Wednesday, 2 April 2014

Nahy for Tahrim and a Nahy for Nadb (Principles of Fiqh)

(Part No. 5; Page No. 6)


The fifth question of Fatwa no. 8241

Q: In reference to the Prophet's (peace be upon him) Hadith When I command you to do anything, do as much of it as is within your capability; when I forbid you to do anything, stay away from it, is it true that there are levels of Nahy indicating how serious it is to do or not to do something, including Nahy Tahrim (forbidding something due to its being prohibited, Nahy Takrim (forbidding something for the sake of reaching perfection) Nahy Tanzih (forbidding something despite its close proximity to being lawful), Nahy Nadb (forbiddance denoting recommendation not to do something but no strict prohibition), and the like? Another example is the Hadith narrated in Sahih Al-Jami` to the effect that The Prophet (peace be upon him) forbade combing the hair everyday (unless urgently needed). Does the forbiddance imply prohibition or is it just discouraging it?

A: Praise be to Allah Alone and peace and blessings be upon His Messenger, his family and Companions. In principle, Nahy (forbiddance) implies prohibition unless otherwise indicated by contextual evidence. There is nothing called Nahy Nadb. If there is contextual evidence denoting that Nahy is meant for disapproval rather than absolute forbiddance, it will thus be termed Karahat-ul-Tanazih (disapproving something which is not prohibited). With regard to the Hadith mentioned above, its meaning is sound and it was narrated in a different wording by Al-Tirmidhy from `Abdullah ibn Mughaffal (may Allah be pleased with him) who said, The Messenger of Allah (peace be upon him) forbade combing the hair, cleaning it and embellishing it, except on every other day (unless urgently needed). He classified the Hadith as Hasan (a Hadith whose chain of narration contains a narrator with weak exactitude, but is free from eccentricity or blemish.) and Sahih (a Hadith that has been transmitted by people known for their uprightness and exactitude; free from eccentricity and blemish).

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

  The Permanent Committee for Scholarly Research and Ifta'

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