissible. There is a difference between the regulated Sunna prayers and the unrestricted voluntary

prayers. This is the opinion of Ibn Umar as it was mentioned in the above cited prophetic tradition.” Ibn Hajr said:

“There is negligence regarding a fourth view, and that there is a difference between those unrestricted voluntary prayers

performed at night and those performed during the day.” Here ends what he said and with its completion I end the

commentary upon the Book of the Superogatory Prayers, and success is with Allah. O Allah I ask You for every good

which Your knowledge encompenses in this world and the Next, and I seek refuge with You from every evil which

Your knowledge encompenses in the this world and the Next. O Allah give us success in following the Sunna of Your

prophet, Muhammad, may Allah bless him and grant him peace, outwardly and inwardly, by his rank that he has with

You.

Kitaab’l-Jumuà (The Book of the Friday Prayer)263

On What Has Been Related Regarding the Obligation of Jumuà Prayer264 It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said

that he heard the Messenger of Allah, may Allah bless him and grant him peace, say: “We will be

the last and the foremost on the Day of Judgment, although initially the former nations were given

the Books before us. This day (Friday) was their day in which Allah made worship obligatory upon

them. But they differed about it. So Allah guided us to it and all of the people are behind us in this

respect; the Jews’ day is tomorrow and the Christians’ is the day after tomorrow.”265

263 Jumu`à is the sixth consecutive day after Sunday. The expression jumuà (‘gathering’) is from the dialect of the

Banu Ùqayl. It is named that because it was the description of the day in which many people would congregate

together. The first human to call it jumuà was Luway, the great ancestor of our master, the Messenger of Allah, may

Allah bless him and grant him peace. Prior to this it was called al-ùruuba (‘it became Arabized’) because it was the day

in which Arabs would congregate together in the outlying area of Dar an-Nadwa. It has been related on the authority of

Ibn Abass, may Allah be pleased with them that he said: “This day is called jumuà because it was on this day that Allah

taàla gathered together the components for the creation of Adam.” Some of the people said that it was called jumuà in

Islam because it was the day that the people gathered in the masjid. The merits of this day is explained by his words,

may Allah bless him and grant him peace: “Verily Allah has made this day as a holiday for the Muslims.” The jurists

have made five conditions for its soundness: [1] a congregational masjid in which the people congregate; [2] a

community (jamaàt) of Muslims around which a village or city develops; [3] the sermon to which the people gather to

listen to the good advice regarding Allah; [4] the Imam behind which the people congregate and pray; and [5] being

resident, that is to say being domicile socially and not a traveler or stranger. The Shehu, may Allah be merciful to him

said in his Ùmdat’l-Bayaan: “The jumuà prayer is n individual obligation which has its principles and its exemptions

which permit one from being present at it. Its principles are five: [1] the existence of a mosque; [2] a jamaàt around

which a village has emerged; [3] the sermon; [4] the imam; and [5] being resident. As for the exemptions which permit

one to be absent from the jumuà prayer, they are: [1] intense rain; [2] being very muddy; [3] sickness; [4] taking care of

one who is ill; and [5] the fear of an oppressor. Traveling is forbidden at noon on jumuà for the one who is obligated to

attend jumuà. Likewise talking and performing superogatory acts of worship are forbidden while the Imam is giving

the sermon. Also buying and selling are forbidden once the second call to prayer has been made; although commercial

transactions are not valid if it happens.” 264 The Shehu, may the mercy of Allah be upon him said in his Mirat’t-Tullab: “I say: the scholars, may Allah be

pleased with them have disagreed whether the jumuà is an obligation to be done on that day, or is it merely a substitute

for the dhuhr prayer. As-Shabrakheeti said in his commentary upon the al-Mukhtasar: “The legal judgment of jumuà is

as Ibn Àrafa said, ‘It is two raka`ts which interdict the obligation of dhuhr prayer based upon the opinion that the two

raka`ts of jumuà rescind the obligation of dhuhr.” His saying –‘which interdict the obligation of dhuhr prayer based

upon the opinion’ means that it is an obligation to be done on that day. The opinion relied upon that dhuhr prayer is

merely a substitute for the jumuà is his saying – ‘the two raka`ts of jumuà rescind the obligation of dhuhr’ which

means that the jumuà is a substitute for the dhuhr prayer. This is the expressed view of Ibn Naafi` and Ibn Wahab,

however it is an obscure view. Imam al-Qiraafi said: “The opinion of the followers of Malik is that it is a distinct

obligation”; confirming the view of al-Faakihaani: “The prominent opinion (al-mash’huur) is that the jumuà is a

substitute of the dhuhr prayer in that it is not accepted except when there is a valid excuse not to perform the thing it is

being substituted for. The reality is that the jumuà is a substitute for the dhuhr, made lawful by the Sharià while the

dhuhr prayer is a substitute of the jumuà by action”. The meaning of the words – “the jumuà is a substitute for the

dhuhr made lawful by the Sharià- is that dhuhr was made lawful in the beginning then jumuà was made lawful as a

substitute of the dhuhr. This is because Allah taàla has only made five prayers obligatory upon us, however the jumuà

was made lawful as a substitute for the dhuhr. The meaning of the words – “the dhuhr prayer is a substitute of the

jumuà by action– is that when there are legal grounds not to perform the jumuà then the dhuhr prayer stands-in for it;

and success is with Allah.” 265 The meaning of his word, upon him be blessing and peace: "We will be the last and the foremost on the Day of

Judgment”; is that we are, with regard to time, the last of the religious communities in this world’s life and will be the

first of them in rank and in nobility on the Day of Judgment. What is meant here is that this Umma even though it is the

last to exist of the religious communities of the past in this world’s life, yet it will be the foremost of them in the

Hereafter, because it will be the first of them gathered on the Day of Gathering, the first to have their deeds reckoned,

the first to have the Decision decided amongst them and the first of them to enter Paradise. It is said that what is

intended by ‘foremost’ is precedence in obtaining the most meritorious of days, since the day takes precedence over the

others in merit, meaning by that the day of Jumuà. It is said that what is intended by ‘foremost’ is having precedence in

accepting the Truth and showing adherence to it, something which the people of the Book were hindered from by their

own words: “And they said: We hear and we disobey”. However the first interpolation is the strongest. Although Friday

is actually preceded by Sunday by four days and it precedes Saturday, however, it is unimaginable to gather the three

days consecutively without mentioning Friday prior to the rest; that is ‘Friday, Saturday and Sunday’. The meaning of

his words, upon him be blessing and peace: "… although initially the former nations were given the Books before us”;

is that we took precedence over the others in merit because we were guided to the day of Jumuà, even though we were

preceded by them in time, by reason of their going astray from the day of Jumuà although they were given it in

priority. Subsequently, our Book became the abrogator of their Books; and our sharià became the abrogator of their

sharià. Thus, that which abrogates takes precedence over that which is abrogated. Or what is intended by our taking

precedence over them is clear in that it refers to the fact of their precedence in time over us in existence and our being

subsequent to them in time, yet they derived no merit from that. Or it is a reference to the nobility given to us due to the

slight time that our deceased have to abide in the Interval between this life and the Hereafter. The meaning of his words,

upon him be blessing and peace: "This day (Friday) was their day in which Allah made worship obligatory upon them”;

is that what is being referred to here is the day of Jumuà, and what is intended by being made obligatory upon them is

the obligation of showing esteem for it. What is apparent in this is that the day itself was made obligatory upon them to

worship also, but they asked Allah to give them the choice of exchanging it with Saturday, so He answered them in that.

This is not improbable from a people who requested from their Prophet: “Make for us idols.” Ibn Bataal said: “It does

not necessarily mean here that Jumuà itself was made obligatory upon them and they rejected it, because it is not

permissible for a people to reject what Allah has made an obligation upon them and they still be considered believers.”

It has been related by Ibn Maja on the authority of Jaabir that the Messenger of Allah , may Allah bless him and grant

him peace said during a sermon: “Verily Allah has made the day of Jumuà obligatory upon you in this place of mine, in

this day of mine, in this month of mine, in this year of mine until the Day of Judgment. Whoever neglects it by showing

disdain for it or by rejecting it; Allah will never fulfill his objectives, there will be no baraka in his affairs. Rather, he

will have no prayer, nor charity, nor pilgrimage, nor fasting and no blessings until he repents. Whoever repents Allah

will relent towards him.” It has been related by Ahmad and al-Hakim on the authority of Abu Qatada going back to him,

upon him be peace that he said: “Whoever neglects Jumuà three times without any real necessity, Allah will then

imprint upon his heart.” What is meant by ‘Allah will imprint on his heart’ is that his heart will be imprinted with

hypocrisy as it has been related by Ahmad and Ibn Hibban on the authority of Abu’l-Ja`d ad-Damri who said the

Messenger of Allah, may Allah bless him and grant him peace said: “Whoever neglects the Jumuà three times without

any reason, then he is a hypocrite.” For this is evidence, and Allah knows best, that one of the days of the week was

actually made obligatory upon the Jews and Christians. He then gave them the responsibility of choosing which day in

their sharià to establish it. Unfortunately, they differed regarding which day it was and as a result they were not guided

to Friday as the day which was originally intended. The meaning of his words, upon him be blessing and peace: "But

they differed about it”; is what Imam an-Nawwawi said: “It is conceivable that they were clearly ordered to adhere to

Friday, but then they differed regarding whether they had to adhere to it specifically or if they had license to substitute it

with another day. As a result they made their on independent judgment and erred. This is corroborated by what at-

Tabarani related on the authority of Mujahid who said regarding Allah taàla’s words: ‘Verily He made Saturday for

those who differed regarding it’, ‘The day of Jumuà was originally intended for them, but they made a mistake and

took Saturday in its place’.” It is conceivable that what is meant by ‘but they differed’ in the prophetic tradition is the

difference between the Jews and Christians in that. It has been related by Ibn Abi Hatim on the authority of as-Sadi in

an unambiguous prophetic narration that Friday was specifically made an obligation upon both communities, but they

rejected it: “Verily Allah obligated upon the Jews the day of Friday, but they refused and said: ‘O Musa verily Allah did

not create Saturday for anything, so make it a day for us’; and it was made their day.” This infringement on their parts

should not be considered astonishing based upon what occurred from them in the words of Allah taàla: “Enter the door

in prostration and say: humility; and We will forgive you your errors and will increase those who do good. But those

who are unjust altered the Word from what was said to them.” Other violations other than this occurred from them; and

this should not be considered surprising when they were the ones who said: “We hear and we disobey”?! The meaning

of his words, upon him be blessing and peace: "So Allah guided us to it”; is that By making us firmly established with it

at the time it was made lawful for us to worship on that day. It is conceivable that what is meant here is that we received

a textual command to do so. And it is also conceivable that the guidance referred to here is that it was arrived at by

means of independent judgment. What corroborates the second opinion is what was related by Abd’r-Razaaq on the

authority of Muhammad ibn Sireen who said: “Before the Messenger of Allah, may Allah bless him and grant him

peace arrived in Medina and before the descent of the verse regarding the obligation of Jumuà; the people of Medina

On What Has Been Related Regarding the Time of the Jumuà266

It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Malik, may

Allah be pleased267 with him, said that: “The Prophet, may Allah bless him and grant him peace,

used to pray jumuà when the sun had descended from its zenith.”268

gathered together and the Ansaar said: ‘Verily the Jews have a day in which they congregate together every week, and

the Christians as well. So let us make a day in which we congregate for the remembrance of Allah taàla and pray and

thank Him.’ Thus, they decided on the day of Friday (al-ùruuba). They then began meeting at the house of Asàd ibn

Zaraara and prayed from that day onward. It was after that that Allah taàla revealed: ‘When you are called to the prayer

from the day of Jumuà’. This narration although mursal, is also corroborated by a narration whose chain is good related

by Abu Dawud, Ibn Maja and was verified by Ibn Khuzayma and many others from the tradition of Ka`b ibn Malik who

said: ‘The first to pray the Jumuà prayer before the arrival of the Messenger of Allah, may Allah bless him and grant

him peace to Medina was Asàd ibn Zarara’.” Among the virtues of this day as it was related by Ibn Abass, may Allah

be pleased with him who said: “Verily it was named Jumuà because Allah taàla gathered together the creation of

Adam, upon him be peace.” Some of the people said: “It was named Jumuà in Islam and this is because of the

congregating of the people at the masaajid on that day.” Among the virtues of this days is what he, may Allah bless him

and grant him peace said as related by Ibn Abi Shayba and others on the authority of Abu Lubaba ibn Abd’l-Mundhir:

"The day of Jumuà is the master of all the days, and the greatest of them with Allah. It is greater with Allah than the

day of al-Fitr and the day of al-Adhaa. In it are five traits: Allah created Adam in it; in it he was caste down to the

earth; in it Adam died; in it is an hour which if the servant makes a request during it for anything Allah will grant it, as

long as he does not request what is forbidden; and in it the Hour will be established. For there is no Angel, land, heaven,

wind, mountain or sea except that they are all in fright from the day of Jumuà that the Hour will be established during

it.” It has been related by Abu’s-Shaykh and Ibn Mardawiya on the authority of Abu Hurayra who said: “I heard Abu’l-

Qasim, may Allah bless him and grant him peace say: ‘Among the seven days, Allah chose over all the days the day of

Jumuà. In it He created the heavens and the earth. In it He decreed their natures. In it Allah created the Paradise and the

Fire. In it He created Adam and in it he was caste down from Paradise and repented to Him. In it the Hour will be

established. For there is nothing from creation, except the heedless among men and jinn that are not in terror on Friday

fearing that the Hour will be established during that day’.” Among the virtues of Friday is what he, may Allah bless him

and grant him peace said: “Verily Allah made this day as a holiday for the Muslim.” The meaning of his word, upon

him be blessing and peace: "…and all of the people are behind us in this respect; the Jews is tomorrow”; is that the Jews

worship Allah on Saturday a day after Jumuà. The meaning of his word, upon him be blessing and peace: "…and the

Christians is the day after tomorrow”; and the Christians worship Allah on Sunday two days after Jumuà. In this

prophetic tradition is the proof of the obligation of Jumuà prayer. In it also is that guidance and error is from Allah

taàla, as the teachings of the People of the Sunna uphold. In it also is that the protection of the consensus from error is a

specific quality of this Umma; and that extracting legal judgment from a foundation whose origin is false is also false. In

it also is that decisions arrived at by analogy when there exist textual evidence is not valid. In it also is that making

independent judgment during the time of the descent of revelation was permissible. In it also is that lawfully, the day of

Jumuà is considered the first day of the week, what corroborates that is that the entire week is called jumuà, when the

week used to be called sabt. This is because at that time the Arabs were in close proximity and socialization with the

Jews and thus followed them in that practice. In it also is clear explanation that the increase in merit of this Umma over

the preceding religious communities is an increase given by Allah taàla. 266 As for the time of the jumuà prayer, the majority of he jurists uphold the view that is time is the same as the time of

the dhuhr prayer, which is the time of the descent of the sun from its zenith. The majority also uphold the view that it is

not lawful to pray it before the descent of the sun from its zenith; while some of the people held that it is lawful to pray

the jumuà before the descent of the sun from its zenith. This was the view held by Ahmad. However, since jumuà is a

substitute for the dhuhr prayer then it is obligatory that its time be the same time as the dhuhr, and there is no textual

evidence that the dhuhr can be prayed before the descent of the sun from its zenith; which is the view held by the

majority of the jurists. Malik, Abu Hanifa, as-Shafi`, and the greater part of the scholars from the Companions, the

Taabiùun and those after them, say that the jumuà prayer is not lawful until after the descent of the sun from its zenith. 267 Here ends facsimile 26 of the Arabic manuscript. 268 This means that the sun began to move towards the west, and descended from its zenith. This means that it was done

after the descent of the sun from its zenith was clearly ascertained. The traditionist Ibn Hajr said in his Fat’h’l-Baari: “In

this statement is his, may Allah bless him and grant him peace cautioning to be constant in praying the jumuà prayer

when the sun has descended from its zenith.”

On What Has Been Related Regarding the Ghusl of the Day of Jumuà

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said that

the Messenger of Allah, may Allah bless him and grant him peace, said: “When any of you comes

upon jumuà, he should make ghusl.”269

On What Has Been Related Regarding the Khutba of Jumuà


Prophet, may Allah bless him and grant him peace, used to make the khutba while standing and he

would then sit and then stand the way it is done in the times.”270

269 The meaning of his words, upon him be blessings and peace: “When any of you comes upon jumuà”; is that when

he wishes to go to the jumuà prayer. The meaning of his words, upon him be blessings and peace: “,,,he should make

ghusl”; as a highly recommended act, or as an obligatory act, then it was abrogated. This is clear evidence for those who

say that it is obligatory to make the ghusl for jumuà. Evidence can be understood from the prophetic tradition that the

ghusl is not stipulated for the one who is not present at the jumuà. The implications for this was explicitly stated in the

narration of Uthman ibn Waaqid on the authority of Naafi`, with Abu Àwaana, Ibn Khuzayma and Ibn Hibban in their

Saheeh collections: “Whoever among men and women that come to the jumuà, should make the ghusl. Those who do

not come to it, it is not obligatory for him to make the ghusl.” 270 The meaning of his words: “The Prophet, may Allah bless him and grant him peace, used to make the khutba while

standing and he would then sit”; is that he would stand and then give the khutba. The meaning of his words: “…and

then stand the way it is done in the times”; is as it was related in the narration of Muslim: “…the way you do today.” In

this is the lawfulness of sitting between the two sermons. However, there is disagreement regarding whether it is

obligatory to do so. As-Shafi` said that it is obligatory. Abu Hanifa, Malik and the majority of the jurists say that it is

Sunna and that it is not obligatory, like the sitting of relaxation in the prayer for those who hold the view that sitting in

the prayer is highly recommended. Ibn Abd’l-Barr said: “Malik, the Iraqis and the remaining jurists of the Islamic

metropolises, with the exception of as-Shafi` uphold the view that sitting between the two sermons is Sunna and there is

nothing against the person who willfully neglects it.” This was stipulated in the Ùmdat’l-Qaari. As-Shafi uses as

evidence for its obligation the fact that he, may Allah bless him and grant him peace was persistent in doing it and his

saying: “Pray as you see me pray.” The extent of time that the sitting between the two sermons should be is the time that

it takes to recite the chapter Ikhlaas, as it was related by Ibn al-Qaasim, ar-Raafi` and others.

On What Has Been Related Regarding Sitting Between the Two Khutbas of the Day of

Jumuà271


Prophet, may Allah bless him and grant him peace, used to stand while making the two khutbas,

sitting between them.”272

271 This is clear implications that he used to make the two sermons while standing. This was explicitly stated in the

narration of Khalid ibn al-Haarith: “He used to make the khutba standing, then sit down and then stand again.” In the

narrations of an-Nisaai` and ad-Daraqutni from that same perspective: “He used to make the two khutbas while

standing, and he would separate them with a sitting between them.” It has been related by Abu Dawud: “He used to

make two sermons. He would sit after climbing the minbar until the muàdhin completed the call to prayer. He would

then stand and deliver the khutba. He would then sit and not speak. He would then stand and deliver the second

sermon.” As-Shafi` said: “The two sermons is not valid except with praising Allah and sending blessings upon the

Messenger of Allah, may Allah bless him and grant him peace in both of them, and giving admonition. These three are

obligatory in each of the two sermons. It is also obligatory to recite a verse from the Qur’an in the first of the two

sermons, based upon the soundest opinion. It is also obligatory to make supplications for the believers in the second of

them, based upon the soundest opinion.” Malik, Abu Hanifa and the majority of the jurists said: “It is sufficient in the

sermon to do what anything which fall under the meaning of sermon.” Abu Hanifa, Abu Yusef and Malik took as

evidence the narration: “It is sufficient to give praise of Allah, to glorify Him or to say: there is no deity except Allah.”

However, this is weak because this cannot be called a sermon, nor does it achieve the objective of giving a sermon,

along with the fact this was not confirmed from the Prophet, may Allah bless him and grant him peace. 272 The meaning of his words: “The Prophet, may Allah bless him and grant him peace, used to stand while making the

two khutbas”; on the day of jumuà. This clearly implies that he gave the two sermons while standing. The meaning of

his words: “…sitting between them”; is that he actually sat down. In another narration: “…he would then sit down and

not speak. He would then stand and deliver the second sermon.” The statement ‘…and not speak’ does not negate that

he would remember Allah or make supplication silently, because it was related by Ibn Hibban: “The Messenger of

Allah, may Allah bless him and grant him peace used to recite the Book of Allah while he was sitting between the two

sermons.” That is to say, he would do so secretly, and the foremost that he would recite was the chapter Ikhlaas as at-

Taybi said. In the narration of al-Bazaar: “He used to deliver the two sermons standing, and would separate between

them by sitting.”

On What Has Been Related Regarding Being Silent During the Day of Jumuà While the

Imam Makes the Khutba273 It has been related in the Saheeh of al-Bukhari on the authority of Salman,274 that the

Prophet, may Allah bless him and grant him peace, said: “Be silent when the Imam is speaking.”275

273 The issue of being silent for the Imam, is proof for not performing the two rakàts of greeting to the masjid, while

the Imam is delivering the khutba. Malik, al-Layth, Abu Hanifa, at-Thawri and the majority of the early jurists among

the Companions and the Taabiùun said that he should not pray them in that case. This was related on the authority of

Umar, Uthman and Ali, may Allah be pleased with them. Furthermore, their evidence was in what was transmitted by

Ibn Bataal on the authority of Umar, Uthman and more than one from among the other Companions that this was

absolutely prohibited. The legal reliance in that is in what was related from them like the words of Thaàlaba ibn Abu

Malik: “I was present during the time of Umar and Uthman and whenever the Imam came out to lead the prayer, we

would stop all prayers.” The traditionists Ibn Hajr said in his al-Fat’h: “A large group of the jurists, among them being

al-Qurtubi said: ‘The strongest evidence which those who follow Malik rely upon is the behavior of the People of

Medina, who following the early community from the time of the Companions until the time of Malik, held that

performing superogatory prayers during the time of the khutba was absolutely prohibited’.” Some of the followers of

Malik held the view that when a man enters the masjid and the Imam is delivering the sermon, that he should say

silently: “Glory be to Allah. There is no deity except Allah. Allah is the Greatest. There is no power or might besides

Allah, the Exalted the Mighty”; four times before sitting as a substitute for the two rakàts usually performed greeting

the masjid. The strongest evidence which has been related regarding all this is that related by Abu Dawud and an-

Nisaai’ by way of Abu’z-Zaahiriya who said: “We were with Abdallah ibn Bishr, the Companion of the Prophet, may

Allah bless him and grant him peace, and it was mentioned that a man came and was stepping over the people while the

Prophet, may Allah bless him and grant him peace was delivering the khutba. He then said to him: ‘Sit down, for you

have injured your prayer’.” Abu Dawud related a prophetic tradition by way of Àmr ibn Shuàyb on the authority of his

father on the authority of his grandfather: “Whoever steps over the necks of people then he only has performed the

dhuhr prayer.” Thus, Malik and al-Awzai` took as reprehensible all actions being performed while the Khateeb was on

the minbar. 274 He was Abu Abdallah Salman al-Farsi, the Excellent, the Son of Islam. His origin was from Isbahaan. Among the

first military expeditions which he was present was the Battle of the Trench. He was among the most resolute of the

intelligent men, the most worshipping of them and the most noble of them. He was among those who met one of the

inheritors of Ìsa ibn Maryum, upon him be blessings and peace. He transmitted 60 prophetic traditions of which al-

Bukhari transmitted four and Muslim transmitted three. He died in the year 36 A.H. in Median. He lived to be 350 years

old. 275 That is to say, at the time when the Imam is delivering the two sermons. From this, some of the scholars take as

evidence that it is permissible to do remembrance of Allah and make supplication lightly or secretly when the Imam sits

between the two sermons, based upon the apparent meaning of his words: “…when the Imam is speaking.” Some of the

scholars hold the view of the prohibition of doing remembrance of Allah and supplication lightly or secretly from the

time the Imam comes out to deliver the sermon, based upon the narration: “…then when the Imam came be silent”; that

is until the Imam makes the salaam from the prayer. This is based upon the evidence from his words, upon him be

blessings and peace as added in the narration of Qarthai` ad-Dabyi and others from a prophetic tradition of Abu Ayyub:

“…until he completed his prayer.” The complete narration of the prophetic tradition as it is with al-Bukhari is on the

authority of Salman al-Farsi who said that the Prophet, may Allah bless him and grant him peace said: “A man does not

make the ghusl on the day of jumuà, purifies what he is able to purify, oils himself with some oil, or perfumes himself

with some scents, then goes out and does not divide two people who were sitting; he then prays what Allah has

prescribed for him; then remains silent when the Imam is speaking, except that he is forgiven for what occurs between

that Friday and the next.” Also in this prophetic tradition from advantages is the reprehensibility of stepping over people

on the day of jumuà, however, the reprehensibility of stepping over people only applies when the Imam is on the

minbar. In it also is the lawfulness of making superogatory prayers before the jumuà prayer, as long as they are

performed before the khutba as the evidence indicates.

On What Has Been Related Regarding Using Oils and Scents on the Day of Jumuà276

It has been related in the Saheeh of al-Bukhari on the authority of Salman ‘l-Farsi, who said

that the Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever makes ghusl

on the day of jumuà, then purifies what he is able to purify, then oils himself or uses scents and

walks calmly to the prayer without walking between two sitting people, then prays what has been

prescribed for him to pray and when the Imam comes out, he is silent-will be forgiven for what is

between that jumuà and the other.”277

276 This means utilizing skin oils and perfumes for the jumuà prayer. The scholars disagree regarding the legal

judgment of utilizing these. It is said that it is because of the merits of the jumuà prayer. It is said that it is because of

the merits of the day of jumuà. It is said that it is because of the merits of both the day and the prayer. And it is the

latter opinion that I hold to. The reason for the differences in this is due to the different interpolations given regarding

the narrations of the merits of the jumuà, whether it refers to the merits of the day itself, or the merits of the prayer

performed in it, as will be discussed Allah willing. 277 The meaning of his words, upon him be blessings and peace: “Whoever makes ghusl on the day of jumuà, then

purifies what he is able to purify”; is that what is meant here is that the person is pronounced in cleansing himself. What

is extracted from placing purification as a conjunct to the ghusl is that the pouring of water over the entire body suffices

in achieving what is desired in ghusl. Or it means that what is meant by purifying is the trimming of the mustache, the

clipping of the nails and the shaving of the pubic hairs. Or it means that what is meant by ghusl is the actual bathing of

the body, while what is meant by purification is the washing of the head. The meaning of his words, upon him be

blessings and peace: “…then oils himself”; is meant the removal of unkempt hair by using oil. In this is an indication

for adorning oneself on the day of jumuà. The meaning of his words, upon him be blessings and peace: “…or uses

scents”; is that if he cannot find skin oils. It is also conceivable that the particle of conjunction “or” actually means

“and”. Skin oils and perfumes are connected to the home as an indication that it is a Sunna that a person purchase

perfumes and oils for himself and keep them in his home as a custom. It is related in a prophetic tradition of Abdallah

ibn Àmr the additional expressions: “…and dresses in the most righteous of his clothing.” The meaning of his words,

upon him be blessings and peace: “…and walks calmly to the prayer without walking between two sitting people”; is

like what was related in the prophetic tradition of the above mentioned Abdallah ibn Àmr: “…and then does not step

over the necks of the people.” Thus, in this prophetic tradition is established the advantage of not stepping over people

on the day of jumuà. As-Shafi` said: “It is reprehensible to step over people except when he cannot find a suitable place

to pray and the Imam has entered; or the one who desires to fill a place in the line which is broken, and a person ahead

of him refuses to; or when a person desires to return to his place that he had vacated out of necessity.” An exception

which the followers of as-Shafi give in this is for the one who is considered immense in his religion, knowledge, or if

the Messenger of Allah, may Allah bless him and grant him peace designated a place a specific place for an individual,

then there is no reprehensibility in him seeking to attain his rightful place. Malik, on the other hand said: “Stepping over

people is only reprehensible when the Imam is upn the minbar.” The meaning of his words, upon him be blessings and

peace: “…then prays what has been prescribed for him to pray”; is in accordance with the prophetic tradition of Abu’d-

Darda: “…he then makes the rakàts which have been decreed for him to make.” In the prophetic tradition of Abu

Ayyub: “…he then makes rakàts if it occurs to him.” In all of these is the lawfulness of making superogatory prayers

before the jumuà prayer; indicated by his words: “…then prays what has been prescribed for him to pray.” In the

narration: “…he then is silent when the Imam speaks” is evidence that the superogatory prayers must be performed

before the khutba. This was made clear by Ahmad in the prophetic tradition of Nabisha al-Hadhali: “…and if he does

not find that the Imam has come out, he can pray whatever occurs to him to pray.” The meaning of his words, upon him

be blessings and peace: “…and when the Imam comes out, he is silent”; is understood by the additional expression in

the prophetic tradition of Qarthai` ad-Dabyi: “…until he completes his prayer.” This is similar to the prophetic tradition

of Abu Ayyub. The meaning of his words, upon him be blessings and peace: “…will be forgiven for what is between

that jumuà and the other”; is in accordance with the narration of Qasim ibn Yazid: “…the sins between it and the other

jumuà will be removed.” What is intended here by the other is the jumuà which has passed, and this is made clearer by

al-Layth on the authority of Ibn Àjlaan in the narration related by Ibn Khuzayma: “…he will be forgiven for what is

between the jumuà and the one before it.” Ibn Hibban related another narration by way of Suhayl ibn Abi Saalih on the

authority of his father, on the authority of Abu Hurayra: “…as long as he doesn’t commit a major sin.” A similar

narration was related by Muslim. All that we mentioned is also clear explanation that the atonement of sins from Friday

to the previous Friday is conditioned by the existence of all which should precede it, such as the ghusl, the cleansing,

perfuming, or using oil, wearing the best attire, walking with reposed dignity, avoiding stepping over people and

Kitaab Salaat’l-Khawf wa’l-Èidayn Wa’l-Istisqa’I wa’l-Kusuuf

(The Book of the Prayer of Fear, the Two Èid Prayers, the Rain Prayer, and the Eclipse

Prayer)278

On What Has Been Related Regarding the Fear Prayer

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah ibn Umar, who

said: “I went out on a military raid279 with the Messenger of Allah, may Allah bless him and grant

him peace, in the direction of Najd. Then the enemies stationed themselves opposite us. We then

arranged ourselves in ranks and then the Messenger of Allah, may Allah bless him and grant him

peace, prayed with us. A group stood and prayed with him while another group faced off the

enemies. The Messenger of Allah, may Allah bless him and grant him peace, made a single rukù,

and prostrated twice with them. Then the group, which had not prayed, came and took their place.

Then the Messenger of Allah, may Allah bless him and grant him peace, made a single rukù and

two prostrations with them, then he made the salaams. Then each one stood by himself and made a

single rukù and made two prostrations.”280

separating two people, avoiding that which mars the prayer, voluntary prayers, silence and avoiding speaking. With the

completion of these words, I end the commentary upon the Book of Jumuà and success is with Allah. O Allah I ask

You for every good which Your knowledge encompenses in this world and the Next, and I seek refuge with You from

every evil which Your knowledge encompenses in the this world and the Next. O Allah give us success in following the

Sunna of Your prophet, Muhammad, may Allah bless him and grant him peace, outwardly and inwardly, by his rank

that he has with You. 278 As for the prayer of fear, it is the prayer of the fear of enemies. He mentions the prayer of fear at the end of the

jumuà prayer because both are considered to be apart of the five prescribed prayers as substitutes for them. He

followed the mentioning of the fear prayer after the jumuà prayer due to many different opinions regarding it,

especially during extreme fear. The legal proof of its existence is from words of Allah taàla: “If you fear that those who

disbelieve attack you, for the disbelievers are an avowed enemy to you; thus when you are among them and arrange

yourselves to pray, let a group stand with you in prayer and they should take their weapons. When they have prostrated,

let them fall to the rear and allow another group that have not prayed come and pray with you. They too should take

their precaution and weapons. Those who disbelieve long that you neglect your weapons and your provisions, so that

they can attack suddenly. There is no sin on you to put aside your weapons, if you are stopped by rainfall, or when you

are sick. However, take your precautions. Indeed, Allah has prepared for those who disbelieve a shameful punishment.”

As for the prayer of the two Èids they are the prayer of the Èid’l-Fitr and the prayer of the Èid’ l-Ad’haa. As for the

fitr it is the day which it is agreed for breaking the fast of Ramadan, which is the day which the fasting is complete. As

for the Ad’haa it is the day of sacrifice of sheep, which is why it is called the day of sacrifice. It is the major Èid, as as-

Sindi said. As for the prayer of rain, it takes its root from the expression ‘to provide water’ taken from the conjugated

form of the word meaning ‘to do something for some one’. Thus, it means to seek for the provision of water, that is to

say, to seek the downpour of rain upon a land, by means of the prayer and a specific supplication. As for the prayer of

the eclipse it is the prayer made lawful by reason of the eclipsing of the sun and moon. Regarding the eclipse, it is an

indication of the denunciation of the opinions of those who worship the sun or the moon. Some of the scholars extract

from the command in the words of Allah taà`la: “Do not prostrate to the sun and the moon, but prostrate to Allah the

One who created them”; to refer to the prayer of eclipse because it is the time appropriate for avoiding worshipping

them as a result of what appears in them from alteration and diminution, and affirms the One truly worshipped jalla wa

àlla sub’hannahu wa taàla. 279 Here ends facsimile 27 of the Arabic manuscript. 280 The meaning of his words: “Then the enemies stationed themselves opposite us”; is that we arranged ourselves in

ranks opposite them. In the narrations of al-Mustamali and as-Sarakhsi: “…he then prayed with us”; which means he

prayed because of us or with us. The meaning of his words: “Then the group, which had not prayed, came and took their

place”; is they came and stood in their place. This was stated explicitly in the narration of Malik in the al-Muwatta on

the authority of Ibn Umar: “…then moved back from the place for those who had not prayed, and they did not make the

salaam.” The meaning of his words: “Then the Messenger of Allah, may Allah bless him and grant him peace, made a

single rukù and two prostrations with them”; in understood by the addition narrated by Abd’r-Razaaq on the authority

of Ibn Jurayj on the authority az-Zuhri: “…similar to half of the prayer of the subh”. This is an indication that the prayer

referred in the narration was other than the subh prayer; which meant that the prayer was originally a four rakàt prayer,

On What Has Been Related Regarding Praying the Fear Prayer While Walking or Riding

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar from the words

of Mujahid:281 “When the Muslims are intermixed with the enemies, they should do the prayer

standing.” Ibn Umar added on the authority of the Prophet, may Allah bless him and grant him

peace, “If they dread them more than that, then they should pray standing or mounted.”282

which was àsr. In this is evidence that in the required rakàts it is necessary to recite the Faatiha and the extra chapter,

contrary to those who permit not reciting the extra chapter in the second part of the four rakàt prayer. The meaning of

his words: “…then he made the salaams. Then each one stood by himself and made a single rukù”; is that in its

apparent wording it means that each of them completed the prayer at the same time. However, the most preponderant

opinion with respect to meaning, is that they completed the prayer sequentially. Otherwise, it would necessitate the

forfeiture of objective of safeguarding and leaving the Imam by himself unprotected. This preponderant view was

corroborated in what was transmitted by Abu Dawud from the prophetic tradition of Ibn Masùd: “…he then made the

salaam, then those stood, meaning the second group, and each person completed the rakàt and made the salaam. Then

they moved and the others returned and stood in their place, and each person prayed by himself one rakàt and then

made the salaam.” The meaning of his words: “…and made two prostrations”; is that this prophetic tradition clearly

gives proof of the immense affair of the Jamaàt and praying in congregation. 281 He was Abu’l-Hujaaj Mujaahid ibn Jabr al-Mekki al-Aswad. He transmitted prophetic traditions on the authority of

Ibn Abass with whom he studied extensively and excelled. It was from him that he took the Qur’an, Qur’anic exegesis

and jurisprudence. He recited the Qur’an to Ibn Abass thirty times. Sufyan at-Thawri said: “Take the science of

Qur’anic exegesis from four people: Mujaahid, Saìd ibn Jubayr, Ìkrama and ad-Duhaak.” Khaseef said: “Of the four

cited, Mujaahid was the most knowledgeable in the science of Qur’anic exegesis.” Mujaahid died in the year 102 A.H.

at the age of 83. 282 The meaning of the words of Mujaahid: “When the Muslims are intermixed with the enemies, they should do the

prayer standing”; means when the Muslim are mixed with the disbelievers during battle. The meaning his words, may

Allah bless him and grant him peace: “If they dread them more than that”; is that their fear of the enemy is more than

that, as it was explicitly stated in the narration of Muslim on the authority Ibn Umar: “If the fear of them is more than

that…”. When fear is severe and the numbers of the enemy are extensive, and there is concern about the Muslims

becoming divided; then it is permissible to perform the prayer however possible. It is also permissible to disregard

maintaining what his unable from its pillars, such as moving from standing to bowing, or from bowing and prostration

to gesturing and the like. This is the view of the majority of the scholars; however, the followers of Malik say: “They

should not do this unless they fear the time of the prayer passing.” The meaning his words, may Allah bless him and

grant him peace: “…then they should pray standing”; is that they should pray on foot. The meaning his words, may

Allah bless him and grant him peace: “…or mounted”; while facing the qibla or another direction. Among the jurists

who adhere to this description of the fear prayer was Ash’hab on the authority of Malik and a large number of jurists.

Abu Umar said: “The proof for those who adhere to this prophetic tradition of Ibn Umar, is that it was related from the

transmissions of the Imams of the People of Medina, who constitute proof in and of themselves unlike others. Likewise,

this behavior resembles most to the roots, because the first group and the second group did not complete the rakàt until

after the Messenger of Allah, may Allah bless him and grant him peace had finished the prayer. This is well known

from the Sunna of making up the prayers collectively in the others prayers.” The majority of the scholars hold the

opinion regarding what has come in this prophetic tradition is that when there is intense fear that it is lawful, then to

pray facing the direction of the qibla and another direction, as well as to make gesturing with the head without actually

bowing or prostrating. The Shehu, may Allah be merciful to him said in his Mirat’t-Tullab: “As-Shibrakhiti said in his

commentary upon the al-Mukhtasar: “The prayer of fear is a continuous practice after the Prophet, may Allah bless him

and grant him peace in the opinions of Malik, as-Shafi`, Abu Haneefa and the majority of the people of knowledge.”

Abu’l-Qasaar and Abu Yusef said: “This prayer was specific to the Messenger of Allah, may Allah bless him and grant

him peace.” Al-Mazini even claimed that the fear prayer was abrogated by his postponing to pray four prayers on the

Battle of the Trench, not praying them due to facing the enemy fighting.” This, however, is inadmissible because the

Battle of the Trench occurred before the enactment of the prayer of fear. In the Miftaah as-Sadaad, the commentary

upon the Irshaad’s-Saalik it states: “The prayer of fear is a permanent authorization in the opinion of the majority of the

jurists, and it is not specified for traveling in the prominent view, or is it specified for being on land, contrary to Malik.

The fear prayer should be established while traveling, domicile, on land or sea as long as the conditions are applicable,

which is the fear of the enemies whether they be Muslim or disbelievers, if they are among those that it is permissible to

fight. This even applies when it is fear of the loss of the wealth, or the fear of thieves, and predatory animals.”

On What Has Been Related Regarding the Prayer of the Two Èids283

It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, who said that the

Messenger of Allah, may Allah bless him and grant him peace, said: “Every people have an Èid,

and this day is our Èid.”284

283 That is to say the days of al-Fitr and al-Ad’haa, whose legality is established by the words of Allah taàla: “Then

pray to your Lord and make sacrifice”; and His words: “He has succeeded who purifies himself by giving alms, then

mentions the Name of his Lord and then prays.” The Shehu, may Allah be merciful to him said in his Mirat’t-Tullab:

“As-Shibrakhiti said in his commentary upon the al-Mukhtasar: ‘The majority of the scholars of Qur’anic exegesis

agree that what is mean by His words: ‘Then pray to your Lord and make sacrifice’ are the two Èid prayers and the

animal sacrifice made for the Day of Sacrifice. It states in the al-Ahkaam of Ibn al-Àrabi: ‘Ìkrama said: ‘A man used

to present his alms before performing the prayer’. The Sufyan said about that: ‘Allah taàla says: ‘He has succeeded

who purifies himself by giving alms, then mentions the Name of his Lord and then prays’. In the Miftaah as-Sadaad, the

commentary upon the Irshaad’s-Saalik it states: ‘The prominent opinion is the prayer of the Èid is a confirmed Sunna

for the person for whom the jumuà prayer is incumbent, and no one else.’ He then said after a bit: ‘Ibn Zarquun related

that it is collective obligation.’ As-Shibrakhiti said in his commentary upon the al-Mukhtasar regarding the words of the

author (Khalil ibn Is’haq): ‘The Sunna of the Èid is two rakàts based upon the more prominent opinion’; ‘What can be

extracted from his words is what will be cited, or it missed him that it is a collective Sunna. However, the view of the

madh’hab of Malik is that it is an individual Sunna for the one upon whom jumuà is obligatory, and not upon every

responsible person. It is also said that regarding the obligation both Èid prayers that they are individual and collective. 284 The narrative behind this prophetic tradition is that Aìsha said: “Once the Messenger of Allah, may Allah bless him

and grant him peace entered upon me, and with me were two servant girls singing the poems of the battles between the

Àws and the Khazaraj. He then came and laid down on the bed and turned his face away from them. Then Abu Bakr

entered and rebuked me and them saying: ‘Are the wind instruments of Satan in the presence of the Prophet, may Allah

bless him and grant him peace?!’ Then the Messenger of Allah, may Allah bless him and grant him peace turned to him

and said: ‘Leave them!’ However, when they took a brief rest, I ushered them out. This was the day of the Èid in which

the Sudanese usually played with their shields and lances.” The meaning of his words: “Every people have”; refers to

every ethnic group or community. In this statement is an important principle because it gives authoritative recognition

of the linguistic, racial, religious and cultural legal existence of all people and by which is established the fundamental

right to exist. The meaning of his words: “…an Èid”; like New Years Day and other holidays. An-Nisaai’ and Ibn

Hibban cited in sound chains of authority on the authority of Anas: “When the Prophet, may Allah bless him and grant

him peace first came to Medina, they had two days in which they celebrated and made amusement in them, and he said:

‘Allah taàla has substituted for these two with two more days better than them: the day of al-Fitr and al-Ad’haa’.”

What can be extracted from this prophetic tradition is the reprehensibility of being jubilant during the holidays of the

idolaters as well as resembling them. Shaykh Abu’l-Hafs al-Kabeer an-Nasafi from among the followers of Abu Hanifa

went as far as to say: “Whoever gives as much as an egg to an idolater out of esteem for their holiday has disbelieved in

Allah taàla.” The meaning of his words: “…and this day is our Èid”; is that this is the Èid of the people of Islam. The

complete narration of the cited prophetic tradition as it is narrated in the Saheeh of al-Bukhari on the authority of

Aìsha, may Allah be pleased with her: “Abu Bakr once entered upon me, and their were two servant girls from the

Ansaar singing the customary poetry of the Ansaar which they sang about the wars between the Àws and the Khazraj.

She said: ‘They were not actually singing, (but reciting poetry)’. Then Abu Bakr said: ‘Is the wind instruments of Satan

in the house of the Messenger of Allah, may Allah bless him and grant him peace?!’ This occurred on the day of the

Èid. The Messenger of Allah, may Allah bless him and grant him peace, then said: ‘O Abu Bakr! Every people have an

Èid, and this is our Èid’.” A contingent from some of the Sufis uses this prophetic tradition as evidence for the

lawfulness of singing, listening to it with musical instruments and without instruments. However, what suffices as a

refutation of that is the explicit statement of Aìsha in the prophetic tradition by her words: “They were not actually

singing”; because she negated singing from them by way of meaning although it had been established for them by

verbal expression. The reason for this is because singing is the irrefutable raising of the voice and the modulating hymns

which the Arabs call singing. Otherwise a person is not described as singing. It is called singing when the singing of

poetic verse is accompanied with the syncopations, lowering of the voice, its arousing, and stimulation which insinuates

indecency or explicitly refers to it. Al-Qurtubi said: “Here the statement: ‘They were not actually singing’; means that

they were not doing what is normally understood to be singing which singers customarily do. Thus, her statement

constitutes a strong safeguard against the kind of conventional singing which is well known; which is designed to

motivate and stir the person tranquil and to arouse hidden desires. This type of singing when it is poetic and it describes

the beauties of women, wine and other than that from forbidden matters, then there is no disagreement regarding its

On What Has Been Related Regarding Eating on the Day of Fitr Before Going Out to the Èid

Prayer285 It has been related in the Saheeh of al-Bukhari on the authority of Anas who said: “The

Messenger of Allah, may Allah bless him and grant him peace, did not go out on the day of Èid’l-

Fitr until he had eaten some dates.”286

prohibition…As for what the Sufis have invented in that from one perspective there is no disagreement regarding its

prohibition. However, the passions of the soul has gotten the better of many people who are associated with spiritual

excellence, until there even appears on many of them the actions and behavior of insane people and children; to the

point where some of them dance in uniform movements and incessant intermittent routines and even ends with some

insolent people among them claiming that that this dancing is form of drawing near to Allah and righteous behavior; and

that it is the fruits of sublime spiritual states. However, in reality this is nothing by the fruits of heresy and words of the

people of misinterpretation, may Allah assists us!” al-Àsqalaani said: “In this prophetic tradition is that the lawfulness

of manifesting happiness during holidays is from the rites of the religion. In it also is the permissibility of a man

entering upon his daughter while she is with her husband, since this is customary. It also establishes the permissibility

of a parent disciplining the daughter or son in the presence of their spouses, even when the spouse neglects to do so,

since disciplining is the duty of parents. It establishes that lawful compassion between spouses is that shown towards

women. In it also is showing kindness towards a woman and seeking to attract their affections. In it also is that the

places of the people of spiritual excellence should be free of diversions and nonsense, even when there is no sin

involved, except with their permission. It also establishes that if the spiritual disciple sees something which is

objectionable in the presence of his spiritual guide (shaykh), that he should immediately object to it; and in doing so it

does not constitute a breach of the relationship with the spiritual guide. On the contrary, it is correct courtesy with him

and fulfilling the responsibility of maintaining his sanctity and showing respect for his rank. In it also is the

permissibility of a spiritual disciple passing legal decision in the presence of his spiritual guide by what is known to be

correct in his spiritual path. The prophetic tradition also gives evidence of the lawfulness of listening to the voice of a

servant girl singing, even when she is not in the direct service of the person listening. This is because, the Messenger of

Allah, may Allah bless him and grant him peace did not object to Abu Bakr listening to them. Rather, he objected to his

objection of them. Further, the indication that Aìsha made for them to leave implies that it is the locus of permissibility

of servant girls singing in the presence of others is conditioned by it being safe from temptations.” 285 The wisdom in eating before the Èid prayer is in order that a person not assume that it is necessary to fast until he

actually prays the Èid prayer. It is as if by doing so he seeks to preempt this pretext.It is said that the wisdom in eating

before going out to the prayer is because Satan who was incarcerated during the month of Ramadan is not released until

after the the prayer of the Èid. Thus, it is highly recommended to expedite the breaking of the fast early in order to be

protected from his whispering. Some of the people of knowledge consider it highly recommended for a person not to

leace his home on the day of al-Fitr until he has eaten something. It is also highly recommended for him to break his

fast with dates, and that he should not eat on the day of al-Ad’haa until after he has returned from the prayer. 286 The meaning of his words: “The Messenger of Allah, may Allah bless him and grant him peace, did not go out”;

where the expression ‘go out’ means to walk or circulate during the first part of the day. The meaning of his words:

“…on the day of Èid’l-Fitr”; is that he mentioned the al-Fitr in particular because this is absent in the day of al-

Ad’haa, which is in contrast since it is highly recommended to eat breakfast consuming something from his sacrificed

animal; as it was stated explicitly in the prophetic tradition: “He should not eat on the day of al-Ad’haa until he has

prayed.” In the narration of Ibn Maja: “…until he has returned.” Ahmad added: “…he should then eat from his

sacrificed animal.” In the narration of Abu Bakr al-Athram: “…until the time of forenoon.” This is the same as in the

narrations of the al-Muntaqa and the an-Nayl. In the narration of al-Bayhaqi: “He should then consume something from

the liver of his sacrificed animal.” This is the same as in the narration of the Ùmdat’l-Qaari. In the narration of ad-

Daraqutni in his as-Sunnan he added: “…until he returns and he should then consume something from his sacrificed

animal.” The meaning of his words: “…until he had eaten some dates”; that is to say, three, five, or seven or less than

that, or more. Ibn Qudama said: “We do not know of any disagreement regarding expediting consuming food on the day

of al-Fitr.” The wisdom in the recommendation of dates is what it in them of sweetness, and the strengthening of the

sight which becomes weak due to fasting. Other reasons are that the consuming of something sweet conforms to the

sweetness of faith; it removes the desire to sleep; and is easier to consume than anything else. Further, some of the

Taabiùun considered it highly recommended to break the fast with anything sweet such as honey. This was transmitted

by Ibn Abi Shayba on the authority of Muàwiyya ibn Qirra, Ibn Sireen and others. All of this is applicable regarding

In it also287 on the authority of Anas again, who said: “The dates should be eaten in odd

numbers.”288

On What Has Been Related Regarding the Glorification of the Èid

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah289 ibn Yusr,290

who said: “When we had finished with the Èid prayer at that hour was the time for the glorification

of Allah.”291

those who are able to do so; if not, then it is merely necessary that he break the fast, even with water in order to achieve

the resemblance of adherence to the Sunna. 287 That is to say, it has also been related regarding Regarding Eating on the Day of Fitr Before Going Out to the Èid

Prayer or it has also been related in the Saheeh of al-Bukhari using the same narration from Marjan ibn Raja on the

authority of Anas ibn Malik. 288 Ibn Abi Jamra made clear intimation to meaning of this by his words: “As for making them an odd number, al-

Muhallab said: ‘This is clear indications of the oneness of Allah taàla. It is for this reason that the Messenger of Allah,

may Allah bless him and grant him peace used to utilize an odd number in al of his affairs, in order to take baraka from

that’.” In a narration of Abu Dawud on the authority of Ibn Masùd: “Utilize an odd number O people of the Qur’an.

Indeed Allah is Uniquely Odd and He loves the odd.” In the narration of al-Bukhari and Muslim on the authority of Abu

Hurayra: “Verily Allah has ninety-nine Names, short of one. No one memorizes them except that he will be entered into

Paradise. He is the Uniquely Odd and He loves the odd.” In the narration of Abd’r-Razaaq on the authority of al-Hassan

mursalaan: “Indeed Allah is Uniquely Odd and He loves the odd. Whoever does not perform the witr is not from among

us.” Thus, the meaning of his words, upon him be blessings and peace: “…He loves the odd”; is that the expression odd

in terms of enumeration is superior to numbers which are even especially regarding His Divine Names because it is a

clear proof of the Oneness of His Divine Attributes. For Allah taàla loves that which is odd in everything, even in

things which are enumerated as odd. He also loves the servant behaving in accordance with His Divine character and

actions, glory be to Him, the Exalted. For this reason the Prophet, may Allah bless him and grant him peace loved

behaving and acting in accordance with what Allah azza wa jalla loved. This prophetic tradition is proof that all the

actions of the Sunna are a manifestation of gnosis of Allah taàla and are indications of His Divine Oneness. 289 Here ends facsimile 28 of the Arabic manuscript. 290 He was Abu Safwaan Abdallah ibn Yusr ibn Abu Basr al-Maazini. He was a Companion who had lived an

exceedingly long age and was the baraka of Syria. The Messenger of Allah, may Allah bless him and grant him peace

said about him: “This youth will live an entire century.” He lived for one hundred years as he said. 291 The meaning of his words: “When we had finished with the Èid prayer at that hour”; is reference to the fact that the

completion of the prayer of the Èid occured at that particular hour similar to the time it was done during the time of the

Messenger of Allah, may Allah bless him and grant him peace. The accusative particle ‘inna’ (indeed) is an indication

of extenuating phrase after a significant one; thus making it a contingent conditional phrase. The origin of this

interpolation is from Ahmad where he explicitly expressed it in the nominative case and with its connecting phrase.

Ahmad then related a prophetic tradition by way of Yazid ibn Khumayr who said: “Abdallah ibn Yusr, the Companion

of the Prophet, may Allah bless him and grant him peace once came out to the people on the day of the Èid’l-Fitr or al-

Ad’haa, and he objected to the Imam tarrying with the prayer. He then said: “We were with the Prophet, may Allah

bless him and grant him peace and we had completed the prayer at this particular time.” This is the same in the

narrations of Abu Dawud on the authority of Ahmad and al-Hakim by way of Ahmad also, who verified its soundness.

The meaning of his words: “…was the time for the glorification of Allah”; is that it took place at the time of forenoon,

which is the time of the glorification of superogatory prayers. Thus when the time passes it is considered a reprehensible

time to perform the Èid prayers. In the a sound narration of at-Tabarani: “…and that was at the time of the glorification

of forenoon.” His saying: ‘the time of glorification’ means that this time is the moment in which the Èid prayer should

commence. This is proof that the prayer of Èid actually takes the place of the glorification of duhaa for that day and is

an indication of the superiority of the prayer of the forenoon. It also provides evidence of the lawfulness of expediting

the performance of the prayer of the Èid, and the reprehensibility of postponing it very late. Some of the scholars said

that it should be performed after the expansion of the sun towards its zenith, and no disagreement is known to exist

regarding this opinion.

On What Has Been Related Regarding Going Out to the Place of Prayer in Empty Spaces and

the Desert on the Days of Èid of Fitr and Ad’haa for Those Not in Mecca It has been related in the Saheeh of al-Bukhari on the authority of Abu Saìd al-Khudri, who

said:292 “The Messenger of Allah, may Allah bless him and grant him peace, used to go outside of

the town to the place of prayer on the days of fitr and ad’haa.”293

292 The prophetic tradition in full as it was related in the Saheeh of al-Bukhari was on the authority of Abu Saìd al-

Khudri who said: “The Messenger of Allah, may Allah bless him and grant him peace, used to go outside of the town to

the place of prayer on the days of fitr and ad’haa. The first thing he would begin with was the prayer and then he would

leave. Immediately after finishing the prayer, he would turn to the people who were sitting in their prayer lines, and then

exhort, admonish them and command them to something. And after that if he wished to send an army for an expedition,

he would do so; or if he wanted to give and order, he would do so, and then depart.” Abu Saìd then said: “The people

continued on this tradition till I went out with Marwan, who was then the Amir of Medina, for the prayer of the Ad’haa

or the Fitr. When we arrived at the place for the prayer, there was a minbar (pulpit) constructed by Kathir bin As-Salt.

When Marwan wanted to mount the minbar before the prayer; I took hold of his clothing but he pulled them and

ascended the minbar and delivered the Khutba before the prayer. I then said to him: “By Allah, you have made

alterations!” He replied: “O Abu Sa'id! Gone is that which you know.” I said: “By Allah! What I know is better than

what I do not know.” Marwan then said: “People do not sit to listen to our Khutba after the prayer, so I delivered the

Khutba before the prayer. 293 The meaning of his words: “…to the place of prayer…”, is that it was a well known locale in Medina which was one

thousand cubits from the door of the masjid, as Umar ibn Shibba said in his Akbar’l-Medina on the authority of Abu

Ghasaan al-Kinaani, the companion of Malik. This prophetic tradition establishes that it is more appropriate for the

khutba to be delivered by the Imam while he is standing on the earth than it would be on the minbar. The difference

between this place of prayer and the masjid is that it should be an empty space, in which the Imam can see everyone

present, in contrast to the masjid which has places some restricted areas where some people can not be seen. It is to this

empty place that the people should go to pray the Èid prayers. Thus, the Èid prayer should only be prayed in the

masjid when there is a necessity to do so. It is for this reason that this prophetic tradition establishes the right of the

scholars to object to the Amirs when they fabricate something contrary to the Sunna. It also establishes the lawfulness of

a scholar swearing to the truthfulness of what he informs others about. It also establishes the proof for it being highly

recommended to go out into the deserts for the Èid prayers, and that it is superior to praying in the masjid. This is due

to the persistence of the Prophet, may Allah bless him and grant him peace doing that although the value of his masjid

was well known. As-Shafi said in his al-Umm: “It has reached us that the Messenger of Allah, may Allah bless him and

grant him peace used to go out during the two Èids to the place of prayer in Medina. This was the same with those who

came after him, except when there was an excuse of heavy rain or the like. This is the same judgment for populations of

the general lands of Islam, except for the people of Mecca.”

On What Has Been Related Regarding It Being Reprehensible to Carry Weapons to the Èid

Prayers for the One Who is Not Carrying Them to Protect Himself In Order That the One

Carrying Them Does not Wound Any People

It has been related in the Saheeh of al-Bukhari on the authority of al-Hassan,294 who said:

“We were prohibited to carry weapons to the Èid prayers, except when there was fear of the

enemies.”295

In it also296 on the authority of Saìd ibn Jubayr, who said: “I was with Ibn Umar at the time

he was wounded with the spearhead of a javelin in the hollow of his foot. He then foisted his foot on

to his riding animal. I then descended and withdrew his foot from it. That was on the day that the

pilgrims had reached Mina. When this news reached al-Hajjaj he tried to visit him. Al-Hajjaj then

said: “If we only knew who wounded you.” Ibn Umar then said: “It was you who wounded me!” He

said: “How was that?” He said: “Because you carried your weapons on a day when it is not

permissible to do so. And you entered weapons into the Sacred Precints, when it is not lawful to

enter weapons into the Sacred Precincts!”297

294 He was Abu Saìd al-Hassan ibn Abu’l-Hassan Tasaar al-Basri. He was the freedman of the Zayd ibn Thabit al-

Ansaari. He was the spiritual master of the people of his time with regard to knowledge and actions. He was the

teaching Shaykh of the people of Basra. He was erudite, illustrious, reliable, a proof, trustworthy, worshipping, ascetic,

possessing extensive knowledge, eloquent, handsome and good looking. He died on the 1st of Rajab in the year of 110

A.H. at the age of 88. 295 In this prophetic tradition is a clear restraint taken from the unrestricted meaning of the words of Ibn Umar that

carrying weapons to the Èid prayers is not lawful. However, there has been narrated many prophetic traditions similar

to this which go back to the Prophet, may Allah bless him and grant him peace which indicate clear restrictions on

doing so as well as no restrictions. In this regard Abd’r-Razaaaq narrated a prophetic tradition with a chain of authority

which is mursal saying: “The Messenger of Allah, may Allah bless him and grant him peace prohibited going out to the

Èid with weapons.” Ibn Maja narrated a prophetic tradition with a weak chain of authority on the authority of Ibn

Abass: “The Prophet, may Allah bless him and grant him peace prohibited wearing weapons in the lands of Islam

during the two Èids, except when the enemies were present.” All of these narrations were clearly narrated regarding the

Èid, as for wearing weapons in the Sacred Masjid of Mecca, it has been related b Muslim by way of Ma`qil ibn Ubayd

on the authority of Abu’z-Zubayr on the authority of Jaabir who said: “The Messenger of Allah, ma Allah bless him and

grant him peace prohibited the people from carrying weapons in Mecca.” 296 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding It Being Reprehensible to Carry

Weapons to the Èid Prayers for the One Who is Not Carrying Them to Protect Himself In Order That the One Carrying

Them Does not Wound Any People. 297 The meaning of his words: “I was with Ibn Umar at the time he was wounded with the spearhead of a javelin in the

hollow of his foot”; is that the expression ‘akhmas’ (the hollow of the foot) where the letter khaa is inflected with the

sukuun and the letter meem is inflected with fat’ha and the letter after it is undottedl is the innerpart of the foot and the

tender part of the sole. It is said that it refers to the middle part of the inner sole which does not touch the earth when

one walks. The meaning of his words: “He then foisted his foot on to his riding animal”; is while he was mounted on it.

The meaning of his words: “When this news reached al-Hajjaj”; that is to say, the son of Yusef at-Thaqafi, who at that

time was the amir over the entire Hijaaz, after the murder of Amir’l-Mu’mineen Abdallah ibn az-Zubayr, may Allah

taàla be pleased with them. The meaning of his words: “…he tried to visit him. Al-Hajjaj then said: “If we only knew

who wounded you”; is consistent with what Ibn Sa`d related on the authority of Abu Nuàym on the authority of Is’haq

ibn Saìd who said that al-Hajjaj said: “If we knew who wounded you, we would punish him.” In another narration he

said: “If you only knew who wounded you, I would strike off his head!” The meaning of his words: “Ibn Umar then

said: “It was you who wounded me!”; is that in this is the principle of attributing an action to the command of a thing

being the causative factor for that action, even when the command did not exactly specify the action. However, az-

Zubayr transmitted in his al-Ansaab that Abd’l-Malik when he wrote to al-Hajjaj he ordered him not to contradict Ibn

Umar in his complaints to him; he al-Hajjaj, then ordered a man with him to take a spear which had been poisoned.

Then the man was ordered to adjoin himself to Ibn Umar and was ordered to stick the spear in his foot. As a result Ibn

Umar became ill for some days and then died. This was in the year 74 A.H. It was due to this that the statement of Ibn

Umar actually attributes the action to the one who gave the command, indicating his knowledge of the intrigues of al-

On What Has Been Related Regarding Going A Different Direction On the Return From the

Èid298 It has been related in the Saheeh of al-Bukhari on the authority of Jaabir ibn Abdallah, who

said: “The Prophet, may Allah bless him and grant him peace, used to redirect himself on the way

returning on the day of the Èid.”299

Hajjaj. The meaning of his words: “He said: “Because you carried your weapons on a day when it is not permissible to

do so. And you entered weapons into Sacred Precints, when it is not lawful to enter weapons into the Sacred

Precincts!”; meaning that our companions followed you in carrying weapons into the Sacred Precinct. Or what he meant

by his words ‘…you carried…’; is that you actually commanded him to carry it. This occurred on the day of the Èid. It

follows in this narrative that al-Muhallab extracted as evidence from it the principle of preempting legal arguments

(sadd ‘d-dharaai`) because it was constructed on the idea that al-Hajjaj did not actually intend to cause harm to Ibn

Umar. However, the sound view is that he did actually intend to harm him. 298 That is to say, different from the wa that one went to the place of prayer. 299 In the narration of al-Ismaìli: “When he went out to the Èid, he would return another way from the way he went.”

At-Tirmidhi said: “Some of the people of knowledge extract from this that this action is highly recommended for the

Imam.” This is the opinion of as-Shafi`, however in his al-Umm he considers it highly recommended for the Imam and

those who follow him. This is the opinion held b the majority of the followers of as-Shafi`. Ar-Raafi` said: “In short, no

one required to do this except the Imam.” Qadi Abd’l-Wahaab al-Maliki said: “The Imam should do this so that the

people of both directions can witness him. It is said that this includes those who reside in the two ways from among

men and jinn. It is said that this should be done so that equity can be established between them in the advantage of the

bounty of his passage. Or so that equity can be established between them in their receiving baraka from him. Or so that

they can all smell the fragrance of the musk in the road in which he passes, because the Imams were known for that. It is

said that this was originally done because the road to the place of prayer was in the south of the city, so when he

returned he would take the direction of the north of the city. Thus he would return in another direction from which he

went originally. It is said that this should be done in order to make manifest the rites of Islam in both directions. It is

said that this is in order to manifest the remembrance of Allah. It is said that this is in order to irritate the hypocrites and

the Jews, and it is said that this is in order to incite fear in them by the large numbers of people with him. It is said that

this is done in order to be on guard against the intrigues of the hypocrites and Jews or against one of them. It is said that

this is done in order cause joy to become general among them by means of his passing, or in order that they can take

baraka from him as a result of his passage and their seeing him, and that they can attain advantage from him in fulfilling

their needs regarding legal decisions, instructions, adherance, guidance, the giving of alms, his giving of the greetings of

peace to them and other than these. It is said that this should be done in order that visitations can be made to the

relatives among the living and the dead, as well as to connect the bonds of kinship. It is said that it should be done in

order to bring about cheerfulness among them by the alteration of their circumstances to that of forgiveness and

contentment. It is said that during his passage to the place of prayer the Imam should give alms, and when he returns

there usually does not remain any wealth with him, thus he returns in another direction so that he does not have to turn

away those who ask. However, this last point is extremely implausible because it requires proof to corroborate it.

Finally, it is said that this is done simply in order to to decrease the number of the crowd walking with him.”

On What Has Been Related Regarding Beginning With the Prayer on the Day of the of

Sacrifice300 It has been related in the Saheeh of al-Bukhari on the authority of al-Bara’,301 who said that

the Messenger of Allah, may Allah bless him and grant him peace, said in a sermon on the day of

sacrifice: “The first thing that we begin with on this day of ours is we pray then return and make our

sacrifices. Whoever has done so, has accomplished our Sunna.”302

On What Has Been Related Regarding Glorifying Allah During the Days at Mina303 at the

End of Every Prayer304

It has been related in the Saheeh of al-Bukhari:305 “Ibn Umar, may Allah be pleased with

him, used to glorify Allah during the days at Mina after every prayer, on his bed, in his tent, while

sitting and while walking, and during the whole of these days of Mina. Maymuna used to glorify

Allah on the day of sacrifice. And the women used to glorify Allah when praying behind Aban ibn

Uthman and Umar ibn Abd’l-Azeez on the nights of tashreeq (11th

, 12th

, and 13th

of Dhu’l-Hijja)

along with the men in the mosque.”306

300 As for the prophetic tradition of al-Bara’ its apparent wording seems to contradict its proper interpolation because

his words: “The first that we began with on the day of ours is that we pray then return and make our sacrifices”; gives

the perception that these words occurred before the occurrence of the prayer, which then necessitates the sermon

preceeding the actual prayer, based on the assumption that these words were actually apart of the sermon of the

Messenger of Allah, may Allah bless him and grant him peace, and since the prayer is followed by the sacrifice.

However, the correct explanation is that what was intended is that he, may Allah bless him and grant him peace prayed

the Èid, and then made the khutba in which he said the following statement. 301 He was Abu Àmaara al-Bara’ ibn Àazib ibn al-Haarith al-Ansaari al-Haarithi al-Medini. He was from among the

notables of the Companions. His collection of prophetic traditions amounted to 305 from which twenty-two were cited

in the two Saheeh collections. Al-Bukhari transmitted 15 isolated traditions from him while Muslim transmitted 6. He

died in the year 71 A.H. 302 The meaning of his words: “the Messenger of Allah, may Allah bless him and grant him peace, said in a sermon on

the day of sacrifice”; is that it was the day of the Èid’l-Ad’haa as Mansuur stated it explicitly in his narration on the

authority of as-Sha`bi regarding the same prophetic tradition because the cited speech occurred during the khutba. The

wording of Mansuur on the authority of al-Bara’ ibn al-Àazib who said: “The Prophet, may Allah bless him and grant

him peace gave a khutba to us on the day of al-Ad’haa and said…” and he went on to cite the following tradition. The

meaning of his words, upon him be blessings and peace: “The first thing that we begin with on this day of ours is we

pray”; and then the Imam gives the khutba after the prayer. The meaning of his words, upon him be blessings and peace:

“…then return and make our sacrifices”; is that the meaning of the prophetic traditions of al-Bara’ establishes the

invalidation of the sacrifice made before the prayer, by the apparent statement of his words from another path of

transmission: “Whoever offers sacrifice before the prayer has no sacrifice.” That is to say, that whoever sacrifices his

animal before the prayer, then he has not performed the sacrifice, which means that he has not fulfilled the sacrifice of

slaughtering his animal properly. The meaning of his words, upon him be blessings and peace: “Whoever has done so,

has accomplished our Sunna”; is evidence that the proper time of the animal sacrifice should begin after the

performance of the prayer. 303 Here ends facsimile 29 of the Arabic manuscript. 304 That is to say, it should be done the day of the Èid and the three days following it. 305 That is to say, it was related on the authority of Abu Sa`d Abaan ibn Amir’l-Mu’mineen Uthman ibn Àfaan al-

Umawi al-Medini. He was an Imam and jurists, whose mother was Umm Àmr bint Jundub. He was the amir of al-

Medina during the time of the khilaafa of Abd’l-Maalik ibn Marwaan for seven years. Àmr ibn Shuàyb said: “I have

never seen anyone as knowledgeable in the science of prophetic traditions and jurisprudence as Abaan ibn Uthman.” He

died in the year 105 A.H. This narrative was obtained from Abu Bakr ibn Abi’d-Dunya in his Kitaab’l-Èidayn. 306 The meaning of his words: “Ibn Umar, may Allah be pleased with him, used to glorify Allah”; is that as for the

wording of the glorification the soundest which has been transmited is what was related b Abd’r-Razaaq with a sound

chain on the authority of Salman who said: “Glorify Allah b saying: ‘Allahu akbar, Allahu akbar, Allahu akbar,

kabeera’.” It has been transmitted by Saìd ibn Jubayr, Mujaahid, Abd’r-Rahman ibn Abi Layla, which Ja`far al-

On What Has Been Related Regarding the Rain Prayer

It has been related in the Saheeh of al-Bukhari on the authority of Àbaad ibn Tamim307 on

his uncle,308 who said: “The Prophet, may Allah bless him and grant him peace, went out to the

place of prayer to pray for rain. He faced the qibla and prayed two rakàts.”309

Fariaabi related in the Kitaab’l-Èidayn b way of Yazid ibn Abi Ziyaad on the authority of the above mentioned

transmitters, which also the opinion of as-Shafi` who added that one should say: “…wa lillahi’l-hamd.” It is also said

that one should glorify Allah taàla three times with Allahu akbar and then add: “Laa ilaha illa Allah wahadahu laa

shareeka lahu” to the end. It is said that one should glorify Allah two times b saying: ‘Allahu akbar’ and then say after

that: ‘laa ilaha illa Allah, wa Allahu akbar, Allahu akbar wa lillahi’l-hamd’; which comes to us b way of Umar; and

something similar was transmitted on the authority of Ibn Masùd, and is the expressed opinions of Ahmad and Is’haq.

However, in these times people have added some additional words which have no foundation to them. The meaning of

his words: “…during the days at Mina after every prayer on his bed, in his tent, while sitting and while walking, and

during the whole of these days”; is that the custom inclusive in this prophetic tradition is that the existence of the

glorification should be performed during these days at the end of every prescribed prayer, as well as in all other

circumstances. The meaning of his words: “…Maymuna used to glorify Allah on the day of sacrifice”; refers to the

Maymuna the daughter of al-Haarith, the wife of the Prophet, may Allah bless him and grant him peace. The meaning

of his words: “…. And the women used to glorify Allah”; are the women of al-Medina. This is evidence for the

permissibility of women being present for the prayers in the mosques. The meaning of his words: “…when praying

behind Aban ibn Uthman”; is that he was above mentioned Abaan ibn Amir’l-Mu’mineen Uthman ibnÀfan, who was

the Amir of al-Medina at that time. The meaning of his words: “…and Umar ibn Abd’l-Azeez”: is that he was the

Amir’l-Mu’mineen and the mujaddid of the first century of Islam Abu Hafs Umar ibn Abd’l-Aziz ibn Marwaan ibn al-

Hakam ibn Abi’l-Àas ibn Umayya ibn Abdushams ibn Abdumanaaf ibn Qusay ibn Kilaab al-Qurayshi al-Umawi al-

Medini. He was the Imam, traditionist, learned mujtahid, ascetic, worshipping and spiritual master. He was from among

the Imams of independent judgment and Rightly Guided Khalifs. His mother was Umm Àasim bint Àasim ibn Umar

ibn al-Khataab. He was appointed Amir of al-Medina in the year 86 A.H. until 93 A.H. It was then that the people

prayed the Èid prayers behind him. The meaning of his words: “…on the nights of tashreeq (11th

, 12th

, and 13th

of

Dhu’l-Hijja) along with the men in the mosque”; is that the phrase tashreeq refers to the days of tashreeq, which are the

three das after the day of sacrifice, which is the 10th

of Dhu’l-Hijjah. These days are called tashreeq because they are

the days in which the meat of the sacrificed animals is laid out in strips in the sun to dry. Regarding the glorifications

performed on these days there is disagreement among the scholars in several areas. Among them are those who restrict

the glorifications to be done after all prayers. Among them are those who specify the glorifications to be done after the

prescribed prayers and not superogatory. Among them are those who specify the glorifications to be performed by men

and not women; however, this contradicts the apparent expression of the prophetic tradition: “…along with the men in

the mosque.” Some say it should be done while in congregation and not individually; while performing current prayers

and not missed prayers; by those resident and not those traveling and those who reside in the metropolis and not those

living in small villages. It is apparent that al-Bukhari chose this prophetic tradition because it is inclusive of all the

above opinions and corroborates them. Also among the scholars there is disagreement regarding when the glorifications

should begin and when they should end. It is said it should begin on the subh of the day of Àrafa. It also said that it

should begin after the dhuhr of that same day. It is also said after its àsr. Others say that it should begin after the subh

of the day of sacrifice, while others say after the dhuhr of the same day. It is said that it should end after the dhuhr of

the day of sacrifice, while others say after its àsr. Some say that it should end after the dhuhr on the second day of

sacrifice, while some say that it should end after the subh on the last of the days of tashreeq. Others say after the dhuhr

of the same day, while others say after its àsr. The soundest opinion, however, is what was narrated on the authority of

the Companions: Ali and Ibn Masùd that it commences on the subh of the day of Àrafa until the last of the days of

Mina, as ibn al-Mundhir related. 307 He was Àbaad ibn Tamim ibn Ghaziyya al-Ansari al-Maazini. 308 He was Abdallah ibn Zayd ibn Àasim ibn Ka`b, who was known as Ibn Abi Umm Àmaara. He was one of those

who killed Musaylama with the sword along with the lancing of the spear of Wahshi. He was killed at the Battle of al-

Huura in the year 63 A.H. 309 The meaning of his words: “The Prophet, may Allah bless him and grant him peace, went out to the place of prayer

to pray for rain”; means that he performed the supplication prior to the actual prayer for rain. However because al-

Bukhari meant that when he turned his cloak inside out, it was at that time he made supplication as well. An indication

of his custom in that is in what was related in some of the paths of prophetic tradition. It has passed regarding the

custom of the prayer of rain in that respect the following wording: “…when he desired to make supplication, he faced

In it also310 on the authority of his uncle,311 who said: “The Prophet, may Allah bless him

and grant him peace used to pray two rakàts and recited outloud in them.”312

On What Has Been Related Regarding the Prayer of the Eclipse of the Sun313

It has been related in the Saheeh of al-Bukhari on the authority of Abu Bakra,314 who said:

“We were with the Prophet, may Allah bless him and grant him peace, when the sun eclipsed. The

Prophet, may Allah bless him and grant him peace, then stood up and walked dragging his cloak

until he entered the mosque. We entered and he prayed with us two rakàts continuously until the

sun reappeared.”315

the qibla and turned his cloak over.” Now, the method of reversing the cloak, it is that the right hand should take hold of

lower part of the leftside of the cloak, and the left hand should also take hold of the lower part of the rightside of the

cloak. He should then turn his hands behind his backs where the edge of the cloak in his right hand is sitting on his right

shoulder and the edge of the cloak in his left hand is sitting on his left shoulder. Thus, when he does this the right side

of the cloak will be transfered to the left and the left side of the cloak will be transfered to the right; the upper part of the

cloak will be transferred to bottom; and the inside of the cloak will be transferred to its opposite. At that time Allah

taàla will overturn His heaven and rain will pour forth from it, by His permission. Realize that this should take place

when the Imam exalts Allah when he faces the qibla and make supplication. The majority of the scholars consider it

highly recommended that the people following the Imam also turn their cloaks inside out at the time the Imam does.

This is corroborated by what was related by Ahmad on the authority of Àbaad in the prophetic tradition: “…and the

people should turn their cloaks inside out with him.” Al-Layth and Abu usef said: “The Imam should turn his cloack

inside out alone.” Ibn al-Majishun made an exception for women when he said: “It is not highly recommened regarding

women to do this.” The meaning of his words: “He faced the qibla and prayed two rakàts”; is that it has been related

regarding the facing of the qibla and making supplication from the actions of the Prophet, may Allah bless him and

grant him peace in enumerous prophetic traditions. Among them is the prophetic tradition of Umar with at-Tirmidhi

from Ibn Abass on the authority of Umar: “On the Day of Badr, the Messenger of Allah, may Allah bless him and grant

him peace gazed upon the idolaters and then turned and faced the qibla, raised his hands and began to cry out to his

Lord.” In the prophetic tradition of Ibn Masùd: “The Prophet, may Allah bless him and grant him peace faced the

Kaàba and made supplication against a party of the Quraysh.” In the prophetic tradition of Abd’r-Rahman ibn Taariq

on the authority of his father: “When the Messenger of Allah, may Allah bless him and grant him peace ascended a high

part of the house he would then turn towards the qibla and make supplication.” This was related by Abu Dawud and an-

Nisaai’ utilizing the latters wording. In the prophetic tradition of Ibn Masùd: “I saw the Messenger of Allah, may Allah

bless him and grant him peace standing in the grave of Abdallah Dhu’n-Najaadayn” in which he said: “When he

finished burying him, he turned towards the qibla and raises his hands to the heavens…”. This prophetic tradition was

related b Abu Àwaana in his Saheeh. 310 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Rain Prayer. 311 That is to say, it was related in the Saheeh of al-Bukhari also on the authority of Àbaad ibn Tamim ibn Ghaziyya al-

Ansaari al-Maazini on the authority of his uncle Abdallah ibn Zayd ibn Àasim ibn Ka`b, who was known as Ibn Umm

Àmaara; as mentioned previously. 312 There is unanimous agreement regarding it being highly recommended to perform two rakàts for the rain prayer.

Likewise it has been transmitted from the consensus of the scholars to recite them outloud. 313 Apart of the wisdom of the occurrence of eclipses is to clarify the complete transformations which will occur on the

Day of Judgment, the form of the punishment of those who not commited sins; as well as clarification of the spiritual

path of fear of Allah along with hope of Him when the celestial bodies are eclipsed and when the eclipse is completed,

so that the believer can remain with his Lord in a state of fear and hope. 314 He was Abu Bakra Nufay` ibn al-Haarith at-Thaqafi al-Habashi. He was the freedman of the Prophet, may Allah

bless him and grant him peace, and was one of the jurists of the Companions. He died in Basra during the vicegerency

of Muàwiyya in the year 51 A.H. 315 The meaning of his words: “We entered and he prayed with us two rakàts continuously”; is proof for those who say

that the eclipse prayer is a supergotory prayer, because it occurred on the day of the death of Ibrahim, the son of the

Prophet, may Allah bless him and grant him peace. He was our master Ibrahim, the son of Prophet Muhammad ibn

Abdallah, may Allah bless him and grant him peace. His mother was the Mother of the believers Maria bint Shamùun

the Coptic, the master of the daughters of the Nile, and by far the most splendid of the daughters of Africa. The birth of

On What Has Been Related Regarding the Methodology of Praying During the Eclipse

It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, who said: “There

was an eclipse of the sun in the time of the Messenger of Allah, may Allah bless him and grant him

peace, and the Messenger of Allah, may Allah bless him and grant him peace, led the people in

prayer. He stood, and did so for a long time. Then he went into rukù, and made the rukù long.

Then he stood again, and did so for a long time, though not as long as the first time. Then316 he went

into rukù, and made the rukù long, though not as long as the first time. Then he went down into

sajda, and made the sajda long. He then did the same in the second rakàt. When he finished the sun

had reappeared. He then gave a khutba to the people, in which, he praised and glorified Allah and

then said: “The sun and moon are two signs from the signs of Allah. They do not eclipse for the

death of anyone or for his life. When you see an eclipse, call on Allah and say, ‘Allahu akbar’ and

then give charity.” Then he said: “O Umma of Muhammad! By Allah, there is no one more jealous

than Allah of a male or female slave of His who commits adultery. O Umma of Muhammad! By

Allah, if you knew what I knew, you would laugh little and weep much’.”317

Ibrahim occurred in the month of Dhu’l-Hijja in the year 8 A.H. It has been related on the authority of Abd’r-Rahman

ibn Zaaad who said: “When Ibrahim was conceived Jibril came to the Prophet and said: ‘Peace be with you O Father of

Ibrahim! Indeed Allah has given you a son from Maria, the mother of our son. He orders you to name him Ibrahim.

Allah will give you baraka by means of him and He has made him the coolness of our eyes in this life and the Next’.”

Al-Asbat said on the authority of Ismaìl ibn Abd’r-Rahman who said: “I once asked Anas ibn Malik: ‘How much did

Ibrahim, the son the Prophet, may Allah bless him and grant him peace attain in years?’ He said: ‘He reached the age as

a boy where his body completely filled his cradle. Had he remained on earth he would have been a prophet. However, it

was inconceivable that he remain because your Prophet, may Allah bless him and grant him peace was the last of the

Prophets’.” Imam Ahmad said on the authority of Anas ibn Malik who said: “If Ibrahim, the son of the Prophet, may

Allah bless him and grant him peace had lived he would have been a champion of truth and a prophet.” He died when

he was sixteen months. The Messenger of Allah, may Allah bless him and grant him peace said: “Bury him in Baqià.

He was still nursing and his nursing will be completed in Paradise.” The meaning of his words: “…until the sun

reappeared”; is proof that the prayer of the eclipse should extend until the reappearance of the celestial body. It has been

related by Abd’r-Razaaq with a sound chain on the authority of Abu Qilaaba: “…that each tme he, may Allah bless him

and grant him peace had prayed two rakàts, he would send a man to see if the celestial body had reappeared.” 316 Here ends facsimile 30 of the Arabic manuscript. 317 The meaning of her words: “There was an eclipse of the sun in the time of the Messenger of Allah, may Allah bless

him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, led the people in

prayer”; is evidence that he, may Allah bless him and grant him peace used to always keep his ablution. It is for this

reason he was not required to make the ablution in that circumstance. In this also is that being persistent in a state of

purification is among the traits of the believer and one of the tokens of those who travel the spiritual Path to Allah

taàla. It is also conceivable that the narrator simply omitted the fact that he made the ablution. Thus, he could have

performed the ablution, then stood and prayed because there is no textual evidence that he was still in ablution. The

meaning of her words: “He stood, and did so for a long time”; is understood by what was related in the narration of Ibn

Shihaab: “…he then recited Qur’an for an extensive time.” It has been related regarding the end of that prayer from the

perspective of another narration: “…he then recited a long chapter of the Qur’an.” In the prophetic tradition of Ibn

Abass it states: “…he then recited something like the chapter al-Baqara in the first rakàt.” Something similar was

related by Abu Dawud by way of Sulayman ibn asaar on the authority of Ùrwa who added: “…he recited in the first

standing of the second rakàt something like Aali Ìmraan.” This provides evidence that the form of prayer of the

eclipse is distinguished by length one stands which should exceed the customary length of the standing in the other

prayers; as well as exceed in the length one bows in every rakàt. It also indicates that reciting aloud in the prayers of

the eclipse is foremost, because it is a congregational prayer to which the people are summoned to, and for which a

sermon is performed. In this way it resembles the Èid prayer and the prayer for rain. Our proof in this is in from Ahmad

on the authorit of Abd’s-Samad ibn Abd’l-Waarith on the authority of Sulayman: “The sun was eclipsed during the time

of the Prophet, may Allah bless him and grant him peace; and the Prophet came performed the takbir and then the

people made takbir. He then recited the Qur’an aloud.” The meaning of her words: “Then he went into rukù, and made

the rukù long. Then he stood again, and did so for a long time”; is understodd more clearly by what was related first in

the narration of Ibn Shihaab: “…he then said: ‘Allah listens to the one who praises Him’”; and secondly by the

additional phrase narrated from another perspective regarding the end of the eclipse that he, upon him be blessings and

peace said: “…our Lord and to You are the praises.” These two narrations gives evidence of it being highl

recommended to perform the lawful remembrances during the rising of the first part of the second standing from the

first rakàt. The meaning of her words: “…though not as long as the first time. Then he went into rukù, and made the

rukù long”; is that there has not been narrated anything from the paths of transmission clarifying what he said at that

time, except that the scholars are unanimous that there should be no recitation of the Qur’an; and that only glorification

of Allah, extolling Him and the like is permitted. Nothing is related in these narrations mentioning the actual length of

the standing after rising from ruku`; in the prostration after it, or regarding the length of the sitting performed between

the two prostrations. The meaning of her words: “…though not as long as the first time”; is that when going down into

the second bowing occured, he would perform it as it is customarily performed. The wisdom in elongating and

shortening the time of the bowing was based upon the speed and slowness in going down. Normally, when going down

in the first bowing he restricted it similar to what is performed in the normal superogatory prayers. However, when he

performed it slowly he would elongate the bowing. When he elongated the going down he would subsequently increase

its time by a third, and this like what was transmitted in the whole of that. The meaning of her words: “Then he went

down into sajda, and made the sajda long”; is that he elongated the time of the prostration beyond what he normal

performed in the prostrations of the superogatory prayers, by performing lengthy remembrance of Allah and

supplication. The meaning of her words: “He then did the same in the second rakàt”; is that he performed it the way he

performed the first rakàt. The meaning of her words: “…then when he finished”; is that when he had completed the

prayer. The meaning of her words: “…the sun had reappeared”; is made clearer in what was related by Ibn Shihaab:

“…the sun had reappeared before he completed the prayer.” In narration of an-Nisaai`: “…he then made the tashahhud

and then the salaam.” The meaning of her words: “…He then gave a khutba to the people”; is that the sermon is made

lawful in the prayers of the eclipse. It is amazing in this context that Malik transmitted this prophetic tradition from

Hisham in which explicit reference is made to the sermon being made, however none of his companions adhere to it.

The meaning of her words: “…in which he praised and glorified Allah”; is understood more clearly in what an-Nisaai`

added in the prophetic tradition of Samra: “…he bore witness that he was the servant of Allah and His Messenger.” The

meaning of his words, upon him be blessings and peace: “The sun and moon are two signs from the signs of Allah.

They do not eclipse for the death of anyone or for his life. When you see an eclipse, call on Allah and say, ‘Allahu

akbar’ and then give charity”; is that in this is clear refutation o those who claim that the celestial bodies have

operational influence upon the earth, due to his negating this from the sun and moon, therefore how is it not the same

case with the planets and stars besides them. The meaning of his words, upon him be blessings and peace: “O Umma of

Muhammad!”; is that in this is a reference to cautioning in the same manner that a parent speaks to its child when he or

she desires to caution it; indicated by the words: “O my child!” Similar to that is his saing, upon him be blessings and

peace: “O Fatima bint Muhammad! I cannot suffice you in anthing against Allah!” The meaning of his words, upon him

be blessings and peace: “By Allah! There is no one more jealous than Allah!”; means that there is no one more

reproachful of corruption than Allah. For the jealousy of Allah is what He transforms in the circumstances of the

disobedient person in this life and the next, or what He alters in him of one of the two worlds. From this meaning is

taken His words: ‘Indeed Allah does not alter what is with a people until they themselves alter what is with their souls.’

Ibn Daqeeq al-Èid said: “The people who free Allah taàla of any traits of creation have two opinions regarding the

meaning of the ‘jealousy of Allah’: they are either silent about it; or the interpolation is that what is meant by ‘jealousy’

is the severity of His hindering and safeguarding from it. Thus, the phrase ‘jealousy’ is a concomitant metaphorical

expression.” At-Tayyibi and others said: “The way to reconcile this meaning is by what was stated before it in his

words: ‘…therefore remember Allah’; from the perspective that since they are ordered to ward off hardships and

disasters by way of remembrance, supplication, prayer and giving of alms is intimately connected to their restraint from

acts of disobedience which are the causative factors for incurring hardships and disasters. He specifies

adultery/fornication because it is the most enormous of these kinds of sins.” It is said that because this kind of act of

disobedience is the worst sort and this most severe of them in its influence upon the arousal of the souls and the

prevailing of the Anger of Allah, then it is related innately to their having fear of Allah in that station from the seizing

the Lord of Jealousy and from acting contrary to Him, sub’hanahu wa taàla. The meaning of his words, upon him be

blessings and peace: “…of a male or female slave of His who commits adultery. O Umma of Muhammad! By Allah, if

you knew what I knew”; is that if they only knew of the immensity of the omnipotence of Allah, and severity of His

vengeance against the people of wrongdoing. It is said that it means that ‘if your knowledge was as persistent as my

knowledge’, because his knowledge, upon him be blessings and peace is continual unlike others. It is said that it means

that ‘if you onl knew of the vastness of the mercy of Allah, His forbearance and other than that, similar to what I know,

you would weep due to what has missed ou from that. The meaning of his words, upon him be blessings and peace:

“…you would laugh little”; is that it is said that ‘little’ in this regard means actually nonexistence or absence; and

On What Has Been Related Regarding the Prayer of the Eclipse of the Moon

It has been related in the Saheeh of al-Bukhari on the authority of Abu Bakra, who said that

the Messenger of Allah, may Allah bless him and grant him peace, said: “The sun and moon are two

signs from the signs of Allah. They do not eclipse because of the death of anyone. When that

happens, you should pray and supplicate until they reappear to you.”318

implies that you would leave laughing and it would rarely occur from you due to your overwhelming fear and the

remorse which predominates you. The meaning of his words, upon him be blessings and peace: “…and weep much”; is

a reproach against much laughter and an encouragement to much weeping. All of this is realized by what a person will

eventually experience from contemplating death, annihilation and reflecting on the signs of Allah. 318 In this prophetic tradition is clear invalidation of what the people of ignorance believe regarding the effective

influence which the celestial bodies have upon the earth. Al-Khataabi said: “In the age of ignorance they used to believe

that the eclipse necessitated an event which would bring about some alteration in the earth, such as death or some

danger. Thus, the Prophet, may Allah bless him and grant him peace indicated by his words that these kinds of beliefs

were false; and that the sun and the moon were merely two created entities which were under the complete subjugation

of Allah that possessed no external authority over anything; and has no power to ward off danger from themselves.” In

this prophetic tradition is an indication of compassion of the Prophet, may Allah bless him and grant him peace towards

his Umma, and the severity of his fear of his Lord. It also establishes the fallacy of the belief regarding the operative

tangible influence of the stars. Sultan Muhammad Bello ibn Shehu Uthman ibn Fuduye` in his Tanbeeh Ahl’l-Fuhuum:

“It has been related by al-Harith ibn Abi as-Sa’a on the authority of Abdallah ibn Àwf ibn al-Ahmar that Musafi ibn

Àwf ibn al-Ahmar once said to Ali ibn Abi Talib, may Allah be pleased with him when he intended to leave with the

army from al-Anbar against the people of an-Nahraraan: ‘O Amir’l-Mu’mineen do not travel in this particular hour.

Wait to travel after three hours have passed from the day.’ Ali then said: ‘Why?’ He said: ‘Because if you travel in the

hour which I ordered, you will triumph, be made manifest, achieve your desires.’ He then said: ‘Muhammad, may Allah

bless him and grant him peace did not have an astrologer nor do those after him! Do you know what is inside the the

stomach of this stallion of mine?’ He said: ‘If I make calculations then I will know.’ Ali then said: ‘Whoever believes

you in those words have denied the Qur’an, Allah taàla says: ‘Verily with Allah is the Hour. He alone causes the

downpour of rain, He knows what is in the wombs, what the soul knows, what it earn tomorrow. No one knows in which

land he will die. Indeed Allah is the Knowing the Aware.’ Muhammad, may Allah bless him and grant him peace did not

invite to the knowledge which you are claiming to know. Do you claim that you are guided to knowledge of the hour in

which evil befalls those who travel in it?’ He said: ‘Yes.’ He said: ‘Whoever verifies you in these words has made

himself free of Allah azza wa jalla turning harm away from him. It is necessary for the person relying on your

commands to make you the controller of the affair over and above Allah as his Lord; because you are claiming that you

have been guided to the hour in which a person can be saved when he travels in it. Whoever believes in these words

does not really believe in Allah, because he has become like one who has taken besides Allah a helper and opposite. O

Allah! There are no dangers except the danger You bring. There is no good except the good You bring.’ He then said to

him: ‘Therefore, we deny you and will act on contrast to you! We will travel in the very hour which you prohibited us!’

He then turned to the people and said: ‘O people beware of studying these stars except that which will guide in the

darkness of the traveling across the lad and sea. Verily the astrologer is like a disbeliever and the disbeliever is in the

Fire! By Allah! If it reaches me that any of you are examining the stars and acting in accordance with what you see in

them, I will place him permanently in prison as long as he remains; and will forbid him food, as long as I am in

authority!’ He then said: ‘If we travel in the hour which he commanded us, and we attain victory and manifestation over

the enemies, a person will say that we traveled in the hour which an astrologer ordered us to travel. Muhammad did not

have an astrologer nor do we after him have them. For Allah conquered for us the lands of the Kosroe, Ceasar and the

remainder of the lands. O people rely soley upon Allah, and be fearful aware of Him, for He alone will suffice you

against all besides Him’.” Here ends what he said and with its ending, I end the commentary upon The Book of the

Prayer of Fear, the Two Èid Prayers, the Rain Prayer, and the Eclipse Prayer, and success is with Allah. O Allah I ask

You for every good which Your knowledge encompenses in this world and the Next, and I seek refuge with You from

every evil which Your knowledge encompenses in the this world and the Next. O Allah give us success in following the


that he has with You.

Kitaab’l-Janaa’iz (The Book of Funerals)319

On What Has Been Related Regarding Instructing Those Dying the Words of the Shahada at

the Point of Death320

It has been related in the Saheeh of Muslim on the authority of Abu Hurayra that the Prophet,

may Allah bless him and grant him peace, said: “Instruct those dying among you the words of:

‘There is no deity except Allah’;” that is to say, along with: ‘Muhammad is the Messenger of

Allah.’321

319 The expression ‘janaa’iz’ (funerals) is plural for jinaaza, and it is a reference to the deceased lying on his funeral

bier. If there is no deceased on it, then it refers to the actual bier and casket. An-Nawwawi said: “The expression

‘jinaaza is vocalized where the letter jim is inflected with kasra and fat’ha, but the first is more linguistically accurate.

However, the plural expression janaa’iz is only vocalized where the letter jim is inflected with fat’ha.” The Shehu, may

Allah be merciful to him said in his Mirat’t-Tullab: “Allah taàla says: ‘And do not ever pray upon anyone of them when

he dies, and do not stand over their graves, because they disbelieved in Allah and His Messenger and died while they

were corrupt’. It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra: ‘The Prophet, may Allah

bless him and grant him peace informed his Companions about the demise of the an-Najaashi. He then went forward

and the people prayed behind him. He then made four takbirs’. I say: The saying of Allah azza wa jalla: ‘And do not

ever pray upon anyone of them when he dies, and do not stand over their graves’; is textual evidence regarding the

prohibition of praying over the disbeliever, as Ibn al-Àrabi said in the al-Ahkaam. As-Shabrakheeti said in his

commentary on the al-Mukhtasar: ‘There is disagreement regarding whether the prayer over the deceased is incumbent

as a collective obligation, which is the opinion of the majority of the scholars and was the preponderant opinion of al-

Faakihaani and others; or whether it is considered a Sunna. As for burying the deceased, that is to say, wrapping the

deceased and enclosing him in his funeral chamber, it is a collective obligation without any disagreement, with the

exception of Ibn Yunus, who cited that it was a Sunna to wrap the body’.” 320 The imperative statement to recite these two phrases is a command indicating that it is highly recommended. The

scholars are agreed regarding this instruction to recite these two phrases, but they consider it reprehensible to make

them repeat it a lot, and doing it continuously, so that it does not cause annoyance by constricting the state of the person

dying and making the pangs of death more severe for him. This will result in his heart disliking it or it will induce him

to speak about matters which are of no concern. Al-Qaari said in his al-Marqaat: “The majority of the scholars agree

that it is highly recommended for him to instruct the dying to recite these two phrases.” The apparent reading of the

following prophetic tradition implies an obligation and this is the opinion of the majority of the scholars. However,

some of the followers of Malik have transmited that this is a Sunnan about which there is unanimous agreement. 321 The meaning of his words, upon him be blessings and peace: “Instruct those dying among you”; is that what is

meant by those dying in the prophetic tradition are those who are approaching death, and not those who are actually

dead. The meaning of his words, upon him be blessings and peace: “…the words of: ‘There is no deity except Allah’; is

that, to remind those who are approaching death of the meaning or the actual words of: There is no deity except Allah’

so that it can be the last words that they utter at death; as it was stated in the prophetic tradition: ‘Whoever has as his last

words: There is no deity except Allah’ will enter Paradise.’ The meaning of his words: “…that is to say, along with:

‘Muhammad is the Messenger of Allah”; is that this expression is implied in the first phrase. Thus, what is meant by the

saying: ‘There is no deity except Allah’ in this prophetic tradition and others, actually means the two phrases of the

testimony, and there is no harm in neglecting to mention the messenger-ship. Az-Zayn ibn al-Muneer said: “The phrase:

‘There is no deity except Allah’ is actually an epithetical designation which carries the lawful judgment of the verbal

expression of the two testimonies.” In this regard, Ibn Hibban narrated on the authority of Abu Hurayra a similar

prophetic tradition in this issue and added: “…Indeed whoever has as his last words: ‘There is no deity except Allah’,

will enter Paradise at some point in time, even if he is afflicted with what he is afflicted with before that.” This was also

cited by al-Hafidh in his at-Talkhees in which he also said: “It has been related in the prophetic tradition of Àtaa’ ibn

as-Saa’ib on the authority of his father on the authority of his grandfather: ‘Whoever is instructed at death the testimony

of: ‘There is no deity except Allah’, will enter Paradise’.” In reality the prophetic tradition: “Instruct those dying among

you the words of: ‘There is no deity except Allah” have innumerous ethical and spiritual indications with the People of

Allah with respect to the Shaykh initiating the spiritual aspirant in the words of the shahaada, the meanings of the

reality of death, the meaning of his saying upon him be blessings and peace: “Increase in the remembrance of death”;

and other than that from the sciences of the Divine Realities. If circumstances were not constrained for us we would

place in this commentary some of what Allah taàla has benefited us in this affair. However, if Allah taàla grants His

On What Has Been Related Regarding Bathing the Deceased and It Being Done an Odd

Number of Times It has been related in the Saheeh of al-Bukhari on the authority of Umm Àtiyya, may Allah

be pleased with her322 who said: “The Messenger of Allah, may Allah bless him and grant him

peace, entered upon us while we were bathing his daughter. He said:323 ‘Wash her three times, or

five, or more than that, with water and lotus leaves, and at the end utilize camphor, or a little

camphor, and when you have finished let me know.’ When we finished we told him, and he gave

us his waist-wrapper and said: ‘Shroud her with this’.”324

permission and lengthens our years, we will explain these, Allah willing, in an independent commentary upon the book

called Diya’l-Qawaaìd wa Nashr’l-Fawaa’id Li Ahl’l-Maqaasid of the most erudite scholar of the Black Lands, Shaykh

Abdullahi ibn Fuduye`, may the mercy of Allah taàla be upon him. 322 She was Umm Àtiyya Nusayba bint al-Haarith al-Ansaari. She was among the learned jurists of the women of the

Companions, who transmitted many prophetic traditions related in the Six Books of the collections of prophetic

traditions. She lived until the the beginning of the year 70 A.H. 323 Here ends facsimile 31 of the Arabic manuscript. 324 The meaning of her words: “The Messenger of Allah, may Allah bless him and grant him peace, entered upon us

while we were bathing his daughter”; is that he upon him be blessings and peace entered when the women commenced

with washing the body of his daughter, but nothing was cited in the narration of al-Bukhari of the name of this daughter.

However, it is well known that she was Zaynab the wife of Abu al-Àasi ibn ar-Rabi`, the mother of Amama. She was

the eldest daughter of the Prophet, may Allah bless him and grant him peace. And according to what at-Tabari cited, she

died on the night of the first day of the year 8 A.H. Her name was, however, cited with Muslim by way of Àasim al-

Ahwal on the authority of Hafsa on the authority of Umm Àtiya who said: “When Zaynab the daughter of the

Messenger of Allah, may Allah bless him and grant him peace died…” until the end of the prophetic tradition. The

meaning of his words, upon him be blessings and peace: ‘Wash her…”; is as Ibn Bazeeza said: ‘It is clear evidence for

the obligation of bathing the body of the deceased.’ The meaning of his words, upon him be blessings and peace:

‘…three times, or five”; is that it should be done an odd number of times as it was cited in the narration of Hisham ibn

Hasaan on the authority of Hafsa: ‘We washed her an odd number of times, three or five.’ What is meant by: We

washed her an odd number of times’ is that it was actually three, but if they were required to do more, then five times

would have been sufficient. This ultimately means that what is desired is that a person has a choice in the number of

times, however, three times is highly recommended. If cleansing is achieved by the three washing then the sharià does

not obligate doing more than that. If not, then additional washings are made using an odd number until cleansing is

achieved. What is obligatory in the washing is one time over the entire body. The meaning of his words, upon him be

blessings and peace: ‘…or more than that”; is that one should not exceed seven washings, as it was related by Ayyub on

the authority of Hafsa: “…three, or five or seven.” Thus, if more is required then it should be seven times. Al-Maawardi

said: “Washing the body in excess of seven times is immoderation.” The meaning of his words, upon him be blessings

and peace: ‘…with water and lotus leaves”; is as Ibn al-Àrabi explained: “This is the foundation regarding what is

permissible in purifiying with water, by adding something to it which does not spoil the purity of the water. This is

constructed legally upon the soundness of bathing the deceased for the purpose of purifying them.” The meaning of his

words, upon him be blessings and peace: ‘…and at the end utilize camphor or a little camphor”; is that there was some

doubt in the mind of the narrator as to which of the expressions were said, however, the apparent meaning is that

camphor should be placed in the water, which is the opinion of the majority of the scholars. An-Nakhai` and the

scholars of Kufa said: “This is placed in final stage of the preparing of the body for burial. That is to say, after the

completion of the bathing of the deceased and its dehydration.” It is said that the wisdom in utilizing camphor, along

with the fact that it makes the place of the washing smell fragrant for the presence of the Angels and others; is that in

camphor is a drying and colling dynamic which has a penetrating influence specific to the hardening of the body of the

deceased, expelling vermin from it, preventing the decomposing of the excess of the body, as well as preempting the

body from decaying too fast. Camphor is the strongest of the fragrant perfumes regarding these matters. Thus, it is the

secret of why it is placed in the body at the completion of the washing. If it is utilized in the beginning, for example,

then the water would of necessity wash it away. The meaning of his words, upon him be blessings and peace: “…and

when you have finished let me know”; is that when the women had completed the bathing of her body that they should

summon him. The meaning of her words: “When we finished we told him, and he gave us his waist-wrapper”; she

meant hear the cloak used for wrapping his lower body, as it was cited in the commentary in the end of this narration.

The phrase ‘hiqwa’ (loins) originally is the place which the waist wrap covers. Thus, the general usage of the term waist

On What Has Been Related Regarding the White Garments for Shrouding


pleased with her: “That the Messenger of Allah, may Allah bless him and grant him peace, was

shrouded in three Yemeni white Suhuliya garments made from cotton.”325

wrap is a figurative expression. The meaning of his words, upon him be blessings and peace: ‘Shroud her with this”; is

to place it as a shroud for her, that is to say, an attire which should be placed over her entire body. It is said that the

wisdom in him postponing placing the waist wrap on her until after the women had completed the bathing of the body,

and why he did not give it to them in the beginning, was so that the union between it and his noble body was

pronounced so that there would not be an extended time between transferring it from his body to hers. This action is the

legal foundation for attaining baraka from the righteous, and in it is legal proof for the lawfulness of covering a

deceased women with the attire of a men. 325 The meaning of her words: “That the Messenger of Allah, may Allah bless him and grant him peace, was shrouded

in three Yemeni”; is that the origin of the garments were from Yemen. The meaning of her words: “…white…”; is that

the expression ‘beed’ with the letter ba’ inflected with kasra is the plural for ‘abyaad’ (white). The meaning of her

words: “Suhuliya”; is as it was related on the authority of Ibn Wahb: “Suhul is another name for cotton.” However, in

this interpolation is another view, and it is that the expression ‘suhuliya’ with the first letter inflected with damma, and

as it has been related in other narrations, with fat’ha, means that the phrase is an ascription to ‘Suhul’ which is a village

in Yemen. The meaning of her words: “…made from cotton”; is that the expression ‘kursuf’ (rough cotton) is another

appellation for cotton. In another narration it said: “…and no long shirt or turban was utilized.”. In this is legal evidence

that it is not considered highly recommended to wrap the deceased in a long shirt, which is the opinion of the majority

of the jurists. Malik and followers of AbuHanifa, however considered it highly recommended, saying: “The response to

the saying of A`isha, may Allah be pleased with her: ‘…and no long shirt or turban was utilized’ is that it is conceivable

that she meant by that the negation of their existence, and it is also conceivable it was a negation of limitation, that is to

say outside of the long shirt and the turban there was no other garment, which implies that the two were additional

garments utilized.” This implies that what she meant was that there was no new long shirt utilized; or that there was no

long shirt utilized when washing the body; or that there was no long shirt covering the limbs of the body. It is customary

to wrap a man in three garments, and the woman in five garments; which is the expressed opinion of as-Shafi`, Ahmad

and large group of the jurists. Abu Hanifa, however, said: “The least amount of garments used to wrap the woman are

three, and the Sunna is to utilize five garments. The least amount of garments ot be utilized for wrapping a man are two,

and the Sunna is to utilize three garments.” Malik related that there is no limit to the amount of garments utilized and he

permitted to utilization of a single garment for both men and women, except that whatever additional garments are

utilized that they should be odd number. This is taken from the apparent meaning of the two above cited prophetic

traditions.

On What Has Been Related Regarding Those Carrying the Dead Hurrying to the Grave326 It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra that the

Prophet, may Allah bless him and grant him peace, said: “Hurry with the bier of the deceased; for if

he was a righteous person it is better to hand it over to it. However, if he is other than that, then it is

bad to have him upon your necks.”327

326 This refers to hurrying while walking along with the steps being close to one another. 327 The meaning of his words, upon him be blessings and peace: “Hurry”; is the imperative of the noun ‘al-israa`’

(hastening). It has been transmitted by Ibn Qudaama that the imperative verbal command here implies it being highly

recommended, and this is without any disagreement among the scholars. However, Ibn Hazm gave an obscure

interpolation that it actually implies an obligation. What is actually meant by ‘hastening’ in this context is the intensity

in walking, which is how some of the earlier scholars interpolated it. The bottom line is that it is highly recommended to

hasten with the bier of the deceased. However, this should not be done in such a manner that it results in some severity

which induces the fear of some devastating occurrence to the deceased; or some inconvenience to those carrying it; or

some outcome which would negate the objective of cleanliness; or the introduction of some nuisance among the

Muslims. The meaning of his words, upon him be blessings and peace: “…with the bier of the deceased”; is actually

carrying it to its grave. The meaning of his words, upon him be blessings and peace: “…for if he was”; refers to the

corpse being carried; or he means by that the deceased. The meaning of his words, upon him be blessings and peace:

“…a righteous person it is better”; is that he is the possessor of excellence. The meaning of his words, upon him be

blessings and peace: “…to hand it”; meaning the bier of the deceased. The meaning of his words, upon him be blessings

and peace: “…over to it”; is over to the good. This means that the circumstances of the deceased are excellent and good.

Thus one should hasten with him until he reaches that excellent circumstance immediately. The meaning of his words,

upon him be blessings and peace: “However, if he is other than that”; is that if his circumstances of the deceased is evil.

The meaning of his words, upon him be blessings and peace: “…then it is bad to have him upon your necks”; is clear

proof that those who actually carry the deceased to the graves should be specified for men because the he upon him be

blessings and peace utilized the masculine pronoun, and did not imply in it others. In this prophetic tradition is the

principle of immediately commencing with the burial of the deceased; however, after determing with certainty that he is

actually dead. It is essential in this regard not to hasten to burying them until after the passing of one day and a night, in

order to certify that they are actually deceased.

On What Has Been Related Regarding the Lines of the Prayer of Janaaza

It has been related in the Saheeh of al-Bukhari on the authority of Àtaa’ who said he heard

Jaabir ibn Abdallah say that the Prophet may Allah bless him and grant him peace, said: “Today a

righteous man from Abyssinia has died, so come and we will pray upon him.” He then arranged us

into ranks and the Prophet, may Allah bless him and grant him peace, prayed while we were in

ranks. Abu’z-Zubayr said that Jaabir said: “I was in the second rank.”328

328 The meaning of his words, upon him be blessings and peace: “Today there has died”; this was the day that the

Prophet, may Allah bless him and grant him peace prayed over an-Najaashi. The meaning of his words, upon him be

blessings and peace: “…a righteous man from Abyssinia”; is that the etymological origin of the phrase ‘habash’

(Abyssinia) is from ‘black’ and means exceedingly black. The righteous man refered to was the an-Najaashi, which is a

cognomen given to the kings of Abyssinia. In the narration of Muslim by way of Yahya ibn Saìd on the authority of

Ibn Jurayj: “Today the righteous servant of Allah As’hama has died.” Ibn Qutayba and others said that the meaning of

his name in Arabic is: ‘a gift’. Here it is important that we mention a small slice regarding his biography because he was

among our righteous ancestors about whom it is obligatory for us to know. His name was As’hama ibn Bujra, the king

of Abyssinia. The Prophet, may Allah bless him and grant him peace changed his name to ‘Muhammad’. He was

counted among the Companions, may Allah be pleased with them. He was among those who had perfected his Islam.

Although he did not make the hijra, nor did he transmit any prophetic traditions, yet he is considered a Taabi` from one

respect as well as a Companion from another respect. It has been related on the authority of Khutayma on the authority

of his father who said: “The Prophet, may Allah bless him and grant him peace made the takbir over the bier of an-

Najaashi four, five, six, seven and eight times until an-Najasshi everntually died. He then arranged the people behind

him in ranks and made the takbir four times.” This is clear evidence for the majority of the scholars that an-Najasshi,

may Allah be pleased with him was among the Companions of Muhammad, may Allah bless him and grant him peace

because he saw the Prophet before he died. When the Messenger of Allah, may Allah bless him and grant him peace

made the hijra to al-Medina and was made manifest in the land, Ja`far and his companions said to him: ‘Our

Companion has left for al-Medina and has made the hijra; and those who informed on us to you have been killed. So we

desire to travel to him.’ He then had them escorted, provided them with provisions and gave them many gifts. He then

said: “Inform your Companion how I treated you. This is my messenger that I am sending with you. Tell him that I bear

witness that there is no deity except Allah and that he is the Messenger of Allah; and say to him to seek forgiveness for

me.” Then Ja`far said: “We then left and traveled until we reached al-Medina. When the Messenger of Allah, may Allah

bless him and grant him peace came out to meet me, he embraced me and said: ‘I do not whether the victory over

Khaybar brings me more joy, or the arrival of Ja`far.’ He then sat, and then the messenger of an-Najaashi stood and

said: ‘Is this him O Ja`far? Did you tell him how our Companion treated you?’ He said: ‘Yes’; meaning I mentioned it

to him. Then the Messenger of Allah, may Allah bless him and grant him peace stood, made the ablution and then

supplicated three times: ‘O Allah forgive al-Najaashi.’ Then the Muslims all said: ‘Amen’. Then Ja`far said to the

messenger: ‘Go and tell your Companion what you saw’.” An-Najaashi had a son named Urmaa, whom he sent to the

Messenger of Allah, may Allah bless him and grant him peace, but who died on the way to him. In the narrative of an-

Najaashi is one of the miraculous signs from the tokens of prophethood, because the Prophet, may Allah bless him and

grant him peace informed his Companions about his death on the very day it occurred although between Abyssinia and

al-Medina is a great distance. For Allah taàla unveiled the king of Abyssinia to him so that he saw him with his eyes.

Thus, his prayer over him was like the prayer of an Imam over a deceased whom he can see, but those praying behind

him cannot see. There is no difference among the jurists regarding the lawfulness of this. Al-Waaqidi mentioned in his

Asbaab without a chain of authority on the authority of Ibn Abass that he said: “The Prophet, may Allah bless him and

grant him peace was unvieled to the bed of an-Najaashi until he could see him physically, and then he prayed over him.”

Ibn Hibban narrated a prophetic tradition from Ìmraan ibn Hussein: “He then stood and arranged them in ranks behind

him, and they only considered that in front of him was the bier of a deceased.” This narration was also related by way of

al-Awzai` on the authority of Yahya ibn Abi Katheer on the authority of Abu Qilaaba on the authority of Abu’l-Muhlab.

Abu Àwaana related a prophetic tradition by way of Abaan and others on the authority of Yahya: “We then prayed

behind him, but we did not see anything except the bier of a deceased was in front of us.” This was a distinguishing

token which Allah taàla provided specifically for an-Najaashi, in order to to clarify to all that he died as a Muslim and

in order to soften the hearts of those rulers who accepted Islam during his time. This was because there were some who

did not consider that an-Najaashi had accepted Islam. It has been related by Ibn Abi Haatim in his Qur’anic exegesis by

way of Thaabit, as well as ad-Daraqutni in his al-Afraad by way of Humayd, both on the authority of Anas: “The

Prophet, may Allah bless him and grant him peace when he prayed over an-Najaashi, some of his Companions said: ‘Do

On What Has Been Related Regarding Praying Over the Graves

It has been related in the Saheeh of al-Bukhari on the authority of as-Shaybaani329 on the

authority of as-Sha`bi,330 who said: “I was informed by one who witnessed the Prophet, may Allah

bless him and grant him peace, that he came331 to an abandoned grave, arranged them in ranks and

said: ‘Allahu akbar’, four times.” I said: “Who related that to you?” He said: “Ibn Abaas.”332

you pray over an infidel of Abyssinia?!’ Then Allah taàla revealed: ‘Verily there are those from among the People of

the Book who believe in Allah and in what was revealed to you’.” This was corroborated by what was narrated in the

Mu`jam ‘l-Kabeer of at-Tabaraani from the prophetic tradition of Wahshi ibn Harb and others, as well as in his al-

Awsat from a prophetic tradition of Abu Saìd, who added in it that the person who vilified an-Najaashi with that

question was one of the hypocrites. The meaning of his words, upon him be blessings and peace: “…so come and we

will pray upon him”; is evidence that there is spiritual impact for the ranks of prayer over the deceased, and when the

congregation is immense then the impact is immense. This prophetic tradition is evidence for the lawfulness of making

the prayer over the absent deceased by a distant land. This was the opinion held by as-Shafi`, Ahmad and the majority

of jurists of the early community. Ibn Hazim said: “No one from among the Companions prevented this.” Ibn al-Àrabi

al-Maliki said: “The followers of Malik said that the prayer over an absent deceased was only specified for

Muhammad.” The reason that the Prophet, may Allah bless him and grant him peace prayed the absentee funeral prayer

over an-Najaashi is because he died and there was no one with him to perform the prayer. This was because the

Companions who had emigrated to him had already left for al-Medina during the year of the Battle of Khaybar. Some of

the scholars transmitted that he died in the month of Rajab in the year 9 A.H. Aìsha said: “When an-Najaashi died we

use to speak about the fact that illumination continued to be seen coming from his grave.” The prophetic tradition gives

evidence for the prohibition of praying over the deceased in the masjid, which is the opinion of the followers of Abu

Hanifa and Malik. However, Abu Yusef said: “If a particular masjid is specified for praying over the deceased then

there is no harm in performing the funeral prayers in it.” It has been established that the Prophet, may Allah bless him

and grant him peace prayed over Suhayl ibn Bayda’ in the masjid. The meaning of his words: “He then arranged us into

ranks and the Prophet, may Allah bless him and grant him peace, prayed while we were in many ranks”; is that they

were more than two ranks, as it was explicitly stated in the end of the prophetic tradition: “Abu az-Zubayr said on the

authority of Jaabir: “I was in the second rank.” In the narration of an-Nisaai’ Jaabir said: “I was in the second rank on

the day in which the Messenger of Allah, may Allah bless him and grant him peace prayed over an-Najaashi.” In

another narration from al-Bukhari that he (Jaabir) said: “He then arranged us in ranks behind him, and I was in the

second or third rank.” 329 He was Abu Is’haq Sulayman ibn Abu Sulayman as-Shaybaani al-Kufi. He was an Imam, traditionists and legal

proof in knowledge. He was a freedman of the Banu Shaybaan ibn Tha`laba, and was a virtual repository of knowledge.

He was truthful and upright in the transmission of prophetic traditions. He was also among the leading companions of

as-Sha`bi. He died in the year 12 A.H. 330 He was Abu Àmr Àamir ibn Abdallah Sharaaheel ibn Abdu ibn Dhi Kibaar al-Hamdaani as-Sha`bi. He was an

Imam and leading scholar of his time. He died in the year 105 A.H. at the age of 77. 331 Here ends facsimile 32 of the Arabic manuscript. 332 The meaning of his words: “I was informed by one who witnessed the Prophet, may Allah bless him and grant him

peace”; is a reference to Abdallah ibn Abass as he explicitly stated in the end of the prophetic tradition. The meaning of

his words: “…that he came to an abandoned grave”; is understood more cleary by what was cited in the al-Awsat of at-

Tabaraani by way of Muhammad ibn as-Sabaah ad-Duwalli on the authority of Ismaìl ibn Zakariyya on the authority of

as-Shaybaani that he prayed over him after he had been buried for two nights. It has been related by ad-Daraqutni by

way of Huraym ibn Sufyan on the authority of as-Shaybaani who said: “…after he had died by three days.” In another

narration by way of Bishr ibn Adam on the authority of Àasim on the authority of Sufyan at-Thawri on the authority of

as-Shaybaani who said: “…after a month”; however this narration is an obscure one. The soundest opinion is that he

may Allah bless him and grant him peace prayed over the person the morning that he was buried. The meaning of his

words: “…arranged them in ranks”; is that he made the people get into ranks behind him for the funeral prayer over

above mentioned grave. The meaning of his words: “…and said: ‘Allahu akbar’, four times”; is that he made them in

the prayer itself. The jurists among the Companions, may Allah be pleased with them differed regarding the number of

the takbirs to be performed from three to seven. Their key evidence is in the previously cited narration of the prophetic

tradition on the authority of Abu Khuzayma on the authority of his father, which I mentioned in the biography of an-

Najaashi. However, the behavior and Sunna which is prevalent regarding the funeral prayer is that the takbirs should be

four in number. This is corroborated by what was related in the prophetic tradition of Abu Hurayra: “The Messenger of

On What Has Been Related Regarding Making the Graves Arched

It has been related in the Saheeh of al-Bukhari on the authority of Abu Bakr ibn Àyyash333

on the authority of Sufyan at-Tamaari,334 who narrated that he saw the grave of the Prophet, may

Allah bless him and grant him peace, and it was arched.”335

On What Has Been Related Regarding Expressing One’s Condolences336

It has been related in the Saheeh of al-Bukhari on the authority of Usaama ibn Zayd,337 who

said: “The daughter of the Prophet, may Allah bless him and grant him peace, sent a message to him

saying: “That my child is being seized by death, so come to us.” However, the Prophet, may Allah

bless him and grant him peace, returned the messenger and told him to convey the greetings of

peace to her and say, “It is for Allah to take away and it is for Him to give, and everything with Him

has an appointed time. So be patient and take reckoning of your own soul.”338

Allah, may Allah bless him and grant him peace announced the death of the an-Najaashi on the day in which he died.

He then went out with the people to the place of prayer. He then arranged them into ranks and made four takbirs.” This

is a prophetic tradition about which there is unanimous agreement about regarding its soundness and for this reason the

majority of the jurists of the Muslim metropolis act upon. In that regard as well there is a prophetic tradition which

states: “He, upon him be blessings and peace prayed over the grave of a destitute woman, and made the takbir four

times”; as al-Qurtubi cited. The meaning of his words: “I said: ‘Who related that to you?” He said: “Ibn Abaas”; is that

the speaker in this case was as-Shaybaani and the person to whom he was speaking as-Sha`bi, and it means that as-

Sha`bi took this prophetic tradition from Abdallah ibn Abass directly. 333 He was Abu Bakr ibn Ayyash ibn Saalim as-Asadi al-Kufi. He was a famous Qur’an reciter, jurists, and traditionist.

He was the Shaykh al-Islam of his time and a remnant of the people of erudition. He died in the month of Jumad’l-Ulaa

in the year 193 A.H. at the age of 96. 334 He was the son of Dinaar, based upon the soundest opinion, and was considered among the notables of the Taabi`

at-Taabièen, eventhough he lived during the age of the Companions, yet he did not narrate prophetic traditions from

tthem. 335 The meaning of his words: “…and it was arched”; is that it was raised. Abu Nuàym added in his al-Mustakhraj:

“…and the graves of Abu Bakr and Umar were the same.” This is evidence that it is highly recommended to arch the

graves, but that the Sunna in this is that the graves should not be elevated much above the earth. It means that it should

not be a complete arch, but that the grave should be raised at least a hand span from the earth and made level. This is the

opinion of as-Shafi` and those who accord with his views. Qadi Ìyad transmitted on the authority of many scholars:

“The most superior custom with the majority of the jurists is to make the grave arched.” This is the expressed view of

Malik. 336 This expression means to encourage solace by proffering comfort to another. It says in the Lisaan’l-Àrab:

“Consolation is encouraging solace for anything loss.” It says in the an-Nayl: “Condolescence is encouraging people to

be patient and steadfast.” Thus, giving solace is a form of consoling someone. Each time someone suffers an affliction

and is patient, some words of consolation, are normally said to him utilizing whatever expressions possible. In this way

the person giving consolation obtains a reward far greater than the consolation he proffers to the one in need of comfort. 337 He was Abu Zayd Usama ibn Zayd ibn Haritha ibn Sharaheel ibn Abd’l-Ùzza ibn Amri’l-Qays. He was the great

military commander and amir. His collection of prophetic traditions amounted to 118 of which 15 were narrated in the

collections of al-Bukhari and Muslim. Al-Bukhari transmitted one isolated traditions from him while Muslim

transmitted two. He died at the end of the rule of Muàwiyya. 338 The meaning of his words: “The daughter of the Prophet, may Allah bless him and grant him peace, sent a message

to him”: this is a reference to his daughter Zaynab, as it was cited in the narration of Abu Muàwiyya on the authority of

Àasim using the wording of Ibn Abi Shayba. The meaning of her words: “That my child”; it is said that he was Ali ibn

Abi’l-Àas ibn ar-Rabi` and was among the children of Zaynab. The people of knowledge of lineages agree that Zaynab

did not generate any children for Abu’l-Àas except Ali and Amaama. The people of the science of historical narratives

agree that Amaama bint Abi’l-Àas by Zaynab, the daughter of the Prophet, may Allah bless him and grant him peace

lived after the Prophet, may Allah bless him and grant him peace until she married Ali ibn Abi Talib after the death of

Fatima. She then went on to reside with Ali until he was assassinated. The meaning of his words: “...is being seized by

death”; that is to say, he was close to being seized. In the narration of Sha`ba she said: “My son is approaching death.”

The meaning of his words: “...so come to us”; that is to say, come and be present with us, desiring from him his

supplication, prayer or baraka. The meaning of his words upon him be blessins and peace: “...to convey the greetings of

peace to her”; is the greetings or announcement of peace from the Prophet, may Allah bless him and grant him peace to

his daughter and her son. He did not go to her, but rather sent his greetings of peace to them. This is because the

greetings of peace from him, upon him be peace is a form of supplication and it is desire for peace and shelter from

every evil, tribulation, adversity and punishment to the one to whom his speech is addressed. This is what is obtained

from his greetings of peace regardless if he is present, absent, alive or deceased. It has been related by Ahmad, an-

Nisaai’, and ad-Darimi on the authority of Abu Mas`ud al-Ansaari in a prophetic tradition which is marfuu`: “Verily

Allah has Angels who travel throughout the earth delivering me the greetings of peace from my Umma.” The chain of

this prophetic tradition is sound. It has also been related by Abu Dawud in this regard, on the authority of Abu Hurayra

who said that the Messenger of Allah, may Allah bless him and grant him peace said: “There is no one who sends the

greetings of peace to me, except that Allah returns my spirit so that I can return the greetings of peace to him.” The

narrators of this prophetic tradition were reliable. There is no doubt that the greetings of peace from him, upon him be

peace, even when he is in his grave is excellent and good. Thus, if it came from him while he was alive, then it is better

for the one who was greeted and suffices him in this life and the Next. For his greetings of peace to the son of his

daughter was his supplication for him to be safe from all of the tribulations of death, the barzarkh and Hereafter; while

his greetings of peace to his daughter was his supplication for her to be safe from all the tribulations of sadness, grief,

the loss of relatives, the lack of forebearance and the like. The meaning of his words, upon him be blessings and peace:

“It is Allah’s right to take away and it is His right to give”; means that whatever Allah desires to take, it is the same

which He gave. For, when He takes it, He is only taking what belongs to Him, thus, anxiety and disquiet is uncalled for.

For, the true custodian of a consignment when it is entrusted to him, should not be the cause of anxiety. It is conceivable

that what is meant by the expression ‘`itaa’ (giving), is the giving or granting of life for those who remain after the

deceased has died. Or it could be a reference to the reward that they receive as a result of the affliction of the loss; or it

could be a reference to something more general than that. The meaning of his words, upon him be blessings and peace:

“…and everything”; is everything which is taken and given; or every soul; or it can refer to what is more general than

that. The meaning of his words, upon him be blessings and peace: “…with Him”; is that the ‘withness’ or the

subjectivity here is an indicator of an inherent metaphor. The meaning of his words, upon him be blessings and peace:

“…has an appointed time”; is that ‘time’ is and urestricted expression referring to the final limit and the sum of one’s

years. The meaning of ‘appointed’ is the known limit or its like. The meaning of his words, upon him be blessings and

peace: “…So be patient and take reckoning of your own soul”; that is to say, make the intention to be patient desiring by

that the reward from her Lord, and to reckon that to be apart of her good deeds. In this prophetic tradition are many

advantages other than what was cited. Among them being the lawfulness of seeking the presence of the people of

spiritual bounty with the person in the throes of death hoping by that to attain their baraka and supplications. Among

them is the lawfulness of going to people to offer them solace and comfort. Among them is the lawfulness of making

visits of people without prior permission with the exception of a wedding party. In this prophetic tradition is that it is

highly recommended to command the person being afflicted by some adversity to be patient, before death occurs, so

that when it does occur he is in a state of contentment with Allah; since sadness is rectified by forebearance. In it also

are: preceeding all speech with the greetings of peace; and visiting the infirm even if they are below the rank of the

person visiting in knowledge and spiritual station, or the duty of visiting a young infirm infant. In this prophetic

tradition establishes that the people of spiritual bounty should not cut the people off from their virtue. It is also an

encouragement to show compassion to the creatures of Allah, to be merciful to them, and it is a caution against being

hard hearted and callous and the like. With its ending, I end the commentary upon the Book of the Funeral Prayer, and

success is with Allah. O Allah I ask You for every good which Your knowledge encompenses in this world and the

Next, and I seek refuge with You from every evil which Your knowledge encompenses in the this world and the Next.

O Allah give us success in following the Sunna of Your prophet, Muhammad, may Allah bless him and grant him

peace, outwardly and inwardly, by his rank that he has with You.

Kitaab’z-Zakaat (The Book of Obligatory Alms)339

On What Has Been Related Regarding the Obligation of the Zakaat It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abbas that the Prophet,

may Allah bless him and grant him peace dispatched Mu’adh to Yemen and said to him: “Invite

them to bear witness to Laa ilaha illa Allah and that I am the Messenger of Allah. If they are

obedient to that, then teach them that Allah has obligated upon them the five prayers every day and

night. If they are obedient in that, then teach them that Allah has obligated upon them charity from

their wealth to be taken from the wealthy from among them to be given to the poor among them.”340

339 The alms tax (zakaat) is the alms on one’s wealth which is well known and means the purification of one’s wealth.

The verb from which it originates is ‘to purify’, ‘to increase’ and the verbal noun from it is ‘purification’, which occurs

when one gives the alms tax from one’s wealth to another. For the alms tax is what you take from your wealth in order

to purify it by means of dispensing it. When it is taken from the wealth and given over to the indigent to fulfill their

rights it becomes a form of increased purification because it cleanses the remainder of the wealth, distinguishes it,

rectifies it and augments it. Thus, the etymological root of the expression ‘alms’ linguistically is from the meaning of

the expressions: purification, augmentation, blessing, and praise. Allah taàla says: “And pay the alms tax”; means the

obligatory alms tax on one’s wealth. Abu Jaàfar said: “It is to be given from the goodness of one’s soul based upon

what has been made incumbent and obligatory.” Or it means give the alms tax to the people whom Allah made a right

over your wealth in order to purify your bodies and wealth.” The Shehu, may Allah be merciful to him said in his

Ùmdat’l-Bayaan: “The obligations of alms tax are three: [1] intention; [2] not delaying it; and [3] the lack of transfer.

Its adab are three: [1] the soul being cheerful about it; [2] it being the best property; and [3] concealing it from the sight

of others.” The Erudite authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said in

his Diya Ùluum’d-Deen in the section of the alms tax and its secrets: “It is one of the fundamental principles of Islam

and is the sister to the prayer, and is an obligation to be paid upon every free Muslim, even the infant and the insane.” 340 The meaning of his words: “…the Prophet, may Allah bless him and grant him peace dispatched Mu’adh to

Yemen”; is that Muàdh was sent to Yemen in the year 10 A.H. before the Farewell Pilgrimage of the Prophet, may

Allah bless him and grant him peace. It is said that it happened in the latter part of the 9th

year A.H. when the Messenger

of Allah, may Allah bless him and grant him peace departed from the military campaign of Tabuk, as al-Waqidi cited

with his chain of authority going back to Ka`b ibn Malik. However, Ibn Sa`d narrated that it occurred in the month of

Rabi`’l-Awwal in the 10th

year A.H. It is also said that he was sent there in the year of the Opening of Mecca in the 8th

year A.H. However, there is unanimous agreement that he remained in Yemen until the time of Abu Bakr, who then

sent him to Syria where he eventually died. There is some disagreement whether Muàdh was sent as a governor or a

judge. Ibn Abd’l-Barr was determined that he was sent as a judge, while al-Ghasaani said that he was sent as a

governor. The meaning of his words, upon him be blessings and peace: “Invite them to bear witness to Laa ilaha illa

Allah and that I am the Messenger of Allah”; is that he begins with mentioning these two because they are the

foundation of the religion, without which the religion is not valid. Thus, whoever among them who were not

monotheists, it was then desired that he encounter each and present them individually with the two testimonies.

Whoever among them were monotheists then what was desired from them was to join the acknowledgment of the

oneness of Allah with the acknowledgement of the messengership of Muhammad, may Allah bless him and grant him

peace. If they, however, believed in that which could be considered polytheism or in that which necessitated it, like

those who believed in the finality of the prophethood of Uzayr, or they held to beliefs of resembling Allah to His

creation, then what was desired for them was to learn an understanding of the Divine Unity which negated what they

held to in their beliefs. This is evidence for those among the scholars who say that it is not a prerequisite to discord

every element of a religion which conflicts with the religion of Islam; in contrast to those scholars who say that whoever

disbelieves in some element of that religion but believes in the remainder, that he does not really enter into Islam except

by leaving in total what he is required to disbelieve in. The answer to this controversy is that the belief of the two

testimonies necessitates abandoning any beliefs of resemblance of Allah to His creation, claims of the finality of

prophethood of Ùzayr, or anyone else. This kind of belief should suffice him. This gives evidence that it is not

sufficient in Islam to limit the testimony to: ‘There is no deity except Allah’, until the testimony of the messengership of

Muhammad is accompanied with it. This is the view of the majority of the scholars. Some of the scholars say that by

makng the testimony of the Oneness and deity of Allah alone, he becomes a Muslim by that, and what is sought from

him after that is the second testimony of the finality of the messengership of Muhammad. The meaning of his words,

upon him be blessings and peace: “If they are obedient to that”; is that if they bearwitness to the two testimonies and are

in compliance with them. This is evidence that it is not possible for the People of the Book to know Allah, eventhough

they may claim to worship Him and manifest what they think is knowledge of Him. However, some of the adepts of the

science of scholastic theology say: “Those who designate that Allah resembles His creation or who append to Him

physical hands, or affix to Him a son can never have gnosis of Him. For the one that they worship in that context is not

Allah, even though they may name it with that Name.” This also gives evidence that the first of the obligations to put

forward is the knowledge of what is obligatory from beliefs, and the verification of faith. Then he should investigate the

knowledge of his worship in everything which Allah has made obligatory for him to act upon. The meaning of his

words, upon him be blessings and peace: “…then teach them that Allah has obligated upon them the five prayers every

day and night”; is that this statement first proves that the witr prayer is not obligatory; and that the prescribed prayers

which are obligatory upin every responsible person are five: the prayers of dhuhr, àsr, maghrib, ìsha and subh. The

research into the five prayers and the witr prayer was discussed previously in their own sections. The meaning of his

words, upon him be blessings and peace: “If they are obedient in that”; is as Ibn Daqeeq al-Èid said: “It is conceivable

that this statement has two interpolations. The first one is that what is meant is to get them to acknowledge the

obligations upon them and encourage them to adhere to them. The second interpolation is that what is meant is that they

are obedient by actually performing the acts. What gives the first interpolation preponderance is that what is mentioned

in the expression is informing the people of the obligations, thus the indications refer back to the apparent meaningof

the words. What gives the second interpolation preponderance is that when they inform the people of the abligations,

they then immediately set out to obey them with their actions. Thus, it is their actions which will suffice them,

eventhough they were not conditioned to express them, unlike the expression of the two testimonies.” The meaning of

his words, upon him be blessings and peace: “…then teach them that Allah has obligated upon them charity from their

wealth to be taken from the wealthy from among them”; is evidence that it is the Imam who has been appointed to take

the obligatory alms and to expend it, either by himself or by means of one of his representatives. Whoever refuses to

give over the obligatory alms, then the Imam has the right to take it by force. The meaning of his words, upon him be

blessings and peace: “…to be given to the poor among them”; is evidence for the teachings of Imam Malik and others,

who say that it is sufficient to disperse the obligatory alms in a singular category of wealth. In this however, there has

been some legal discussion regarding this, as Ibn Daqeeq al-Èid said: “It is probable that the poor were singled out for

mentioning because they are the majority of the people to whom alms is given, and due to the social stratifications that

exist between them and the wealthy.” Al-Khataabi said: “This statement is proof for those who consider that it is not

obligatory for the person indebted to give the obligatory alms from his wealth, if he does not have surplus wealth equal

to that which there is a quorum to be paid over and above his debt. This is because he is not considered wealthy, since

all of his wealth is expended in order to pay off his creditors.” Furthermore, from this prophetic tradition can be

extracted the right to invite people to the knowledge of the Divine Unity before fighting them; the Imam advising his

officials about what is required of them from legal judgments and the like; the dispatching of a troop of officials to take

the obligatory alms from the people; the acceptance of the news from a single narrator as well as the obligation of acting

in accordance with his words; and the obligation of giving alms on the wealth of an infant and insane person, taken from

the general meaning of his words: “…from the wealthy from among them”; as Ìyad said. What can be extracted from

this prophetic tradition, as well, is that the obligatory alms collected from the wealthy Muslims is not to be given out to

the disbeliever, because the pronoun in the statement: “…the poor among them…” refers to Muslims regardless if we

say it is a reference to a particular land or to all lands. Also extracted from this prophetic tradition is that there is no

obligatory alms upon the poor; that whoever possesses the amount of wealth which it obligatory to pay alms on it, then

he is considered wealthy; and that the wealthy are prevented from being given alms, except when there is an exception.

In this prophetic tradition no mention was made of fasting and pilgrimage although these two are among the pillars of

Islam. The secret in this is that the prayer and the obligatory alms, since they are two obligations upon the responsible

person they can never be repealed, which is in contrasts to fasting which can be repealed by paying compensation; as

well as the pilgrimage because other acts of worship can take its place. It is also conceivable that when this prophetic

tradition was originally transmitted that fasting and pilgrimage had not yet been made lawful by the sharià. Thus, in

inviting people to Islam it was sufficient to mention the three principles, which include the verbal testimony, the prayer

and the obligatory alms, even after the existence of the obligation of fasting and pilgrimage, based upon the words of

Allah taàla in two places in the chapter Bara’` (Repentance): “If they repent and establish the prayer and give the

obligatory alms…”; and this is in spite of the fact that this chapter was categorically revealed after the obligation of

fasting and pilgrimage. There is also the evidence provided in the prophetic tradition of Ibn Umar, where the Messenger

of Allah, may Allah bless him and grant him peace said: “I have been commanded to fight the people until they bear

witness that there is no deity except Allah, establish the prayer and give over the obligatory alms”; as well as many

other prophetic traditions. The jurists say: “The wisdom in this is that the five principles are those which are doctrinal

and it is the verbal testimony, those which are corporal and it is the prayer, and those which are fiscal and it is the

obligatory alms. Thus, inviting people to Islam was limited to these because the other two principles branch from them.

On What Has Been Related Regarding the Extent of the Minimum Amount to Be Paid On

Cereals and Fruits341 It has been related in the Saheeh of al-Bukhari on the authority of Abu Saìd al-Khudri may

Allah be pleased with him that the Messenger of Allah, may Allah bless him and342 grant him peace,

said: “Upon anything less than five awsuq there is no sadaqa.”343

This is because fasting is a purely corporal principle and pilgrimage is a fiscal principle.” Further, the verbal

pronouncement of Islam is the foundation and is difficult for the one who disbelievers. The prayer is difficult for them

because it has to be done repeatedly. The obligatory alms is difficult for them because most humans have a natural

disposition for the love of wealth. Thus, when a person willfully complies to these three obligations, then those beside

them are easier in comparison. 341 The meaning of the expression nisaab (quorum) from wealth is the amount which is obligatory to pay the zakaat

when it is reached, like what is to be paid on every two hundred silver coins and on every fifth camel. The expression

hubuub (cereals) is the plural of habb. Allah taàla says: “And We have sent down from the heavens blessed water, and

We then cause to vegetate with it gardens and the grain of harvesting.” This means the grain of agricultural farming

such as wheat, barley, rice, oats and the remainder of cereals. It is said that it refers to the seeds of sprouts, flowers; or

what germinates from small herbs; or the seeds of herbage and vegetation. The expression thimaar (fruits) is the plural

of thamar, which is what germinates from trees. It is a kind of wealth such as dates, grapes and other than these. Allah

taàla says: “He sends down from the heaven water, and draws out by means of it fruits as a provision for you.” Allah

taàla says: “And He is the One who produces gardens trellised and untrellised, and the date palm, and crops of divers

flavors, and the olive, and the pomegranate, like and unlike. Consume of its fruits when it ripens and pay the due on it

on the day of harvesting. And do not be wasteful for Allah does not love those who are wasteful.” Thus, the quorum on

grains and fruits is the designated amount which is obligatory to pay on them from zakaat when that amount is reached. 342 Here ends facsimile 33 of the Arabic manuscript. 343 The meaning of his words upon him be blessings and peace: “Upon anything less than five awsuq there is no…”,

where the letter alif in the expression awsuq is inflected with fat’ha and the letter seen is inflected with damma. It is the

plural of wasuq or wisuq. A wasuq is equal to sixty dry measures. A single dry measure is equal to four half bushels. A

single half bushel is equal to one and a third pound. (Thus five awsuq is equal to approximately 1600 pounds.). The

meaning of his words upon him be blessings and peace: “…sadaqa”; is that when a person extracts from the earth what

is less than that in measure then there is no obligatory alms to be paid on it. This is the expressed opinion of the

majority of the jurists, although Abu Hanifa differs and follows the explicit statement of the prophetic tradition: “Upon

anything upon which the heavens rain upon, there should be paid a tenth.”

On What Has Been Related Regarding the Extent of the Minimum Amount to Be Paid for

Camels, Cows, and Sheep It has been related in the Saheeh of al-Bukhari on the authority of Thumaama ibn Abdallah

ibn Anas344 that Anas related that Abu Bakr, may Allah be pleased with him wrote for him this

letter when he sent him to Bahrayn: “In the name of Allah the Beneficent the Merciful this is the

obligations of the charity (sadaqa) which the Messenger of Allah, may Allah bless him and grant

him peace, obligated upon the Muslims which Allah ordered His Messenger to take. For whoever it

is requested from among the Muslims on its face value should give it over. Whoever is requested

for what is above that amount, he should not give it. On twenty-four camels or less, zakaat is paid

with sheep, one ewe for every five camels. On twenty-five to thirty -five camels zakaat is paid with

a she-camel in its second year. On thirty-six up to forty-five camels zakaat is paid with a she-camel

in its third year. On forty-six up to sixty camels zakaat is paid with a she -camel in its fourth year

that is ready to be sired. On sixty-one up to seventy-five camels zakaat is paid with a she-camel in

her fifth year. On seventy-six up to ninety camels zakaat is paid with two she-camels in their third

year. On ninety-one up to one-hundred and twenty camels zakaat is paid with two she-camels in

their345 year ready to be sired. On any addition to one-hundred and twenty camels zakaat is paid

with a she-camel in its third year for every forty camels and for every fifty camels a she-camel in its

fourth year. Whoever has only four camels, then there is no alms to be paid except if he desires to

do so, perhaps believing that the number will reach five. In that case zakaat is paid with one ewe.

On grazing sheep and goats, if they come to forty or more, up to one-hundred and twenty head, the

zakaat is one ewe. If there is an addition to one-hundred and twenty up to two-hundred of them, the

zakaat is two ewes. On any addition to that up to three-hundred camels, then for every hundred,

one ewe is to be paid. If the sheep are deficient and less than forty in number, then there are no

alms to be paid upon them except if the owner wills to.”346

344 He was Tumaama ibn Abdallah ibn Anas ibn Malik al-Ansari. He was from among the veracious scholars and was

appointed as the chief judge of Basra. He kept company with his grandfather Anas ibn Malik for thirty years. 345 Here ends facsimile 34 of the Arabic manuscript. 346 The meaning of his words: “…that Abu Bakr may Allah be pleased with him wrote for him this book when he sent

him to Bahrayn”; is that he dispatched him there as the governor over that region. Bahrayn is the name given to the well

known region which includes many famous cities whose capital was Hajar. Sometimes it is pronounced Hajara in the

feminine form and is always associated with Bahrayn. The meaning of his words: “In the name of Allah the Beneficent

the Merciful” is evidence that the basmalla was well established and was utilized in the beginning of letters and books,

and that commencing them with ‘All praises are due to Allah’ was not an established requirement. The meaning of his

words: “…these are the obligations of charity (sadaqa)”; where in some copies of this letter the expression ‘the

obligations’ is written with the omittion of the ensuing grammatical governed phrase since it was implied. In this letter

the idiom ‘charity’ is used instead of ‘obligatory alms’ (zakaat), contrary to those who inhibit the obligation of charity

among those who follow Abu Hanifa. The meaning of his words: “...which the Messenger of Allah, may Allah bless

him and grant him peace, obligated”; is that the obligation here is what had been made incumbent or enacted as law.

This means that it was what Allah taàla had commanded. It is said that the expression ‘obligation’ means the amount

that has been decreed because its obligation had already been established in the Book. Thus, the obligation established

by Prophet, may Allah bless him and grant him peace was made to further clarify what was generalized in the Book, by

clearly determining the exact amount of the different types and categories. The etymological root of obligation is to

seperate a rigid portion of a thing. Then it came to be utilized to indicate an amount, since it was what was separated

from a thing in order to determine its amount. Thus, the expression obligation was transmitted to mean explanation or

clarification based upon the words of Allah taàla: “Allah has necessitated (farada) for you the absolution from your

oaths.” It also has the meaning of revelation based on the words of Allah taàla: “Verily the One who has made

incumbent (farada) upon you the Qur’an…”. Finally, the expression obligation also had the meaning of permissibility

based upon the words of the Allah taàla: “There is no harm on the Prophet in what Allah has made lawful (farada) for

him.” In none of the above diverse meanings of the expression ‘obligation’ does it exclude it from meaning an amount

or estimation (taqdeer). And although the predoment occurrence of the utilization of this expression came to mean

something necessary or incumbent, this did not preclude it from embracing the meaning of amount or estimation. Ar-

Raaghib said: “Everything which has been transmitted in the Qur’an as being made obligatory upon (farada àla) a

person it carries the meaning of necessity or incumbency; while everything transmitted in It as being made obligatory to

(farada lahu) a person, it carries the meaning of not being forbidden.” The meaning of his words: “...upon the Muslims”

is evidence that the disbelievers were not the ones addressed in this obligation; and what can be deduced from this is

that the acceptance of the obligatory alms from the disbeliever is not valid. The meaning of his words: “…which Allah

ordered His Messenger to take. For whoever it is requested from among the Muslims on its face value should give it

over.” This means that they should hand it over based upon clear methodology outlined in the prophetic tradition. In this

is apparent evidence that the wealth should be handed over to the Imam of the Muslims. The meaning of his words:

“Whoever is requested for what is above that amount, he should not give it”; is that whoever is asked to give anything in

addition to the stipulated amount, whether in terms of time or actual quantity, then he has the right to refuse to give that

additional amount. Ar-Raafi` transmitted that the jurists are unanimous regarding the prevailing right for the person to

refuse in that case. The meaning of his words: “On twenty-four camels or less”; is where ‘less’ means down to five. The

meaning of his words: “…zakaat is paid with a sheep”; is in accordance with what Ìyad said: “This means that the

obligatory alms of camels should be paid in sheep.” This gives evidence that the discharge of the obligatory alms has

been designated to be done with sheep in a similar number. This is the established view of Malik and Ahmad. Thus, in

their view if the obligatory alms on twenty-four camels is discharded with a camel, then it is not valid. However, as-

Shafi` and the majority of the jurists say: “It is valid because it is normally permissible to disperse a single camel on

twenty-five camels, then on what is less than that amount is foremost.” This view is established because originally it is

incumbent to discharge the obligatory alms using the same genus as the wealth being paid upon. Those who depart from

this norm do so out of leniency for their wealth, but if of their own choice they return to dispersing the original category

stipulated, it is permissible. If for example the cost of the camel is less then the cost of four sheep, then there is

disagreement among those who follow as-Shafi` and others. The majority of them holding the view that it is not

permissible taking as their evidence for this the apparent meaning of his words: ‘On twenty-four camels’; The meaning

of his words: “…one ewe for every five camels when they reach the number of twenty-five”; is that this designated

amount includes a she-camel in its second year. This is the expressed view of the majority of the jurists, except for what

has come to us from Ali ibn Abi Talib, that on on every twenty-five camels one ewe shold be paid; and when it becomes

twenty-six, then it includes a she-camel in its second year. The meaning of his words: “…to thirty -five camels”; is

evidence that in an amount which is between the two designated amounts it is only obligatory to pay a she-camel in its

second year. This, however, is contrary to what some like those who follow Abu Hanifa say giving preference to the

first obligation where it is incumbent to pay a sheep on every five camels. Thus, in their opinion the sheep is subjoined

to the she-camel in its second year. The meaning of his words: “…zakaat is paid with a she-camel in its second year; is

that the ‘bint’l-makhaad’ (the she camel in its second year), is the she camel which the owner has had for a complete

year, that is entering into its second year and its mother is preganant. This is because the expression ‘maakhud’ means

pregnant; and refers to a camel which has entered into the time of preganancy even when it is not actually pregnant. The

meaning of his words: “On thirty-six up to forty-five camels zakaat is paid with a she-camel in its third year”; is that the

expression ‘bint labuun’ (she-camel in its third year), means a female camel which has entered into it third year, while

its mother has given birth to another camel. The meaning of his words: “On forty-six up to sixty camels zakaat is paid

with a she -camel in its fourth year that is ready to be sired”; is that what is meant here is that the she camel has reached

the age where she is pursued by male camels. This is normally a she camel which has reached the third year and has

entered into its fourth year. The meaning of his words: “On sixty-one up to seventy-five camels zakaat is paid with a

she-camel in her fifth year”; is that the expression ‘jadhaàt’ (she-camel in its fifth year) applies to the one which is in

its fourth year and has entered into the fifth year. The meaning of his words: “On seventy-six up to ninety camels zakaat

is paid with two she-camels in their third year. On ninety-one up to one-hundred and twenty camels zakaat is paid with

two she-camels in their year ready to be sired”; this is the expressed opinion of the majority of the jurists, ad implies

that what is in addition to that, then the zakaat on it should be a camel specifically. It has been related on the authority

of Abu Hanifa: “When the amount exceeds one-hundred and twenty, then it returns back to the obligation of a sheep.

Thus, on on-hundred and twenty five camels the zakaat to be paid is three she-camels in their third year and a sheep.”

The meaning of his words: “On any addition to one-hundred and twenty camels zakaat is paid with a she-camel in its

third year for every forty camels and for every fifty camels a male camel in its fourth year”; the expression ‘hiqqa’

(male camel in its fourth year) where the letter haa is inflected with kasra is the male offspring of camels which has

reached the age where it can be ridden and carry burden. It refers to a male camel which has completed its third year.

The meaning of his words: “Whoever has only four camels, then there is no alms to be paid except if he desires to do

so”; is that he does so as a voluntary act. The meaning of his words: “…perhaps believing that the number will reach

five. In that case zakaat is paid with one ewe. On grazing sheep and goats, if they come to forty or more, up to one-

I have not come across the amount to be paid for cow in the two Saheeh collections. Al-

Qastalaani said in his commentary upon al-Bukhari:347 “The author did not mention anything which

is related to the amount to be paid on cows, because nothing had occurred to him conceding its

conditions.” He then said: “It has been related by at-Tirmidhi348 in a good tradition and which is

considered sound by al-Haakim on the authority of Mu’adh, who said: “The Prophet, may Allah

bless him and grant him peace, dispatched me to Yemen and ordered me to take from every thirty

cows a male or female cow in its first or second year; and to take from every forty cows a cow in its

third or fourth year.”349

hundred and twenty head, the zakaat is one ewe. If there is an addition to one-hundred and twenty up to two-hundred of

them, the zakaat is two ewes. On any addition to that up to three-hundred sheep, then for every one-hundred, one ewe

is to be paid”; this implies that it is not obligatory to pay the fourth sheep until the nmber reaches four hundred. This is

the expressed opinion of the majority of the jurists, who say that the advantage here in mentioning three hundred is to

make clear that the quorum to be paid on what exceeds it, is that there is disagreement regarding what is to be paid

before that amount. It has been transmitted from some of the jurists of Kufa, like al-Hassan ibn Saalih, as well as in a

narration from Ahmad that when the number exceeds three hundred by one sheep, then it is obligatory to pay four

sheep. The meaning of his words: “If the sheep are deficient and less than forty in number, then there are no alms to be

paid upon them except if the owner wills to”; is that he does so as voluntary act. 347 He was the Shaykh’l-Islam Abu’l-Fadl Ahmad ibn Ali ibn Hajr al-Àsqalaani who died in the year 852 A.H. His

commentary upon the Saheeh of al-Bukhari is considered the greatest of the commentaries upon this text and is called

Fat’h’l-Baari. The meaning of his words: “I have not come across the amount to be paid for cows in the two Saheeh

collections”; is from the words of the Shehu may Allah be merciful to him. Everything cited in this book as we

mentioned was cited from the two Saheeh collections except two evidences. The first one being in the prophetic

tradition from the narration of an-Nisai` which he mentioned before in the chapter regarding the superogatory acts of

worship; and the second being this prophetic tradition from the narrations of at-Tirmidhi; as the Shehu, may the mercy

of Allah be upon him cited from the words of al-Qastalaani. 348 He was Abu Ìsa Muhammad ibn Ìsa ibn Sura ibn Musa ibn ad-Duhaak, the blind. He was an erudite traditionist,

and proficient Imam. He composed the al-Jaami`, the al-Ìllal, and the as-Shamaa’il ‘l-Muhammadaiyya. He was born in

the beginning of 210 A.H. and journeyed in search of knowledge. He listened to prophetic narrations in Khurasan, Ìraq,

the Two Sacred Places, but did not travel to Egypt or Syria. Al-Hakim said: “I heard Umar ibn Àlak say: ‘When al-

bukhari died, he did not leave anyone in Khurasan of the like of Abu Ìsa in knowledge, memorization, piety and

asceticism’. He wept for the sake of Allah until he became blind, and remained so, for the remaining two years of his

life.” He died on the 13th

of Rajab in the year 279 A.H. in the town of Tirmidh. 349 The meaning of his words: “The Prophet, may Allah bless him and grant him peace, dispatched me to Yemen”; is

that he sent him there as the Amir or judge. The meaning of his words: “…and ordered me to take from every thirty

cows”; is that the origin of the expression al-baqqar (cow) is from the word ‘to split open’ (baqqara) when something

is ripped apart. It is called that because the cow rips open the land when it grazes, thus it is a cognomen referring to the

entire genus. The feminine letter taa in the word baqqara is for a single cow and refers to both male and female cows;

as Ibn al-Himaam pointed out. The meaning of his words: “…a male or female cow in its first or second year”; is that

the expression tabee` is a male cow which has completed its first year and has entered into its second year. It is called

tabee` (the follower) because it still follows behind its mother. The female cow like this is called tabeeà. The meaning

of his words: “…and to take from every forty cows a cow in its third or fourth year”; is a cow which has completed its

second year and has entered into its third year. The expression ‘musinna’ (yearling) is an active participle from the

expression ‘it has taken on years’ when its years become apparent. This usually applies after the second year, but not

like the years of a human. When it becomes mature it is called ‘jadhàt’ (young in years). It is said it refers to a sheep

which has completed a year. It is said it refers to a sheep which has not yet completed a year; and it is said that it refers

to other specific years. Al-Azhari said: “Indeed cows and sheep when the name ‘yearling’ (musin) is applied to them is

when they are in their second year.” The prophetic tradition was confined to mentioning the female yearling as evidence

that it is not permissible to expend a male yearling as obligatory alms. However at-Tabarani related on the authority of

Ibn Abass in a tradition marfuuàn: “…and to take from every forty cows a female (musinna) or male yearling (musin)

in its third or fourth year.” This prophetic tradition is proof of the obligation zakaat on cows and that its quorum or

amount which should be paid on them is as it was mentioned in the prophetic tradition. Ibn Abd’l-Barr said: “There is

no disagreement among the scholars that the Sunna regarding the zakaat on cows is based upon what was mentioned in

the prophetic traditions of Muàdh.”

On What Has Been Related Regarding Gathering Together Livestock and Separating Them

Fearing to Pay the Charity on Them It has been related in the Saheeh of al-Bukhari in the above-mentioned letter of Abu Bakr:

“Those separated should not be gathered together nor should those gathered together be separated in

fearing to pay the charity on them.”350

350 The fear referred to here is the fear the owner of the wealth of having to pay too much charity; or it means the fear

that the authorities have that too little charity will be paid on it. Since it is conceivable to include both fears in this issue,

one interpolation cannot be given over another. They are both conceivable. However, what is apparent is that the fear

which the owner of the wealth has is more apparent, and Allah knows best. Malik said in his al-Muwatta: “The meaning

of this prophetic tradition is that three people, each who owned forty sheep for which zakaat is obligatory. They then

gather together all their sheep until there is only one sheep obligatory to give on all their collective sheep. Or in the case

of two people who jointly owned two hundred and two sheep, for which there is normally three sheep to be given in

zakaat. They then divide these sheep between them until each person only has to pay one sheep as zakaat on what they

owned.” As-Shafi` said: “This prophetic tradition is actually addressing the owner of the wealth from one perspective

and those who collect it from another. Thus, the issue for each is that none of them contrive anything for gathering or

dividing the wealth out of fear of increasing or decreasing charity. Perhaps the owner of the wealth fears paying too

much charity so he collects or divided it in order to make his dispensation decreased. Or perhaps the authorities fear that

the wealth dispensed for charity will be too little so they collect or divide it in order to make the dispensation of the

charity increased.” This prophetic tradition is proof that the person who possesses less than the quorum for which it is

obligatory to pay the zakaat on silver and gold, for example, then it is not obligatory for him to join the gold with the

silver in order for the quorum to be complete which would then make the zakaat on it obligatory. This is in contrast to

those who say it is permissible to join the two categories of coins, like those who follow Malik; or the joining of the cost

of the two categories like the followers of Abu Hanifa. Ahmad takes this prophetic tradition as proof for a person who

possesses sheep in one land which has not reached the quorum of twenty sheep for which it is obligatory to pay zakaat

in for example Kufa, and he possesses the same amount in Basra; that these two possessions cannot be joined together

due to the fact that they are owned by a single individual, and then the zakaat be taken from them because jointly they

equal the obligatory quoruml as Ibn al-Mundhir said. However, the majority of the jurists conflict with this saying: “The

wealth of the owner should be joined together, even if in two distinct lands he owns sheeps. These should be counted as

one and the zakaat taken from them.” This prophetic tradition also gives evidence of the invalidity of fraud; the

illegality of acting in accordance with the objective of circumstantial evidence, as well as that stipulated zakaat cannot

be cancelled by giving it as a gift to someone else.

On What Has Been Related Regarding Settling Proportionately Between Two Associates

It has been related in the Saheeh of al-Bukhari in the above-mentioned letter of Abu Bakr,

“Whatever belongs to two associates is to351 be settled between them proportionately.”352

On What Has Been Related Regarding the Prohibition of Taken Alms On Old or Defective

Ewes, and Rams

It has been related in the Saheeh of al-Bukhari in the above-mentioned letter of Abu Bakr,

“Alms should not be given with an old or a defective ewe, nor a ram, except when the alms

collector sees fit.”353

351 Here ends facsimile 35 of the Arabic manuscript. 352 The meaning of his words, may Allah be pleased with him: “Whatever belongs to two associates”; are two

associates who have a partnership in ownership. The meaning of his words, may Allah be pleased with him: “…is to be

settled between them proportionately”; is that the two partners in the joint ownership of camels, upon which the

obligation is to give a sheep; and if the camels are in the hands of one of the partners, then the sheep should be taken

from him. He should then return to his partner and they should allot the dividend between them equally. In this

prophetic tradition is evidence that when a person is treated unjustly by taking more than what is an obligation upon

him, that he should not return to his partner with that injustice. He should forfeit to him the value which is specific to

him from what is obligatory and not the addition which was taken unjustly. This is the meaning of his words:

“…between them proportionately.” Another interpolation of joint owners returning to settle their obligatory alms

between one another is when two men jointly own forty sheep between one another, where each owns twenty sheep

equally and each of the men knows the exact allocation of his wealth; then the obligatory alms of one sheep should be

taken from the portion of one of them. He should then return to his partner and take from him the money equal to have

the value of the one sheep. In this prophetic tradition is also proof for the validity of joint commercial interest in specific

assets of wealth. It has been related on the authority of `Ata’a and Tawuus that they both said: “If two people who

jointly share property on which alms has to be paid, and each knows their specific property, then they cannot be

considered joint partners.” Further Malik and as-Shafi` differed regarding the prerequisites of intermixture. Malik said:

“If the two partmers who intermix their property know every single unit of their wealth, then their wealth cannot be

considered as intermixed. This is in accordance with what al-Awzai` said.” Malik also said: “If property is separated in

night shelters where one is kept overnight in one village and the other in another village; then the property has to be

considered as intermixed.” As-Shafi` said: “If the property are not allowed to frolick together, then it cannot be

considered to be intermixed. Thus, the prerequisite for property being intermixed is their frolicking, grazing and taking

water together, and also the intermixing of their bulls.” If anyone of the previously cited prerequisites are lacking then,

their owners cannot be considered partners; with the exception that Malik held the view that they cannot be considered

partners until each of them have the quorum which necessitates the obligatory alms being given. While as-Shafi`

maintained that if their joint property reaches the quorum, and they are partners in it, then one of them is obligated to

pay a single sheep as alms. 353 The meaning of his words, may Allah be pleased with him: “Alms should not be given with an old ewe”; is a senile

female sheep whose teeth have fallen out. The meaning of his words, may Allah be pleased with him: “…or a defective

ewe”; is a female sheep that is flawed, which is one that can normaly be rejected in transaction. It is said that it is one

which is not acceptable in a sacrifice. Including in the meaning of defective are sheep which are ill, male sheep with

respect to females, and one young with respect to one older than it. The meaning of his words, may Allah be pleased

with him: “…nor a ram, except if the one giving the alms sees fit”; where the letter daal in the phrase ‘the one giving

the alms’ (musaddiq) is accentuated with the shadda. There is disagreement among the jurists regarding the exact

vowelization of the word, however, the majority holds the opinion that it is accentuated with the shadda; and means the

actual owner of the property to be given (maalik). This opinion is the particular legal choice of Abu `Ubayd. Thus, the

estimation of the prophetic tradition is that fundamentally an old and defective ewe should not be taken as alms; and

that a ram, which is the stud of the sheep, should not be taken except with the acceptance of the proprietor because he

may be in need of it. This is because taken a ram without his full consent could cause harm to his property, and Allah

knows best. It is based upon this opinion that exclusion is specified only for the third. There are some jurists, however,

who hold that the word is articulated with the extenuation (takhfeef) of the letter saad, where ‘masduq’ (the one who

hands over the alms) is the actual shepherd. It is as if he indicates by this that the property is left in the hands of the

shepherd and he is given the right to make his own independent judgement regarding the property because he has

become its actual guardian and will not dispose of it except in the interest of the proprietor and the advantage of the

On What Has Been Related Regarding the Zakaat’l-Fitr

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, may Allah be

pleased with both of them, who said: “The Messenger of Allah, may Allah bless him and grant him

peace, made the zakaat’l-fitr obligatory. It was either a saaàn (four double-hand scoops) of dates

or a saaàn of barley obligatory upon the captive, the freeman, male, female, the young or old

among the Muslims; and he ordered it to be given before the people went to the prayer.”354

flock. Thus, he acts in compliance with judgment of the legal principles. This is the view of as-Shafi` articulated in the

renown al-Buwaytti and its exact wording is: “…and defective ewes, rams and old ewes should not be taken as alms,

except when the one giving the alms sees that doing so will be better for the destitute; then it can be taken based upon

consideration.” This most resembles the principles of the as-Shafi` in interpolating the exception to include all three

types of sheep. For example, if all of the sheep are defective or are old, then it is permissible to extract the alms from

them. However, the followers of Malik, in this case, requires that the proprietor buy the sheep which can be given in

alms, holding to the apparent meaning of the prophetic tradition, as Ibn Hajr mentioned in his commentary. 354 The meaning of his words, may Allah be pleased with both of them: “The Messenger of Allah, may Allah bless him

and grant him peace, made the zakaat’l-fitr obligatory”; is further qualified by the additional wording of Muslim from

the narration of Malik on the authority of Naafi`: “…in the month of Ramadan.” This is evidence that the time of its

obligation begans from the setting of the sun on the night of the Èid’l-Fitr, because it is the time for the breaking of the

fast of Ramadan. It is said that the time of its obligation is at the appearance of dawn on the actual day of the Èid,

because the night is not the place of fasting, and clarifies the actual breaking of the fast with eating after the appearance

of the dawn. The first interpolation of the time is held by at-Thawri, Ahmad, Is’haq, as-Shafi` in his latter opinion and in

one of the two narrations on the authority of Malik. The second interpolation of the time is held by Abu Hanifa, al-

Layth, as-Shafi` in his older opinion, and in the second of the two narrations on the authority of Malik. Ibn Daqeeq al-

Èid said: “Utilizing this as evidence to arrive at this judgment is weak because the attribution to the al-èid cannot be

taken as evidence for the time of the obligation of giving the alms. Rather, the judgment related to this zakat is

attributed to the breaking of the fast of Ramadan. As for the time of its obligation, then this is taken from another

affair.” The meaning of his words, may Allah be pleased with both of them: “It was either a saaàn (four double-hand

scoops) of dates or a saaàn of barley”; is that there is no disagreement in the path of transmission on the authority of

Ibn Umar in restricting to these two things, except in what was related by Abu Dawud, an-Nisaai’ and others by way of

Abd’l-Àziz ibn Abu Dawud on the authority of Naafi` in whose narration was added rye and raisins. As for rye, it is a

type of barley. The meaning of his words, may Allah be pleased with both of them: “…obligatory upon the captive, the

freeman”; is that its apparent meaning is that the captive is to discharge the zakat’l-fitr himself; however, none of the

jurists hold this view except Dawud, who said: “It is obligatory upon for the owner of the captive to consolidate the

captive with what will allow him to earn a living for which he would then be obligated to pay alms, in the same way that

it is obligatory upon him to consolidate the captive with what will help him to perform the obligatory prayer.” This

view, however, is at variance with the companions of Dawud and the others who adhere to the prophetic tradition of

Abu Hurayra narrated by Muslim: “Alms is not obligatory upon the captive, except the alms of al-fitr.” In another

narration: “Alms of al-fitr in chattel is not obligatory upon a Muslim regarding his captive, nor his horse.” The meaning

of his words, may Allah be pleased with both of them: “…male, female”; is that its apparent meaning is that it is

obligatory upon the woman regardless if she has a spouse or not. This is the expressed opinion of at-Thawri, Abu

Hanifa and Ibn al-Mundhir. Malik, as-Shafi`, al-Layth, Ahmad, and Is’haq held the view that the discharging of the

zakat’l-fitr is obligatory upon her spouse, and is connected to financial maintenance. However, in this there is some

debate because they say that if this is difficult, and if the wife is a captive, then discharging the zakat’l-fitr is obligatory

upon her owner, with exception to financial maintainence. The jurists do agree, however, that it is not obligatory for a

Muslim to discharge the zakat’l-fitr on a wife who is disbeliever, although he is required to financially maintain her. As-

Shafi` takes for his evidence what he transmitted mursil by way of Muhammad ibn Ali al-Baaqir, which was similar to

the the prophetic tradition of Ibn Umar, but added the words: “…from those you are entrusted with.” The meaning of

his words, may Allah be pleased with both of them: “…the young or old”; is that its apparent meaning is that the

zakat’l-fitr is obligatory upon the young. However, the one being actually addressed is the guardian. It is this obligatory

for the guardian of the child to dispatch the alms from its wealth, if not then it is obligatory upon the one responsible for

the financial maintenance of the child. This is the view held by the majority of the jurists. Muhammad ibn al-Hassan

said: “It is obligatory upon the father, absolutely. If the child does not have a father, then there is no obligation upon it.”

It has been transmitted on the authority of Saìd ibn al-Musayyib and al-Hassan al-Basri: “The zakat’l-fitr is not

obligatory except upon those who are able to fast.” They take as evidence for this the prophetic tradition of Ibn Abass

related by Abu Dawud which is marfuà: “The alms of al-fitr is purification from heedless talking and obscenities with

one’s wife for the one fasting.” However, the purification of the zakat’l-fitr cited in the prophetic tradition applies in

most cases, in he same way that it is obligatory upon those who have not commited sins, like the one established in

uprightness or the one who accepts Islam a moment before the setting of the sun on the night of the Èid. It has been

transmitted by Ibn al-Mundhir that the consensus upholds that it is not obligatory to pay the zakat’l-fitr on the fetus in

the womb. He said, further, that Ahmad made it highly recommended but he did not make it obligatory. However, some

of the followers of Ahmad bin Hanbal transmit a narration that the zakat’l-fitr upon the fetus in the womb is obligatory.

This view was also held by Ibn Hazm, however he qualified this with the fetus being at least one hundred and twenty

days, from the day its mother initially became pregnant with the child. The final legal conclusion, however, is that the

condition of pregnancy is not decisive, and that the fetus is not referred to as ‘young’ either linguistically or

customarily. The meaning of his words, may Allah be pleased with both of them: “…among the Muslims; and he

ordered it to be given before the people went to the prayer”; is evidence of the reprehensibility of postponing giving the

zakat’l-fitr beyond that time. Ibn Hazm interpolates this phrase to mean that it is actually prohibited to postspone it

beyond that time. Ibn’t-Teen said: “This means before the people go out to the salaat’l-èid and after the salaat’l-fajr.”

Ibn Ùyayna said in his Qur’anic exegesis on the authority of Àmr ibn Dinar on the authority of Àkrama who said: “A

man should present his zakat on the day of the Èid before its prayer, because Allah taàla says: ‘He has prospered who

gives alms, and then recites the Name of his Lord, and then prays’.” It has been related by Ibn Khuzayma by way of

Kathir ibn Abdallah on the authority of his father on the authority of his grandfathers that the Messenger of Allah, may

Allah bless him and grant him peace was once asked about this verse and he said: “It was revealed regarding the

zakaat’l-fitr.” As-Shafi` upholds that it is highly recommended to limit the zakat’l-fitr being given before the salaat’l-

Èid, due to the fact that the name ‘day’ can apply to the entire day. Abu Mashàr narrated on the authority of Naafi` on

the authority of Ibn Umar saying: “We were ordered to dispense the zakaat’l-fitr before we prayed, so that when the

people dispersed it could be divided among them. This would free them from begging.” This transmission was related

by Saìd ibn Mansuur, however, Abu Mashàr is considered weak. Ibn al-Arabi resolved that this additional wording

was narrated from Muslim. In another narration: “Ibn Umar used to give the zakaat’l-fitr before that time by a day or

two.” In this is evidence that it is permissible to precipitate the giving of the zakaat’l-fitr before the actual day of èid’l-

fitr. As-Shafi` even permitted it to be given on the first of Ramadan, and this was the same with Abu Hanifa. Ahmad

said: “The giving of the zakat’l-fitr should not be precipitated before the time of its obligation, except by one day or

two.” Malik said: “It is absolutely not permissible to precipitate the giving of the zakaat’l-fitr before the time of

obligation.” Here it is ended and with its ending, I end the commentary upon the Book of Obligatory Alms, and success

if with Allah. O Allah I ask You for every good which Your knowledge encompenses in this world and the Next, and I

seek refuge with You from every evil which Your knowledge encompenses in the this world and the Next. O Allah give

us success in following the Sunna of Your prophet, Muhammad, may Allah bless him and grant him peace, outwardly

and inwardly, by his rank that he has with You.

Kitaab’s-Sawm (The Book of Fasting)355

On What Has Been Related Regarding the Obligation of Fasting Based Upon Sighting the

New Moon and Breaking the Fast Based Upon Sighting It

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said

that the Prophet, may Allah bless him and grant him peace, said: “Start fasting on sighting the new

moon and break the fast on sighting it. If it is concealed from you, then complete the period of

Sha`ban by thirty days.”356

355 The etymological origin of the word fasting (sawm) is from abstention. In the at-Tahdheeb it states: “Fasting

linguistically is from the expression of abstaining from a thing and avoiding it. Thus a person fasting is called fasting

because he abstains from food, drink and conjugal relationships.” It is also said about one fasting that he is fasting when

he abstains from talking. It is said regarding a horse that it is fasting by abstaining from feed, although it has the ability

to stand. As for the foundation for fasting in the sharià Allah taàla says: “O you who believe! Fasting has been

prescribed for you just as it was prescribed for those before you in order that you may be fearfully aware.” The

meaning of the expression ‘has been prescribed’ is it has been made obligated and incumbent upon you. The conditions

of its obligation are: [1] Islam; [2] maturity; [3] reason; [4] purification from menstruation and the blood of afterbirth;

[5] health; and [6] being settled. For fasting is not valid from the disbeliever by consensus, although there is

disagreement regarding the obligation for him. Fasting is also not obligatory upon the child, but whether it is allowable

for them or not there is disagreement. And the insane person, fasting is not valid for him, but it becomes obligatory for

him to make it up if he becomes absolutely lucid, according to the more prominent opinion of the madh’hab of Malik.

Although it is said that it is not obligatory for him to make up the fast if his insanity persists for more than two years.

As-Shafi` and Abu Hanifa said that he absolutely does not have to make it up. The woman menstruating or bleeding

from afterbirth, fasting is not valid from her by consensus, and she is obligated to make it up, by consensus. Thus,

fasting is the abstention from eating, drinking and sexual intercourse during the day which must be accompanied by

intention. If water reaches the throat during the rinsing of the mouth or sniffing water up the nose during ablution, then

he has broken his fast; contrary to Ibn Hanbal. As for the use of kohl, if he knows that nothing reached his throat then he

has not broken his fast, if not then he has broken his fast. Abu Masàb said: “He has not broken his fast under any

circumstance”; which is in agreement with as-Shafi` and Abu Hanifa. However, Ibn al-Qasim prohibited the usage of

kohl under any circumstance during the day, in agreement with Ibn Hanbal. As for as emission of sperm as a result of

kissing or touching, then he must make up that day, by consensus, and then make atonement for it in accordance with

Ibn Hanbal, but contrary to as-Shafi` and Abu Hanifa. As for emission as a result of gazing or fantasizing, if it was

persistent, then he must make up that day and make atonement for it, in contrast to as-Shafi` and Abu Hanifa however

regarding atonement. If he does not persists in these, then he must make up that day specifically. As far as the emission

of pre-seminal fluid as a result of touching, kissing, prolonged gazing or fantasizing, then he must make up that day, in

accordance with Ibn Hanbal, in contrast to as-Shafi` and Abu Hanifa. If he however, does not persist in gazing or

fantasizing then there is nothing upon him. The Shehu, may Allah be merciful to him said in his Ùmdat’l-Bayaan: “The

obligations of fasting are two: intention; and to abstain from things which break the fast, like sexual intercourse,

emission of sperm or pre-spermatic fluid, drinking and eating, and other things which reach the throat. The sunnan of

fasting are three: hastening to break the fast; delaying the pre-dawn meal; and keeping the tongue from superfluous

speech.” The Erudite authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said in

his Diya Ùluum’d-Deen in the section regarding fasting and its secrets: “Its obligations are three. The first is being in a

state of attentive watchfulness for the first day of the month until the sighting of the new moon has been established or

until the completion of the thirty days of Sha`baan. The second is making the intention to fast the entire month. And his

state should be that his intention is made clearly and decisively, and it is not valid if it is done during the daytime of the

first day of fasting, or when the intention is done repeatedly then it is invalid. The third is that he should avoid allowing

anything to reach his interior by means of eating, drinking, snuffing, or injection; he should avoid sexual intercourse,

and the emission of sperm by any means, and vomiting. It is highly recommended to expedite the breaking of the fast; to

postpone the pre-dawn meal; to increase in acts of generosity; the recitation of the Qur’an; to refrain the tongue from

permissible speech; and to refrain the heart from reflecting on worldly matters and everything which preoccupies him

from the remembrance of Allah; and not eating much permissible food during the breaking of the fast. Conclusion: it is

a conformed Sunna to fast on the 1st of Dhu’l-Hijja, and the last of it; during the first ten days of Muharram, the days of

Ashura, fasting three days of every month, and Monday and Thursday, And Allah knows best.” 356 The meaning of his words, upon him be blessings and peace: “Start fasting”; is to make the intention for fasting; and

the entire night is the appropriate period for making the intention. The meaning of his words, upon him be blessings and

On What Has Been Related Regarding Fasting the Day of Doubt

It has been related in the Saheeh of al-Bukhari on the authority of Àmaar who said:

“Whoever fast the day of doubt has disobeyed Abu’l-Qaasim, may Allah bless him and grant him

peace.”357

On What Has Been Related Regarding Standing in Prayer During Ramadhan

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, may Allah

be pleased with him that the Messenger of Allah, may Allah bless him and grant him peace, said:

“Whoever stands in prayer during Ramadan with faith and reckoning himself, he will be forgiven

what has gone before from sins.”358

peace: “…on sighting the new moon”; that is to say, fast as a result of or due to sighting the new moon. What is meant

by sighting is the first appearance of the moon after the month of Shawaal. The meaning of his words, upon him be

blessings and peace: “…and break the fast on sighting it”; is that there is no disagreement among the people of

knowledge regarding breaking the fast that the sighting is not accepted except from the testimony of two men. An-

Nawwawi said in his commentary upon Muslim: “The testimony of a single upright man of the new moon of the month

of Shawwal is not permissible with all of the scholars.” The meaning of his words, upon him be blessings and peace: “If

it is concealed from you”; that is to say, if overcast comes between you and being able to sight the moon moon, where it

is covered during the night of the 30th

of Ramadan. Al-Àyni said: “This means that if the new moon is concealed from

you. The clouds are called overcast because they conceal the skies. One says: ‘The new moon is overcast’, when it is

concealed and it cannot be seen due to its concealment by clouds are its like.” The meaning of his words, upon him be

blessings and peace: “…then complete the period of Sha`ban by thirty days”; is that the legal benefits which can be

extracted from this prophetic tradition is that the obligation of fasting and the obligation of breaking the fast which

signals the ending of the fasting is by sighting the new moon. It is in accordance with this meaning that it was related on

the authority of Abu Hurayra who said that the Messenger of Allah, may Allah bless him and grant him peace said:

“Enumerate the new moon of Sha`baan for Ramadan.” Is’haq said: “There is no fasting except by the testimony of two

men.” This was also the opinion of Malik, al-Layth, al-Àwzai`, at-Thawri, and as-Shafi` in one of his opinions. They

take as evidence the prophetic tradition of Abd’r-Rahman ibn Zayd ibn al-Khataab that he was once giving a sermon on

a day which there was doubt regarding the new moon, and said: “Indeed, once I was sitting with the Companions of the

Messenger of Allah, may Allah bless him and grant him peace, and I asked them about this and they narrated to me that

the Messenger of Allah, may Allah bless him and grant him peace said: ‘Start the fast based upon sighting and break the

fast based upon sighting, and make your pilgrimage devotions based upon that. And if the new moon is concealed from

you then complete the thirty days. For if two Muslim witnesses testify, then commence fasting and break your fast’.” 357 The meaning of his words, may Allah be pleased with him: “Whoever fast the day of doubt”; is that the scholars say

that the meaning of the prophetic tradition is not to precede Ramadan with any fasting with the intention of being

precautious for Ramadan. This is based upon the prophetic tradition: “Do not precede the month of Ramadan with

fasting one or two days before it.” As-Suyuti said in his Quut’l-Mughtadhi: “His words: ‘…do not precede the month

with fasting one or two days’ is a prohibition against doing that taking precaution from considering those days as being

apart of the month of Ramadan.” The meaning of his words, may Allah be pleased with him: “…has disobeyed Abu’l-

Qaasim, may Allah bless him and grant him peace”; is evidence for the prohibition of fasting the day of doubt because a

Companion would not say that merely based upon his own opinion, but by way of tracing it back to the Prophet, may

Allah bless him and grant him peace. 358 The meaning of his words, upon him be blessings and peace: “Whoever stands in prayer during Ramadan with

faith”; is that what is meant by ‘faith’ (imaan) is the belief (ìtiqaad) in the truth of the obligation of his fasting. The

meaning of his words, upon him be blessings and peace: “…and reckoning himself”; is that what is meant by self

reckoning (ihtisaab) is seeking the reward for it from Allah taàla. Al-Khataabi said: “The expression ‘reckoning

himself’ means being resolved. That is to say that he should fast with the understanding of yearning for the reward, with

his soul being content with it, without complaining of the difficulty of fasting or the length of its days.” The meaning of

his words, upon him be blessings and peace: “…he will be forgiven what has gone before from sins”; that is to say, the

sins commited before that fasting.

On What Has Been Related Regarding Hurrying to Break the Fast

It has been related in the Saheeh of al-Bukhari on the authority of Sahl ibn Sàd359 that the

Messenger of Allah, may Allah bless him and grant him peace, said: “The people will remain with

good as long as they hurry360 to break the fast.”361

On What Has Been Related Regarding Postponing the Morning Meal

It has been related in the Saheeh of al-Bukhari on the authority of Sahl ibn Sàd, may Allah

be pleased with him who said: “I used to take the early morning meal with my family, then I would

rush to catch the prostration of subh with the Messenger of Allah, may Allah bless him and grant

him peace.”362

359 He was Abu’l-Abass Sahl ibn Sa`d ibn Sa`d ibn Malik ibn Khalid ibn Tha`laba al-Khazraji al-Ansaari as-Saaìdi. He

was a virtuous Imam who was long lived. He was the last of the Companions to die in Medina. He died in the year 91

A.H. at the age of one hundred. 360 Here ends facsimile 36 of the Arabic manuscript. 361 The meaning of his words upon him be blessings and peace: “The people will remain with good as long as they

hurry to break the fast”; that is to say, as long as they adhere to this Sunna. Abu Dharr added in his transmission of the

prophetic tradition: “…and postpone the early morning breakfast”; as it was related by Ahmad. It has been narrated by

Ibn Hibban and al-Haakim from the prophetic tradition of Sahl also using his expression: “My Umma will remain upon

my Sunna as long as they do not wait to break the fast, for the appearance of the stars.” Abu Hurayra added, as it was

related by Abu Dawud and others: “…this is because the Jews and the Christians postpone breaking the fast.” The

postponing which the People of the Book practice is an intentional delay to the appearance of the stars. It is from this

that the People of Knowledge from among the Companions of the Prophet, may Allah bless him and grant him peace

and others make it highly recommended to hasten the breaking of the fast. This is the teaching of as-Shafi`, Ahmad and

Is’haq. The traditionist Ibn Hajr said: “The scholars agree that the circumstance for this is when the setting of the sun

has been verified by sight or by the information from two virtuous witnesses, and likewise from a single virtuous

witness in the preponderant view. Al-Qaari said: ‘Some of our scholars say if a person postpones breaking the fast in

order to discipline the soul, and to connect the two night prayers with superogatory worship, without believing in the

obligation of postponing it; then he wil not be harmed by that.’ I say: On the contrary, this does in fact harm him to the

extent that he forfeits a confirmed Sunna. Since hastening breaking the fast by drinking water, would not negate

spiritual discipline or connecting the two night prayers with superogatory prayers; along with the fact that hastening to

break the fast is manifesting the necessary impotence related to worship, and undertaking the license provided from the

Presence of Lordship.” An-Nawwawi said in his commentary upon the Saheeh of Muslim: “In this prophetic tradition is

encouragement to hasten the breaking of the fast after the setting of the sun has been verified. Thus, it means that the

affair of the Umma will remain harmonious, and they themselves will be in good as long as they preserve this Sunna.

For when they postpone breaking the fast, then that will be the sign that corruption has commenced among them.” Al-

Muhallab said: “The wisdom in this is so that the day is not arbitrarily increased into the night, and because it is more

compassionate to the one fasting and more strengthening for him in his worship.” Ibn Daqeeq’l-Èid said: “In this

prophetic tradition is a clear refutation of the Shiìte sect in their postponing of breaking the fast until the appearance of

the stars. It is because of this that the causative factor for the existence of good is by hastening to break the fast; since

the one who postpones it is included among those who act contrary to the Sunna.” 362 Ìyad said: “What Sahl ibn Sa`d intended in what he said was the extent of his hurrying in consuming his early

morning breakfast to the nearness of the appearance of dawn, to the extent that he almost did not catch the subh prayer

with the Messenger of Allah, may Allah bless him and grant him peace, as well as the severity of the darkness in which

the Messenger of Allah, may Allah bless him and grant him peace prayed the subh prayer.” Ibn al-Muneer said in his al-

Hashiyya: “What is meant here is that they used to conjest the early morning breakfast to the dawn, and would condense

the meal, and hurry it out of fear of missing the prayer.”

In it also363 on the authority of Zayd ibn Thaabit, may Allah be pleased with him who said:

“We took the early morning meal with the Prophet, may Allah bless him and grant him peace. He

then stood up for the prayer.” I asked him: “How much time passed between the adhan and the

early morning meal (suhuur)?” He said: “The time it takes to recite fifty verses from the Qur’an.”364

363 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding It Being Highly Recommended

to Postpone the Early Morning Breakfast. 364 The meaning of his words, may Allah be pleased with him: “We took the early morning meal with the Prophet, may

Allah bless him and grant him peace”; The meaning of his words, may Allah be pleased with him: “He then stood up for

the prayer”; The meaning of his words, may Allah be pleased with him: “I asked him”; The meaning of his words, may

Allah be pleased with him: “How much time passed between the adhan and the early morning meal (suhuur)?” He said:

“The time it takes to recite fifty verses from the Qur’an”;

On What Has Been Related Regarding Increasing of Generosity in Good During Ramadhan

It has been related in the Saheeh of al-Bukhari on the authority of Ùbaydullah ibn Abdallah

ibn Ùtba,365 that Ibn Abass, may Allah be pleased with him once said: “The Prophet, may Allah

bless him and grant him peace, used to be the most generous of men in good. He was even more

generous during Ramahan when Jibril, upon him be peace, would come to him. Jibril, upon him be

peace, used to come to him every night during Ramahan until it was complete reviewing the Qur’an

with him. Whenever Jibril, upon him be peace, would come to him, he was more generous in good

than the flowing winds.”366

365 He was Abu Abdallah Ùbaydullah ibn Abdallah ibn Ùtba al-Hadhili al-Medini, the blind man. He was an Imam in

knowledge, a jurist, the leading mufti of Medina, and the most knowledgeable of its people. He was one of the seven

legendary jurists of Medina. He died in the year 98 A.H. 366 The meaning of his words, may Allah be pleased with them: “The Prophet, may Allah bless him and grant him

peace, used to be the most generous of men”; where ‘the most generous of people’ means that he was more charitable

than any other people. The word generous (juud) means liberality and openhandedness and is among the praiseworthy

qualities. It has been related by at-Tirmidhi on the authority of Sa`d going back to the Prophet, may Allah bless him and

grant him peace who said: “Verily Allah is Generous and He loves generosity.” To the Prophet, may Allah bless him

and grant him peace is attributed another prophetic tradition of Anas: “I am the most generous of the children of Adam;

and the most generous of them after me is a man who learned some knowledge and dessimenates it among the people;

and a man who is generous with his soul in the Way of Allah”; however there is some dispute about the chain of

authority of this prophetic tradition. A narration has been related in the Saheeh from another perspective on the

authority of Anas: “The Prophetm nay Allah bless him and grant him peace used to be the most courageous and most

generous of mankind.” The meaning of his words, may Allah be pleased with them: “…in good”; is the opposite of evil,

and it comprises being generous and virtuous in everything. That is to say, that the Prophet, may Allah bless him and

grant him peace was the most generous of people in all of his bounties, whether from his baraka, soul, knowledge or

wealth. However, the meaning specified in this prophetic tradition is wealth because Allah taàla says: “…if he leaves

any good”, which means if he leaves any wealth. In this is encouragement of being intense in one’s generosity so that it

could not be falsely imagined from his words: “He was even more generous during Ramadan”; that his generosity was

specific for Ramadan only. However, the expression establishes unrestricted generosity for him foremost, and then

attributes to him increase in that during Ramadan. The meaning of his words may Allah be pleased with them: “He was

even more generous during Ramahan”; is that the most generous that the Messenger of Allah, may Allah bless him and

grant him peace was, was during the month of Ramadan; or it means that the Messenger of Allah, may Alla bless him

and grant him peace during the period he was in Ramadan that he was more generous in it than he was in another

month. The meaning of his words, may Allah be pleased with them: “…when Jibril, upon him be peace, would come to

him. Jibril, upon him be peace, used to come to him every night during Ramahan until it was complete”; that is to say,

until the completion of the month of Ramadan. It is apparent from these words that he used to encounter him in this way

every Ramadan from the time that the Qur’an was first revealed. This was not specific to the months of Ramadan after

the hijra, although fasting in the month of Ramadan was only prescribed as an obligation after the hijra to Medina. This

is because the month was called Ramadan by the Arabs before fasting was prescribed as an obligation. The meaning of

his words, may Allah be pleased with them: “…reviewing the Qur’an with him”; is that in the prophetic tradition the

unrestricted mention of the Qur’an includes in it meaning a part of it as well as most of it; because the first Ramadan

immediately after being commissioned as a Prophet only a part of the Qur’an was revealed to him. Then this was the

same in every subsequent Ramadan after that until the final Ramadan in which the whole of the Qur’an was related to

him, except the revelation which was postponed after that final Ramadan from the tenth year of the hijra until the

Prophet, may Allah bless him and grant him peace died in the month of Rabi`’l-Awwal of the eleventh year of the hijra.

Among what was revealed during that period are the words of Allah taàla: “This day have I completed for you your

religion”; revealed on the day of Àrafat while the Prophet, may Allah bless him and grant him peace was there; which

is accepted unanimously. There is, however, disagreement regarding the last of the Qur’anic readings, whether it was

done with all the authorized renditions of Qur’anic recitation or with a single rendition? If it was in a single rendition,

was it the one which Uthman united all the people, or was it another? It has been related by Ahmad, Ibn Abi Dawud,

and at-Tabari by way of Ùbayda ibn Àmr as-Salmaani: “It was what Uthman united the people around and accepted

which was the last rendition of the Qur’an recited to the Prophet.” In another narrative by way of Muhammad ibn

Sireen who said: “Jibril used to recite to the Prophet, may Allah bless him and grant him peace the whole of the

Qur’an”; in a narration similar to that of Ibn Abass, but he added at its end: “…they narrated that our recitation is was

the most recent of recitation which was that of the final rendition Jibril recited.” A similar narrative was transmitted by

al-Haakim from a tradition of Samra with a good chain of authority, which he verified and whose wording was: “The

Qur’an was recited to the Messenger of Allah, may Allah bless him and grant him peace many times. They said that this

recitation of ours was the last rendition which was recited the the Messenger of Allah, may Allah bless him and gant

him peace.” In a narrative by way of Mujaahid on the authority of Ibn Abass who said: “Which of the two recitations

was transmitted as the last of the recitations?” They said: “It was the recitation of Zayd ibn Thaabit.” He then

responded: “No! Verally the Messenger of Allah, may Allah bless him and grant him peace used to recite the Qur’an

once a year to Jibril. In the year in which his soul was taken he recited it twice to him. And the recitation of Ibn Masùd

was the last of the two which were recited.” This somewhat changes the narrative transmitted by Samra as well as the

opinions of those who agreed with him. There is another narrative with Musaddad by way of Ibrahim an-Nakhai`:

“Once Ibn Abass heard a man mention something about the first rendition; and he said to him: ‘What is the first

rendition?’ The man said: ‘Umar dispatched Ibn Masùd to Kufa as a teacher, and the people there received from him

his recititaion. Then Uthman altered the recitation. Thus, the people of Kufa say that the recitation of Ibn Masùd was

the first rendition.’ Ibn Abass then said: ‘It was the last rendition which the Prophet, may Allah bless him and grant him

peace recited to Jibril’.” It has been related by an-Nisaai’ by way of Abu Dhabyaan who said: “Ibn Abass once said to

me: ‘Which of the recitations do you recite?’ I said: ‘With the first recitation, that of Ibn Umm Abd, meaning Abdallah

ibn Masùd.’ He said: ‘Indeed! It was the last of the recitations. Verally, the Messenger of Allah, may Allah bless him

and grant him peace used to recite to Jibril…’; a narration in the end which he said: ‘Ibn Masùd was present then, and

he learned what he transcribed from that and did not alter it’.” The chain of authority of this prophetic tradition is sound.

It is possible to join together the two divergent opinions based upon the possibility that the two last renditions recited

actually occurred in accordance with the two distinct cited renditions. Thus, it is valid to apply the title of last

unrestrictedly to both renditions. The meaning of his words, may Allah be pleased with them: “Whenever Jibril, upon

him be peace, would come to him, he was more generous in good than the flowing winds”; is that in this is evidence of

the permissibility of being effusive when indicating similitude. It also establishes the permissibility of making a

similitude of an abstract thing with that of a sensory thing in order to bring comprehension to those who hear it. This is

demonstrated in the prophetic tradition when he initially established for him the description of generosity, then he

desired to describe him with something in addition to that by resembling his generosity to the flowing winds. Rather, he

made the description even more effusive than that, because a mere wind can become still. In this is clear indication of

diligence in that there are some winds which are sterile and harmful, while there are some which are harbigers of good.

It is the latter winds which are described as flowing in order to distinguish the latter. This is indicated by the words of

Allah taàla: “And He is the One who dispatches the winds as bearers of good news”; and by His words: “And Allah is

the One who dispatches the winds”; and other verses such as these. Subsequently flowing winds are designated as such

as long as they continue to flow. This is the same with the actions of the Messenger of Allah, may Allah bless him and

grant him peace during the sacred month of Ramadan, which were and are enduring and never stopping. In this

prophetic tradition are innumerous advantages. Amomg these is showing immense esteem for the month of Ramadan,

since this month was first designated for the descent of the Qur’an; then it was the time that it was reviewed with him,

and this was further corroborated with the frequent the descent of Jibril during this month. Among these is the unlimited

increased manifestation of spiritual excellence and baraka, from which can be extracted that the superiority of times is

realized by the increase of worship during those times. Among these is that the persistence in recitation of the Qur’an

necessitates an increase in spiritual and temporal good. Among these is it being highly recommended to to increase in

worship during one’s final years. Among these is that the nights of Ramadan are superior to its days, as well as what is

intended in recitation of the Qur’an is the presence of mind and comprehension, since the night is the time and place for

that, while the day time is the time and place for preoccupation and wordly and religious responsibilities. It is

conceivable from this is that the Prophet, may Allah bless him and grant him peace used to review the Qur’an which

had been revealed to him that year by portoning its reading throughout the nights of Ramadan in parts. He used to recite

each night a section from this during a portion of the night. The reason for dividing it in this manner was because of the

what he was preoccupied with beside that during the nights from salaat‘t-tahajjud, bodily rest and the responsibilities to

his wives. Because of this he would review that section of the Qu’ran repeatedly based upon the number of the

authorized renditions of recitations, as well as to allow the baraka of the Qur’an to embrace the entire month of

Ramadan. It has been related by Abu Ùbayd by way of Dawud ibn Abi Hind who said: “I once said to as-Sha`bi: ‘The

words of Allah taàla: ‘The month of Ramadan in which was revealed the Qur’an’; was anything revealed to him in the

remainder of the months of the year?’ He said: ‘Indeed, however in Ramadan Jibril used to review with the Prophet,

may Allah bless him and grant him peace what Allah had revealed in the rest of the year. Then Allah would adjudicate

what He willed and establish what He willed’.” In this narrative is an indication of the wisdom in revealing the Qur’an

On What Has Been Related Regarding Pursuing the Night of Power


pleased with her, that the Prophet, may Allah bless him and grant him peace, said: “Look for the

Night of Power (laylat’l-qadr) on the odd nights during the last ten nights of Ramadan.”367

On What Has Been Related Regarding the I`tikaaf368 It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, may Allah be

pleased with her, who said: “The Messenger of Allah,369 may Allah bless him and grant him peace,

used to go into retreat (ya`takifu) during the last ten days of every Ramadan until he died. Then

after him his wives used to go into retreat in the same manner.”370

in installments in order to give particular detail to what was mentioned from legal rulings and abrogated matters in the

Qur’an. 367 The meaning of his words upon him be blessings and peace: “Look for”; is to seek after. The meaning of his words

upon him be blessings and peace: “…the Night of Power (laylat’l-qadr) on the odd nights during the last ten nights of

Ramadan”; is that the most preponderant and strongest opinion is that the Night of Power is confined to the month of

Ramadan, then within the last ten nights therein, then in the odd nights from them, and not a specific night. However,

the scholars disagree a great deal regarding the Night of Power. We have garnered more than forty different opinions

from their diverse schools of thought, but the most preponderant view of all of them is it is one of the odd nights of the

last ten days of Ramadan and that it moves as it has been related on the authority of Abu Qilaba that he said: “The Night

of Power moves through the last ten nights. And the most expectant of these are the ten odd nights. ” In the opinion of

those who follow as-Shafi`, the most expectant of the ten odd nights are the 21st or the 23

rd. However, the most

expectant of them with the majority of the scholars is the night of the 27th

.” Malik, at-Thawri, Ahmad and Is’haq

narrated textual evidence regarding this. Al-Maawaradi claimed that this night is agreed upon by the scholars, however

it was related in a prophetic tradition of Ibn Abass that the Companions all agreed that the Night of Power was in the

last ten nights, but then disagreed regarding specifying which of them it was, as al-Haafidh cited. 368 Its etymological root is from the expression ‘àkafa’ (to dedicate) oneself to something, that is say to turn towards it

in an adhering manner without turning one’s face from it. Or it means to adhere to a place or to stand by a thing. Allah

taàla says: “They stand dedicated to their idols”; that is to say, they stand by them in a devoted manner. The meaning

of ìtikaaf in the language of the sharià is to stay in the mosque in order to worship. Allah taàla says: “…while you in

retreat in the masaajid”; that is to say staying in the masaajid, not leaving it except for basic human requirements, being

preoccupied with prayer and recitation of the Qur’an. 369 Here ends facsimile 37 of the Arabic manuscript. 370 The meaning of her words, may Allah be pleased with her: “The Messenger of Allah, may Allah bless him and grant

him peace, used to go into retreat (ya`takifu)”; is he used to pass the day and night. The meaning of her words, may

Allah be pleased with her: “…during the last ten days of every Ramadan until he died”; is that there is some

disagreement among the people of knowledge regarding the retreat when a person cuts short his retreat before the time

he intended elapses. Some of the people of knowledge said that when a person shortend his retreat, it is obligatory for

him to make it up. They rely on the prophetic tradition: “The Prophet, may Allah bless him and grant him peace once

left his retreat, but then made the retreat in ten nights from the month of Shawwal.” This is the view held by Malik.

However, some of the people of knowledge said: “If the person took no solemn oath to go into retreat, or anything that

would obligate himself to it, and if it was merely superogatory; then for his leaving the retreat there is no need to make

it up; except if he obligated that as a choice from himself. However, it is not obligatory upon him.” This is the view held

by as-Shafi`. As-Shafi said: “Every action it is important that you do not enter upon it. For once you enter pon that

action and then leave it, it is not an obligation upon you to make it up except the major and lesser pilgrimage.” In the

prophetic tradition is proof that the retreat of Ramadan has not been abrogated and that it is a confirmed Sunnan specific

for the last ten nights of Ramadan in order to seek for the Night of Power. The meaning of her words, may Allah be

pleased with her: “Then after him his wives used to go into retreat in the same manner”; is that in this is evidence that

women are like men regarding retreat, and that he used to give permission for some of them to do so. As for his latter

objection to them making retreat after first given permission as it was related in a sound prophetic tradition, it has

another meaning. It is said that that he did so out of fear that they would not be sincere in their retreat, but rather they

simply desired to be close to him due to their mutual jealousy over him; or because the elapsing of the entire objective

of the retreat by their being with him; or due to the fact that their presence in the masjid along with their children caused

On What Has Been Related Regarding the One in I`tikaaf Not Entering His Home Except Out

of Necessity It has been related in the Saheeh of al-Bukhari on the authority of Aìsha, may Allah be

pleased with her, the wife of the Prophet, may Allah bless him and grant him peace who said:

“Although the Messenger of Allah, may Allah bless him and grant him peace, used enter his head in

my window while he was in the masjid and I would plait it; yet he would only go into the house to

relieve himself when he was in retreat.”371

congestion. Abu Hanifa said: “It is valid for a woman to make retreat in the masjid in her home, which is the place

particularly prepared in her house for making prayer.” Al-Mundhiri said: “This was related by al-Bukhari, Muslim, at-

Tirmidhi and an-Nisaai’.” The Knower of Allah, Shaykh Ma’a’l-Aynayn said in his Daleel’r-Rifaaq:

“Spiritual retreat is among the superogatory acts, and it

Is made obligatory by the solemn oath, confirmed by the consensus

It is not permissible for the one in retreat to have conjugal relations with the spouse

Nor to enter retreat without first making intention, in this there is no dispute.” 371 The meaning of her words may Allah be pleased with her: “Although the Messenger of Allah, may Allah bless him

and grant him peace, used enter his head in my window while he was in the masjid and I would plait it; yet he would

only go into the house to relieve himself”; is what Muslim added in his narration: “except to take of human needs”; and

this was interpolated by az-Zuhri to mean his urination and defecation. The scholars are unanimous in their view that

these two are acceptable exceptions, but they differ regarding all other needs such as eating, and drinking. They also

hold the view that if a person leaves the masjid in order to perform the ablution, it does not invalidate his retreat. The

meaning of her words, may Allah be pleased with her: “…when he was in retreat”; is based on what Aìsha, may Allah

be pleased with her said: “The Sunna for the one making retreat is that he should not visit the sick, not attend the burial

of the deceased, not fondle or touch women; and not leave the masjid except for a necessity.” It has been related on the

authority of Ali, an-Nakhai`, and al-Hassan al-Basri: “If the one in retreat attends the burial of a deceased, visits the sick

or leaves it to attend the juma` prayer, then his retreat has been invalidated.” This is the opinion of the scholars of Kufa

and Ibn al-Mundhir regarding the juma` prayer. At-Thawri, al-Shafi` and Is’haq said: “If he makes any of these matters

as a precondition at the beginning of his retreat, then he does not invalidate his retreat by doing any of them.” This is the

view based upon the transmission of Ahmad. Imam Ibn Juzay said in his al-Qawaneen’l-Fiqhiyya: “If a person leaves

to attaned juma` prayer then his retreat has been invalidated, in contrast to Abu Hanifa and Ibn al-Maajishun. The one in

retreat should not leave it except for four things: to take care of human needs; for that which is indispensable such as

purchasing things for one’s livelihood; for sickness; and for menstruation. Thus, whenever the person leaves for any of

these reasons, then he is still considered in a state of retreat until he returns. As for its time: the least is for a day and a

night. The person has choice in not shortening it from the ten days…It is highly recommended to enter retreat before the

setting of the sun of the day that one intends it. This is permissible by consensus. If he enters after the dawn of the day

that he intended to enter retreat, then this is not permissible. If he enters retreat between the maghrib prayer and ìsha

then there are two opposing opinions regarding its soundness and invalidation. As for coming out of retreat: when a

person leaves after the setting of the sun on the last day, it is permissible; except if he made retreat for the last of

Ramadan; then he is ordered by Maliki school to remain in the masjid until the people leave for Èid prayer. But in that,

the scholars differ regarding if this is an obligation or highly recommended. Based upon that they also differ whether

the person has invalidated his retreat or not when he leaves before that time. As for the prerequisites of retreat, they are

three: [1] intention (and this is consensus); [2] fasting (in contrast to as-Shafi`); and [3] preoccupation with worship

night and day based upon one’s ability such as prayer, remembrance of Allah and recitation of Qur’an (specifically in

the view of al-Qaasim), but with the remainder of actions of the Hereafter in the opinion of Ibn Wahb.” Here it is ended

and with its ending, I end the commentary upon the Book of Fasting, and success if with Allah. O Allah I ask You for

every good which Your knowledge encompenses in this world and the Next, and I seek refuge with You from every evil

which Your knowledge encompenses in the this world and the Next. O Allah give us success in following the Sunna of

Your prophet, Muhammad, may Allah bless him and grant him peace, outwardly and inwardly, by his rank that he has

with You.

Kitaab’l-Hajj (The Book of Pilgrimage)372

372 Hajj (pilgrimage) linguistically means the repetition of one’s objective to the thing intended. The meaning of the

lesser pilgrimage (ùmra) is to visit. You say: “So-and-so the pilgrim (hajj fulaan)”, when you want to indicate his

arrival, or “He is a man sort after (mahjuj)”, when you want to indicate that he is an objective of attention. In the sharià

it means to make Mecca as one’s purpose or objective, in order to fulfill the devotions of either the major pilgrimage of

the minor one, each of which has its principles or actions that if the pilgrim or person making the lessor pilgrimage

perform them has in effect fulfilled the obligations of pilgrimage and the Sunna of the lesser pilgrimage, as it was

defined in the Lisaan’l-Àrab. Thus, hajj is to make as one’s purpose or objective the House of Allah, that is, the Kaàba

in Mecca, which is attributed to Allah by attachment in the words of Allah taàla to His Bosom Friend, Ibrahim, upon

him be peace: “And purify My House for those who circumambulate, those who stand, bow and prostrate.” It is the first

House established for mankind as a place of worship as it was related by Muslim on the authority of Abu Dharr. Allah

taàla says: “Verily the first House established for mankind is the one at Bakka the Blessed, and as a guidance to the

worlds. In it are clear signs, the station of Ibrahim. Whoever enters it he is protected. And for the sake of Allah,

obligatory upon mankind is pilgrimage to the House.” In this regard a tradition was related by Àtaa’ who said: “It has

reached me that the midpoint of the earth is beneath the Kaàba.” Subsequently, pilgrimage was made obligatory by the

words of Allah taàla: “For the sake of Allah it is obligatory upon mankind to make the pilgrimage to the House”; that is

to say, it is an obligation as a form of gratitude for His blessings; or to make it the objective of visitation for a specific

purpose. The Shehu, may Allah be merciful to him said in his Ùmdat’l-Bayaan: “The obligations of pilgrimage are

four: the ihraam (the pilgrim garment); the tawaaf 'l-ifaada (the circumambulation of expatiation); running between

Safa and Marwa; and standing at Àrafat. The Sunnan of pilgrimage are twelve. Four of them are for the ihraam: the

ritual bath (ghusl) which precedes it; removing sewn garments; the two rakaàts; and the talbiya (saying Labayk

Allahumma labayk). Four are for the tawaaf: walking; kissing the Black Stone; supplication without end; and the half

run for men, but not for women. Four are for running (sa`y): kissing the stone; hurrying in the middle of the valley for

men; climbing up Safa and Marwa; and supplication.” The Erudite authority of the Land of the Blacks Abdullahi ibn

Fuduye, may Allah be merciful to him` said in his DiyaÙluum ‘d-Deen: “The pilgrimage is among the fundamental

principles of Islam. The prerequisites for its soundness are: the time; and Islam. It is valid for a child to make

pilgrimage. He can adorn the ihraam himself if he has the ability to distinguish between right and wrong, and his

guardian can adorn the ihraam for him if he is too small. And this does not repeal the obligation of making the

pilgrimage of Islam. Its proper times are the months of Shawwal, Dhu’l Qaìda and the first ten days of Dhu’l-Hijja

while the time for ùmra is the entire year. The prerequisites for its occurrence as the pilgrimage of Islam are: Islam;

freedom; maturity; reason; the time; and having provision which necessitates ability. Its pillars with which it is not valid

without them, and which sacrificing is required by neglecting them are four: the first is the ihraam. Whoever neglects it

has forfeited the pilgrimage and nothing can fix it by neglecting it. The second is running between Safa and Marwa. The

third is the tawaaf al-ifaada. Whoever neglects these two has not forfeited his pilgrimage, but he cannot remove the

ihraam until he does each of them, even if he has gone to the farthest east or west; he must return to Mecca and perform

them. The fourth is stopping at Àrafat at the night of the sacrifice. Whoever forfeits this has actually forfeited his

pilgrimage, however he is commanded to relinquish the ihraam by performing the ùmra and making up at the

beginning.” The meaning of His words: “…for those who have the ability”, is a grammatical substitute for the

expression ‘mankind’ which specifies which of them are obligated. The Messenger of Allah, may Allah bless him and

grant him peace interpolated the expression of ‘ability’ to mean ‘provision and a riding camel to carry him, for most

people living in far off remote regions. However, it is permitted to perform the pilgrimage without provision or riding

mount for he who has attained the station of reliance upon Allah. In the ad-Durur al-Mulqutat of Abd'l-Àzeez it states:

"It is permissible for the one who has attained the station of reliance upon Allah. However, as for he who is weak

hearted, he should not perform the pilgrimage except with provision, as Allah has ordered." Muhammad Bello ibn

Shehu Uthman ibn Fuduye` said in his Tanbeeh’r-Raaqid Fima Ya`tuur al-Haaj Min’l-Mufaasid: “Al-Qiraafi said: “No

other action is restricted with this expression (of ability), which indicates that there are intrinsic difficulties in it which

cannot be found in other acts of worship.” Al-Haythami said: “The absence of ability in other acts of worship like the

prayer and fasting does not completely invalidate their obligation. For only the obligation of performing them with their

differences is removed, in contrast to the absence of ability in the pilgrimage. For the absence of ability removes the

obligation completely.” Ibn al-'Arabi said in his Takhlees an-Nukat, "Our scholars have said that the advantage in

singling out the pilgrimage by mentioning 'ability', over all the other pillars of Islam, is because the other pillars of

Islam are performed by a person while he is resident in his abode free from movement, not having to expose himself to

travel, or encountering dangers nor does he have to journey impoverished and alone. However, in the pilgrimage he will

On What Has Been Related Regarding the Obligation of Hajj

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah ibn Abbas, that a

woman from the tribe of Khath’am373 came and said: “O Messenger of Allah! The obligation of hajj,

which Allah has enjoined upon His slaves, has become due on my father and he is old and weak and

he cannot sit firm in the caravan. May I perform the hajj on his behalf?” He, may Allah bless him

and grant him peace, replied: “Yes.” That occurred during the Farewell hajj of the Prophet.”374

On What Has Been Related Regarding the Merits of an Accepted Hajj

It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, who said: “I

heard the Prophet, may Allah bless him and grant him peace, say: ‘Whoever makes the hajj for

Allah, and does not act obscenely nor cause corruption, will return (from hajj) like the day that his

mother gave birth to him.”375

possibly have to undergo all of that. Thus, Allah tabarraka wa taàla mentioned 'ability' in pilgrimage in order to point

out the lifting of this legal issue from him.” 373 The woman was from Khathàm, which was a well known tribe, originating from Khathàm ibn Anmar who came

from Yemen. It is said that the name of the tribe takes its origin from the phrase ‘al-khathàma’ which means to smudge

ones body with blood. Thus, it was by this name they became known because they used to sacrifice camels and then

smear their bodies with its blood and this became the sign of their confederation. 374 The meaning of her words, may Allah be pleased with her: “O Messenger of Allah! The obligation of hajj, which

Allah has enjoined upon His slaves, has become due on my father and he is old and weak and he cannot sit firm in the

caravan”; is that it is unanimous among the jurist regarding the permissibility of being a proxy in pilgrimage, in that its

is allowable in an obligatory pilgrimage, but not for a person deceased or an amputee. This also does not include a

person who is merely sick because it is hoped that he will be cured; nor a person insane because it is hoped that he will

become lucid; nor one imprisoned because it is hoped that he will be freed; nor the poor because it is possible for him to

be enriched. The meaning of her words, may Allah be pleased with her: “May I perform the hajj on his behalf?”; is as it

was cited in the narrative of Ali: “Is it allowable for me to do it on his behalf?” The meaning of his words, may Allah

bless him and grant him peace: “Yes.”; is that yes it is permissible for you to make the pilgrimage on his behalf. Shaykh

Abd’r-Rahman al-Baghdadi in his Irshad as-Saalik: “It is disliked for someone to make the pilgrimage on behalf of

another before performing his own obligatory pilgrimage. While some say it is forbidden.” The meaning of his words,

may Allah be pleased with him: “That occurred during the Farewell hajj of the Prophet”; is that this dialogue between

the woman and Messenger of Allah, may Allah bless him and grant him peace occurred during the farwell pilgrimage.

In this prophetic tradition is established the permissibility of acting as a proxy in questioning regarding knowledge,

where even a woman can seek knowledge on behalf of a man. In it is also established showing filial piety, assisting

them in their affairs, and taking care of their welfare such as paying their debts, financial maintenance, and other than

that from religious and worldly affairs. It also establishes the proof that the lessor pilgrimage is not an obligation, since

the Khathàmiya woman did not mention it. 375 The meaning of his words, upon him be blessings and peace: “Whoever makes the hajj for Allah”; that is to say,

those who make the pilgrimage purely for the sake of Allah. This includes both the major pilgrimage and minor

pilgrimage. The meaning of his words, upon him be blessings and peace: “…and does not act obscenely”; is that al-

Azhari said: ‘The phrase ‘rafath’ (obscenely) is a generic comprehensive noun which embraces anything of a sexual

nature that a man can desire to do with a woman.’ Ìyaad said: “This is taken from the words of Allah taàla: ‘…and

does not act obscenely nor causes corruption’. The majority of the jurists hold the view that what is intended by this

verse is actual sexual intercourse.” The meaning of his words, upon him be blessings and peace: “…nor cause

corruption”; is that is does not commit evil nor any act of disobedience. It is for this reason the person dissents from

obedience is called ‘faasiq’ (corrupt). The meaning of his words, upon him be blessings and peace: “…will return (from

hajj) like the day that his mother gave birth to him”; is that he will return without sins. Its apparent meaning is that he

will be forgiven of his small and major sins as well as the consequences of these.

On What Has Been Related Regarding the Mawaaqeet376

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abbas, who said:

“The Prophet, may Allah bless him and grant him peace, made the waqqat for the people of Medina

that of Dhu’l-Hulayfa, for the people of Syria that of al-Juhfa, for the people of Najd that of Qarn’l-

Manaazil,377 and for the people of Yemen that of Yalamlama. These are those and for the people

who come to them from outside for those desiring hajj and ‘umra. Other than these then their

waqqat is from wherever they set out, even the people of Mecca is from Mecca.”378

376 The expression ‘mawaaqeet’ is the plural of ‘meeqaat’ (rendez-vous) and means the designated extent for an action

regarding time or place. Or it means the appointed time for an action and its place. The author of the al-Muntaha said:

“Everything which has been given a time and an end, then that is its rendez-vous. One says: ‘Its time is on this

particular day’, meaning by that its appointed time.” From this meaning is derived designating a time for a thing, when

its time limit has been clearly clarified. Then this meaning was expanded to be an expression which is used to designate

the place as well. Thus it is said regarding a local that it is the ‘meeqaat’ which conjugated from mifàal whose

etymological root is miwqaat, where the letter waw is changed to the letter yaa because of the vowelization of the meem

with kasra. Thus, the expression ‘meeqaat’ is actually a verbal noun of the expression ‘waqt’ (time). The mawaaqeet of

pilgrimage are the places or locals for the time for wearing the pilgrimage garment (ihraam). Shaykh Ibn Rashd al-

Qurtubi said: “The majority of the scholars hold the view that whoever commits an error at these locations and his

objective is to wear the ihraam and he does not adorn himself with it except after it, then he is obligated to make a blood

sacrifice. There are those who say: that if he then returns to the meeqaat and adorns himself with the ihraam, then the

blood sacrifice is removed from him. This is the expressed view of as-Shafi`. Among them are those who say: that even

if he returns to the meeqaat and adorns himself with the ihraam, it still does not absolve him of the blood sacrifice. This

is the expressed view of Malik. Some of the people of knowledge say: that there is no blood sacrifice on him at all,

while others say: that is he does not return to the meeqaat, then his pilgrimage has been invalidated, and that he should

return to the meeqaat and make his sacrifice for the minor pilgrimage and then proceed. All of this was cited from the

al-Ahkaam.’ 377 Here ends facsimile 38 of the Arabic manuscript. 378 The meaning of his words, may Allah be pleased with them: “The Prophet, may Allah bless him and grant him

peace, made the waqqat for the people of Medina”; that is to say the city of the Prophet, may Allah bless him and grant

him peace. The meaning of his words, may Allah be pleased with them: “…that of Dhu’l-Hulayfa”; is as Ibn Hazm said:

‘It is a well known place between Medina and Mecca by about 198 miles.’ The meaning of his words, may Allah be

pleased with them: “…for the people of Syria that of al-Juhfa”; is that it is a desolate village which lies about five or six

stages between Syria and Mecca. It is called ‘juhfa’ (eradicated) because a torrential flood eradicated it. Ibn al-Kalbi

said: “At one time the Amalek used to reside in Yathrib, and there occurred between them and the Banu Àbil, the kin

of the people of Àad, a fierce war. Thus, the Amalek were driven out of Yathrib and settled in Muhayà, then a

torrential flood came and eradicated them or uprooted them, thus it became known as al-Juhfa.” It was called The

meaning of his words, may Allah be pleased with them: “…for the people of Najd that of Qarn’l-Manaazil”; is that Najd

means every place which is elevated. But is meant here the land whose highest regions are Tihama, and Yemen and its

lowest regions are Syria and Iraq. The Manaazil referred to here is the mountain which lies about two stages between it

and Mecca in the direction of the east. The meaning of his words, may Allah be pleased with them: “…and for the

people of Yemen that of Yalamlama”; is that it is a place about two stages from Mecca between it and Mecca is about

thirty miles. The meaning of his words, may Allah be pleased with them: “These are those”; is that their mawaaqeet (the

stopping points) of the above mentioned communities or for its people, but the first is the foundation. The meaning of

his words, may Allah be pleased with them: “…and for the people who come to them from outside”; that is to say, those

who come to these mawaaqeet and are not originally from the people of the above mentioned lands. Thus the judgment

applies to them if they enter the land of that particular meewqat or do not enter it. For those who do not enter it there is

no problem on them since they do not have a specific meeqat assigned to them. The meaning of his words, may Allah

be pleased with them: “…for those desiring hajj and ‘umra”; is that this statement is proof of the permissibility of the

none pilgrim entering Mecca without being in ihraam. The meaning of his words, may Allah be pleased with them:

“Other than these”; that is to say, those residing between the meeqat and Mecca.The meaning of his words, may Allah

be pleased with them: “…then their waqqat is from wherever they set out”; is that their meeqaat is from wherever they

commence with the ihraam whether from their local up until Mecca, and this is an issue agreed upon. However, in

another narration it says: “their meeqaat is with their people”, that is to say, that they are not required to leave to the

meeqat in order to dress in the ihraam, or to start from it. Rather they can dress in the ihraam in Mecca itself. Nor is it

On What Has Been Related Regarding the Talbiyya379

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah ibn Umar, who

said: “The talbiyya of the Messenger of Allah, may Allah bless him and grant him peace, was: ‘At

Your service, O Allah! At Your service and You have no partner. At Your service and the praise

and blessings belong to You, and the kingdom. There is no partner with You’.”380

required for them to return to the meeqat to dress in the ihraam. As for the lesser pilgrimage, it is obligatory upon him

to leave to the least place of sacrifice. The meaning of his words, may Allah be pleased with them: “…even the people

of Mecca is from Mecca”; That is to say, that its meeqat wherever the ihraam is initiated since its place is the precincts

of Mecca itself. This is a ruling in which there is unanimous agreement concerning. Or it means that they are not

required to leave and go to the meeqaat for the ihraam, or from it. Rather they can dress in the ihraam from Mecca, and

they are not required to return to the meeqaat in order to dress in the ihraam from there. 379 The expression talbiya is a verbal noun taken from the verb ‘labaya’, meaning saying: ‘At your service’ and its doer

is always implicit in the expression. Its meaning as we mentioned previously in the Book of Belief is from the

expression ‘remaining’ (labb) with the letter laam inflected with fat’ha meaning in this context ‘to answer a call’. The

etymological root of the phrase is from ‘to remain in a place steadfastly’; that is, ‘to be established in it and adhere to it’.

Thus, the meaning of his words: “At your service” is “I remain in Your obedience”, or: “I am firmly established in Your

obedience, steadfastly”. Ibn Abd’l-Barr said: “A large group among the people of knowledge, say: that the meaning of

the talbiya is the response to the transcendent invitation of Ibrahim when he called the whole of humanity to make the

pilgrimage.” It has been related by Ahmad ibn Maniù in his Musnad on the authority of Ibn Abass who said: “When

Ibrahim upon him be peace completed the construction of the House of Allah, it was said to him to invite humanity to

the pilgrimage. He said: ‘My Lord, what will make my voice reach them?’ He said: ‘You just call them, it is upon Me to

make it reach them’. So Ibrahim made the call saying: ‘O mankind! It has been prescribed for you pilgrimage to the

Pure House!’ Then he was heard by everything between the heavens and the earth. Do you not see how people come

from the furthest limits of the earth answering the call?” It has been related by way of Ibn Jurayj on the authority of

Àtaa’ on the authority of Ibn Abass in which it mentioned: “Humans existing in the loins of men and in the wombs of

women answered him with the talbiya. And the first of those who responded were the people of Yemen. For there is no

pilgrim who makes the hajj from that time until the impending establishment of the Hour, except that he is among those

who are answered the invitation of Ibrahim, when he made it then.” 380 The meaning of his words upon be blessings and peace: “At Your service”; is that the meaning of ‘at your service’ is

that ‘I have turned my face and my aims solely to You’. It is said that it means that ‘my love is solely for You’, taken

from the expression: ‘a woman enamored (lubba)’, which means she is in love. It is said that it means: ‘my sincerity is

solely for You’, taken from the expression: ‘pure affection’ (habbu lubaab) which means pure and unadulterated. It is

said that it means: ‘I am permanently fixed in obecience to You’, taken from the expression: ‘the residing of a man in a

place’ (lubba ‘r-rajulu bi’l-makaan) when he actually resides in that place. It is said that it means: ‘I have drawn near to

You’, taken from the expression: ‘the innermost part’ (albaab), which implies something near. It is said that it means: ‘I

have made myself submissive to You.’ However, the first meaning is more apparent and known because the person

consecrated for pilgrimage is a respondent of the call of Allah to Him in making pilgrimage to His House. It is for this

reason that he supplicates saying: ‘At Your service! For I have answered Your call!’ The meaning of his words upon be

blessings and peace: “O Allah! At Your service! At Your service and You have no partner. At Your service and the

praise and blessings belong to You”; is as Ibn al-Muneer said in his al-Haashiyya: “He combines both praise and

blessings because praise is normally related to blessings. It is for this reason that it is normally said that praise is given

to Him for His blessings.It is as if he said: ‘There is no praise except to You because there is no blessings except that it

comes from You’.” The meaning of his words upon be blessings and peace: “…and the kingdom”; is that ‘kingdom’

means His sovereignty is Independent and stands by Itself. This is cited in order to corroborate the fact that all blessings

belong solely to Allah, who is the Sole Owner of sovereignty. The meaning of his words upon be blessings and peace:

“There is no partner with You”; that is to say, there is no associate with Him deserving praise, or who can cause

blessings to occur. Gramatically there is nothing which prevents the word: ‘al-mulk’ from being in the nomincative case

and that the expression: ‘There is no partner with You’ is its predicate, meaning ‘in His kingdom.’ It is this manner that

it was interpolated in the al-Muraqaat. This citation given in the prophetic tradition is the actually true articulation of the

talbiya. Abu Ìsa said: “This was the behavior (àmal) of some of the people of knowledge from the Companions of the

Prophet, may Allah bless him and grant him peace and others. It is also the view held by Sufyan, as-Shafi`, Ahmad and

Is’haq.” About this as-Shafi` said: “If any addition is made to the talbiya from the glorification of Allah there is no harm

in it Allah willing. However, what is most loved to me is that the talbiya is confined to that made by the Messenger of

On What Has Been Related Regarding What Clothes is to Be Worn by the One in Ihraam

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said that a

man once asked saying: “O Messenger of Allah what clothes are proper for the one in ihram to

wear?” He, may Allah bless him and grant him peace, said: “He should not wear shirts, turbans,

trousers, burnouses, or leather socks, except if a person cannot find sandals. In that case he can wear

leather socks, but cut them off below the ankles. He should also not wear any attire which has been

dyed with anything from saffron or any kind of yellowish dye.”381

Allah, may Allah bless him and grant him peace.” His evidence in permitting additional expressions to the talbiya is in

what has come on the authority of Ibn Umar in his adding words to the talbiya of the Messenger of Allah, may Allah

bless him and grant him peace by his words: “At Your service! Being desirous of You”, also based upon the social

behavior transmitted as al-Mubaarakuuri said in his Tuhfat al-Ahwadhi. 381 The meaning of his words, may Allah be pleased with them: “…a man once asked saying: “O Messenger of Allah

what clothes are proper for the one in ihram to wear?”; it is agreed by the jurists that what was intended her by ‘a man’,

does not include in its judgment what women should wear during that time. Ibn al-Mundhir said: “It is the agreement of

the jurists that a woman can wear all the clothing mentioned, and that they are only partners with men in the prohibition

of wearing attire which has been dyed with saffron or other dyes.” The meaning of his words, upon him be blessings

and peace: “He should not wear shirts, turbans, trousers, burnouses, or leather socks”; is that Ìyad said: “The Muslims

are unanimous regarding the fact that the attire cited in this prophetic tradition cannot be worn by the one consecrated

for the pilgrimage; and that the upper garments and lowers garments referred to is any sewn garment; that the turban

and burnous indicates any thing which covers the head whether it be sewn or not; and that leather socks refers to

anything that is used to cover the feet.” The meaning of his words, upon him be blessings and peace: “…except if he”;

is as Ibn al-Muneer in his al-Hashiyya: “What can be deduced from this is the permissibility of utilizing the phrase

“one” regarding corroboration, in contrast to those who specify that it can only be used out of necessity in reference to

corroboration in poetry. What is apparent to me in this by investigation is that it cannot be utilized in corroboration

except when it is followed by the particle of negation.” The meaning of his words, upon him be blessings and peace:

“…cannot find sandals”; is as Ibn al-Àrabi said: “If what covers the feet becomes like sandals, then it is permissible. If

not then whatever covers the upper part of the feet is not permissible except when what is permissible cannot be found.

What is meant here by the lack of discovery is that one is unable to obtain it either because it is non existent or the

owner abandons expending on it because he is unable to bear the cost even when he finds someone who sells it or who

can bear the cost for him. If it is sold to him at a disadvantage it doesnt require him to buy it or if it is given to him it

does require him to accept it except if he alters it.” The meaning of his words, upon him be blessings and peace: “…In

that case he can wear”; is the apparent meaning of the imperative implies that it is obligatory. However, since the

sharià has been enacted to facilitate and is not suitable to being taxing, then the imperative in the case is simply a

license. The meaning of his words, upon him be blessings and peace: “…leather socks, but cut them off below the

ankles”; is that one is required to reveal the ankles during the wearing of the ihraam. The ankles refer to the two

protruding bones at the meeting of the shin and the foot. The scholars have said that the wisdom in the prohibition of the

person in ihraam from wearing clothing and perfumes is in order to distance him from being self indulgent and to make

him be depicted with the traits of those who are humble. While the divestment is a reminder of his arrival at his Lord,

which is the closest state one can be in attentive awareness of Him and it is a barrier to commiting unlawful acts. The

meaning of his words, upon him be blessings and peace: “And he should not wear any attire which has been dyed with

anything from saffron or any kind of yellowish dye”; is evidence for the prohibition against all forms of dyes, or some

of them even when their scents are light. Malik said in his al-Muwatta: “It is reprehensible to wear anykind of dyed

clothing because it invalidates the pilgrimage.”

On What Has Been Related Regarding Entering Mecca From the Two Elevated Places and

Leaving Mecca from the Two Low Places It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, may Allah be

pleased with him who said: “The Messenger of Allah, may Allah bless him and grant him peace,

used to enter Mecca from a mountain trail which was at the highest point and he would leave Mecca

from a mountain trail which was at the lowest point.”382

382 The meaning of his words, may Allah be pleased with both of them: “The Messenger of Allah, may Allah bless him

and grant him peace, used to enter Mecca from a mountain trail which was at the highest point”; this trail which is the

highest point of Mecca is the place of the graves of the people of Mecca. The trail was very difficult to ascend until

Mu`awiyya made it easy, then after him al-Mahdi did the same as al-Azraqi mentioned. Then the place was improved

again in the time of Ibn Hajr in the year 811 A.H. Then again the entire area was renovated in the time of the patron

ruler of Egypt around 820 A.H. Any mountain pass or high road is called a mountain trail (thaniya). The meaning of his

words, may Allah be pleased with both of them: “…and he would leave Mecca from a mountain trail which was at the

lowest point”; is located at the Shabeeka Gate near the Syrian subdivision of Mecca from the direction of Qa`yiqa`aan.

Ibn Hajr said: “In the ninth century A.H. the gate was built marking its location.”

On What Has Been Related Regarding Saluting the Black Stone383

It has been related in the Saheeh of al-Bukhari on the authority of ‘Aabis ibn Rabi’a,384 on

the authority of Umar may Allah be pleased with him who once came to the Black Stone, kissed it

and said: “Verily I know you are but a stone, which can neither harm385 nor benefit. If I had not

seen the Messenger of Allah, may Allah bless him and grant him peace, kiss you, I would not do

so.”386

383 The meaning of the expression ‘greet’ (istislaam) is to greet the black stone by kissing it or embracing it. Al-Azhari

said: “It is a form of salutation where the greetings is made by wiping it with the hands as an acceptance of the greetings

of peace with the intent of taking blessings by means of that.” Al-Jawhari said: “Al-Layth held the view that the

greetings to the Black Stone was by pointing the hand at it, kissing it and by wiping the palm over it.” He also said:

“The greetings to the Black Stone is done by touching it ether by kissing or with the hands.” The Black Stone, may

Allah ennoble it is the stone of at the corner of the House of Allah. Sometimes it is singled out merely as ‘the Stone’ as

a way of showing esteem for it. It has been related in a prophetic tradition: “The Black Stone is the Right Hand of Allah

in His earth.” Ibn al-Athir said: “This is analogous and imaginative language whose origin is taken from a ruler who

when a man shakes his hand he also kisses the outside of his hand. Thus, it is as if the Black Stone to Allah is in the

place of the right hand to a ruler which greeted and then kissed. Thus, anything which is cited in the Qur’an or

prophetic traditions with a reference to a Hand, or two Hands and other than that from the names given to bodily limbs

in reference to Allah àzza wa jalla, is made metaphorically and allegorically, for Allah is free of resemblance to

creation (tashbeeh) and substantiation (tajseem).” This is further corroborated by the prophetic tradition from the

narration of ad-Daylami on the authority of Anas: “The Black Stone is the Right Hand of Allah. For whoever touches

his hand to the Stone, has in affect taken the oath of allegiance with Allah not to disobey Him.” 384 He was Àbass ibn Rabià an-Nakhai` al-Kufi. He was a proof in jurisprudence who narrated prophetic traditions

from Ali ibn Abi Talib, Umar, and Ai`sha. The numbers of prophetic traditions related by him were insignificant. 385 Here ends facsimile 39 of the Arabic manuscript. 386 The meaning of his words: “…who once came to the Black Stone, kissed it”; is in accordance with what was related

on the authority of Ibn Abass who said: “I saw Umar once kiss the Black Stone three times and then said…” and he

mentioned the same following quote. The meaning of his words may Allah be pleased with him: “Verily I know you are

but a stone”; is as Imam at-Tabari said: “Indeed Umar said that because the people in recent times had been accustomed

to worshipping idols. Umar feared that some of the ignorant may assume that greeting the Stone was showing esteem

fro some stones as the Arabs did in the times of jaahiliyya. Consequently, Umar wanted to instruct the people that

greeting the stone is out of following the Messenger of Allah, may Allah bless him and grant him peace; not because the

Stone can bring benefit or harm in itself, as the the people in the time of jaahiliyya believed regarding their idols.” The

meaning of his words may Allah be pleased with him: “…which can neither harm nor benefit”; is except by the

permission of Allah. It has been by al-Haakim from a prophetic tradition of Abu Saìd: “The when Umar said that Ali

ibn Abi Talib said to him: ‘Verily it brings harm and benefit!’ He went on to say that when Allah took the primordial

covenant with the children of Adam. He then transcribed that on a parchment and loaded it in the Stone. He said: ‘I

heard the Messenger of Allah, may Allah bless him and grant him peace say: ‘The Black Stone will be brought on the

Day of Judgment and it will have a sharpened tongue by which it will testify regarding those who greeted it while

recognizing the Divine Unity’.” The meaning of his words may Allah be pleased with him: “If I had not seen the

Messenger of Allah, may Allah bless him and grant him peace, kiss you, I would not kiss you”; is as al-Muhallab said:

“This aforementioned narration of Umar is a refutation of those who say that the Stone is actually the Right Hand of

Allah on earth with which the servant shakes. Allah forbid that He would have corporeal bodily limbs.” The kissing of

the Stone was enacted as law as a choice in order to know by direct witnessing the obedience of those who are obedient.

This is similar to the story of Iblees when he was ordered to prostrate to Adam. Al-Khataabi said: “The meaning of the

Black Stone being the Right Hand of Allah on earth is that whoever kisses, touches or points to it in the earth will have

made a solemn covenant with Allah. It is for this reason it has become a custom that whenever an oath is taken with a

ruler it is customary for those who recognize his authority to take his and hand and then verbally pronounce the oath he

has taken. Thus, in these words of Umar is a form of surrendering to the Lawgiver affairs of the religion, and a symbol

of the excellence of his adherence to him even in those affairs whose meanings was unknown. This is an immense

principle regarding following the Prophet, may Allah bless him and grant him peace in all of his actions even when the

wisdom of that action is unknown.” In this is refutation of some of the academicians in these times of ours who claim

that there is no necessity to follow the Sunna of the Messenger of Allah, may Allah bless him and grant him peace in all

his circumstances, words and deeds, except in the issues which are obligatory, prohibited and highly recommended. It it

On What Has Been Related Regarding Saying the Takbir at the Corner of the Black Stone

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abbas, who said:

“The Prophet, may Allah bless him and grant him peace, made tawaaf around the House upon a

camel. Whenever he came upon the Yemeni corner he would point towards it with whatever was

with him and then made glorification.”387

On What Has Been Related Regarding Making the Tawaaf 388


pleased with him who said: “I saw the Messenger of Allah, may Allah bless him and grant him

peace, when he had proceeded to Mecca, he first saluted the corner of the Black Stone and made the

tawaaf by trotting the first three tawaafs of the seven.”389

In it also on his authority390 who said: “The Prophet, may Allah bless him and grant him

peace, used to run three courses and walked four during the hajj and the ‘umra.”391

also is a preventative against what some of the ignorant people believe regarding the Black Stone that it has special

qualities that are intrinsic with it. It is also a clear explanation of that the Sunnan comprise words and actions, and that

when the Imam fears that his actions may adversely cause corruption to anyone, that he should immediately explain the

affair and clarify it to the people. 387 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

made tawaaf around the House upon a camel”; is as Jaabir ibn Abdallah said: ‘He made the circumambulation while on

a camel so that the people could see him, and ask him questions.’ Ibn Bataal said: “In this prophetic tradition is proof of

the permissibility of entering animals whose meat is eatable into the masjid if it is required, because it urine is not

impure. This is contrary to other animals.” The meaning of his words, may Allah be pleased with him: “Whenever he

came upon the Yemeni corner he would touch it with whatever was with him”; in this case it was a cane which was a

stick with curved handle as it was explicitly stated in a narration on the authority of Ibn Abass: “The Prophet, may Allah

bless him and grant him peace made circumambulation during the farewell pilgrimage upon a camel and he would greet

the corner with a cane.” Muslim added in a prophetic tradition from Abu Tufayl: “…and he would then kiss the cane.”

In another tradition of Muslim from Ibn Umar: “…he would greet the Stone with his hand and the kiss it.” In a narration

of Saìd ibn al-Mansuur by way of Àtaa’ who said: “I saw Abu Saìd, Abu Hurayra, Ibn Umar and Jaabir greet the

Stone and then kiss their hands.” Based upon this it is the opinion of the majority of the jurists that the Sunna is to greet

the Stone by touching it directly with the hand and then kiss the hand. If one is not able to directly touch the hands to

the Stone, he should greet it with whatever is in his hand and then kiss that thing. If he is unable to do this then he

should simply point to it and this will suffice. It has been related on the authority of Malik: “He should not kiss his

hand.” This was the same opinion of al-Qaasim. In a narration with some of the followers of Malik that he can place his

hands to his mouth without actually kissing it. The meaning of his words: “…and then made glorification (kabbara)”; is

that he said: ‘Allahu akbar’ (Allah is the greatest!).” 388 The etymological root of the expression ‘tawaaf’ (circumambulation) is from ‘to go around a thing’ (taaf bi’s-

shay’), which means to turn around it. Allah taàla says: “…and they should circumambulate the Ancient House.” In the

prophetic traditions where the expression ‘tawaaf bi’l-bayt’ is used it means to circulate around the Ka`ba. 389 The meaning of his words, may Allah be pleased with him: “I saw the Messenger of Allah, may Allah bless him and

grant him peace, when he had proceeded to Mecca, he first saluted the corner of the Black Stone and made the tawaaf

by trotting”; is that he enacted as law regarding walking. The expression ‘khabath’ (trotting) refers to an animal when it

moves fast and its legs become spirited. The meaning of his words, may Allah be pleased with him: “…the first three

tawaafs of the seven”; is that he actually made seven circumambulations, and he did not stop at all during them. Ibn

Bataal said: “Naafi` said: ‘I did not see Ibn Umar standing at all during the tawaaf except when he greeted the Corner’.”

Naafi` also said that standing still during the tawaaf is a heretical innovation. The scholars of the Sunna dislike stopping

or sitting during the circumambulation except for those who or weak. Then there is no harm in stopping or standing still

a little in order to get rest. Then he should continue with what remained. Ibn Bataal also said: “Whoever answers the

invitation of his father Ibrahim coming from remote and difficult distances under adverse circumstances, it is then not

proper after reaching such actions to then become derelict by stopping or sitting except for a valid reason.” 390 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Issue of Tawaaf also on the

authority of Ibn Umar.

On What Has Been Related Regarding the Two Rak’ats After Tawaaf Behind the Maqaam392

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar, who said:

“When the Prophet, may Allah bless him and grant him peace, reached (Mecca), he made the

tawaaf of the House seven times and then prayed two rak’ats behind the maqaam of Ibrahim.”393

391 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

used to run”; is that he walked swiftly during the walking of the first three tawaaf. The meaning of his words, may

Allah be pleased with him: “…three courses and walked four during the hajj and the ‘umra”; is that this happened

during the farewell pilgrimage and the ùmra of making up, because of Hudaybiyya it was not possible for for him to

make tawaaf. 392 The origin of the expression ‘maqaam’ (station) is a place where one places the feet firmly, thus the expressions

‘muqaam’ and ‘muqaama’ are both places in which a persons stands. The meaning that the expression has here is a

reference to the station of Ibrahim. It has been related by Abu Nuàym in his ad-Dalaa’il from a prophetic tradition of

Ibn Umar: “The Prophet, may Allah bless him and grant him peace once took the hands of Umar and passed it over the

station and said to him: ‘This is the station of Ibrahim’. Umar then said: ‘O Prophet of Allah, should I take it as a place

of prayer?’ Then Allah taàla revealed His words: ‘And take the station of Ibrahim as a place of prayer’. He thus, saw

the prayer at the station as atonement for the one who circumambulates the House.” As-Sadiy said: “The Station is the

stone which the wife of Ismaìl placed beneath the feet of Ibrahim, upon him be peace, when she washed his head.” Al-

Qushayri said on the authority of Anas who said: “I saw in the Station the traces of his toes, heel and feet.” During the

time of Ibrahim this station was connected to the House and remained so until Umar himself, may Allah be pleased with

him had it moved back to the place where it is now. This was related by Abd’r’r-Razaaq in his Musanif on the authority

of Àtaa’ and others on the authority of Mujahid. None of the Companions objected to the actions of Umar, nor did

those after them, subsequently the acceptance of his actions became the consensus. 393 The meaning of his words, may Allah be pleased with him: “When the Prophet, may Allah bless him and grant him

peace, reached (Mecca)”; was in the year seven A.H. before the conquering of the city. The Messenger of Allah, may

Allah bless him and grant him peace made the lesser pilgrimage as make up from al-Hudaybiyya. The meaning of his

words, may Allah be pleased with him: “…he made the tawaaf of the House seven times and then prayed two rak’ats

behind the maqaam of Ibrahim”; is that he did so following the command of Allah taàla: “And take the Station of

Ibrahim as a place of prayer.” The proof of its obligation is in the words of Allah taàla: “wa atakhidhuu” (and take),

with the letter khaa inflected with the kasra indicating an imperative command, as the majority of the Imams of

Qur’anic recitation recite it. It has been related in the narration of Muslim on the authority of Jaabir who said: “When

the Prophet may Allah bless him and grant him peace saw the House he then greeted the Corner, trotted three times and

then walked four times (around the Kaàba). He then approached the Station of Ibrahim and recited the words of Allah:

‘And take the Station of Ibrahim as a place of prayer’. He then prayed two rak’ats, reciting in both of them: ‘Say: He

Allah is One’ and ‘Say: O you who disbelieve’.” It says in another narration: “He then positioned the Station between

him and the House, and prayed two rak’ats.” As-Sadiy said regarding the meaning of His words: ‘And take the Station

of Ibrahim as a place of prayer’: “They were ordered to pray at it.” Ibn Umar related that he upon him be peace prayed

two rak’ats at the Station of Ibrahim. A group of the jurists held the opinion that it is obligatory to pray behind the

Station. However Ibn Rushd al-Qurtubi said: “They are unanimous that it is from the Sunna of the tawaaf to pray two

rak’ats after the completion of the tawaaf.”

On What Has Been Related Regarding Making Tawaaf While in Wudu

It has been related in the Saheeh of al-Bukhari on the authority of ‘Urwa ibn az-Zubayr,394

who said: “The Prophet, may Allah bless him and grant him peace, made the hajj and A’isha

informed me that the first thing which he began with was that he made the wudu and then made the

tawaaf of the House.”395

394 He was Abu Abdallah Ùrwa, the son of the Disciple of the Messenger of Allah, may Allah bless him and grant him

peace, az-Zubayr ibn al-Àwaam ibn Khuwaylid ibn Asad ibn Abd’l-Ùzza ibn Qusay ibn Kilaab al-Qurayshi al-Asadi

al-Medini. He was an Imam in knowledge, the foremost scholar of Medina, and one of the reknown Seven Jurists. He

was born in the year 23 A.H. during the khilaafa of Uthman ibn Àfan. He narrated only a few prophetic from his father

due to his young age. He also narrated from his mother Asma bint Abu Bakr as-Sideeq, his maternal aunt, the Mother of

the believers, Aìsha with whom he kept constant company and learned jurisprudence. He took from many of women

Companions, like Umm Habiba, Umm Salama, Umm Hani, Umm Shareek Faatima bint Qays, Dubaaàt bint az-Zubayr,

Busra bint Safwaan, Zaynab bint Abu Salma and Àmra al-Ansari. He also received transmission from Ali ibn Abi

Talib, al-Hassan, al-Husayn, Jaabir ibn Abdallah, Saìd ibn Zayd, Abu Hurayra, Ibn Abass, Zayd ibn Thabit and a huge

number of companions besides them. Ùrwa used to recite a fourth of the Qur’an every day gazing upon the Scriptures

and he would stand in prayer during the night reciting the same. He only abandoned this the night his leg was

amputated. Usama said on the authority of Hisham ibn Ùrwa that his father died while he was fasting. Ùrwa died in

the year 93 A.H. at the age of 67. 395 The meaning of her words, may Allah be pleased with her: “…that the first thing which he began with was that he

made the wudu and then made the tawaaf of the House”; is that he began with the ablution before the tawaaf, because

making circumambulation of the House is prayer, as Ibn Abass said, and added: “…except that Allah taàla permits

speech during it.” It is thus obligatory for the person making the tawaaf to be in a state of ablution because it is prayer

itself, or because his prayer which he performs in the Station is connected to his tawaaf. In this is the evidence which

establishes that ablution is required for the person making the tawaaf since the Prophet, may Allah bless him and grant

him peace did it, and said: “You should take your pilgrimage rites from me.” The Imams have agreed that he upon him

be peace made the ablution for the person making tawaaf apart of the law. However, they differ whether it was

obligatory and a prerequisite for its soundness, or not. Malik, as-Shafi`, Ahmad and the majority of the jurists said: “It is

a prerequisite for the soundness of the tawaaf.” Abu Hanifa said: “It is highly recommended and is not a prerequisite for

its soundness.” The majority of the jurists however, advance this prophetic of Ùrwa as their justification, along with the

prophetic tradition: “You should take your pilgrimage rites from me”; as judgment that the tawaaf is obligatory and that

everything that he did during the rites of pilgrimage are among those things which he ordered us to take from him. It has

been related in the prophetic tradition of Ibn Abass from at-Tirmidhi and others: “The Prophet, may Allah bless him and

grant him peace once said: ‘The tawaaf of the House is prayer, except that Allah permits in it speaking’.” There is an

improbable trace back to the Prophet for of this narration, although it is sound that it does stop with Ibn Abass. Even

with that, it is considered a proof because it is the words of a Companion which has become prevalent. For when the

opinion of a Companion becomes prevalent without anyone disagreeing with it, then it becomes a proof for the

soundness of the prophetic tradition.

On What Has Been Related Regarding Drinking the Water of Zamzam396

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abaas, may Allah be

pleased with him who said: “I gave the Messenger of Allah, may Allah bless him and grant him

peace, to drink from zamzam water and he drank while standing.”397

396 The meaning of the expression ‘Zamzam’ is from a large group, abundance, or that which saturates. It is a reference

to the famous well at the Kaàba in Mecca. Ibn Barri said: “The Zamzam has twelve names: Zamzam, maktuuma (the

concealed), madnuuna (the arduous), shubaaà (the saturator), suqyaa (that given in drink), rawaa’ (fresh water), the

gushing of Jibreel, the fountain of Jibreel, the quencher of thirst, the food of one in need, and the ditch of Abd’l-

Muttalib.” It has been related on the authority of the Prophet, may Allah bless him and grant him peace who said: “The

best of water wells on earth is Zamzam, and the most malevolent wells on earth barhuut.” Barhuut is a well located in

Yemen in Hadramawt in which is deposited the spirits of the disbelievers. It has also been related on the authority of the

Prophet, may Allah bless him and grant him peace who said: “Verily the Zamzam used to be called during the days of

ignorance ‘the one that satisfies’ because its water would quench the thirst of the person thirsty and fill the stomach of

the person hungry.” He, upon him be blessings and peace said: “The water of Zamzam for whatever it is drunk.” This is

a well known custom which the scholars and the people of spiritual excellence do. They customarily drink it in order to

seek by means of it sublime states which they obtain. It is for this reason that Mujahid said: “If you drink it desiring a

cure, Allah will cure you. If you drink it desiring that ceasing of thirst Allah will cause it to cease. If you drink it

desiring to be sated Allah will satisfy you. It is the fountain of Jibreel, and the drink which Allah gave to Ismaìl.” As

for the Sunna of drinking from the water of Zamzam Ibn Abass said: “It is necessary that it be taken up in a pail. One

should face the direction of the qibla, and make supplication. Then he should drink making sure to take three breaths,

while taking great gulps. For verily I heard the Messenger of Allah, may Allah bless him and grant him peace say: ‘The

sign which distinguishes us from the hypocrites is that they cannot take huge gulps from the water of Zamzam’,” The

scholars say it is highly recommended for the one drinking it to ask for forgiveness, or a cure from sickness and the like;

and that he should say: ‘O Allah! It has reached me that the Messenger of Allah, may Allah bless him and grant him

peace used to say: ‘The water of Zamzam for whatever it is drunk.’ O Allah! Verily I am drinking it so that You can

forgive me, and do such-and-such for me. So forgive me and do such-and-such for me.’ Or he can say: ‘O Allah! Verily

I am drinking it as a curative so cure me’; and the like. He upon him be peace said: “The water of Zamzam will never be

exhausted and drained.” This means that its water will never become annihilated in spite of extensive usage. It has been

related on the authority of Ibn Abass that he said regarding the water of Zamzam: “Verily it is food of the person

seeking food, and a curative of the sick.” This means that it satisfies the person when he drinks its waters in the same

way that food satisfies. 397 The meaning of his words, may Allah be pleased with him: “I gave the Messenger of Allah, may Allah bless him

and grant him peace, to drink”; is that he came to the Messenger of Allah, may Allah bless him and grant him peace

with water from the well of Zamzam as a means of serving him. In this prophetic tradition establishes the merits of the

courtesies of the spiritual disciple with his spiritual guide. The meaning of his words, may Allah be pleased with him:

“…from zamzam water”; is that drinking from the water of Zamzam is from the sunnan of the pilgrimage because of its

spiritual merits and baraka. However, it has been transmitted from Ibn Jurayj on the authority of Naafi` on the autority

of Ibn Umar that he did not drink from it during the pilgrimage. That is to say, that he was not persistent in drinking it,

in order that people not falsely assume that he considered drinking it as a necessary obligation of the pilgrimage. The

meaning of his words, may Allah be pleased with him: “…and he drank while standing”; is in accordance with another

narration from him: “The Prophet, may Allah bless him and grant him peace drank while standing from the water of

Zamzam.” In these narrations establishes the permissibility of standing up while drinking. For if standing while drinking

the water of Zamzam was permissible then standing while drinking anything else is even moreso permissible. It has

been related in a transmission on the authority of Àmr ibn Shuàyb on the authority of his father, on the authority of his

grandfather who said: “I once saw the Prophet, may Allah bless him and grant him peace drinking while standing and

while sitting.” It has been related by Abd’l-Malik ibn Maysira on the authority of at-Turaak ibn Sibra who said: “I once

witnessed Ali pray the dhuhr prayer, then he sat in order to take of the needs of the people in one of the open areas of

Kufa. He did this until the time of the approached of àsr. He was then given a glass in which was some water. He took

a scoop in both hands and then wiped his face, head and hands. He then stood and drank the remainder of the water and

said: ‘Indeed some of the people consider it reprehensible to drink while standing. However, the Messenger of Allah,

may Allah bless him and grant him peace did exactly what I just did.’ Or he said: ‘…like what I just did.’ He then said:

‘This is the ablution of the one who has not broken his ablutuon’.” Here ends facsimile 40 of the Arabic manuscript.

On What Has Been Related Regarding Running Between Safa and Marwa398


pleased with him who said: “The Prophet, may Allah bless him and grant him peace, reached Mecca

then made seven tawaafs of the House, and prayed two rak’ats behind the maqaam of Ibrahim, and

then made the rounds between Safa and Marwa seven times.”399

398 Safa is the plural of Safaat and means a solid volcani rock. Marwa refers to small stones. For Safa and Marwa are

two small mountains in Mecca, which are obligatory to walk seven courses between, after making the tawaaf of the

minor or major pilgrimage. This must be accompanied with hurried walking between the two green inclines. Imam an-

Nawwawi said in his Tahdheeb’l-Asmaa wa’l-Lughat: “Safa is the beginning of running and it is an exclusive elevated

area close to the door of the Sacred Mosque. It is a small peak or segment from the mountain of Abu Qubays, and is

now equal to eleven steps in height. As for Marwa which is an extremely low peak in a depression which is apart of the

mountain Qaàyqaàn. The meaning of running between them is walking swiftly while in the depths of the valley

between them.” It says in the al-Muwatta: “…when one’s feet reach the depths of the valley he should run.” The Shehu

may Allah be merciful to him said in his Ùmdat’l-Bayaan that running between Safa and Marwa are among the

obligations of the pilgrimage. The school of thought of the majority of the scholars from among the Companions, the

Taabiùun, and those after them is that running between Safa and Marwa is a pillar from the pillars of pilgrimage which

cannot be valid without it. It can neither be compensated for by blood sacrifice or anything else. Among the scholars

who uphold this view are Malik, as-Shafi`, Ahmad, Is’haq, and Abu Thawr. Their evidence is the apparent meaning of

the words of Allah taàla: “Indeed Safa and Marwa are among the rites of Allah.” That is to say, that they are from the

known conventions which Allah have mentioned for his servants to recognize as rituals and rites where He is

worshipped, either by means of supplication, rememberance or by performing what he has obligated upon them from

the ritual actions to be performed there. Abu Hanifa running between Safa and Marwa is incumbent. If it is abandoned

then it is an act of disobedience, which can only be compensated for by blood sacrifice, then the pilgrimage is made

valid. Some of the scholars of the early community said that running between Safa and Marwa is voluntary, and is not

incumbent. Their proof being what is understood from the words of Allah taàla: “There is no harm on him if he goes

between them.” However, the opinion of the majority of the scholars is foremost as Aìsha, may Allah be pleased with

her said: “The Messenger of Allah, may Allah bless him and grant him peace had established the Sunna of making

rounds between them. Thus, it is not permissible for anyone to abandon making the rounds between them.” 399 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

reached Mecca”; for the lesser pilgrimage as it has been related in most of the narratives. The meaning of his words,

may Allah be pleased with him: “…then made seven tawaafs of the House”; is that he hastened three times during it and

then walked four times during it, as it was stated explicitly in the narration of Jaabir. The meaning of his words, may

Allah be pleased with him: “…and prayed two rak’ats behind the maqaam of Ibrahim”; by positioning the Station

between himself and the House of Allah. He then recited in them: ‘Say: He Allah is One’ and: ‘Say: O you who

disbelieve.’ He then saluted the corner and then went out to Safa and Marwa. In the narration of Ibn Umar he said:

‘Indeed for you in the Messenger of Allah, may Allah bless him and grant him peace is an excellent example.’ The

meaning of his words, may Allah be pleased with him: “…and then made the rounds”; this is merely verbal license

because the going between them is called ‘say’ (running) and not actually ‘tawaaf’ (circumambulation), since the reality

of lawful tawaaf does not take place here. Or it constitutes a linguistic reality. The usage of the phrase ‘tawaaf’

unrestrictedly to ‘say’ is either due to the outer appearance or because it is a type of ‘tawaaf’ since it occurs as a

companion to the actual ‘tawaaf’ of the House. The meaning of his words, may Allah be pleased with him: “…between

Safa and Marwa seven times”; is that he began with what Allah began with by His words: ‘Indeed Safa and Marwa are

among the rites of Allah’. Thus, he came to Safa and climbed the peak until he could see the House. He then unified

Allah and magnified Him and said: ‘There is no deity except Allah, the One who has no partner. To Him belongs the

kingdom, and to Him is the praise, and He has power over all things.’ He then walked until his feet moved fast

downhill. He then ran until his feet slowed going up hill. He then walked until he reached Marwa. The then did the same

thing on Marwa that he did on Safa until he completed his rounds. Àtaa’ said: “The Sunna which is superior is that

the Prophet, may Allah bless him and grant him peace did not make a round from the seven rounds except that he

prayed two rakàts after each one.” It has been related by Ibn Jurayj who said: “Àtaa’ related to me that the

Messenger of Allah, may Allah bless him and grant him peace used to pray after each of the seven rounds two raka`ts.”

This is the opinion of the majority of the jurists, and is the expressed view of Malik, the jurist of Kufa and Abu Thawr.

This is the most preponderant view because the one who does so is following the Sunna.

On What Has Been Related Regarding the Dhuhr Prayer on the Day of Tarwiya at Mina400

It has been related in the Saheeh of al-Bukhari on the authority of Abd’l-Azeez ibn Raafi’,401

who said: “I asked Anas ibn Malik, may Allah be pleased with him: “Inform me of something

which you comprehended from the Messenger of Allah, may Allah bless him and grant him peace;

which was where did he pray the dhuhr and ‘asr prayers on the Day of Tarwiya?” He said: “At

Mina.”402

400 The day of tarwiyya (watering) is the 8

th day of the month of Dhu’l-Hijja. It is called the day of watering (tarwiyya)

because it is the day that they traditionally watered their camels and carried water to that place; because it was a place

which lacked water wells and springs. It is also said that there are other obscure reasons for this day being named

Tarwiyya taken from the root ‘raa’a’ (to see). Among these is on that day Adam saw (raa’a) Hawa and became rejoined

with her. Among these is that on the night proceding that day Ibrahim saw in a vision (raa’a) that he was to sacrifice his

son. He then awoke reflecting and envisioning (yatarawaa) what he had to do. Among these is it was on this day that

Jibreel, upon him be peace showed (araa’) Ibrahim the rituals of pilgrimage. Among these also is that on this day it is

customary for the Imam to teach the people the rituals of the pilgrimage. As for Mina it is a place in Mecca named that

because it is where blood is caused to gush forth (manaa). Ibn Shamayl said: “It is called Mina because it is the place

where male sheep are caused to gush forth (muniya), that is to say, sacrificed.” Ibn Ùyayna said: “The name is taken

from the phrase ‘manaayaa’ (to face death).” However, the first opinion is the most authentic. 401 He was Abu Abdallah Abd’l-Àziz ibn Rafi` al-Asadi al-Kufi. He was a veracious traditionist, who narrated

prophetic traditions on Ibn Abass, Ibn Umar, Anas ibn Malik, Qaadi Sharayh, Zayd ibn Wahb, Ùbayd ibn Ùmayr and

others. He narrated about sixty prophetic traditions. He died in the year 130 A.H. while he was in his tenth decade in his

hundreds. 402 The meaing of his words, may Allah be pleased with him: “Inform me of something which you comprehended”; is

inform of what you discerned and understood from him. The meaing of his words, may Allah be pleased with him:

“…from the Messenger of Allah, may Allah bless him and grant him peace”; that is, what you comprehended from his

words, actions and Sunna may Allah bless him and grant him peace, because Allah taàla says: ‘There is for you in the

Messenger of Allah an excellent example.’ And by his words, may Allah bless him and grant him peace: “Take your

pilgrimage rituals from me.” The meaing of his words, may Allah be pleased with him: “…which was where did he

pray the dhuhr and ‘asr prayers on the Day of Tarwiya?”; is in which place did he pray these two prayers? The meaing

of his words, may Allah be pleased with him: “At Mina”; is that he, may Allah bless him and grant him peace prayed

the dhuhr and the àsr in Mina. The judgment is that the people have legal amplitude regarding this as al-Muhallab said.

For it is conceivable for them to leave whenever they like and pray in whatever place they are in. It is for this reason

that Anas said in the last of his narration: “You should do what your rulers do.” For if he has the ability to pray dhuhr

and àsr in Mina on the day of Tarwiyya, then he should do so. If he is able to to pray at Mina all five prayers, then he

should do so. What is highly recommended from that, however, is what the Messenger of Allah, may Allah bless him

and grant him peace did by praying the dhuhr and àsr at Mina. This is the view of Malik, at-Thawri, Abu Hanifa, as-

Shafi`, Ahmad, Is’haq, Abu Thawr and a large number of the scholars from the people of Mecca; that the people can

leave for Mecca after the ìsha prayer. This is evidence that the ruling is very broad. The reason for it being highly

recommended to establish the dhuhr and àsr prayers on the day of Tarwiyya at Mina is because of it being preferable to

leave for Mina before dhuhr and then pray the dhuhr and àsr there. Imam an-Nawwawi said: “Their leaving Mecca

after the subh prayer where they are able to pray the dhuhr in the beginning of its chosen time is what is sound and well

known from the textual evidence of as-Shafi`.” Further, the prophetic tradition of Ibn Umar transmitted in the al-

Muwatta on the authority of Naafi`, which stops with him, as well as the narrations of Ibn Khuzayma and al-Haakim by

way of al-Qaasim ibn Muhammad on the authority of Abdallah ibn az-Zubayr who said: “Apart of the Sunna of

pilgrimage is that the Imam should pray the dhuhr and those prayers after it, as well as the subh prayer at Mina, and then

they all should proceed on to Àrafat.” This legal judgment is consistent with what was cited in the prophetic tradition

of Jaabir from Muslim: “When the day of Tarwiyya dawned, they all headed in the direction of Mina, and made the

sacrifices for the pilgrimage. Then the Messenger of Allah, may Allah bless him and grant him peace arrived and prayed

the dhuhr, the àsr, the maghrib, the ìsha and the fajr while there.” It is for this reason that it is permissible to stay over

night at Mina during the night of Àrafat, and there is no harm if one reaches Àrafat at the time that it is obligatory to

be there. There is also no compensation for this like the compensation required when a person abandons staying over

night at Mina after the stopping of the day of stoning the Jimaar. This is the opinion of Malik, Abu Hanifa, as-Shafi`,

and Abu Thawr. After the rising of the sun one is required to head in the direction of Àrafat.

In it also403 on the authority of ‘Ubaydallah ibn Abdallah ibn Umar404 on his father, who

said: “The Messenger of Allah, may Allah bless him and grant him peace, prayed at Mina only two

rak’ats; as well as Abu Bakr, Umar and Uthman, at least he did in the beginning of his khilafate.”405

403 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Prayers at Mina. In it is an

explanation of the quantity of the four rakàt prayers to be performed in Mina; are they to be prayed as they are or are

they to be shortened. 404 He was Abu’l-Qaasim Ùbaydullah ibn Abdallah ibn Umar ibn al-Khataab ibn Nufayl ibn Abd’l-Ùzza ibn Riyaah

ibn Qarat ibn Razaah ibn Àddiy al-Qurayshi al-Àddiyi. He was a resident of Medina, and was veracious in his

transmission of prophetic traditions. He was an ascetic and scrupulously pious mujtahid. He was the blood brother of

the reknown Saalim ibn Abdallah ibn Umar. 405 The meaning of his words, may Allah be pleased with him: “The Messenger of Allah, may Allah bless him and

grant him peace, prayed at Mina”; is as Muslim added in his narration from Saalim on the authority of his father: “…at

Mina and other places…”, which is to say that he did the same in Àrafat and Muzdalifa. The meaning of his words,

may Allah be pleased with him: “…only two rak’ats”; as shortened travel prayers. The meaning of his words, may

Allah be pleased with him: “…as well as Abu Bakr, Umar and Uthman”; is that they did exactly what the Messenger of

Allah, may Allah bless him and grant him peace did, because they were those who possessed the authority. This is the

meaning of Anas’ words: ‘Do what your rulers do.’ In this is a clear indication of following those who possess the

authority and being extremely vigilant against transgression from the Jamaàt. For none of the Muslim rulers

dismounted at Abtaah, and they all made efforts to pray the dhuhr and àsr prayers at Mina, just as the Lawgiver, may

Allah bless him and grant him peace did. It is for this reason that the four mujtahid Imams and others considered it

highly recommended to do so. The meaning of his words, may Allah be pleased with him: “…at least he did in the

beginning of his khilafate”; is as Muslim added in his narration: “…then he completed the prayers with four rakàts”.

This means that during the first period of the rule of Uthman ibn Àfan he used to pray the four rakàt prayers as two

rakàt shortened prayers during travel, just as the Prophet, may Allah bless him and grant him peace, Abu Bakr and

Umar did. However, after six years of his rule he began to complete the prayers with four rakàts during travel, but this

completion was done specifically while in Mina; as Ìmraan ibn al-Hissein explicitly stated in his narration: “Indeed

Uthman completed the prayers while at Mina.” There have been many diverse ideas from the scholars presented for the

reasons that Uthman completed the travel prayers in Mina. However, the soundest perspective on this is what the

learned Badr’d-Deen Abu Muhammad Mahmud ibn Ahmad al-Àyni said: “Indeed both Uthman and Aìsha, may Allah

be pleased with both of them used to compete the travel prayers because they believed that during travel the Messenger

of Allah when choosing between shortening or completing the prayers, he always chose what was easiest for his Umma.

Aìsha, herself said: ‘The Messenger of Allah, may Allah bless him and grant him peace never had a choice between

two affairs, except that he always chose the easiest of the two, as long as their was no sin involved in it.’ Thus, she and

Uthman chose for themselves the stricter (shidda) ruling and abandoned the concession (rukhsa), when the judgment of

choice permitted it in what Allah taàla gave permission. What proves this was the vehement objection made by Ibn

Masùd against Uthman for completing the travel prayers; and this was in spite of the fact that he continued to pray

behind Uthman when he completed the prayer. When he was questioned about this he said: ‘The Jamaàt being in

discord is a double evil’!” It is for this reason that the scholars differ regarding the necessity of shortening the prayer at

Mina. Malik, al-Awzai` and Is’haq were of the opinion that the people of Mecca, those who reside there and in the

towns close to it are required to shorten the prayers while at Mina, Àrafat and Muzdalifa, because the shortening of the

prayer is a Sunna connected to the place of pilgrimage rituals; and only those who actually live in Mina and Àrafat can

complete the prayers as if resident. On the other hand, at-Thawri, Abu Hanifa, as-Shafi`, Ahmad, and Abu Thawr held

the view that the above mentioned people were required to pray the prayer complete at these places. They said: “If a

person’s travel is not really the travel in which the prayers are shortened, then his judgment is the same as the judgment

of one who is resident.” That is to say, that when a person’s journeying is specific for the purpose of the major or lesser

pilgrimage, then he is not a traveler. He is then required to pray his prayers completely. However, the views of Malik,

al-Awzai` and Is’haq is more consistent with the Sunna. As for the transmiited supplications for those leaving Mecca for

Mina, Imam an-Nawwawi said in his al-Adhkaar: “It is highly recommended when leaving from Mecca heading in the

direction of Mina that one says: ‘O Allah it from You that I place my hopes, and it is to You that I supplicate. So make

my virtuous expectations be realized. Forgive me of my sins, and favor me with what You have favored the people of

Your obedience. Indeed, You have power over all things’.” The traditionist Abu Is’haq al-Harbi said in his al-Manaasik:

“When a person sets out from Mina to Àrafat, it is highly recommended for him to say: ‘O Allah I have directed myself

towards You, and it is Your Generous Contenance that I desire. So make my sins forgiven, my pilgrimage blessed and

accepted. Be merciful toward me and do not disappoint me. Indeed You have power over all things.” The author of the

On What Has Been Related Regarding Joining Two Prayers Together at ‘Arafat406

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Shihaab,407 who said:

“Salim ibn Abdullah ibn Umar 408 informed me that al-Hajjaj ibn Yusef on the year that he

al-Adhkaar also said: “It is highly recommended at Mina during the day of the sacrifice, when departing from the

Sacred rites, and when reaching Mina, to say: ‘All praises are due to Allah who permitted me to attain safety and well-

being. O Allah this is Mina, and I have come to it as Your servant underneath Your grasp. So I ask You that You favor

me as You favored Your close friends. O Allah verily I seek refuge with You from forbidden things and affliction in my

religion, O Most Merciful of the merciful’.” 406 Àrafat is a place in Mecca, named ‘arafat’ (understanding) because it is there that people become acqaintanted

(yataàarifuun) with themselves, their Lord, and people all together. It is said that it was named Àrafat because when

Jibreel, upon him be peace made the rounds with Ibrahim upon him be peace showing him the observable place of the

pilgrimage rites, he would repeatedly ask him: “Do you understand (aàrifta)? Do you understand (aàrifta)? Ibrahim in

turn responded: ‘I understand (àriftu). I understand (àriftu)’.” It is also said that when Adam upon him be peace was

sent down from Paradise and he and Hawa were separated for a time; he eventually encountered her again at that place,

where he recognized her (àrafahaa) and she recognized him (àrafathu). However, Allah knows best about the veracity

of these narratives. It has been related in the authority of the Prophet, may Allah bless him and grant him peace who

said: “The best supplication for the day of Àrafat, and the best which I say and Prophets before me said is: There is no

deity except Allah, the One with no partner. To Him belongs the kingdom and the praise, and he has power over all

things.” It is also highly recommended on that day to make abundance remembrance of Allah and supplications, and

make strenuous effort in these. For this is the best day of the year for supplications. The stopping at Àrafat is the most

immense event of the pilgrimage. Whoever experiences it has actually accomplished the pilgrimage, and with its

forteiture the pilgrimage is forfeited. It is for this reason that the Messenger of Allah, may Allah bless him and grant

him peace said: “Pilgrimage is Àrafat.” It has been related in a prophetic tradition: “There is no day in which Iblees is

more vanquished and more exasperated than he is on the day of Àrafat.” It is thus, necessary that humanity expend all

of his efforts in remembrance of Allah, supplication, recitation of the Qur’an and making all varieties of calling upon

Allah taàla. They should make supplications for themselves and make remembrance of Allah in every place. They

should make supplication individually and in congregation. They should make supplications for themselves, their

parents, near relatives, teachers, companions, friends, loved ones, all those who ever did good for them and for all the

Muslims. They can supplicate against all those who envy them, their enemies, and the disbelievers. The majority of the

jurists hold the view that this above mentioned collective gathering of supplication is specific for those traveling with it

prerequisites. It has been related on the authority of Malik, al-Awzai` and a specific perspective of as-Shafi` that

gathering together at Àrafat is a ritual collective which is permissible for everyone. 407 He was Abu Bakr Muhammad ibn Muslim ibn Ùbaydullah ibn Abdallah ibn Shihaab ibn Abdallah ibn al-Haarith

ibn Zuhra ibn Kilaab ibn Murra ibn Ka`b ibn Luway ibn Ghalib al-Qurayshi az-Zuhri al-Medini. He was famous as ‘Ibn

Shihaab az-Zuhri’. He was a learned Imam and the leading traditionist of his time. He was born in the year 50 A.H. and

settled eventually in Syria. He was physically short, with a slight beard. He received transmission from Abdallah ibn

Umar, his son Saalim, Sahl ibn Sa`d, Anas ibn Malik, Abu at-Tufayl Àamir, Abdallah ibn Àamir ibn Rabià, Saìd ibn

al-Musayyib with whom he sat and learned jurisprudence for eight years, and others. He narrated two thousands two

hundred prophetic traditions. Those who transmitted from him were Àtaa’ ibn Abi Ribaah, Umar ibn Abd’l-Aziz,

Àmr ibn Dinaar, Qatada ibn Aslam, Ibn Jurayj, Abd’l-Aziz ibn al-Maajishun, al-Awzai`, Malik ibn Anas, al-Layth ibn

Sa`d, Sufyan ibn Ùyayna and others. Ibn Wahb once said on the authority of al-Layth who said that Ibn Shihaab used

to say: “Nothing has ever been deposited in my heart and I thereafter forgot it.” He used to dislike eating apples and

used to regularly drink honey. He used to say: “Honey increases memory.” Sufyan once said; “Az-Zuhri was the most

learned of the people of Medina.” He used to seal all of the transmissions of the prophetic traditions with the following

supplication: “O Allah I ask You for every good which Your knowledge encompasses in this life and the Hereafter. I

seek refuge with You from every evil which Your knowledge encompasses in this life and the Hereafter.” Az-Zuhri died

on the 17th

of Ramadan in the year 124 A.H. at the age of 72. 408 He was Abu Umar Saalim ibn Abdallah ibn Amir’l-Mu’mineen Umar ibn al-Khataab ibn Nufayl ibn Abd’l-Ùzza

ibn Riyaah ibn Qarata ibn Razaah ibn Àdiy al-Qurayshi al-Medini. He was the son from a women who was a freed

slave. He was born during the rule of Uthman. He took transmission from his father Abdallah ibn Umar, Aìsha, Abu

Hurayra, Abu Raafi` the freedman of the Prophet, may Allah bless him and grant him peace, Saìd ibn al-Musayyib and

others. He transmitted prophetic traditions to his son Abu Bakr, Àmr ibn Dinaar, Ibn Shihaab az-Zuhri, his nephew

Umar ibn Hamza ibn Abdallah ibn Umar, his nephew al-Qaasim ibn Ùbaydullah ibn Abdallah ibn Umar, the son of his

nephew Umar ibn Muhammad ibn Zayd ibn Umar ibn al-Khataab, the son of his nephew Khalid ibn Abu Bakr ibn

dismounted there against Ibn az-Zubayr, may Allah be pleased with him,409 he asked Abdallah, may

Allah be pleased with him: “What should one do at the stopping place on the Day of ‘Arafat?”

Salim said: ‘If you really desire to accord yourself with the Sunna, then do the prayer early in the

midday on the Day of Arafat.” Then Abdallah ibn Umar said: “He spoke the truth, because they

used to join together the dhuhr and ‘asr prayers in according to the Sunna.” Ibn Shihaab said: “I

then said to Salim: ‘Did the Messenger of Allah, may Allah bless him and grant him peace do

that?”410 Salim said: “Would they follow that except out of adherence to the Sunna?”411

Ùbaydullah ibn Abdallah ibn Umar ibn al-Khataab, and others. Saìd ibn al-Musayyib once said: “Abdallah ibn Umar

was the one who most resembled Umar of all of his sons; and Saalim was the one who most resembled Abdallah ibn

Umar of all of his sons.” Saalim was extremely dark skinned and wore wool. Malik ibn Anas once said: “No one during

the time of Saalim most resembled the righteous men of the past in austerity, spiritual bounty and simplicity of living

than him.” Saalim was veracious and reliable who transmitted many prophetic traditions. He was exalted among the

men of knowledge and extremely scrupulous in his personal piety. Saalim died in the month of Dhu’l-Hijja in the year

106 A.H. 409 This occurred about seven months before the martyrdom of Abdallah ibn az-Zubayr, may Allah taàla be pleased

with him. He was Amir’l-Mu’mineen Abu Bakr Abdallah the son of the the Disciple of the Messenger of Allah, az-

Zubayr ibn al-Àwaam ibn Khuwaylid ibn Asad ibn Abd’l-Uzza ibn Qusay ibn Kilab al-Qushayri al-Asadi al-Makki al-

Medini. He was the first person born in Medina among the Muhajiruun and was born in the year 2 A.H. He was

immense in knowledge, nobility, military struggle and worship of Allah. He narrated prophetic traditions from his father

az-Zubayr ibn al-Àwaam, his mother Asma bint Abu Bakr as-Sideeq, his maternal grandfather Abu Bakr as-Sadeeq, his

maternal aunt the Umm’l-Mu’mineen Aìsha, Umar ibn al-Khataab, Uthman ibn Afan and others. He was among the

leaders of the scholars. His transmissions through chains of authority numbered close to thirty three prophetic traditions.

He was the premiere knight among the knights of the Quraysh of his time. He lived eight years and four months with the

Messenger of Allah, may Allah bless him and grant him peace. He used to repeatedly visit the home of his maternal

aunt Aìsha seeking knowledge from her. Àamir ibn Abdallah ibn Abdallah ibn az-Zubayr said I heard my father say:

“He once came to the Messenger of Allah, may Allah bless him and grant him peace who was cupping himself. When

he finished he said: ‘O Abdallah take this blood and bury it where no one will see it.’ When he left the presence of the

Messenger of Allah, may Allah bless him and grant him peace he took the blood and drank it. When he returned the

Messenger of Allah, may Allah bless him and grant him peace said to him: ‘What did you do with the blood?’ He said:

‘I decided to hide it in a place where I alone would know, so I deposited it in myself.’ He then responded: ‘Because of

that, you drank it?’ He said: ‘Yes’. The Messenger of Allah, may Allah bless him and grant him peace said: ‘Why did

you drink the blood? Woe to the people from you and woe to you from the people’!” Abu Àasim said: “It was

considered by most people that the immense physical strength that he possessed came from that blood.” Those who

transmitted prophetic traditions from him were his brother Ùrwa, his two sons Àamir and Àbaad, his nephew

Muhammad ibn Ùrwa, Taawuus, Àtaa’, Àmr ibn Dinaar, Hishaam ibn Ùrwa and others. The oath of allegiance was

given to him as Khalifa at the death of Yazid in the year 64 A.H. and he then went on to govern the Hijaz, Yemen,

Egypt, Iraq, Khurasan, and parts of Syria. He was killed as a martyr in the month of Jumad’l-Akhira in the year 73 A.H.

He lived for 70 years, may Allah taàla be pleased with him. 410 Here ends facsimile 41 of the Arabic manuscript. 411 The meaning of the words of Ibn Shihaab: “…that al-Hajjaj ibn Yusef”; that is at-Thaqafiy, who was oppressive,

tyrannical, hostile, malevolent and a sheddar of the blood of the righteous and the right acting scholars. The meaning of

the words of Ibn Shihaab: “…on the year that he dismounted there against Ibn az-Zubayr, may Allah be pleased with

him”; which was the year 73 A.H. It was the year in which al-Hajjaj dismounted in Mecca for the siege against Ibn az-

Zubayr at the Ka`ba in which he pelted it with catapults and caused harm to the people of the Two Sacred Precincts. He

was then appointed governor over Iraq and the entire eastern lands for twenty years. Then Allah destroyed him during

the month of Ramadan in the year 95 A.H. in his middle ages. The meaning of the words of Ibn Shihaab: “…he asked

Abdallah, may Allah be pleased with him”; that is to say our master Abdallah ibn Umar. The meaning of the words of

al-Hajjaj: “What should one do at the stopping place on the Day of ‘Arafat?”; is evidence that al-Hajjaj contained some

good in spite of his sea of sins, because he at least questioned the people of knowledge regarding the issues of his

religion; as Allah taàla says: “Question the people of the Reminder if indeed you do not know.” This is a testimony for

his adherence to the Divine unity and his desire to attain knowledge of the religion in spite of his unjustice and tyranny.

The meaning of the words of Ibn Shihaab: “…Salim said”; that is to say, the above mentioned Salim ibn Abdallah ibn

Umar. Abdallah ibn Umar initially refused to answer the question of al-Hajjaj due to his evil opinion of him. Thus, his

son, Salim proceeded to answer him as a way of showing disdain and objection to him by his words: ‘If you really

desire to accord yourself with the Sunna, then do the prayer early in the midday on the Day of Arafat.” This means pray

immediately after noon and during the severity of the heat; that is to say that the dhuhr and àsr should be prayed

together. In this interchange indicates the permissibility of a student disciple answering a question put to his teacher in

his presence when the teacher refuses for whatever reason to answer it. It is well known, incidentally, that Abdallah ibn

Umar was the direct victim of the injustice and intrigues of al-Hajjaj, as we mentioned previously in the Book of the

Fear Prayer, as it was cited in the prophetic tradition of Saìd ibn Jubayr. He said: “I was with Ibn Umar at the time he

was wounded with the spearhead of a javelin in the hollow of his foot. He then foisted his foot on to his riding animal. I

then descended and withdrew his foot from it. That was on the day that the pilgrims had reached Mina. When this news

reached al-Hajjaj he tried to visit him. Al-Hajjaj then said: “If we only knew who wounded you.” Ibn Umar then said:

“It was you who wounded me!” He said: “How was that?” He said: “Because you carried your weapons on a day when

it is not permissible to do so. And you entered weapons into the Sacred Precints, when it is not lawful to enter weapons

into the Sacred Precincts!” Thus, Abdallah ibn Umar knew of the intrigues of al-Hajjaj as it was stated explicitly in the

al-Ansaab that he actually ordered a man to carry a poisoned spear and to cause that spear to pierce the foot of Abdallah

ibn Umar. He subsequently fell ill from this for some days until he eventually died the following year in 74 A.H.

Another proof for Abdallah ibn Umar’s dislike of al-Hajjaj is what he said concerning him as it was cited by Saìd ibn

Jubayr who said: “When death approached Ibn Umar he said: ‘I do not have any regrets regarding this world’s life

except in three things: the intense thirst of the high noons; the suffering of the nights; and that I did not fight against the

tyrannous mob that descended upon us’. He meant by that al-Hajjaj.” In this also is the permissibility of taking

knowledge from an lesser person of knowledge; in this case Salim ibn Abdallah, in the presence of one superior in

knowledge, in this case his father Abdallah ibn Umar. However, Abdallah ibn Umar, repeatedly testified to the scholarly

merits of his son Salim, as it was cited by Naafi` who said that Ibn Umar used to often kiss Salim and say: “The teacher

kisses a teacher.” This was further corroborated by his words regarding the answer his son Salim gave to al-Hajjaj: “He

spoke the truth”; which is to say, that my son Salim spoke the truth and his words are in conformity with the Sunna. The

meaning of the words of Abdallah ibn Umar: “…because they used to join together the dhuhr and ‘asr prayers

according to the Sunna”; is that the Companions of the Prophet, may Allah bless him and grant him pace used to join

the two prayers together. In this statement is establishes the soundness of the behavior of the People of Medina and the

consensus of the Companions may Allah taàla be pleased with them. The meaning of the words of Ibn Umar: “…in

according to the Sunna”; was this behavior was the Sunna of the Prophet, may Allah bless him and grant him peace.

The meaning of the words: “I then said to Salim”; is that these were the words of Ibn Shihaab az-Zuhri, meaning his

question: ‘Did the Messenger of Allah, may Allah bless him and grant him peace do that?” In other words: ‘Was this

behavior of the Companions in accordance with the Sunna of the Messenger of Allah, may Allah bless him and grant

him peace?’ In this question is decisive evidence for the permissibility of a student seeking to trace the teachings of his

school of thought back to its roots from the Lawgiver, may Allah bless him and grant him peace. The meaning of the

words of Salim: “Would they follow that except out of adherence to the Sunna?” This means: ‘Can you not see that it is

inconceivable that they would follow anything other than his Sunna in that?’ This was a question of reproach, because it

was well known to any person with intelligence that the Companions of the Messenger of Allah, may Allah bless him

and grant him peace reached the highest limits in adherence to the Sunna. Ibrahim al-Harbi said in his al-Manaasik: “Al-

Hawdi related to us on the authority of Himaam that Naafi` related to him that whenever Ibn Umar failed to encounter

the Imam on the day of Àrafat, he would join together the dhuhr and àsr prayers in the place in which he resided.” The

same was was related by at-Thawri in his Jaami` in the narration of Abdallah ibn al-Walid al-Àdani on the authority of

Abd’l-Aziz ibn Abu Rawaad on the authority of Naafi`. Ibn al-Mundhir also related this from another direction. This

was the opinion held by the majority of the jurists. However, an-Nakhai`, at-Thawri, and Abu Hanifa conflicted with

this view saying: “The joining of the two prayers together is specific for the one who prays with the Imam.” However,

the companions of Abu Hanifa as well as at-Tahawi conflicted with him in that. Among the strongests evidences for

them in that was what Ibn Umar did in that. It has been related in a prophetic tradition that the Prophet, may Allah bless

him and grant him peace joined together between the two prayers along with the fact that he would do so by himself.

This is evidence that he knew that the joining of the prayers was not specific for the Imam. Apart of the legal principles

lain down by the jurists is that when a Companion acted contrary to a transmitted narration then that was evidence,

based upon the good opinion they had of him, that he had knowledge that his conflicting action was sounder than the

narration. Thus, it is essential to say the same in this case. This is the view regarding the prayer at Àrafat.

On What Has Been Related Regarding the Halting at ‘Arafat412

It has been related in the Saheeh of al-Bukhari on the authority of Jabayr ibn Mut’im,413 who

said: “Once my camel went astray from me and I went to find it on the day of ‘Arafat, I then saw

the Prophet, may Allah bless him and grant him peace, halting at Àrafat.”414

412 It is a clarification that the halting is done exclusively at Àrafat over all other places. The reason for this is that the

Quraysh used to say: “We are the people of Allah, so we need not leave the Sacred Precinct.” While all others used to

halt at Àrafat outside of the Sacred Precinct. Thus, Allah taàla clarified this by His words: “…then hasten onward from

the place where the people hasten from.” The place from which hastening is done was the stopping place of Àrafat in

which the rest of people traditionally halted with the exception of the stopping place of the Quraysh which was Sacred

Precinct. They used to say: “Our honor is with the Sacred Precinct, our homes are there, for we are the neighbors of

Allah. We see no need to leave it for the place of sacrifice, when halting for the pilgrimage. We will not depart from

that which is our honor or from that by which Allah taàla protects our wealth and blood.” However, there were a cadre

of the Arabs who only halted in the stopping place of Ibrahim in Àrafat. The Prophet, may Allah bless him and grant

him peace used to halt in the stopping place of Ibrahim as well, before the descent revelation, as a sign of success from

Allah taàla to him, as it will be explained in the prophetic tradition of Jubayr ibn Mutìm. As for the proof of his words,

upon him be peace after the descent of revelation, it has been related by Ahmad on the authority of Abd’r-Rahman ibn

Ya`mar who said: “I once witnessed the Messenger of Allah, may Allah bless him and grant him peace halting at

Àrafat, when some people from Najd came and said: ‘O Messenger of Allah how do you perform the pilgrimage?’ He

said: ‘Pilgrimage is halting at Àrafat. Whoever arrives here before the fajr prayer of the night of the gathering, has

completed his pilgrimage with the days of Mina which are three days. ‘Whoever hastens his departure by two days,

there is no sin on him, and whoever delays, there is no sin on him’.” 413 He was Abu Muhammad Jubayr ibn Mutìm ibn Àdiy ibn Nufayl ibn Manaaf ibn Qusay al-Qurayshi an-Nufayli.

He was preimier teacher among the Quraysh during his time. He was among the freedmen who accepted Islam and then

perfected it. When he was brought to al-Medina he was among the captives from among his people. He was described

as being extremely benevolent. He was of noble birth, obeyed by many and was among the leading families of the

Quraysh. The people used to take the knowledge of the lineages from him. He used to say: “I took the science of lineage

from Abu Bakr as-Sideeq. Abu Bakr was amonh the most knowledgeable people of the lineage of the Arabs.” Jubayr

was also among the civil servants whom Umar appointed over the people of Kufa. He transmitted many prophetic

traditions. Those who transmitted from him were his two sons: Muhammad and Naafi`, as well as Saìd ibn al-

Musayyib, Ibrahim ibn Abd’r-Rahman ibn Àwf and others. He died in the year 59 A.H. 414 The meaning of his words may Allah be pleased with him: “Once a camel of mine went astray from me” is as it was

cited in the narration of al-Kashmeehini, however, in the majority of the narrations he said: “Once a camel went astray

from me”, without the expression: ‘of mine’. It is normally said that something ‘goes astray’ (adalahu) when it is

lossed. Ibn as-Sikeen said: “One says: ‘My camel went astray’, when the camel leaves you.” The meaning of his words

may Allah be pleased with him: “…and I went to find it”; is that Jubayr merely came to Àrafat in search of his camel,

not in order to halt there. This means that it was not his intention to stop at Àrafat for the pilgrimage rituals; as it was

proven in another narration from him: “I was seeking a camel of mine on the day of Àrafat.” The meaning of his words

may Allah be pleased with him: “…on the day of ‘Arafat”; is that this occurred during the say of Àrafat. Thus, his

citing of the day of Àrafat was connected to his words: ‘went astray from me’; meaning that the going astray of his

camel occurred on the day of Àrafat. The scholars disagree regarding when Jubayr actually saw the Messnger of Allah,

may Allah bless him and grant him peace. Some of them say that he saw the Prophet, may Allah bless him and grant

him peace halting at Àrafat during 10 A.H. However, the majority of them say that he saw the Prophet, may Allah bless

him and grant him peace before the hijra, as it was cited in the narration of Is’haq on the authority of Àtaa’, that

Jubayr ibn Mutìm said: “Once a donkey of mine went astray during the days of ignorance. I found it at Àrafat, and I

saw the Messenger of Allah, may Allah bless him and grant him peace halting at the stations of Àrafat along with the

people. Later when I accepted Islam, I then knew that Allah had guided him to that.” The meaning of his words may

Allah be pleased with him: “…I then saw the Prophet, may Allah bless him and grant him peace, halting at Àrafat”; is

that he was stopping there along with the people, supplicating and praying. There is no dispute among the scholars that

the Prophet, may Allah bless him and grant him peace prayed the dhuhr and àsr prayers together at Àrafat. Then he

would climb and stop on its mountain and supplicate Allah until the setting of the sun. When the sun had set he would

set out for Muzdalifa. Malik held the view that the stopping at Àrafat included the night from the nights of sacrifice and

a day from the day of Àrafat consecutively. And if one stopped for one part of the day, and then set out before the

setting of the sun, it was not permissible. But if one stopped a portion of the night, that is to say, a portion before the

On What Has Been Related Regarding Stopping at ‘Arafat While Mounted and Ceasing to

Fast on That Day It has been related in the Saheeh of al-Bukhari on the authority of Umm’l-Fadl the daughter

of al-Harith,415 who said: “Some people disagreed on the Day of ‘Arafat regarding the fasting of the

Prophet, may Allah bless him and grant him peace. Some of them said that he was fasting, while

some of them said that he was not fasting. So I sent a bowl of milk to him while he was halting

upon his camel and he drank it.”416

appearance of dawn from the day of sacrifice, then it was permissible. This is extracted from what Malik transmitted on

the authority Naafi` on the authority of Ibn Umar who said: “Whoever fails to stop at Àrafat on the night of Muzdalifa

before the appearance of dawn has forfeited the pilgrimage”; as it was cited by Ibn Bataal. In another narration, Jubayr

it reported to have said: “That person, by Allah! is from the strictly religious…”, meaning those who were strict against

themselves in religious practice; as Ibn Sayidih cited; “…what has brought him out to this place?” He said this out of

amazement as well as a way of objecting when he saw the Prophet, may Allah bless him and grant him peace halting at

Àrafat in that condition. This was because the custom of the Quraysh in the days of ignorance was not to leave the

Sacred Precinct. And since the Prophet, may Allah bless him and grant him peace was the foremost leader of the people

of Quraysh, it required him to halt within the confines of the Sacred Precinct with the rest of the Quraysh. Thus, the

Prophet, may Allah bless him and grant him peace showed by his example of halting at Àrafat that this was indeed

apart of the halting places of Ibrahim and was apart of the most important obligations of the pilgrimage; as it was cited

by Ahmad from the prophetic tradition of Nabeet ibn Shareet that he saw the Prophet, may Allah bless him and grant

him peace halting at Àrafat upon a red camel giving the sermon; and that he heard him say: “Which day is the most

sacred?” They all said: “This day”; that is to say, that the day of Àrafat is the most sacred days of the pilgrimage. 415 She was Umm ‘l-Fadl Lubaba bint al-Haarith ibn Hazn ibn Buhayr al-Hilaliya. She was a majestic free women, the

wife of al-Abass, the uncle of the Prophet, may Allah bless him and grant him peace, the sister of the Mother of the

believers Maymuna, the sister of Asma bint Àmish by her mother, and the maternal aunt of Khalid ibn al-Walid. She

was among the first and the foremost and was the first woman to accept Islam after Khadija. She was among the

oppressed of the women for which reason she was unable to make the hijra to al-Medina. She transmitted thirty

prophetic traditions. Al-Bukhari and Muslim agree upon the veracity of one. Al-Bukhari transmitted another isolated

traditions from her while Muslim transmitted three. She died during the reign of Uthman ibn Àfan, may Allah be

pleased with them. 416 The meaning of her words, may Allah be pleased with her: “Some people disagreed on the Day of ‘Arafat regarding

the fasting of the Prophet, may Allah bless him and grant him peace”; that is to say, they disputed about it, as it was

cited in another narration: ‘…they disputed in her presence…’. This means they argued about this issue in her presence.

Ar-Raaghib said: “Disputation and contention is a form of argumentation.” The reason that the people disputed and

argued about this was because they were doubtful regarding whether the Messenger of Allah, may Allah bless him and

grant him peace was fasting on that day or not; as it was stated explicitly in another narration: “The people doubted on

the day of Àrafat about the fasting of the Prophet, upon him be peace.” This is an indication that fasting on the day of

Àrafat was a customary practice well known with them when they were resident. Thus, it was as if there were those

who were convinced that he continued to fast this day as an act of worship. On the other hand there was others who

were convinced that he was not fasting taking as a precedence that he was traveling, since the prohibition of the

obligatory fast while was well known, let alone voluntary fasting. The meaning of her words, may Allah be pleased with

her: “Some of them said that he was fasting, while some of them said that he was not fasting”; is that these were the two

issues about which the people disputed and caused variance in their affair. The meaning of her words, may Allah be

pleased with her: “So I sent a bowl of milk to him”; is that, it was actually the Mother of the believers, Maymuna bint

al-Haarith who sent the milk to him, as it was cited by Àqeeba; for she was the sister of Umm’l-Fadl Lubaba bint al-

Haarith. It is said that it was Maymuna who sent it at the request of Umm’l-Fadl in order to have disclosure of the affair.

It is also conceivable that both of them sent the milk to him, and that the act was attributed to either one of them simply

because they were sisters. The meaning of her words, may Allah be pleased with her: “…while he was halting upon his

camel”; is in accordance with what was added in the narration of Abu Nuàym on the authority of Malik: “…and giving

a sermon to the people at Àrafat.” The meaning of her words, may Allah be pleased with her: “…and he drank it”; is

that he drank the milk while the people looked on; as it was stated explicitly in the prophetic tradition of Maymuna.

Thus, when he drank from the milk Umm’l-Fadl and everyone else from the Companions knew that he was not fasting

on the day of Àrafat, while at Àrafat. In this apparent action of the Prophet, may Allah bless him and grant him peace

raises some consideration, that, one, it is not a proof of the prohibition of a highly recommended act, since leaving a

On What Has Been Related Regarding Joining the Maghrib and the ‘Isha Prayers at

Muzdalifa417 It has been related in the Saheeh of al-Bukhari on the authority of Abu Ayyub al-Ansaari,

who said: “The Messenger of Allah, may Allah bless him and grant him peace, joined together

during the Farewell Pilgrimage the maghrib and ‘isha at Muzdalifa.”418

thing which is highly recommended is actually an explanation of its permissibility; and two, that delivering the message

as a right for him is superior with the regard the general welfare of the people. The proof of the prohibition of fasting on

the day of Àrafat while at Àrafat is in what was related by Abu Dawud, an-Nisaai’ and verified by Ibn Khuzayma and

al-Haakim by way of Ìkrama that Abu Hurayra related to them: “The Messenger of Allah, may Allah bless him and

grant him peace prohibited fasting on the day of Àrafat while at Àrafat.” Ibn Umar said: “The Prophet, may Allah

bless him and grant him peace did not fast on that day, nor did Abu Bakr, Umar or Uthman. And I myself do not fast on

that day.” Ibn Abass said: “Those who wish to fast that day do not accompany us at Àrafat, because it is a day of

glorifying Allah, easting and drinking.” It is in accordance with these opinions that Malik, Abu Hanifa, and at-Thawri

held the view that one is required eat and drink. Àtaa’ said: “The one who eats and drinks on the day of Àrafat does

so in order to strengthen himself for the remembrance of Allah. Thus it becomes like a recompense for the one fasting.”

As for the one who fast on the day of Àrafat and he is not a pilgrim, it is permissible because it was the custom of Ibn

az-Zubayr and Aìsha to fast on the day of Àrafat. However, al-Hassan used to be amazed with the fasting of the day of

Àrafat and ordered pilgrims to do so. He said: “I saw Uthman at Àrafat on a day which was extremely hot. He was

fasting and taking a rest. Likewise, Usama ibn Zayd, Ùrwa ibn az-Zubayr, al-Qaasim ibn Muhammad, and Saìd ibn

Jubayr used to fast while at Àrafat.” Qatada said: “There is no harm in that if the fasting does not dissipate his strength

and prevent him from making supplication.” As-Shafi` said: “The most beloved of fasting is on the day of Àrafat for

the none pilgrim. As for those making pilgrimage, then it is more beloved that he eats and drinks in order to strengthen

himself for making supplication.” Àtaa’ said: “I fast on the day of Àrafat while at Àrafat during the winter, and I do

not fast it during the summer.” At-Tabari said: “The choice of the eating and drinking of the Prophet, upon him be peace

at Àrafat was in order to prove that the pilgrim had a choice to eat and not fast in that place.” In this prophetic tradition

is proof for the permissibility of acceptance of a gift, as well as women giving guidance to others. 417 The etymological root of Muzdalifa is from ‘zulfa’ (closeness) meaning nearness (qurba), status (daraja) and

standing (manzila). Allah taàla says: “And it is not your wealth nor your children which will bring you near (zulfa)

Us.” It is thus a noun, and is as if He says ‘by which you draw near to Us in proximity’. Allah taàla says: “The

Paradise is brought near (uzlifat) to those who are fearfully aware”; is that it is brought near by the proximity of them

entering it, and their gazing upon it. As for the meaning of Muzdalifa utilized in the context of the book here, it is a local

in Mecca named so because it brings the people in proximity to Mina after they have hastened from Àrafat, in which

the people gather. It is for this reason that Muzdalifa is also called Jamu` as it was cited in the prophetic tradition: “The

Prophet, may Allah bless him and grant him peace joined the maghrib and ìsha prayers at Jamu`”; where the letter jeem

is inflected with fat’ha and the letter meem with sukuun, and refers to Muzdalifa. It is called Jamu` (gathering) because

Adam gathered there with Hawa, and came close to her, or drew near her there. It has been related on the authority of

Qatada: “It was called Jamu` because it is the place where the two prayers are joined.” It is said that it is depicted so

based upon the actions of its people because they gather together (yajtamiùun) there, and come in proximity

(yazdalifuun) to Allah, or draw near to Him, by stopping there. It is said that it is named Muzdalifa either because of the

gathering of the people there; or due to the proximity it brings them to Mina; or due to the proximity that the people

have to one another; or due to disembarkment there by the people in each portion of the night; or due to the fact that it is

a station and nearness to Allah; or due to the proximity it brought Adam to Hawa there. 418 The meaning of his words, may Allah be pleased with him: “The Messenger of Allah, may Allah bless him and

grant him peace, joined together during the Farewell Pilgrimage the maghrib and ‘isha”; that is to say he joined between

the two prayers at Muzdalifa. In the narration of Ibn Umar it states: “The Prophet, may Allah bless him and grant him

peace joined the maghrib and the ìsha…” In the narration of Abu Dharr it states: “…between the maghrib and

ìsha…”. The meaning of his words, may Allah be pleased with him: “…at Muzdalifa”; is an explanation of his words

in the narration of Malik on the authority of Yahya ibn Sìd in which the author of the al-Mughazi related using the

expression: “That he prayed with the Messenger of Allah, may Allah bless him and grant him peace during the Farewell

Pilgrimage, the maghrib and ìsha together.” And with at-Tabarani there is a prophetic tradition by way of Jaabir al-

Ja`fi on the authority of Àdiy with the same chain of authority: “He prayed by joining the three rakàts of maghrib with

the two rakàts of ìsha using a single iqaama.” In this is refutation against the view of Ibn Hazm that in the prophetic

tradition of Abu Ayyub there was no mention of the adhaan nor the iqaama because Jaabir ibn al-Ja`fi even if

On What Has Been Related Regarding Stoning the Jimaar419

It has been related in the Saheeh of al-Bukhari on the authority of Jaabir: “The Prophet, may

Allah bless him and grant him peace made the stoning on the day of sacrifice during the late

forenoon (duhaa). Then after that he made the stoning after the descent of the sun.”420

considered weak, his narration is supplemented by that of Muhammad ibn Abu Layla on the authority of Àdiy in which

the iqaama is cited, also in the narration of at-Tabarani. Thus, each of the two narrations strengthens one another. In a

narration on the authority of az-Zuhri on the authority of Saalim ibn Abdallah ib Umar, may Allah be pleased with them

he said: “The Prophet, may Allah bless him and grant him peace joined between the maghrib and the ìsha by joining

each with an iqaama, but he did not glorify Allah with any superogatory acts between them or at the end of any of

them.” In this prophetic tradition is proof for the followers of as-Shafi` that the prayers of maghrib and ìsha performed

at Muzdalifa is to be done with an iqaama for each of them. The legal benefit drawn from this is that performing

superogatory acts at the end of maghrib and ìsha is to be abandoned, and that there should not be a time interval

between them since there are no superogatory prayers performed between them. This is in contrast to the ìsha prayer

because it is conceivable that what is intended is that no superogatory prayers are to be performed immediately after it,

but that these can be performed in middle of the night. It is for this reason that some of the jurists say that one should

postpone the Sunna prayers of the two nights prayers by doing them later. It has been transmitted by Ibn al-Mundhir that

the consensus upholds that leaving the voluntary prayers between the two prayers at Muzdalifa is done because it is

allows one to succeed in adhering to the Sunna of joining the maghrib and the ìsha at Muzdalifa. For whoever performs

superogatory acts between them then it is no longer valid that he has joined the two prayers. It has been related that

Saalim ibn Abdallah ibn Umar said: “Ibn Umar, may Allah be pleased with him used to join between the maghrib and

the ìsha at Muzdalifa.” He also said: “He used to postpone the maghrib and that once his wife Safiyya bint Abu Ùbayd

was drying for help. I then said to him: ‘The prayer!’ He then said: ‘Continue traveling.’ A little later I said again: ‘The

prayer!’ He again said: ‘Continue traveling.’ He did this until we had journeyed two or three miles. He then dismounted

and prayed and then said: ‘Likewise, did I see the Prophet, may Allah bless him and grant him peace prayer when he

was hastening in the journey’.” Abdallah ibn Umar also said: “I once saw the Prophet, may Allah bless him and grant

him peace when he was hastening during the journey that he would postpone the maghrib and pray it with the normal

three rakàts give the greetings of peace. Then little time passed before he would establish the ìsha praying it with two

rakàts and then give the greetings of peace. He would not glorify Allah with extra acts of worship after the ìsha until

he stood in the middle of the night.” There is no disagreement among the scholars that joining the two prayers at

Muzdalifa is a confirmed Sunna for the one who departs with the Imam or after him. 419 The expression Jimaar is the plural of jamra (collective), that is to say that it is a referent to a single tribe which

collects together in opposition against other tribes. It is from this that this place of the jimaar in which the stoning is

done at Mina is called jamaraat, due to the fact that one collects the stones for each of the jamra which are three. The

meaning of the words of the Shehu: “Stoning the Jimaar” refers to the time of the stoning or to the legal judgment of

stoning. In this there is disagreement among the jurists. The majority hold the view that stoning the jimaar is an

obligation and when it is abandoned it is mended by blood sacrifice. The stoning of the jimaar with those who follow

Malik consider it a confirmed (muàkida) Sunna, thus with them is a narration that the stoning of the jamrat’l-àqiba is

a pillar of the pilgrimage, for which the pilgrimage is invalidated for the one who abandons it. Countering this is the

view of some of the followers of Malik who say that the stoning of the jimaar was enacted simply in order to protect the

takbir recited then, thus if the stoning is abandoned, then making the takbir suffices it. This was transmitted by Ibn

Jareer on the authority of Aìsha and others. And in this is an immense secret regarding the appearance of the one who

will arise in the End of Time for the one whom Allah has illuminated his spiritual insight. Jaabir said: “The Prophet,

may Allah bless him and grant him peace made the stoning on the day of sacrifice during the late morning (duhaa).”

There is unanimous agreement regarding the sum total of stones with which the pilgrim uses is seventy stones. Among

these on the day of sacrifice in which the jamra’l-àqiba is stoned is with seven stones. This last jamra can be stoned in

a way which is easiest for the pilgrim, either from the lowest, highest or middle part. In all that there is substantial legal

scope. However, the preferred place for this is from within the valley since there is has reached us the prophetic

tradition of Ibn Masùd that he used to stone the jamra from within the valley. 420 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace

made the stoning on the day of sacrifice during the late morning (duhaa)”; is as al-Jawhari said: “The morning time

(dahwa) of the day comes immedietally after the rising of the sun, then after that comes the forenoon (duhaa), which is

the time when the sun is radiant. Then after that comes the late forenoon (duha’) which is the mentioned protracted time

when the sun is soaring near the highest point of the day.” This is what is intended by the stoning of the jamrat’l-

àqaba, not the stoning on the day of sacrifice and other days, since no other time was designated for this by the

On What Has Been Related Regarding Stoning the Jimaar With Seven Stones421

It has been related in the Saheeh of al-Bukhari on the authority of Abd’r-Rahman ibn Yazid,

on the authority of Abdallah, may Allah be pleased with him:422 “That he eventually came to the big

jamra423 and made the House of Allah on his left side and Mina on his right side. He stoned the

jamra with seven and said: “It was in this way that he upon whom descended the chapter of Baqara,

used to stone it.”424

consensus. The stoning mentioned for the jamra of the day of sacrifice is Sunna by the unianimous agreement of the

consensus. With the followers of as-Shafi` it is permissible to perform it in the middle of the night of the day of

sacrifice. The meaning of his words, may Allah be pleased with him: “Then after that he made the stoning after the

descent of the sun”; is the stoning of the jimaar on the days of tashreeq which are the three days following the day of

sacrifice, in which stoning is performed each day after the descent of the sun from its zenith. Among those performed

the stoning after the descent of the sun were: Umar ibn al-Khataab, Abdallah ibn Abass, and Abdallah ibn az-Zubayr. It

is for this reason that Ibn Umar said: “We used to take a rest and when the sun began to descend from its zenith, we

would then perform the stoning.” This is the Sunna of stoning on the three days of tashreeq following the day of

sacrifice, thus it is not permissible with the majority of the jurists until after the descent of the sun from its zenith. Thus,

it is the confirmed view (madh’hab) of Malik, as-Shafi`, Ahmad and the vast majority of the scholars, that it is not

permissible to perform the stoning during the three days of tashreeq except after the descent of the sun, based upon this

sound prophetic tradition. However, the scholars do consider it highly recommended that on the third day from these

days that it be performed before the sun descends. Is’haq said: “If a person performs the stoning on the first and second

day before the descent of the sun from its zenith, should repeat the stoning; but on the third day this is permissible.”

Taawus and Àtaa’ both said: “It is permissible to perform the stoning on the third day before the descent of the sun

from its zenith.” Both Abu Hanifa and Is’haq ibn Rawayhi said: “It is permissible on the third day before the descent of

the sun is permissible.” Their proof being, that the Prophet, may Allah bless him and grant him peace perfomed the

stoning as was mentioned, and his saying: “Take from me your rites of pilgrimage.” However, the prophetic traditions

of Jaabir and Ibn Umar repudiates this view and constitutes the proof in the Sunna, thus there is not meaning given to

the views of those who conflict with it, nor to those who consider another time other than it as highly recommended.

Further, Malik, Abu Hanifa, at-Thawri, as-Shafi` and Abu Thawr all agree that if on the three days of tashreeq, the sun

sets until its end, then the proper time of stoning has been forfeited, it must be amended by a blood sacrifice. Realize

that the stoning of the jimaar during the three days of tashreeq is conditioned by its set order, which is that one begins

with the first jamra which is next to the masjid’l-Kheef; then followed by the middle jamra; then finally the jamrat’l-

àqaba. It is highly recommended when stopping at the first jamra that one faces the qibla for an extended time making

supplication and remembrance of Allah. He should stop in a similar manner at the second jamra. However, at the third

jamra he should not stop for an extended time. The significance of this is established in the Saheeh of al-Bukhari from a

narration of Ibn Umar on the authority of the Prophet, may Allah bless him and grant him peace in which is also highly

recommended to do this each of the three days, and Allah knows best. It is also highly recommended to raise the two

hands when making these supplications according to as-Shafi`, and in accordance with this is the confirmed view of the

majority of the scholars. This has been firmly established in the Saheeh of al-Bukhari from a narration of Ibn Umar in

his prophetic tradition which we mentioned previously. However, the view of Malik differs from this. They all agree

however, that if a person abandons stopping to make supplication, that there is nothing against him, except with what

wa transmitted on the authority of at-Thawri who said: “He should feed something of food to others or he should make a

blood sacrifice.” Abd’l-Malik al-Maaliki said: “Whoever leaves during the days of Mina without stoning the jamrat’l-

àqaba has invalidated his pilgrimage.” 421 He was Abu Bakr Abd’r-Rahman ibn Yazid ibn Qays an-Nakhai`. He was an Imam in knowledge and jurists. He

was the brother of al-Aswad ibn Yazid. He tranmitted prophetic traditions from Umar ibn al-Khataab, Abdallah ibn

Umar ibn al-Khataab, Uthman ibn Àfan, Abdallah ibn Masùd, Salman al-Farsi, Hudhayfa ibn al-Yamaani and others.

Those who transmitted from him were Ibrahim an-Nakhai`, Abu Is’haq as-Sabeei` Ùmaara ibn Ùmayr, Jaami ibn

Shadaad, and others. He died after the year 80 A.H. 422 That is to say, Abdallah ibn Umar ibn al-Khataab, may Allah be pleased with them. Ibn Sa`d said that it was

confirmed that Abd’r-Rahman ibn Yazid transmitted prophetic traditions from him. 423 Here ends facsimile 42 of the Arabic manuscript. 424 The meaning of his words, may Allah be pleased with him: “That he eventually came to the big jamra”; this refers

to the first jamra which is near the masjid’l-Kheef, and is the jamrat’l-àqabah, being the last of the three jamaraat with

respect to Mina if one was facing Mecca. In this statement is proof that the Sunna for the pilgrim when he departs from

Muzdalifa and reaches Mina that he begins with the stoning of the jamrat’l-àqabah. He should not do anything prior to

this stoning. This should be done even before he finds a place to camp. The meaning of his words, may Allah be pleased

with him: “and made the House of Allah on his left side”; is that he positioned the House of Allah, meaning the Ka`ba

on his left side. In this statement is proof that it is highly recommended (yastahabbu) for the person stopping at the

jamra that he position Mecca on his left side. The meaning of his words, may Allah be pleased with him: “…and Mina

on his right side”; is that he should position Mina on his right side. In this statement is proof that it is the Sunna that

when stopping for the stoning one should be inside the valley, where Mina, Àrafat and Muzdalifa are positioned on his

right side, and Mecca to his left, and face in the direction of the jamra. Ibn al-Mundhir said: “If a person positions the

House on his left side and Mina on his right and he faces the direction of the jamra, then this is the Sunna.” That is to

say, he should stone the jamra while making the House to his left and Mina to his right. This is the foremost view of

those who follow as-Shafi`. An-Nawwawi said: “This is the soundest opinion in our madh’hab and it is also the view of

the majority of the scholars.” There is a view which says one should have the qibla to one’s back and face the jamra,

with Mina in front of you. This view was held to by Shaykh Abu Haamid. There is another view which says that a

person should position the jamra to his right, Mina should be positioned behind him. Among these opinions also is that

one is required to perform that which can no doubt be considered ‘stoning’, and that it is not sufficient to simply deposit

the stones. This is the opinion held by the vast majority of the jurists. Al-Qadi Ìyad narrated from the Maliki jurists:

“Simply casting and depositing the stones will not suffice.” The meaning of his words, may Allah be pleased with him:

“He stoned the jamra with seven”; is that he was made stoning with seven small stones and recited: ‘Allahu Akbar’ with

the hurling of each stone, as it will be mentioned. It is obligatory, in this that he separate each stone by throwing them

one at a time. The legal benefit from this statement is that it is necessary that when stoning the jamra, that it be done

with seven stones. This is the opinion of most of the scholars. What is meant by seven rocks are stones. The disciples of

as-Shafi` say: “It is permissible to stone the jamra with anything which is from the genus of the earth, like a rock and a

clod of mud, but it is not permissible from anything which is not from the genus of the earthm like gold, silver, pearls

and amber.” Dawud held the opinion that the latter were permissible and anything else even a piece of dried dung or a

dead bird. Ibn al-Mubaarak said: “The stoning is only permissible with stones.” Ahmad said: “It is not permissible to

make the stoning with big rocks.” However, there is dispute among the scholars regarding stoning with less than seven

stones. At-Tabari said on the authority of Àtaa’: “If a person performs the stoning with five stones, it is permissible.” It

has been related in the authority of Mujaahid who said: “If one performs the stoning with six stones, there is nothing

against him.” Ibn al-Mundhir said: “Mujaahid took as a basis for this opinion a tradition of Sa`d ibn Abi Waqaas who

said: “We returned once with the Prophet, may Allah bless him and grant him peace and some of said: ‘I made the

stoning with six stones.’ And others said: ‘I made the stoning with seven.’ However, he did not fault any of them.” This

is the views also held by Ahmad and Is’haq. It has been related on the authority of Tawuus who said: “Whoever makes

the stoning with six stone should feed dates or a small portion of food as recompense.” At-Tabari said: “Some of the

jurists have said that whoever neglects the stoning altogether after haven made the takbir at each jamra seven times,

then this will suffice him.” He bases this on what Aìsha, the wife of the Prophet, upon him be peace used to say: “The

stones utilized for the jimaar is in order to safeguard the takbeer.” Abu Dawud, and an-Nisaai’ related a tradition

from the narrations of Abu Mujlaz who said: “I once asked Ibn Abass, may Allah taàla be pleased with him about a

mater concerning the jimaar, and he said: ‘I do not know whether the Messenger of Allah made the stoning with six or

seven stones’.” However, the soundest opinon upon which the majority of the jurists rely is that it is obligatory to utilize

seven stones, as it was verified from the prophetic traditions of Ibn Masùd, Jaabir, Ibn Abass, In Umar and others. The

response to the tradition related by Sa`d is that this tradition has no chain of authority. As for the narration of Abu

Mujlaz it is that he related it based upon the doubt of Ibn Abass, and doubt regarding something doubtful cannot

discredit the certainty of that which is decisive. What is decisive is that if a person makes the stoning with less than

seven stones, then the vast majority of the jurists say, as al-Qaadi Ìyad related, that he must make a blood sacrifice.

This is the confirmed view of Malik and al-Awzai`. As-Shafi` and Abu Thawr both said: “If he has a single stone left

which he was required to utilize, then he must give a mudd of food to the needy as recompense. If he has two stone left,

then he is required to give two mudds. If he has three or more left over then he must make a blood sacrifice.” Abu

Hanifa, Abu Yusef and Muhammad all said: “If he neglects less than half of the stones required for all three jamaraat,

then he is required to give a half of a saa` for each stone neglected, except if the number reaches the amount for which

blood sacrifice is required. For then he should feed what he wishes from food to others, and this will suffice him. If

however, he neglects more than half of the stones required for all three jamaraat, then he must make a blood sacrifice.”

Both al-Hakum and Himaad said: “Whoever forgets to stone a jamra or two jamaraat, or if he forgets to utilize or two

stones, then he must make a blood sacrifice.” Àtaa’ said: “Whoever forgets anything from the stoning of the jimaar,

but he remembers during the night or the day, then he should go and make the do what he forgot, and there is then

nothing against him. However, if the three days of tashreeq pass, then he is required to make a blood sacrifice.” This is

On What Has Been Related Regarding Saying the Takbir With Every Stone425

It has been related in the Saheeh of al-Bukhari on the authority of Abd’r-Rahman ibn Yazid

was with Ibn Mas’ud426, may Allah be pleased with him at the time he was stoning the last jamra.

He penetrated the valley until he stood opposite the tree which obstructed it. He then stoned it with

seven stones saying, ‘Allahu akbar’, with every stone. He then said: “By the One whom there is no

deity except Him it was from here that the one upon whom the chapter Baqara was revealed

stood.”427

also the opinion of al-Awzai`. Malik said: “Id a person forgets a single stone required for any of the jamaraat until the

passing of the days for stoning, then he is required to slaughter a sheep. If he, however, forgets to stone a single jamra

alltogeher, then he is required to slaughter a cow.” There is also disagreement among the scholars regarding someone

who hurls the seven stones at once. Both Malik and as-Shafi` said: “It is only permissible for him to throw one stone

and then thereafter throw the other six stones.” Àtaa’ said: “It is permissible for him to throw seven stones at once”;

which is also the opinion of Abu Hanifa. Ibn al-Qisaar said: “The evidence for Malik is that the Prophet, may Allah

bless him and grant him peace threw one stone after another, and then said: ‘Take from me your pilgrimage rituals.’

Thus, it is obligatory to follow his actions.” The meaning of his words, may Allah be pleased with him: “…and said: “It

was in this way that he upon whom descended the chapter of Baqara, used to stone it”; is a referent to the one who

received the Divine revelation, our master Muhammad, upon him be the best blessings and most perfect peace. He

singled out this Qur’anic chapter for mention because the majority of the legal rulings regardin pilgrimage is mentioned

in it. 425 This means that the pilgrim when he stones the jamrat’l-àqaba he should pronounce a single takbeer with the

throwing of each stone. What is meant hear by takbeer is the saying of: “Allahu Akbar.” 426 He was Abu Abd’r-Rahman Abdallah ibn Masùd ibn Ghaafil ibn Habeeb ibn Shamkh ibn Faar ibn Makhzuum ibn

Saahila ibn Kaahil ibn al-Haarith ibn Tamim ibn Sa`d ibn Hudhayl ibn Mudraka ibn Ilyas ibn Mudar ibn Bizaar al-

Hudhaliy. He was originally a Meccan from the protected allies of the Banu Zuhra. He then became Muhajiri by mking

the hijra twice. He also participated in Badr. He was among the first and the foremost of the Umma and the nujaba of

this world. He was an erudite Imam and the leading jurist of the Umma. On the day of Yarmouk he was responsible for

the spoils of war. His virtues and merits were abundant and he transmitted a copious amount of knowledge. Qays ibn

Abu Hazim said: “I remember him being dark skinned and extremely thin.” It has been related on the authority of

Ùbaydallah ibn Abdullahi ibn Ùtba who said: “Abdallah was an very thin man, short and extrememly dark, whose age

did not alter his look.” Nuwayfi`, the freedman of Ibn Masùd said: “Abdallah was among the most noble of men who

wore white attire, and the most fragrant of people wearing perfumes.” He was also known by his mother, who was

Umm Abd (the mother of a slave) the daughter of the slave of Wuddi ibn Suway from the Banu Zuhra. Ibn Is’haq said:

“Ibn Masùd was the thirteen person to accept Islam.” Hudhayfsa said: “He was the one who most resembled the

Messenger of Allah, may Allah bless him and grant him peace in his guiding others, providing proofs, giving judgments

and delivering sermons. From the time he would leave his home until the time he returned, I knew of no one who

behaved with his family as Abdallah ibn Masùd. Those Companions of Muhammad, may Allah bless him and grant

him peace who were committed to performing their nights prayers agreed that Abdallah was the closests of them to

Allah as means on the Day of Judgment. Abdallah was the one who most resembled the Prophet, may Allah bless him

and grant him peace in his giving guidance, providing evidence and qualities.” At-Thawri transmitted on the authority

of Haaritha ibn Mudarrab who said: “Umar ibn al-Khataab once wrote to the people of Kufa saying: ‘I am sending to

you Àmaar as an amir and Ibn Masùd as a teacher and his wazir. These two are among the nujaba of the Companions

of Muhammad, may Allah bless him and grant him peace, from the people of Badr. Therefore listen to and obey them’.”

It has been related on the authority of Ùbaydallah ibn Abdallah who said: “Ibn Masùd died in al-Medina and was

buried in Baqià in the year 32 A.H.” 427 The meaning of his words, may Allah be pleased with him: “…he was with Ibn Mas’ud, may Allah be pleased with

him”; that is to say, he was with him on the pilgrimage. The meaning of his words, may Allah be pleased with him:

“…at the time he was stoning the last jamra”; is that this was not in Mina, but at the edge of Mina in the direction of

Mecca. This was the place where the Ansaar gave the oath of allegiance to the Prophet, may Allah bless him and grant

him peace for him to make the hijra. The expression ‘jamra’ is a name which refers to a place where stones are

collected. It is called that because of the gathering of the people there. It is normally said: “The Banu so-and-so gathered

(tajamara)”; when one means that they collected together. It is also said that the Arabs call small stones jimaar. The

meaning of his words, may Allah be pleased with him: “…He penetrated the valley”; is as it was related by Sakhra on

the authority of Abd’r-Rahman ibn Yazid: “That when Abdallah came to the jamra’l-àqaba he penetrated the valley

and faced towards the qibla.” This means that stoned the jamra from within the precincts of the valley. The meaning of

his words, may Allah be pleased with him: “…until he stood opposite the tree that stood”; is that he faced it. The

additional letter yaa in an indication that there used to be a tree located near the jamra. It has been related Ibn Abi

Shayba on the authority of at-Thaqafi on the authority of Ayyub who said: “I once saw al-Qaasim, Saalim and Nafi`

stoning the jamra from near the tree.” The meaning of his words, may Allah be pleased with him: “…which obstructed

it”; is that the jamra was obstructed by the tree. Or it means he approached the jamra from the side (ùrd) of the tree.

The meaning of his words, may Allah be pleased with him: “…He then stoned it”; is that he stoned it one at a time, as

we mentioned previously. The meaning of his words, may Allah be pleased with him: “…with seven stones saying,

‘Allahu akbar’, with every stone”; is that he said: ‘Allahu akbar’ with each stone. This is evidence for the prerequisites

of stoning the jamaraat is that they must be done one at a time. This is the opinion of the majority of the scholars except

Àtaa’, and Abu Hanifa, as we mentioned. The Sunna is that a person should make the takbir with the throwing of each

stone, as he upon him be peace did, and as the Imams after him did. This has also been related on the authority of Ibn

Masùd and Ibn Umar, and was the opinion of Malik and as-Shafi`. It is agreed that it is making the takbir is highly

recommended based upon what was related by Qadi Ìyad who said: “If a person neglects making the takbeer, then his

stoning is still valid.” However, there is dispute regarding this because some of the jurists consider the takbeer as an

obligation. The followers of Abu Hanifa say: “When pronouncing the takbeer with the throwing of each stone a person

should say: ‘In the name of Allah, Allah is the greatest, in defiance of Satan and his party’.” It is reported that Ali, may

Allah taàla be pleased with him used to say whenever he would throw a stone: ‘O Allah guide me with Your guidance,

reinforce me with fearful awareness, and the Hereafter better for me than the first life.’ In the narration of Muhammad

ibn Abd’r-Rahman ibn Yazid an-Nakhai` on the authority of his father in a tradition of the stoning of Ibn Masùd of the

jamaraat: “When he had completed the stoning of the jamrat’l-àqaba he wold say: ‘O Allah make it an accepted

pilgrimage where sins are forgiven’.” The meaning of his words, may Allah be pleased with him: “…He then said”; is

that then Ibn Masùd said after completing the stoning of the jamrat’l-aqaba and after making supplication: “By the

One whom there is no deity except Him it was from here that the one upon whom the chapter Baqara was revealed

stood.” Ibn al-Muneer said: “Abdallah designated the chapter of Baqara for mentioning because it was in this chapter

that the stoning of the jamaraat is mentioned. This is an indication that the action of the Prophet, may Allah bless him

and grant him peace at the jamra was a clarification of what was originally intended in the Book of Allah taàla.” What

is meant here is that most of the actions performed during the pilgrimage are mentioned in this chapter. It is as if he said

that this is the place in which the legal judgments of pilgrimage rites were revealed, clarifying that the actions of the

pilgrimage were finalized then. It is said that he designated Baqara for special mention due to its length, the immensity

of its status and the abundance of legal judgments revealed in it. Or it is an indication that the length of time one was

required to stop at the jamra is to the extent that it took to recite surat’l-Baqara; and Allah knows best.

On What Has Been Related Regarding Sacrificing at the Place of Sacrifice of the Prophet,

may Allah bless him and grant him peace428 It has been related in the Saheeh of al-Bukhari on the authority of Naafi’,429 who said:

“Abdallah ibn Umar, may Allah be pleased with him used to make the sacrifice at the place of

sacrifice. Ubaydallah430 said: ‘It was at the place of sacrifice of the Messenger of Allah, may Allah

bless him and grant him peace.”431

428 The etymological root of the expression ‘nahr’ (sacrifice) refers to the upper part of the chest (sadr). It is the

location where the throat and the upper part of the chest meet. Thus, the ‘manhar’ is the place of sacrifice, which is

where the knife pierces the throat of the sacrificial animal, thus, the sacrificing of a camel means the piercing of its

throat. The day of sacrifice (yawm’n-nahr) is the 10th

of Dhu’l-Hijja, the day of Ad’haa (slaughter) because it is the day

that in the sacrificing begans. The meaning of manhar in the context of this legal issue is the place in which the sacrifice

and other religious rites take place. In this is a clear explanation that the slaughter and sacrifice should be in the place of

prayer. That is to say, it is the place where the prayer of the èid takes place. The objective of this interpolation is to

clarify that the Sunna practice is for the Imam to make his sacrifice at the place of prayer so that no one makes the

sacrifice before him and that everyone else follows him in the sacrifice, as well as in order that he may teach them the

description of sacrificing. This is because the key purpose of the Imam is in order to clarify the religious rites to others.

It is then that the rest of the people should set out after the completion of the prayer to make their sacrifices, as he upon

him be blessings and peace said: “The first thing that we begin with is that we pray, then we disperse to make the

animal sacrifice.” 429 He was Abu Abdallah Naafi` al-Qurayshi al-Ùmari, the freedman of Abdallah ibn Umar. He was an Imam and a

well established mufti. He was among the most learned of the scholars of al-Medina. He was veracious and noble in his

transmission of many prophetic traditions. He transmitted from Abdallah ibn Umar, his sons: Saalim, Abdallah,

Ùbaydallah, and Zayd, Aìsha, Abu Hurayra, Abu Saìd al-Khudri, Umm Salama, Raafi` ibn Khudayj and others.

Malik once said: “When Naafi` says something, I then seal my views on that.” Al-Bukhari said: “The soundest chain of

authority is: Malik on the authority of Naafi` on the authority of Ibn Umar.” Those who narrated from Naafi` were:

Malik ibn Anas, Ayyub as-Sakhtiyaani, Ùbaydallah ibn Abdallah ibn Umar, Yahya ibn Saìd, Ibn Àwn, Saalih ibn

Kaysaan, Musa ibn Ùqba, Ibn Jurayj, Kathir ibn Farqad, al-Layth ibn Sa`d, az-Zuhri, Humayd at-Taweel, Usama ibn

Zayd, Handhala ibn Abu Sufyan, al-Awzai`, ad-Duhaak ibn Uthman, Àasim, and his two sons: Umar ibn Naafi` and

Abu Bakr ibn Naafi`, and many more. It has been related by Zayd ibn Abi Unaysa on the authority of Naafi` who said:

“I traveled with Ibn Umar for thirty something major and lesser pilgrimages.” Naafi` died in the year 127 A.H. 430 He was Abu Hafs Ùbaydallah ibn Hafs ibn Àasim ibn Amir’l-Mu’mineen Umar ibn al-Khataab al-Qurayshi al-

Àdawiy al-Umari al-Medini. He was a highly developed Imam and traditionist. He was among the youngest of the

Second Generation (Taabiùun), and encountered the female Companion, Umm Khalid bint Khalid and received

transmission from her. Others from whom he transmitted were: Saalim ibn Abdallah ibn Umar al-Khataab, al-Qaasim

ibn Muhammad ibn Abu Bakr as-Sideeq, Àmr ibn Dinaar, and many others. Yahya ibn Saìd said: “Ùbaydallah was

among the firmly established transmitters.” An-Nisaai’ said regarding him: “He was veracious and firmly established.”

During his time all that was heard by the people of al-Medina came from the reading of Ùbaydallah, for he was the

spiritual master of the people of al-Medina, the most noble of the Quraysh in spiritual bounty, knowledge, nobility,

memorization and agreement. Those who narrated from him were Ibn Jurayj, Ibn al-Mubaarak, Yahya ibn Saìd,

Muhammad ibn Bishr and a host of others. Ùbaydallah died in the year 147 A.H. 431 The meaning of the words of Naafi`, may Allah be pleased with him: “Abdallah ibn Umar, may Allah be pleased

with him used to make the sacrifice at the place of sacrifice”; is what Ibn at-Teen said: “It was a refernce to the actual

place of sacrifice of the Prophet, may Allah bless him and grant him peace located at the first jamra the closest of them

to the masjid’l-Kheef.” The meaning of his words, may Allah be pleased with him: “Ubaydallah said”; that is to say, the

above mentioned Ùbaydallah ibn Umar, may Allah taàla be pleased with him. He cited him because Ahmad ibn

Hanbal said that Ùbaydallah ibn Umar was the most firmly established of the scholars regarding the narrations of

Naafi`, more so than Malik or Ayyub. Of them, he was more perfect in his memorization and was more abundant in his

transmission of the narrations of Naafi`. The meaning of the words of Ùbaydallah, may Allah be pleased with him: “It

was at the place of sacrifice of the Messenger of Allah, may Allah bless him and grant him peace”; is that it was the

place in which he upon him be peace used to slaughter his sacrificial animal. In another narration Ibn Umar said:

“Verily the Prophet, upon him be peace used to make his sacrifice and slaughter at the place of worship.” However, this

is the Sunna of the Imam specifically to sacrifice his sacrificial animal or sacrifice at the place of prayer. Thus, it has

become the standard behavior of the metropoles of the Muslims. Ibn Umar used to also make his sacrifice at the place of

On What Has Been Related Regarding Shaving and Cutting the Hair432

It has been related in the Saheeh of al-Bukhari on the authority of Naafi` that Abdallah said:

“The Prophet, may Allah bless him and grant him peace, shaved his head along with a group of his

Companions, and some of them cut theirs.”433

the prayer, however, Malik transmitted that this behavior is only for the Imam. Al-Muhallab said: “The Imam should

make the sacrifice at the place of the prayer so that the people can see him, and then they should make the sacrifice with

certainty after he has made his sacrifice. They should do this in order to witness directly the description of his manner of

making the sacrifice, because he is the one required for learning the individual obligations.” This prophetic tradition

also establishes that it is necessary for the Imam to postpone making the sacrifice until after the prayer. He, upon him be

blessings and peace said during one of his sermons: “The first thing that we begin with is that we pray then we disperse

and make our sacrifice.” Malik said: “The Imam should make the animal sacrifice in the place of prayer so that no one

will make the sacrifice before him.” 432 This refers to the shaving of the hair of the head and shortening it at the ihlaal (removal of the ihraam) after the

stoning of the jimaar. Both shaving and shortening are apart of the rituals for the pilgrim making the major and minor

pilgrimage in the opinion of Malik, who also held the opinion that shaving the hair is superior to shortening it. It is

obligatory upon everyone who missed the pilgrimage, was blocked from making pilgrimage by enemies, ill, are had

some valid excuse to shave or shorten the hair. This is the expressed view of many of the jurists except in the issue of

being blocked by enemies. For Abu Hanifa said: “It is not obligatory for him to shave or shorten his hair.” Those who

hold the view that the shaving and shortening of the hair are apart of the rituals of the pilgrimage required that the one

who abandons them that he has to make a blood sacrifice. However those who do not consider the shaving and

shortening as apart of the rituals of the pilgrimage and consider them apart of the ihlaal (the process of removing the

ihraam) then he is not obligated to do anything. The scholars agree that it is not obligatory for women to shave, and that

it is a Sunna for them to cut a small fragment of their hair. Abu Yusef said: “It is obligatory to shave at least half of the

hair of the head.” Imam as-Shafi` held the view that it is sufficient to shave a third of the hair, but cutting a single hair

particle or some of the hair particles will not suffice, as it it would in wiping the head during the ablution. 433 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

shaved his head”; that is during the Farewill Pilgrimage as it was mentioned in a narration related in the al-Mughazi by

way of Musa ibn Ùqba on the authority of Naafi`: “He upon him be peace shaved during the Farewell Pilgrimage and

so did some of the people from his Companions, while some of them cut a portion their hair.” This means that the

Prophet shaved his hair during the major pilgrimage (al-hajj) and not during the minor pilgrimage (ùmra). It has been

related in the Saheeh that Muàwiyya cut some of the hair of the Prophet may Allah bless him and grant him peace at

Murwa with a pair of scissors. However, this was during the minor pilgrimage and not the major pilgrimage, because it

is well known that the Prophet, may Allah bless him and grant him peace shaved his hair during the major pilgrimage.

Al-Bukhari mentioned in his at-Taarikh’l-Kabeer that it was Muàmir al-Àdawiy who shaved the head of the Prophet,

may Allah bless him and grant him peace during the Farewell Pilgrimage. An-Nawwawi mentioned in his Sharh

Muslim that it was Kharash ibn Umayya ibn Rabià who shaved the head of the Prophet, may Allah bless him and grant

him peace on the day of Hudaybia. The majority of the scholars hold the view that a person whose hair is matted into

locks like the custom of some of the Abyssinians and others from our people among the Blacks, as well as those who

neglect grooming their hair until it mats up; it is obligatory upon them to shave, just as the Prophet did; and likewise

Umar ibn al-Khataab and Ibn Umar, may Allah be pleased with both of them. This was the view of Malik, at-Thawri,

as-Shafi`, Ahmad, Is’haq, and Abu Thawr. Similarly, a person whose hair is naturally short or is plaited, then the

judgment is the same as the judgment of a person whose hair is matted into locks. It has been mentioned in the Kaamil

of Ibn Àdiy from the prophetic tradition of Ibn Umar: “The person whose hair becomes matted due to wearing the

ihraam it is then obligatory for him to save his hair.” Abu Hanifa said: “The person whose hair is matted into locks, or

naturally short, then if he merely shortens his hair and deos not shave it, then it is permissible.” It has been related on

the authority of Ibn Abass, may Allah be pleased with him that he said: “The person whose hair is matted into locks,

plaited or naturally short, if he intends to shave then he should shave. However, if he did not make the intention, if he

likes he can shave his hair; if he likes he can cut it.” The meaning of his words, may Allah be pleased with him:

“…along with a group of his Companions”; is that some of them shaved their heads following the Messenger of Allah,

may Allah bless him and grant him peace. As for the time for shaving the head, it is from the appearance of dawn with

those who follow Malik, while with those who follow as-Shafi` it is in the middle of the night of the day of sacrifice,

but he should not postpone it beyond that time. Shaving the head at Mina on the day of the sacrifice is best. If he

postpones cutting until he returns to his country, he should shave it or offer sacrifice. If he has sexual intercourse before

shaving the head, then he is obligated to offer a sacrifice, but there is disagreement regarding the one who hunts, as is

well known. Ibn Qudaama said: “I is permissible to postpone the shaving of the head until the days of sacrifice. If he

however, postpones it beyond that time, then there are two opinions. Some say that there is no blood sacrifice on him

which was the views of Àtaa’, Abu Yusef and Abu Thawr. This resembles the view of as-Shafi` because Allah taàla

says explaining the beginning of its time: ‘And do not shave until your sacrifices have reached their place’. He did not

explicitly state the last of its time, for whenever the sacrifices reach their location it is then permissible to shave the

head.” On the authority of Ahmad it is obligatory to make a blood sacrifice for postponing shaving the head. This is also

the opinion of Abu Hanifa because he considered it apart of the ritual to postpone it beyond its proper place. There is no

difference in postponing shaving the head, whether it is by a little time or much, due to forgetfulness or intentionally.

Malik, at-Thawri, Is’haq, Abu Hanifa and Muhammad all said: “Whoever abandons shaving the head until he removes

the ihraam, then he is obligated to make a blood sacrifice because it is apart of the ritual of pilgrimage which should be

performed during the sacred period of the pilgrimage just like the remainder of the rituals.” As for the methodology of

shaving, it has been related by Muslim in a prophetic tradition of Anas: “The Messenger of Allah, may Allah bless him

and grant him peace came to Mina, and then went to the jamra and stoned them. He then came back to his camping

place in Mina and made the sacrifice. He then said to the barber: ‘Take from here’. He made an indication to his right

side, then to his left. He then gave this to the people.” In the narration of at-Tirmidhi from a prophetic tradition of Anas

as well who said: “When the Messenger of Allah, may Allah bless him and grant him peace had stoned the jamra. He

then made his ritual sacrifice, and then went to the barber, who shaved his right side, which he then gave to Abu Talha.

He then shaved his left side and he said: ‘Devide this portion between the people’.” In this is proof that it is negation not

an obligation to bury the hair. However, some of the scholars say that not burying the shaved hair was specific for the

hair of the Prophet, ay Allah bless him and grant him peace. As for others from the children of Adam, it is obligatory for

them to bury their hair, or it is considered highly recommended. Ar-Raafi` mentioned regarding the Sunnan of shaving:

“When a person shaves, it is highly recommended that he began with his rightside, then the left; that he should face the

qibla; that he make the takbeer after the completion and that he bury his hair.” At-Tabari related that apart of the

Sunnan of shaving the hair is to pray two raka`ts after it. In this prophetic tradition is established the permissibility of

taking blessings with the Prophet’s hair and other than that from his traces. Ahmad related in his Musnad with his chain

of authority going back to Ibn Sireen who said: “Ùbayda as-Salmaani narrated this tradition to me, (meaning the above

cited tradition) and said: ‘That one of his hairs is with me is more beloved to me than all the silver and gold on the face

of the earth and in its interior’.” More than one narrator related that Khalid ibn al-Walid, may Allah taàla be pleased

with him, kept under his cap some of his hairs. It is for this reason that he never directed himself towards an enemy

province except that he attained victory. This was further corroborated by al-Mala’ in his as-Seera where he said:

“When Abu Talha divided the hair among the people, Khalid asked him to give him the hair from his forelock so he

gave it to him. He requested this because the hair from the forelock of his forehead is related to attaining victory for

everyone who places it in front of him.” This is an indication of the immense secret regarding some of the ministers of

the Awaited al-Mahdi. In this prophetic tradition it establishes the purity of the human hair, which is the teaching of the

majority of the scholars. It is sound in the opinion of those who follow of as-Shafi`, although among them Abu Ja`far at-

Tirmidhi disagreed saying that purity was a special quality of the Prophet’s hair alone, and held the view that the hair of

everyone else was impure. The meaning of his words, may Allah be pleased with him: “…and some of them cut theirs”;

is that a group among the Companions cut their some of their hair. This is proof of the permissibility of shortening the

hair although shaving is superior. Malik, at-Tayaalisi, Ibn Abi Shayba, al-Bukhari, Muslim, Abu Dawud, at-Tirmidhi

and Ibn Maja all related on the authority of Ibn Umar that the Messenger of Allah, may Allah bless him and grant him

peace said: “May Allah be merciful to those who shaved.” They said: “As well as those who cut their hair, O Messenger

of Allah!” He again said: “May Allah be merciful to those who shaved.” They again said: “As well as those who cut

their hair, O Messenger of Allah!” He then said: “And those who cut their hair.” It is said this occurred on the day of

Hudaybia when they were barred from the House of Allah. In the narration of Ibn Abi Shayba, al-Bukhari, Muslim and

Ibn Maja on the authority of Abu Hurayra who said: “The Messenger of Allah, may Allah bless him and grant him

peace once said: ‘O Allah, forgive those who shaved their heads.’ They said: ‘O Messenger of Allah and those who cut

their hair as well!’ He then said three times: ‘O Allah, forgive those who shaved their heads.’ They said: ‘O Messenger

of Allah and those who cut their hair as well!’ He then said: ‘And those who cut their hair’.” It is said that this occurred

during the Farewell Pilgrimage. The Messenger of Allah, may Allah bless him and grant him peace sought forgiveness

three times for those who shaved their heads, and once for those who cut their hair proves the superiority of shaving the

head over shortening the hair. Al-Muhallab said: “The significance of the Prophet, may Allah bless him and grant him

peace of making supplication three tomes for those who shaved their heads, and Allah knows best, that shaving is more

persuasive in expressing the concept of worhip. It is also more articulate as a proof of the sincerity of the intention in

showing one’s humility to Allah, because merely shortening the hair is an indication of the continuity of the desire to

beautify the self, which Allah desire for those who have answered His invitation to pilgrimage to let go, as a way of

On What Has Been Related Regarding the Tawwaaf’l-Ifaadat434


pleased with her, who said: “We made the hajj with the Prophet, may Allah bless him and grant him

peace, and we poured forth in large numbers on the Day of Sacrifice.”435

manifesting their humility and humbleness to Him. They thus are required to avoid adorning themselves with all

fragrances and forms of beautification and to be unkempt and dusty. Thus, whoever leaves some of his hair, then their

still persist in his soul some desire for beautification, and indicates that he is not adorning himself with dishevelment

and dust for the sake of Allah alone. Thus, the Prophet, may Allah bless him and grant him peace wanted to incite

people to being unkempt and dusty by making supplication so that those who persisted with the desire of the

beautification of this world’s life could abandone it. Then he made for them as well a portion of his supplication, which

was a forth of the original supplication, so that no one from among his Umma would not be disappointed from receiving

the righteousness of his supplication.” 434 The meaning of the expression ifaadat ‘amplification’ is from ‘to pour forth’ (sabb) and is utilize to indicate pushing

forward with one’s journey. Its etymology is from exhaust oneself or one’s camel. Allah taàla says: “…but when press

on in the multitude from Àrafaat”, which means when the people press on from Àrafaat to Mina, by setting out in

multitudes to Mina reciting the talbiya. Thus, every setting out is a form of pouring forth. The meaning of ‘when you

press on’ is when you set out in large numbers. Abu Is’haq said: “This expression is proof that the halting at Àrafaat is

an obligation, because the pouring forth in multitudes does not occur except after first halting at Àrafaat.” The meaning

the tawwaaf’l-ifaadat ‘the circumambulation of the pouring forth of the multitude’ on the day of sacrifice is the pouring

forth of the people from Mina to Mecca; then they make the tawwaaf and then return back to Mina, stay over night and

make the final stoning. 435 The meaning of her words, may Allah be pleased with her: “We made the hajj with the Prophet, may Allah bless

him and grant him peace”; is that it was the Farewell Pilgrimage as it was cited in the narration of Abu Dawud on the

authority of Umm’l-Hussein. The meaning of her words, may Allah be pleased with her: “…and we poured forth in

large numbers on the Day of Sacrifice”; is that we made the circumambulation for the tawwaaf’l-ifaadat. The scholars

agree that this tawwaaf is an obligation. Their evidence for this are the words of Allah taàla: “Then let them make an

end to their unkemptness and pay their vows and go around the Ancient House.” Thus, making tawwaaf of the Ancient

House was made obligatory after the completion of the unkemptness. This is a reference to the tawwaaf’l-ifaadat on the

day of sacrifice after the halting at Àrafaat. If the person makes the tawwaaf voluntarily then it suffices from the

obligation because he performed it in its proper time. All of the scholars consider it highly recommended making the

tawwaaf on the day of sacrifice, returning to Mina, staying the night and then making the final stoning. Abd’r-Razaaq

mentioned on the authority of Ibn Jubayr: “If a person makes the tawwaaf on the day of sacrifice he should not exceed

seven circumambulations and he can postpone them.” The same was narrated on the authority of Taawus. It has been

related on the authority of al-Hakam who said: “The companions of Abdallah on the day of sacrifice did not exceed

seven circumambulations, and they used to postpone them.” There is no dispute among the jurists regarding the one

who postpones making the circumambulations on the day of sacrifice and makes it during the days of tashreeq (11th

,

12th

, and 13th

of Dhu’l-Hijja)that it perverts the obligation, and that there is nothing against him. They do differ,

however in postponing it until the days of tashreeq pass. Àtaa’ said: “There is nothing against him”; which is also the

view held by Abu Yusef, Muhammad, as-Shafi`, and Abu Thawr. Malik said: “If he hastens it, it is better. If he

postpones it until the passing of the days of tashreeq, and then leaves from Mina to Mecca, there is no harm. However,

if he postpones it after leaving Mina for some days, and many days pass, then it is obligatory for him to make a blood

sacrifice.” There is disagreement also if he postpones it until he returns to his land. Some of the jurists have said: “He

should return and make the tawwaaf and nothing else suffices that.” It has been related Àtaa’ in a second opinion:

“This view is valid when the following year retruns and he goes again to make the major or minor pilgrimage.” Ibn al-

Qaasim said in the al-Mudawwana: “Ibn Abd’l-Hakam related on the authority of Malik: ‘The tawwaaf of entering the

precincts can suffice a person from making the tawwaaf’l-ifaadat if he forgets to do it until he returns to his land, but he

must make a blood sacrifice.’ Ibn al-Maajishun and Matruf both related on the authority of Malik: ‘The tawwaaf of

entering the precincts does not suffice from the tawwaaf’l-ifaadat in anything. What suffices them from tawwaaf’l-

ifaadat are all the actions the pilgrim does from the day of sacrifice and after it during his pilgrimage’.” This is also the

view of Abu Hanifa and as-Shafi`.

On What Has Been Related Regarding the Farewell Tawwaaf436

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abaas said: “The

people were ordered that their last obligation be with the House.”437 In has been related in the

narration of Muslim: “…be with the tawwaaf of the House.”438

436 That is to say, it is an explanation of the legal judgment regarding the farewell tawwaaf which is performed as the

last solemn covenant of the pilgrims. The jurists disagree regarding its obligation. 437 The meaning of his words, may Allah be pleased with him: “The people were ordered that their last solemn

covenant should be with the House”; is that what is meant by the commanding of the people utilizing the passive voice

is that it was the Prophet, may Allah bless him and grant him peace who commanded them. This last solemn covenant

should only be making the tawwaaf. Thus, the last solemn covenant should be the farewell tawwaaf. It has been related

by Sufyan regarding the meaning of his words: “…their last solemn covenant should be with the House” is that it was

related on the authority of Sulayman al-Ahwaal on the authority of Taawus on the authority of Ibn Abass who said:

“The people used to disperse in every direction, but then the Messenger of Allah, may Allah bless him and grant him

peace said: ‘None of you should go until his last solemn covenant is with the House’.” That is to say, that he should

make the tawwaaf of the House. It has been related Muslim in which he added: “…except that mitigation was made for

the woman menstruating.” This is proof of the obligation of making the farewell tawwaaf for the woman not

menstruating, and repeals it from those who are, and she is not required to make a blood sacrifice for abandoning it.

This is the opinion of Malik, as-Shafi`, Abu Hanifa, Ahmad and others, except what was transmitted by Ibn al-Mundhir

on the authority of Umar, Ibn Umar, and Zayd ibn Thaabit, may Allah be pleased with them. An-Nawwawi said: “It is a

required obligation for the one who abandons it that he nake a blood sacrifice, according to the soundest opinion with

us.” This is the view of the majority of the scholars, however Malik, Dawud and Ibn al-Mundhir said: “It is a Sunna and

there is nothing against the one who abandons it.” Those who follow Abu Hanifa say: “It is an obligation for those

living far away, but not for those residing in Mecca, at the places of the rendezvous, or those between thiem.” Abu

Yusef said: “What is most beloved to me that the residing in Mecca make the tawwaaf because it seals the pilgrimage

rituals, and that it is not an obligation upon the woman mestruating, the woman bleeding from after birth, nor for the

one performing the minor pilgrimage because its obligation is a custom established by textual evidence regarding the

major pilgrimage and is restricted to it. Nor is it and obligation for the one who missed the pilgrimage because it then

becomes obligatory for him to make the minor pilgrimage, in which no farewell tawwaaf is required.” Malik said: “The

people were commanded to make the last of their rituals the tawwaaf based upon the words of Allah taàla: ‘…that and

for he who extols the rites of pilgrimage, for that is from the fearfull awareness of the heart’. Allah taàla also says:

‘Therein are advantages for you up to an appointed time; then they are brought for sacrifice to the Ancient House’. The

proper place of all the rites of pilgrimage is to complete them at the Ancient House.” Malik also said: “Whoever

postpones the farewell tawwaaf and then departs without making the tawwaaf; if he is close he should return and make

the tawwaaf. However, if he doesn’t return then there is nothing against him.” This is because with Malik, the farewell

tawwaaf is not an incumbent Sunna. What is intended in his view by closeness is 18 miles. He also said that if he makes

the farewell tawwaaf and then undertakes purchasing his requirements and foodstuff in the markets, then there is

nothing against him. However, if he remains a day or more, he should return and make the farewell tawwaaf. Àtaa’, at-

Thawri, Abu Hanifa, as-Shafi (in the most apparent of his two views), Ahmad, Ishaq, and Abu Thawr, all said: “If the

person is near, he should return and make the tawwaaf. However, if he is too far, he then needs to make a blood

sacrifice.” Their proof in the obligation of blood sacrifice is the words of Ibn Abass who said: “Whoever forgets

anything from the rites of the pilgrimage shoul make a blood sacrifice.” And to them the farewell tawwaaf is among the

rituals of pilgrimage. The meaning of closeness to them differs. Abu Hanifa held the view that he should return as long

as he has not reached any of the rendezvous (mawaaqeet). As-Shafi` held the view that he should return as long as he

has not reached a distance which it is required for him to shorten the prayers. At-Thawri held the view that he should

return as long as he has not left the Sacred Precinct. Àtaa’ said regarding the one who made the farewell tawwaaf and

then purchasing things for his requirements: “He should return so that his last solemn covenant is making the tawwaaf

of the House.” It is in accordance with this opinion that at-Thawri, as-Shafi`, Ahmad, and Abu Thawr followed. Abu

Hanifa said: “If a person performs the farewell tawwaaf and he then resides in Mecca for another month or more, it is

permissible, and returning and performing the farewell tawwaaf again is not required for him.” 438 This means that the last of his solemn covenants from the rituals of pilgrimage should be the farewell tawwaaf of the

House of Allah.

On What Has Been Related Regarding What is Said During the Return From the Hajj

It has been related in the Saheeh of al-Bukhari439 on the authority of Abdallah ibn Umar,

who said: “Whenever the Messenger of Allah, may Allah bless him and grant him peace, returned

home from a military raid, hajj or ‘umra, he would make glorification at every elevated place of he

earth with three glorifications. He would then say: “There is no deity except Allah the One without

partner. To Him is the dominion and to Him is the praise and He has power over all things. We

return repentant, worshipping, prostrating and to our Lord praising. Allah has fulfilled His promise

and gave victory to His servants and He alone has destroyed the confederates.”440

439 Here ends facsimile 43 of the Arabic manuscript. 440 The meaning of his words, may Allah be pleased with him: “Whenever the Messenger of Allah, may Allah bless

him and grant him peace, returned home”; is when he returned as it was transmitted by Muslim on the authority of Ali

ibn Abdallah al-`Azidi on the authoeity of Ibn Umar: “Whenever he would plant himself firmly on his camel leaving for

a journey he would make glorification three times and then say: ‘Glory be to the One who has subjugated this to us’.”

He then cited the same prophetic traditions, except that he added: “And when he returned he would say it, but added:

‘…returning repentant’.” The meaning of the expression ‘arrival’ (qufuul) is ‘returned’ (rujuu`). The one who arrives is

the one who has returned. In the al-Jaami` is says: “A person is not really an arrival unless he is retuning to his own

homeland.” The meaning of his words, may Allah be pleased with him: “…from a military raid, hajj or ‘umra”: is that

the apparent meaning is this was made specific for these three affairs, however this is not the legal judgment for that

with the majority of the jurists. Rather, it should be enacted in every kind of journey, when the journey is for the sake of

obedience, like connecting the ties of kinship, seeking knowledge, and in everything which comprises the name

obedience. This is in accordance with the expression of the narration of Muslim: “The Messenger of Allah, when he

arrived home from an army, a military raid, pilgrimage or the minor pilgrimage…” until the end of the prophetic

tradition. In a narration of Abu Nu`aym on the authority of Abu Hurayra the Messenger of Allah, may Allah bless him

and grant him peace once said to a man who desired to travel: “I advise you to have fearful awareness of Allah, and to

make glorification at every exalted place.” It is said that this also includes in its judgment that which is permissible

because a traveler who journeys for that which is permissible in which there is no Divine reward for it, yet there is no

prohibition in a person doing something which will not result in a Divine reward. It is said that the words should also be

recited when journeying to an act of disobedience, because commiting such illicit acts are more in need of gaining

Divine reward outside of the actual act of disobedience. The meaning of his words, may Allah be pleased with him:

“…he would make glorification, at every elevated place of the earth”; is a reference to every elevated place. However,

its better known interpolation is every highland or plateau. Al-Jawhari said: “It refers to high mountainous regions.” It is

also said that it refers to flat lands, empty barren areas devoid of trees or anything else, and rough valleys full of rocks.

It is conceivable to refer to ships or airplanes because these too are elevated places. Al-Fara’ said: “The noblest of a

thing is its highest and most elevated part.” It is related in the al-Mahkam: “The noblest part of a thing is the highest

part of that thing, by which one rises above it and takes honor from it.” The meaning of his words, may Allah be pleased

with him: “with three glorifications”: is the saying: ‘Allahu Akbar’ three times. The meaning of his words, may Allah

be pleased with him: “He would then say”: is that he should say after making glorification. The meaning of his words,

may Allah bless him and grant him peace: “There is no deity except Allah the One”; is that there is nothing singled out

for divinity except Him alone. The meaning of his words, may Allah bless him and grant him peace: “…without

partner”; is that Allah has no partner either through reason or textual evidence, bcause the existence of two deities is an

impossibility. This expression is substantiation of his words: ‘the One’ because that which is described with the

attributes of oneness can not have a partner with It. The meaning of his words, may Allah bless him and grant him

peace: “…To Him is the dominion”; is that sovereignty, omnipotence and all the varieties of creatin from the Throne to

spread carpet of the earth and what is between them, belongs to Him. The meaning of his words, may Allah bless him

and grant him peace: “…and to Him is the praise”; is that extolment and laudation are His alone. In the narration of at-

Tabaraani on the authority of Yahya, the additional phrase was included: “He gives life and brings death and He is the

Living who will never die, and in His Hand is all good…” The meaning of his words, may Allah bless him and grant

him peace: “…and He has power over all things”; is this sentence corroborates what came before it. It means that Allah

does everything He wills, just as He wills. The meaning of his words, may Allah bless him and grant him peace: “We

return”; is the plural of ‘a’ib’, meaning returning. Thus, it means that we are resorting or returning to Allah. In it also is

the concept of returning to one’s homeland. For the phrase ‘aab’ resorting to a thing means returning to it. It is said that

one does utilize the expression ‘iyaab’ (reverting back) except when one is returning to one’s people at night. The

meaning of his words, may Allah bless him and grant him peace: “…repentant”; is from repentance which also a form

of returning from what is blameworthy in the sharià to what is praiseworthy in the sharià. In this is an indication

recognizing one’s shortcomings in worship. The Messenger of Allah, may Allah bless him and grant him peace said it

by way of humility or in order to instruct his Umma. It is also conceivable that he used the expression ‘repentance’ to

indicate persistence in obedience, thus meaning that sins will not occur from him. The meaning of his words, may Allah

bless him and grant him peace: “…worshipping”: is worshipping Allah alone. The meaning of his words, may Allah

bless him and grant him peace: “…prostrating”; is showing humility to Him. The meaning of his words, may Allah

bless him and grant him peace: “…to our Lord”; is that this is connected to the phrase ‘prostrating’ or to the remainder

of the attributes, which is an acknowledgement of His Lordship. The meaning of his words, may Allah bless him and

grant him peace: “…praising”; is being grateful to Him for permiting the return from the pilgrimage, and the jihaad, for

the blessing completing the religious rites. This is also an acknowledgement of His favors which gives as a bounty and

mercy for them. The meaning of his words, may Allah bless him and grant him peace: “Allah has fulfilled His

promise”; is in what He promised of manifesting His religion by His words: “Allah has promised you abundant spoils of

war.” And His words: “Allah has promised those who believe and do righteous deeds, that He would make them

vicegerents in the earth.” This is a reference to the journeying for military raids. However, its correlation with the

journeying for the major and lesser pilgrimage are His words: “…that you would enter the Sacred Masjid, Allah willing

safely.”.The meaning of his words, may Allah bless him and grant him peace: “…and gave victory to His servant”; is

that he refered directly to himself as well as the believers. The meaning of his words, may Allah bless him and grant

him peace: “…and He alone has destroyed the confederates”; is without actions on the part of any human, nor any

causative factor from their direction. If Allah wills to conquer the disbelievers without having the fought, He can do so,

because He does whatever He wills, and He has power over all things. In this is evidence for leaving matters over to

Allah and having firm belief that He is the sole King and Owner of kingdoms. For His omnipotence is connected to

everything in existence. There is some disagreement among the jurists regarding what is meant by ‘al-ahzaab’ (the

confederates) in this prophetic tradition. It is said that they were the disbelievers of the Quraysh, and those who assisted

them from among the Arabs, and the Jews who confederated, or joined forces in the Battle of the Trench. It is regarding

them that the Qur’anic chapter called al-Ahzaab ‘the Confederates’ was revealed. It is said that what is meant is more

general than that and refers to the confederates of the disbelievers in all times and places. The wisdom in the Shehu,

may Allah be merciful to him, mentioning this supplication here at the completion of the Book of Pilgrimage and before

the commencement of the Book of Jihaad is in order to indicate that the key to military victory and conquest in Jihaad

is through the baraka of the supplications of the powerless among the struggling Muslim, those who are impoverished

but hardworking and those who have become alienated as a result of injustice; who firmly believe that they have no

power whatsoever, that it is Allah who created them and their actions; who know with absolute certainly that Allah

taàla is the One who gives vistory to His servants, that He alone destroys all the confederated forces; and who

surrender with their entire spirit to the words of Allah taàla: “You did not fight them, rather it was Allah who fought

them. You did not throw when you threw, rather it was Allah who threw, in order to test the believers with excellent test.

Indeed Allah is Hearing Knowing. So that you may know that Allah is the One who weakens the plots of the

disbelievers. So if you disbeliever sought a decision, then know that the decision has come. If you desist it will be better

for you, but if you resort back to persecution, We will also return, and your host will not avail you in the least, however

numerous they may be; and indeed Allah is with the believers.” Thus, due to the excellence of their opinion of Allah

taàla, their recognition of their own inabilities, and acknowledgment of their impoverishment and weakness, they then

resort to Allah with sincere repentance, unifying Allah, extolling Him, and praising Him with every variety of

remembrance and supplication. Then, Allah taàla assists them just as He assisted His friends among the first and

foremost; as he upon him be blessings and peace said: “Indeed Allah gives victory to this Umma by means of the

oppressed among them, by their supplications, righteousness and sincerity.” In another narration: “Seek out the

oppressed among the Muslims, for indeed you are provided your daily provision and given victory by means of the

oppressed among you.” This means that Allah gives victory because of them, or due to the baraka of their supplications.

Here it is ended, and with its ending I end the commentary upon the Book of Pilgrimage, and success is with Allah. O

Allah I ask You for every good which Your knowledge encompenses in this world and the Next, and I seek refuge with

You from every evil which Your knowledge encompenses in the this world and the Next. O Allah give us success in

following the Sunna of Your prophet, Muhammad, may Allah bless him and grant him peace, outwardly and inwardly,

by his rank that he has with You.

Kitaab ‘l-Jihaad (The Book of Military Struggle)441

441 The etymological root of the word ‘jihaad’ (military struggle) is from the expression ‘exertion’ (jahd) which means

hardship (mashaqqa) and energetic capability (taaqa). According to the sharià it means waging combat and fighting

against enemies, which comprises the exertion and emission of utmost capacity in war, or words, or what is connected

to it. The one who struggles against the enemy is a mujaahid and jihaad is his actual combat; for he is the one who

struggles in the Way of Allah. The Knower of Allah, the genuine mujaahid for Allah, Shaykh Ma’a’l-Aynayn said in his

Dleel’r-Rifaaq: “The term mujaahida (struggle) when utilized unrestrictedly refers to the struggle against the soul

(mujaahidat’n-nafs) by learning the affairs of the religion, then acting in accordance with them, then teaching it to

others. It is also a reference to the struggle against Satan (mujaahidat’s-shataan) by warding off what he comes with

from doubtful things and what he adorns from corrupt passions. It is also a reference to the struggle against the corrupt

(mujaahidat’l-fusaaq) by means of the hands, then the tongue, then the heart. As for the struggle against the disbelievers

(mujaahidat’l-kufaar), it is accomplished by means of the hands, the wealth, the tongue and the heart.” Allah taàla

says: “…if indeed you go out in jihaad in My Way seeking My pleasure.” Allah taàla says: “Say: if your fathers, sons,

brothers, wives, relatives, the wealth you have acquired, the merchandise for which you fear loss, and dwellings you

desire are more dearer to you than Allah, His Messenger and jihaad in His Way”; that is in giving victory to the

religion of Allah and adhering to His pleasure. This is evidence of the merits of jihaad, and it taking preference over all

the things which bring comfort to the soul and its attachments to family and wealth. In the two above cited Qur’anic

verses is clear proof against the collaborators in these times who falsely claim that the expression ‘jihaad’ is not utilized

in the Qur’an in the context of combat and military. Realize, that this claim is a lie from the lower soul, and is taking

reliance upon false interpretation (ta'wil baatil). For it has been narrated in a sound prophetic tradition: “Verily Satan

establishes himself against the son of Adam in three positions. He positions himself on the road to Islam and says: ‘Do

not forsake your religion and the religion of your fathers.’ He then opposes him and accepts Islam. He then positions

himself against him on the path of hijra and says: ‘Will you forsake your wealth and your family?’ He then opposes him

and makes the hijra. He then positions himself against him on the path of jihaad and says: ‘If you make jihaad, you will

be killed and someone else will marry your wife, and divide your wealth between them.’ He thus, opposes him, and it

then becomes a right of Allah to enter him into Paradise.” Thus, the above cited justification utilized by the

collaborators is only the excuse of a liar, clinging to humiliation, since their claim is merely apart of the deceptions of

Iblees. We see many people in these times repeating this, by which they confide with the disbelievers in confidence

seeking honor from them. For jihaad with the meaning of combat and military warfare is firmly established in the

Infallible Qur’an, and it is apart of the most apparent elements of the Sunnan of the Prophet of mercy, upon him be the

best blessings and most perfect peace. Jihaad is apart of the manner of the Righteous Ancestors, and those who follow

them in spiritual excellence until the Day of Judgment, as he upon him be peace said: “There will never cease to be a

community from my Umma fighting in the Way of Allah until the appearance of the Hour. They will not be harmed by

those who oppose them; and war and it's preparation will not be put down until the appearance of Juj and Majuj.” For

jihaad with the meaning of military warfare and combat is a right established in the pure canon sharià of Islam. Rather,

it is has been firmly established in the religions of the past in the Jewish rabbanical law, in Christian ecclesiastical law,

and in the customary law of every human community from the Arabs, the Blacks, the Indians, the Chinese, the

Europeans and others. For combat and military warfare is a right from among the natural and individuals rights in

matters of self defense. It is a right from among the political rights in the sovereignty of nations in matters of national

defense and the declaration of war. It is a right within the Charter of the United Nations in the fundamental precepts of

human rights and self determination; accepted in international law in the protection of the rights of religious, ethnic,

linguistic and cultural national minorities. For combat and military warfare is apart of the fundamental principles of the

constitutional law of the United States of America; and it is for this reason that the bearing of arms is a fundamental

right of every citizen in that country. For jihaad in reality is far superior to mere military warfare and combat because it

is accomplished in the Way of Allah taàla, and it is from among the obligations which have been made incumbent upon

His Prophet, upon him be peace and his Umma until the Day of Judgment. It is for this reason the Shehu, may the mercy

of Allah be upon him said in his introduction to this book: “Because of the laxity in the zeal of the people of these times,

I have limited this book to mentioning just the prophetic traditions (al-ahaadith) which will clarify in summation what

has been related in the tradition of Jibril, upon him be peace, regarding Islam, Iman, and Ihsan; which with respect to

worship make up the whole of the religion. I have only added in this book the prophetic traditions concerning the issue

of military struggle (jihaad), which remains the sole means by which the religion is protected.” The reason for him

adding the Book of Jihaad is because the religion is not preserved except by means of it, either by the sword, the pen,

the word or by a social contract with the disbelievers. The religion is preserved by means of jihaad because it is the

means by which the religion is exalted and disseminated and the means by which disbelief is destroyed and refuted.

On What Has Been Related Regarding the Obligations of Jihaad442

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abass, may Allah be

pleased with him that the Prophet, may Allah bless him and grant him peace, said on the day of the

Jihaad was made incumbent by His words: “Fighting has been prescribed for you, eventhough it is disliked by you; but

perhaps you dislike a thing which is good for you, and love a thing which is harmful to you. Indeed Allah knows and

you do not know.” The Messenger of Allah, may Allah bless him and grant him peace said as it was related by Abu

Dawud on the authority of Abu Hurayra: “The jihaad is obligatory upon you with an Amir whether he be righteous or

sinful.” Qadi Modibo Abdullahi ibn Bellel said in his Risaalat wa Naseeha: “The scholars are unanimously agreed that

fighting the unbelievers in their lands is a collective obligation (fard 'l-kifaya) and some of them even say it is an

individual obligation (fard 'l-àyn). Al-Qurtubi said in his tafsir: "It is obligatory for the Imam to dispatch a brigade to

carry out military expeditions against the enemy once every year. He should go out with them himself or dispatch

someone who represents him. And they are to call the disbelievers to Islam, avert harming them and inform them about

the religion of Allah until they enter into Islam or they pay the tribute (jizya)." It is stipulated in the al-Mukhtasar and in

other books of jurisprudence (fiqh): "When the enemy makes a sudden attack upon a region of the Muslim people, then

it is incumbent upon them to defend themselves. It then becomes an individual obligation upon every Muslim in that

region, even if it is a woman.” The ending of this quote from the Chief Judge of Yola is proof that the key objective of

jihaad is in order to exalt the Word of Allah, meaning His religion, in His earth. If this can be attained by the sword, the

jizya, the truce, the social contract, by commanding the good and forbidding evil or other than these, then this is what is

meant by jihaad. However, this does not preclude that it also includes defending one’s life, reason, honor, womenfolk

and wealth because Islam was established in order to preserve all of these. For by preserving these one establishes an

aspect from the characteristic of jihaad, and Allah knows best. 442 This refers to the legal judgment of the obligation of jihaad; for the Shehu, may Allah be merciful to said in his

Bayaan Wujuub’l-Hijra Àla’l-Ìbaad in chapter 13 on the legal judgment of jihaad: “As for the legal judgment of

jihaad it is an obligation upon mankind based upon the words of Allah taàla: ‘Fighting has been prescribed for you’;

and based upon his words, upon him be blessings and peace: ‘Jihaad is obligatory upon you with an Amir, whether he

be righteous or sinful.” This was related by Abu Dawud. Al-Nafraawi said in his al-Fawaakihi ‘d-Diwaani the

commentary upon the ar-Risaalat: ‘It is an individual obligation upon the Amir’l-Mu’mineen to conduct the jihaad, and

this is the same with the Jamaàt of the Muslims, if he does not exist.’ However, jihaad is considered the collective

obligation based upon the opinion of the majority jurists. Muhammad ibn Ahmad ibn Juzay said in his Qawaneen’l-

Ahkaam: ‘Jihaad is a collective obligation according to the majority of the jurists.’ Ibn Habib said that it is an

individual obligation, while ad-Dawuudi said: ‘Jihaad is a collective obligation upon everyone who is near the

disbelievers; and when the borders of the lands have been protected; and the fortified borderline cities have been

defended, then the obligation of jihaad has been repealed, but remains as a superogatory act of worship. Jihaad is made

an individual obligation by three preconditions. The first being with the order and command of the Imam, for whoever

the Imam specifies for the jihaad it then becomes an individual obligation for him to go out. The second is when the

enemies make a sudden attack upon the lands of Islam, it then becomes an individual obligation upon the people of that

land to defend themselves. If they do not suffice then it become incumbent upon those near to them. If all of these do

not suffice in defending the land then it becomes incumbent upon the rest of the Muslims until the land is defended from

the enemies. The third is in order to liberate the captives among the Muslims from the hands of the disbeliever.’ It states

in the al-Mukhtasar: “Jihaad is a collective obligation to be sent out in the direction of the most pressing regions every

year and when there is fear for those visiting the Ka`ba from billergerents.” Al-Kharaashi said in his commentary upon

the al-Mukhtasar: “In this regard, meaning jihaad, it is well known that it is a collective obligation, and is canceled for

most if some undertake it; based upon the words of Allah taàla: ‘Allah has made those who struggle with their wealth

and lives superior in ranks to those who sit at home; although for each Allah has promised good’. This gives evidence

that the the entire group being addressed in this verse is done by way of substitution. It also indicates that the jihaad has

been canceled by the actions of some. However when jihaad has become an individual obligation, those who sit at home

without necessaity are disobedient.” As-Shabakheeti said in his commentary upon the al-Mukhtasar: “In this regard, if it

is said how can he, may Allah bless him and grant him peace have become angry with the three who refused to go out

when it is a collective obligation? The answer is that the jihaad was made an individual obligation upon the al-Ansaar

when they gave the oath of allegiance to the Messenger of Allah, may Allah bless him and grant him peace in that

regard; thus, the three who refused then to join the military engagement commited a major sin. As-Suhayli said this in

his ar-Rawd al-Anfi regarding the prophetic tradition regarding the three Ansaar who failed to participate, that it was

related on the authority of Ibn Bataal.”

conquering of Mecca: “There is no hijra after the conquering but there remains jihaad and intention.

Thus, when you are asked to go out and fight, then go out.”443

443 The meaning of his words, may Allah be pleased with him: “…that the Prophet, may Allah bless him and grant him

peace, said on the day of the conquering of Mecca”; is this this was said just prior to the actual conquering of Mecca, as

al-Muhallab cited. The meaning of his words, upon him be blessings and peace: “There is no hijra after the

conquering”; is a reference specifically to the conquering of Mecca, in the opinions of the majority of the jurists. Al-

Khataabi and others said: “In the beginning of Islam, hijra was made obligatory upon anyone who accepted Islam due

to the scarcity of the Muslims in al-Medina, and their need to establish community life. However, when Allah

conquered Mecca and the people entered into the religion of Allah in large numbers, the obligation to make the hijra to

al-Medina was terminated, and the obligation to make jihaad and intention remained for the people who resided in

Mecca, or for a people whom the enemies attacked.” Apart of the wisdom for the obligation of hijra for those who

accepted Islam, was in order for them to be safe from the evils of the disbelievers, because the disbelievers used to

torture those who accepted Islam until they returned to their former religion. It was about them that Allah revealed His

words: “Indeed those whom the Angels cause to die, while they are being unjust to their own souls, they will say to

them: ‘What were your circumstances?’ The will say: ‘We were oppressed in the earth.’ They will say to them: ‘But was

not Allah’s earth vast enough that you might might emigrate in it’?” In this particular form of hijra, its legal obligation

continues regarding the reality of those who accept Islam in the lands of disbelief, and they have the ability to leave that

land. This obligation will remain until the Day of Judgment. It has been related by an-Nisaai’ by way of Bihr ibn Hakim

ibn Muàwiyya on the authority of his father in the authority of his grandfather, that the Messenger of Allah, may Allah

bless him and grant him peace said: “Allah does not accept the actions from a idolater after he has accepted Islam until

he separates from the idolaters.” The Professor Abdullahi ibn Fuduye` said in his Diya’l-Hukaam: “As for those who

say that the obligation of hijra has been abrogated by the prophetic tradition: ‘There is no hijra after the conquering’; is

actually ignorant of the causative factor of the prophetic tradition and of the tafseer which the scholars of the Sunna

give to it. This is because its causative factor was as a result of those who desired to make the hijra from Mecca after it

was conquered. Thus, he, upon him be blessings and peace explained that the obligation of making hijra from Mecca

had been revoked with its conquering. However, the scholars do cite that judgment of hijra being a prerequisite for the

soundness of belief, had been abrogated after the conquering of Mecca. Al-Qastalaani said in his commentary upon al-

Bukhari: ‘As long as there remains in this world a land of disbelief, then making the hijra from it is an obligation; since

legal judgments persists as long as their causes exists’. There is also the prophetic tradition: ‘Hijra will not cease until

repentance ceases, and repentance will not cease until the sun rises from the west.’ This was related by Abu Dawud on

the authority of Muàwiyya. As for those who say that everyone who does not make the hijra from among the

disbelievers, then he is also a disbeliever; to the point they permit the seizing of their children as slaves; are also

ignorant. This is because failing to make the hijra is merely an act of disobedience, and not an act of disbelief.” The

meaning of his words, upon him be blessings and peace: “…but there remains jihaad and intention”; is as at-Tayyibi

and others have said: “This is called taking precaution against generating a judgment which conflicts with a prior

judgment.” This means that the hijra, which was an individual obligation and comprised separating from the designated

land of Mecca and fleeing to al-Medina has been cancelled, except when one leaves that land for the purpose of jihaad

whose judgment persists. Likewise the leaving from a land for reasons of a righteous intention, like the fleeing from the

land of disbelief; leaving a land in order to seek knowledge; fleeing with one’s religion from strife; and making

intention in all of that continues. It is also conceivable that what is meant by his words: “…and intention”; is that the

obligation of intention in every act of worship remains, for worship is not valid without intention. The meaning of his

words, upon him be blessings and peace: “Thus, when you are asked to go out and fight, then go out”; is as an-

Nawwawi said: “What is meant here is that the transmission which is canceled with the canceling of the hijra, is

possible to be achieved through jihaad and a righteous intention. For when an Imam orders you to disperse from your

land for the purpose of jihaad and its like from righteous actions, then you should leave that land.” At-Tayyibi said:

“His words: ‘…however jihaad…’ is conjuncted to the prefixing circumstance in his words: ‘There is no hijra…’,

which means the hijra from one’s land, either by fleeing from the disbelievers or for jihaad or other than this persists,

like seeking of knowledge.” It has been related by Ahmad from the prophetic tradition of Ibn as-Saìdi that the

Messenger of Allah, said: “Hijra will not cease as long as the enemies are being fought.” In another narration of Ahmad

also from the prophetic tradition of Junaada ibn Abu Umayya that the Messenger of Allah, said: “Verily hijra will not

cease as long as there is jihaad.” These two prophetic traditions are evidence that the hijra will not cease until war and

its preparation has been set aside; and war and it preparation will not be set aside until the appearance of Yajuj and

Majuj after the heavenly descent of Ìsa ibn Maryum, upon him be peace.

On What Has Been Related Regarding the Merits of Jihaad


be pleased with him who said: “A man once came to the Messenger of Allah, may Allah bless him

and grant him peace, and said: ‘Guide me to an action which is equal to jihaad, he, may Allah bless

and grant him peace, said: “I can not find any.”444

In it also445 on the authority of Abu Sa’id al-Khudri, may Allah be pleased with him, who

said: “It was once said: ‘O Messenger of Allah, which people are the best?’ The Messenger of Allah,

may Allah bless him and grant him peace, said: ‘A believer who struggles (yujaahid) in the way of

Allah with his nafs and wealth.’ They then said: ‘Then who?’ He, may Allah bless him and grant

him peace, said: ‘A believer who resides among the diverse mountain passes fearing Allah and

keeping people safe from his evil’.”446

444 The meaning of his words, may Allah be pleased with him: “A man once came to the Messenger of Allah, may

Allah bless him and grant him peace”; is that the traditionist Ibn Hajr said: “I have not come across the name of the

man.” The meaning of the words of the man: “Guide me to an action which is equal to jihaad”; is guide me to an action

that if I do it, it will be like jihaad in its reward with Allah; or which is the same as jihaad or resembles it. The meaning

of his words, may Allah bless him and grant him peace: “I cannot find any”; is I cannot find any action equal to jihaad

in the Way of Allah. Then the man said: “Is it possible that when the mujaahid goes out, that you enter your masjid, and

then stand in prayer none stop and fast continuously without breaking it?” He said: “Who is able to do that?” Abu

Hurayra then said: “Even the stallion of the mujaahid standing on its hooves, has written for the mujaahid good deeds.”

This indicates the apparent merits of the mujaahid in the Way of Allah, and means that no other action is equal to the

action of jihaad. Ìyad said: “This prophetic traditions embraces the idea of the immense esteem accorded the affair of

jihaad because other actions such as fasting and the like in which there is mentioned the virtues of these good deeds, for

jihaad equals all of them. For all of the circumstances of the mujaahid, even his permissible actions are equal to the

reward of a person persistant in the prayer and other than that.” In this prophetic tradition is evidence that superiority is

not acheived by anology (qiyaas) but it is from the generosity of Allah taàla which he gives to whomever He pleases.

All this is evidence that jihaad is absolutely the most superior of actions. 445 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Merits of Jihaad. 446 The meaning of his words, may Allah be pleased with him: “It was once said: ‘O Messenger of Allah, which people

are the best?’ is that regarding the one who asked the question, it is not known with any certainty who his name was. It

is said that it was Abu Dharr who asked him about that. Its meaning is: ‘Who is best among the circumstances of the

common people?’; not the elite of the people, because being among the elite from the people of religion, knowledge,

spiritual bounty, and being precise in following the Sunnan from among the scholars and champions of Truth, these are

more superior than the mujaahid in the Way of Allah. The meaning of his words, upon him be blessings and peace: ‘A

believer who struggles (yujaahid) in the way of Allah with his nafs and wealth’; is that what is meant here by the

believer is the one who establishes what is incumbent upon him to establish, and then thereafter he then achieves the

mentioned virtues. It is then that superiority of the mujaahid emerges by him then expending his soul and wealth for the

sake of Allah taàla; due to what he achieves in transcending normal advantages. It does not mean those who limit

themselves solely to the jihaad, while at the same time abandoning the individual obligations. It has been related in the

narration of an-Nisaai’ that he upon him be peace said: “Indeed among the best of the people is a man who does an act

in the Way of Allah, mounted upon the back of his stallion.” The meaning of their words: ‘Then who?’; is that it was

those present among the Companions who said this. It means: Then after those whom you mentioned, who among the

people are best? The meaning of his words, upon him be blessing and peace: ‘A believer who resides among the

diverse mountain passes”; is the believer who isolates himself in them seeking spiritual bounty, because the one who

intermixes with the people is not safe from commiting sins, since one results in the other. This, however is restricted to

the occurrence of tribulations. In this prophetic tradition establishes the merits of seclusion, withdrawal from people and

fleeing from them; especially during the times of tribulation and the corruption of mankind. He mentions in the

prophetic tradition mountain passes and mountains because in most cases these are locals of quiet and seclusion. But it

also includes any place which allows a person to be remote from other people such as the masaajid, the spiritual

hospices, and homes; as it was corroborated in the prophetic tradition of Ùqba ibn Àamir when he asked: “What is

salvation O Messenger of Allah?” He said: “It is holding your tongue, sticking to your home, and being concerned about

your own mistakes.” The scholars differ regarding the merits of seclusion or the merits of intermixing with people. The

majority of the scholars hold the view that intermixing with the people is superior, with the condition that a man can

In it also447 on the authority of Anas ibn Malik, may Allah be pleased with him that the

Prophet, may Allah bless him and grant him peace, said: “An early morning out in the Way448 of

Allah or a late evening return is better than this world and all that is in it.”449

On What Has Been Related Regarding the Ranks of the Mujaahiduun in the Way of Allah


be pleased with him who said that the Messenger of Allah, may Allah bless him and grant him

peace, said: “Verily in Paradise there are one hundred degrees which Allah has promised for the

Mujaahiduun in the way of Allah. What is between each degree is like what is between the heavens

and the earth.450

remain safe from tribulation. Their evidence being what at-Tirmidhi and Ibn Maja narrated that he upon him be

blessings and peace said: “The believer who intermixes with the people and is patient with their evils has a greater

reward than the believer who does not intermix with the people and is unable to be patient with their evils.” Some of

them hold the view that seclusion from people is superior, and take as their evidence the remainder of the cited

prophetic tradition. The meaning of his words, upon him be blessings and peace: “…fearing Allah and keeping people

safe from his evil”; is that this confirms that being isolated from people is foremost, and is corroborated by another

prophetic tradition narrated by Bu`ja ibn Abdallah on the authority of Abu Hurayra that he upon him be peace said:

“There is coming upon mankind a time when the best of people in station (except those who do better) during that time

will be those who take hold of the reins of their horses in the Way of Allah seeking after death in that way; and a man

residing in the mountains passes establishing the prayer, giving alms and supplicating for the people.” 447 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Merits of Jihaad. 448 Here ends facsimile 44 of the Arabic manuscript. 449 The meaning of his words upon him be blessings and peace: “An early morning out”; is a reference to the merits of

that time. The phrase ‘ghadwa’ ‘morning errand’ where the fat’ha inflecting the letter ghayn means one time and is

taken from the word ‘ghadwu’ which means to leave the home in any hour during the first part of the day up until

midday. The meaning of his words upon him be blessings and peace: “…in the Way of Allah”; is a direct reference to

jihaad. The meaning of his words upon him be blessings and peace: “…or a late evening return”; is that the phrase

‘rawhat’ ‘afternoon errand’ means one time and is taken from the word ‘rawaah’ which means repose. It is to leave the

home any in hour from the the descent of the sun from its zenith until its setting. The meaning of his words upon him be

blessings and peace: “…is better than this world and all that is in it”; is that it is better than the time of this world’s life

because an early morning errand and afternoon errand are referents of time. It is for this reason that it is said that the

reward in the short time of Paradise is better than all the time in this world’s life. It has been related in another

narration: “…it is better than what everything which the sun dawned and set on.” Ibn Daqeeq al-Èid said: “It is

concievable that this has two perspectives. The first is from the perspective of lodging of the imperceptible into the

place of what is perceptable in order to verify it in itself. This is because this world’s life is perceptible in itself and

immense in its nature. It is for this reason that the comparison was made with it. Other than that it is well known that

everything in this world’s life does not equal even an atom in Paradise. The second perspective is that what is meant

that this is the extent from the reward is better than the reward which cold be attained if one was to obtain the entire

world and expended in obedience of Allah taàla. The bottom line is that what is meant is in order to make the affair of

this world’s life insignificant and to magnify the affair of jihaad in comparison. And that for the one who achieves

Paradise even if only the extent of a whip it is be as though he obtained an affair more immense than all the world. So

what would it be like for the one who attains the highest levels of Paradise? This prophetic tradition informs us that

smallness of time and space in the Hereafter is better than extensive time and space in this world’s life. It also

encourages being austere in this world’s life and considering it insignificant while it encourages yearning for the jihaad. 450 The meaning of his words, upon him be blessings and peace: “Verily in Paradise there are one hundred degrees”; is

a reference to distance or space as at-Tirmidhi cited in his narration: “…one hundred years…”, while at-Tabarani cited:

“…five hundred years…”. This was corroborated by what has been related by Ibn Khuzayma in his at-Tawheed and Ibn

Àasim in his Kitaab’s-Sunna on the authority of Ibn Masùd, may Allah taàla be pleased with him who said: “Between

the heavens and this world’s life and what is therein is a distance of five hundred years. Between each heaven is the

distance of five hundred years.” What is apparent in these narrations is that what is intended is not to give good news to

the people by citing those who enter Paradise among those who believe and perform the obligatory actions, but stop

with that and who fail to go beyond that by performing what is superior to that with regard to spiritual ranks obtained in

On What Has Been Related Regarding the Fighter in the Way of Allah

It has been related in the Saheeh of al-Bukhari on the authority of Abu Musa al-‘Ashari, may

Allah be pleased with her who said: “A man came to the Prophet, may Allah bless him and grant

him peace, and said: ‘One man fights for the spoils of war while another man fights for renown, and

yet another fights so that his rank can be seen. Which of these is fighting in the Way of Allah?’ He,

may Allah bless and grant him peace, said: ‘Whoever fights so that the word of Allah is exalted,

that is in the way of Allah’.”451

performing jihaad. The meaning of his words, upon him be blessings and peace: “…which Allah has promised for the

Mujaahiduun in the way of Allah. What is between each degree is like what is between the heavens and the earth”; has

been corroborated by what has been related by at-Tirmidhi from the prophetic tradition of Abu Saìd: “If all the worlds

were gathered together then Paradise would be more expansive than them.” In this prophetic tradition it establishes the

apparent superiority of the mujaahiduun. It also establishes the immensity of Paradise. It also indicates that the ranks of

the mujaahid can be attained by those who are mujaahiduun, either through the making of sincere intention, or by what

is equivalent to it from righteous actions. This is because the Prophet, may Allah bless him and grant him peace

commanded that all the believers to supplicate to be entered into Paradise even after teaching them that it had been

promised to the mujaahiduun. It is also said that in this prophetic tradition is established the permissibility of a

supplicant supplicating for that which he has not obtained from what was cited in the prophetic tradition. 451 The meaning of his words, may Allah be pleased with him: “A man came to the Prophet, may Allah bless him and

grant him peace, and said”; is that the man referenced in the prophetic tradition was Laahiq ibn Dameera as this was

explicitly stated in the prophetic tradition by way of Àqeer ibn Ma`daan. The meaning of the words of Laahiq, may

Allah taàla be pleased with him: ‘One man fights for the spoils of war’; is that the phrases ‘ghunam’ (booty) and

‘ghaneema’ (spoils) means ‘fay’ (that which is plundered during war). Al-Azhari said: “The spoils of war are what the

Muslim can actually carry on their horses and mounts from the wealth of the idolaters.” It is obligatory to divide all the

spoils of war into a fifth to be handed over to those whom Allah designated it. The other four fifths of the spoils are to

be divided between those who actually carried the spoils away, where the members of the cavalry get three shares and

the foot-soldier or foot soldier gets a single share. As for the general ‘fay’ (tribute), which is the tribute of Allah from

the wealth of the idolaters given to the Muslims without being obtained by war, or is not among the wealth carried away

by the Muslim warriors; the wealth considered jizya of their leaders and the wealth agreed upon based on truce (sulhi);

in this wealth it is also obligatory to take the fifth and to hand it over to those whom Allah has designated for it. The

remainder is to be expended for the purposes of fortifying military garrisons; improving and attaining weapons and

supplies; in paying the people of tribute, in paying the salary of the judiciary, and others who resemble them from

government officials. In many of the prophetic traditions the repeatedly used phrases such as ‘ghaneema’, ‘mughanim’

and ‘ghanaa’im’ are all interchangeable. Thus, the man who fights for the spoils of war is the one who desires by his

jihaad to attain the worldly life only. The meaning of the words of Laahiq, may Allah taàla be pleased with him:

‘…while another man fights for renown’; is so that his renown can be mentioned among people, and he can become

famous for his bravery. This is from the issues of showing off, since he desires by his jihaad fame, repute and standing

and nothing more. The meaning of the words of Laahiq, may Allah taàla be pleased with him: ‘…and yet another fights

so that his rank can be seen’ is actually a reference back to what came before it from desiring standing and showing off.

He mentioned it twice as a way of affirmation of the former statement in order to emphasize the ugliness of this fault. In

a narration related by Mansuur and al-A`mash the additional words were added: “…and the one who fights for

defense…”; refers to the person who fights merely for his own aims, such as his family, this relatives, and friends. In the

narration of Mansuur he added: “…and the one who fights out of anger”; which is that he fights for his own rights,

which is a kind of clarification of fighting for defensive purposes. Overall, the prophetic tradition establishes that

fighting normally occurs for five reasons: [1] desiring spoils of war; [2] manifesting one’s bravery; [3] showing off; [4]

defending oneself; and [5] out of anger. Each of these has within them some praiseworthy aspect and a blameworthy

aspect. It is for this reason that in the answer the Messenger of Allah, may Allah bless him and grant him peace gave, he

did not affirm or negate either of them. The meaning of the words of Laahiq may Allah taàla be pleased with him:

‘Which of these is fighting in the Way of Allah?’ is that which of these five are truly fighting in the Way of Allah? The

meaning of his words upon him be blessings and peace: ‘Whoever fights so that the word of Allah is exalted, that is in

the way of Allah’; is that what is meant by the ‘word of Allah’ is the invitation of Allah to the religion of Islam. It is

conceivable that what is meant no fighting can be considered in the Way of Allah, except for the one whose reason is

only to fight seeking to exalt the word of Allah; meaning that if he connects to that any other reason from the reasons

mentioned, then his jihaad is infringed. It is also conceivable that his jihaad is not infringed, if these additional reasons

are inclusive but not apart of his original objective. It is for this reason that at-Tabari explicitly stated: “If the original

reason when he initially set out was for the sake of Allah, then there is no harm on him for what occurs in his heart after

that.” This is the view of the majority of the jurists. It is important here to cite what was mentioned in this regard from

the invaluable words of the Chief Judge of our Sokoto Uthmani Caliphate, the learned and majestic jurist Modibo

Abdullahi ibn Muhammad Bellel in his Risaalat wa Naseehat regarding the circumstances of the people in fighting. He

said: “I say, and success is from Allah, realize my brothers that with regard to fighting, the circumstances of the people

in most cases are summarized into ten categories. The first category is he who fights for the sake of Allah only. He is

the one who intends by his struggle (jihaad) to seek the approval of Allah with the aim of obtaining the merits of

worship. And when he is commanded to do so, he does so without forestalling to get the reward for it in the Hereafter.

For if he is martyred, then he is the highest of the martyrs (a`ala as-shuhada'i). It was related that in one of the military

expeditions there was a young man who attacked the enemies right flank and defeated them. Then he charged the left

flank and decimated them. He then assailed the center flank until his sword bent. He then said: ‘Pleased with a good

opinion of my Master * This is what we used to fervently desire from Him * While the virgins of Paradise send upon us

their greetings * Not for them did we fight, nor for them were we killed! * But it was to our Master we were yearning *

For He alone knows our secrets and what we reveal.’ Then the young man fought until he was killed. The second

category is that he goes out to fight out of zeal for al-Islam and out of desire to make the word of Allah supreme and to

humiliate the expressions of disbelief. There is no doubt concerning the soundness of this person's intention. He is a

martyr (shaheed), as was related in the Prophetic tradition: ‘He who fights in order to make the word of Allah supreme,

then he is in the Way of Allah’. The third category is that he intends by his struggle (jihaad) the aim of Paradise and in

rder to be saved from the Fire, usually without him considering anything other than that. There is no doubt that the one

given to this situation is a martyr if he is killed. The fourth category is that the enemy comes upon someone suddenly.

Then he is killed while facing the enemy, without ever showing them his back or without having any aim in that except

to defend himself; he too then is a martyr. This is because whoever defends himself until he is killed is a martyr. As for

the one who ran away (in as much as fleeing is forbidden), then if he is killed showing his enemy his back, he is not a

martyr. Although in this world he may have the judgment of being a martyr. Likewise with the one who cheats in the

matter of the spoils of war, he also is not a martyr in the Hereafter. The fifth category is he who goes out in the jihaad in

order to increase the number of the mujahiduun (those involved with the struggle) and his intention is only to kill not to

be killed. Then that one is also a martyr if he is killed; as it has been proven by the Prophetic traditions. The sixth

category is the one who struggles for the sake of Allah, while desiring to acquire the spoils of war, when his intention in

the jihaad was only to pounce upon the spoils. Like for example, he is summoned to raid a strong army which does not

have spoils, he refuses to struggle against them. Or like if he is summoned to fight two contingents, one which

possesses spoils while the other does not. Consequently, for the one in this situation there is a difference of opinion

concerning him among our ancestors (fihi khilaaf baina as-sallaf). [1] Some of them say that his intention is false

because he allowed worldly aims to enter into actions of the Hereafter. [2] While others are of the opinion that his

intention is sound and he is demonstrably in accordance with the intention of jihaad. But they add that his reward is

reduced from the point he began to have the objective in his heart for the spoils. And about this is what has been related

in the Prophetic tradition: ‘Whoever fights to make the word of Allah supreme, then he is in the Way of Allah’;

excluding by that those who only fought for the spoils. This is attributed to the fact that his first objective was for the

spoils. And the proof for that is demonstrated by the Prophet, may Allah bless him and grant him peace, going out to

capture the caravan of Abu Sufyan. This is because that was for the purpose of seeking permissible gain (kasab halaal).

The seventh category is he who struggles in order to obtain the goods of this world, without having in mind any specific

aim of worship. This is in as much as if there appeared to him the chance to raid the disbelievers who have no spoils, he

will not raid them. For that one if he is killed, he is not a martyr in the Hereafter. While his judgement in the outward is

that he has the verdict of martyrdom. But there will absolutely be no Hereafter for him. In that there is no disagreement.

The eight category is the one who struggles in order to be seen of men and in order to boast and for similar reasons.

And it never dawns upon him that he is struggling in order to draw near to Allah. In so much as, wherever he is not

seen or wherever praises is not expected, he will not struggle. Truly, that one if he is killed is not a martyr in the opinion

of Allah without any disagreement (bi laa khilaaf). On the contrary, it is unanimously agreed that he has earned the

Grievous Punishment. The ninth category is the one who fights in order to be killed so as to be free from poverty,

impending debts or worldly misfortunes that he expects to descend upon him, without it ever occurring to him the

objective to draw near to Allah. For this one there is free range concerning him, based on what has been previously

stipulated. For it is conceivable to say he is not a martyr; or it is reasonable to say that he is a martyr because of his not

being considerate towards himself except in that situation. And Allah knows best. The tenth category is that he is

sincere in his intention, then there appears in him showing-off after commencing with the actions of jihaad. Then in that

case he has the reward for what proceeded before his showing-off. May Allah provide us with sincerity (al-ikhlaas) in

On What Has Been Related Regarding Fettering Horses452


be pleased with him that the Prophet, may Allah bless him and grant him peace, said: “Whoever

keeps horses in the way of Allah, having faith in Allah and trusting in His promise, then its fill, its

watering, its dung, and its urine will all be placed upon the persons scales on the Day of

Judgment.453

all matters. All of the above pertaining to the sincere ones was taken from Mushari`i 'l-Ashwaaq of Ahmad ibn Ibrahim

ibn an-Nahaas.” These words from the Chief Judge Modibo Abdullahi ibn Muhammad Bellel is priceless and rich in

clarifying the meaning of his words, upon him be blessings and peace: “Whoever fights so that the word of Allah is

exalted, that is in the way of Allah.” 452 That is to say, it is an explanation of the merits of fettering horses, taking its source from the words of Allah ta`ala:

“…and the fastening of horses…”; and it has been related by Ibn Mardawiyya regarding the commentary of the

prophetic tradition of Ibn Abass on this Qur’anic verse, who said: “Indeed Satan is not able to grasp the forelock of a

horse.” 453 The meaning of his words, upon him be blessings and peace: “Whoever keeps horses in the way of Allah, having

faith in Allah and trusting in His promise”: that is to say the promises that He has made to him regarding the

recompense for his actions. In this is an indication of the Hereafter, just as in the expression ‘imaan’ (belief) is an

indication of one’s doctrine (mabda’u). The meaning of his words, upon him be blessings and peace: “…then its fill”;

that is to say the the fodder which filled it. The meaning of his words, upon him be blessings and peace: “…its watering,

its dung”; is the recompense for that, not that the dung itself will be weighed. In this establishes the reality that a person

will be rewarded for his intention just as he will be rewarded for his actions. The meaning of his words, upon him be

blessings and peace: “…and its urine will all be placed upon the persons scales on the Day of Judgment”; is as Ibn Abi

Jamra said: “The legal advantages extracted from this prophetic tradition is that these good deeds will be accepted from

the person who performed them based upon the stipulation of the Law Giver that these acts will be placed on the scalesl

in contrast to other actions which are not accepted because they will not be placed upon the scales. In it also is the

establishment of the weighing of actions in the Hereafter.”

On What Has Been Related Regarding Making Horses Lean by Training454

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah ibn Umar, may

Allah be pleased with both of them who said: “The Messenger of Allah, may Allah bless him and

grant him peace arranged a horse race amongst the horses that had been made lean, letting them

start from Al-Hafya' and their limit455 was up to Thaniyat-al-Wada'. I asked Musa: ‘What was the

distance between the two places?’ He said: ‘Six or seven miles. He arranged a race of the horses

which had not been made lean sending them from Thaniyat-al-Wada', and their limit was up to the

masjid of the Bani Zurayq.’ I asked: ‘What was the distance between those two places?’ He replied:

‘One mile or so’.”456

454 The etymological root of the phrase ‘idmaar’ (emaciation) is from the verbs ‘damr’ (to become lean) and ‘damur’

(to waste away) and means leanness (hizaal) and that which is related to the inward of things, respectively. Thus, the

process of making a horse lean (idmaar) is by first spoiling the horse by feeding it until it becomes fat and strong. Then

its feed is reduced to the extent necessary to maintain its nourishment. Then it is entered into the stable and covered

with leather covering until its temperature rises and starts to sweat. Once the sweat is dessicated and its muscle mass

decrease it becomes resilient in running. 455 Here ends facsimile 45 of the Arabic manuscript. 456 The meaning of the words of Abu Hurayra, may Allah be pleased with him: “The Messenger of Allah, may Allah

bless him and grant him peace arranged a horse race”; is that the expression race is from race competition, and is

normally a race shared between two competitors. What can be extracted from this is the permissibility of horse races.

For the scholars are agreed regarding the permissibility of race horse competitions without financial compensation.

However, Malik and as-Shafi` restricted it to horses which are shod, those used for patrol, and those used in the lance

cavalry. Some of the scholars specify that race competition can only be done with horses, while Àtaa’ permitted

holding race competitions with anything. The scholars are also agreed regarding the permissibility of giving financial

compensation with the condition that the one paying is not among those involved in the race, like the Imam, and as long

as his horse is not among those competing. Ibn at-Teen said he would arrange horse races for expensive robes from

Yemen. He would give the racer who came first three robes. The second one he would give two robes. The one in third

place would get a single robe. The fourth place runner would be given a gold coin. The fifth place runner would get a

silver coin. The sixth place runner would be given a piece of silver. He would also say: “May Allah give you baraka

and to all of you; to the winner and the one in last place.” The meaning of his words, may Allah be pleased with him:

“…amongst the horses that had been made lean”; is that making a horse lean withholding its nourishment after it has

become fat, as we mentioned. These horses made lean in this manner are those normally used for racing. The horse of

the Prophet, may Allah bless him and grant him peace was among these breed of horses and its name was as-Sakab

which had a white blaze on its lower right leg. It was the first horse that the Prophet, may Allah bless him and grant him

peace owned, and it was the first horse upon which he made military raids. He purchased it from a Bedouin from the

Banu Fazara for ten awaaq (400 silver coins). The Bedouin originally named it ad-Darus, but the Messenger of Allah,

may Allah bless him and grant him peace renamed it as-Sakab. It was the first horse he used to race upon with which he

would win and was extremely happy with it. The meaning of his words, may Allah be pleased with him: “…letting them

start from Al-Hafya'”; is that he let them start from a place located some miles just outside of al-Medina. The meaning

of his words, may Allah be pleased with him: “…and their limit”; is that the furthest limit of their race. The meaning of

his words, may Allah be pleased with him: “…was up to Thaniyat al-Wada`”; is a place with al-Medina called that

because it was just on the outskirts of al-Medina and was the place where those escorting those traveling from the city

would bid farewell (tawdee`). The distance between al-Hafya and Thaniyat al-Wada` is about five, six or seven miles.

The meaning of his words, may Allah be pleased with him: “I asked Musa”; that is a reference to Musa ibn Ùqba. The

meaning of his words, may Allah be pleased with him: “What was the distance between the two places?’; that is to say

between al-Hafya and the place for farewell greetings. The meaning of the words of Musa, may Allah be pleased with

him: “Six or seven miles”; that is between al-Hafya and the place for farewell greetings were six to seven miles. The

meaning of his words, may Allah be pleased with him: “He arranged a race of the horses which had not been made lean

sending them from Thaniyat-al-Wada'”; that is to say the place of the farewell greetings just on the outskirts of al-

Medina. The meaning of his words, may Allah be pleased with him: “…and their limit was up to the masjid of the Bani

Zurayq”; which is a from the place of the farewell greetings until the Masjid of the Banu Zurayq, who are a people from

among the al-Ansaar. Their origin was from Zurayq ibn Àamir ibn Haaritha ibn Ghadab ibn Jashim ibn al-Khazraj. In

this statement is evidence for the permissibility for attributing the name of a masjid to the one who constructed it, and to

those who pray in it. The meaning of the words of Ibn Umar, may Allah be pleased with him: “What was the distance

On What Has Been Related Regarding Weapons457

It has been related in the Saheeh of al-Bukhari on the authority of Umar, may Allah bless

him and grant him peace who said: “The wealth of the Banu’n-Nadir was apart of the tribute of

Allah to His Messenger, may Allah bless him and grant him peace. When the Muslims were not in

distress for horses and mounts, then this tribute went to the Messenger of Allah, may Allah bless

him and grant him peace, exclusively. He used to expend it by first buying provision for his family

for a year and he would then customarily make the remainder for weapons and mounts in

preparation in the Way of Allah.”458

between those two places?”; is what was the distance between the place of the farewell greetings and the Masjid of the

Banu Zurayq? The meaning of the words of Musa, may Allah be pleased with him: “One mile or so”; is that the distance

between the place of the farewell greetings and the Masjid of the Banu Zurayq was a mile or so, meaning it was a little

less than or greater than a mile. In this statement is the legal proof for the lawfulness of horse racing and that it is not

considered by the shari`a as a vain frivolity. On the contrary, it is among the praiseworthy exercises and disciplines

connected to the acquisition of the objectives of military exercise, and there are other advantages in taking care of

general needs. Thus, it falls within the realm of being highly recommended and permissibility based upon the incentives

being intended. Based upon this some of the jurists make horse racing a confirmed Sunna, while some make it an action

which is simply permissible. Al-Qurtubi said: “There is no disagreement regarding the permissibility of horse racing, or

other beast of burden; or by extension foot races. This is the same with arranging competition in the shooting of arrows,

and competitions in the use of weapons, due to what is in these competitions of training for war.” This is decisive

evidence that the practice of all forms of martial arts is apart of the Sunna of the Prophet, may Allah bless him and grant

him peace. 457 That is to say that he cites in this section what has been related regarding the prophetic traditions concering weapons

and the remainder of the instruments of war, like the sword, the dagger, the lance, the bow and arrow, long arrows, the

shield, armor, helmets, stallions and other then these. For the word weapon (silaah) is a comprehensive noun referring

to all instruments of war, and can be rendered both mascaline and feminine in Arabic. Some of the linguists specify that

this term refers to those weapons made of iron. However, the majority of the linguists include the long and short staff among weapons because they too can be used to defend oneself. However, when the term weapon (silaah) is used

unrestrictedly it refers to the sword, because it is considered the ‘mother of all weapons’. There is disagreement

regarding which of the weapons are superior. It is said that the lance or spear is superior from one perspective. It is said

that the the arrow (or markmanship) is superior from one perspective. It is said that the sword is superior from one

perspective, and it is this view that I hold to. We will cite what is mentioned regarding the superiority of each in what is

to follow, Allah willing. 458 The meaning of his words, may Allah be pleased with him: “The wealth of the Banu’n-Nadir”; is that the Banu’n-

Nadir and the Banu Quraydha were two ethnic subdivisions of the the Jews of the Banu Isra’il. The wealth of the

Banu’n-Nadir refered to here, is what became the tribute of Allah after the war between them and the Muslims took

place in the year 4 A.H. about six months after the Battle of Badr. It was related in a narration related in the Kitaab’s-

Sunna on the authority of Ibn Umar who said: “War was made against the an-Nadir, and then the Quraydha and those

under their charge supported them until war was eventually established against the Banu’n-Nadir. Thus, their men were

killed, and their women, chidren and wealth were divided between the Muslims, with the exception of those among

them who had aligned themselves with the Prophet, may Allah bless him and grant him peace and he protected them.

They eventually accepted Islam. They included the most preeminent of all the Jews of al-Medina, such as the Banu

Qaynqaai` who were the kinfolk of Abdallah ibn Salaam, the Jews of the Banu Haaritha, and the remainder of the Jews

of al-Medina.” The meaning of his words, may Allah be pleased with him: “…was apart of the tribute of Allah to His

Messenger, may Allah bless him and grant him peace”; is that which was taken to expend for his family from their

wealth, as well as that of Fidak. The remainder he expended for the general welfare of the Muslims, as it will be

explained. Then this wealth Abu Bakr took control over it; then Umar did the same. When this wealth was placed under

the authority of Uthman, his own personal wealth made him dispense with using any of it. However, it was allotted to

Marwan and others from his close relatives. This wealth remained in their hands until Umar ibn Abd’l-Aziz, may Allah

be merciful to him, had it restored back to the its rightful people, that is the descendents of the Prophet, may Allah bless

him and grant him. The origin of the phrase ‘fay’ (tribute) is what the Muslims obtain from the wealth of the

disbelievers without conducting war or jihaad. The meaning of his words, may Allah be pleased with him: “When the

Muslims were not in distress”; is when there was no expedient need, or demand, which means when war was not

eminent. The etymology of the phrase ‘distress’ (yujaf) is from ‘eejaaf’ (immediacy) and is an expediate need to

In it also459 on the authority of Àmr ibn al-Haarith,460 who said: “The Prophet, may Allah

bless him and grant him peace, did not leave behind anything except his weapons, his white female

mule, and some land and he made it as alms.”461

advance forward in accomplishing something. Thus, a person is distressed by something when there is a requirement for

him to advance forward in accomplishing that thing. The meaning of his words, may Allah be pleased with him: “…for

horses and mounts”; where the phrase ‘mounts’ refers to camels which carries the needs of the people. The meaning of

his words, may Allah be pleased with him: “…then this tribute went to the Messenger of Allah, may Allah bless him

and grant him peace, exclusively”; is that the wealth of the Banu ‘n-Nadir was singled out for the Messenger of Allah,

may Allah bless him and grant him peace exclusively, and no one else shared with him in that. Umar once said: “Indeed

Allah jall wa àzza specified His Messenger, may Allah bless him and grant him peace with an exclusive right which He

did not single out to anyone else. Allah taàla says: ‘That which Allah gives as tribute to His Messenger from the people

of the townships’.” The meaning of his words, may Allah be pleased with him: “He used to expend it by first buying

provision for his family”; this refers to his women and daughters. The meaning of his words, may Allah be pleased with

him: “…for a year”; is as as-Suyuti said: “This does not contradict the narrations that he did not store anything for

tomorrow, because this storing is usually done for oneself, while this was done for others.” An-Nawwawi said: “In this

prophetic tradition establishes the permissibility of storing up foodstuff and supplies for one’s dependents, as well as

purchasing supplies from the markets and storing it up for the livelihood of relatives. However, in times of the limitation

of food, then it is not permissible to buy up and store food. Rather, supplies should be purchased for the general purpose

of the Muslims, like the nourishments necessary for days or months. Even if in the time of purchasing the limit in

foodstuff and supplies last for a year or more. al-Qadi Ìyad narrated a similar judgment detailing the legal ruling from

the majority of the scholars, while from some he narrated that this was absolutely permissible.” The meaning of his

words, may Allah be pleased with him: “…and he would then customarily expend the remainder for weapons and

mounts”; where the phrase ‘mounts’ is a noun used for the plural of horses, as it was clarified in the an-Nihaaya. The

meaning of his words, may Allah be pleased with him: “…in preparation”; is preparedness and those weapons and the

like which gives precaution against any adverse events which could happen in the course of time. The meaning of his

words, may Allah be pleased with him: “…in the Way of Allah”; is during warfare, military engagements and jihaad all

in the Way of Allah. the scholars disagree regarding the expenditure of the tribute (fay). Malik said: “The tribute and the

fifth are the same in that they are to be placed in the public treasury (bayt’l-maal) and the Imam is to give it to the

nearest of kin to the Prophet, may Allah bless him and grant him peace, based upon his own independent judgment.”

The majority of the jurists make a distinction between the fifth of the spoils of war (khums’l-ghaneema) and the tribute

(fay). Some of them say: “The fifth its ruling is that Allah taàla has designated to be among the categories of the wealth

of the Muslims based upon the Qur’anic verse regarding the fifth in the Chapter al-Anfaal, and it is not to be expended

to anyone else.” As for the tribute it is the wealth which falls under the purview of the Imam in accordance with the

public interest; and they offer as argument what Umar said regarding it that it was the exclusive right of the Messenger

of Allah, may Allah bless him and grant him peace.” As-Shafi` distinguished himself from the other jurists, as Ibn al-

Mundhir and others cited, by his view that the tribute (fay) is to be divided in five fifths, and four fifths is for the

expenditure of the Prophet, may Allah bless him and grant him peace; while the fifth part of the fifth is for him

personally, similar to the spoils of war, and that the remaining four fifths is just like its counterpart from the spoils of

war. 459 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding Weapons. 460 He was Àmr ibn al-Haarith ibn Abi Dirar al-Mustalaq ibn Àa’idh ibn Malik ibn Khuzayma al-Mustalaqi al-

Khazaaìy, the brother-n-law of the Messenger of Allah, may Allah bless him and grant him peace, and the brother of

Juwayriyya bint al-Haarith, the wife of the Prophet, may Allah bless him and grant him peace. 461 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

did not leave behind”; after his death The meaning of his words, may Allah be pleased with him: “…anything except his

weapons”; where the letter seen in ‘weapon’ (silaah) is inflected with kasra, and specifically refers to the kinds of

weapons that can be carried like the sword, the lance, armor, helmet, the spear and others like them from the

instruments of jihaad. It is well known that he, upon him be blessings and peace left behind his staff, sword, ring and he

left his armor as payment for security on a loan from a Jew. The meaning of his words, may Allah be pleased with him:

“…his white female mule”; is the kind specific for riding like the horse, camel and others. The meaning of his words,

may Allah be pleased with him: “…and some land”; and refers to half of the land of Fidak, a third of the land of Wadi’l-

Qura, a portion of the land of Khaybar and a segment of the land of the Banu’n-Nadir. The meaning of his words, may

Allah be pleased with him: “…and he made it as alms”; is that in the apparent expression the pronoun refers back to the

earth. Thus, the meaning can imply that he gave as alms the benefit of the land, where the judgment of the land took on

On What Has Been Related Regarding Motivating While Shooting Arrows462

It has been related in the Saheeh of al-Bukhari on the authority of Salma ibn al-Akwai`, may

Allah be pleased with him,463 that he said: “The Prophet, may Allah bless him and grant him peace,

the judgment of any charitable endowment. However, the correct view is that the pronoun refers back to all three things

which the Messenger of Allah, may Allah bless him and grant him peace left behind. This is based upon his words,

upon him be peace: “We are the relatives of the Prophets and we are not inherited from. What we leave behind is

considered charity.” This is corroborated by what was related by al-Bukhari in another narration on the authority of

Àmr ibn al-Haarith that he said: “The Messenger of Allah, may Allah bless him and grant him peace did not leave at

his death a single golden or silver coin, nor male or female slave, or anything, except his white female mule, his weapon

and some land all which he made as alms.” He did this following the words of Allah taàla: “…and expend what We

have provided for you before death comes to anyone of you, and he says: ‘My Lord if only You would postpone me for a

little while, then I could give alms and be among the righyeous’.” Al-Muhallab said: “The people during the time of

Jaahiliyya when one of their rulers or leaders died, they took a covenant to break his weapons, burn his personal

property, and retire his riding mount. Thus, the Messenger of Allah, may Allah bless him and grant him peace acted

contrary to this and left his female mule, weapon and land without any covenant entrusting it to anynone, but he left as

alms in the Way of Allah.” In this prophetic tradition establishes the austerity of the Messenger of Allah, may Allah

bless him and grant him peace and his yearning for the Hereafter. In it also is the establishment that the taking up of

arms is a Sunna. It establishes that the bearing of arms is a fundamental right, like the right to life and the right to free

speech with its conditions. From this we can realize that in this regard the principle of the right of citizens to bear arms

in the Constitution of the United States of America and other nations is a principle which conforms with the principles

of the Sunna. It is for this reason that the Shehu, may Allah be merciful to him said at the time that the numbers of the

Jamaàt increased and they sought to separate themselves from the disbelievers: “Verily the preparation of weapons is a

Sunna.” Then the Jamaàt began to collect and make weapons ready, and supplicated Allah by means of the baraka of

Shaykh Abd’l-Qaadir al-Jaylaani, may Allah taàla be pleased with him that He would manifest the sovereignty of Islam

for them the in the lands of the Blacks,. And this occurred just as they desired it from Allah taàla and to Allah is the

praise. 462 The etymological root of the phrase ‘tahreed’ (prompting) is from the verb ‘harrada’ (to instigate), meaning to

incite to do something. Thus, the meaning of prompting is to incite humans, trying to motivate them to perform

something, that is to say, exhorting or inciting them to perform an act which is normally difficult. The prompting to

fight, means instigating and inciting an appetite for fighting. Allah taàla says: “O Prophet, incite the believers to fight.”

The meaning of the expression ‘prompting’ here is motivating the people to attain perfection in marksmanship. He

mentioned marksmanship regarding the shooting of arrows specifically, because Allah commanded this by His words:

“…and make preparation for them, in what you are able from strength.” The Messenger of Allah, may Allah bless him

and grant him peace explained the meaning of ‘strength’ mentioned in the Qur’anic verse by his words as it was related

by Ahmad, Abu Dawud and Ibn Maja on the authority of Ùqba ibn Àamir: “Is it not so, that indeed strength is in the

shooting of arrows (marksmanship)! Is it not so, that indeed strength is in the shooting of arrows! Is it not so, that

indeed strength is in the shooting of arrows!” In the narration of at-Tirmidhi it is added: “Is it not so, that Allah will

open for you all the earth! And you will be provided for with abundant provision. Therefore, none of you should fail to

practice marksmanship with his arrows.” It has also been related by at-Tirmidhi on the authority of Abu Najeeh who

said that the Prophet, may Allah bless him and grant him peace once said: “Whoever shoots his arrows in the Way of

Allah will have the reward equal to one who manumits slaves.” It has been related by Ahmad and at-Tirmidhi on the

authority of Ùqba ibn Àamir who said that the Messenger of Allah, may Allah bless him and grant him peace said:

“Practice marksmanship and horsemanship. However, your practicing marksmanship is more beloved to me than your

practicing horsemanship. Every form of entertainment that a man does is false vanity, except a man practicing

marksmanship with his bow, or training his stallion, or having a good time with his woman. All of these forms of

entertainment are from the Real. Whoever abandons marksmanship after having learned it, has actually rejected a

blessing.” Ad-Dhahabi cited another prophetic tradition which is mursal on the authority of Yahya ibn Saìd: “Whoever

learns to shoot arrows well, then abandons it, has rejected a blessing from among blessings.” 463 He was Abu Àamir, some say, Abu Muslim, Salma ibn al-Akwai` Sinaan ibn Abdallah al-Aslami al-Hijaazi al-

Medini. He was from among the people who gave the Oath of Fealty. He was present in seven military engagements

alongside the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace

said: “The best of our cavalry knights is Abu Qatada, and the best of our foot-soldier is Salma.” He transmitted a

number of prophetic traditions from the Prophet, may Allah bless him and grant him peace. Those who transmitted from

him were his son Iyaas, his freedman Yazid ibn Abu Ùbayd, Abd’r-Rahman ibn Abdallah ibn Ka`b, Abu Salma ibn

once passed by some of the Aslam who were competing with one another. The Prophet, may Allah

bless him and grant him peace, said: ‘Shoot O Banu Isma’il! For verily your ancestor was an archer!

And I am with the clan of so-and-so!” Then one of the groups withdrew and stopped shooting. The

Messenger of Allah, may Allah bless him and grant him peace, said: “What is wrong with you that

you are not shooting?” They said: “How can we shoot, when you are with them?!” The Prophet,

may Allah bless him and grant him peace, said: “Shoot! for I am with all of you’!”464

Abd’r-Rahman, al-Hassan ibn Muhammad ibn al-Hanafiyya, and Yazid ibn Khusayqa. Al-Hassan ibn Muhammad ibn

al-Hanafiyya once said: “Travel with us to visit Salma ibn al-Akwai`, and lets question him, because he is from among

the most righteous in standing of the Companions of the Prophet, may Allah bless him and grant him peace.” Al-

Humaydi related on the authority of Iyaas ibn Salma on the authority of his father who said: “The Messenger of Allah,

may Allah bless him and grant him peace repeatedly allowed me to ride behind him on his mount. He repeatedly wiped

my head, and he repeatedly asked forgiveness for me, to the number of the fingers on my two hands.” He also said that

he once asked permission from the Prophet, may Allah bless him and grant him peace to reside in the deserts and he

gave him permission to do so. Thus, when Uthman was assassinated, Salma left al-Medina for the desert town of ar-

Rabada, where he married a woman there and had children. Muslim related on the authority of Abd’r-Rahman ibn

Razeen who said: “We once visited Salma ibn al-Akwai` in ar-Rabada. When he came out to us, he extended his hand

which was huge as if were the sole of a camel. He then said: ‘With this ugly hand of mine I made the oath of allegiance

to the Messenger of Allah, may Allah bless him and grant him peace.’ We then stood took his hand and kissed it.” Some

nights before Salma died he moved back to al-Medina. He died in the year 74 A.H. when he was ninety something years

old. 464 The meaning of his words, may Allah be pleased with him: “The Prophet, may Allah bless him and grant him peace,

once passed by some of the Aslam”; that is to say, some of the people of the Banu Aslam, which were a well known

tribe. The meaning of his words, may Allah be pleased with him: “…who were competing with one another”; is that

they were competing in marksmanship with one another. The expression ‘competing’ (tanaadil) here means joint

markmanship in order to gain precedence over one another and to vie with one another constructively. Thus, a person

defeats (nadala) another person when he overcomes him. It has been related in a narration of Abu al-Àliya on the

authority of Ibn Abass who said: “The Prophet passed by a group practicing marksmanship…” In the narration of Ibn

Hibban on the authority of Abu Hurayra who said: “The Prophet came out one day and the Aslam were practicing

marksmanship…” The meaning of his words, upon him be blessings and peace: “Shoot Banu Isma’il!”; is O Banu

Ismaìl, where those being addressed are the Arabs. This does not constitute evidence that they were from the paternal

children of Ismaìl, but rather, this was used to indicate that they were from the maternal children of Ismaìl. This is

because the Qahtani Arabs and Àdnani Arabs eventually intermixed through marriage. For the Qahtani Arabs are

originally from the maternal descent of the Banu Ismaìl. Ibn Sa`d mentioned with his chain of authority going back to

Ali ibn Ribaah who said that the Messenger of Allah, may Allah bless him and grant him peace said: “Every Arab is

from the children of Ismaìl ibn Ibrahim, upon them be blessings and peace.” The meaning of his words, upon him be

blessings and peace: “For verily your ancestor was an archer!”; is that Ismaìl ibn Ibrahim, upon him be peace was an

excellent archer. In this is proof of it being highly recommended to adhere to the praiseworthy traits of one’s exemplary

ancestors. In this also is the evidence of the superiority of marksmanship with arrows and utilizing them. It has been

related by Abu Nuàym on the authority of Ibn Àmr who said that the Messenger of Allah, may Allah bless him and

grant him peace said: “Learn marksmanship with arrows and learn the Qur’an. And the best hours of a believer is when

he is preoccupied with the remembrance of Allah azza wa jalla.” In another of his narrations on the authority of Abu

Hurayra who said that the Messenger of Allah, may Allah bless him and grant him peace once said: “Learn

marksmanship with arrows, for between two targets exists a meadow from the meadows of Paradise.” It has been

related by al-Hakim on the authority of Abu Raafi` who said that the Messenger of Allah, may Allah bless him and

grant him peace said: “The right which a child has on its father, is that he teaches him writing, swimming,

marksmanship with arrows, and that he does not provide for it except with what is good and lawful.” The meaning of

his words, upon him be blessings and peace: “Shoot! For I am with the clan of so-and-so!”; is that I love them and their

actions. It was related in the prophetic tradition of Abu Hurayra in a similar narrative related by Ibn Hibban and al-

Bizari that he upon him be peace said: “I am with Ibn al-Adrai`.” In the narration of at-Tabarani he upon him be peace

said: “And I am with Muhjan ibn al-Adrai`.” This means: I am with him in his righteous intention. The meaning of

‘with-ness’ in this context is that he was with them in their good objective, righteous intention and desire to train for the

purpose of fighting; not that his objective was to consider one group superior to another. However, some of the jurists

say that in this is evidence of the permissibility of a person clearly pointing out the superiority of his brothers, wives,

the people of distinction who he loves. The meaning of his words, may Allah be pleased with him: “Then one of the

groups withdrew and stopped shooting”; is in accordance with another narration that one of the members of one of the

competing groups whose name was Nadla from the Banu Aslam, that when the Prophet, may Allah bless him and grant

him peace said what he said; that he then threw the bow from his hand. He did this, and the others stopped shooting, out

of fear of failure because they assumed that the Messenger of Allah, may Allah bless him and grant him peace being

with a particular people meant that they would undoubtedly succeed while their rivals would fail. The meaning of his

words, upon him be blessings and peace: “What is wrong with you that you are not shooting?”; that is to say, why have

you withheld your hands from shooting? This question is evidence that he only desired good for all of them. The

meaning of their words, may Allah be pleased with them: “How can we shoot, when you are with them?!”; is that the

particular name of the one who said that was Nadla al-Aslami, as Ibn Is’haq cited in his al-Maghazi on the authority of

Sufyan ibn Farwa al-Aslami on the authority of some of the elders from his people from the Companions, who said:

“Once Muhjan ibn al-Adrai` was among us competing with another man from the Aslam named Nadla”; they then cited

the prophetic tradition and said: “Nadla then said while he threw his bow from his hands: ‘By Allah! I will not shoot

against him, while you are with him’!” He said this fearing that he would defeat them, because if the Prophet, may

Allah bless him and grant him peace is with someone, then he will win. Thus, they all withdrew from shooting out or

courtesy with the Prophet, may Allah bless him and grant him peace, as it was related in the narration of Hamza ibn

`Amr by at-Tabarani: “They then said: ‘Whoever you are with, they will definitely win’!” The meaning of his words,

may Allah be pleased with him: “Then the Prophet, may Allah bless him and grant him peace, said”; that is, after they

explained the reason for withdrawing their hands from shooting. The meaning of his words, upon him be blessings and

peace: ‘Shoot! for I am with all of you’!”; is in accordance with the narration of `Urwa that he said: “…for I am with

your entire gathering!”; where the ‘with-ness’ in this context is that he was with them in their good objectives. By this

he was able to teach all of them that they were apart of his faction and among those whom he loved. In this prophetic

tradition is proof of the merits of marksmanship, constructive competition, and taking care in these with the intention of

training for the jihaad, military exercise, and the disciplining of the limbs for such. From this we understand that having

competition in marksmanship is not a sort of empty entertainment and pointless amusement, eventhough it may seem

so; but is the kind of entertainment and amusement which is permissible. This is in accordance with was related by ad-

Daylami on the authority of Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace once

missed a man and said: “Where is so-and-so?” A person said: “He went to play.” Then the Messenger of Allah, may

Allah bless him and grant him peace said: “What do we have to do with playing?” Then a man said: “O Messenger of

Allah, he went to practice shooting arrows.” Then the Messenger of Allah, may Allah bless him and grant him peace

said: “Practicing shooting arrows is not empty amusement; for marksmanship is the best entertainment that you can do.”

Al-Qurab cited on the authority of Abu ad-Darda who said that the Messenger of Allah, may Allah bless him and grant

him peace once said: “Genuine entertainment is in three things: disciplining your horse; shooting arrows with your bow;

and making pleasantries with your wife.” Al-Muhlab said: “It is obligatory upon the Sultan to command his men to

learn marksmanship and the remainder of the aspects of the art of war, and to incite them to it.” Rather, some of the

jurists say that it is obligatory upon the Sultan himself to learn the affairs of the art of war and fighting. In it also is

established the evidence that an ancient or distant grandfather can be called ‘father’. In it also is the excellent character

of the Chosen Prophet, may Allah bless him and grant him peace, and his innate knowledge of the art of war. In it also

is the proof that it is highly recommended to follow in the footsteps of the praiseworthy virtues of one’s fathers, and to

act in accordance with their actions. It also establishes the excellent courtesy which the Companions demonstrated with

the Prophet, may Allah bless him and grant him peace. Finally, this prophetic tradition establishes that practicing the art

of shooting arrows and every other type of marksmanship is from the Sunna.

In it also465 on the authority of Hamza ibn Usayd466 on the authority of his father,467 that the

Messenger of Allah, may Allah bless him and grant him peace, said on the Day of Badr when he

had arranged us in ranks468 against the Quraysh and they had lined themselves up against us: “When

they approach, then shoot them with arrows.”469

465 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Motivating While Shooting with Arrows

or other than that. 466 He was Hamza ibn Abu Usayd Malik ibn Rabia` ibn al-Badan as-Saaìdi. 467 He was Abu Usayd Malik ibn Rabia` ibn al-Badan as-Saaìdi al-Khazraji. He was among the most notable of the

Ansaars, who was present at Badr and many other military engagements. Ibn Saìd said: “On the day of the Conquering

of Mecca, the standard of the Banu Saaìda was with Abu Usayd.” He was short, pudgy, with hair and beard fully white,

and he had a copious amont of hair. He transmited many prophetic traditions from the Prophet, may Allah bless him and

grant him peace. It was said that he lost he eyesight during his final years just before the killing of Uthman ibnÀfan,

about which he said: “All praises are due to Allah that when He desired to afflict His servants with tribulations that He

prevented my eyes from seeing it.” Those who narrated prophetic traditions from him were his sons: the above

mentioned Hamza, al-Mundhir, and az-Zubayr; his freedman Ali ibn Ùbayd as-Saaìdi, Abass ibn Sahl ibn Sa`d, Abd’l-

Malik ibn Saìd, Anas ibn Malik, Abu Salma ibn Abd’r-Rahman, and a host of others. It is said that he lived for seventy

eight years and died in the year 65 A.H., may Allah be pleased with him. 468 Here ends facsimile 46 of the Arabic manuscript. 469 The meaning of his words, may Allah be pleased with him: “…the Messenger of Allah, may Allah bless him and

grant him peace, said on the Day of Badr”; this is the day about which Allah taàla says: “the Day of the Criterion, the

Day of the encounter of the two opposing parties.” The name ‘Badr’ refers to a well known place located between the

two Sacred Precincts. It was named ‘Badr’ originally because it was a well in that location dug up by a man named Badr

ibn Quraysh. The meaning of his words, may Allah be pleased with him: “…when he had arranged us in ranks against

the Quraysh”; is that he upon him be blessings and peace said it at the time that he arranged the ranks of the army of the

Muslims against the army of the Quraysh. It has been related in another text of this tradition: “…when we approached

the place he arranged us in ranks…”. Thus, the meaning is to be close to them, and to draw near them, as if the Quraysh

were the ones in a lower position then the Muslims. The meaning of his words, may Allah be pleased with him: “…and

they had lined themselves up against us”; is that the Quraysh in turn arranged themselves in rank against the Muslims.

The meaning of his words, upon him be blessings and peace: “When they approach”; is when they draw close to you a

distance sufficient to shoot your arrows, and when they come close to you the distance related to shooting arrows. The

meaning of his words, upon him be blessings and peace: “…then shoot them with arrows”; that is to say, it is necessary

for you to stick to it. The expression ‘nabl’ (arrows) is the plural of ‘nabla’ which is another name for the thin Arabic

arrow (sihaam). It has been related in the narration of Abu Dawud: “The Messenger of Allah said when arrancged us in

ranks on the day of Badr: ‘When they attack you shoot them with arrows and continue to shoot your arrows’.” In

another narration: “When they approach then shoot them with your arrows, and do not unsheathe your swords until they

are close enough to attack you.” Thus, the meaning is when they come close to you then shoot, but this becomes

problematic since closeness presents a challenge for shooting arrows and striking with the swords, for that which is

connected to marksmanship is being far from the targets. Thus, when the army utilizes arrows, they should shoot all

together, in such case few misses will occur, and this will act as a deterent to the enemies attacking. Thus, the apparent

meaning of the prophetic tradition is a command to avoid shooting arrows or actual combat until the enemy approaches,

because shooting at them when they are too far away, then the arrows will not reach the targets, and ammunition will be

waisted without any advantage. What can be extracted from his words: “…then shoot them with arrows”; is that making

preparation with weapons is obligatory or a confirmed Sunna following the words of Allah taàla: “…and make

preparation for them, in what you are able from strength and the binding of horses.”

In it also470 on the authority of Ali, may Allah be pleased with him,471 who said: “I never

saw the Prophet, may Allah bless him and grant him peace, declare a sacrifice to a man after he did

it for Sa`d. I heard him say: “Shoot! I ransom my father and mother for you!”472

470 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Motivating While Shooting with Arrows

or other than that. 471 That is Ali ibn Abi Talib, may Allah taàla be pleased with him. See footnote # 235 for an abridgement of his

biography. 472 The meaning of his words, may Allah be pleased with him: “I never saw the Prophet, may Allah bless him and grant

him peace, give as ransom to a man”; is a reference to the expression ‘ransom’ (fidaa’) and means to give oneself as

ransom, like when you say: ‘I have given myself as ransom for you.’ Al-Khataabi said: “The giving as ransom which

the Messenger of Allah did was his making supplication for a person, and his supplications are innately answered.” The

meaning of his words, may Allah be pleased with him: “…after he did it for Sa`d”; that is, Sa`d ibn Abi Waqqas, one of

the ten people giving the good news of Paradise. It is conceivable that the meaning of his words: “I never saw the

Prophet, may Allah bless him and grant him peace, give as ransom to a man”; is that this action was specified for Sa`d

only, as al-Muhallab cited. However, this was not the case because it had been related in the two Saheehs that he upon

him be blessings and peace did the same for az-Zubayr for example; but Ali, may Allah be pleased with him had not

heard this. The meaning of his words, may Allah be pleased with him: “…also I heard him say”; is that he heard this

from him on the day of of the Battle of Uhud as it was related by more than one narrator on the authority of Saìd ibn al-

Musayyib on the authority of Sa`d ibn Abi Waqqas who said: “The Messenger of Allah, may Allah bless him and grant

him peace joined for me his two parents in ransom on the day of Uhud. He said…”; to the end of the prophetic tradition.

The meaning of his words, upon him be blessings and peace: ‘Shoot! I ransom my father and mother for you’!”; that is

to say, I make as a ransom of my father and mother, which are the dearest of things to me. In the narration of Tirmidhi

on the authority of Saìd ibn al-Musayyib on the authority of Ali who said: “I never heard the Prophet, may Allah bless

him and grant him peace gather together his two parents in ransom for anyone except for Sa`d ibn Abi Waqqas.” In this

ransoming indicates the immensity of the standing of Sa`d with him, the esteem he had of his knowledge, and the regard

which he had for his affair. This is because a person only ransoms that which he considers immense, thus he is willing

to exchange himself, or the dearest of his own family members for him. In this prophetic tradition is evidence of the

permissibility in the sharià of a men ransoming to another man his parents and himself. In another narration: “Shoot O

Sa`d! I ransom for you my father and mother!” These words were subtle indications and signs of the immense love that

he had for him and indicates his high status with him. Further, in this prophetic tradition is evidence for the

pemissibility of giving motivation during marksmanship, shooting arrows and other than this. Rather, I say that

motivating them during times of combat is an obligation, because it is emboldering of the hearts of the mujaahiduun

With the emboldering their hearts it incites them in establishing the jihaad; with the establishment of the jihaad the

word of Allah is exalted in His earth. Based upon the principle that an obligation which cannot be completed except by

a factor, then that factor also becomes obligatory, and Allah knows best.

On What Has Been Related Regarding Making Entertainment With the Instruments of War

Like the Sword and the Shield It has been related in the Saheeh of al-Bukhari on the authority of Abu Hurayra, may Allah

be pleased with him: “We were present when some Abyssinians were making entertainment in the

presence of the Prophet, may Allah bless him and grant him peace, with their lances when Umar

entered. He (Umar) then reached for some pebbles and began to stone them with them. He, may

Allah bless him and grant him peace, said: “Let them alone O Umar!”473

473 The meaning of the words of Abu Hurayra, may Allah be pleased with him: “We were present when some

Abyssinians”; it is said that this cognomen is a reference to the descendents of Habash ibn Kuush ibn Haam ibn Nuuh,

who are the traditional neighbors to the people of Yemen, and are only cut off from them by the Red Sea. Historically,

the Abyssinians conquered Yemen before the time of Islam and took sovereignty over its land. Also Abraha made the

well known military engagement from their kingdom against the Kaàba and its people accompanied with his elephants,

and were known as ‘the Companions of the Elephant’. This event occured in the year in which our master Muhammad,

may Allah bless him and grant him peace was born. Allah taàla says about them: “Have you not seen how your Lord

dealt with the Companions of the Elephants? Did He not bring their stratagem to nil; and sent against them swarms of

flying creatures, which pelted them with stones of baked clay; and made them like green crops devoured.” This is

evidence that the lands of Yemen and parts of the lands south of the Hijaz were under the sovereignty of Abyssinia until

the event of the Elephant. Ibn Hajr al-Àsqalaani said: “The kingdom of Abyssinia lies in the direction of the west of the

land of Yemen, and its distance is extremely vaste, and they are divided into many ethnic types. All of the divisions of

the Blacks fall under the sovereignty of the ruler of Abyssinia.” This statement is proof that any mention of the name

Abyssinia in the prophetic traditions is a designation for all Blacks in general. The meaning of his words, may Allah be

pleased with him: “…were making entertainment”; is that the entertainment of the Abyssinians with their lances, was

actually their convention and custom by which they trained in the art of war; and this should not be assumed that they

were performing some kind of dancing for amusement. It was called ‘entertainment’ (la`b) although it was primarily a

form of practice in martial arts, and it was performed with gravity although it resembled entertainment, because of what

was in it of mock jabbing and stabbing, eventhough this was not actually done. And those participating would give the

false impression that the fighting was real, even when they were fathers and sons; and Allah knows best. In this is

evidence for it being highly recommended to train and practice in boxing, swordsmanship and other than these from the

sciences of martial arts. The meaning of his words, may Allah be pleased with him: “…in the presence of the Prophet,

may Allah bless him and grant him peace, with their lances”; is intrinsically connected to the reality that this practice

was their custom during every Èid celebration. It also indicates that this was an authorization that they were

accustomed to with the advent of the Èid. There was no contradiction between their actions and the religion in that their

arrival to perform coincided with the day of the Èid. This is because it was among their custom prior to Islam to

entertain themselves in this fashion during all their festivals. Thus, they did that as a convention, and then eventually

they made this form of entertainment on the day of every Èid. This was corroborated by what was related by Abu

Dawud on the authority of Anas who said: “When the Prophet, may Allah bless him and grant him peace arrived in al-

Medina the Abyssinians made entertainment out of joy for that by making amusement with their lances.” The meaning

of his words, may Allah be pleased with him: “…when Umar entered”; is based upon what Ibn at-Teen said: “It is

conceivable that Umar did not actually see the Messenger of Allah, may Allah bless him and grant him peace, and was

not aware that he was actually observing them. Or perhaps he assumed that he saw them but was too modest to prevent

them from doing it.” The meaning of his words, may Allah be pleased with him: “He (Umar) then reached”; is that he

made the obvious objective with his hands for reaching for the stones. The meaning of his words, may Allah be pleased

with him: “…for some pebbles”; is that the expression ‘hasaa’ (pebbles) is the plural of ‘hisaat’. The meaning of his

words, may Allah be pleased with him: “and began to stone them with them”; is that he threw the pebbles at them as an

objection to what they were doing. Umar did this based upon his own ‘ijtihaad’ (independent judgment) considering

that their behavior was not appropriate for the masjid, because it resembled the behavior of the words of Allah taàla:

“…and their prayer in the House is nothing but shouting and the clapping of hands.” Thus, Umar objected to their

making entertainment based upon the apparent meaning of the words of Allah taàla: “The life of this world in nothing

but entertainment and amusement, while the Abode of the Hereafter is better for those who are fearfully aware”;

assuming that the Prophet, may Allah bless him and grant him peace was unaware of what they were doing. Umar held

the view that making amusement and entertainment in any way was not appropriate for masaajid, because Allah taàla

says: “And the masaajid are solely for Allah.” And Allah knows best. The meaning of his words, upon him be blessings

and peace: “Let them alone O Umar!”; is leave them alone because their behavior is permitted or highly recommended,

In it also474 on the authority of Aìsha, may Allah be pleased with her who said: “On the day

of the Èid, the Blacks were playing with leather shields and lances.”475

and consistent with the Sunna. It is clear that Umar did know that when he was throwing the pebbles at them until it was

said to him: ‘Let them alone.’ This is evidence for the permissibility of the Companions making independent judgment

in the presence of the Messenger of Allah, may Allah bless him and grant him peace. What the Messenger of Allah,

may Allah bless him and grant him peace said to Umar was not an objection to his independent judgment, because he

upon him be peace once said: “When a jurist gives a judgment based upon his independent judgment and he gets it

correct, then he will have two rewards. And if he gives a judgment based upon his independent judgment and he makes

an error, then he will have a single reward.” Thus, with respect to giving ijtihaad every single mujtahid is correct in his

judgment. The silence of the Prophet, upon him be peace during the entertainment of the Abyssinians in the masjid is

evidence for its perimissibility according to the sharià. For this reason it states in the at-Tawdeeh: “The playing at

martial arts games is a Sunna because it is a preparation for encountering the enemies, and disciplining of the people for

that.” It should be noted that no mention was made in the prophetic tradition of singing and dancing. However, there are

many of those who are associated with the Sufiyya who utilize this prophetic tradition and the one regarding the two

Abyssinian girls singing as evidence for the permissibility for singing and dancing as a form of worship. It is sufficient

to refute them with the fact that entertainment of the Abyssinians was a form of exercise and training with shields and

lances, and this was a custom of theirs for recreation, and not a type of worship. The scholars differ regarding the

permissibility of singing. A large group from the people of the Hijaz allow it, which is based upon a narration on the

authority of Malik, however, Abu Hanifa and the people of Ìraq said that it was prohibited. The view of as-Shafi`

considered it reprehensible, which is also the most famous view of Malik. Those who consider singing permissible take

reliance on this prophetic tradition, while others refute them by citing that the kind of singing that the Abyssinians did

was that regarding bravery, fighting, adroitness in fighting and the like, which has no corruption in it. This is in contrast

to the kind of singing which comprises provoking the lower souls towards evil and inducing them to that which is false

and obscene. 474 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding Making Entertainment With the

Instruments of War, Like the Sword and the Shield. 475 The meaning of the words, of Aìsha may Allah be pleased with her: “On the day of the Èid, the Blacks were

playing”; is a reference to the Abyssinian. This is proof that the names Abyssinian and Blacks were interchangeable,

and that the name Abyssinian is a cognomen designating all Blacks, as we mentioned previously. They were playing in

the masjid as it was stated explicitly in the narration of az-Zuhri: “…and the Abyssinians were playing in the masjid.” In

the narration of Muàliqa it added: “…with their lances.” Muslim related from the narration of Hisham on the authority

of his father: “The Abysinnians came and began to play in the masjid”; in that it was their custom to do so during every

Èid, as we mentioned. In the narration of Ibn Hibban it stated: “When he arrived, the Abyssinians assembled and stood

and played in the masjid.” The meaning of her words, may Allah be pleased with her: “…with leather shields”; is that

‘the leather shield’ is among the instruments of war which are necessary for the people of this art to take up as a

defensive implement against the weapons of enemies. It is said that the leather shield is a type of shield made from

leather and contains wood without a stump at its end. It is well known that the Companions of the Prophet, may Allah

bless him and grant him peace used to utilize them for defensive purposes. The meaning of her words, may Allah be

pleased with her: “…and lances” is that the expression ‘hiraab’ is the plural of ‘harba’, which is a weapon shorter than

a spear, as Ibn al-Àrabi said: “The lance is not to be included among the types of spears.” This prophetic tradition gives

evidence of the permissibility of playing with weapons by way of exuberant movements for the purpose of practicing

for war and vitalizing oneself for it. Further, what can be extracted from it is the permissibility of fencing and

swordsmanship and what it comprises of training the hands in the art of war. The fact that Aìsha, may Allah be pleased

with her was the one who transmitted this prophetic tradition through eyewitnessing indicates the permissibility for

women observing the actions of strange men, eventhough it is reprehensible for them to gaze upon the their

attractiveness and taking pleasure from that, as Qadi Ìyad mentioned.

On What Has Been Related Regarding the Spears476

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Umar on the authority

of the Prophet, may Allah bless him and grant peace, said: “Allah has placed my daily provision

beneath the shade of my spear and He has placed humiliation and contempt upon those who oppose

my command.”477

476 That is to say, it is regarding the merits of taking up spears and utilizing them in jihaad and training and practicing

with them; for the use of the spear was among the instruments of the Prophet, may Allah bless him and grant him peace

that he utilized in war, and it was among the instruments utilized by the Companions, and it constitutes one of the most

important of the weapons of war, and the most noble of them in status. 477 The meaning of his words, upon him be blessings and peace: “Allah has placed my daily provision”; that is from the

fifth of the spoils of war, or it means that the daily provision of the Umma in general has been placed here. The meaning

of his words, upon him be blessings and peace: “…beneath the shade of my spear”; is an indication from him of the

superiority and merits of the spear itself; and it is exhortation from him to take it up and to imitate him in that. The

wisdom behind restricting mentioning his daily provision to the spear over and above any of the other instruments of

war, such as the sword, is that the convention which had become customary with them was to place the flags upon the

tips of the spears. Since the subsequent shade from the flags on the spears were projected on the earth, then the

ascriptions of the daily provision to this shade became appropriate. However, this metaphor is contested by another

prophetic tradition regarding the shade of the sword, where he may Allah bless him and grant him peace said: “The

Paradise is beneath the shade of the swords.” Thus, it is clear that the objective of ascribing one’s daily provision to the

shade of the spears as it was cited in the prophetic tradition is actually an allusion to the flags that adorn them, which are

symbols of the government they represent. Allah willing, we will return to the meaning of these prophetic narrations

when discussing the flags. The ascribing of Paradise to the shade of the sword is because in most cases martyrdom

occurs as a result of it, because the shade of the sword appears mostly as result of the momentum of its movement in the

hands of the fighters; and finally because the shade of the sword does not manifest until after it has been unsheathed,

because prior to that it remains sheathed and affixed at one’s side. It is for this reason that some of the scholars consider

the spear to be superior to the sword, because it is the cause for the production of wealth, the emlargement of the public

treasury, expenditure of the salaries of the judiciary, market inspectors, civil servants, and those who collect and

disburse alms, and other than these from worldly and religious functions, like the commissioning and financing of

industry, promoting and sustaining the people of the professional guilds who are essential for the social harmony of the

community, the renovation of villages, the reviving of the wilderness, constructing military fortresses and bridges,

constructing masaajid and institutions of learning, appointing salaried teachers for children, protecting markets and

roads, and procuring every general welfare essential for social harmony. None of these can exist except through the

production of wealth. It is for this reason that the production of wealth has been placed beneath the shade of the spears,

that is to say, underneath jihaad, and thus the spear is considered to be superior to the swords. As for those who

consider the sword superior to the spear, we will return to discussing that in what is to follow, Allah willing. In this

prophetic tradition is indication that the spoils of war have been made permissible for this Umma; that the daily

provision of the Prophet, may Allah bless him and grant him peace had been placed within the spoils of war, and in no

other means of earning a living; and that the majority of the wealth of the government of the Muslims is produced from

the spoils of war. In another narration related by ad-Daylami on the authority of Abd’r-Rahman ibn `Utba on the

authority of his father on the authority of his grandfather that the Messenger of Allah, may Allah bless him and grant

him peace said: “Verily Allah azza wa jalla sent me with the Guidance and the religion of Truth. He did not make me

into a farmer, a businessman or one who surveys the markets; but He placed my provision beneath my spear.” It is well

known that the Messenger of Allah, may Allah bless him and grant him peace used to conduct long distance trade

before he was commissioned as a Prophet, however this prophetic tradition indicates that he changed this custom after

he was commissioned as a Prophet and it gives evidence of the superiority of jihaad over commerce and agriculture as a

means of earning wealth. It is for this reason that our Sultan the Amir’l-Mu’mineen Muhammad Bello ibn Shehu

Uthman ibn Fuduye` said in his Tanbeeh’s-Saahib: “The best means of earning a living is through jihaad. This is

because it is universally beneficial for what is in it of keeping the Islamic social order from being destroyed, the

maintaining of the defense against the evils and injustices of disbelief by extinguishing its fire from endangering the

Muslims.” The meaning of his words, upon him be blessings and peace: “…and He has placed humiliation and

contempt”; is that it is conceivable that those meant in this address are the disbelievers by subjugating them and levying

upon them the jizya (minority tax); or it is conceivable that those meant are the Muslims by them abandoning the jihaad

as we will mention, Allah willing. The meaning of his words, upon him be blessings and peace: “…upon those who

On What Has Been Related Regarding the Shield and Being Shielded With the Shield of

One’s Companions478 It has been related in the Saheeh of al-Bukhari on the authority of Anas ibn Maalik, may

Allah be pleased be with him who said: “Abu Talha shielded himself along with the Prophet, may

Allah bless him and grant him peace behind a single shield. Abu Talha was an excellent archer.

Whenever he would shoot, the Prophet, may Allah bless him and grant him peace would direct him

and look to the place of his arrow.”479

oppose my command”; is those who reject Islam with regard to the disbelievers, and those who abandon the Sunna of

jihaad with regard to the Muslims. Imam al-Manaawi said in his commentary upon the al-Jaami` as-Sagheer: “Indeed

Allah taàla created His creation into two divisions: those elevated and those humiliated. He made those elevated firmly

established with His exalted affairs, and He made the lowest of the low firmly established with His dejected affairs. He

made the people of His obedience and those obedient to His Messenger among the most elevated in the two worlds, and

made those disobedient to Him among the most humiliated in the two worlds; for humiliation and contempt are for

those who are disobedient. And just as humiliation strikes those who oppose his commands, similarly honor is for the

people of his obedience and who follow him, as Allah says: ‘To Allah belong all honor, and to His Messenger and the

believers.’ Thus, it is based upon the extent that one follows him, that one’s honor, proficiency and success depend.”

The complete narrative of the prophetic tradition as it was transmitted by Ahmad on the authority of Ibn Umar is: “I

have been sent just before the Hour with the sword. My daily provision has been placed beneath the shade of my spear.

Humiliation and contempt have been made for those who oppose my command, for whoever resembles a people then he

is among them.” Al-Muhlab said: “In this prophetic tradition it is established that the Messenger designated

permissibility in the spoils of war and that his daily provision was made from it, in contrast to the other Prophets before

him. He was also singled out with victory over all those who oppose him, with a victory accompanied by trepidation in

the hearts of the enemies. He was singled out in order to make the word of Allah exalted and that those who follow him

that they would be the most exalted of people. And those who opposed his command could only persist with a rope

from Allah which entails a social contract, drawing upon themselves the wrath of Allah, accompanied with humiliation

and contempt which entails the paying of the jizya.” The meaning of his words, upon him be blessings and peace: “for

whoever resembles a people then he is among them”; is that whoever opposes the command of the Messenger of Allah,

may Allah bless him and grant him peace by abandoning the jihaad in the Way of Allah, and establishing His religion,

then humiliation and contempt will be placed upon them combined with being under the sovereignty of their enemies, as

we can clearly see today. This prophetic tradition is an indication of the merits of the spear, the permissibility of the

spoils of war for this Umma, and that the daily provision of the Prophet, may Allah bless him and grant him peace was

placed within the spoils of war and in no other means of earning a living. For this reason some of the scholars assert that

jihaad is the best way of earning a living, as we cited from the words of Sultan Muhammade Bello in his Tanbeeh ‘s-

Saahib. 478 That is to say that this section is concerned with discussing the shield which is a well known weapon utilized for

defensive purposes, where the one holding it covers himself or screens himself; and discussing the one who shields

himself or covers himself with the shield of his companion. This means that two combatants shield themselves with a

single shield. This is an indication of fundamental formation of the army of the Muslims on the battlefield, where the

archer/marksman does not hold the shield because he shoots with both of his hands, and the shielding man or

companion of the shield covers the archer/shooter so he is not shot, at he same time the companion of the shield looks to

spot the location where the arrow of the archer reached. Today the companion of the shield is known as ‘a spotter’. 479 The meaning of his words, may Allah be pleased with him: “Abu Talha”; is he was Abu Talha Zayd ibn Sahl ibn al-

Aswad ibn Hiram ibn Àmr ibn Zayd Munat ibn Àdiy ibn Malik ibn an-Nijaar al-Khazraji an-Nijaari al-Ansaari. He

was present at al-Àqaba, Badr and Uhud, He was the paternal nephew of Anas ibn Malik. He was sturdy, with an

onorous voice, dark skinned, middle height who did not change with age. He was an excellent archer, and was the one

about whom the Messenger of Allah, may Allah bless him and grant him peace said: “The voice of Abu Talha among

the army is better than an entire troop.” In another narration: “Indeed the voice of Abu Talha is more servere against the

idolators than an entire troop.” His virtues were innumerable. Anas said: “After the Messenger of Allah, may Allah

bless him and grant him peace passed, Abu Talha fasted without breaking it for forty years except on the two days of the

Èid ‘l-Fitr Èid ‘l-Ad’haa.” He died in al-Medina, and it was Uthman who prayed over him, in the year 34 A.H. The

meaning of his words, may Allah be pleased with him: “…shielded himself along with the Prophet, may Allah bless

him and grant him peace”; is that this occurred on the day of Uhud. The meaning of his words, may Allah be pleased

with him: “…behind a single shield”; is that Abu Talha was preoccupied from holding the shield because he was

On What Has Been Related Regarding the Sword and Hanging It From the Neck480

It has been related in the Saheeh of al-Bukhari on the authority of Anas, may Allah be

pleased with him who said: “The Prophet, may Allah bless him481 and grant him peace, was the best

of the people and the bravest of people. One night the people of al-Medina were frightened. When

they came out in the direction of the noise, they found the Prophet, may Allah bless him and grant

him peace had already investigated into what had happened. He was riding the bare back horse of

Abu Talha and around his neck was a sword. He said: “Do not be frightened! Do not be frightened!”

He then said: “I discovered it (Talha’s horse) to be an ocean!”; or he said: “Indeed, it is an

ocean!”482

shooting with both his hands. Thus, it was the Messenger of Allah, who held the shield protecting him so that he wold

not be shot. The meaning of his words, may Allah be pleased with him: “Abu Talha was an excellent archer”; is in

accordance with another narration: “He was a mighty archer”, who during that battle broke with his own hands two to

three bows. The meaning of his words, may Allah be pleased with him: “Whenever he would shoot, the Prophet, may

Allah bless him and grant him peace would direct him”; is that the phrase ‘tasharraf’ (to supervise) is when a person

looks from above the work of another, for the phrase ‘to supervise’ comes from ‘oversight’ (ishraaf). This means to take

observation of a thing. The meaning of his words, may Allah be pleased with him: “…and look to the place of his

arrow”; is that he would examine wherehis arrow reached, as it was stated in the narration of Thaabit on the authority of

Anas who said: “Indeed Abu Talha shot his arrows in front of the Messenger of Allah, may Allah bless him and grant

him peace on the day of Uhud. He was a natural archer. Whenever Abu Talha would shoot, the Messenger of Allah

would lift his head and examine where his arrow reached.” Ibn Hajr said: “It is said that an archer/marksman requires a

person to shield him, so that both his hands can be preoccupied with shooting. It is for this reason that the Prophet, may

Allah bless him and grant him peace shielded him with his shield.” 480 Is that this section covers a discussion of the immense affair of the sword, with which one strikes with dexterity,

adroitness and artistry, as is well known; the merits of taking up swords, hanging them on the necks, using them in

jihaad, in training and practice. For the sword is like the spear in that it was among the instruments that the Prophet,

may Allah bless him and grant him peace utilized in war, it was among the instruments of war of his Companions; and

it is among the important weapons of war and is among the most noble of them in status because it is considered by

some as ‘the mother of all weapons’, as well as, whenever the term ‘weapons’ is used unrestrictedly it refers to swords,

over other weaponry. Mention was made of the disagreement among the scholars regarding the superiority of the spear

over the sword, since it is ascribed to the production of wealth and other than that from worldly and religious functions

due to the fact that the flags are normally placed on its tips as a sign of the sovereignty of the government, its continuity

and social order. It is essential here to mention in this section what some of the scholars say about the superiority of the

sword over the spear and the remainder of the instruments of war; for this is my school of thought, in that I have taken

up the Way of the Sword as a Path in the disciplining of the soul. 481 Here ends facsimile 47 of the Arabic manuscript. 482 The meaning of the words of Anas, may Allah be pleased with him: “The Prophet, may Allah bless him and grant

him peace, was the best of the people”; that is, he was the best of them in physical form and behavior, or he was the best

of them in physical nature and character. For corporeal attractiveness is related to the limbs, and is specific for the

aspect and form which can be perceived with the eyes. In this regard the corporeal form of the Prophet, may Allah bless

him and grant him peace and his physical nature was the best that has ever existed, as this was illuciatded in the As-

Shifa, the as-Shimaa’il, and in many poems which praised the beauty of his face, the perfection of his body, the

harmony of his limbs, the strength of his senses and movements. Immaterial attractiveness is related to the soul, and the

inward comportment and is specific to one’s inner strength and tranquility which can be perceived by mental

discernment. In this matter the behavior of the Beloved, may Allah bless him and grant him peace was in the utmost

limit of perfection. Rather, nothing in creation exist which is more perfect than him in character, as it is well known.

The meaning of his words, may Allah be pleased with him: “…and the bravest of people”; is that he was the strongest of

them in heart during circumstances of valor. Qadi `Iyad: “Bravery is the virtue of the strength of anger, which is

controlled by reason.” In another narration it added: “…and he was the most generous of people…”; is that he was the

most perfect of them in nobility, and the most arousing of them in his heart during the upheavals of war, and he never

turned from the battle in defeat. In this is a clear explanation of what Allah ta`ala ennobled him with from handsomness

and gracious characteristics; and that these traits were among the innate attributes of the Prophet, may Allah bless him

and grant him peace. It also proves that the perfection of the strength of reason is in atttactiveness, that the perfection of

the strength of anger is in bravery, and that the perfection of the strength of the sensory is in generosity. For

attractiveness, bravery and generosity are among the most significant foundations of good character. The proof of his

attractiveness, bravery and generosity is in what will follow. The meaning of his words, may Allah be pleased with him:

“One night the people of Medina were frightened”; is that the people of al-Medina became afraid from a strange and

loud sound which they heard during the night. The meaning of his words, may Allah be pleased with him: “When they

came out in the direction of the noise”; is in accordance with another narration which stated: “The people left in the

direction of the loud sound”; in order to investigate its cause. The meaning of his words, may Allah be pleased with

him: “they found the Prophet, may Allah bless him and grant him peace”; is in accordance with another narration which

stated: “…for they encountered the Messenger of Allah, may Allah bless him and grant him peace returning, for he had

superceded them to the source of the sound.” The meaning of his words, may Allah be pleased with him: “…had

already investigated into what had happened”; is that he had already learned the news behind the loud sound; or that he

had verified the news of it. In this is established the permissibility of a person taking the initiative on his own to

investigate the news of the enemies, as long as their appearance has not been verified. The meaning of his words, may

Allah be pleased with him: “He was riding the bare back horse of Abu Talha”; is that he rode the horse bare baked

without a saddle, pack saddle, or saddlecloth. In this is the permissibility of riding a mount bare backed, the

permissibility of making military engagements upon stallions in the same manner, the permissibility of riding bare back

on any beast of burden during war; as well as riding mounts bare backed in order to increase the speed of the animal.

The meaning of his words, may Allah be pleased with him: “…and around his neck was a sword”; is that this is clear

evidence for the permissibility of hanging swords over the neck; as well as the permissibility of wearing sword sheaths

because it is apart of the issue of the sword, since the mere mention of the sword also by implication gives evidence of

the sword sheath. In this is evidence that wearing swords is a protection against the evils of malevolent spirits (jinn),

because in some of the narrations the people assumed that the loud noise came from the jinn. The Messenger of Allah,

may Allah bless him and grant him peace chose the sword because it is the most beneficial of the instruments of war,

the easiest of them to utilize, the one used most often and is ascribed directly to Paradise; since Paradise and what is in

It of blessings is from among the affairs of the Hereafter; and the Hereafter is better than this world’s life and what is in

it, as it is clarified in many Qur’anic verses. There are His words: “And those who emigrate for Allah after being

oppressed, We will support them in this life with what is good, but the reward of the Hereafter will be greater if they but

knew.” There are His words: “Are you pleased with the life of this world over the Hereafter, for the possessions of this

world’s life is slight in comparison to the Hereafter.” There are His words: “The life of this world is mere play and

amusment, while the Abode of the Hereafter is best for those who are fearfully aware.” And finally, there are His words:

“For the reward of the Hereafter is better for those who believe and are fearfully aware.” For, whatever is ascribed to

that which is greater and best, is also innately greater and superior. It has been related by al-Bukhari on the authority of

Abu Hurayra that the Prophet, may Allah bless him and grant him peace said: “Realize that Paradise is underneath the

shade of swords.” What is meant by Paradise being beneath the shade of swords, is that the Divine reward of Allah is

beneath them, and that the sword is a fundamental causative factor for reaching Paradise, when it is used to strike in the

Way of Allah. For the movement of the mujaahiduun in the Way of Allah, and their presence on the battlefield with

sincerity, and holding firm underneath the clash of swords opens the Gates of Paradise. An-Nawwawi said in his

commentary on Muslim: “The scholars say that the meaning of the prophetic tradition is that jihaad and being present

on the field of combat is a Path to Paradise, and a causative factor for entering It.” Al-Minowi said: “This statement is a

metaphor for being in close proximity to the enemies during war, to the extent that the swords are raised high, until

literal shades emerge on the battlefield. It means that the jihaad is a Path with which one arrives swiftly at the Gates of

Paradise. Thus, the objective of the prophetic tradition is to encourage people to participate in the jihaad.” Al-Khataabi

said: “The meaning of ‘the shades of swords’ is being in close proximity to its blades until one is overshadowed by the

shade of his sword where he neither turns from it are flees from it. For whatever is in close proximity to you, actually

overshadows you.” It is said in the an-Nihaaya: “This statement is a metaphor for being in proximity to the actual

striking during the jihaad, until the sword is raised up and becomes like a shade for him.” Al-`Ayni said: “This

prophetic tradition is among of the most precious and splendid of articulations, which combines in it examples of pure

eloquence, ampleness of expression, charm, beautiful imagery, abundant universal meaning, along with the sweetness of

epitomized expression; since the most eloquent tongues of the articulate are unable to produce its like, or to come with

its equal or similarity in form. For the advantages which can be drawn from it along with its pure brevity, are incitement

to the jihaad, informing of the Divine reward for it, encouragement to draw near to one’e enemy, the skillful utilization

of swords, taking one’s reliance upon them, the gathering of fighters during encounters where they intermix with one

another until the swords of some fall upon the enemies, and some are raised over them until the swords become like

shades with which they strike the necks of the enemies.” Thus, it means that the one who strikes with the sword in the

Way of Allah, Allah will enter into Paradise as a result of that. This is similar to another prophetic tradition: ‘Paradise is

beneath the feet of mothers’, which is to say, that being filial towards one’s mother and establishing her rights will enter

a person into Paradise. In another narration he upon him be blessings and peace said: ‘Indeed Paradise is underneath the

gleam of swords.’ This expression ‘gleam’ (baariqa) is from the expression ‘radiance’ (bareeq). Al-Khataabi said: “One

says: ‘A man was brightened by his sword’, when its radiance reflects upon him. Thus, a sword is also called ‘radiant’

(bareeq) and comes from the verbal conjugation of ifèel from ‘radiance. Thus, the sword has a radiance which beams

from it, as well as a shade which emerges underneath it. For, the interpretation of the cognomen ‘radiant’ in reference to

the sword is a reference to the bright luster of the swords. Some say that the correct interpolation is that the phrase

‘radiant’ is a direct reference to shinning swords, as at-Tabarani related from a narration from Àmaar ibn Yaasir in a

sound chain of authority that he said on the day of the Battle of Sifeen: ‘Paradise is underneath the shinning swords

(abaariqa)’.” In a narration from Muslim on the authority of Abu Bakr ibn Musa al-Ashàri who said: “I heard my

father say while in the presence of the enemies: ‘The Messenger of Allah, may Allah bless him and grant him peace

said: ‘Indeed the Gates of Paradise are underneath the shade of the swords.’ Then a man from among the people of Rath

al-Haya said: ‘Did you really here the Messenger of Allah, may Allah bles him and grant him peace mention that?’ He

said: ‘Yes.’ The man then returned to his companions, and said: ‘I give you all my final greetings of peace!’ He then

broke his sword sheath, and then entered the fray and struck with his sword until he was killed.” All of this is evidence

of the superiority of the sword over all the remaining weapons of jihaad and its proximity to the Hereafter. It is also an

incitement to learning it and utilizing it continuously because it is apart of the confirmed Sunna. This is proof that it is

highly recommended to practice swordsmanship, and every kind of fencing and swordplay, either by means of the

straightsword, the short sword, the long sword, the broad sword, or the double sword; as it was related by Ibn Àwn on

the authority of Sa`d ibn Abi Waqas who said: “On the day of Uhud, Hamza was fighting in front of the Messenger of

Allah, may Allah bless him and grant him peace with two swords, and he was shouting: ‘I am the Lion of Allah’!” The

meaning of his words, upon him be blessings and peace: “Do not be frightened! Do not be frightened!”; that is, with

persistent fright, or the kind of alarm which could cause more harm. Thus, it means do not fear. In this statement

comprises many advantages, among them is that it clarifies the bravery of the Messenger of Allah, may Allah bless him

and grant him peace as indicated by the swiftness by which he came out to face the alleged threat, even before any of

the other people, and how he had already investigated the situation and returned before they had arrived. In it also is that

it clarifies the immensity of his baraka, and his miracle in taming a stallion to run swiftly which had been previously

slow because it lacked the strength to run, and was dysfunctional in its movements; as it was stated explicitly in the

narration of Muslim. In it further, is the blame of showing cowardliness during jihaad and the blame of showing fear

when encountering enemies. The meaning of his words, upon him be blessings and peace: “I discovered it (Talha’s

horse) to be an ocean!”; is that it was like an ocean, which is it became immeasurable in its running abilities. This is an

indication of the permissibility of utilizing metaphor, since he made the horse resemble the ocean because its running

abilities became endless just as the water of the oceans are endless. The meaning of his words, may Allah be pleased

with him: “…or he said”; is that there was some doubt from the narrator. The meaning of his words, upon him be

blessings and peace: “Indeed, it is an ocean!”; is that if the Prophet, may Allah bless him and grant him peace said

indeed it is an ocean, then this is more expressive than the first statement in depicting the horse with being able to run

extremely strong. Further, what can be extracted from this prophetic tradition is that apart of the prerequisites for the

Imam, the Amir or the Muslim governor is that he must be courageous, as the Shehu, may Allah taàla be merciful to

him said in his Bayaan Wujuub’l-Hijra citing the eighth condition of the Imam: “…is that he must be courageous, and

not be impotent and shy away from encountering the enemies on the battlefield, and establishing the legal punitive

punishments.” In this prophetic tradition establishes that it is highly recommended to gird oneself with the sword by

wearing it around the neck; and that this was apart of the normal uniform of the righteous ancestors regarding the

instruments of war. One of the most decisive proofs regarding the superiority of the sword, as we mentioned is in what

was related by al-Bukhari on the authority of Abu Hurayra, who said that the Messenger of Allah, may Allah bless him

and grant him peace said: “Do not be over anxious to encounter the enemy, but ask Allah for well being. But when you

do encounter them be steadfast. And realize that Paradise is underneath the shades of swords.” In this prophetic tradition

is prohibition of being over anxious to encounter the encmounter the enemy due to what is in that of self admiration,

over reliance on the self, and having over confidence in one’s strength; all which are a type of despotism; also because

this attitude implies paying little or no real attention to enemies and showing disdain for him by taking him for granted.

This is diametrically opposed to being precautious, resolute and alert which constitute the spirit of the Art of War.

On What Has Been Related Regarding the Dagger483

It has been related in the Saheeh of al-Bukhari on the authority of Ja’far ibn Àmr ibn

Umayya484 on the authority if his father,485 who said: “I once saw the Prophet, may Allah bless him

and grant him peace, eating a piece of shoulder by cutting from it. Then the call to the prayer was

made. He then prayed without making wudu.”486 In a narration from az-Zuhri: “He put the dagger

down.”487

483 This is regarding the explanation what has been mentioned concerning the issue of the dagger from the

permissibility of taking it up, carrying it, and utilizing it during war and other times. The expression ‘sikeen’ (dagger) is

conjugated on the measure of the phrase ‘faèel’, like the word ‘shareeb’ (heavy drink). It can made both masculine and

feminine, thus it is called ‘sikeen’ or ‘sikeena’ taking from ‘to abate’ because it causes the movement of the animal

sacrificed with it to abate. 484 He was Ja`far ibn Àmr ibn Umayya ad-Damri. 485 He was Abu Umayya Àmr ibn Umayya ibn Khuwaylid ibn Abdallah ibn Iyaas ad-Damri. He was the Companion of

the Messenger of Allah, may Allah bless him and grant him peace. He accepted Islam on the day of the Battle of Uhud.

He was extremely brave, fearless and courageous. It is for this reason the Messenger of Allah, may Allah bless him and

grant him peace sent him out once on a military raid by himself. He also sent him as a messenger to an-Najaashi of

Abyssinia, may Allah be pleased with him. He made many military expeditions along side the Messenger of Allah, may

Allah bless him and grant him peace. He transmitted a number of prophetic traditions on the authority of the Prophet

upon be blessings and peace. Those who transmitted from him were his two sons, the above mentioned Ja`far and

Abdallah, as well as his nephew az-Zabraqan ibn Abdallah. Àmr ibn Umayya died during the rule of Muàwiyya. 486 The meaning of the words of Àmr ibn Umayya, may Allah be pleased with him: “I once saw the Prophet, may

Allah bless him and grant him peace, eating a piece of shoulder”; is that is was the shoulder of a lamb, for the shoulder

(katf) in humans is the broad bone just behind the shoulder blade. In other creatures like camels, horses, mules, donkeys

and others, the shoulder is the broad bone which is above the upper front legs. It is said that the two shoulder bones

include the entire upper part of the leg. The meaning of his words, may Allah be pleased with him: “by cutting from it”;

is that he cut it using a dagger. In another narration it staes: “…he cut from the shoulder of a lamb which he held in his

hand…”. In this establishes the permissibility of cutting cooked meat with a dagger, as well as raw meat. This is also

evidence for the carrying of daggers. It is called ‘sikeen’ (dagger), because it causes the movement of the sacrifices

animal to abate (taskeena). Some of the followers of Malik consider that the carrying of the dagger is highly

recommended. The objective of entering this prophetic tradition in the chapter regarding jihaad is due to the fact that

the dagger is among the kinds of weapons and instruments of war. The meaning of his words, may Allah be pleased

with him: “Then call to the prayer was made”; is that it was called for one of the prescribed prayers in the masjid. The

one who called to the prayer in this prophetic tradition was Bilal, may Allah be pleased with him. It is said that the

prayer that the call was made for was the prayer of maghrib due to the limited time. In another narration it states: “The

call to prayer was made and he put it aside as well as the dagger he was using to cut it with.” In another narration it

states: “The call to prayer was made, and he stood and put aside the dagger.” Ibn Hazim said: “The cutting of meat with

a dagger is in order to eat it well.” The meaning of his words, may Allah be pleased with him: “He then prayed without

making wudu”; is in accordance with what az-Zuhri said: “It is clear that the command to ro perform the ablution from

eating meat which fire has consumed was abrogated by this prophetic tradition.” In this prophetic tradition is also the

permissibility of calling the Imams to the prayer. 487 The meaning of his words, may Allah be pleased with him: “He put the dagger down”; is the dagger which he was

using to cut the meat. This prophetic tradition is proof for the permissibility of cutting meat with a dagger, utilizing the

dagger in social transactions, such as war and others. Thus, from the above two cited prophetic traditions can be

extracted the legal evidence of eating that which fire has consumed without being obligated to make ablution. This is

the view of at-Thawri, al-Awzai`, Abu Hanifa, Malik and others.

On What Has Been Related Regarding the Armored Suit488

It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abbas, may Allah be

pleased with them489 that the Prophet, may Allah bless him and grant him peace, said while he was

in a cupola: “O Allah! I implore You regarding Your pledge and promise! O Allah! If it is Your will,

You will not be worshipped after this day!” Then Abu Bakr took hold of his hand and said:

“Enough O Messenger of Allah! You have committed your cause over to your Lord!” He, may

Allah bless him and grant him peace, was dressed in armor. He then came out saying: “The whole of

them will be destroyed and they will show us their backs. Indeed the Hour will be their rendezvous,

for the Hour is severest and harshest.”490

488 That is to say in this section mention will be made of what has come in the prophetic traditions from the

permissibility of wearing armor. The expression ‘diri`’ (armor) can be made masculine and feminine, and refers to attire

normally made of iron in order to protect its owner from be struck by the weapons of the enemy during war. It is also

included among the instruments of war, and is a Sunna of the Prophet, may Allah bless him and grant him peace. 489 It is well known that Ibn Abass, may Allah taàla be pleased with them, was not a witness to these words, nor was he

among those at the time who saw actually saw what had happened. However, he transmitted this from those who

actually witnessed it, as this was stated explicitly by Muslim in the narration of the prophetic tradition of Samaak ibn al-

Walid on the authority of Ibn Abass on the authority of Umar ibn al-Khataab, may Allah taàla be pleased with all of

them. 490 The meaning of the words of Ibn Abass, may Allah be pleased with him: “the Prophet, may Allah bless him and

grant him peace, said while he was in a cupola”; is in accordance with another narration which added: “…on the day of

Badr…”. What is meant by a cupola is that it was a shaded bower which the Companions erected for the Prophet, may

Allah bless him and grant him peace to sit during the day of Badr. The day of Badr, occurred on a Friday, the 17th

of the

month of Ramadan in second year of the hijra. Ibn al-Athir said: “The cupola is a kind of tent, which a small dwelling

which customarily used by Bedouin Arabs.” On that day the Messenger of Allah, may Allah bless him and grant him

peace was seen to looking upon the idolaters, whose numbers had reached to one thousand, and looking upon his

Companions whose numbers were 313 men. He then faced the direction of the qibla raised his palms and supplicated

Allah with the following supplication and other than that. The meaning of his words, upon him be blessings and peace:

“O Allah! I implore You”; is I seek from You. The meaning of his words, upon him be blessings and peace:

“…regarding Your pledge”; is that I seek from You the pledge which You made by by Your words: ‘The Word has

preceded from Us as a promise to our servants the Messengers, that they will will be assisted, and that Our forces will

be victorious for them.’ The meaning of his words, upon him be blessings and peace: “…and promise!”; is that I ask

You to accomplish Your promise which You gave to me, while I was in Mecca, that You would vanquish the forces of

the idolaters, and complete this by manifesting Your religion, as well as exalt the Word of Islam, with which You are

pleased with, by making it manifest over all other religions. This promise is like His words: ‘When Allah promised you

that one of the two factions will taken by you, and you longed that other than the armed one might be yours; while Allah

willed that He should cause the Truth to triumph by His words, and cut off the root of the disbelievers. That He might

firmly establish the Truth and render falsehood invalid, eventhough the guilty might oppose it.’ The meaning of his

words, upon him be blessings and peace: “O Allah! If it is Your will, You will not be worshipped”; is that You have

willed that You be worshipped as is deserving of You, and You have not willed that You not be worshipped. Therefore

make what You have willed accomplished in existence, since all affairs are in Your Hand. It has been realated in the

prophetic tradition of Umar that he, upon him be blessings and peace said: “O Allah! If this small band from the people

of Islam are destroyed, then You will not be worshipped on the earth.” He said this realizing that he was the Seal of the

Prophets, and if he and those with him were destroyed, then no one else would be sent in after him in order to invite the

people to the true faith, and the idolaters would persists worshipping other than Allah. Thus, it means that He would not

be worshipped by means of this sharià. The meaning of his words, upon him be blessings and peace: “…after this

day!”; is in accordance with the narration of Muslim on the authority of Umar ibn al-Khataab that he, upon him be

blessings and peace said: “O Allah! Accomplish for me what You promised me! O Allah! Give me what You promised

me! O Allah! If this small band from the people of Islam are destroyed then You will not be worshipped on earth!” He

continued to implore Allah in this manner his cloak fell from his shoulders, and Abu Bakr stood and replaced it back on

his shoulders and supported him from behind. The reason that the Prophet, may Allah bless him and grant him peace

made strenuous effort and was determined in his supplication is because he saw the Angels standing prepared for

combat, and the Ansaar were ready to engage in battle until the death; thus he established by strenuous effort that jihaad

is partly conducted with weapons, and partly conducted by means of supplication. This evidence that when Muslims are

prevented from establishing the jihaad with weapons, then this does not prevent them from making supplication against

the disbelievers, because: “The supplication is the weapon of the believer.”. In this also is established that apart of the

Sunna in combat is that the Imam should remain behind the Muslim army so that he is not killed along with them, not in

order to save himself, but he should be preoccupied with the most important of the two means of fighting, which is

supplication. The meaning of his words, may Allah be pleased with him: “Then Abu Bakr took hold of his hand and

said: “Enough O Messenger of Allah!”; is that what you have already said is sufficient. In another narration he is

reported to have said: “O Prophet of Allah! Your imploring of your Lord is enough, for he will definitely accomplish

His promise to you.” The meaning of his words, may Allah be pleased with him: “You have committed your cause over

to your Lord!”; is that your have been persistent in your supplication to Him. This means that you have reach the limit

in your supplications and have been long in doing it. Abu Bakr said this believing in the words of Allah taàla: “Indeed

You do not go against what You have promised.” Al-Khataabi said: “It is not permissible to falsely assume that Abu

Bake was more firm in his confidence in his Lord than the Prophet, may Allah bless him and grant him peace in that

circumstance. On the contrary, what induced the Prophet, may Allah bless him and grant him peace to this was his

genuine compassion for his Companions, and in order to strengthen their hearts, because this was the first military

which they encountered. Thus, he went to the limit in directing himself to Allah and supplicating Him with prayer and

invocation in order to bring solace to their souls by means of that, because they know that his interceding on their behalf

with Allah was answered. Thus, when Abu Bakr said what he said, he stopped imploring Allah realizing that his

supplication was answered when he saw in Abu Bakr that his soul was fortified and tranquil.” In this is the close

companionship which Abu Bakr demonstrated through his patient confidence in what Allah promised to His Prophet,

may Allah bless him and grant him peace. It is for this reason that he was named ‘sideeq’ (the Champion of Truth). Is is

also conceivable that he upon him be peace made strenuous effort in supplication was in order to instruct his

Companions that supplication is the real weapon of the believer, that jihaad cannot be rectified accept by means of the

invocation and remembrance of Allah, and imploring Him with humility and broken heartedness; and that there is no

more redemptive refuge for the servants from any harm in this world’s life and the Hereafter than the remembrance of

Allah, and imploring Him with supplications. This is especially true during times of combat in the Way of Allah. in this

circumstance the Prophet, may Allah bless him and grant him peace was in the station of fear (maqaam ‘l-khawf), which

is the most perfect of the spiritual states of prayer, supplication and invocation. Allah willing, I will expand on the

meaning of the supplication being the weapon of the believer, and the key to victory in the secton: On What Has Been

Related Regarding Making Supplication Against the Kufaar During Times of War, Conquering and Violent

Repercussions’. The meaning of his words, may Allah be pleased with him: “He, may Allah bless him and grant him

peace, was dressed in armor”; is that he was wearing the traditional iron mail attire which is worn in war. Al-Muhallab

said: “In this is the proof of utilizing armor and fighting in it.” In that is the evidence for its permissibility. The meaning

of his words, may Allah be pleased with him: “He then came out saying: “The whole of them will be destroyed and they

will show us their backs”; is a refernce to all the disbelievers of Mecca on the day of Badr. Thus, Allah taàla informed

him that they will be defeated and will be show him their backs fleeing. In this showing confidence and being patient

with what Allah promised of vistory, the Good News that to them that the party of Satan will be routed, and a reminder

to them of what He azza wa jalla foretold in His Book. The meaning of the words of Allah taàla: “Indeed the Hour will

be their rendezvous”; is that the punishment of the Hour on the Day of Judgment will be their rendezvous, which is that

it will be the promised place of their punishment. The meaning of the words of Allah taàla: “…for the Hour is

severest”; is that it is more severe and more horrible. The expression ‘daahiya’ (calamity) means an immense shocking

affair from which there is no recourse. The meaning of the words of Allah taàla: “…and harshest.”; is that it is more

immense in affliction, and more severe in bitterness than being routed on the battlefield and the combat of the day of

Badr. It is said that this verse was revealed to the Prophet, may Allah bless him and grant him peace at that time. It is

also said that it was revealed in Mecca since it is the 45th verse of the Chapter of al-Qamar, but was revealed regarding

the people of Badr. However the first is the foremost view because the entire Chapter of al-Qamar, except this

particular verse was revealed at Mecca.. In this prophetic tradition establishes the permissibility of reciting the Qur’an,

a portion of it or a verse from it against enemies for their destruction and the dividing of their unity. It also establishes

the permissibility of reciting the Qur’an, or part of it during the clash of battle, as recitation, worship and a litany.

Finally, in it is the permissibility of using the recitation of the Qur’an or a portion of it as intermediacy (tawwasul) in

supplicating and imploring Allah taàla.

In it also491 on the authority of Aìsha, may Allah be pleased with her who said: “The

Messenger of Allah, may Allah bless him and grant him peace died while his armor was pawned492

in the custody of a Jew which he pawned for thirty saa` of wheat.”493

491 That is to say, in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Armored Suit. 492 Here ends facsimile 48 of the Arabic manuscript. 493 The meaning of the words of Aìsha, may Allah be pleased with her: “The Messenger of Allah, may Allah bless him

and grant him peace”; that is to say, he died on Monday the 12th

of Rabi`’l-Awwal in the year 11 from his hijra may

Allah bless him and grant him peace. He lay in rest for two days and was buried in the middle of the night of

Wednesday at the age of 63. The meaning of the her words, may Allah be pleased with her: “…died his armor was

pawned”; is in accordance with the narration of Ya`la in Ùbayd on the authority of al-Àmash that she said: “…armor

of iron….” The meaning of the her words, may Allah be pleased with her: “…in the custody of a Jew”; or as it was

related in another narration where she said: “…was with a Jew”; no mention was made of the name of the Jew. Some of

the scholars say that apart of the wisdom of the Messenger of Allah, may Allah bless him and grant him peace refrained

from making this nominal transaction with the Companions and chose to make the transaction with a Jew; was either to

clarify its lawfulness; or because at that time the Companions did not have surplus provisions beyond what could fulfill

their own needs; or he feared that they would take it from him at cost or as compensation. An-Nawwawi said: “Perhaps

on some occasions the Companions were unware of his needs because they did not know at what time he finished what

provisions were with him due to his comportment. And perhaps those who did know that, their circumstances were also

so constricted at that time to do anything about it, as was the usual circumstances of his Companions. Normally, none of

the Companions who were able and who always made effort to take care of his needs actually knew the signs when the

Prophet, may Allah bless him and grant him peace was in need. However, the Messenger of Allah, may Allah bless him

and grant him peace used to conceal any traces of need from them, and would normally bear constricted circumstances

patiently.” The meaning of the her words, may Allah be pleased with her: “…for thirty saa` of wheat”; is similar was

related in the narration of Muslim. What is meant here is that this was an indication of his final circumstances. In the

narration of at-Tirmidhi she said: “…for twenty saa` of foodstuff which he took to feed his family”; in exchange for

‘thirty’ because he used to store up enough provision for a year for them. This is proof that storing up provision does

not negate reliance upon Allah. In the prophetic tradition is also proof for the permissibility of purchasing weapons from

disbelievers. It also establishes the permissibility of pawning (rahn) as it was explicitly stated in the narration of Ma`li

on the authority of Abd’l-Waahid ibn Zayd where she said: “…he pawned his armor made of iron…”. Ibn at-Talaa`

mentioned in his al-Aqdiyya an-Nabawwiya: “It was Abu Bakr who was able to reclaim this armor after the passing of

the Prophet, may Allah bless him and grant him peace.” In a narration of Ibn Sa`d on the authority of Jaabir he added:

“It was Abu Bakr who usually fulfilled the customs of the Prophet, may Allah bless him and grant him peace, while it

was Ali who usually fulfilled any of his debts.” It was related by Is’haq ibn Ruwayhi in his Musnad on the authority of

as-Sha`bi in a prophetic tradition which is mursal: “It was Abu Bakr who reclaimed the armor and then surrendered it

Ali ibn Abi Talib.” In the prophetic tradition is the lawfulness of utilizing armor during war.

On What Has Been Related Regarding the War Standard494

It has been related in the Saheeh of al-Bukhari on the authority of Tha’laba ibn Maalik al-

Ghurdhi,495 who said: “Qays ibn Sa`d al-Ansaari, may Allah be pleased with him,496 who was one

of the standard bearer of the Messenger of Allah, may Allah bless him and grant him peace, desired

to make hajj so he went on foot.”497

494 The war standard (liwaa’) carried by the army is normally smaller than a flag, because it is usually made of a long

narrow pieces from cloth interwoven together (yalwiy), and then fastened to the wooden part of spears; while flags are

the prominent ensigns of the entire army, and are thus, nicknamed ‘the mother of war’. Flags are usually larger than war

standards and more significant in rank. Abu Bakr ibn al-Àrabi said: “The war standard is not a flag, for the war

standard is what is usually affixed to the ends of spears and is usually interwoven; while the flags are not normally

affixed to spears but are hung high and left standing to flap in the wind.” At-Turabakhashti differed in this saying: “It is

the flag which is actually interwoven and given over to the combatants underwhich they fight, and to which the fighters

incline towards in the heat of battle; while the war standard is the symbol of the authority of the ruler which is carried

and circulates whereever he goes.” This view was corroborated in a commentary of Muslim, where it stated: “The flag

is the small ensign of the army, while the war standard is the larger standard of the army”; as it was cited in the al-

Muraqaat. The evidence for the latter opinions is in what was related in the prophetic tradition of Mu`tamar on the

authority of Àwf on the authority of Shaykh ibn Bikr ibn Waa’il who said: “The Prophet, may Allah bless him and

grant him peace once came out with a piece of cloth tirn from a black shirt. He then affixed in to spear and then began

to wave the spear about and said: ‘Who can take this and give it its rights?’ The Muslims all backed away due to the

condition imposed on this. Then a man stood and said: ‘O Messenger of Allah what are its rights?’ He said: ‘That you

never kill a Muslim under it, and that you never flee from the disbelievers with it’.” 495 He was Thaàlaba ibn Abi Mali al-Qarthi. Ibn Sa`d said: “His real name was Abdallah ibn Saam from Yemen

originally from the Banu Kinda who married a woman from the Quraytha and became associated with them.” Musàb

az-Zubayri said: “He was among those who refused to conspire on the day of the Banu Quraytha and stay away from the

conflict in the same way that Àtiyya and others did.” Ibn Hibban mentioned that he was among the reliable transmitters

from the Taabiùun. Abu Hatim said: “He was a Taabi`, and some of his prophetic traditions are mursal.” He

transmitted prophetic traditions on the authority of Umar in the Saheeh of al-Bukhari, and he was among those whose

fathers were killed among the Quraytha. 496 He was Abu Abdallah Qays ibn Sa`d ibn Ùbaada ibn Daylam ibn Haaritha ibn Abi Huzayma ibn Thaàlaba ibn

Dhareef ibn al-Khazaraj al-Ansaari as-Saaìdi. He was an amir and mujaahid, and was known as Ibn Ùbaada. He was a

Companion the son of a Companion and was the master of al-Khazraj clan and the son of their master Abu Thaabit.

This is because his father was the leader of the al-Khazraj. Qays ibn Sa`d position with the Messenger of Allah, may

Allah bless him and grant him peace held a post similar to the chief of police (saahib as-shurta) to the Amir. He was

also the standard bearer for the Prophet, may Allah bless him and grant him peace, as it will be explained, as well as his

personal attendant. He was among the astute, resourceful and clever men among the Arabs. Those who transmitted from

him were: Anas ibn Malik, as-Sha`bi, Maymun ibn Abi Shubayb, and Àmr ibn Sharhabeel. Ali ibn Abi Talib may

Allah be pleased with him appointed as the ruler of Egypt. Qays died in the last part of the khilaafa of Muàwiyya. 497 The meaning of the words of Thaàlaba, may Allah be pleased with him: “Qays ibn Sa`d al-Ansaari, may Allah be

pleased with him, who was one of the standard bearers of the Messenger of Allah, may Allah bless him and grant him

peace”; is that he was the one designated to be the standard bearer of the al-Khazraj among the al-Ansaar. It was the

practice of the Prophet, may Allah bless him and grant him peace during military expeditons to dispurse over the head

of every tribe a war standard underwhich they would fight. It has been related by Ahmad with a strong chain of

authority from a prophetic tradition of Ibn Abass: “The flag of the Prophet, may Allah bless him and grant him peace

was always with Ali, while the flag of the al-Ansaar was always with Sa`d ibn Ùbaada.” In this establishes the

lawfulness of carrying the war standard in war. The meaning of his words, may Allah be pleased with him: “…desired

to make hajj so he went on foot”; is in accordance with was added in the narration of al-Layth after the words “on foot”:

“…a young boy traveled with him leading his animal to be sacrificed.” Al-Muhallab said: “This is evidence that it is

necessary for the war standard of the Imam to be given to a well known personage, and it is foremost to be given over to

the the al-Ansaar, since this was the practice which the Prophet, may Allah bless him and grant him peace. Qays ibn

Sa`d was from among the al-Ansaar, who took a covenant with the Messenger of Allah, may Allah bless him and grant

him peace that they would fight the people all together until they said: there is no diety except Allah; for they were the

severest of people in fighting against the enemies of Islam, after those who emigrated with the Prophet, may Allah bless

him and grant him peace. It is for this reason that the al-Ansaar were the first whom the Messenger called upon with the

Muslims were routed on the day of Hunayn.” Also, in this prophetic tradition, it establishes that the war standard is not

obligated to be carried by anyone except whom the Imam has designated to do so; and it must never be picked by

anyone except one who is apart of the government. At-Tabarai said: “In this is clear proof that when the Imam

establishes an army or a military expedition that he should appoint over them an Amir who is completely reliable in his

intention, firm in his insight in fighting, who is courageous, who knows the diplomacy of managing an army and is

astute in the art of war. This is because the Messenger of Allah, may Allah bless him and grant him peace placed over

the campaign against Khaybar the best of his Companions, who was the most piercing of them in insight, the most self-

determined, and the hardest against the enemies. He then gave him the war standard and flag and gathered the entire

army under his charge. Thus, the entire Muslim army became resolute, with the resoluteness of the standard bearer in

encountering the enemies and would withdraw with his withdrawal.” He saying, upon him be peace on the day of

Khaybar: “I will give the flag today to a man who loves Allah and His Messenger, and Allah and His Messenger love

him..”, where the phrase ‘flag’ is made definite by adding the letters alif and laam in order to substantiate that this was

apart of his Sunna, may Allah bless him and grant him peace during wars. Subsequently, it is incumbent to follow his

behavior in that. It has been related that the banner of the Prophet, may Allah bless him and grant him peace was white,

and that his flag was black torn from the him of a garment of A`isha and was called ‘al-`iqaab’. Jaabir said: “The

Prophet entered Mecca and his banner was white.” Mujahid said: “The Messenger of Allah had a banner which was the

color of the earth.” It has been related that the war standard of Ali ibn Abi Talib on the day of Sifeen was red, on which

was written: ‘Muhammad is the Messenger of Allah’, and he also had a black war standard. Al-Muhallab said: “The war

standard is not to be carried except with the permission of the Imam because it is the ensign and symbol of the Imam

and his authority, Thus, it is incumbent that no one utilizes it except with his command.” The Shehu, may Allah be

merciful to him said in his Bayaan Wujuub al-Hijra in the twenty fifth secton On the Legal Judgment of Giving the War

Standard to the Amir of the Army During Jihaad: “The giving of the war standard to the Amir of the army during jihaad

is a Sunna because he upon him be blessings and peace used to do this.”

On What Has Been Related Regarding the Merits of the Reconnoiterer or Scout498

It has been related in the Saheeh of al-Bukhari on the authority of Jaabir ibn Abdallah, may

Allah be pleased with him who said that the Prophet, may Allah bless him and grant him peace, said:

“Who will bring me intelligence about the people?” This was on the Day of the Confederates. Then

az-Zubayr stood and said: “I will do it!” He then said again: “Who will bring me intelligence about

the people?” Then az-Zubayr said: “I will do it!” Then the Prophet, may Allah bless him and grant

him peace, said: “Every Prophet has a close disciple (hawaariyyan) and my close disciple is az-

Zubayr.”499

498 That is to say that this section is regarding what has been related concerning the merits of those who investigate into

the matters of the enemies, in order to be apprised of their circumstances. The etymological root of the phrase

‘reconnaisance’ (taleeà) is from the word ‘talaà’ (to be acquainted) with an affair, which means to know it and

examine the circumstances around it. For the reconnaissance of a people are those who investigate by searching into the

intelligence regarding a enemies. The use of the singular and plural are interchangeable. The reconnaissance of an army

is those from the army who investigates and makes reconnaissance of the armies of the enemies. He is sometimes called

in Arabic ‘tilaù’, where the letter taa is inflected with kasra, and is a noun taken from the phrase ‘itlaaù’ (scouting).

You say: ‘Make reconnaissance of the scouts of the enemies.’ It has been related in a prophetic tradition: “When he

would make military engagements he would dispatch reconnaissance ahead of him.” For they are people dispatched in

order to investigate and gather intelligence regarding the enemy, such as spies. One of them is called taleeà

(reconnaissance). 499 The meaning of the words of Jaabir, may Allah be pleased with him: “…the Prophet, may Allah bless him and grant

him peace, said…” is that he said it on the day of the Battle of the Trench, on the day of the Confederates. In a narration

of Wahb ibn Kaysaan on the authority of Jaabir related by an-Nisaai: “When the affair on the day of the Banu Quraytha

became grave, the Messenger of Allah, may Allah bless him and grant him peace said: ‘Who will bring me intelligence

regarding them?’ The meaning of his words, upon him be blessings and peace: “Who will bring me intelligence about

the people?”; that is, regarding the news of the Banu Quraytha. The meaning of his words, may Allah be pleased with

him: “This was on the Day of the Confederates”; is that in the month of Shawwal in the 5th year A.H., the

confederations of the Quraysh and others gathered and came to al-Medina, and the Prophet, may Allah bless him and

grant him peace had a trench dug. The Muslims received the news that the Banu Quraytha from among the Jews

violated their treaty that was between them and the Muslims and aligned themselves with the Quraysh in fighting the

Muslims. The meaning of his words: “Then az-Zubayr stood and said: ‘I will do it!’; is that I will bring you the

intelligence regarding the Banu Quraytha. He was Abu Abdallah az-Zubayr ibn al-Àwwam ibn Khuwaylid ibn Asad

ibn Abd’l-Ùzza ibn Qusay ibn Kilaab al-Qurayshi al-Asadi, the disciple of the Messenger of Allah, may Allah bless

him and grant him peace. He was his paternal cousin and his mother was Safiya bint Abd’l-Muttalib. She was given the

honorific name of Umm’t-Taahir by the honorific name of her brother az-Zubayr ibn Abd’l-Muttalib. He was one of the

ten people given the Good News of Paradise, and one of the six of the Companions of the Consultation Assembly. He

was given the honorific name of his oldest son Abdallah, with which he became well known. He accepted Islam when

he was twelve years old, while some say he was eighteen years old. Az-Zubayr made the two emigrations to Abyssinia

and al-Medina. Ùrwa once said: “Az-Zubayr was so tall that his feet would nearly touch the earth when he was riding a

horse.” It has been related by az-Zubayr ibn Bukaar by way of Hishaam ibn Ùrwa on the authority of his father on the

authority of Abdallah ibn az-Zubayr who said: “I once asked az-Zubayr about the reason for the limited amount of

prophetic traditions related by him from the Messenger of Allah, may Allah bless him and grant him peace and he said:

‘There was between me and him a kinship and closeness, which is well known; however I heard him say: ‘Whoever

says about me what I have not said, then he has prepared a place for himself in the Fire’.” It was related by Ibn Sa`d on

the authority of Ùrwa and Ibn al-Musayyib both who said: “The first man to unsheathe his sword for the sake of Allah

was az-Zubayr.” Ibn Sa`d also related with a sound chain of authority on the authority of Hisham on the authority of his

father who said: “Az-Zubayr wore a yellow turban tied on his head on the day of Badr, and the Prophet, may Allah bless

him and grant him peace said: ‘Indeed, even the Angels have descended looking like az-Zubayr’.” Ya`qub ib Sufyan

related on the authority of Mutià ibn al-Aswad that he once wanted advice from az-Zubayr who refused and he then

said to him: “I ask you by Allah and the rights of kinship, that you not refuse me, because I heard Umar once say:

‘Indeed az-Zubayr is a pillar of the pillars of the religion’.” Az-Zubayr was killed after he renounced the fighting on the

day of the Camel, soon after Ali had reminded him of something which the Prophet, may Allah bless him and grant him

peace said about both of them. It has been related by Abu Yaàla by way of Abu Jaraa al-Maazini who said: “I

witnessed Ali and az-Zubayr talking with one another on the day of the Camel. Ali said to him: ‘I bring Allah as a

witness, did you not hear the Messenger of Allah, may Allah bless him and grant him peace say: ‘Indeed you will fight

against Ali, and you will be unjust towards him’? He said: ‘Yes, but I did not remember that until now’. He then

renounced the fighting.” Ibn Sa`d related a tradition with a sound chain of transmission on the authority of Ibn Abass

that he said to az-Zubayr on the day of the Camel: “Have you come here in order to fight the son of Abd’l-Muttalib?’

then az-Zubayr returned and eventually encountered a man named Ibn Jurmuz who killed him. Then Ibn Abass came to

Ali and said: ‘Into where will the killer of Ibn Safiyya enter?’ He said: ‘Into the Fire’! He killed him in the month of

Jumad’l-Ulaa in the year 36 A.H. and he was 66 or 67 years old.” The man who killed him was from the Bani Tamim

whose name was Àmr ibn Jurmuz. He killed him treacherously in a place called Wadi as-Sabaa`. The meaning of his

words, may Allah be pleased with him: “He then said again: “Who will bring me intelligence about the people?”; is in

accordance with another narration: “He said it three times.” The meaning of his words, may Allah be pleased with him:

“Then az-Zubayr said: “I will do it!”; is that az-Zubayr faced him with that answer three times. The meaning of his

words, upon him be blessings and peace: “Every Prophet has a close disciple (hawaariyyan) and my close disciple is az-

Zubayr”; is that he has a special position among his Companions. It is said that the close disciple (huwaariy) means

helper (naasir), from which is derived the epiteth ‘Huwaariyuun’ (the Disciples) from the companions of the Messiah,

upon him be blessings and peace. The name indicates that they were his intimate spiritual companions and close

helpers. Its etymological root is from the phrase ‘tahaweer’ (to bleach), which means to whiten. It is said that these

Disciples used to bleach and whiten cloth, that is to say, they made cloth white. As for its meaning in this particular

prophetic tradition al-Muhallab said: “In this establishes that the one involved with reconnaissance necessitates being

names assistant because Messenger named him close disciple. For the one involved in reconnaissance is a helper, whose

recompense in the war effort is equal to if not better than the recompense of the actual combatants and defense forces.

From this establishes the evidence of the soundness of opinion of Malik that the one who does reconnaissance for a

gang of robbers are to be fought and killed along with the band of robbing warmongers, even when they do not

participate directly in the fighting or the plundering of wealth.” In a side note: This is decisive evidence in these times

for the obligation of the Mujaahiduun in Somalia, to fight against the warmongering pirates plaguing the seas off the

coast of their lands. Abd’r-Razaaq said on the authority of Muàmir on the authority of Qatada who said: “The close

disciple is the wazeer (chief government adviser).” Thus, in the words of the prophetic tradition: “Every Prophet has a

close disciple (hawaariyyan) and my close disciple is az-Zubayr”; establishes the excellent virtue required of the

wazeer, the vigor of his heart, and the soundness of his certainty. In his words: “Who will bring me intelligence about

the people?” establishes the permissibility of a man traveling alone by himself, and that the prohibition of traveling

alone has to do with when there is no real requirement to do so. About this al-Muhallab said: “With the praise to Allah,

there is no contradiction in this in the difference of the meaning in the two prophetic traditions where he may Allah

bless him and grant him peace said: ‘The one who rides alone is a devil’ in reference to the traveler who travels by

himself, because he is not sociable with anyone and there is no normal event that eases the provision of traveling which

causes him to occasionally stop his journey; like the devil, who is not sociable with anyone and who seeks solitude in

order to mislead him by bringing to his mind all kinds of matters of ruin and the devising of corrupt passions. Thus, the

prophetic tradition is an incitement to companionship, to be attentively aware of those things which could cut off one’s

journey, journeying across vaste portions of the earth accompanied with excellent stories, and good assistance in

provisions. While the story of az-Zubayr is the opposite of this, since he was dispatched to do reconnaissance alone as a

spy against the Quraysh in their objectives in making war against the Messenger. If it were possible for them to know

this without reconnaissance then it would have been safer and more inconsequential; but the Messenger wanted to

clarify to us the permissibility of a justification in that for the one who is self censuring, and whose journey will end up

bringing some generous benefit to the Muslims, and protection for the religion. Thus, whoever goes out on a perilous

journey like this from the concerns of Allah, then Satan will not approach his ears in order to deceive him. On the

contrary, he has protection from Allah.” I say: his usage, upon him be peace in this prophetic tradition of the idiom

‘close disciple’ in reference to the person who does reconnaissance is a subtle indication to a meaning more significant

and immense than its apparent meaning. This is because Al-Azhari said: “The close disciples are a class of initimate

spiritual companions of the Prophets, upon them be blessings and peace.” Thus, the meaning of this title with the People

of Allah, as I explained in my commentary upon the Munaajaat of Shehu Uthman ibn Fuduye` and my commentary

upon his book Ùmdat’l-Mutaàbideen wa’l-Muhtarifeen: “Now the name ‘Huwaariy’ (close disciple) refers to a

singular individual in every age; there are never two at the same time. When one dies another one takes his place.

During the time of the Messenger of Allah, may Allah bless him and grant him peace, az-Zubayr ibn al-Àwaam was

the possessor of that spiritual station, due to the extensive assistance he provided with his sword to the cause of Islam.

The Prophet, may Allah bless him and grant him peace said: “Az-Zubayr is my paternal cousin, and he is the Huwaariy

of my Umma.” For the Spiritual Disciple is the one who gathers in himself two qualities in giving victory to the

religion: the sword and decisive evidence. For this he is given knowledge, a unique idiom of expression, decisive

On What Has Been Related Regarding the Benefits of One Who Prepares a Warrior or

Leaves Good for His Family500 It has been related in the Saheeh of al-Bukhari on the authority of Zayd ibn Khalid, may

Allah be pleased with him,501 that the Messenger of Allah, may Allah bless him and grant him peace,

said: “Whoever prepares a warrior in the Way of Allah, has himself fought. Whoever takes care of

the needs of those dependents the warrior in the Way of Allah have left behind, has himself

fought.”502

proofs, as well as the sword, courage, undauntedness, and fighting ability, all utilized in the establishment of decisive

proofs in giving victory to the revealed religion.” O Allah make us among them by the rank of the Prophet, upon him

from You be the best of Your blessings and the most perfect of Your peace. 500 That is to say that this section is an explanation of the merits of those who equip and supply a warrior by facilitating

the supply of instruments of war or the causative factors for his journey, or by leaving behind a financial stipend for his

family; and what this person obtains of recompense from Allah taàla. 501 He was Abu Abd’r-Rahman Zayd ibn Khalid al-Juhni. He was present at Hudaybia along with the Messenger of

Allah, may Allah bless him and grant him peace. He transmited prophetic traditions from the Prophet, may Allah bless

him and grant him peace, from Uthman, Abu Dharr, Aìsha, Abu Hurayra, and Zayd ibn Sahl. Among the Companions

who transmitted from him were: as-Saa’ib ibn Yazid al-Kindiy, as-Saa’ib ibn Khalaad al-Ansaari, and Abu Àmrat al-

Ansaari. Those among the Taabiùun who transmitted from him were: Ùbaydallah ibn Abdallah ibn Ùtba, Saìd ibn al-

Musayyib, Abu Salma ibn Abd’r-Rahman, Bisr ibn Saìd, Àtaa’ ibn Yasaar, Ùrwa ibn az-Zubayr and others beside

them. He died in al-Medina in the year 78 A.H. during the khilaafa of Abd’l-Malik ibn Marwaan at the age of 85. 502 The meaning of his words, upon him be blessings and peace: “Whoever prepares”; is that the term ‘jahhaza’

(prepares) is from the noun ‘tajheez’ (furnishing equipment) and means supplying instruments of war and the causative

factors for his journey whether little or much. The meaning of his words, upon him be blessings and peace: “…a warrior

in the Way of Allah…”; is in a jihaad. In another narration he said: “…until he is ready”, which means until the

preparation is complete. The meaning of his words, upon him be blessings and peace: “…has himself fought”; is that he

has fought legally, and has obtained the recompense of the actual warrior he prepared. Ibn Hibban said: “This means

that he is just like him in recompense eventhough he did not fight in reality.” At-Tabari said: “In this establishes that

whoever assist a believer in a virtuous action, then for the one who gives assistance is the same reward of the one who

actually does it. Similarly, the one who gives assistance in disobedience to Allah azza wa jalla is a partner in the error

and sin of the one he assisted. It is for this reason it is forbidden to sell weapons, like swords to those involved in civil

strife, and why the curse is upon those associated in every aspect of intoxicants.” I say: This is decisive proof against

those who prepare, give assistance to, or provide financial support for belligerent warmongers and terrorists who fight

and kill people without the authorization of a Sultan, and who have gone outside of every prerequisite of jihaad. For the

legal judgment regarding those who assist them is the same as their legal judgment and their recompense should be the

same. This is because whoever gives assistance in an evil action has the same reward as the one who commit the same

act. In this is a warning in these times because the governments of the disbelievers make no distinction in their legal

view between the belligerent terrorist warmongerer and that of a Muslim mujaahid fighting in the Way of Allah

defending his homeland. In the legal code of the disbelievers there is no difference between them. For this reason,

although we recognize the permissibility of equiping Muslim mujaahiduun by any causative factor possible, yet if, for

example, an American Muslim were to equip a Muslim warrior in the lands of Islam in defending themselves from the

dominance of the disbelievers in their land, by any means, then his action will be considered a violation of the laws of

the disbelieers, and to them it is considered a crime; eventhough such action is permissible according to the sharià. The

disbelievers have barred every path for Muslims residing underneath their sovereignty from giving assistance by

equipping the mujaahiduun; thus those who assist them from among them is considered in the legal view of the

disbelievers like them. For this reason they have an excuse in abandoning equipping them because apart of the

prerequisites of providing assistance is ability. Subsequently, in this case, they are obligated to fall back on the most

perfect manner of giving assistance to the warriors, and the most complete manner of equipping them, which is

supplication and remembrance of Allah taàla. This is because the Messenger of Allah, may Allah bless him and grant

him peace said: “Supplication is the weapon of the believer.” He also said: “Indeed Allah gives assistance to this Umma

by means of the oppressed among them, by means of their supplications, prayers and sincerity.” In reality the best form

of providing assistance to the mujaahiduun, in such case is by making supplication for their victory from Allah taàla

and asking Him to give them success in their jihaad. The disbelievers cannot ban supplication and the remembrance of

Allah taàla; nor can they include those who do so within the purview of their legal system; although in the inward the

judgment of those who do so is the same as the judgment of the mujaahiduun. Rather, their judgment is better than the

actual warriors because it is their supplications which are the causative factor for the assistance of Allah taàla to them,

and Allah knows best. The meaning of his words, upon him be blessings and peace: “Whoever takes care of the needs of

those dependents the warrior”; is that he stands in his place after him and becomes a substitute in taking care of the

needs of the affairs of his family. The meaning of his words, upon him be blessings and peace: “…in the Way of Allah

have left behind, has himself fought”; is in accordance with what was added in the narration of at-Tabarani on the

authority of Zayd ibn Thabit: “…or he provides financial assistance to his family, then he will have the reward like his.”

Al-Qadi Ìyad said: “What is meant by being the substitute in the needs of his family, is that he stands in his place in

taking care of the welfare of their circumstances, and guarding their affairs. This means that whoever oversees the

affairs of a warrior, and represents him in managing the affairs of his family during the time of his absence, becomes a

partner with him in the reward. This is because the warrior has left a vacuume for him to do so, and his preoccupation

with it by reason of establishing the affairs of his dependence is as if he is a factor from the warrior’s own actions.” Ibn

Hibban said: “This means that he is like him in recompense, even when he himself does not actually fight.” Further, it

was related from another prespective, a narration on the authority of Bisr ibn Saìd, with the expression: “…he will have

written for him his same reward without the reward of the warrior being dimished in the least.” Both Ibn Maja and Ibn

Hibban related a similar prophetic tradition from Umar, with the words: “Whoever equips a warrior until he is prepared,

will have a similar reward until he dies are he returns home.” From this there are two advantages: the first is that the

above mentioned promise of reward is connected to the completion of the preparation, which is what was meant by his

words: ‘…until he is prepared…’; the second is that he is the same as him in recompense and his wealth is enhanced

until that particular military engagement has been completed. It has been related by Ahmad and at-Tabarani on the

authority of Sahl on the authority of Hanif that the Messenger of Allah, may Allah bless him and grant him peace said:

“Whoever assists a mujaahid in the Way of Allah or assists a warrior regarding his dependents, or assists a scribe in his

bondman, Allah will shade him with His shade on a Day when there will be no shade except His shade.” Al-Muhallab

said: “The Messenger of Allah, may Allah bless him and grant him peace necessitated for such a person the same

actions figuratively and in scope, eventhough he did not actually perform the same action, yet he obligated for him the

same recompense.” At-Tabari said: “Whoever assist a person who establishes the rights of Allah either with himself or

his wealth until he overcomes the falsehood by making things easy for him, will have the same reward as the person

who establishes these rights. Subsequently, this is the same in the remainder of virtuous actions. If this is the judgment

for the one who assists someone in virtuous actions, then the likeness of the one who assists another in disobedience to

Allah, and in what Allah dislikes, then he will have the same recompense in error and sin of the one who does it.” This

is the same judgment for the one who gives assistance to a belligerent combatant, warmongerer and terrorist as it has

been related by al-Bukhari, Muslim and Ibn Maja on the authority of Abu Hurayra who said that the Messenger of

Allah, may Allah bless him and grant him peace said: “Whoever assists in killing a believer, even with half a word, will

meet Allah on the Day of Judgment and written between his eyes will be the words: ‘Free of the mercy of Allah’!” In

the narration of al-Bayhaqi on the authority of Ibn Umar it states: “Whoever assists in drawing of blood of a fellow

Muslim, even to the extent of half a word, will have written between his eyes on the Day of Judgment: ‘Free of the

mercy of Allah’!” From this one can extract the legal judgment regarding those who assist the disbelievers against the

Muslims. Some of the scholars such as Shaykh Muhammad ibn Abd’l-Karim al-Maghili and he was followed in this by

the Shehu, may Allah be merciful to him, that whoever assists the disbelievers against the Muslims is an absolute

disbeliever because he adorns the Truth with falsehood due to the disbelievers, he makes permissible what Allah azza

wa jalla has made forbidden, and he assists the disbelievers in their armies against the believers. This is a clear sign of

hypocrisy as Allah taàla says: “O you who believe do not take the disbelievers as protecting friends over and above the

beliervers. Do you desire that Allah should have over you a clear proof? Indeed the hypocrites will be in the lowest

depths of the Fire, and they will not find any helpers.” While some of the scholars said that giving assistance to the

disbelievers against the Muslims is not itself disbelief, but rather an act of disobedience, as Shaykh Abdullahi ibn

Fuduye` said in his Diya as-Sultan: “As for declaring unrestrictedly as disbeliever those who assist the disbelievers in

their armies against the armies of the Muslims, this it is not clear with me, because the verse which al-Maghili cited was

revealed regarding those who give assistance to the disbelievers in their disbelief, which is the actions of the hypocrites;

since this verse was revealed about them, as the people of Qur’anic exegesis clarified. For assisting them in their

disbelief is itself disbelief. As for assisting them in disobedience, then this is not absolute disbelief, especially if he does

not consider that his actions are permissible. This is because the act of dispatching an army against Muslims does not

constitute an absolute act of disbelief by itself. On the contrary, it is an act of disobedience, as long as he does not

interpolate that his assisting them is lawful. For, if a thing is not disbelief in of itself, then how can a thing which is a

means to it be considered disbelief?” The proof that this is merely and act of disobedient, eventhough it is among the

major sins is the words of Allah taàla: “If they truly believed in Allah in the Prophet, and in what was revealed to him

On What Has Been Related Regarding That If the Prophet, may Allah less him and grant him

peace, Did Not Go Out to Fight in the Beginning of the Day, He Would Delay Going Out Until

the Sun Had Descended503

It has been related in the Saheeh of al-Bukhari on the authority of Saalim Abu’n-Nadr504 the

freedman of Umar ibn ‘Ubaydallah and his scribe505 said: “Abdallah ibn Abi Awfa, may Allah be

pleased with him506 once wrote to him and I read it:507 “The Messenger of Allah, may Allah bless

him and grant him peace, during some of his days he engaged the enemy would wait until the sun

had descended.”508

they would have never taken them for protecting friends, however, most of them are corrupt sinners.” So, the least that

can be said about the one who assists the disbelievers against the Muslims is that he is a disobedient sinner. This is the

same for the venile scholars in these times who rush to the governmental authorities of the disbelievers, giving

assistance to them in their injustice against the believers. It is also said that these are hypocrites as Allah taàla says:

“Announce to the hypocrites that for them is a painful punishment; those who take the disbelievers for protecting friends

over and above the believers. Do they desire honor with them, when all honor is with Allah?” It is said that they are

merely venile scholars the helpers of Satan, as he upon him be peace said in a narration of Ibn Àsakir on the authority

of Ibn Masùd: “Whoever assists a tyrant, Allah will subjugate him under him.” This means that he will place him under

his sovereignty in his injustice, sin and treachery. This is also corroborated by his words, upon him be peace as it was

related by Abu Nuàym on the authority of Anas: “The scholars are the trustees of the Messengers over the servants of

Allah, as long as they do not intermix with the rulers, or use their knowledge to enter into worldly affairs. For if they

intermix with the rulers, and use their knowledge to enter into worldly affairs, then they will have acted treacherously

towards the Messengers. Therefore, you should be aware of these scholars and avoid them.” What is meant by rulers in

this prophetic tradition are the rulers of the disbelievers, because it is an obligation for the scholars to give sound advice

to the rulers of the Muslims as it has been related in the sound prophetic traditions. Examine, may Allah five you

success, that he, upon him be peace did not declare the venile scholars as disbelievers, due to their giving assistance to

tyrants, or by their hobnobbing with the rulers of the disbelievers. This is because their actions do not constitute

absolute disbelief in and of itself. Rather, it is an act of disobedience, albeit is among the biggest of the major sins, and

Allah knows best. 503 That is to say that this section discusses what the Prophet, may Allah bless him and grant him peace did when he did

not fight during the first part of the day, then he would postpone fighting until the sun descended from its zenith. The

wisdom in this is that when the sun descends it then brings about the winds of victory, the fighters become firm in their

fighting at times of coolness and the gale of the winds because whenever war takes place the warriors become heated

and feverish due to the dynamics of their movements and due to what they are burdened with from their weapons. Thus,

the winds heralding the coming of the evening cools them from their heat, refreshes them and lightenes their bodies,

unlike during intense heat; as al-Àyni cited in his commentary on the Saheeh of al-Bukhari. 504 See footnote # 214 for a brief biography of Abu an-Nadr Saalim ibn Abu Umayya. 505 This is because Àmr ibn Ùbaydallah al-Medini at-Taymi al-Qurayshi was appointed as the Amir over the lands in

Persia. 506 He was Abu Muàwiyya Abdallah ibn Abu Awfa Àlqama ibn Khalid ibn al-Haarith al-Aslami al-Kufi. He was a

jurist who lived a long age. He was from among the people who made the Oath fo Fealty. He made military

engagements with the Prophet, may Allah bless him and grant him peace six times. He transmitted a number of

prophetic traditions from the Prophet, may Allah bless him and grant him peace. Those who transmitted from him were:

Ibrahim ibn Muslim al-Hijri, Àtaa’ ibn as-Saa’ib, Sulayman al-Àmash, Abu Is’haq as-Shaybani, Talha ibn Musrif and

others. When he reached an advanced age he lost his eyesight. He was among those who were blessed to achieve the

prophetic supplications where the Prophet, may Allah bless him and grant him peace was once given the obligatory

alms by his father, and the Prophet, may Allah bless him and grant him peace said: “O Allah send blessings upon the

family of Abu Àwfa.” He died in the year 85 A.H. and his age at that time, may Allah taàla be pleased with him, was

close to 100 years. 507 Here ends facsimile 49 of the Arabic manuscript. 508 The meaning of the words of Abu an-Nadr, may Allah taàla be pleased with him: “Abdallah ibn Abi Awfa, may

Allah be pleased with him once wrote to him”; The meaning of his words, may Allah taàla be pleased with him:

“…and I read it”; is that Saalim read it because it was lawful for him to do so since he was his scribe. It is a right of the

scribe of an Amir to read the letters of his Amir with his permission. The meaning of the words, of Abdallah ibn Abi

On What Has Been Related Regarding the Order to Be Patient When Engaging the Enemy

It has been related in the Saheeh of al-Bukhari on the authority of Saalim Abu’n-Nadr who

said: “Abdullah ibn Abi Awfa wrote and I read it: “The Messenger of Allah, may Allah bless him

and grant him peace, said: “When you encounter them, be patient.”509

Awfa, may Allah taàla be pleased with him: “The Messenger of Allah, may Allah bless him and grant him peace,

during some of his days he engaged the enemy would wait until the sun had descended”; is until it had descended from

its zenith. This prophetic tradition of Abdallah ibn Abi Awfa with the meaning of its obvious interpolation, is

nevertheless narrated without the additional preceding words: “If he did not fight in the first part of the day…”; is as if it

is pointing to what was transmitted in some of other paths of transmission. For example it was related by at-Tirmidhi

from the prophetic tradition of an-Nu`man ibn Muqarrin who said: “I once made a military expedition alongside the

Prophet, may Allah bless him and grant him peace. When the dawn appeared he would wait until the sun had appeared.

When it had fully risen he would fight. Then when the day reached midday, he would cease fighting. Then when the sun

had descended from its zenith, he would fight until the time of àsr. He would then cease fighting until he had prayed

the àsr prayer and then he would resume fighting. He would say at that time: ‘The winds of victory have been

aroused!’ The believers would then supplicate for their armies in their prayers.” It has been related by Ahmad in his

Musnad from a prophetic tradition of Abdallah ibn Abi Awfa who said: “The Prophet used to love to start out against

his enemies with the descent of the sun from its zenith.” It was related by at-Tabarani in a prophetic tradition of Ùtba

ibn Ghazwan as-Salami who said: “We were present with the Messenger of Allah in a war. When the sun descended

from its zenith he said to us: ‘Bear your arms!’ So we all took up our arms.” He also narrated in a prophetic tradition of

Ibn Abass: “The Messenger of Allah, when he had not encountered the enemy in the first part of the day, would

postpone fighting until the winds had been arounsed, which was during the times of prayer.” In a narration of Saìd ibn

Mansuur from another perspective on the authority of Ibn Abi Awfa who said: “The Messenger of Allah, may Allah

bless him and grant him peace would take a respite just when the sun had descended from its zenith, then he would start

out against the enemy.” In the prophetic tradition of an-Nu`man ibn Muqarrin who said: “If he had not fought in the

beginning of the day, he would wait until the winds were aroused and time of the prayers approached.” It has been

related by Ahmad, Abu Dawud, at-Tirmidhi and Ibn Hibban from another direction and who verified its soundness, in

which it states: “…until the sun had descended from its zenith, the winds were aroused and victory descended.” What is

apparent in all of these narrations is that the advantage of postponing the fighting until the times of the prayer, is

because it was the most likely place for the answering of supplications as well as the time of arousing of the winds in

which victory was granted over the Arab confederates. Thus, this time became the likely time for this. In this is an

immense secret regarding the desired time for the victory of Allah taàla. For this reason, the Shehu, may Allah taàla be

merciful to him ordered those who desired victory over their enemies and their destruction that he recites his litany, the

al-Munaajaat three times after the dhuhr prayer, and his enemies and oppressors will be destroyed. He should recite it in

this manner for three days. There is no doubt that before his eyes, the destruction of his enemies, and those who envy

him will commence, even if they be the mightiest of the tyrannical governments. I have tested this and found it to be

sound, and to Allah is the praise. 509 The meaning of the words of Saalim, may Allah be pleased with him: “Abdullah ibn Abi Awfa wrote and I read it”;

is that it was from the same letter mentioned in the preceding prophetic tradition. The meaning of his words, upon him

be blessings and peace: “When you encounter them”; is that when you encounter the enemy in jihaad. The meaning of

his words, upon him be blessings and peace: “…be patient”; is that you should be steadfast and firm and not manifest

anything from the suffering which may occur to you from them. The meaning of the imperative expression ‘be patient’

is by way of incitement and being highly recommended, not as an obligation because the only obligation which Allah

has made incumbent upon the Muslims in encountering the enemies is obeying the order to fight. As for anything more

than that is ordered by way of incitement and being highly recommended. For, being patient during fighting is

suppressing whatever pain one suffers without manifesting one’s complaints and anxieties to others. This is excellent

patience. Al-Muhallab said: “Patience is the causative factor of every good. Allah has given textual evidence for this in

many places in His Book. Further, the Prophet, may Allah bless him and grant him peace ordered people to be patient

during the encounter with enemies, with the hope of attaining the baraka which is innate within patience; so that the

people would not be diverted by sluggishness and cowardliness which are the two destructive debarments in this life

and the Next. Further, patience for what is desired in this life and the Next is the guarantee for realizing them.” In the

beginning of the above cited prophetic tradition he upon him be peace said: “Do not be over anxious in encountering the

enemy, but ask Allah for well being, and when you encounter them, be patient.” Some of the scholars hold the opinion

that this is clear prohibition against being overly anxious for encountering the enemies, due to what is in this attitude of

the aspect of self conceit, over reliance on one’s own abilities, and because it is a type of despotism. For Allah has

guaranteed the one who is treated despotically that He will surely assist him; and because this attitude also involves

paying little regard to the enemy and havng disdain for him; which are diametrically opposed to being circumspect and

resolute. Some of the scholars said: “The prohibition against being overly anxious to encounter the enemy is in its

outward form only, especially when there is doubt that there will be any benefit in that, and that it will be the cause of

harm afflicting the army. If this is not the case, then fighting altogether is a virtue and a form of obedience which it is

lawful to be overly anxious about.” In this regard Shaykh Abdullahi ibn Fuduye` said in his Diya’l-Qawaaìd: “As-

Suyuti said: ‘It is not lawful to be overly anxious for death except in military encounters against enemies during jihaad,

in sacred places of honor, and in times of tribulation’.” Included in being overly anxious in encountering the enemy is

the idea of calling enemies out for a duel. Ibn al-Mundhir said regarding the permissibility of challenging opponents to a

duel, as well as at-Thawri, al-Awzai`, Ahmad and Is’haq held the view that a person challenging an enemy and inviting

him to a duel should only be done with the permission of the Imam; while, Malik and as-Shafi` permitted this without

the permission of the Imam. Al-Hassan al-Basri considered it reprehensible. Malik and as-Shafi` said further that when a

disbeliever demands a challenge of a duel then it is highly recommended to go out against him, and that it is better for

the one who is an experienced fighter coupled with the permission of the Imam. Malik was once asked about a man who

shouts out between the two opposing lines: “Who wants to duel?” He said: “This is only permissible if he desires by

that the contenance of Allah taàla, and it is hoped that no harm will result from that. It used to be done in past times.”

Anas ibn Malik said: “Al-Bara’ ibn Malik challenged the disbeliever Marzaban to a duel and killed him.” Abu Qatada

said: “I once challenged a man on the day of Hunayn to a duel and I killed him. Then the Messenger of Allah gave me

his spoils.” In neither of these transmission is there any mention of seeking permission to make a challenge. However, it

has been related on the authority of Ali ibn Abi Talib, the master swordsman and duelist, may Allah taàla be pleased

with him and ennoble his face that he once said to his son: “O my son, do not invite anyone to a duel. However whoever

invites you to a duel, then go out against him, because he is a despot. Allah taàla has guaranteed that He will assist the

one who is the target of despostism.”

On What Has Been Related Regarding Making Supplication Against the Kufaar During

Times of War, Conquering and Violent Repercussions510

510 That is to say that in this section is a discussion of what has been related regarding the permissibility of making

supplication against the disbelievers unrestrictedly, during the times of war, defeat and social upheavals. As for making

supplication against the disbelievers unrestrictedly, there is some disagreement. Some of the scholars said that it is not

permissible to make supplication against the disbelievers with whom there is a social contract between them and the

Muslims, like the social contracts of: protection (amaan) with its prerequisites; conciliation (sulh) with its prerequisites;

armistice (muhaadina) with its prerequisites or the paying of jizya with its prerequisites. Rather, in such cases it is

obligatory for the Muslims to make supplication for them for good, well being and that sound faith enters their hearts.

This is because of what is between them and the Muslims constitute a binding social contract and a trust. Allah taàla:

“Adhere to your contracts, for indeed contracts are answerable.” Allah taàla also says: “…and those who are

scrupulous regarding their trusts and contracts.” For when the Muslims supplicate against a people with whom they

share a binding legal contract, then this is a form of treachery. It is therefore not lawful to supplicate against the people

with whom there is a binding social contract except when they violate that social contract. Some of the scholars,

however permit making supplications against the disbeliever unrestrictedly with the descent of the Verse of the Sword,

where Allah taàla says: “Freedom from obligation is proclaimed from Allah and His Messenger towards those of the

idolaters with whom you made a social contract”; up until His words: “Excepting those of the idolaters with whom you

have a social contract, and who have since abated nothing of your rights, nor have they supported anyone against you.

Therefore fulfill the treaty with them until their term. Indeed Allah loves those who are fearfully aware.” But, when the

disbelievers violate the social contract held between them and the Muslims; that is, that they violate some of the

prerequisites of the social contract with treachery, social discrimination and domestic colonization, such as preventing

the religious covering of Muslim women in their lands, their blaspheming of the Prophet, may Allah bless him and grant

him peace, their imprisoning innocent Muslim men, their murdering of the leaders of the Muslims in their lands without

right, and other than these. It is then lawful for the Muslims to supplicate against them unrestrictedly, because

supplication in this regard constitutes a form of jihaad. It not lawful to interpolate the lawful social contract which Allah

taàla mentions in His Mighty Book to mean the contract of ‘naturalization’, attaining a visa, or citizenship in the lands

of the disbelievers as some of the modernists among the jurists and their disciples interpolate it in these times. This is

because this interpolation conflicts with the text of the Book, the Sunna and the consensus in the prohibition of Muslims

making emigration to the lands of the disbelievers, and residing underneath their sovereignty without a social contract

binding by the sharià. As for the mentioned social contract which is binding by the sharià it is as al-Qaadi Modibo

Abdullahi ibn Bellel said in his Risaalat wa Naseeha in the second research regarding the truce: “It is as Ibn Arafa said:

“The terms of truce is 'the making of peace' (al- musalahah). It is the treaty of the Muslims with the belligerent (al-

harbiyu) on peaceable terms (al-musalahah). That is, a truce for a limited term, wherein he (the belligerent) is not under

the jurisdiction of al-Islam. However, this stipulation does not include the giving of protection (al-aman). For the

bounds and conditions of giving protection are defending the life of the belligerent and defending him from enslavement

and seizing of his wealth. That is, up until he initiates fighting or until he is wholly determined to settle under the

jurisdiction of al-Islam for some time.” Therefore, if you have considered and understood the limits or boundaries of the

terms of truce (al-muhadinah), then you have realized that it is a means of assuring peace wherein the Muslims can

remain under the jurisdiction of al-Islam. When they perceive from themselves weakness, due to the strength of the

disbelievers, then they should make peace with the disbelievers on terms of truce. This is in order to prepare for

eventual fighting and in order to gather strength for the jihad countering the strength of the disbelievers. Thus, the terms

of truce should be made on the condition that the Muslims not be under the jurisdiction of the disbelievers. This is the

reality of making peace (al-musalaha). I mean by that, an armistice wherein there is the endurance of al-Islam and the

continuance of the Muslims under their own jurisdiction. This is the first motive for the terms of truce. Or that it is that

the Muslims make a treaty with the disbelievers in order that some of the Muslims residing among the disbelievers can

find a way to make hijra (emigrate). Or that it is that the Muslims may enter among the polytheist in order to teach them

the religion of Allah and the laws of al-Islam. So that he that does not know the religion may know and so that

whomever Allah has decreed for him al-Islam may become Muslim. This class of term of truce was the essential motive

for the treaty of Hudaybiya. Likewise, al-Ubbi` said in his commentary upon Saheeh of Muslim: “Some of the benefits

of the brilliant treaty that occurred at al-Hudaybiya was the conquering of Mecca and the making of its people Muslim.

For the people entered into the religion in large numbers because of it. For when the treaty occurred, some of the people

began to fraternize with one another. And some of the people of Mecca visited the Prophet, may Allah bless him and

grant him peace, and entered Medina. The Muslims, in turn, went to Mecca and the people heard from them of the

reputation of the Messenger of Allah, may Allah bless him and grant him peace. As a result, they came to know, in

detail, about some of his apparent miracles, the signs of his prophethood, and the perfection of his character. They also

witnessed some of that themselves and their hearts became full with faith (al-Imaan) and they believed. So what can be

greater than these benefits; which are the growth of Islam by strength and in number and the subsiding of disbelief and

its decline until, eventually, falsehood perishes.” However, if the terms of truce (al-muhadinah) results in the opposite

of the above, then no one among the scholars said that it was permitted. Like the terms of truce with the Christians in

these times. This is because their offer of terms of truce will only amount to promote the diminishing of al-Islam and its

people; which is the necessary result of the Christian Europeans entering among the people of al-Islam. This will result

in the Muslims being stamped with their destructive characteristics and blameworthy customs and the Muslims will

eventually imitate the Europeans illicit way of life. This will go on until the weak hearted ones among the Muslims

grow fond of their customs and become laden with corruption. Eventually, the youth will mature molded in the pattern

of the European way of life. The women and children will become fascinated by them and began to dress themselves

with their adornment until when the amply honored Sunna of the Prophet perishes and pitch black innovation (bidà) is

revived. This state of affairs will continue until their European way of life prevails and spreads. Thus, the Muslims

become humiliated because of their entering under the domination of the Christians. TRULY WE BELONG TO

ALLAH, AND TO HIM WE WILL RETURN!” For this is the case, then what is the case of a social contract between

the Muslims and disbelievers where they manifest their way of life in a conquering and vainglorious manner, their

preventing the legal judgments of the commands and prohibitions of the Muslims to abide in their own lands, their

invasion of the lands of Islam, their killing of the people of Islam, even children, women and the elderly, their soldiers

entering into which place they choose such as the masaajid, the madaaris and private homes. All of this is a clear

violation of what is obligatory within the prerequisites of a lawful social contract. Thus, maintaining a social contract

with these warmongering disbelievers will eventually lead to the extermination of Islam and the complete destruction of

its pillars little by little until its destruction is complete. Even if, the contract implicite within naturalization, receiving a

resident visa and citizenship were actually established within the sharià, as some of the modernist jurists and their

disciples in these times claim, still these same contracts have been openly violated by the disbelievers by reason of their

fighting the Muslims in their lands. The scholars are unanimous regarding that among the prerequisites of the social

contract is that it be free of false conditions, such as the disbelievers fighting and killing Muslims. Thus, this ‘legal

decision’ has become the source of the schemes of Satan in these times of ours. Therefore, if the social contract is

constructed upon these false premises, then emigration (hijra) is then obligatory by all means based upon the consensus

of the Muslims regarding the prohibition of a Muslim residing underneath the sovereignty of the beilligerent

disbelievers. If this situation is like that, then it is also lawful for the Muslims to supplicate against the disbelievers

unrestrictedly. Allah taàla says: “Allah does not love the utterance of harsh speech, except for the one who has been

oppressed.” The Erudite authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said

regarding the meaning this verse in his Diya ‘t-Ta’weel Fee Maàna at-Tanzeel: “Allah does not love the utterance of

harsh speech”; that is from anyone, and this is the same for secretive harsh speech. However, utterance of harsh and evil

speech is more grievous for which Divine punishment can result; “…except for…’; the harsh utterance from; “…the one

who has been oppressed”; for a person cannot be judged for informing about the injustice of an oppressor, but he should

not go beyond that. Thus, the meaning of the verse is that it is not lawful to manifest the hidden circumstances of the

people except for the one who has been oppressed; by his saying: ‘He stole from me’; or ‘He coerced me against my

will’; or if someone insults him that he has the right to insult him with what he was insulted with. Allah taàla says:

‘And whoever defends himself after being oppressed, for such there is no way of blame against them.’ It is related in a

prophetic tradition: ‘When two people insult one another, then the sin is on the one who initiated it.’ This was related by

Muslim. Ibn Abass said: ‘The one oppressed has a license to supplicate against the one who oppressed him. However, if

he is able to be patient, then it will better for him.’ Al-Hassan al-Basri said: ‘It is that he has the right to say: ‘O Allah

assist me against him’; or ‘O Allah extract my rights from him’; or ‘O Allah come between me and what he wants; and

the like from supplications.’ Ibn al-Àrabi said: ‘All of this is if the person who oppressed him was a believer. However,

if the oppressor was a disbeliever, then he should let his tongue flow freely against him, and supplicate against him

asking for his destruction with every type of supplications. Further, if the man commited oppression openly he should in

turn be supplicated against openly, and he should have no honor which should respected, no bodily part which should be

respected or wealth which should be respected.’ This is clear evidence for the lawfulness of supplicating against the

disbelievers unrestrictedly. As for supplicating against the disbelievers during defeat (hazeema) it says in the Lisaan’l-

Àrab: “Defeat during fighting means being completely crushed and belittled.” That is to say, the defeat the disbelievers

may bring against the Muslims during fighting as we witness today in Palestine, Iraq, Afganistan and Pakistan. It is

during these types of defeats that it is obligatory for the Muslims to make supplication against the disbeliever for their

destruction using every sort of supplication. As for social upheavals (zilzaal), the linguists say that the expressions

‘zilzaal’ (social upheavals) and ‘zalzala’ (convulsions) means intense adversities which causes convulsions among the

It has been related in the Saheeh of al-Bukhari on the authority of Abdallah ibn Abi Awfa,

who said: “The Messenger of Allah, may Allah bless him and grant him peace supplicated against

the Confederates. He said: “O Allah! The Revealer of the Book, the One Swift in Reckoning!

Destroy the Confederates! Destroy them and shake them violently!”511

people; or they are convulsions which strike the heart of the people from fear and trepidation. That is to say, that their

affairs become extremely disordered, unstable and not firmly established. It means that it is lawful to supplicate against

the disbelievers when the Muslims are struck with fear, adversities and trepidation resulting from the disbelievers. The

wisdom in making it permissible to supplicate against the disbelievers is because it is one of the weapons from the

weapons of war. Rather, it is the best of their weapons because the Messenger of Allah, may Allah bless him and granrt

him peace used to do it, when he supplicated against Abu Jahl for his destruction; and he supplicated against the

Confederates for their defeat and convulsion and that Allah would burn them in their homes and graves. Allah answered

his supplications regarding them. He also supplicated against those who killed the Qur’anic reciters for an entire month

during the qanuut of the dawn prayer. He went to the furthest limit in making supplication against them due to the

severity of the crimes. 511 The meaning of his words, upon him be blessings and peace: “O Allah! The Revealer of the Book”; is O Allah who

has revealed the Qur’an. This supplication is an indication of the directing of Divine victory for them as a result of

taking intermediacy with the Book; or with what is in It from the commands of Allah, and with what He has promised

of His victory like, His words: “Fight them and Allah will punish them by your hands, and He will lay them low and

give you victory over them, and He will heal the breast of a believing people. He will remove the rage from their hearts,

for Allah relents to whom He wills. He is the Knowing the Wise.” For by means of the revelation of the Book, they

obtain the blessings of the Hereafter which is Islam. In another narration he said: “The One who Dispatches the

clouds…”; which is a reference to His obvious power in subjugating the clouds by the dynamics of the winds which

flow by the will of Allah taàla, how the clouds sometimes remain in their place in spite of the blowing of the winds,

and how sometimes He causes the clouds to rain and at other times not. All of this is an indication of His ability to

move the clouds in assistance to the mujaahiduun in their movements in fighting, His ability to hold back the hands of

the disbelievers from reaching them, His causing the rain to fall upon the place of the spoils of war, along with giving

them success in fighting, and His preventing the disbelievers from defeating them or from anything of disarray to

negatively effect them. All of this indicates the virtuous spiritual states of the Muslims. By means of the dispatching of

the winds, they obtain the blessings of this world’s life which is their daily provision. The meaning of his words, upon

him be blessings and peace: “…the One Swift in Reckoning!”; is O One who is Swift in Reckoning, where he means

that the time of His reckoning is swift in coming; or that He is Swift during His Reckoning; or that the swiftness of His

reckoning is near at hand. The meaning of his words, upon him be blessings and peace: “Destroy the Confederates!”; is

that it is Allah taàla alone who destroys them by sending against them gale winds, and forces which they will be unable

to perceive, as it was related in the Chapter called al-Ahzaab. The meaning of the appellation ‘Confederates’ is a

reference to those allied forces who joined against the Muslims on the day of the Trench. In another narration he said:

“…and the Destroyer of the confederates”; which is an indication of taking as intermediacy the previously mentioned

blessings along with divesting oneself of ability by means of taking reliance upon Allah. This spiritual state comprises

the belief that it is Allah alone who is singular in His actions, by which the destruction of the confederates will gain for

the Muslims the preservation of the blessings of this life and the Hereafter. It as if he said: ‘O Allah just as you have

blessed us with the immensity of these two blessings in the Hereafter and in this world’s life, also preserve them for us

and make them persist for us.’ The meaning of his words, upon him be blessings and peace: “Destroy them and shake

them violently!”; in in accordance with what an-Nawwawi said: ‘It means: cause them to be distressed and cause

convulsion to descend upon them with evey kind of severe adversity. This is proof for the unanimous agreement

regarding that supplications are answered when encountering the enemy.’ In another narration he said: “…destroy them

and give us victory over them.” In the narration of al-Ismaìli from another perspective it is reported that he, may Allah

bless him and grant him peace also supplicated saying: “O Allah You are our Lord and their Lord. We are Your servants

and they are Your servants. Our forelocks and their forelocks are in Your Hand, so destroy them and give us vistory

over them.” Al-Haafidh said: “What is meant by this supplication against them is that it is a request that when they are

destroyed that nothing remains of them.” Al-Dawudi said: “What he desired in his supplication is for them to be

afflicted with recklessness in their intellects and the shuddering of their feet during the military encounter where they

are unable to be firmly established in fighting.” In this prophetic tradition it establishes that supplication is the most

superior of the weapons of the Muslims, along with the fact that it was transmitted in many other prophetic traditions.

Among them being what was related by Abu Yaàla in his Musnad as well as al-Haakim in his al-Mustadrak on the

authority of Ali ibn Abi Talib who said that the Messenger of Allah, may Allah bless him and grant him peace who said:

“The supplication is the weapon of the believer, the support of the religion, and the light of the heavens and the earth.”

What is meant here by supplication being the weapon of the believer is that during the jihaad and fighting that the actual

Doer in really is Allah glory be to Him the Exalted, not the mujaahiduun. For, it is not the believers who defeat the

disbelievers, nor is it their weapons. It is Allah taàla who defeats them by means of His Omnipresent Will and Power.

The believers possess no quantitative power or might in and of themselves, except their supplication, imploring Allah,

resorting to Him with humility and being broken before Him in the station of fear and firm confidence in the promise of

Allah taàla that He will destroy the disbelievers, and manifest His religion over all the other religions eventhough the

disbelievers may detest it. For, Allah taàla has mentioned in many places in His Mighty Book, that He is the One who

destroys the disbelievers, gives victory to the believers and support them with forces from the Unseen; all this is in order

that tranquility can enter their hearts and they will be grateful. From this is what was related that the Companions of the

Messenger of Allah, may Allah bless him and grant him peace when they departed from the battle of Badr, each of them

began to mention what they had done and accomplished on the battlefield. Some said: ‘I killed so-and-so’, or ‘I did so-

and-so’. They mentioned these feats as a way of boasting. Then Allah revealed His words: “You did not fight them”; at

Badr or any other place by means of your strength. He said this as a way of instructing them that it is Allah taàla alone

who causes death and that He alone is the One who decrees all things. That the servant only shares in this through his

acquisition and desire; “…rather it was Allah who fought them”; by His providing assistance to you and casting fear

into their hearts until they became dispersed, their unity was utterly divided and weakened. The usage of the letter faa in

the beginning of the verse is a conjunctive particle of condition where the the conditional phrase is ommited, where it

means: ‘If you are boasting about your fighting of them, then it was not you who fought them.’ “You did not throw”; O

Muhammad in the eyes of the disbelievers on the day of Hunayn, or on the day of Uhud when you threw your spear into

the neck of Ubay ibn Khalaf, or on the day of Khaybar when you shot your arrow into their fortress and it flew in the air

until it strick Ibn Abi’l-Haqeeq. However, the soundest view is that this verse refers to the day of Badr because it was

revealed regarding Badr; “…when you threw”; the stones because in reality a mere handful of stones from a single

person cannot fill the eyes of an entire huge army; “…rather it was Allah who threw”; by causing it to reach them. He

did this in order to defeat the disbelievers. It has been related on the authority of as-Sadiy who said that the Messenger

of Allah, may Allah bless him and grant him peace when the two opposing forces were facing each other said to Ali,

may Allah be pleased with him: “Give me some stones from the earth!” He then gave him some stones along with earth,

and he threw it into the faces of the people. Not a single idolater remained except that something from the dust entered

in their eyes. It was then that the believers struck out fighting them and capturing them.” This is clear refutation against

those who say that the servants are the creators of their own actions. For the meaning of this verse is that you did not

throw by means of your own strength when you threw, but it was by the Strength of Allah that you threw. “…in order

to test the believers with an excellent test”; that is, in order to grant them a gift greater than defeating the enemies or

obtaining the spoils of war; because the ‘test’ refered to in this verse are His Divine blessings. “Indeed Allah is

Hearing”; is that He hears their calling upon Him to redeem them; “…Knowing”; is that He knows their true intention

and desire to exalt the religion, thus it is for this reason that He blessed them with victory. “So that”; is an indication of

the excellent test referenced in the verse, which means that His objective in providing these blessings is so: “…you may

know that Allah is the One who weakens”; is that His objective in showing His blessings to you is in order to diminish;

“…the plots of the disbelievers”; their schemes. In this verse He majestic be His praises attributes the fighting of the

believers to Himself and negates it from them who seemingly are the one’s fight the disbelievers. This is because in

reality He is the sole cause for their fighting. This is clear evidence for the doctrine of belief of the People of Truth, that

it is Allah taàla who is the creator of the actions of humanity during jihaad, and that they only possess acquisition of

these actions, due to the fact that He is the Doer in reality. If you understand this, then you know that the best

acquisition which a human being can acquire is his realization with certainty that he possesses no power or might except

by Allah the Exalted the Mighty, and that in jihaad and fighting that he only possesses incapacity, indigence, and urgent

need of his Creator, glory be to Him the Exalted. In this is an immense secret in the distinction between the

methodology of the believers in the Art of War and others. It is for this reason that it has been related by ad-Daylami in

his Musnad ‘l-Firdaus on the authority of Ibn Abass who said that the Messenger of Allah, may Allah bless him and

grant him peace said: “The best weapon of the believer is patience and supplication.” All of this is evidence for the

obligation of making supplication against the oppressive disbelievers among the Jews and Christians and others in these

times who have invaded the lands of Islam, displayed their way of life in a conquering and vainglorious manner,

prevented the commands and prohibitions of the legal rulings of the Muslims from taking place, their entering into

whatever places they desire killing the children of the Muslims, their women, young boys, elderly, middle aged and

youth by spilling their blood with impunity, their defiling of the graves of the Prophets, the scholars, the awliyya and the

righteous, and their interdicting the right of Muslim women in their lands from covering themselves as they wish. All of

these afflictions necessitate us supplicating against them with every variety of supplication and gives license for us to let

our tongues flow freely against them in asking Allah for the destruction of the foundations of their governments, the

collapse of the vital elements to their economies, the breakdown of the pillars of their system, the division of their unity,

and for the utter convulsion of their armies. For, the keys to seeking openings and victory in jihaad are by means of

supplication, imploring Allah, being broken before Him, recognizing one’s impotence, humiliation and repentance. This

is evidence that attaining victory is through the baraka of the supplications of the powerless of the struggling Muslims,

the impoverished Muslims who make strenuous effort, and the estranged Muslims made so due to oppression; as he

upon him be blessings and peace said: “Indeed Allah gives victory to this Umma by means of the oppressed among

them, by their supplications, prayers, and sincerity.” In another narration he said: “Seek out the oppressed, for indeed

you are provided your wealth, and given victory by means of the oppressed among you.” This means that the Muslims

are given victory and provided for by reason of them, or by means of the baraka of their supplications, prayers and

spiritual litanies. The Shehu, may Allah ta`ala be merciful to him said in his Munaajaat: “O Allah exalt the banner of

faith, the Sunna and obedience above the Throne, and efface disbelief, heretical innovation and disobedience. Efface

every enemy who does not desire the honor of Islam to prevail. Suffice me against the evils of all the disbelievers, east,

west, north and south and all those points in between by the rank of all those things we have taken intermediacy with,

and by the rank of Muhammad, the Prophet of Mercy, may Allah bless him and grant him peace. O Allah destroy them,

shake them violently, and plunder them with Your assistance. Fill their hearts with fright, break their bones, blind their

eyes, make their hearing deaf, and seize them by their feet and hands until they are completely shaken by the sweat of

the fear in their own bodies. O Allah enumerate them precisely, divide them into dispersed fractions where none of them

remain, and allow us to inherit their land, and their families. Revive us and the helpers of the Sunna in these lands by

the rank of Muhammad, the Prophet of Mercy, may Allah bless him and grant him peace.” For, this is an accepted

supplication with Allah with which one can supplicate against all the disbelievers. I have tested it and found it to be

precise and instantaneous, and all praises are due to Allah for that.

On What Has Been Related Regarding War Being Deceit512

It has been related in the Saheeh of al-Bukhari on the authority of Jaabir ibn Abdallah, may

Allah be pleased with them that the Prophet, may Allah bless him and grant him peace said: “War is

deceit.”513

512 That is to say, he cites in this section what has been related regarding the meaning of his words, upon him be peace

that war is deception. The etymological root of the phrase ‘khadàt’ (deception) is taken from the expression ‘khadù’

(to deceive), and it means to manifest the opposite of what one conceals. Allah taàla says: “They seek to deceive Allah,

but He deceives them”; and means that they assumed in their souls that they were deceiving Allah, or that they were

deceiving the protected friends of Allah, while it was Allah who deceived them, and illuminated the discernment of His

friends with the reality their inner states. “And they only deceived their own souls but were unawares.” An-Nawwawi

said: “There are three well known ways to pronounce this phrase; the most eloquent of them being ‘khadàt’ with the

letter khaa inflected with fat’ha and the letter daal inflected with sukun. Thaàlibi and others said: ‘This was the

language of the Prophet, may Allah bless him and grant him peace.’ The second is ‘khudàt’ with the letter khaa

inflected with damma and the letter daal inflected with sukun. The third is ‘khadaàt’ with the letter khaa inflected with

fat’ha and the letter daal inflected with fat’ha as well.” The scholars agree regarding the lawfulness of deceiving the

disbelievers during war. However, whenever deception will lead to the violation of a social contract or trust, then it is

not lawful. The wisdom in the Shehu narrating this prophetic tradition after the narrations of the permissibility of

making supplication against the disbelievers is because it is connected to the supplication of the Prophet, may Allah

bless him and grant him peace for the destruction of the Kosro and Ceasar, as it was related by al-Bukhari on the

authority of Abu Hurayra, may Allah taàla be pleased with him on the authority of the Prophet, who said: “The power

of the Kosra will be destroyed and then there will be no Kosra after him. The power of the Ceasar will be destroyed,

then there will be no Ceasar after him. And you will divide their treasures in the Way of Allah.” He called war deceit. 513 The meaning of his words, upon him be blessings and peace: “War is deceit (khadàt)”; or as it was related in

another narration ‘khudàt’, is in accordance with what some of the scholars of the prophetic seera said, which is that

the Prophet, may Allah bless him and grant him peace said this on the day of the Confederates, when he dispatched

Nuàym ibn Masùd to circulate among the Quraysh, the Ghatfaan and the Jews and gather intelligence. This prophetic

tradition permits the lawfulness of lieing in three matters, the first of them being war, as it was related by at-Tabarani on

the authority of an-Nawaas who said that the Prophet, may Allah bless him and grant him peace said: “Every form of

lying is recorded against the son of Adam except in three matters: a man who lies during war, because war is deceit; a

man who lies to his wife in order to please her; and a man who lies between two men in order to bring peace between

them.” At-Tabari said: “The lying which is permitted during war is making insinuation, but real lying as a rule is not

lawful.” However, an-Nawwawi said: “It is apparent from the tradition that actual lying is itself is permitted, however

restricting this to mere insinuation is better.” Ibn al-Àrabi said: “Lying during war is among those things normally

forbidden but made lawful as an exception by textual evidence, as a consideration for the concerns of the Muslims.” The

meaning of ‘deception’ in this context is to make strenuous effort with ones assessment. Qaadi Ìyad said: “In this

prophetic tradition establishes the lawfulness of developing disinformation and allusory intelligence during war.” The

scholars agree regarding the permissibility of deceiving the disbeliever during war, however when this deceit leads to

the violation of a social contract or trust between the Muslims and the disbelievers, then it is not lawful. Al-Muhallab

said: “Deceit during war is permissible wherever it is possible except when it constitutes giving oaths, a social contract

and explicitly granting protection, for in these circumstances lying is not lawful.” This prophetic tradition establishes

that being cunning during war can be more valuable than mere numberical advantage or valor. It also establishes the

lawfulness of gathering intelligence regarding enemies, seeking to beguile them during hostilities, and developing

disinformation as a barrier to divert the increase in the number of the enemies. In this matter, his saying: “War is deceit”

does not constitute a proof for the treacherous venile scholars in these times of ours who use it to permit collaborating

with the disbelievers, advising their governments, and informing them regarding the secrets of the Muslims, seeking

from the disbelievers honor, fame, spacious places of worship, influential institutions, citizenship in their lands and

other then these from the rubble of this world’s life. For their actions in no way constitute a form of ‘warfare’ nor deceit

of the disbeleivers, but it is self-deception and a clear proof of their hypocrisy.

On What Has Been Related Regarding the Prohibition of Killing Women and Children514


pleased with him who said: “A woman was found killed in one of the military expeditions of the

Messenger of Allah, may Allah bless him and grant him peace. It was then that the Messenger of

Allah, may Allah bless him and grant him peace, 515 prohibited the killing of women and

children.”516

514 That is to say, that this section discusses who is to be fought and who is not to be fought during the jihaad, as well

as an explanation of the prohibition of killing children and women during it. The scholars are unanimous regarding the

prohibition of killing women and children without right. As for women, it is due to their apparent vulnerability. As for

children it is due to their incapacity to actually participate in the actions of the disbelievers. This is the view held by

Malik and al-Awzai`. For, this is not lawful with them even when the belligerents shelter themselves with women and

children. It is then not lawful to bombard them or to burn them with incendiary weapons. 515 Here ends facsimile 50 of the Arabic manuscript. 516 The meaning of the words of Ibn Umar, may Allah be pleased with him: “A woman was found killed in one of the

military expeditions of the Messenger of Allah, may Allah bless him and grant him peace”; is that she was killed on the

day of the battler of Hunayn. The meaning of his words, may Allah be pleased with him: “It was then that the

Messenger of Allah, may Allah bless him and grant him peace, prohibited the killing of women and children”; is that it

is the consensus of the scholars to act in accordance with the social behavior (àmal) indicated in this prophetic tradition

and the prohibition of killing women and children, when they are not participants in the combat. However, if women

and children participate in the combat, then the majority of the scholars say that they too should be fought. As for the

elderly among the disbelievers, if they are among those who provide counsel in war, then they should be fought, if not,

then they should not be fought. Regarding priests there is a difference of agreement. Malik and Abu Hanifa both said

they should not be fought. Ibn al-Himaam said: “I assume that the consensus is only regarding the prohibition of killing

women and children. It has been related on the authority of Abu Bakr that he advised Yazid ibn Abi Sufyan when he

dispatched him to Syria not to kill children, women or the elderly. However, one should fight whoever participates in

the combat from those I mentioned. One should not kill the insane, infants, women, the elderly, and priests.” The Shehu

may Allah taàla be merciful to him said in his Bayaan Wujuub ‘l-Hijra Àla’l-Ìbaad in chapter ten regardin who is to

be fought during the jihaad: “I say, and success with Allah, that those who should be fought in the Way of Allah are

three categories: those who are disbeliever from birth, the apostate, the belligerent and the unlawful combatant…Ibn

Juzay said in the al-Qawaaneen: ‘They are three categories: the disbeliever, the belligerent and the unlawful combatant.

As for the disbeliever all of their classes should be fought, accept women and children by unanimous agreement; nor the

people of monasteries; nor elderly advanced in years, in contrast to as-Shafi`; except when it is feared from the elderly

some harm or their active management of affairs; nor should the insane be fought, nor the blind, nor the invalid.

However, in the latter two there is disagreement if they are among those who actively manage affairs’. It states in the al-

Mukhtasar: ‘Regarding those excluded from those mentioned, such as women, except if their participate in combat,

infants, the insane, the extremely aged, the invalid, the blind, the monk cloistered in his cloister or monastery who does

not provide counsel to the combatants. The latter should be left with the supplies sufficient for them. The one who kills

any of the above should seek forgiveness like one who killed those who never received the invitation to Islam. If they

are killed after their capture, then the killer is responsible for paying compensation. And the monk and nun are

considered to be free’. It says in the az-Zaharaat’’l-Waardiyya: ‘All of the disbeliever should be fought except seven:

the woman, the infant, the insane, the extremely aged, the invalid, the blind and the monk cloistered in a cloister or

monatery. As for a woman, she should not be fought as long as she does not participate in the combat. If she does, then

Ibn al-Qasim said in the al-Mawaaziya and the al-Ùtubiyya she should be fought. As for the young child, it has two

conditions. The first is that there is no doubt that it is a young child, then it should not be fought, even if they participate

in the combat. The second is if there is doubt regarding the child being a child, for judgment should depend on whether

his private parts can be seen. For, he should be fought if hair is growing and his judgment is like a mature person who

uses a razor. The teenager is like the woman if it participates in the combat with a sword or the like, then it should be

fought. If the teenager throws stones it should not be fought except if the throwing of stones result in killing someone.

Then the teenager should be killed for that. As for the insane, if his insanity is complete, then he should not be fought.

However, if he occasionally becomes lucid, then in the apparent opinion of al-Lahmi is that he should be fought. As for

the extremely aged, he should not be fought unless it is known that he is among those who provide counsel and manage

affairs in the fight against the Muslims. As for for the invalid like the lame, the cripple and the like, who neither

participate in the war counsel nor the management of affairs, they should not be fought. Likewise with the blind except

if it is known that they are among those who provide counsel and manage affairs in the fight against the Muslims.

Likewise, the monk isolated in a cloister or monastery should not be fought unless he is among those who provide

counsel and manage affairs in the fight against the Muslims. As for the preist of a church, he should be fought without

distinction.’ In the al-Ùtubiyya Malik joins the nuns with the monk in the same judgment of not being fought, and said:

‘They have a right to be included with them’.” These ideas of the Shehu, may Allah be merciful to him are invaluable in

establishing the prohibition of the actions of the belligerents and unlawful combatants in these times, whom the

disbelievers have named ‘al-qaeda’ and others, in their killing of women, children, the elderly and others from the

disbelievers who do not participate in the combat against Muslims; and their killing of women, children and elderly

among the Muslims in the market places of Iraq, Afghanistan, Pakistan and in other lands. For, these criminal acts of

terrorism are among the most horrendous of the major sins, because they kill individuals without right, without the

authorization of a Muslim ruler, and their crimes are alien to all the pillars and prerequisites of jihaad; in that they have

devised a prohibited heretical innovation within jihaad, which is suicide bombing where they kill themselves and huge

numbers of people wantonly. Allah taàla says regarding the crime of suicide: “…and do not kill yourselves.” This

means do not kill one another because Allah taàla mentions that He has made the Muslims brothers to one another.

Thus, the crime of one who kills his brother is like the one who kills himself. It has been related by Ahmad, al-Bukhari,

and Muslim on the authority of Abu Hurayra who said that the Messenger of Allah, may Allah bless him and grant him

peace said: “The one who kills himself with an iron weapon, then will stab himself in the stomach with the same iron

instrument in the Fires of Hell eternally. Whoever willfully drinks poison and kills himself, then he will drink it in the

Fires of Hell eternally. Whoever willfully throws himself from a high mountain and kills himself, then he will continue

to fall in the Fires of Hell eternally.” This is the same for the person who kills himself with a bomb, for he will be

punished in Hell eternally in the same manner. Our proof for this is in what was related by at-Tabarani on the authority

of Thabit ibn ad-Duhaak who said that the Messenger of Allah, may Allah bless him and grant him peace said:

“Whoever kills himself with anything will be punished with it on the Day of Judgment in the Fires of Hell.” However, if

he does not kill himself, but he only kills non combatants using bombs, then this also is among the most horrendous of

major sins. This is because it has been related by al-Bukhari and others on the authority of Ibn Abass who said that the

Prophet, may Allah bless him and grant him peace said: “Do not punish others with the punishment of Allah”; which

means do not incinerate people with fire, or what resembles that such as bombs, and Allah knows best. I say: the jihaad

against these unlawful combatants is the best form of jihaad. The Shehu may Allah taàla be merciful said in his Bayaan

Wujuub’l-Hijra Àla ‘l-Ìbaad: “Ibn Juzay said in his al-Qawaaneen: ‘It is obligatory that they, meaning the unlawful

combatant, should be first admonished three times accompanied with taking an oath with Allah. If they relent, well and

good. If they refuse, then they should be fought, and fighting them will be considered a jihaad. Whoever is fought

among the unlawful combatants, then his blood should be shed with impunity. Whoever among the Muslims is killed

while fighting them is a martyr. If an unlawful combatant is captured before he is able to repent, then establish the

punitive punishment upon him, which is either killing him, crucifixion, the amputation of his hand and feet or exhile. As

for killing and crucifixion, they should be joined, with the crucifixion preceding the killing, while Ibn al-Qasim said that

cruxifiction should be postponed until after the killing. As for amputation, the right hand and the left foot should be

amputated. As for exhile, the freeman should be exhiled by not the captive. He should be exhiled to another land and

imprisoned there.’ Abu Hanifa said: ‘He should be imprisoned in that land until his repentance and rehabilitation

becomes apparent’.” All of these punishments are extracted from the words of Allah taàla: “Indeed the recompense for

those who make war against Allah and His Messenger, and spread corruption in the earth is that they should be killed,

or crucified, or their hands and feet amputated on opposite sides, or exhiled from the land. This is their recompense in

this world’s life, and for them in the Hereafter is an immense punishment. Except those who repent before they are

overcome, and realize that Allah is Forgiving and Mercifu.” The Erudite authority of the Land of the Blacks Abdullahi

ibn Fuduye, may Allah be merciful to him` said regarding the meaning this verse in his Diya ‘t-Ta’weel Fee Maàna at-

Tanzeel: “Indeed the recompense for those who make war against Allah and His Messenger”; that is by opposing their

commands and fighting against the Muslims. “…and spread corruption in the earth”; that is by means of highway

robbery; or the phrase is the direct object (mafùul lahu) of the phrase ‘who make war’; or it is a circumstantial phrase

(haal) meaning being corrupt. This was revealed regarding a group from among the people of the Book who violated

their social contract with the Muslims and then initiated corrupton. Or it was revealed regarding Hilaal ibn Ùwaymir al-

Aslami who made a social contract with the Prophet, that he would not assist anyone against him, and that he would not

turn away anyone who desired to connect with him. Then some people from the Kinana who desired to accept Islam

passed by his people. He then cut them off, killed them and robbed them of their wealth. Or it was revealed regarding a

group of eight men from the Àrina and the Ùkil who arrived in al-Medina in the sixth year of the hijra, and accepted

Islam. However they found the climate of al-Medina unsuitable for them, so the Prophet may Allah bless him and grant

him gave permission for them settle outside of the city where the camels for alms were kept. They drank from the milk

and urine of the camels as medicine. However, they latter apostated and killed the shepherd of the Prophet, may Allah

bless him and grant him peace, gouged out his eyes and drove off the camels taking them for themselves. As a result the

Prophet, may Allah bless him and grant him peace dispatched some men in pursuit of them. Eventually they came wih

them and they hands were amputated, eyes gouged out, and were left in the sun until they died in that condition. This

narrative was transmitted by al-Bukhari, Muslim, Abu Dawud and others. It is said that this verse was abrogated by the

actions of the Messenger of Allah upon him be peace by retricting their punitive punishment to what he said in His

words: “…is that they should be killed, or crucified, or their hands and feet amputated on opposite sides”; that is the

right hand and the left foot from the wrist an ankle. “…or exhiled from the land”; that is, from the land in which they

reside to another, where the distance between the two lands must be at least two days travel, and they should be detained

there until their repentance and rehabilitation becomes apparent. Abu Hanifa said: ‘The exhile must be accompanied

with detention where they are imprisoned in the lands until their repentance and rehalitation becomes apparent.’ The

punishment of exhile is designated for a freedman. The use of the conjunctive particle ‘aw’ (or) joining the diverse

punishments is used to indicate choice (takhyeer). This means that the Imam has a choice regarding highway robbers in

implementing any of these types of punishments based upon adjudication and not his whims. This is in accordance with

the view of Malik which follows the apparent meaning of the verse. The remainder of the Imams say that the

conjunctive particle ‘aw’ (or) is utilized to indicate itemization (tafseel) and variation (tanwee`) based upon the

arrangement of the circumstances. Thus, whoever among the kills, then he should be killed only. Crucifixion is to

implemented against those who kills and seizes wealth. Amputation is to be implemented against the one who seizes

wealth but does not kill anyone. Exhile is to be implemented against those who in the process of their warmongering

induce fear among the people only. This is the judgment regarding these diverse punishments. If killing and crucifixion

are to be joined, then one should implement the crucifixion prior to the killing as Ibn al-Qasim said; while As’hab said it

should be done after it. The scholars agree that the unlawful combatants or highway robbers who kill, then they should

be killed in turn. The meaning of crucifixion is that the person should be tied alive with his entire body except his upper

body such as his face, shoulders or back to a tall wooden board; but his body should not be hung up side down. “This”;

that is to say, the above mentioned punitive punishment; “…is their recompense”; their humiliation; “…in this world’s

life, and for them in the Hereafter is an immense punishment”; in the Fire. However, the unlawful combatant guilty of

highway robbery or seizing the wealth of others, due to draught, poverty or the like should be excused, in contrast to

what Abu Hanifa said. This punitive punishment also applies to a person who does a home invasion in the night or day

and kills in order to seize wealth. It says in the al-Qawaaneen: ‘This punitive punishment also applies to everyone who

bears arms against the people and there is no war taking place, nor is there a social revolution taking place, which is a

form of social strife. Further, the the judgment of the one who assist the unlawful combatant is the same as the judgment

of the unlawful combatant.’ As for the highway robber who does so because of a woman, or because there is enmity

between him and the targeted community, then he cannot be considered as an unlawful combatant, as Abd’l-Baqi cited.

“Except those who repent”; from among the unlawful combatants and highway robbers; “…before they are overcome,

and realize that Allah is Forgiving”; to them for what they have done; “…and Merciful”; with them. He expressed His

forgiveness and mercy without indicating that the punitive punishment should not be imposed on them in order to

indicate that repentance does not necessitate the annulling of the punitive punishment, if the crime he committed was

anything other than being an unlawful combatant, like a crime against Allah or another human, like adultery/fornication,

defamation of character, intentional homicide, the blood indemnity for unintentional homicide, and other than these. As-

Suyuti said in his at-Takmila: ‘The only thing which is annulled by reprentance is the punitive punishments of Allah,

but not the rights which he owes to another human. This is what has been made apparent to me and I have not seen

anything which conflicts with this, and Allah knows best.’ I say: These words from him are astonishing, because every

Imam among the jurist conflict with this, since as-Shafi` disagrees with this view absolutely. Malik said: ‘If the person

has in his possession that which is known to have been seized unlawfully; or when the guardian of the person he killed

is determined to seek his blood, then he has the right to have him seized and take retaliation.’ Al-Layth said: ‘Nothing is

to be sought from him.’ Ibn al-`Arabi said: ‘This is weak. As for if he repents after he has been overcome, then his

repentance cannot avail him in the annulling of any punitive punishment.’ Al-Baydawi said: ‘The fact his repentance

avails him if it precedes his being overcome is evidence that after he is overcome that his repentance does not annul the

punitive punishment, but may annul the Divine punishment in the Hereafter. This punitive punishment applies only to

the Muslim who is guilty of highway robbery and unlawful combat, because the repentance of the idolater removes

from him punishment before and after he is overcome.’ The author of the Lubab ‘t-Ta’weel: ‘The greater portion of the

people of Qur’anic exegesis agree that the exception applies to the indolater who is an unlawful combatant, if he

believes before he is overpowered, that it annuls every punitive punishment mentioned in the verse. This is the same

after he is overcome, according to the consensus’.” Here ends what Shaykh Abdullahi ibn Fuduye` in his Diya ‘t-

Ta’weel and it is invaluable. Further, in this cited prophetic tradition is the prohibition of what the armies of the United

On What Has Been Related Regarding Cheating in the Spoils517


be pleased with him who said: “The Prophet, may Allah bless him and grant him peace, stood up

among us and mentioned cheating in the spoils of war (ghuluul), then emphasized its enormity and

the immensity of its affair.”518

States of America and others commit in the usage of guided missiles, and uranium tipped bombs used in the killing of

children, women and others from the populated towns and rural areas of Iraq, Afghanistan and Pakistan; all which are

prohibited war crimes, and may Allah give success in arriving at what is correct. 517 The phrase ‘ghuluul’ (cheating) originally meant absolute treachery (khiyaana), then it became designated in its

usage for treachery in the spoils of war as an-Nawwawi said. Amir’l-Mu’mineen Muhammad Bello ibn Shehu Uthman

ibn Fuduye`, may Allah be merciful to both of them said in his Tawfeeq ‘l-Juhuul Àla Anwaa` Mufaasid al-Ghuluul:

“Cheating in the spoils of war according to the sharià is divided into various types.” He went on to distinguish five

categories of cheating in the spoils of the war. Among them is unfairness in the division of the spoils of war and failing

to act in accordance with the Book and the Sunna. Among them is cheating of the behavior. Among them is intermixing

the spoils of war into the wealth of Allah without right. Among them is the cheating of the warriors. And finally among

them is taking advantage of the spoils of war before it is properly divided. Naftawiyya said: “It is called ‘cheating’

(ghuluul) from ‘shackled’ (maghlul) because the hands are fettered from utilizing it, meaning barred from it.” Allah

taàla says: ‘It is not for any Prophet to cheat.’ For, cheating in the spoils of war is a form of treachery. An-Nawwawi

said: ‘Originally it is theft from the wealth of the spoils of war prior to it’being divided among the combatants.’ Qadi

Abu Bakr ibn al-Àrabi said: ‘Cheating in the spoils of war is a kind of treachery that is hiddened. Giving charity from

this kind of forbidden wealth is not accepted and necessitates Divine punishment, like the one who prays without being

in a state of ritual purity.’ Muhammad Bello ibn Shehu Uthman ibn Fuduye` said in the above mentioned text: “It”has

been related by Ibn Jareer and Ibn Abi Hatim by way of al-Àwfa on the authority of Ibn Abass who said regarding the

words of Allah taàla: ‘It is not for any Prophet to cheat’: “This refers to dividing the spoils of war on behalf of one

cadre of the Muslim warriors and neglecting another. It is lawful to divide the spoils among them but it must be done

equitably between all. It should be seized by the command of Allah and should be adjudicated in accordance with what

Allah taàla revealed.” 518 The meaning of the words of Abu Hurayra, may Allah be pleased with him: “The Prophet, may Allah bless him and

grant him peace, stood up among us”; is that he stood among the people in order to exhort them regarding the affairs of

the religion. In this is proof for the permissibility of standing during exhortations and giving lectures. The meaning of

his words, may Allah be pleased with him: “…and mentioned cheating in the spoils (ghuluul)”; is that cheating in the

spoils of war was among some of the things he exhorted the people about at that time. The meaning of his words, may

Allah be pleased with him: “…then emphasized its enormity”; is that he mentioned the enormity of cheating in the

spoils of war with the people, in order to incite fear of doing such a thing, or in order to clarify that it an immense sin

with Allah taàla says: “It is not for any Prophet to cheat, for whoever cheats with be brought with what he cheated on

the Day of Judgment. Then every soul will be paid in full what it earned and they will not be wronged.” The Erudite

authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said regarding the meaning

this verse in his Diya ‘t-Ta’weel Fee Maàna at-Tanzeel: “It is not”; is that it is sound: “for any Prophet to cheat”;

where the sentence is constructed on the direct object, in accordance with the recitation of Naafi`, Ibn Àamir, Hamza

and al-Kisai’, which means that it is attributed to cheating in the spoils of war. However, with the rest of the Imams of

recitation, it is constructed on the doer of the sentence which means to be treacherous in spoils of war by taking

anything from it secretly. This verse was revealed regarding the loss of some red velvet garments on the day of Badr.

Some of the people said as a result: ‘Perhaps the Messenger of Allah took them for himself’. Or it was revealed

regarding assumptions the markmen had of him on the day of Uhud when they abandoned their post for the spoils of

war, saying: ‘It is feared that the Messenger of Allah, will say to those who seize anything that it belongs to them, and

that he will not divide the spoils of war’. Or it was revealed regarding the scouts who were sent out and the Muslims

captured spoils of war after they left and the spoils were divided with those with him but nothing was divided for the

scouts. Some of the worthy scholars named debaring some from receiving the spoils of war as a form of repugnant

cheating and were severe in their prohibition of this. It is said that the strong warriors pressured him regarding the

division of the spoils of war in their favor, and Allah revealed: ‘It is not for any Prophet to cheat’, rather the spoils

should be divided equitably between them; “for whoever cheats will be brought with what he cheated on the Day of

Judgment”; is that it will be hung in his neck. As for the judgment in this world, it states in the al-Qawaneen: ‘If the

person who cheated comes with repenting before the division of the spoils then he is not to be disciplined, and the

wealth should be returned to the spoils. If he repents after the dispersing of the army, he should be disciplined and the

spoils which he took should be given away as charity.’ Ibn al-Àrabi said in his al-Ahkaam: ‘Cheating is a form of

treachery regarding the spoils of war, just as pick pocketing is a kind of thievery which is hidden, like what some of the

Blacks of Mecca do today. Our scholars say that the prohibition against cheating in the spoils of war is proof that

valuable item among the spoils of war should be divided equally and that it is not lawful for anyone to be given

preference over others in that. Whoever takes anything from the spoils of war by force, should be disciplined. If he, for

example, has sexual intercourse with a female war captive, or if he steals a portion from the wealth, then Abd’l-Malik

held the view which he took from some of our companions that the prescribed punitive punishment should not be

applied to him because he originally has a right upon these; rather, he should be disciplined. However, it is also said that

the prescribed punitive punishment should be applied to him.’ “Then every soul will die”; and recompensed; “…on what

it earned”; from cheating in the spoils of war and other than that. It is for this reason that Allah taàla revealed a verse

which addressed this in general; “…and they will not be wronged”; in anything from either increase or deficiency.” The

meaning of his words, may Allah be pleased with him: “…and the immensity of its affair”; is that he discussed the

immensity of its sin with Allah or the immensity of the affair of its punishment on the Day of Judgment, because it is

among the major sins. This is clear is establishing the repugnancy of the prohibition of cheating in the spoils of war. In

the same prophetic tradition he said in addition explaining the enormity of cheating in the spoils of war: “Do not cheat

in the spoils of war, because I would not like to see anyone among you on the Day of Judgment, carrying a bleating

sheep around his neck or a neighing horse on his neck. Such a man will say: “O Messenger of Allah! Intercede with

Allah for me”; and I will reply: “I can't help you, for I have conveyed the message to you”. Nor would I like to see a

man carrying a grunting camel over his neck. Such a man will say: “O Messenger of Allah! Intercede with Allah for

me”; and I will say: “I can't help you for I have conveyed the message to you.” Nor would I like to see a man carrying

gold and silver over his neck and he will say: “O Messenger of Allah! Intercede with Allah for me”; and I will say: “I

can't help you for I have conveyed the message to you”; Nor would I like to see a man carrying fluttering clothes on his

neck. Such a man will say: “O Messenger of Allah! Intercede with Allah for me”; and I will say: “I can't help you, for I

have conveyed the message to you.” This wisdom in his repeating the statement: ‘I can't help you, for I have conveyed

the message to you’; was in order to establish that his intercession will be given to some of the people of major sins and

not others. Or it means that they will not obtain the intercession of the Prophet, may Allah bless him and grant him

peace until after they have been severely reckoned on the Day of Judgment; or after initially entering the Fire. This does

not, however, contradict his saying upon him be peace: “My intercession is for the people of major sins from among my

Umma. Whoever is not from the people of major sins, then he will not receive my intercession.” This is because the

intercession of our Prophet, may Allah bless him and grant him peace on the Day of Judgment is divided into five

distinct intercessions. The first is the general intercession. The second is his entering people into Paradise without

reckoning. The third is for people who unify Allah from his Umma who have earned for themselves the Fire due to their

sins, yet the Prophet, may Allah bless him and grant him peace, will intercede for them, and those whom Allah will

receive it and be entered into Paradise. The fourth will be for those who will initially enter the Fire from among the

Muslim sinners, and who will be eventually brought of it by the intercession of our Prophet, may Allah bless him and

grant him peace, as well as others from among the Prophets, the Angels, their brothers among the believers. The fifth

will be for those who will receive additional degrees among the People of Paradise and the raising of their ranks in It.

These intercessions are as Qadi Ìyad, may Allah taàla be merciful to him clarified them. Thus, the meaning of his

words, upon him be blessings and peace: “I can't help you”; with forgiveness and intercession until Allah taàla gives

permission, for the my intercession is for those whom He wills; as Allah taàla says: “…and no one can intercede for

others except those with whom He is pleased.” And the meaning of his words, upon him be blessings and peace: “…for

I have conveyed the message to you”; is that you have no excuse after the delivering of the message. This is a magnified

statement designed to indicate reproachment and the severe gravity regarding the Divine threat. Other than that, he is

the Companion of the great intercession regarding the reprobates of major sins from this Umma on the Day of

Judgment. This is also evidence of that delivering the messages of Allah is onligatory with regard to his rights, upon

him be blessings and peace. Al-Muhallab said: “This prophetic tradition was narrated as a form of threat from Allah for

those who engrossed in this from the people who cheat in the spoils of war; that his punishment will be that he will be

forced to bear, a camel and whatever else he embezzled from the spoils of war around his neck in the presence of all the

people and will be humiliated as a result. Then Allah has a choice after that in either punishing him in the Fire or by

pardoning him. If Allah decides to punish him in His Fire, perhaps he will then receive the intercession if Allah wills. If

He does not punish him in His Fire, it will be because He is vast in His forgiveness.”

In it also519 on the authority of Abdallah ibn Àmr, who said: “There was a man who was

responsible for the baggage of the Prophet, may Allah bless him and grant him peace whose name

was Kirkira. When he died, the Messenger of Allah, may Allah bless him and grant him peace, said:

“He will be in the Fire.” Some people went to investigate his situation and they found with him a

woolen wrap which he had pilfered from the spoils of war.”520

519 That is to say, it has been related in the Saheeh of al-Bukhari or On What Has Been Related Regarding the

Prohibition of Cheating in the Spoils of War. 520 The meaning of the words of Abdallah ibn Àmr, may Allah be pleased with him: “There was a man who was

responsible for the baggage of the Prophet, may Allah bless him and grant him peace whose name was Kirkira. When

he died”; is that al-Waqidi cited that he was black man who used to hold the camel of the Prophet, may Allah bless him

and grant him peace during combat. Abu Saìd an-Naysaburi related in his Sharf ‘l-Mustafa: “This man was a Nubian

who was given as a gift to the Prophet, by Hudha ibn Ali al-Hanafi, and whom the Prophet, promptly manumitted.” Al-

Bilaadhuri said that when he died he was still a captive. The meaning of his words, upon him be blessings and peace:

“He will be in the Fire”; is that he will be punished in It as a result of his disobedience. Or what is intended by he will

be in the Fire is that Allah will not pardon him. This is because cheating in the spoils of war is actually from the traits of

hypocrisy. Some of the jurists say that the prayers of the one who cheats in the spoils of war are not accepted, that his

charity is not accepted, that his social transactions are not valid, he lacks the lawful right to give testimony, his bequest

cannot be executed, and that the dowry as well as what he expends for his family is considered forbidden. Some say of

he has sexual intercourse with a female captive from the spoils of war before it is properly divided among the

combatants, then his action is considered illicit and forbidden, and the most famous view is that the prescribed punitive

punishment should be applied on him. All of this is evidence of the enormity of the crime of cheating in the spoils of

war. The meaning of his words, may Allah be pleased with him: “Some people went to investigate his situation and they

found with him a woolen wrap which he had pilfered from the spoils of war”; is that in this is an indication that he upon

him be peace had access to the matters of the Unseen. Subsequently, this was one of the miracles from his many

miracles which prove his truthfulness, upon from Allah be the best blessings and most perfect peace. In this prophetic

tradition establishes the prohibition of cheating in the spoils of war whether it be a little or a lot. Amir’l-Mu’mineen

Muhammad Bello ibn Shehu Uthman ibn Fuduye` said in his Tawfeeq’l-Juhuul Àla Anwaai` Mufaasid’l-Ghuluul: “As

for the judgment of cheating in the spoils of war it says in the al-Qawaaneen: ‘Cheating in the spoils of war is forbidden

by consensus.’ Ibn al-Haajib said in his Mukhtasar: ‘Cheating in the spoils of war in anything other than foodstuff and

the like, such as pilfering from the instruments of war is forbidden by consensus.’ Ibn Farhun said in his commentary on

this: ‘The prohibition of this has been transmitted by the Book, the Sunna and the consensus. This is something about

which there is no doubt.’ An-Nawwawi said in his commentary upon Muslim: ‘The Muslims are unanimous regarding

the repugnance of the prohibition of cheating in the spoils of war and that it is among the major sins. They are also

agreed that in what he pilfered he owes a blood sacrifice.’ Ibn Abd’s-Salaam at-Tunusi said after citing the prophetic

traditions prohibiting cheating in the spoils of war: ‘These narrations apparent in the judgment that it is among the major

sins.’ It was the same view which many others held. The author of the Mashaari` al-Ìshaaq Ila Musaariu` al-Ashwaaq

said: ‘Cheating in the spoils of war is one of the most immense of offenses and among the punishable of sins.’ Al-

Hudayri said in his commentary upon the Mukhtasar of Khalil where he said: ‘Cheating in the spoils of war is an illicit

removal, and there is not disagreement that cheating in the spoils of war is among the major sins’.” There is

disagreement regarding the punishment of the one who cheats in the spoils of war. Some of the people say: “His entire

saddlebag should be burned.” Some say: “There is no punishment for him except a verbal upbraiding.” The reason for

their disagreement is the disagreement that they have regarding the soundness of the prophetic tradition os Saalih ibn

Muhammad ibn Zaa’ida on the authority of Saalim on the authority of Ibn Umar who said that he upon him be blessings

and peace said: “Whoever cheats in the spoils of war, then his equipment and belongings should be burned.” Al-Hassan

al-Basri said: “All of his equipment and belongings should be burned, except his animals or scripture.” Both Makhul,

Saìd ibn Abd’l-Àziz and al-Awzai all said: “All of his equipment and belongings should be burned.” However, al-

Awzai` added: “…except what he pilfered, his weapons and the cloths on his back.” Malik, Abu Hanifa, al-Layth, at-

Thawri and as-Shafi` all said: “He should be verbally reprimanded and his equipment and belongings should not be

burned.” Ibn al-Mundhir said: “The scholars agree that it is obligatory for the one who cheats in the spoils of war to

return what he pilfered to the one responsible for dividing the spoils, as long as the warriors have not yet dispersed.”

They, differ, however, in what is to be done if the army has already dispersed. A cadre of the jurists said: “He should

turn it over to the Imam who should take from it a fifth, and the remainder is to be given in charity.” This is the view of

al-Hassan al-Basri, al-Layth and at-Tawri who took it meaning from what was narrated on the authority of Muàwiyya

On What Has Been Related Regarding the Spoils of War Being for Those Present at the

Combat521 It has been related in the Saheeh of al-Bukhari on the authority of Zayd ibn Aslam522 on the

authority of his father,523 who said that Umar ibn al-Khataab, may Allah be pleased with him said:

“Were it not for those Muslims who have not yet come into existence I would divide the wealth of

ibn Abi Sufyan. It has been related on the authority of Ibn Masùd that he held the view: “That the wealth whos owner

is not known should be given in charity.” This meaning was narrated on the authority of Ibn Abass. However, as-Shafi`

held the view that it is not to be given in charity and said: “I do not hold the view that it should be given in charity from

any perspective. For if it is his mixed with his own wealth he cannot give it charity, and if it is the welth of another

likewise cannot give someone elses wealth as charity.” 521 As for the meaning of the expression ‘ghaneema’ (spoils of war), it is what the Muslim calvary and foot-soldier

capture from the wealth of the idolaters, from which a fifth is obligated to be divided and given over to those whom

Allah has designated. The remaining four-fifths is to be divided among the warriors who seize it, where three shares are

to be given to the calvary and one share is to be given to the foot-soldier. Allah taàla says: “…and realize that what you

seize as spoils from anything …”; which was revealed regarding the spoils captured at the battle of Badr. The Erudite

authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said regarding the meaning of

this verse in his Diya ‘t-Ta’weel Fee Maàna at-Tanzeel: “…and realize that what you seize as spoils”; that is, what you

take by force from the disbelievers; “…from anything …”; whether it be significant or insignificant, even if it is a piece

of thread and needle. As for the meaning of his saying: “…for those present at the combat”; this refers to those who

actually witness and are present in the jihaad and the fighting. This, however, is with the exception of the battle of

Khaybar, because the spoils of war seized there were exclusively divided dissimilar to what was done with spoils seized

in any other land, because the Messenger of Allah, may Allah bless him and grant him peace divided the spoils of war

of Khaybar and gave a portion of it to Ja`far ibn Abi Talib and those with him who arrived on the ship of Abu Musa,

none of who were not present in the combat. He made this decision due to the severity of their indigence in the

beginning of Islam. It is for this reason that the Shehu, may Allah be merciful to him narrated the two following

prophetic traditions regarding Khaybar to establish the lawfulness of the spoils of war. 522 He was Abu Abdallah Zayd ibn Aslam al-Àdawiy al-Ùmari al-Medini. He was an Imam, a proof, a spiritual

exemplar and outstanding jurist. He was the son of the freedman of Umar ibn al-Khattab. He was from among our

grandfathers, the Black Arabs. He transmitted prophetic traditions from his father Aslam, Abdallah ibn Umar, Jaabir ibn

Abdallah, Salma ibn al-Akwai`, Anas ibn Malik, Àtaa’ ibn Yasaar, Ali ibn al-Hussayn ibn Ali ibn Abi Talib, Saìd ibn

al-Musayyib, and many others. He held a lecture circle of knowledge in the masjid of the Messenger of Allah, may

Allah bless him and grant him peace. He was among the right acting scholars. He transmitted more than two-hundred

prophetic traditions. Those who transmitted from him were his sons: Usama, Abdallah, and Abd’r-Rahman, the clan of

Zayd; Malik ibn Anas, Sufyan at-Thawri, al-Awzai`, Sufyan ibn Ùyayna, and others. Al-Bukhari said: “Ali ibn al-

Hussayn used to sit in the learning circle of the Zayd ibn Aslam. He once spoke about that and said: ‘Indeed a man must

sit with one who benefits him in his religion’.” Malik ibn Anas said: “Zayd ibn Aslam was appointed as administrator

over a mine of the Banu Sulaym. The mine was haunted and the people there continued to be adversely affected from

the jinn. When he was appointed over them, they complained to him about this. He then commanded them to perform

the call to prayer, and that when they made it to raise their voices. They did this and this malevolence was lifted from

them until the presence.” Abd’r-Rahman ibn Zayd ibn Aslam said: “When Malik composed his al-Muwatta he placed

the prophetic traditions transmitted by Zayd at the end of each chapter. I asked him about that and he said: ‘Indeed it is

like a commentary to everything before it’.” He died in the month of Dhu’l-Hijja in the year 136 A.H. 523 That is to say, on the authority of Aslam al-Àdawiy al-Habashi al-Aswadi. He was Abu Zayd Aslam al-Bujaawi al-

Umari. He was the freedman of Umar ibn al-Khattab. He was originally from Bujawi. It is said that he was originally

from Yemen. He was captured during the battle at the spring of at-Tamr. Umar purchased him in Mecca when he made

the pilgrimage in the year following the Farewell Pilgrimage, during the time of Abu Bakr as-Sideeq. He freed him on

his return back to al-Medina. Aslam transmitted prophetic traditions from Abu Bakr, Umar, Uthman, Muàdh, Abu

Ùbayda ibn al-Jaraah, Ka`b al-Ahbar, Abdallah ibn Umar, and others. Those who transmitted from him were his son

Zayd, al-Qaasim ibn Muhammad ibn Abu Bakr as-Sideeq, Naafi` the freedman of Abdallah ibn Umar, Muslim ibn

Jundub, and others. Aslam died during the khilaafa of Abd’l-Malik in the year 80 A.H. at the age of 114.

every town I conquer among the people the way the Messenger of Allah, may Allah bless him and

grant him peace, divided the wealth of Khaybar.”524

524 The meaning of the words of Umar, may Allah be pleased with him: “Were it not for those Muslims who have not

yet come into existence”; is that he said this in order to bring joy to the souls of those involved in seizing the spoils of

war; and it meant that if he were to divide the spoils of every town equally between the warriors that there would not

remain anything for those Muslims coming after them. The meaning of his words, may Allah be pleased with him: “I

would divide the wealth of every town I conquer”; that is equitably among those who were involved in the actual

seizing of the spoils. However, due to the consideration for those Muslims who have not yet been born he adjudicated

not to divide all of it between them, but to make part of it as an endowment for the Muslims. The meaning of his words,

may Allah be pleased with him: “…among the people the way the Messenger of Allah, may Allah bless him and grant

him peace, divided the wealth of Khaybar”; is that this is a reference to part of the land of Khaybar and not all of it as

at-Tahawi clarified. It has been related by Isma`il ibn Is’haq on the authority of az-Zuhri who said: “Khaybar consisted

of many fortresses. Some of them were conquered by fighting, while some its people surrendered in order that their

blood would be protected. However, the judgment regarding the whole of Khaybar was that it was forcibly conquered.”

In the narration of Ibn Idris he added: “However, I desired that the jizya be applied to them.” On the authority of Ibn

Wahb on the authority of Malik regarding the reason for this narrative which caused Umar to say what he said: “When

Umar conquered Syria, he appointed Bilal as governor over it who said to him: ‘Should we divide its wealth or should

we compel them with the sword?’ Umar said: ‘Were it not for those Muslims who have not yet come into existence I

would divide the wealth of every town I conquer among the people the way the Messenger of Allah, may Allah bless

him and grant him peace, divided the wealth of Khaybar’.” Ibn at-Teen said: “In saying what he said, Umar made an

interpolation of the words of Allah: ‘…and those who will come after them…’; where he held the view that the

communities of Muslims which would come latter were to be held as an example for the first. He feared that if he were

to completely divide the wealth obtained from all the areas conquered between those present in the battles, then there

would be no share left from the tribute for those coming after them. Thus, he decided to establish the lands which were

conquered as an endowment, and impose a land tax upon them which would be a permanent benefit for the Muslims.”

The Shehu, may Allah be merciful to him said in his Bayaan Wujuub’l-Hijra in chapter thirty-three regarding the

different types of the spoils of war: “Ibn Juzay said in his al-Qawaaneen regarding the issue of the types of the spoils of

war: ‘The spoils of war are seven: the men of the disbelivers, their women, their children, their wealth, their land, their

food and drink. As for the men, the Imam has a choice with them in five areas: they can be killed; released; ransomed;

the jizya imposed on them or they can be made captive. In any of these the Imam has to make the most suitable choice.

As for women and children the Imam has a choice between releasing them, ransoming them and taking them as

captives. As for the wealth, it is divided into four categories; the first is for Allah specifically and comprises: the jizya,

the land tax, the tithe for the dhimmi, the tithe of the people of truce and what is obtained from the disbelievers without

fighting. All of this is considered spoils (fay’). The Imam has the discretion to utilize this wealth in anyway which he

sees will be advantageous for the welfare of the Muslims, excluding the khums, in contrast to what as-Shafi` held. The

second category of the wealth is that which is seized and there is no khums to be taken from it. It comprises what is

obtained from precious metals of the lands of war without seizure, like the captive who flees from the disbelievers with

wealth, and what wealth the enemies discord fearing it will be submerged in the wealth seized, except when it is gold

then its judgment is the same as the judgment for wealth taken from the precious metals of the land of war. The third

category of the wealth is the khums for the sake of Allah, and the remainder is for whoever seizes it, and consists of the

spoils of war (ghaneema) and precious metals. What is meant by the spoils of war is what is seized by way of conquest.

Its judgment is the same judgment of wealth seized from thieves and robbers. The fourth category of wealth is that

about which there is disagreement, whether it should be taken as khums or not. It includes what is seized of the slaves of

the disbelievers unaccompanied by a freemen, women and children unaccompanied by men, the wealth abandoned

without an army desending upon them, for in these, the army has no right to it. It is said that the khums should be taken

from it. As for lands, if they are conquered by force of arms then they are divided into three divisions. The first are

those lands which are too far from the actual control of the Muslims. They should be made desolate by either

demolishing what buildings are there or burning them. The second are those lands which are underneath the control of

the Muslims, except they are uninhabitable. The Imam should give these lands to whoever has the capacity to cultivate

them, and the army has no right over these lands. The third are those lands which are near and sort after. The famous

opinion is that these lands should be made into an endowment, whose land tax should be dispensed for the welfare of

the Muslims from paying the salaries of the mujaahiduun, the civil servants, constructing ramparts, masaajid, city walls,

and other than these. It is said that it should be divided like the remainder of the wealth of the spoils of war, in

accordance with as-Shafi`s view. It is said that the Imam has the discretion to divide and expend it as he likes, which is

In it also525 on the authority of Abu Musa al-Ash’ari, may Allah be pleased with him who

said that the Messenger of Allah, may Allah bless him and grant him peace said: “No one who was

not present at the conquering of Khaybar should received anything from the spoils of war except

those who were present, with the exception of the companions of our ship with Ja’far and his

companions. The spoils should be divided for them with the others.”526

in conformity with the view of Abu Hanifa. If the land is conquered through a treaty of truce (sulh), then it should be

adjudicated based upon the treaty that was made. As for the food and drink, it is lawful to benefit from it without

dividing it among the people, as long as they remain in the lands of war. Thus, its judgment is the same judgment in

foodstuff, fruits, meats, and animal feed based upon the need of those who require it, or those who are not in need. If

there remains surplus from any of these after it has been brought into the lands of Islam, and after the army has

dispersed, then if it is a lot it should be given in charity, and if it is little it should be taken advantage of and utilized. It

is lawful to slaughter the livestock to be consumed, and its skin can thereafter be used for shoes and leather socks. It is

said that it is not lawful to slaughter these livestock and should be left to the authorization of the Imam, if wishes he can

combine the livestock with the other surplus food and drink. However, if the people have a need for any of that, they

can consume some of it without the authorization of the Imam. It is also lawful for the people to take and utilize the

weapons stored up in the armory to use in fighting, but these should be returned after their utilization. This is the same

with mounts used to travel back to their land. These too should be returned to the spoils of war. This is the same with

attire which is taken and worn from the stockpiled spoils of war, these should also be returned after being utilized.’

However, Ibn Wahb said: ‘Utilization cannot be made with the weapons, the attire are the riding beasts.’ It states in the

Mukhtasar of Khalil: ‘It is lawful to take what is needed of shoes, belts, needles, foodstuff, whether livestock or feed,

such as a shirt, a weapon, and a riding mount, with the intention of returning them, and what is left from it should be

returned if it is a lot. If it is a little left over, then it should be given in charity’.” 525 That is to say, it has been related in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Spoils of

War Should be for Those Who were Present in Combat. 526 The meaning of his words, upon him be blessings and peace: “No one who was not present at the conquering of

Khaybar should received anything from the spoils of war except those who were present”; is that this is proof for the

obligation of dividing the spoils of war after the khums has been taken from it between those who actually engaged in

fighting, which comprises four-fifths of the spoils of war and is the exclusive right of those who engaged in the combat.

The meaning of his words, upon him be blessings and peace: “…with the exception”; is a particle of exception which

precludes because what is precluded is not from the genus from which it is precluded. That is to say, those precluded is

not included in the legal judgment of those who were not present in the battle. This is because they were singled out

specifically over all others in this legal judgment. The meaning of his words, upon him be blessings and peace: “…of

the companions of our ship”; he meant by them, Ja`far ibn Abi Talib along with the group from among the Companions

of the Prophet, may Allah bless him and grant him peace who made the hijra to Abyssinia when the Prophet, may Allah

bless him and grant him peace was still in Mecca. For when they heard that the Prophet, may Allah bless him and grant

him peace had made the hijra, and that his religion had become strong, they then returned riding in the said ship. Their

arrivial coincided with the conquering of Mecca. He upon him be blessings and peace said: “You have, O companions

of the ship, two emigrations.” He meant that for them was the hijra from Mecca to Abyssinia, and the hijra from

Abyssinia to al-Medina. As for those who did not make the hijra to Abyssinia, they only have one hijra, from Mecca to

al-Medina. It is for this reason that the Messenger of Allah, may Allah bless him and grant him peace gave them

precedence over the other Muhaajiruun, and singled them out from the portion of the spoils of war which is normally

the exclusive right of those who participate in the combat. The meaning of his words, upon him be blessings and peace:

“…with Ja’far and his companions”; is that the particle ‘with’ is a conjunctive particle of clarification explaining who

the companions of the ship actually were. As for Ja`far, he was Abu Abdallah Ja`far ibn Abi Talib Àbdumanaf ibn

Abd’l-Muttalib Shaybat’l-Hamd ibn Haashim ibn Àbdumanaf ibn Qusay al-Hashimi. He was a spiritual master, the

martyr who affair with Allah is immense, the learned of the mujaahideen. He was the brother of Ali ibn Abi Talib and

was older than him by ten years. He made the two emigrations. Ibn Abi Shayba related on the authority of as-Sha`bi

who said: “The Messenger of Allah, may Allah bless him and grant him peace came at the time that Khaybar was

conquered and it was said to him: ‘Ja`far has arrived from the an-Najashi.’ He then said: ‘I do not know which of the

two things makes me happier; the arrival of Ja`far or the conquering of Khaybar!’ He then went to meet him and kissed

him between the eyes.” In the narration of Abu Nuàym on the authority of Jaabir: “The Messenger of Allah, may Allah

bless him and grant him peace then kissed him between the eyes and said: ‘O my beloved! Of all the people you are the

one who most resemble me in physical traits and character traits; for you were created from the same soil that I was

created from, O my beloved’!” After the battle of Khaybar, Ja`far resided some months in al-Medina, then the

Messenger of Allah, may Allah bless him and grant him peace ordered him to lead a military attachment against Mu’tah

in the region of al-Kirk, where he became a martyr. He, upon him be blessings and peace said regarding the merits of

Ja`far ibn Abi Talib as it was related by Abu Hurayra: “I saw Ja`far in Paradise and he possessed two wings.” Ar-Raafi`

narrated on the authority of Abdallah ibn Ja`far that he upon him be blessings and peace said: “I entered Paradise, and I

saw a young beautiful dark brown skinned woman. I said: ‘O Jibril who is she?’ He said: ‘Indeed Allah taàla knew of

the passion which Ja`far ibn Abi Talib has for dark brown skinned women, so he created her for him’.” The meaning of

his words, upon him be blessings and peace: “The spoils should be divided for them”; that is, for Ja`far and his

companions from the ship who made the emigration from Abyssinia to al-Medina. The meaning of his words, upon him

be blessings and peace: “…with the others”; that is, along with those who were actually present with the Prophet, may

Allah bless him and grant him peace in the conquering of Khaybar. Al-Khataabi said: “It seems that the Prophet, may

Allah bless him and grant him peace actually gave them a portion of the khums which was his right, rather than from the

portion which was the exclusive right of those who were present in the combat.” It states in the an-Nayl: “Ibn at-Teen

said: ‘It is conceivable that he gave it to them with the contentment of the remainder of the army. It was this view which

Musa ibn Ùqba insisted on his Maghaazi. It is also conceivable that he gave them from the whole of the spoils of war

because they had arrived before the actual division of the spoils had taken place and after it was counted and enclosed’.”

Thus, what can be extracted from the two prophetic traditions narrated by the Shehu is that the battle of Khaybar was

singled out for this legal ruling over and above any other land because the Messenger of Allah, may Allah bless him and

grant him peace only divided the spoils of Khaybar for those who were not present in the combat. It is for this reason

Khaybar cannot be used as a legal precedence. Al-Muhallab said: “The spoils of Khaybar were divided in this way for

the companions of the ship due to the severity of their destitution in the beginning of Islam, because the emigrants from

Abyssinia were under the care of the al-Ansaar being provided for with their dates and livestock due to their poverty.

This proved extremely difficult for the al-Ansaar and the Muhaajirrun were also in dire straits.” From the prophetic

tradition establishes the causes for the differences among the jurist regarding the judgment of a land. Ibn Bataal said:

“Abu Hanifa said: ‘We have found narrations from the Messenger and the Khalifs after him regarding lands which are

conquered that they come under three legal rulings: a land whose people accepted Islam then what is in that land is

theirs by right. It is a land upon which the tithe should be paid and nothing else. The second is a land which was

conquered through a treaty based upon a stipulated tribute, for they are only obligated to hand over what the treaty

established. And finally, a land conquered by force. It is this land about which the Muslims differ. Some say that their

system is the way of the spoils of war, which is divided into four-fifths to be distributed to those who participated in the

conquering of that land. The remaining fifth is what Allah named the khums’.” Abu Ùbayd said: “Some of the jurists

said: ‘Rather, the judgment of the lands conquered by force and the one responsible for adjudicating in it is the Imam. If

he feels that it should be made as spoils of war, he should then divide it into five-fifths and then distribute it in the same

manner that the Messenger of Allah, did at Khaybar. That is his sole responsibility and prerogative. When he feels that

it is more appropriate to make the land into an endowment, then he should make it for the benefit of the remaining

Muslims, as Umar did with the lands of Syria’.” At-Tahawi said: “This is the expressed view of Abu Hanifa, at-Thawri,

Abu Yusef and Muhammad.” However, Malik held an obscure opinion which was cited in the al-Mudawwana regarding

the legal judgment of the lands couquered by force of arms: “It is to be dispensed based upon the independent judgment

(ijtihaad) of the Imam.” It states in the al-Ùtubiyya and in the book of Ibn al-Mawaaz from Samaa` ibn al-Qaasim:

“The social practice (àmal) to be followed regarding the lands conquered by force of arms is what Umar did; which is

that he did not divide it but kept it as it was. However, Bilal and his companions pressed upon Umar, and he eventually

divided parts of the lands of Syria’.” Malik said: “Whoever accepts Islam in the lands conquered by force of arms, has

no right to its land or his house. As for for the one who makes a treaty regarding his land, then it is prohibited for the

people of Islam to encroach upon it except after the treaty has transpired or been violated. If they then accept Islam, then

their land is theirs as well, and the tribute on their land is annulled.” Ibn Habeeb said: “Whoever accepts Islam in the

lands conquered by force of arms should maintain control over his own life and wealth, as for the land, it belongs to the

Muslims. As for his personal wealth and what he earned, it belongs to him; because whoever accepts Islam, then

everything in his possession is his. The proof for the view of as-Shafi` is that the lands should be divided the way the

Messenger of Allah divided the land of Khaybar.” The Shehu, may Allah be merciful to him said his Bayaan Wujuub’l-

Hijra Àla’l-Ìbaad in chapter thirty-four regarding the methodology of dispensing the spoils of war: “In clarifying that

Ibn Juzay said in his al-Qawaaneen: ‘The Amir of the army should determine the number of his soldiers left after the

fighting, then divide the spoils of war into four-fifths and distribute these among them in the lands of war.’ Abu Hanifa

said: ‘He should not divide the spoils until they have returned to the lands of Islam and he has a choice between

distributing the actual property or its value. He should do that in accordance with what is more appropriiate.’ He also

said regarding who should be given a share: ‘As for a free mature Muslim, he is to be given a portion by unanimous

agreement. As for the disbeliever, if he does not participate in the fighting then he has no share of the spoils. However,

if he does participate in the fighting there are three opinions regarding him. In the third opinion distinction is based upon

whether the Muslims were in need of his assistance which determines if he gets a share or not. The captive is to be

treated like the disbeliever. The boy able to fight is to be given a share. It is also said that he should not be given a share

according to two of the Imams. The woman who does not participate in the combat is not to be given a share. If she does

fight, then there are two conflicting views regarding her. The merchant and the paid laborer (mercenary) who participate

in the combat should be given a share in the more famous opinion. The lame, leper, and the one whose left hand has

been amuputated are to be given a share if they participate in the combat, in contrast to the blind, the complete invalid

and the one who has both hands amputated. He (Abu Hanifa) said regarding those who have a right to the spoils of war:

“Those present in the combat have a right to the spoils of war, even when the spoils are obtained after they have

dispersed, in the more famous opinion.” Again it is said that they are entitled simply by virtue of having entered the

enemy territory, Again it is said regarding the one who dies after the actual combat, or is dispatched by the Amir to

attend to some advantage for the Muslims, or his horse dies, or he had to sell it, that in either case a share is established

for them. Whoever falls behind on the road, eventually abandoning the military engagement has no share. If he

however, gets lost from the army until after the army has obtained spoils, there are three views: a share should be given;

his share is forfeited; and the most famous view is that distinction should be made between whether he got lost before

the army reached the main road to the combat, then he has no share. However, if he gets lost after that then his share is

established. This is the same with the ships when the winds prove detrimental. This is the same when the army comes

upon a river and some of the army cross it and sieze spoils and the others remain behind, then the latter are not to be

given a share of the spoils. If the army is divided into two sections where each gains spoils of war in their respective

engagements, then the spoils should be shared equally between both sectors of the army If a contingent of the army is

sent on a military raid and obtain spoils in a place close to the aid of the general army, then what they obtain of spoils

should be shared with the whole army. However, if they make military raids far from the aid of the general army, then

they are not required to share the spoils between them. If the general army gain spoils after the return of this contingent,

then a share in the spoils between them is established; especially if that contingent goes out with the authorization of the

Imam. Abu Hanifa said: “If reinforcements are barred from reaching the army after the ending of the combat, and the

army obtains spoils, then they should have a share in that.” The author of the al-Qawaneen also said regarding the share

to be given to a member of the calvary and other mounted warriors: “The foot-soldiers should be given one share and

the cavalry should be given three – one for himself and two for his horse. Abu Hanifa said: “One share is to be given for

a single horse and other mounted beasts. Both the foot-soldier and the member of the calvary should be give one share

of the spoils.” The share is to be equally given for a horse of a slave, of a person restrained, of a wealthy person, a horse

loaned out, or a horse constrained, the share in all of these goes to the rider. If a person’s horse was forcibly conscripted

then he is to be given a share of the spoils like the others. The warrior who actually owns many horses used in the

combat by others, then he should be given a share of only one additional horse other than what he rode, and should not

be given a share anything more than two horses, based upon the unanimous consensus. Although Ibn Hanbal differs in

his more famous opinion and says that no share should be given for the second horse. The share to be given to the Amir

of the army is just like the share give to other soldiers. A share of the spoils should not be given to the one, who drives,

mules, donkeys, camels, elephants or for horses which are extremely emaciated but which prove beneficial, in contrast

to those horses which are slightly lame or sick.”

On What Has Been Related Regarding the Khums (the Fifth)527 It has been related in the Saheeh of al-Bukhari on the authority of Ibn Abass, may Allah be

pleased with him who said: “Delegations of Abd’l-Qays came and said: “O Messenger of Allah!

Indeed we are this tribe from among the Rabi’a between us and you528 there is an area where the

disbelieving people called the Mudar reside. There is no way for us to reach you except during the

sacred months. Therefore order us with what we can adhere to and with what we can invite those

left behind to.” He said: “I command you to four things and I forbid you four things: belief in Allah;

bearing witness to Laa ilaha illa Allah…”; (He then pointed with his hand); “…establish the prayer;

527 The Shehu mentions in this section the explanation of the legal judgment of the khums (fifth of the spoils of war).

The etymological root of the expression ‘khums’ (fifth) where the letter khaa is inflected with damma is the portion

which the Amir takes from the wealth of the land which is conquered by the Muslims. It includes what he chooses from

the principle part of the spoils of war such as horses, female or male captives; and it is what is meant by the words of

Allah taàla: “For, indeed to Allah belong the fifth, and to the Messenger, the nearest of kin, the orphan, the destitute

and the wayfarer, if indeed it is in Allah that you believe.” The Erudite authority of the Land of the Blacks Abdullahi

ibn Fuduye, may Allah be merciful to him` said regarding the meaning this verse in his Diya ‘t-Ta’weel Fee Maàna at-

Tanzeel: “For, indeed to Allah belong the fifth”; since He has the sole right to command whatever He wills, thus He

divides the fifth to be distributed on behalf of five beneficiaries joined conjunctively in the verse. This verse was

revealed regarding the spoils of war at Badr after the issue of the spoils was referred to His Messenger. He then

particularized what had been generalized in that verse; by codifying the legal precepts which now remain the code of

conduct in that until the end of time. The expression: ‘indeed to Allah belong the fifth’, is a predicate phrase of a

relative pronoun in the statement ‘…indeed to…’. Thus, the sentence stands in the place of an object of the determinate

noun; “…and to the Messenger”; is that the whole of the fifth of the spoils of war are to be dispensed by him for the

general welfare of the Muslims. After him, then the ruling regarding the fifth falls to the Imam to distribute based upon

his own independent judgment (ijtihaad), concerning his own requirements, the general welfare of the Muslims, the

welfare of the weak, ancillary advantages and to ameliorate things which have been plundered during the war. This is

the expressed view of Malik. However, Abu Hanifa said that after the Prophet, may Allah bless him and grant him

peace, the spoils should be restricted for the orphan, the destitute and the wayfarer, but that the portion to be given to the

nearest of kin is annulled with him. With Malik, however, the nearest of kin are only excluded from receiving a share if

they are not poor. As-Shafi` and Ahmad both said: “The fifth is normally divided into five fifths, and the Prophet made

it the right of the four categories cited in the Qur’anic verse, in which each group received a fifth, and whatever

remained of the last of the four fifths was dispensed to those who participated in capturing the spoils of war.” This is the

view established by the consensus; as Ibn al-Àrabi said: ‘The Amir should divide and distribute the spoils of war

between them in the lands of war, whether it be the actual property or its value, where the foot-soldier receives a share

and the calvary receives three shares - one share for his horse and two for him. The share of the Amir should be like

others’; “…the nearest of kin”; that is those close relatives of the Prophet, from the Banu Hashim and the Banu al-

Muttalib, if they are poor according to the view of Malik and Abu Hanifa, as we mentioned; “…the orphan”; who

include the children of the Muslims whose parents are deceased and who are poor; “…the destitute”; those who are in

dire need from among the Muslims; “…and the wayfarer”; is the Muslim who is cut off due to his travel. This verse is

unequivocal in general delineating who should be the recipients of the spoils of war. Nonetheless, Malik said that the

Imam has the right of discretion to decide how the lands from the spoils should be divided as he deems appropriate; just

as the Prophet, may Allah bless him and grant him peace did at Khaybar, or he can conserve it as an endowment for the

general welfare for the Muslims when his independent judgment indicates this should be done; as Umar ibn al-Khattab

did with the lands of Egypt, Syria and Iraq. This is the famous view of Malik. The focal point of the legal rulings

regarding the spoils of war have been elucidated in the books of jurisprudence; “…if indeed it is in Allah that you

believe”; that is to say, that you should learn this legal injunction and act in accordance with it. It has been related in the

prophetic tradition of Àddiy ibn Abi Hatim who said that the Messenger of Allah, may Allah bless him and grant him

peace said: “In the days of ignorance the spoils of war were divided into fourths, while in Islam it is divided into fifths.”

What this means is that there is a legal distinctions which separate the two kinds of armies, because in the days of

ignorance, the leader would take a fourth of the spoils of war for himself, however with the advent of Islam; a fifth was

singled out for the Amir, which he is then required to distribute on behalf of the others cited in the Qur’anic verse. 528 Here ends facsimile 51 of the Arabic manuscript.

give the zakaat; fast Ramadan; and that you turn over to Allah a fifth (khumus) of what you take for

spoils.”529

529 The meaning of the words of Ibn Abass, may Allah be pleased with him: “Delegations of Abd’l-Qays came”; is that

the expression ‘wafd’ (delegation) is the plural of groups of people who arrive of their own choice in order to meet

someone considered great, thus, the singular is ‘waafid’. The appellation ‘Abd’l-Qays’ is a reference to the name of the

father of the original tribe. Al-Àyni said: “It is a huge ethnicity residing in Bahrayn who trace their ancestry to Abd’l-

Qays ibn Afsah ibn Du`miy ibn Jadeela ibn Asad ibn Rabià ibn Nazaar ibn Ma`d ibn Àdnaan. The arrival of the

delegation of the Abd’l-Qays to the Prophet, may Allah bless him and grant him peace occurred in the fifth year of the

hijra, before the conquering of Mecca. The meaning of his words, may Allah be pleased with him: “…and said: “O

Messenger of Allah! Indeed we are this tribe from among the Rabi’a”; is that this portion of our tribe that you see is a

sector from the Rabià. The expression ‘hayy’ (segment/sector) originally was a designation for the place of dwelling of

an ethnic group. Then the ethnic group eventually became known by that name since it is there that they live with one

another. It is said that the above mentioned delegation of the Abd’l-Qays comprised of fourteen individual riders. The

most prominent of them was al-Mundhir ibn Àa’idh al-Ashja. Among them also were Mazida ibn Malik, Ùbayda ibn

Himaam, Àmr ibn Marhum, Munqidh in Hibaan, al-Harith ibn Shuàyb, and al-Harith ibn Jundub. The meaning of his

words, may Allah be pleased with him: “…between us and you there is an area where the disbelieving people called the

Mudar reside”; is that the disbelievers among the Mudar lay between them and al-Medina and it was not possible for

them to reach there except by first encountering them. The Mudar, where the letter meem is inflected with damma and

the letter daad is inflected with fatha are the descendents of Mudar ibn Nazaar ibn Ma`d ibn Àdnaan, who was the

actual brother of Rabià. The meaning of his words, may Allah be pleased with him: “There is no way for us to reach

you except during the sacred months.”; is that we cannot reach you except during these times. The expression ‘sacred

months’ is a generic phrase referring to the four sacred months indicated in the words of Allah taàla: “Indeed, the

number of the months with Allah is twelve months, transcribed in the Book of Allah the Day He created the heavens and

the earth. Four of them are sacred.” The four sacred months are [1] the month of Rajab Mudar (O Allah be merciful to

its People) which comes between the month of Jumad’l-Akhir and the month of Sha`baan, It is called ‘Mudar’ because

the Mudar tribe went to extremes in extolling the month of Rajab. It is for this reason that in some prophetic traditions

their name is subjoined to the month itself, thus: ‘Rajab Mudar’; [2] the month of Dhu’l-Qaìda; [3] the month of

Dhu’l-Hijja and [4] the month of al-Muharram. They are called ‘sacred’ or ‘inviolable’ due to the prohibition of

fighting during them. Thus, what he meant is that during this period they do not oppose us, as was the custom of the

Arabs in showing respect for the sacred months by restraining themselves from fighting during these months. The

meaning of his words, my Allah be pleased with him: “Therefore order us with what we can adhere to and invite”; that

is to say, invite others to that command. He used the phrase ‘naakhudu’ (we can adhere to) in the accusative case to

indicate that it is an adjective of the thing commanded, and the expression ‘invite’ is joined to it by conjunction. In

another narration they said: “…with what we can take from you.” The meaning of his word, may Allah be pleased with

him: “…those left behind to”; is those left behind from among our people, or from the adjacent lands to us, or those who

will come after us in future times. The meaning of his words, upon him be blessings and peace: “I command you to four

things and I forbid you four things”; that is to say four traits or four precepts. The meaning of his words, upon him be

blessings and peace: “...belief in Allah; bearing witness to Laa ilaha illa Allah”; where ‘belief’ and ‘the testimony’ are

not separated by a conjunctive particle waw, which is more appropriate because belief and the verbal attestation are one

reality. The expression ‘imaan’ (belief) is made genitive because it is a grammatical substitute (badal) of the expression

which precedes it ‘to four things’ (bi arbaìn), and the expression ‘bearing witness’ (shahaadati) is also made genitive

because it too is a grammatical substitute (badaliyya) of the word ‘belief’. He did not mention in this narration the

acknowledgment of messengership, however it is understood and implied because the first part of the testimony is an

indication of the whole. The meaning of his words, may Allah be pleased with him: “He then pointed with his hand”; as

proof that the verbal testimony is one of the four. In another narration he said: “He then pointed with one finger”; which

is also a reference to the singular word of tawheed. Thus, he upon him be blessings and peace delineated belief in Allah

and bearing witness to Laa ilaha illa Allah into a singular word. This is the interpolation accorded this expression by

Sulayman ibn Harb and Muhammad ibn Ùbayd. In another narration he said: “He then pointed with his hand like this”;

As for the prophetic tradition transmitted by Musaddid, it is more explicit and clear in transmitting this meaning. He

said: “…belief in Allah, and he then explained this to them by adding: ‘bearing witness to Laa ilaha illa Allah and

Muhammad is the Messenger of Allah’, for bearing witness to there is no deity except Allah and that Muhammad is

the Messenger of Allah is the singular word.” The meaning of his words, upon him be blessings and peace: “…establish

the prayer”; which is that establishing the prayer is the second of the four matters. It is said that it is the first of them;

however the first opinion is foremost. The meaning of his words, upon him be blessings and peace: “…the zakaat; is

that giving the obligatory alms is the third of the four matters. It is said that giving the obligatory alms is the second of

them, based upon what Qadi Abu Bakr ibn alÀrabi said: “It is conceivable that what he said actually conjoin the prayer

and the obligatory alms as one because they are joined together in the Book of Allah.” However, the foremost opinion is

the first, and it is that the obligatory alms is the second of the four matters. The meaning of his words, upon him be

blessings and peace: “…fast Ramadan”; is that fasting the month of Ramadan is the fourth of the four matters. It is said

that it is the third of them; however the first opinion is the foremost. He did not mention the pilgrimage since this was

already well known to them; or because they were in the midst of the pilgrimage at the time that they arrived to meet the

Prophet, may Allah bless him and grant him peace; or because the pilgrimage was not obligatory at that time, which is

the soundest opinion since it was made obligatory in the ninth year of the hijra. The meaning of his words, upon be

blessings and peace: “…and that you turn over”; is as it was stated in another narration: “…and that you give”; both

which are conjunctive clauses to the phrase: ‘four things’; which means: ‘I have ordered you to four things, and that you

give over’; “…to Allah a fifth (khumus) of what you take for spoils”; which means the discharging of the fifth of the

spoils of war taken in the jihaad in the Way of Allah. This statement establishes the lawfulness of three matters: [1]

jihaad; [2] the spoils of war (ghaneema); and [3] the fifth (khums). The Muslims are unanimous regarding the spoils of

war which are seized through coercion from the hands of the European Christians with the exception of their lands, that

the fifth of it goes to the Imam, and four-fifths is to be given to those who participate in the combat. This is based upon

the word of Allah: “Know that what you seize of anything from the spoils of war, then to Allah belong a fifth, and to His

Messenger…”. There is disagreement regarding the fifth into four distinct well known schools of thought. The first

being that it is to be divided into five parts based upon the textual evidence of the Qur’anic verse, which is the view of

as-Shafi`. The second is that it is to be divided into four parts and that the words of Allah taàla: “then to Allah belong a

fifth” is simply the commencement of speech, and that there is no fifth division. The third view is that in these days it is

to be divided into three divisions, and that the share for the Prophet, and his nearest of kin has been annulled with the

death of the Prophet, may Allah bless him and grant him peace. The fourth view is that the actual fifth stands in the

place of tithe handed over by the wealthy and poor alike. This is the view of Malik, as well as those of the rank and file

of the jurists. Those who hold the view that the spoils should be divided into four-fifths or five-fifths, differ regarding

what should be done with the share of the Messenger of Allah, may Allah bless him and grant him peace and that of his

nearest of kin, after his death. Some of the jurists say that it should be given to the remainder of the categories stipulated

in the Qur’anic verse who have a right on the fifth. Some of them say that it should be given over to the military. Some

of them say that the share of the Messenger of Allah, may Allah bless him and grant him peace should be given to the

Imam and that the share of the relatives of the Messenger of Allah, should be given over to the relatives of the Imam.

Their evidence in this is in what was related from the Messenger of Allah, upon him be blessings and peace who said:

“With whatever Allah feeds a Prophet, then it is also belongs to the Khalifa after him.” Some of the jurists say that

instead both the share of the Messenger of Allah, and that of his close relatives should be made available for weapons

and other equipment. There is also disagreement regarding the meaning of close relatives, who are they exactly? Some

of the jurists say that it means the Banu Hashim exclusively; while some say that it means both the Banu al-Muttalib

and the Banu Hashim. As for those who say that the nearest of kin are both the Banu Hashim and the Banu al-Muttalib,

they take as their proof the prophetic tradition of Jubayr ibn Matàm who said: “The Messenger of Allah, may Allah

bless him and grant him peace interpolated that the share to be given to the nearest relatives in the Qur’anic verse as

being the share from the fifth to be given to the Banu Hashim and the Banu al-Muttalib.” As for the four prohibited

precepts he, upon him be peace said: “I prohibit you to utilize dubba, naqeer, hantam, and muzaffat.” Az-Zamkhashari

said: “The linguistic measure of the expression dubba is from fuàal (the effective form of the verb) where the letter

hamza is in the place of the letter laam because it is not normally known that the laam can be exchanged for the letters

waw or yaa.” The meaning of the expression dubba is a gourd. Dawud at-Tayaalisi cited in his Musnad on the authority

of Abu Bakra who said: “As for as dubba it is that the people of at-Taa’if used to take gourds, lathe grapes in them and

conceal it until it soured and then fermented”. The meaning of of his words, upon him be blessings and peace:

“…naqeer, whose origin is from a piece of wood which has been hollowed out in which dates are fermented until it

becomes a strong intoxicant; and which is among those utensils clearly prohibited. Ibn al-Athir said: “The naqeer is

originally a container made from the wood of a date tree whose middle has been hollowed out. Then dates are fermented

in it, water is then added until it becomes completely fermented and intoxicating.” Thus, the prohibition is in what it is

utilized for, not in the utensil itself; where the governing noun of the genitive construction is ommited and means what

is prohibited is the fermented date wine of the naqeer. It is conjugated on the verbal form ‘faèel’ which has the

meaning of an object. It states in the Musnad of Abu Dawud at-Tayalisi on the authority of Abu Bakra who said: “As

for the naqeer, it is what the people if al-Yamaama used to use to ferment wine made from the root of a date palm tree,

then they would mix dried and fresh dates in them leaving them until it soured and then fermented.”. The meaning of his

words, upon him be blessings and peace: “…hantam”; is as Abu Ùbayd said: “It is a reference to the large red earthen

On What Has Been Related Regarding the Jizya530 It has been related in the Saheeh of al-Bukhari on the authority of Abd’r-Rahman ibn

Àwf,531 who said: “The Messenger of Allah, may Allah bless him and grant him peace, took it

from the Magians of Hajar.”532

pots which were used to carry wine to al-Medina.” This was also corroborated by what Abu Dawud at-Tayalisi said in

his Musnad on the authority of Abu Bakra. The meaning of of his words, upon him be blessings and peace: “…and

muzaffat”; is a container which is normally coated with a dark burnish and is a type of gourd, in which is used to

ferment wine. The Prophet, may Allah bless him and grant him peace prohibited those types of burnished containers if

they were used to make wine; as it was related in the prophetic tradition: “Indeed he prohibited burnished containers.”

All of these are containers utilized for making wine, as a result, they became associated in and of themselves to

intoxicants. It is for this reason they were prohibited. Then he, may Allah bless him and grant him peace allowed these

to be used with the precondition that what is drank from them were not intoxicants. Thus, the prohibition of utilizing

these utensils in this circumstance was in beginning of Islam, then this prohibition was abrogated according to the

opinion of as-Shafi`; while Malik and Ahmad maintain that the prohibition still persists. 530 The Shehu mentions in this section the explanation of the legal rulings regarding the jizya. The meaning of the

expression ‘jizya’ is what is taken from the people of a security agreement (dhimma). It’s plural form is both ‘jizyu’ and

‘jizaa’. It is an idiom referring to the wealth which is received as a social contract from the People of the Book

guaranteeing their security and protection. Its source from the Revelation is His words: “Fight those who do not believe

in Allah, the Day of Judgment, who do not forbid what Allah and His Messenger forbid, who do not follow the religion

of Truth, from those who were given the Book, until they give over the jizya by hand and they are subdued.” The Erudite

authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said regarding the meaning

this verse in his Diya ‘t-Ta’weel Fee Maàna at-Tanzeel: “…until they give over the jizya”; which is the tribute specified

for them to be handed over once every year. It is the objective of the fighting commanded in the Qur’anic verse. It is an

action performed as a form of compensation for the free practice of their religion adjudicated as compensation from

fighting them; “…by hand”; is a phrase describing their state, and means that they are to be compliant in doing so, or it

means that they should literally give over the jizya by hand and cannot delegate someone else to do it for them; or it

means from hand to hand in hard currency without a delay in payment; “…and they are subdued”; that is to say

humiliated, and compliant to the soveriegnty of Islam. This requires that they bring it on foot and it be received with

ease. This verse, although it was revealed regarding the People of the Book, Malik held the view that it also embraces

the remainder of the disbelievers with the exception of the apostate. Abu Hanifa said that this verse addresses all the

disbelievers except the idolators among the Arabs. As-Shafi` said that the judgment of the verse addresses the Magians

only, in addition to the People of the Book. As for the fiscal amount of the jizya, Malik said that it is four gold coins for

those who possess gold and forty silver coins for those who possess silver. As-Shafi` and Ahmad said that the least

amount to be paid is one golden coin or more. No jizya is to be applied to the one who accepts Islam from among the

People of the Book and the idolators, as it was cited in the prophetic tradition: “There is no jizya to be affixed against

the Muslim”; which means that when a protected person (dhimmi) accepts Islam then the jizya is not to be sought from

him. Or it means it is not lawful for a Muslim to hand over any form of jizya to the disbeliever, even if they are under

their political authority. 531 He was Abu Muhammad Abd’r-Rahman ibn Àwf ibn Abdamanaf ibn Abdu ibn al-Haarith ibn Zuhra ibn Kilaab ibn

Murra ibn Ka`b ibn Luway al-Qurayshi az-Zuhri, whose mother was as-Shifa’ bint Àwf ibn Abdu ibn al-Haarith ibn

Zuhra. The original name of Abd’r-Rahman was Abd Àmr, then the Prophet, may Allah bless him and grant him peace

renamed him Abd’-Rahman. He was extremely bright complexioned, tall, with a handsome face and an amiable smile.

He was one of the ten people given the Good News of Paradise, one of the six of the People of Mutual Counsel and is

counted among the foremost of the People of Badr. He was the eighth person to accept Islam. He transmitted 65

prophetic traditions. Al-Bukhari transmitted five prophetic traditions from him. Those who transmitted from him were

his sons: Ibrahim, Humayd, Abu Salma, Àmr and Musàb; as well as Abdallah ibn Abass, Abdallah ibn Umar, Anas

ibn Malik, Jaabir ibn Abdallah, and a large number of people besides them. He died in the year 32 A.H. at the age of 75. 532 The meaning of the words of Abd’r-Rahman ibn Àwf, may Allah be pleased with him: “The Messenger of Allah,

may Allah bless him and grant him peace, took it”; that is, he took the jizya. The meaning of his words, may Allah be

pleased with him: “…from the Magians”; is that the origin of the appellation ‘majuus’ (Magians) is from the name of a

well known mountain range. It is the plural form taken from the singular: ‘majuusi’. The first to follow the religion of

the Magian was a man with small ears, who first began to invite people to its precepts. Their belief comprised of the two

fundamental elements, which are light and darkness. They claim that all good is from the dynamics of light and that all

evil is from the dynamics of darkness. It says in the commentary upon the as-Sunna: “There is unanimous agreement

regarding taking the jizya from the Magian, although the majority of the jurists hold the view that they are not from

among the People of the Book. Thus, the jizya is taken from them by the authority of the Sunna, just as it is taken from

the Jews and the Christians by the authority of the Book. Some say, however, that they are among the People of the

Book, for it was related on the authority of Ali, may Allah ennoble his face who said: ‘They had a Book which they

used to study and held true to it, but it happened that it was eventually lifted from them’; as it was cited in the al-

Maraqaat.” The meaning of his words, may Allah be pleased with him: “…of Hajar”; is that at-Tayyibi said: “This is the

name of a land in Yemen close to Bahrayn.” This prophetic tradition establishes the proof that the jizya is to be taken

from the Magian. The followers of Abu Hanifa make a distinction between the Magians from whom it is lawful to take

the jizya, by their saying: “It is to be taken from the Magians among the non Arabs but not the Magians among the

Arabs.” At-Tahaawi transmitted from the followers of Abu Hanifa that: “The jizya should be accepted from the People

of the Book, and from all the disbelievers of the non Arabs, but Islam or the sword is accepted from the idolators among

the Arabs.” It has been narrated on the authority of Malik who said: “The jizya should be accepted from all the classes

of the disbelievers except those who apostate.” This is also the view held by al-Awzai` and the jurists of Syria. Al-Qaari

said in the commentary of the prophetic tradition of Burayda: “This prophetic tradition is from what Malik, al-Awzai`

and those who accord with them, take as proof for the lawfulness of taking the jizya from all the classes of the

disbelievers, whether they be Arab of non-Arab, or from the people who received a Scripture or those who never

received a Scripture.” Abu Hanifa said: “The jizya should be taken from all the classes of the disbelievers except from

the idolaters and Magians among the Arabs.” As-Shafi said: “The jizya is only to be accepted from the People of the

Book and the Magians, whether they be Arabs or non Arabs.” Thus, what is understood from the Qur’anic verse and the

prophetic tradition: “Apply upon them the same Sunna applied to the People of the Book”; where it is interpolated to

embrace in its meaning the People of the Book because the name ‘idolater’ applies absolutely to the People of the Book

as well as others; which was the stipulation that the Companions gave to this, as it was cited in the al-Maraqaat. The

Shehu, may Allah taàla be merciful to him said in his Bayaan Wujuub al-Hijra Àla ‘l-Ìbaad in chapter forty five

regarding the legal judgment of the protected people (ahl ‘d-dhimma) and taking the jizya from them: “It says in the al-

Mukhtasar regarding the explanation of the social contract of the jizya: ‘The social contract of the jizya is done with the

exclusive authorization of the Imam on behalf of the confirmed disbeliever who is responsible, free, able and who

resides with the Muslims and whom a Muslim did not free; but who cannot reside in Mecca, al-Medina and Yemen.

Upon those conquered is applied a tax of hard currency of four gold coins or forty silver coins to be handed over once

every year. It is apparent that it should be handed over at the end of the year. The jizya to be given by the poor should be

lessened based upon his means. It should never, however, be increased for those who are wealthy. The jizya to be

handed over by the disbeliever with whom there is a social contract of truce (sulhiyya) should be based upon the

conditions stipulated in that social contract. If it is an open ended social contract, then it is like the legal judgment of the

first. It is apparent that if he makes every effort to hand over the jizya in the beginning, then it is forbidden to fight him;

along with the fact that he is to be demeaned while taking it. The jizya is annulled with the acceptance of Islam and their

wealth then becomes like the wealth of the Muslims. They are required to host a Muslim who is traveling for three days

and nights. The disbeliever who is conquered and who pays the jizya is considered a free person. When he dies and he

has accepted Islam, then his land only belongs to the Muslims. The legal judgment regarding the disbelievers, who have

a social contract of truce (sulhiy) when the jizya is collected, is that their land belongs to them, they have the right to

make bequest of their wealth, and they inherit it from one another. If their wealth is apportioned out to their freed

slaves, then that wealth is for them, except if they die without someone to inherit from them. In that case their wealth

belongs to the Muslims, and a third of it is to be given to those whom they bequeath it. If the jizya of the disbeliever

under social contract of truce is apportioned to their lands or to both their lands and freed slaves, then they have the

right to sell it, and the tribute on such wealth falls upon the one who sells it.’ He also said after a little: ‘The disbeliever

under protective status (dhimmi) is prevented from riding fine stallions, fine mules, and riding upon saddles; as well as

riding in the middle of the road. They are required to wear attire which distinguish them, and should be punished for

abandoning the belt strap, openly manifesting their intoxicants, their religious doctrines, allowing their tongues to speak

disrespectful towards Islam and the Muslims, allowing the smell of their wine to be apparent, and openly beating their

church bells. Any and all social contracts of the dhimmi are revoked by him fighting against the Muslims, refusing to

pay the jizya, revolting against any of the legal rulings of the Muslims, forcing himself upon a free Muslim woman or

deceiving her into having illicit sex with him, revealing the private affairs of the Muslims, blaspheming a prophet in

what their should be no disbelief in, for which the one who blasphemes should be killed if he does not accept Islam, and

finally his leaving the lands of Islam and residing in the lands of war; in such case if he is captured he should be

enslaved, if he did not leave due to some injustice. If he was the victim of some injustice, then he should not be captured

and enslaved’.” I say: all of this is a refutation of those in these times who claim that it is lawful for Muslims to reside in

the lands of war, like the United States of America and the remaining disbelieving countries who are presently at war

In it also533 on the authority of Àmr ibn Àwf al-Ansaari,534 who said: “The Messenger of

Allah, may Allah bless him and grant him peace, dispatched Abu Ùbayda ibn al-Jarraah to Bahrayn

in order to take the jizya from it.”535

with the Muslims in the lands of Islam, who force themselves upon free Muslim women in Iraq, or who legally permit

the blaspheming of the Prophet, our master Muhammad, may Allah bless him and grant him peace in their lands, and

other than these from the collective crimes they commit against the Muslims these days. All of this revokes any and all

social contracts between these disbelieving states and the Muslims who reside under their sovereignty. It is hence

obligatory upon them to make the hijra to the lands of Islam, even if they are lands of injustice, tyranny and corruption;

or to a land which has a social contract with Muslims, who do not permit the blaspheming of a prophet among its

people; and there is not between them and the lands of Islam war. Our evidence for this is from the narration transmitted

by way of Surayj ibn Ùbayd on the authority of Malik ibn Àamir on the authority of Àamir on the authority of

Abdallah ibn as-Saìdi: “Hijra will not cease as long as the enemies are fighting.” And Allah knows best. Just as the

hijra will not cease likewise the jihaad and its effects will not cease. It has been related in the narration of an-Nisaai’ on

the authority of Salma ibn Nufayl al-Kindi who said: “A man once came and said: ‘O Messenger of Allah, some of the

people are claiming that there is no fighting and that war and its preparations has been put to and end.’ He said: ‘They

have lied! Now! Now! Fighting has come, and there will always remain some from my Umma fighting in the Way of

Allah, and they will not be harmed by those who oppose them until the Hour is established! And war and its preparation

will not be put to an end until the appearance of Yajuj and Majuj’.” And just as the jihaad will not cease until the

appearance of Yajuj and Majuj, likewise the effects of jihaad, such as the truce (sulhi), the armistice (muhaadina), the

social contract (muàahida), political protection (amaan) and the jizya will not cease until the heavenly descent of Jesus

the son of Mary, upon them be peace prior to the appearance of Yajuj and Majuj, as it was transmitted by Ibn Sa`d on

the authority of Abu Hurayra who said that the Prophet, may Allah bless him and grant him peace said: “Jesus the son

of Mary will descend before the Day of Judgment. He will break the cross, kill the swine, gather the people under a

single religion, and he will put an end to the jizya.” It means that the religion will become a single religion and there

will no longer remain any of the people of protection (ahl’d-dhimma) who will be required to hand over the jizya, for

Jesus will only accept the religion of Islam. In the narration of al-Bukhari: “I swear by the One in whose Hand is my

soul, the son of Mary will definitely descend among you as an equitable ruler. He will break the cross kill the swine, and

put an end to the jizya. Wealth will spread until no one will accept it.” This means that wealth will become so abundant

in the time of Jesus, that the people will not be in need of the advantages which the jizya brings, until no one will accept

it. 533 That is to say, it has been related in the Saheeh of al-Bukhari or On What Has Been Related Regarding the Jizya. 534 He was Abu Àmr Àmr obn Àwf al-Ansaari an-Nakhai`. He was the ally of the Banu Àamir ibn Luway, who was

present at the battle of Badr. Ibn Hibban said that he was among the Companions. Ibn as-Sakin said that he was counted

among those who settled in Syria and it is said that he was a Companion. Al-Bukhari also mentioned that he was among

the Companions. It is said that his name was Ùmayr. Ibn Is’haq: “He was the freedman of Suhayl ibn Àmr al-Àamiri,

who resided in al-Medina and produced no offspring. He died in during the khilaafa of Umar, who prayed over him.” 535 The meaning of Àmr ibn Awf, may Allah be pleased with him : “The Messenger of Allah, may Allah bless him and

grant him peace, dispatched Ùbayda ibn al-Jarraah”; is that he was Abu Ùbayda Àamir ibn Abdallah ibn al-Jarraah

ibn Hilaal ibm Uhayb ibn ibn Dabba ibn al-Harith ibn Fihr ibn Malik ibn an-Nadar ibn Kinaana ibn Khuzayma ibn

Madraka ibn Ilyas ibn Mudar ibn Nazaaar ibn Ma`d ibn Àdnaan al-Qurayshi al-Fihri al-Mekki. He was one of the first

and foremost of the early Muslim community. He was among those intent in his purpose of supporting Abu Bakr as-

Sideeq for the khilaafa, by which he indicated on the day of Shaqeeqa. The Prophet, may Allah bless him and grant him

peace testified that he was among the People of Paradise, and named him ‘the Trustee of the Umma’ He was described

with having excellent character, tolerance, asterity and humility. He transmitted 15 prophetic traditions. He died in the

year 18 A.H. at the age of 58. The meaning of his words, may Allah be pleased with him “…to Bahrayn”; is a well

known land in Iraq and lies between the city of Basra and Hajar. The meaning of his words, may Allah be pleased with

him “…in order to take the jizya from it”; is the jizya from its people. At that time the majority of its people were upon

the religion of the Magians. Thus, the prophetic tradition strengthens the one before it, and thus an-Nisaai’ interpolated

this with his words: “He went to take the jizya from the Magians.” Ibn Sa`d mentioned that the Prophet, may Allah bless

him and grant him peace after the spoils of war were divided during the military encounter of Ja`raana, he then

dispatched al-Àlaa ibn Abdallah al-Hadrami to al-Mundhi ibn Saawi the governor of Bahrayn in order to invite him to

Islam, who accepted Islam, and al-Àlaa then made a social contract of truce with the Magians of that land to hand over

the jizya. The Shehu, may Allah taàla be merciful to him said in his Bayaan Wujuub’l-Hijra Àla ‘l-Ìbaad in chapter

forty-five regarding the legal judgment of the people of protection, and the taking of the jizya and other than that: “Ibn

On What Has Been Related Regarding the Benefits of the Ribaat (Military Garrison) for the

Sake of Allah536

Juzay said in his al-Qawaaneen regarding the explanation of the issues which are obligatory upon them: ‘They are

twelve precepts. The first is that they must hand over the jizya while in a state of humiliation. It consists of four golden

coins every year, upon the head of each of the people who possess gold, and forty silver coins for the people who

possess silver. This amount should not be amplified arbitrarily due to the fiscal strength of anyone of them, nor should

its amount be decreased ude to the financial weakness of anyone of them.’ As-Shafi` said: ‘The jizya is paid in gold

coins upon every head of each protected person. However, if a truce is made with them for more than that amount then

it is lawful.’ Both Abu Hanifa and Ibn Hanbal said: ‘Twelve silver coins should be paid for by the poor, twenty-four

silver coins should be paid for the middle class, and forty-eight silver coins should be paid by the wealthy. If the dhimmi

accepts Islam, then the jizya is annulled, even if only one day remains from him having to pay the jizya.’ The second is

that they are required to host the Muslims for at least three days, if they ordered to do so. The third is that they must pay

the tithe on property they import from other lands, and this is after haven paid the jizya. The jizya itself is divided into

three categories: the jizya of the tithe (ùshriyya) which is what we just mentioned; the jizya of coercion (ànwiyya)

which is what we mentioned before that; and finally the jizya of truce (sulhiyya) for which there is not set limit in its

amount nor for the one who utilizes it, except in accordance with what was set by the terms of truce. The fourth is that

they not be allowed to construct new churches, nor leave those edifices constructed in those lands which Muslim

conquer and construct places of worship. However, if the land was opened by means of a social contract of truce and

they make as a stipulation of the truce the right of these edifices to remain, then there are two opinions regarding

lawfulness for them constructing or reconstructing them. The fifth is that they must not be allowed to ride fine stallions,

fine mules, in contrast to donkeys. The sixth is that must be prevented from riding in the middle of the road and must be

compelled to outer parts of the road. The seventh is that they must adhere to symbols by which they can be

distinguished from the general population of the Muslims, such as waist belts, and should be disciplined when they fail

to do so. The eighth is that they should not expose the secret affairs of the Muslims and not act as spies against them.

The ninth is that they must not prevent Muslims from stopping over in their churches for a day and a night. The tenth is

that they should remain respectful to the Muslims, and not strike a Muslim or abuse him, or make a Muslim their

personal servant. The eleventh is that they should conceal their religious celebrations and not manifest anything from

the rites of their religion. The twelfth is that they cannot blaspheme any of the Prophets, upon them be blessings and

peace, or manifest their beliefs regarding them.’ He then said regarding the affairs which are obligatory upon us

regarding them: “We adhere to the right of them to remain in our lands with the exception of the Arab peninsular, the

Hijaaz and Yemen. We are obligated to prevent others from harming them, and protect them providing security for their

livesm and wealth. Nor harm should be allowed against their churches, or synagogues, nor their wines, or pigs, as long

as they do not openly flaunt them before the public. If they, however, manifest their wines and intoxicants, then they

should be poured out. If they do not manifest them and one of the Muslims pours them out, then he is responsible for

payng compensation to them for that. It is said that he does not have to compensate them. They should be disciplined for

openly displaying their pigs in the public, and when they appear; but this should not be done harshly. They should not

be oppressed, nor robbed. And if they leave the lands of Islam due to some oppression against them or because of some

harsh treatment, they cannot be seized and made into captives. As’hab said: ‘They cannot be seized and made captives

for any reason’.” 536 That is to say, that in this section the Shehu discusses the explanation of the merits of the military garrison (ribaat).

The etymological root of the expression ‘ribaat’ (military garrison) where the letter raa is inflected with kasra is from

‘to bind (rabata) a thing’, which means ‘to tighten it’ (shaddahu) and ‘to fasten it’ (awthaqahu). Originally it referred to

each of an opposing army fastening their horses in readiness. Then it transformed into meaning adhering to the fortified

borderline cities as a form of protection. Thus, the military garrison (ribaat) and the one who adheres to it (muraabit)

means to hold fast to the place of the fortified borderline cities which lay between the Muslims and the disbelievers in

order to protect the Muslims from them, however, with the proviso that he is not native to the land. This is what Ibn

Habib said on the authority of Malik. He should intend to reside their in order to guard against the enemies. It is from

this judgment many of the early community chose to live in the fortified borderline cities. Allah taàla says: “O you who

believe be patient and outdo them in patience and fortify yourselves, and have fearful awareness of Allah, so that you

may be successful.” It has been related on the authority of Muhammad ibn Ka`b al-Quradhi that this verse means: “Be

patient in obedience; outdo them in patience by awaiting patiently for what has been Divinely Promised; fortify

yourselves against the enemies; and have fearful awareness of Allah in all that transpires between you.” It has been

related on the authority of Zayd ibn Aslam who said that it means: “Be patient during the jihaad, outdo the enemies in

patience, and fortify yourselves by fastening your stallions.” Ibn Qutayba said: “The origin of the expression ‘ribaat’

It has been related in the Saheeh of al-Bukhari on the authority of Sahl ibn Sàd as-Saaìdi

that the Messenger of Allah, may Allah bless him and grant him peace, said: “A single day in the

ribaat in the way of Allah is better than this world and all that is in it.”537

(military garrison) is that both opposing armies fasten their respective stallions in preparation for fighting. Allah taàla

says: ‘And prepare for them what you are able from strength and the fastening of stallions’.” This was related by Ibn

Abi Hatim, Ibn Jareer and others. Thus, the interpolation of fastening the stallions refers back to this initial meaning. It

has been related in the al-Muwatta on the authority of Abu Hurayra that the Prophet, may Allah bless him and grant him

peace said: “Sitting awaiting the prayer, for that is your military garrison.” This was also related in the as-Sunnan on the

authority of Abu Saìd. In the al-Mustadrak on the authority of Abu Salma ibn Abd’r-Rahman ibn Àwf who said that it

was about this that the verse was originally revealed. It is in this regard that Ibn Shihaab said: “The turban is the crown

of the Arab; being generous in giving is the protective wall of the Arab; and taking repose in the masjid is the military

garrison (ribaat) of the believer.” This is an indication of a higher more transcendent meaning of the concept of ‘ribaat’,

which is that waiting for the prayer is the means by which the hearts are spiritually binded and protected. It is for this

reason many of the erudite Knowers of Allah, such as my master Muhy’d-Deen Abd’l-Qaadir al-Jaylaani, Shaykh Abu

‘l-Qaasim Yusef al-Himadhani, Shaykh al-Àabid Abu Àruuba as-Sijistaani, Shaykh Abu’n-Najeeb, the Gnostic Shaykh

Wujaaj ibn Zaluw and others called their teaching institutions, and sufi hospices ‘ribaat’, in which they exhorted and

guided their spiritual disciples. This is because they likened the soul to a stallion, and their institutions and spiritual

hospices to military garrisons, in which the soul which commands to evil is constrained, strengthened with learning, and

made resolute by means of spiritual exhortation and remembrance of Allah taàla. Due to this their ribaat became like

pegs in the earth protecting its people from spiritual corruption. This is indicated by the words of Allah taàla: “…and

from fastening of stallions in order to strike fear in the hearts of the enemies of Allah and your enemies.” For, the

enemies of Allah and the enemies of the Muslims in the outward are the disbelievers, and the hypocrites who assist

them from among the Muslims; while the enemies of Allah and the Muslims in the inward are Satan and his helper from

the domestic enemy within, which is the soul which commands to evil. For, making war against Satan, and striving

against the soul is the Great Jihaad indicated in the prophetic tradition. The assemblies of the scholars, the Knowers of

Allah, their learning institutions, and spiritual hospices stand as military garrisons and fortified borderline cities which

bind the hearts against Satan and the soul which command to evil. It is for this reason that the Arabs call stallions which

have been fastened and tied rubut which is the plural for rabeet, and the ascetic jurists who binds his soul from evil,

strengthens it from Satan and prevents it from the delights of this world’s life is also called rabeet; as it was related in a

prophetic tradition: “Indeed the wise ascetics (rabeet) of the Banu Isra’il said: ‘The beauty of wisdom is in silence’.”

That is to say, the ascetic ones (zaahid) and wise (hakeem) among the Banu Isra’il, who fortified the soul against this

world’s life, which means they strengthened it and preempted it from its deceptions. Thus, the muraabit in reality is the

most noble of the mujaahiduun because he makes the jihaad against the soul, and wages war against Satan, with all the

varieties of instruments of spiritual warfare, such as gaining comprehension of the religion, recitation of the Qur’an,

remembrance of Allah, repentance, austerity, solitude, silence and other than that. It is for this reason it has been the

custom of the people of the Bilad’s-Sudan to name their Gnostic right-acting and ascetic scholars ‘muraabit’. This is an

immense secret in the wisdom of the Shehu, may Allah taàla be merciful to him of concluding this blessed text with the

prophetic traditions regarding the merits of the military garrison, and Allah knows best. 537 The meaning of his words, upon him be blessings and peace: “A single day in the ribaat”; is in accordance with

another narration: “…a single day and night…”; is that fastening and making ready horses in the fortified borderline

cities, and residing there. It states in the an-Nihaaya: “Originally the military garrison was a place of residence for the

jihaad against the enemies with warfare; as well making ready and fastening stallions there for that purpose. The

process of fortification is the two opposing armies fastening their stallions in fortified cities in preparation for the

eventual encounter between them. Thus, residing in the fortified borderline cities was called ‘rabaat’; for the phrase is a

verbal noun from the verb ‘raabatat’ (attaching), which means to adhere to a thing.” The meaning of his words, upon

him be blessings and peace: “…in the way of Allah is better than this world and all that is in it”; is as an-Nawwawi said:

“This is an indication of the apparent and immense merits of the one who keeps to the ribaat, in that his good deeds

flow continuously after his death which reveal the special special virtues inherit in this, which no other person can

attain.” The Erudite authority of the Land of the Blacks Abdullahi ibn Fuduye, may Allah be merciful to him` said

regarding the meaning this verse in his Diya ‘t-Ta’weel Fee Maàna at-Tanzeel: “…and outdo them in patience”; that is,

conquer the disbelievers with your patience in jihaad, and do not allow them to be stronger than you in patience, and

outdo your own souls with patience in going against its passions. He singled this out for mention because this is more

difficult and smore superior; “…and fortify yourselves”; that is to say, your bodies and stallions inside of the fortified

borderline cities manning the gates in preparation for the military engagement; or it means fortify your souls by means

Here ends the book Sawq’l-Umma ila Ittiba` as-Sunna. All praises are due538 to Allah,

who guided us to this and we would not have been guided had not Allah guided us. The best

blessings and most perfect peace be upon our master Muhammad and upon his family and

Companions all together. O Allah! Be merciful to the Umma of Muhammad with an all-

encompassing mercy by his rank with you-Amen!539

of obedience, as he upon him be peace said: ‘Apart of the ribaat (spiritual fortification) is awaiting for prayer after

prayer.’ And as al-Bukhari narrated that he upon him be peace said: ‘A single day in the ribaat is better than this world

and what is in it.’ Muslim related that he said: ‘A single day and night in the ribaat is better than fasting an entire month

and standing all of its nights in prayer; and when he dies his provision and good deeds persist.’ It has been related by

Abu Dawud that he upon him be peace said: ‘Every person who dies, his good deeds are sealed, except the muraabit.’

At-Tirmidhi related that he upon him be peace said: ‘A single day in the ribaat is better than a thousand days outside of

it.’ It states in the Ghaayat’l-Amaani: ‘In citing the above three commands in the verse is an indication of the three

spiritual degrees expressed in the phrases of: sharià; tareeqa; and haqeeqa. It is as if He is saying: ‘Be patient in the

difficulties and hardships of obedience and the struggle against the soul, by diminishing attachments; and fortifying the

inner secret by being near the Holy Presence in order to be in a state of alertful surveillance of spiritual openings that

descend.’ “…and have fearful awareness of Allah”; in all your states by preserving them with it; “…so that you may be

successful”; that is so that you may achieve ‘…what no eye has seen, no ear has heard, and what has never occurred to

the heart of a human.’ It states in the Mudaarik ‘t-Tanzeel: ‘Be patient with My adversities against you; outdo others in

patience for My blessings; and fortify your souls in My service; so that you may succeed and achieve the victory of My

nearness.’ May Allah provide us with His nearness, and make us His neighbors in the Abode of His Divine Pleasure, by

means of the rank of our master Muhammad, may Allah bless him and grant him peace.” Here ends what Shaykh

Abdullahi ibn Fuduye`, may Allah taàla be merciful to him had to say about this; in which are precious spiritual

allusions and invaluable secrets for the one whom Allah has illuminated his spiritual insight. This is because the

immense affair of the Living Sunna is the fountainhead of the Self-Disclosure of direct Gnosis of Allah taàla. With the

ending of his words, I also end the commentary upon the Book of Jihaad, and Success is with Allah. O Allah I ask You

for every good which Your knowledge encompenses in this world and the Next, and I seek refuge with You from every

evil which Your knowledge encompenses in the this world and the Next. O Allah give us success in following the


that he has with You. 538 Here ends facsimile 52 of the Arabic manuscript. 539 The meaning of the words of the Shehu, may Allah taàla be merciful to him: “Here ends the book Sawq’l-Umma

ila Ittiba` as-Sunna”; is that some of the scholars of Sokoto and others hold the view that the Shehu, may Allah be

merciful to him composed this book in 1208 A.H. (circa 1794 C.E.) after he had achieved the station of independent

judgment (ijtihaadiyya), reformation (mujaddidiyya) and spiritual pivot (qutbaaniyya). The meaning of his words, may

Allah be merciful to him: “All praises are due to Allah, who guided us to this and we would not have been guided had

not Allah guided us”; is in imitation of the words of Allah taàla: “All praises are due to Allah, who guided us to this

and we would not have been guided had not Allah guided us. For indeed the Messengers of our Lord came with the

Truth.” The meaning of: “All praises are due to Allah, who guided us to this”; is to this action which He has awarded us

with. This is a reference to the authorship of this blessed book, and what is in it of the sciences of the religion; its

foundation, outward and inward branches; and what is concealed in it from Divine Realities and Secrets. The meaning

of: “…and we would not have been guided had not Allah guided us”; is that if it were not for the guidance of Allah we

would not have accepted it. In this is clear evidence that all guidance is from Allah taàla. This is also an indication of

the causative factor of guidance which is our master Muhammad, may Allah bless him and grant him peace; as he said:

“…and the best guidance is the guidance of Muhammad, may Allah bless him and grant him peace”; where the

expression ‘conduct’ (hadyi) means ‘manner’ (samt) or ‘path’ (tareeqa). In another narration the expression ‘guidance’

(hudaa), is used which means a manner of behavior (seera), pleasing spiritual path (tareeqa radiyya) and balanced

comportment (ha’yah sawiyya); which was explicitly stated in another narration: “The best guidance is the guidance of

Muhammad.” In another narration: “The most superior guidance is the guidance of Muhammad.” All of this is evidence

that the Sunna of the Messenger of Allah, may Allah bless him and grant him peace is the Real Path to Allah taàla and

to His gnosis. This is in conformity with what Abu’l-Qasim al-Junayd, may Allah be pleased with him once said: “The

paths, all of them, have been closed except in following the traces of the Messenger may Allah bless him and grant him

peace.” For this reason the Shehu, may Allah taàla be merciful to him said in his Fulfulde’ poem: “Sunna giduyamu

kanku kuuru yaymi * Kanku bitayma kanku beeridi yaymi”; which means: “It is the Sunna that I truly love. It is the orbit

of my preoccupation. It is the theme of all my preaching and it has become my spiritual litany”; which is alluded to by

the words of Allah that follows: “For indeed the Messengers of our Lord came with the Truth”; which is affirmation

that the Messenger of Allah, may Allah bless him and grant him peace has the best demeanor and that his Sunna is the

best form of guidance, and indicates that whoever holds to his Sunna is guided to the knowledge of absolute certainty

until his knowledge becomes the very source of certainty. It is for this reason the Shehu, may Allah taàla be merciful

said out of gratitude for this blessing: “The best blessings and most perfect peace be upon our master Muhammad and

upon his family and Companions all together”; following the words of the Messenger of Allah, may Allah bless him and

grant him peace, as it was related by at-Tabarani in his al-Awsat on the authority of Abu Hurayra: “Whoever sends

blessings upon me in a book, there will remain Angels seeking forgiveness for him as long as my name is in that book.”

The station of gratitude is the last of the spiritual stations of the People of Allah taàla. Our master Ibn Àtaa’illah said

in his Lataa’if al-Manan: “Gratitude is divided into three division: the gratitude of the tongue; the gratitude of the limbs;

and the gratitude of heart.” I say: that the most superior form of gratitude with the tongue is sending blessings upon our

master Muhammad, with the best blessings and most perfect of peace. This is because, he upon him be peace said:

“Whoever is not grateful to people is not grateful to Allah.” He also said: “The most grateful of people to Allah are

those who the most grateful to people.” For, there is no human or jinn, that is more deserving of our gratitude than our

master Muhammad, may Allah bless him and grant him peace. Allah taàla says: “There has come to you and

Messenger from yourselves, dear to him is what afflicts you, deeply concerned for you, and who is to the believers kind

and merciful.” The most superior form of showing gratitude with the limbs is acting in accordance with the Sunna of

our master Muhammad, may Allah bless him and grant him peace. Allah taàla says: “Whoever obeys the Messenger

has obeyed Allah.” Allah taàla says: “If indeed you love Allah, then follow me, Allah will then lover you and forgive

you of your sins.” Allah taàla says: “For, no! By your Lord, they will never truly believe until they take you as the

criterion of what occurs between them, who do not find in their souls any problem with what you decide; and surrender

completely.” Allah taàla says: “There is in the Messenger of Allah for you an excellent example.” The most superior

form of showing gratitude with the heart is by believing in him upon him be peace and behaving in accordance with his

noble character. Allah taàla says: “We have not sent you except as a mercy to all the worlds.” Allah taàla says: “If you

were to attempt to enumerate the blessings of Allah, you could not calculate them.” Shaykh Abdullahi ibn Fuduye` said:

“The blessings of Allah referred to here are those which have come about as a result of Muhammad, may Allah bless

him and grant him peace.” Shaykh Ali ibn Sultan Muhammad al-Qaari said in his commentary upon the as-Shifa:

“Indeed the Messenger of Allah, may Allah bless him and grant him peace is a mercy to the entire creation of Allah

taàla…If it were not for the light of his existence, the appearance of his nobility, and generosity, then Allah would not

have created the universal orbits nor brought the Angels into existence. For, he is the place of the manifestation of

Divine mercy which encompasses everything of the realities of existence which first require the blessing of being

brought into existence, and then the gift of assistance.” If you devote yourself to this understanding this meaning by

behaving in accordance with his noble character, upon him be peace, with this objective in your heart; by sending

blessings upon him with this intention with your tongue; and by adhering to his Sunna with this purpose with your

limbs; then there is no doubt this will be the most superior form of showing gratitude to Allah the Benefactor. This is

the station of gratitude that the Shehu, may Allah taàla be merciful to him reached. Then the Shehu concluded this book

with the best and most beloved of supplications with Allah taàla by his words, may Allah taàla be merciful to him: “O

Allah! Be merciful to the Umma of Muhammad with an all-encompassing mercy by his rank with you-Amen!” It has

been related by al-Haakim in his Tarikh on the authority of Abu Hurayra who said that the Messenger of Allah, may

Allah bless him and grant him peace said: “The most superior supplication is your saying: ‘O Allah be merciful to the

Umma of Muhammad with an all encompassing mercy’.” In the narration of al-Khateeb on the authority of Abu

Hurayra also who said that the Messenger of Allah, may Allah bless him and grant him peace said: “There is no

supplication which is more beloved to Allah than the servant saying: ‘O Allah be merciful to the Umma of Muhammad

with an all encompassing mercy’.” After the completion of this supplication, there are transcribed the following words:

“The transcription of the book Sawq’l-Umma was completed on a Friday, at the time of forenoon in the land of

Ghadaari in a town called Kunaari in the house of Bakheet Shalabi underneath the garden square. At the time Abu Bakr

Sokoto, Ahmadu Yureeji, Ahmadaaki and Abu Bakr Tuwuughu were present. O Allah, forgive its scribe: Muhammad

ibn Adam, his parents, those present, and all those not present from the Muslims – Amen; in the year shasakizu (1327 -1906) from his hijra, may Allah bless him and grant him peace. Allah is enough for us and He is the best of Guardians.”

I, myself, initially completed the typing of the book: Sawq’l-Umma Ila Ittiba`’s-Sunna with the best help of Allah and

His success on Tuesday, the 27th

(zakin) of the month of Ramadan in the year shabakat (1422 A.H. – December 13,

2001). I completed its first commentary on Friday before the juma` prayer on the 21st (akin) of Jumad’l-Akhir in the

year shajatuka (1423 – August 20, 2003) from his hijra may Allah bless him and grant him peace. I then competed a

second commentary upon it along with an editing, annotation, and review on Thursday, the 27

th (zakin) from the month

of Jumad’l-Awwal in the year talaashin or ashalat (1431 – May 11, 2010) from his hijra, may Allah bless him and

grant him peace. It was in the year that Allah taàla answered our supplications against the governments of the European

Romans from among the Jews and Christains, by ruining (talaashiy) their national economies which marked the

beginning of the decline (ushilat) of their sovereignty over the world; all praises are due to Allah for that. I named the

commentary: Tawq’l-Lumà wa Itmaam’n-Ni`ma Fee Sharh Àla Sawq’l-Umma Ila Ittiba` as-Sunna: (The Desire

for Illumination and Completion of Blessings through a Commentary upon the Mobilization of the Umma towards

Following the Sunna). I took license in this blessed book from the learned jurists, Imam and Khateeb, Shaykh

Muhammad al-Amin ibn Adam Kariangha al-Khateeb ibn Muhammad Tukur ibn Muhammad Sanbu ibn Muhammad

Leeli ibn Abu Bakr ibn Muhammad Sanbu Darneema the Amir of Hadijiya. He gave me absolute license in it has he

took it from his father Shaykh Adam Kariangha al-Khateeb; and he from Shaykh Musa al-Muhajir, and he from the

Imam Shaykh Ali ibn Abu Bakr, and he from the author, the Light of the Age, the Mujaddid of the religion, the Amir’l-

Mu’mineen Shehu Uthman ibn Muhammad ibn Uthman, known as Ibn Fuduye`, may Allah taàla be merciful to all of

them. I have in turn given license to everyone who reads this blessed text to me with the same chain of authority back to

its author, or who listens to it from me; or anyone who comes upon this text; since transmitting license in this manner is

permissible with some of the scholars as Sultan Muhammad Bello ibn Shehu Uthman ibn Fuduye` said in his

Turjumaat; in order to continue this miraculous connection which has been specified for this Umma as an honor to our

Prophet Muhammad, may Allah bless him and grant him peace. O Allah send blessings upon our master Muhammad,

Your servant, prophet and messenger; the Unlettered Prophet, the source of existence, the causative factor for every

existing thing, the essence of the essences of Your creation, extracted from the light of Your Effulgence; with a blessing

which unties the knots of our difficulties, relieves our anxieties, and fulfills our needs; with a blessing which pleases

You and pleases him, and results in You and he being pleased with us – O Lord of the worlds, with a blessing that is

equal to the number of all things Your knowledge encompasses; equal to what Your Book embraces; what Your Angels

witness; what Your Primordial Pen transcribes; to the number of the rain drops, the trees, stones and the Angels; to the

number of what our Lord has created from the beginning of time to the end of time; and upon his family, Companions,

wives, descendents, the people of his House, who are the sea of Your illuminations; the mines of Your secrets; the

translators of Your proofs; the bridegrooms of Your kingdom; the treasures of Your mercy, who take enjoyment from

Your direct witnessing, and give them abundant peace to the extent of Your knowledge which is multiplied with Your

eternity. O Allah forgive me, my parents, my children: Alfa Umar, Abd’r-Rahman, Modibo Muhammad, Ahmad Mazin,

Shehu Uthman, Nana Tasneem, Fatuuma Mo’ina and Musa Jokolli, as well as their mothers, our teachers and their

teachers, those who are present and those absent from among the Muslims, by the rank of Muhammad, the Prophet of

Mercy, may Allah bless him and grant him peace. O Allah we direct our faces towards You by means of Your Prophet,

Muhammad, the Prophet of Mercy. O Messenger of Allah! verily we direct ourselves by means of you to our Lord

regarding these needs of ours. O Allah make him our intercession! O Allah indeed we take as intermediacy to You,

Your love for Your beloved Muhammad, may Allah bless him and grant him peace, by means of his love for You, by

means of his nearness to You, and by means of the causative factor which is between You and him, that you revive in us

the determination to adhere to his Sunna and his love; that You conceal us by the coat tail of his sanctity; that You make

us die upon his religion; that You gather us on the Day of Judgment among his faction; that You let us drink from his

fountain; and that You enter us into Paradise by means of his intercession. O Allah indeed we ask You for the same

good which Your Prophet Muhammad asked for, may Allah bless him and grant him peace; and we seek refuge from

the same evils which Your Prophet Muhammad, may Allah bless him and grant him peace sort refuge from. You alone

are the Helper. It is for You alone to deliver. There is no power or might except with Allah, the Exalted the Mighty. O

Allah be pleased with the spirit of the Light of the Age, the Sword of Truth, the Reviver of the Muhammadan Sunna, the

Destroyer of Satanic heretical innovation, the Reviver of the religion of Islam, the Saintly Spiritual Pole, the Enduring

Redeemer, the Amir’l-Mu’mineen Uthman ibn Muhammad ibn Uthman, known as Ibn Fuduye`, may Allah engulf him

in His mercy Amen. And be merciful to Your shade on Your earth: Sultan al-Hajj Abu Bakr ibn Muhammad at-Tahir

ibn Muhammad Bello Maiurno ibn Muhammad Attahiru ibn Ahmad Zaruuku ibn Abu Bakr Atiku ibn Sayf’l-Haqq

Imam’l-Awliyya Nuur’z-Zamaan Mujaddid’d-Deen Uthman ibn Fuduye`, his children, wives, brothers, sisters, faction,

and jamaàt on the Nile of the Sudan, in Nigeria along with their Sultan, in Niger along with their Sultan. O Allah

forgive and be merciful to our jamaàt in the United States of America, in the United Kingdom, in South Africa, and all

those jamaàt who have confederated with us; their amirs, wazirs, men, women, their elderly and young. O Allah be

merciful to the Umma of Muhammad, with an all encompassing mercy. O Allah be merciful to the whole of Your

creation, and suffice them where they are unable. O Allah make us among those who adhere to the religion of Your

Prophet Muhammad, may Allah bless him and grant him peace; among those who extol his sanctity, among those who

exalt his teachings, among those who preserve his covenant and trust; among those who assist his party and invitation;

among those who increase his followers and faction; among those who accord with his group; and among those who do

not conflict with his Way and Sunna. O Allah we ask You to make us adhere to his Sunna, and we seek refuge from

whatever alters what he came with. O Allah open for us Your Book, and the Sunna of Your Prophet, exoterically and

esoterically; and provide us with the ability to act in accordance with them by means of Your Inestimable Essence. O

Allah show us the Truth as Truth, and provide us with the ability to follow It; and show us falsehood as falsehood and

provide us with the ability to avoid it; revive us among those who revive the Sunna of Your Prophet, make us die

among them; and resurrect us among their faction by the rank of Muhammad the Prophet of Mercy, may Allah bless

him and grant him peace. O Allah exalt the Banner of the True Belief, the Sunna and obedience above the Throne, and

eradicate disbelief, heretical innovation and disobedience; eradicate every enemy who does not desire the exaltation of

Islam; suffice us against the evils of every disbeliever, in the east, west, south and north, and all locations between them

by the sanctity of everything we have taking as intermediacy with to You, and by the rank of Muhammad, the Prophet

of Mercy, may Allah bless him and grant him peace. O Allah destroy them, shake them, and plunder them by means of

Your victory; fill their hearts with horror, break their structures, blind their vision, make their surveillance deaf; seize

them by their hands and feet and make them overcome from the sweat of their own bodies. O Allah enumerate them

precisely, divide their unity, and let none of them remain. Let us inherit their lands, homes and dependents; revive us

and the friends of the Sunna in these lands, by the rank of Muhammad, the Prophet of Mercy, may Allah bless him and

grant him peace. O Allah send blessings upon our master and chief Muhammad, and the family of our master

Muhammad; with a blessing which redeems us from every kind of intimidation and destruction; by which You will

fulfill for us every need; by which You will purify us from every evil; by which You will raise us up to the highest

spiritual ranks with You; and by which You will make us realize the utmost limit of all good in this life and after death.

And the last of our supplication is: “All praises are due to Allah the Lord of the worlds.” Here ends facsimile 53 of the

Arabic manuscript.

SANKORE'

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Institute of Islamic-African Studies International

Tawq’l-Lam`a wa Itmaam’n-Ni`ama a commentary upon the Sawq’l-Umma Ila Ittiba` as-Sunna by...

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