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

(Part No. 5; Page No. 6)

Nahy

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'

Member	Member	Deputy Chairman	Chairman
`Abdullah ibn Qa`ud	`Abdullah ibn Ghudayyan	`Abdul-Razzaq `Afify	`Abdul-`Aziz ibn `Abdullah ibn Baz

Source: Principles of Fiqh

Fard and Sunnah (Principles of Fiqh)

The third question of Fatwa no. 6315

Q: People in our country differentiate between Sunnah (supererogatory act of worship following the example of the Prophet) and Fard (obligatory). They say that Allah's punishment takes place only when someone leaves the acts that are relevant to Fard or stressed Sunnah. However, I believe that anything which Muhammad (peace be upon him) has done or clarified to his Ummah is an obligation. Accordingly, those who do not do this are considered to be hateful of what Muhammad has come with. Growing the beard for example, has been ordained by Muhammad (peace be upon him), is it authentically proven that he shaved it? Does shaving it imply a sign of hatred to what Muhammad (peace be upon him) has come with? Does

(Part No. 5; Page No. 5)

whoever does this fall under the same Ayah?

A: All Praise be to Allah Alone and peace and blessings be upon His Messenger, his family and Companions. To proceed: Obligation is what a person is rewarded for doing and punished for abandoning. Sunnah or (the desirable acts) is what a person is rewarded for doing but not punished for abandoning. It is not a must that whoever leaves an act of Sunnah is considered to hate it. As for shaving the beard or having it cut, it is prohibited, for the Prophet (peace be upon him) said: Trim closely the moustache, and let the beard grow to be unlike the disbelievers. This does not necessarily imply hating what the Messenger (peace be upon him) came with. The same ruling applies to those who are undutiful to their parents or who commit Zina (sexual intercourse outside marriage), for they are considered sinners not haters of what the Messenger (peace be upon him) has came with. Sins have many reasons other than hatred for what the Prophet (peace be upon him) was sent with. This is why sinners are not deemed as Kaffirs (disbelievers) when they commit sin, according to the opinion of Ahl-ul-Sunnah wal-Jama`ah (adherents to the Sunnah and the Muslim mainstream), unlike Al-Khawarij (separatist group that believes committing a major sin amounts to disbelief).

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' 

Member	Member	Deputy Chairman	Chairman
`Abdullah ibn Qa`ud	`Abdullah ibn Ghudayyan	`Abdul-Razzaq `Afify	`Abdul-`Aziz ibn `Abdullah ibn Baz

Source: Principles of Fiqh