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Attainment of the Objective According to Evidences of the Ordinances – bulugh al-maram min adillat al-ahkam

BULUGH AL-MARAM – Book Sample

Introduction

Bulagh al-malam is a book, which was written by Imam lbn Hajar (773 H • 852 H) with the objective of compiling many of the Ahadith particularly related to the Alhkami (judgments) of Islamic Shari’a, i.e. those related to worship, business transactions, laws of marriage and divorce, legal punishments etc. This illustrates the importance of this book for the Muslim reader, who is always in need to know the judgments of Shariah related to the essential elements of his life.

Due to the importance of this book, Imam As-san’ani wrote a very good interpretation of the Ahadtth in Bulugh al-Maram in his famous book ‘Subul as-Salam.” Needless to say that reading the Alhadith on their own as they are organized in ‘Bulughu al­Maram’, may be confusing sometimes as the reader may find that some of these Ahadith appear to be contradictory even though they may be of the same grade of authenticity. Therefore, we made use of some of the commentary of Imam As As-san’ani, plus referring to some other books, which are relevant to the interpretation of

UTENSILS – Bulugh al-maram

14. Narrated Hudhaifa bin Al-Yaman ((He is nicknamed Abii ‘Abdullah, both him and his father were Sahaba and he became famous for being the confidant of the Prophet ?. He died at Midian (Maclain) forty nights after the killing of ‘Uthman in the year 35 H. or 36 H)): Allah’s Messenger ? said, “Do not drink in silver or gold utensils, and do not eat in plates (trays) made from such metals ((This Hadith is mentioned here to show that if it is prohibited to eat and drink in gold and silver utensils, then using gold and silver utensils for ablution is also prohibited. Otherwise, this Hadith would have been placed in the chapter of eating and drinking.))

Some scholars limit prohibition on eating and drinking

However, other scholars limit the application of the prohibition in this Hadith to eating and drinking – as mentioned in the text. Eating, drinking and performing ablution in utensils studded with rubies and diamonds is permissible, according to the rule of things being permissible unless prohibited by a text.)). Indeed, such things are for them (the disbelievers) in this world and for you (the believers) in the Hereafter.” [Agreed upon) ((Al-Bukhari and Muslim.)).

Narrated Umm Salama ((She is Hind bint Abu ‘Umaiya. She was married to Abii Salama, and migrated with him to Abyssinia (Ethiopia) and then to AI-Madinah. When Abu Salama died from an injury he had sustained during the battle of Uhud, the Prophet ? married her in Shawwal 4 H. It is said that she died in 59 H. or 62 H. at the age of 84 years and was buried at AI-Baqi’.)): Allah’s Messenger said, “He who drinks in a silver utensil is only swallowing the fire of Hell in his stomach.” (Agreed upon).

KHUSHU’ (HUMILITY)IN SALA.T (PRAYER)

Narrated Abo Huraira: Allah’s

Messenger forbade keeping one’s hand on waist while praying ((Placing the hands on flanks (hips) is an arrogant action whereas humility and meekness is required in prayer. The other point explained in)) [Agreed upon]. The wording is that of Muslim, and its meaning is to put (one’s) hands on his waist. And in the narration of Al-Bukhari narrated by ‘Aisha it is: “This is a practice of the Jews.”

Narrated Anas: Allah’s Messenger ? said, “If supper is brought (and the prayer is ready) start with it (the food) before ((If food is served then eating of food is preferable even if there is no hunger for it. The philosophy behind it is that one should stand before Allah with complete concentration being above all worldly needs. On the other hand, it is not permitted to go for eating at the time of prayer, if the food has not been served.)) you pray the Magbrib [Agreed upon].

Bankruptcy and Hajr ((suspension of dealings for the insane and children.)) – Bulugh al-maram

Abu Bakr bin ‘Abdur Rahman narrated on the authority of Abu Hurairah (RAA), ‘We heard the Messenger of Allah say, “If a creditor finds the very piece of goods (which he sold) with a man who went bankrupt, he is more entitled to take them back than anybody else,” Agreed upon.

Abu Dawud and Malik transmitted on the authority Abu Bakr bin ‘Abdur Rahman in a Hadith Mursal, “If anyone sells goods on credit to a man who went bankrupt, and has not paid him any of the price of the goods, then if the very piece of goods (which he sold) are with that man, he is more entitled to take them back (than anybody else). And if the buyer dies, the owner of the goods is then equivalent to the other creditors (i.e. he is no more entitled than them in taking his goods back).”

Ash-Shufah (Preempting the sale of a co-owner’s Share to another)

Jabir bin ‘Abdullah (RAA) narrated, ‘The Messenger of Allah ? decreed the right of preemption (to the partner) in every joint property (i.e. which is not clearly divided between partners), but if the boundaries of the property were demarcated or the ways and roads were fixed, then there is no preemption.’ Agreed upon and the wording is from Al-Bukhari’.

In Muslim’s version, ‘Preemption is applicable in every joint property, whether land, a dwelling or a garden. It is not valid -in another version ‘it is not lawful- for the partner to sell his share before informing his partner.’

Anas bin Malik narrated that the Messenger of Allah ? said, “The neighbor of the house is the one who has the most right to buy it.” Related by An-Nasa’i. Ibn Hibban graded it as sahih but it has a defected chain of narrators.

Waqf (Endowment) – Bulugh al-maram

Ibn ‘Umar (RAA) narrated, ”Umar got some land in Khaibar and he went to the Prophet? to consult with him about it. He said, ‘O Messenger of Allah! [ got some land in Khaibar more valuable and precious to me than any other property I ever had.’

The Messenger of Allah ? said to him, “If you wish you can give the land as endowment (waqf) and give its fruit in charity.” So, ‘Umar gave it in charity as an endowment (waqf) on the condition that the land would not be sold, inherited or given away as a gift. Its yield would be given in charity to the poor, rela­tives, for the emancipation of slaves, for the Cause of Allah (i.e., Jihad), to travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need but with moderation, and to give a friend food to eat provided he is not storing it (the fruit) for the future (i.e. he should not own any of its benefits).’ Agreed upon and the wording is from Muslim.

A version by al-Bukhari has: ‘He gave it as Sadaqah that must not be sold (as it is not permitted to sell the waqf or gifted but its yield must be spent (as sadaqah}

Gifts, ‘Umra (Life-Tenancy) and Ruqba – Bulugh al-maram

Umrah ((·umra means that a man gives another man a house and says to him, ‘! give it to you to live in as long as you live,’ and is considered a gift. Ruqbd literally means watching for. it means that a man gives: a house to another man and says to him. if I die first, then it is yours, and if you die first it is mine.’ So it is called Ruqba because each of them is watching for the death of the other. Therefore, it is disliked as each of the two men hope for the death of the other, but Islam slopped this practice as it considers Ruqba a permanent gift that will be inherited by the heirs of the one it is given to.))

An-Nu’man bin Al-Bashir narrated that his father took him to the Prophet ?t and said, ‘I have given this son of mine a slave who belonged to me.’ The Messenger of Allah ? asked him, “Have you given all your sons the same (gift)?” He replied, ‘No.’ The Prophet? said, “Then take back your gift.”

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