Hadith #35- The Brotherhood of Islaam, Evil acts that spoil brotherhood

http://www.islaam.net/main/display.php?id=224&category=24

Explanation of Hadeeth Number 35

Regarding his (sallAllaahu alayhi wa sallam) statement "Do not envy one another": envy (al-hasad) is the desire that a blessing is removed from someone else, and this is forbidden. And in another hadeeth "Do not have envy (hasad), for verily envy eats away good deeds the way fire consumes firewood or grass". As for al-ghibtah then it is the desire to obtain what another fortunate person possesses without wishing that he loses that blessing. And sometimes the word al-hasad is used in the place of al-ghibtah due to the proximity of meaning of the two, as in the statement of the Prophet (sallAllaahu alayhi wa sallam): "There is to be no hasad except in two cases ... ", meaning here "There is to be no ghibtah except in two cases".

And his (sallAllaahu alayhi wa sallam) statement "do not inflate prices for one another" then the word used here in Arabic is 'najasha', and the origin of this word carries the meaning of cheating, deception and swindling. And the Arabs sometimes call a hunter a 'naajish' because he deceives and outsmarts the animal he hunts. And his (sallAllaahu alayhi wa sallam) statement "do not hate one another" means do not adopt the means that lead to hatred. This is because love and hate are matters of the heart, such that mankind does not possess full ability to control them, nor are they able to bring about change in them. And this is as the Prophet (sallAllaahu alayhi wa sallam) said [regarding the division of time he had made between his wives]: "Oh Allaah this division is what I have been able to do, so do not take me to account for that which you control, and over which I have no control", meaning by this his heart.

And "turning away" means enmity, and it has also been said that it means cutting off relations or boycotting. And his (sallAllaahu alayhi wa sallam) statement "and do not undercut one another in trade" is referring to the situation where a buyer has almost completed a contract with a seller, and during the final time of choice a second seller approaches him and says: "If you revoke this sale then I will sell to you the same thing or better than it for the same price". Or, if a buyer and seller have agreed upon a price and are pleased with it, and only the completion of the contract remains, and then a second seller offers to give more for the same price, or to give the same goods at a lower price, then this is forbidden as it occurs after agreement on the price has taken place and the buyer and seller have been pleased with it. However, if the second seller makes his offer before they are pleased with the price then this is not forbidden.

And the meaning of "but be you, O servants of Allaah, brothers" means deal with one another and live together amiably with brotherhood, and treat one another with love, kindness, compassion and courteousness, and help one another upon goodness, while always having a clear heart and offering sincere advice in all situations.

And regarding his (sallAllaahu alayhi wa sallam) statement "A Muslim is the brother of a Muslim: he does not oppress him, nor does he fail him, nor does he lie to him nor does he hold him in contempt": to fail someone means to leave helping or aiding him, so if a Muslim were to seek ones help in defending himself from an oppressor or similar to that, then it is necessary to help him if one is able to, and one has no shar'ee excuse for not doing so.

And his (sallAllaahu alayhi wa sallam) statement "nor does he hold him in contempt" means that he does not behave haughtily towards another Muslim, so as to belittle him.

And his (sallAllaahu alayhi wa sallam) statement "Taqwaa (piety) is right here [and he pointed to his chest three times]" and in another narration "Verily Allaah does not look at your bodies nor at your appearances, but rather he looks at your hearts". This means that the apparent actions of the limbs do not, by themselves, attain for one taqwaa. But rather taqwaa is attained through what is in the heart of appreciating the greatness of Allaah the exalted, and having fear of Him and having recognition of Him, and knowing that the sight of Allaah encompasses all things. And so the meaning of the hadeeth, and Allaah knows best, is the taking of the self to account, and the point of observation of all of this is by the heart.

And his (sallAllaahu alayhi wa sallam) statement "It is enough evil for a man to hold his Muslim brother in contempt" contains a severe warning from doing so, since Allaah ta'aalaa did not look upon him in contempt when He created him, and nourished him, and then perfected his outward appearance, and then subdued whatever is in the heavens and whatever is in the Earth for his sake. And even though He did this for others along with him, no doubt he has a share in it. Then after that, Allaah - subhaanahu - named him a Muslim and a believer and a slave, and his command extended to the extent that he made the Messenger that He sent to him Muhammad (sallAllaahu alayhi wa sallam). So whoever treats with contempt a Muslim from amongst the Muslims, then he has treated with contempt one whom Allaah 'azza wa jall has granted greatness and nobility, and no doubt that is sufficient for him. And so from treating a Muslim with contempt is not to send the greeting of salaam upon him if he passes by him, and not to reply to his greeting of salaam if he begins with it. And it also includes not thinking that Allaah will enter him into paradise or keep him safe from the hellfire.

And as for the case of the intelligent one who is resentful of (or is hostile to) the foolish ignorant one, or the just and honest one who is resentful of the sinner, then this is not considered to be contempt of a Muslim. Rather, this is resent for the ignorance that is present in the ignorant one, and the sinfulness that is present in the sinner. So when this ignorance or sinfulness leaves that person, he returns to treating him well and raises his status in his estimation.

And Allaah knows best.

Summary

1. That it is generally forbidden to be envious of one another, although other ahaadeeth specify that envy in certain [good] cases is allowed if we wish to be like them.
2. That it is forbidden to raise prices to harm others, such as through hoarding or through trying to make unjust profit.
3. That it is forbidden to turn away from being good to or helping one another.
4. That it is forbidden to undercut one another in trade.
5. That we must be brothers to one another, and true brotherhood lies in being Allaah's worshippers and servants.
6. That it is forbidden to oppress one another, or fail one another on purpose, or lie to one another, or to hold each other in contempt.
7. That taqwaa (piety) is in the heart - see hadeeth number six - and hence the heart must be trained, purified and protected.
8. That it is forbidden to violate the rights of another Muslim: to shed his blood [unlawfully], or physically hurt him, or to deprive him of what belongs to him, or to cheat him.
9. That it is forbidden to violate the honor of another Muslim.

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http://fortyhadith.iiu.edu.my/hadith35.htm

Background

Unity is one of the greatest objectives of Islam. There are many verses in the Qur'an that urge Muslims to unite. In Surah al-'Imran, Ayah 103, Allah says: And hold fast, all of you together, to the rope of Allah (which is Islam) and be not divided among yourselves.

This is a very well-known verse to Muslims. In Surah al-Taubah, Ayah 71, Allah says: The believing men and women are 'awliya' (loyal) to one another.

There are many other verses in the Qur'an that urge joining unity, as well as verses that forbid disunity. We can see this in the same Surah al-'Imran, Ayah 103, in which Allah says: ….and be not divided among yourselves.

So in the same verse the Muslims are asked to be united and prevented from disunity. The Qur'an contains many such verses, for example: Surah al-'Imran Ayah 105-107; Surah al-Hujurat Ayah 10; Surah al-An'am Ayah 153 and 159; and in Surah al-Rum Ayah 31-32. All of these verses and many others in the Qur'an forbid the division or split of the Muslim community.

Moreover, we have many hadiths that command the Muslims to be united. One hadith is recorded by Imam Muslim: "Verily Allah likes three things for you and disapproves three things for you: He is pleased with you but you worship Him and disassociate anything with him; that you hold fast to the rope of Allah and not to be scattered (disunited); and He disapproves for you irrelevant talk, persistent questioning, and wasting of wealth."

We find that Islam commands the Muslims to practice things that will bring unity - there are conditions and actions where the Muslims need to perform to accomplish this. At the same time, we also find that there are many actions that Islam forbids because these actions may lead to the disunity of the Muslim ummah. This Hadith 35 falls in the latter category.

Lessons

The first action that the hadith forbids is envy (al-hasad). Muslim scholars like Imam Ghazali and others define envy as disliking to see a person receiving a bounty and wishing that he or she (the recipient) would lose it.

Ibn Rajab gives a different and broader definition. He states in his definition that it is part of human nature that a person dislikes anyone to be better than him in virtues. He says that people differ in their attitudes and he lists five categories of envy that people have:

1. There are some people who will make the effort through action or speech to abolish the bounty received by someone whom they envy.

2. There are others who will then try to get that bounty transferred to them. So they firstly try to take it away from the person they envy and then they try to get it for themselves. For instance, if a certain person is offered a certain position or authority, the envious one will try to do something by hand or by speech to take away that position or authority from that person. Then he will try to get that status or position transferred to himself.

3. There are some people who do not make any effort by action or speech to harm the one whom they envy. Ibn Rajab says this category of people can be of two types:

A. The one who does his best to eliminate the feeling of envy within himself but he cannot overcome it. In spite of this, he keeps fighting and struggling against it. Ibn Rajab says this type of person is excused from punishment.
B. The one who thinks about envy and practices it again and again. He does not make any effort to fight it even though he does not do any harm by action or speech. But he actually enjoys and practices envy - he wishes that the bounty of the envied one will be lost. Consequently, this person is subject to punishment.

4. There are those who, whenever they envy someone, do not harm him or her. They do not even wish the loss of the bounty from the envied one. Instead, they make the effort to attain a similar bounty or virtue for themselves. Ibn Rajab says: "If this bounty is worldly virtues or worldly bounties, there is no benefit in that." For example, if you see someone who has a Mercedes, and you try to attain a similar car for yourself, then there is no benefit in that. But if it is a righteous virtue, then it is good.

5. There are some people who, whenever they feel envy, do their best to stop it and they will do a favor or something good for the person whom they envied. In addition, they will also make du'a for that person until they love him - because envy is usually associated with hatred. They will wish that the envied ones are better than them - they do not bother themselves if others have things which are better than what they have. Ibn Rajab says these people are the best category of true believers since everyone is subject to indulge or be trapped by envy or being envious of others.

Why is envy (hasad) forbidden?

It can cause - by the permission of Allah - harm to others whom are envied. Consequently, they are considered as evil acts in Islam. They can cause - even by just wishing - the harming of a person. It is the virtue of shaitan. And it is also the virtue of Jews to envy other people. This is mentioned in Surah al-Baqarah, Ayah 109 and in Surah al-Nisa', Ayah 54.

The Prophet, sallallahu 'alayhi wasallam, warned Muslims against envy when he said "Creeping upon you is the diseases of those people before you: envy and hatred. And hatred is the thing that shapes. I do not say it shapes the hair but it shapes the religion. By the One in whose hand is my soul, you will not enter paradise until you believe, and you will not believe until you love one another. Certainly, let me inform you of that which may establish such things: spread the greetings and peace among yourselves." [Recorded by Imam Ahmad and Al-Tirmidhi]

Since this is a harmful act, Muslims are asked to recite certain Qur'anic verses such as Surah al-Falaq, Surah an-Nas, and Surah al-Ikhlas to protect from envious people. According to the Muslim scholars, it would be preferable to recite them after the five prayers along with Ayat-ul-Kursi.

Al-Tanajush is translated literary as "do not artificially inflate the prices against one another". Najash that is mentioned in this hadith can be interpreted, according to Ibn Rajab, in two ways:

1. It can be interpreted as bai' al-najash - the trading where a person offers a high price for a certain item not for the sake of buying it but for the sake of raising the price of the item so that in the end it is sold for more than its actual price/worth. This is usually done, even in the Muslim world today, by a previous agreement by the salesman and another person or relative who pretends that he wants to buy. This is done in the stock market or auctions where there is a person who keeps bidding higher prices for an item. He is doing a favor for the person who wants to sell. This is considered as bai' al-najash. The majority of Muslim jurists (fuqaha) say it is valid. However, they say that if the buyer finds that he has been manipulated in a way where the price exceeded drastically over the actual price, then he has the choice of returning the item.
2. The second interpretation of najash is a broader one, more than merely limiting it to trading. Ibn Rajab says here it means any kind of deceiving actions that will lead to harming others. He adds that all dealings that are conducted in a deceiving way are included here. He quotes Surah Fatir, Ayah 43: "That the evil plot encompasses only him who makes it."

Ibn Rajab says that this hadith is a warning to Muslims not to hate one another, especially if it is because of self-interest. Why? Because Muslims are brothers in Islam. They should love each other and should not hate one another. Consequently, al-nameemah, backbiting and slander are forbidden because they will lead to hatred among the Muslim community. Ibn Rajab says that when the Muslims started dividing into different sects because of conflicting views regarding certain religious matters, this led to disputes and hatred among the community, and thus disunity.

We should not turn our backs on one another. Ibn Rajab says this means any form of disassociation. He says that the Prophet, sallallahu 'alayhi wasallam, said the Muslim is not allowed to disassociate himself from the others for more than three days. This is, as Ibn Rajab points out, in worldly matters. Whereas in the religious matters, disassociation is one of the punishments that Islam allows - e.g. to disassociate with those who commit sins in order to teach them a lesson. But scholars say that if the person who commits the sin is not likely to come back to the right path, then it is meaningless to disassociate with him. As one of the scholars pointed out, if the objectives of Islam are not fulfilled then disassociation is meaningless.

We should not undercut one another in business transactions. For example, if someone is trying to buy something from a salesman, in the middle of their negotiations another salesman appears and interferes and tries to get that customer to buy his product/service instead. This kind of transaction is forbidden because the customer has yet to make his final decision - it will lead to the disunity of the Muslim community.

The Prophet, sallallahu 'alayhi wasallam, asks us to be brothers to one another. Ibn Rajab says this is like justifying the actions that are mentioned by the Prophet, sallallahu 'alayhi wasallam, because these evil acts will lead to spoiling the brotherhood of the Muslims. If Muslims avoid these evil acts, then this will lead them to be brothers. Moreover, Ibn Rajab says this statement implies that Muslims have to make the effort to do whatever that will lead to achieving this brotherhood. This means fulfilling all the obligations towards Muslims, for example like returning the greetings, visiting the sick, helping the needy, accepting invitations, sending presents, shaking hands, and smiling.

Then the Prophet, sallallahu 'alayhi wasallam, says the Muslim is the brother of another Muslim. Ibn Rajab explains about this statement: "It is now obligatory for each brother that he tries to benefit his Muslim brother and to refrain from harming them." He adds that the major harm is oppression and injustice. If a Muslim is in need of your support and you fail to support or help him, this is unjust. There are many places in the Muslim world where the Muslims are in great need of help. They are being oppressed and nobody supports them. Accordingly, if we are not doing anything to help them, we are failing our Muslim brothers. We need to be united to solve the problems that we are facing today. Our main concern should be the unity of the ummah. A contemporary scholar, Abdurrahman Al-S'adi, says that one of the greatest forms of jihad is to make an effort to unite the Muslims. He states that cooperation among Muslims is an obligation.

We should not lie to our Muslim brothers. We should also refrain ourselves from belittling or making fun of other Muslims. We should not make signals or gestures that threaten the face value of our Muslim brothers. We should take care not to be cynical to others and not to undermine other Muslims.

The Prophet, sallallahu 'alayhi wasallam, says taqwa is in the heart. Ibn Rajab comments on this statement saying it is evidence that the most noble among people are the ones who are righteous even if they are not lucky in the sight of other people. If they are righteous, they are the most noble in the sight of Allah.

It can be said that all that has been mentioned in this hadith has to do with the heart: loving Muslims, and not to envy them. When we have taqwa in our hearts, we will not do the forbidden acts mentioned - our hearts will be purified and filled with love.

Conclusion

"All things of a Muslim are inviolable for another Muslim: his blood, his property, and his honor." This important last statement, which was mentioned by the Prophet, sallallahu 'alayhi wasallam, in his farewell sermon (hajat alwadaa'), concludes or summarizes what this hadith is about. This hadith clearly states that harming others either by saying or doing something is considered an evil act. Allah says: And those who annoy believing men and women undeservedly, they bear on themselves the crime of slander and plain sin. [Surah al-Ahzab: Ayah 58]

Allah made the believers as brothers so that they have mercy upon one another; so that they love one another; so that they help one another and support one another. This is how Muslims should be.

Hadith #34- Forbidding the Evil is from Eemaan, The concept of Al-Amr bil-Ma'ruf wan-Nahiu 'anil-Munkar

http://www.islaam.net/main/display.php?id=225&category=24

Explanation of Hadeeth Number 34

Imaam Muslim has transmitted this hadeeth from Taariq bin Shihaab, who said: The first person to begin with the khutbah before the prayer on the day of 'Eed [instead of the prayer followed by the khutbah] was Marwaan [the son of Yazeed]. So a man stood up to him and said: "The prayer [should be] before the khutbah!" So [Marwaan] replied: "That old way has been left." So Abu Sa'eed [al-Khudree] said: "As for this man [who spoke up to Marwaan] then he has completed the duty that was upon him. I heard the Messenger of Allaah (sallAllaahu alayhi wa sallam) say 'Whosoever of you sees an evil, let him change it [until the end of the hadeeth]'".

In this hadeeth is a proof that no one before Marwaan had changed the order of the 'Eed prayer and khutbah. And if it is asked why did Abu Sa'eed himself not attempt to change this evil, until the other man stood up against it, then this can be answered in a number of ways: It is possible that Abu Sa'eed was not present the first time Marwaan began to give the khutbah before the prayer, or that the man had begun to oppose Marwaan and then Abu Sa'eed arrived upon the scene and the two of them then opposed Marwaan together. Or it is possible that Abu Sa'eed was present but feared that if he opposed Marwaan then this would lead to a greater fitnah or he feared for his own life, and so he remained silent. Or it is possible that Abu Sa'eed was about to stand up against Marwaan, when the other man unexpectedly rose before him, and so Abu Sa'eed assisted him.

And it is narrated in another hadeeth that is agreed upon by al-Bukhaaree and Muslim, and is mentioned by them in their chapters on the 'Eeds, that it was Abu Sa'eed who pulled at Marwaan's hand when he was about to climb onto the mimbar, and Abu Sa'eed and the other man were together so Marwaan replied to them both with what is mentioned here, and so the meaning of what Abu Sa'eed said is that both of them completed their duties.

And as for his (sallAllaah alayhi wa sallam) statement "let him change it" then it is an order indicating obligation by the consensus of the imaams, and this is in conformity to the book of Allaah and the sunnah regarding the obligation of commanding the good and forbidding the evil, and it is also part of giving naseehah [sincere advice] which is the deen [see hadeeth number seven]. And as for His - ta'aalaa - statement: "O you who believe! Take care of yourselves; no harm can come to you from those who are in error if you follow the right guidance" [Soorah al-Maa'idah, 105] then this is not in opposition to what we have mentioned. This is because the correct understanding of this noble aayah according to the 'ulamaa of the truth is that if one performs ones duty then one will not be harmed by the deficiencies of others. And this is similar to His statement: "and no bearer of burdens shall bear the burden of another" [Soorah al-An'aam, 164]. And if this is the case, then from what the Muslim has been charged with is commanding the good and forbidding the evil, and so if he does that and yet the one spoken to does not submit, then he carries no blame after that. This is because upon him is the commanding or the forbidding, but not the acceptance [of the correction], and Allaah knows best.

Then, commanding the good and forbidding the evil is a fard kifaayah [collective duty], so if a group of people establish it such that they suffice then the obligation falls from the rest of the people. But if all of the people leave it, then all of them, who are able to do it without difficulty, are sinful.

Further, sometimes it may be restricted to certain individuals, such as if it concerns an affair that none knows of other than he, or none other than he has the ability to stop that affair, such as the one who sees his wife or son or slave perform an evil.

The 'ulamaa have said that the obligation of commanding the good and forbidding the evil is not removed if a person merely suspects that his admonition will not be accepted - rather he is still obliged to perform it. Allaah ta'aalaa has said: "Verily, the reminding benefits the believers" [Soorah adh-Dhaariyaat, 55], and it has already preceded that upon him is to admonish, and acceptance of the admonishment is not upon him. Allaah ta'aalaa has said: "The Messenger's duty is only to convey (the message) in a clear way" [Soorah an-Noor, 54]. The 'ulamaa have said: "It is not a condition for the commander of good or the forbidder of evil to himself be perfect in his condition, and fully complying with that which he commands and fully leaving that which he forbids. Rather upon him is to command, even if he himself is not upon that completely. This is because he has two duties upon him: firstly, to order his own soul upon good and forbid it from evil, and secondly to command and forbid other people. So if he fulfils one of them then the other still remains obligatory upon him."

And they said that the actions of commanding the good and forbidding the evil are not meant only for the government officials, but rather they are required from every individual amongst the Muslims, and every one possessing knowledge of what must be commanded or forbidden must do so. So if the matter is one which is well known and apparent, such as the prayer or the fasting [of Ramadaan] or zinaa or drinking of alcohol, or other matters similar to these, then all of the Muslims have knowledge of them and so must command or forbid. But if the matter is from the finer matters of action or speech or that which is associated with ijtihaad, and they are not matters that the general populace have knowledge of, then it is not for them to forbid, rather this is for the 'ulamaa.

And the 'ulamaa admonish others regarding those issues upon which there is ijmaa' [consensus]. But as for the issues over which there is a difference of opinion amongst the scholars, then they do not admonish regarding them. This is because, according to the first of the two madhhabs in this issue, every mujtahid is correct in his own ruling, and this madhhab has been adopted by many of the verifying scholars. And according to the second madhhab only one opinion is correct, but which ones are in error is not identifiable by us, and hence there is no sin [upon the one who has erred]. So in such cases the scholars do not admonish, but rather advise, as a form of naseehah [sincere advice], in order to keep clear of the difference of opinion, and this is good and desirable, as long as it is done gently and with kindness.

The Shaykh Muhyee ad-Deen an-Nawawi, rahimahu Allaah, said: "And know that this affair of commanding the good and forbidding the evil has been largely abandoned since a great length of time, and in this age nothing is left of it except very few formalities, despite its being an extremely important affair, by which authority is established in the land - rather it is its foundation and basis. And if wickedness and evil become widespread in the land then the punishment [of Allaah] will encompass both the pious and the wicked people. So if they do not take hold of the oppressors then they will all be very near to facing the punishment of Allaah, as Allaah ta'aalaa has said: "And let those who oppose the Messenger's commandment beware, lest some fitnah (trials, afflictions, etc) befall them or a painful torment be inflicted on them" [Soorah an-Noor 63]. So it is required of the one who seeks the hereafter, and who exerts himself in attaining the pleasure of Allaah 'azza wa jall, that he concerns himself with this affair, for indeed its benefit is great. And this is so especially since most of the people have left it, and let not the one who admonishes fear any [evil] repercussions, due to the raising of his rank [with Allaah]. For verily Allaah ta'aalaa has said : "Verily, Allaah will help those who help His (Cause)." [Soorah al-Hajj 40]. And know that the reward is proportionate to the exertion made and hardship faced. And one should also not leave it due to the wrong-doer being ones friend or ones loved-one, for verily the true friend of a person is the one who exerts himself in building his hereafter, even if this may bring about some loss in his worldly affairs. And the true enemy of a person is the one who exerts himself in taking away his hereafter, or reducing it, even if by doing so he brings about some benefit in his worldly affairs."

And it is required of the one who commands the good and forbids the evil that he does so with gentleness, in order to ensure the greatest chance of attaining that which is desired [i.e. the correction and rectification of the wrong-doing individual]. And Imaam ash-Shaafi'ee rahimahu Allaah said: "He who admonishes his brother in secret has sincerely advised him and has adorned him, while he who admonishes his brother openly [in front of everyone] has humiliated him and disfigured him."

And from what the people [nowadays] have become negligent of in this affair is that if they see a trader selling goods or merchandise or animals that are defective, and he does not show this defect to his customers, then nobody admonishes the trader for this, nor do they inform the buyer about the defect. And they will be questioned about this [on the day of judgment] for verily the religion is naseehah [sincerity or sincere advice], and he who does not give sincere advice has cheated.

And his sallAllaahu alayhi wa sallam statement "let him change it with his hand; and if he is not able to do so, then [let him change it] with his tongue; and if he is not able to do so, then with his heart" means that he must hate it with his heart, and this does not stop the evil occurring nor change it to something good, but this is all that he is capable of doing.

And his sallAllaahu alayhi wa sallam statement "and that is the weakest of faith" means, and Allaah knows best, that this is the smallest possible fruit or result of his faith. And it is not upon the one who commands the good and forbids the evil to investigate and search and spy upon others, or to invade others privacy or to suspect others in order to find their wrongs. Rather, if he comes upon an evil then he changes it. And al-Maawardee (rahimahu Allaah) said: "It is not for him to invade the privacy of and spy upon others, except if he is informed by a trustworthy and reliable person that someone has secluded himself with another man in order to murder him, or with a woman in order to fornicate with her. Then in such cases it is permissible for him spy upon them and investigate, and to try to expose them in order to prevent the occurrence of that which cannot be rectified."

And as for his sallAllaahu alayhi wa sallam statement "and that is the weakest of faith" then it has already been mentioned that this means the smallest fruit of ones faith. And it has been related in a different narration of this hadeeth: "And after that there does not remain any eemaan [faith] even of the size of a mustard seed", i.e.. that after that there does not remain any level of eemaan. And the word 'eemaan' in this hadeeth carries the meaning of 'Islaam'.

In this hadeeth is a proof that the one who fears being killed or being beaten [for admonishing the wrong-doer] is no longer required to act to change the evil, and this is the madhhab of the scholars of truth from amongst the early and later scholars. However an extreme group has adopted the position that the responsibility to act remains even if he fears for his life or fears punishment.

And Allaah knows best.

Summary

1. That it is everyone's individual duty to improve matters as far as he is able to do.
2. That if one can correct something with ones hand without bringing about more harm, then he should do so.
3. That if it is that one can only say something under the circumstances, then one should do so.
4. That one must at least hate in ones heart the evil that has happened, even if one cannot do anything about it, and this is the weakest level of faith.
5. That if one does not feel anything in one's heart against the wrong then this indicates a lack of faith.
6. That one should take action whenever it is conducive to do so.

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http://fortyhadith.iiu.edu.my/hadith34.htm

Background

The essence of the Islamic da'wah is enjoining the good and forbidding the evil, since whenever a person conveys the message, he is enjoining good and forbidding evil. Therefore, it is a mistake to consider these two as separate matters, since they are actually performed concurrently and are synonymous.

The main objective in fulfilling this obligation is to attain and maximize benefits, and to eliminate or minimize harm.

Qualities possessed by a caller who enjoins the good and forbids the evil

1. Ikhlas (sincerity) - since enjoining the good and forbidding the evil becomes an action pleasing to Allah and accepted by Him only if it is done with sincerity for Him.

2. 'Ilm (knowledge) - as Allah commands: Say: This is my path, I do call to Allah upon clear knowledge. [Surah Yusuf (12): Ayah 108]

This is an important condition since the caller must know what matters are good, so he enjoins it, and what matters are evil, so he forbids it. In Ibn Taymiyyah's al-Amar it is stated that it is necessary to possess the knowledge of good and evil and of the difference between them, and it is necessary to know the situation of the person being commanded or forbidden.

3. Hikmah (wisdom) - which means saying or doing the right thing in the right way at the right time to the right person, as prescribed by Allah in His statement: Call to the way of your Lord with wisdom and beautiful admonition. [Surah an-Nahl (16): Ayah 125]

Ibn Taymiyyah wrote: Enjoin the good in a good way and do not forbid the evil in an evil way.

4. Hilm (forbearance) and Rifq (gentleness) - especially in the face of opposition from the people. As Allah said to His Messenger, sallallahu 'alayhi wasallam: And by the mercy of Allah you were able to deal gently with them. If you had been severe and harsh-hearted, they would have broken away from you. [Surah al-Imran (3): Ayah 159]

The Prophet, sallallahu 'alayhi wasallam, also said: Indeed gentleness does not enter into anything except it beautifies it, nor is it removed from anything except that it makes it ugly [Reported by Imam Muslim].

5. Sabr (patience) - since the people whom the caller opposes in enjoining good and forbidding evil, may be stubborn to his call and may even try to harm him.

Ibn Taymiyyah says in al-Istiqaamah, concerning the call to the good and away from the evil: Knowledge must precede it, gentleness must accompany it and patience must follow it. Shaikh al-Humaid, the teacher of Shaikh Ibn Baz, said, in an explanation of Surah al-'Asr that Allah makes an oath that mankind will be in a state of deficiency, except with four conditions, which are: (a) iman, (b) good actions, (c) encouraging each other to the truth which means enjoining the good and forbidding the evil, and (d) encouraging each other to patience, which is required after enjoining good and forbidding evil. Furthermore each person will have a level of deficiency in accordance with the level of lack of any of these four.

6. Tawaadu' (humility) - since the people will not heed if the caller is arrogant or he seeks to put himself above others.

7. Qudwah (good example) - for the caller himself becomes a model to the people to whom he calls, doing those things which he enjoins and leaving those things which he forbids. Allah says:
O you who believe! Why do you say that which you do not do. It is a most hateful thing to Allah that you say that which you do not do. [Surah as-Saff (61): Ayah 2-3]

8. Husnul-Istimaa' (good listening) - which is that the caller is attentive to the needs and feelings and also the complaints of the people whom he calls.

9. Shajaa'ah (courage) - which does not refer to strength of the body; rather it is the strength of the heart, together with knowledge - this differentiates between true courage and mere recklessness.

10. Karam (generosity)

Lessons

Scholars say that before using the hand, we should start with advice, warning the people of the consequence of evil and encouraging and motivating them to good actions. When this method has been fully utilized and there is no change in the people, only then is it permissible to use the hand.

Imam ash-Shatibi says that the caller must predict the consequences of what he says or does, whether by hand or by tongue.

If it is very likely that, as a result of attempting to change the evil, the caller himself or another person will be harmed, then changing the situation is no longer obligatory upon him. Here harm does not refer to insults or curses, but to physical injury such as being beaten or killed. Harm can also mean that a bad reputation is spread concerning the caller. Ibn Qudaamah also includes financial loss, whether immediate or later, to such an amount which the caller cannot afford.

People differ in their ability to change things; in general, when someone is higher in his rank or authority, then there is more responsibility on him to remove the evil.

Principles of Inkaarul-Munkar (forbidding what is evil)

1. Prioritize the evil, thus beginning with the higher priority before the lower.

2. Tadarruj (being gradual). Note the gradual method by which Allah made the drinking of wine forbidden: Firstly, by saying that there were benefits in it and harm in it but the harm outweighed the benefits; secondly, by forbidding the people to approach the prayer in a drunken state; and finally, by an outright prohibition. This step-by-step method does not imply that wine was not forbidden in the early stages, but it is a methodology from which we can benefit.

3. Do not look for people's faults. Qadi Abu Ya'laa has noted an exception to this principle, which occurs when there are clues or information that an evil is taking place or is about to take place. Thus one may be able to prevent an evil, such as a murder or rape, from taking place by following up on information.

4. Establish that the evil is indeed taking place.

5. Choose a suitable time to forbid the evil.

A. The caller should not delay until the evil has finished.
B. The caller should exploit situations in which the people are more likely to respond to his call, for example when Yusuf, 'alayhi-salam, spoke to his companions in the prison about tauhid when they had been troubled by their dreams. Ibn Masoud said concerning this:

Verily the heart has moments of yearning and responsiveness
And moments of indifference and turning away
So snatch it at the time of yearning and response
And leave it at the time of indifference and turning away.

6. Speak in private, as Imam ash-Shafie wrote:

Come to me with your advice when I am alone
And do not advise me in the crowd
Because advice amongst the people is a scolding
And I do not like to hear it aloud
Then if you disobey me and do not heed my words
Do not feel sad when you are not followed.

7. Do not instigate or provoke the people, but use a good argument, as Allah says: Call to the way of your Lord with wisdom and beautiful admonition, and argue with them with ways that are best. [Surah an-Nahl (16): Ayah 125]

Imam Ghazali wrote: Don't convey the truth in a challenging manner.

8. Show forgiveness and kindness towards the people, and not to be affected by worry or anger in case the people show a negative response to the advice.

9. If a difference of opinion arose as a result of ijtihaad, then the caller who holds one opinion should not forbid the other opinion.

10. Weighing the principles of benefits and harms, as Ibn Taymiyyah wrote in al-Amar: If enjoining the good and forbidding the evil would result in a greater evil, then it is haram to do it. Enjoining the good should not lead to a better deed being left out and forbidding the evil should not lead to a greater evil taking place.

Ibn Rajab states that in enjoining the good and discouraging the evil the conductor is motivated by different reasons:

1. It could be by hope in Allah's great reward for doing it.
2. It could be by fearing Allah's punishment for renouncing this obligation.
3. It could be by getting annoyed by seeing violations to what Allah has prescribed.
4. It could be due to being faithful to the community members who indulge in evil and by being kind and merciful to them by making the effort to save them from being subject to Allah's anger, displeasure and punishment in this life and in the hereafter.
5. It could be by glorifying Allah and loving Him much, for He deserves to be obeyed, remembered, and thanked.

Observing the last two motives alone can make burden of conducting this obligation a light, favorable one and will empower the conductor with enough potential belittle any difficulty or hardship he may encounter thereof.

Conclusion

The last portion of the hadith clearly states that the least a Muslim can do in the case of witnessing an evil act is to change it by his/her heart. This means that he/she should dislike the evil he/she comes across. This is an action of the heart, such as saying: "O Allah, there is nothing that I can do to change this bad situation that You dislike and disapprove except that I hate it to take place. I do not agree to it. O Allah forgive me, guide me and save my heart to be influenced by it."

Unless this action of the heart is practiced, the heart of the believer who witnesses that evil will be subject to be influenced by that evil. A dark spot will be placed in that heart (as stated in another hadith related by al-Bukhari).

With the repetition of such negative attitudes, the heart will be subject to more dark spots placed in it until it is concealed and no longer appreciates what is good and no longer dislikes what is bad or evil. This means that the Muslim who does not practice the lowest level of forbidding the evil, will be subject to turn into being an evil doer him/herself.

Hadith #33- The Onus of Proof is on the Claimant and The Taking of an Oath is on the Denier, The plaintiff and the defendant

http://www.islaam.net/main/display.php?id=226&category=2

Explanation of Hadeeth Number 33

That which is recorded in the Two Saheehs [i.e. al-Bukhaaree and Muslim] of this hadeeth mentions that Ibn Abee Mulaikah said that Ibn 'Abbaas (radiAllaahu anhumaa) wrote: "That the Prophet (sallAllaahu alayhi wa sallam) decreed that the taking of an oath [of denial] is upon the one against whom a claim is made", and in another narration: "That the Prophet (sallAllaahu alayhi wa sallam) said that if people were given everything that they claimed, men would [unjustly] claim the blood/lives of other men, and their property; but the taking of an oath is upon the one against whom a claim is made."

The compiler of the Forty Hadeeth [i.e. Imaam an-Nawawee] said: "This hadeeth has been narrated by al-Bukhaaree and Muslim in their two Saheehs in Marfoo' form [i.e. the chain of narration goes right up to the Prophet sallAllaahu alayhi wa sallam] from the narration of Ibn 'Abbaas, and it has been similarly narrated by the compilers of the Collections of Sunan [such as Abu Daawood, an-Nasaa'ee, etc] and other than them."

And al-Aseelee said: "Its chain up to the Prophet (sallAllaahu alayhi wa sallam) is not established - rather it is the statement of Ibn 'Abbaas", to which the collector [i.e. Imaam an-Nawawee] replied: "If it [the chain of narration] has been declared Marfoo' by the testimony of the Two Imaams [i.e. al-Bukhaaree and Muslim] then the statement of another who restricts it [to a Sahaabee] does not have any effect, and this is not considered to be a conflict nor disorder."

And this hadeeth is a principle from the Principles of the Sharee'ah, and a great authority to which one resorts in case of dispute or argument, and it implies that judgment is not simply passed by the claim of an individual.

And his (sallAllaahu alayhi wa sallam) statement "men would [unjustly] claim the wealth and lives of [other] people", then this has been used by some people to prove the invalidity of the statement of Imaam Maalik regarding the acceptance of the statement of the one who has been [almost] killed that "so and so killed me" or "my blood is on the hands of so and so", because if the statement of the sick man is not accepted that "so and so has my money" then how can this statement "my blood is on the hands of so and so" be accepted? However, there is no proof in this for them against Imaam Maalik, as he did not link the Qisaas or Diyah [the laws relating to murder] to the statement of the claimant, but rather to the division of the inheritance upon the murder.

And as for his (sallAllaahu alayhi wa sallam) statement "and the taking of an oath is upon him who denies", then the 'ulamaa have come to a consensus [ijmaa'] that the one against whom a claim is made can be forced to take an oath of denial in the case of disputed property/possessions, but the 'ulamaa have differed in cases other than that. So some have ruled that it is compulsory in every dispute such as in the case of divorce, or nikaah, or freeing a slave, and they have taken this from the apparent generality of the hadeeth. And if the claimed against refuses to take an oath, then the claimant may take an oath and his claim will be accepted.

And Abu Haneefah (rahimahu Allaah) said: "An oath is taken [from the claimed against] in the case of divorce and nikaah and freeing a slave, and if it is refused [by the claimed against] then the claimant may take an oath in all of these cases." And he also said: "And one does not force an oath in the case of the hudood".

Summary

1. That we do not have all our wishes and desires fulfilled for the sake of the general good.
2. That mankind cannot always know by themselves what is good for them all.
3. That man cannot be completely free of being selfish, and consequently unjust, without the control of Allaah.
4. That the one who claims something must prove it to be his.
5. That the one who denies what he is accused of must take an oath of denial.

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http://fortyhadith.iiu.edu.my/hadith33.htm

Background

There are in every judicial dispute at least two litigating parties, the plaintiff and the defendant. The first claims what is contrary to the apparent fact; the second holds to the apparent fact and denies the claim. (Mahmassani: Falsaft al-Tashri' al-Islami - p 169, 170).

This hadith forms an important maxim. The text of the hadith has been expressed in the following way: "Evidence is for the person who claims; the oath is for the person who denies."
(The Mejelle 1967 article # 76)

Lessons

This hadith shows the supreme importance of proof to the administration of justice. The necessity of proof is a restrainer to false, weak, and unsubstantiated claims. (Mahmassani 168).

Therefore it becomes important to know upon who the onus of proof lies. There is no doubt that the burden is upon the plaintiff. This is explained by the fact that what is apparent is presumed to be the original state; any one who makes a claim to the contrary must prove such claim. (ibid)

The proof of a matter requires presentation of evidence until the matter attains the degree of certainty. Certainty is that which can be established by sight or proof. It can only be dispelled by another certainty. (ibid)

Since it is established that a defendant is presumed to be free from liability until the claimant proves the contrary, it is important to know who is the defendant and who is the plaintiff, who of the two must bear the onus of proof, and whose evidence takes precedence in case of conflict. (ibid p172).

The definition of "Plaintiff" and "Defendant"

There are three views regarding the above issue (Zarabozo 3/1167):

1. The plaintiff is the one who is not charged with anything or can remain silent of the two disputants.
2. The plaintiff is the one who is claiming something other than what is apparent or what has not yet been established in the past. The defendant is the one who is on the opposite side, arguing to what is apparent.
3. The defendant is the one rejecting a claim while the plaintiff is the one making the claim.

The meaning of al-Bayinah or "proof" (ibid)

Many jurists seem to think that "proof" refers only to witnesses. However, the meaning of proof is much more comprehensive and also applies to means of proof other than witnesses.

According to some early and contemporary scholars, "al-Bayinah" or proof is a noun that encompasses all means of establishing the truth. Circumstantial evidence, conclusive presumption, and clear signs that lead to a definite conclusion can all be taken into consideration.

Modern forms of criminal investigation can be used in making judicial conclusion. Otherwise, rights will be lost and injustice will be allowed to prevail.

The criteria for being an acceptable witness (ibid):

1. The witness must be sane and competent.
2. In general, the witness must be an adult.
3. The witness must be a Muslim unless it be in a case dealing with non-Muslims.
4. The witness must be of sound memory.
5. The witness must be a person of integrity and honesty.

The importance of giving one's testimony:

1. It is an obligation that people offer their testimony truthfully when called upon to do so. Allah the Almighty says: And the witness should not refuse when they are called. [Surah al-Baqarah: Ayah 282]
2. It is considered a sin to conceal what one has witnessed. Allah the Almighty says: And conceal not the testimony, for he who hides it is certainly sinful of heart. [Surah al-Baqarah: Ayah 283]

A warning to those who make successful false claims

It is noted that Islam stresses on appealing to fearing Allah whenever there is misuse of authority, or taking chances over others in all human relations such as trading, family disputes, and making false claims against others.

The Prophet, sallallahu 'alayhi wasallam, said: "I am a human being. You come to me as litigants. Perhaps, one of you is better in presenting his argument than the other and I decide in his favor according to what I have heard. If I have decided anything for someone from the rights of his brother, he should not take it for I have portioned for him a portion of the Hell fire."

In another hadith the Prophet, sallallahu 'alayhi wasallam, warns us that taking as little as a spin of a palm of some one else's property unjustly will be horribly taken responsible for in the Day of Judgment.

In a third hadith the Prophet, sallallahu 'alayhi wasallam, cursed the one who changes for no good reason the landmarks of a property.

Conclusion

Islam is a practical religion where it takes into account the possible natural conflicts, quarrels, and disputes among community individuals where people may claim something against one another. Islam establishes rules and principles by which these disputes are brought to an end in a just manner.

A person is free of guilt or claims made against him or her until proven otherwise.

Hadith #32- No Harming nor Reciprocating Harm, Not causing harm

http://www.islaam.net/main/display.php?id=222&category=24

Explanation of Hadeeth Number 32

Know that he who harms his brother has oppressed him, and oppression is prohibited [Haraam], as has preceded in the hadeeth of Abu Dharr (radiAllaahu anhu): "O My servants! I have forbidden dhulm (oppression) for Myself, and I have made it forbidden amongst you, so do not oppress one another," and the Prophet Muhammad (sallAllaahu alayhi wa sallam) has said: "Verily your blood [i.e. lives] and your property and your honor are all sacred/prohibited". And he said this on many occasions, including the sermon he gave at the farewell Hajj.

And as for his (sallAllaahu alayhi wa sallam) statement "There should be neither 'darar' nor 'diraar'" then some of the 'ulamaa have said that these are two words which have the same meaning, and they have been used together as a form of emphasis.

And Ibn Habeeb (rahimahu Allaah) said: "According to the scholars of the Arabic language, ad-darar refers to the noun and ad-diraar refers to the action/verb, and so the meaning of 'no darar' is that none of you should harm any other with something that they have not harmed you with first. And the meaning of 'no diraar' is that none of you should harm any other at all."

And al-Muhsinee (rahimahu Allaah) said : "ad-darar is that by which you attain benefit, but in it is harm for your neighbor", and this is a good understanding of a nuance of the meaning. And other scholars have said: "ad-darar and ad-diraar are similar to al-qatal [murder] and al-qitaal [fighting one another], so ad-darar is that you harm one who has not harmed you, while ad-diraar is that you harm one who also harms you in a way that is not responding equally or taking revenge rightfully", and this is similar to his (sallAllaahu alayhi wa sallam) statement "Return the trusts given to you, to those who entrusted them to you, and do not betray the one who betrays you" [Hasan Ghareeb, narrated by at-Tirmidhee]. And the meaning of this according to some of the 'ulamaa is that one must not betray the one who betrays, after one has already taken revenge or sought justice for his betrayal. And so it is as though the forbiddance here is upon initiating an injustice or harm, while the one who seeks revenge with the equal of what he has been harmed with, and who takes his right, then he is not considered to be a betrayer. Rather, the betrayer is he who takes that which does not belong to him or more than that which is rightfully his.

And the Jurists [fuqahaa'] have differed over the one who refuses to fulfill the rights/trusts that others have upon him, such that the entruster forcibly takes the wealth that he had entrusted to him. So some of the scholars have said: "It is not correct for him to [forcibly] take what is his right due to what is apparent from his (sallAllaahu alayhi wa sallam) statement "Return the trusts, and do not betray the one who betrays you". On the other hand, other scholars have said: "It is permissible for him to take revenge from the one who has betrayed him, and to forcibly take what is due to him from the hand of his betrayer" and they use as proof the hadeeth narrated by 'Aaishah (radiAllaahu anhaa) regarding the incident involving Hind and her husband Abu Sufyaan, wherein Hind said to the Prophet (sallAllaahu alayhi wa sallam) "O Messenger of Allaah! Verily Abu Sufyaan is a stingy/tight-fisted man, and he does not give to me what is sufficient for myself and my child, unless I take it from him secretly." So the Prophet (sallAllaahu alayhi wa sallam) replied: "Take [from his wealth] what is sufficient for you and your child, but with justice" [narrated by Muslim]. And in this issue the fuqahaa' have mentioned many points and fine issues that cannot be mentioned here.

And what is correct from an examination of all the evidences is that it is not correct for someone to harm his brother, whether he has harmed him or not, except if he avenges himself to the extent that justice allows him to [i.e. equally], and this is not considered to be oppression nor harm, as long at is in a fashion that the Sunnah makes permissible for him.

And the Shaykh Abu 'Amr bin as-Salaah (rahimahu Allaah) has said that [the famous hadeeth scholar] ad-Daaraqutnee has collected a number of chains of narration of this hadeeth which strengthen one another, and thus raise it to the level of being Hasan [sound, acceptable], and it has been transmitted and used as proof by the vast majority of the 'ulamaa, and [the hadeeth scholar] Abu Daawood said: "The Knowledge of Fiqh revolves around five ahaadeeth", and he counted this hadeeth amongst them. So Shaykh Abu 'Amr said that the fact that Abu Daawood counted this hadeeth amongst the five, and his other statements about it, show that he did not consider it to be a Da'eef [weak, unreliable] hadeeth, and he said about it that ad-diraar is similar to al-qitaal, and this is what is upon the Sunnah. And many of the scholars of Fiqh and Hadeeth have also narrated this hadeeth as "There should be neither darar nor idraar", but this wording has no basis.

And Allaah knows best.

Summary

1. That it is forbidden to harm others
2. That it is forbidden to transgress against those who harm us

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http://fortyhadith.iiu.edu.my/hadith32.htm

Background

There are other interpretations of the text. One of them is: "No harm and no harming". Another interpretation is given by Ustaz Jamaludin Zarabozo: "There is not to be any causing of harm; nor is there to be any requital of harm".

There is another version on the hadith in which the Prophet, sallallahu 'alayhi wasallam, says: "No harm or harming in Islam". There is the additional phrase "in Islam". In a third version, the hadith states: "It is cursed whoever harms a mu'min (believer)."

Lessons

Imam Abu Dawud stated that this hadith is one of the hadiths around which all of fiqh revolves. Furthermore, this hadith leads to the birth of new branches in fiqh, mainly fiqh maxims (qaw'ed fiqhiyyah) and rules. The text of this hadith becomes one of the most important maxims. Later on other maxims were derived from the text of this hadith. Some of them are as follows:

1. Harm is to be prevented from appearing as much as possible.
2. Harm is to be eradicated.
3. Harm is not to be removed by a similar harm.
4. A greater harm can be removed by a lesser harm. Based on maxim number 4, it was realized that if someone has no other options, he should take the lesser of the two harms. Another situation is that if there is a conflict between two harms, precedence is given to avoiding the greater harm.
5. The presence of a particular harm is accepted towards a general harm.
6. Preventing harm takes precedence over gaining or attaining benefits.
7. If there is a conflict between factors permitting something and others prohibiting something, the prohibition takes precedence; that is, it is going to be given the priority.
8. Something harmful is not given precedence just because it was pre-existing. In other words, the pre-existence of something does not allow it to continue to exist and be the cause of harm.

There is a real story related to maxim number 8. This story took place in Al-Andalus (Muslim Spain) where the people built a mosque. After several years or decades, many houses had been built around the mosque and at that time when the mu'zin wanted to make the call for prayer (Adhan), he used to climb up to the minaret. The fuqaha (jurists) ruled that the mu'zin should stop going up to the minaret in order not to cause any harm (from the minaret, one was able to see into other people's homes and thus invade their privacy).

Another maxim is if there is a conflict between individual harm and public harm, the prohibition of public harm will take precedence. The above are some of the maxims that are derived from the text of this present hadith.

When scholars talk about doing things right from the first time either based on experience or anticipation that certain things will cause harm, they urge people to take precautions to prevent any kind of harm. There are books written by Imam Muslim on this issue. When we look at these maxims, we see that they are very great where we have to anticipate the harm and not to allow it to take place. If it takes place, efforts should be done in order to bring it to an end or to remove it. If it cannot be removed, we should try our best to minimize the harm.

Based on the situation, if there is a conflict between a major harm and a minor harm, then the major harm should be avoided. This means that Muslims have to tolerate the minor harms for the sake of avoiding the major ones. In another situation, if we want to bring an end to a certain harm and if the result would be by bringing a similar or greater harm, then there is no need to remove it in this way. We should not remove harm by bringing a similar degree of harm. In this way the removal of harm would be useless. A greater consideration should be given to this point as this is related to ma'ruf (asking people to do good things) and munkar (asking people not to do harmful things). If the munkar (harm) is to be removed by creating a greater harm, this contradicts the objectives of the shari'ah. The objectives of the shari'ah are to prevent harm (if not, to minimize it) and to promote goodness and maximize it.

Regarding the interpretation of the text, Imam Ibn Rajab points out that what is stated in the hadith (i.e. the usage of the word "harm") is not a matter of emphasis. It is more sound because the two statements have different meanings.

Ibn Rajab and other scholars have given two interpretations of "harm/harming":

1. The first part of the hadith is the noun "no harm" and then the second part is the verb "harming". Harm is not allowed in shari'ah and causing harm without valid reasons is rejected and not accepted.

2. The second interpretation says that the first part of hadith (harm) means that the person causes harm to someone else by doing something which is beneficial to the doer. This kind of act is not allowed in Islam. The second part of hadith (harming) means that the person causes harm to someone else which is not even beneficial for him.

For example, suppose a person builds another floor (story) on top of his house and this results in his house being higher than his neighbors. This is beneficial to him but it causes harm to his neighbors as it invades their privacy. Ibn Rajab also says that the Prophet, sallallahu 'alayhi wasallam, rejected causing harm if there is no valid reason. However, in the punishment of a criminal, there would be harm but the reason is valid. The aim here is to bring justice. In bringing justice, if there is any harm to an unjust person or criminal, then this harm is legal and allowed.

Causing harm without a valid or good reason

1. Ibn Rajab says the Prophet, sallallahu 'alayhi wasallam, said that if the main objective is to actually cause the harm, then this is totally prohibited. There are many types of harms that are mentioned in the Qur'an:
A. Wasiyyah (will) - if a person has some money and he wants to give it to someone who is not related to him. He is allowed but he must not exceed the limits (one third). If he exceeds the limits, he will cause harm to the immediate inheritors. Another situation is to give someone more than he deserves, as stated in the Qur'an. To favor any one of the inheritors is harm. Ibn Abbas considers this as a major sin. Some Muslims practice this because of ignorance or self-interest. [See Surah An-Nisa' : Ayah 12]
B. Marriage and relationship between husband and wife. In al-raj'ah (returning), as stated in Surah Al-Baqarah Ayah 231 - someone divorces his wife and then he reconciles with her, but his intention in reconciliation is so that he can cause her harm. This is not allowed in Islam. Another point is aleyla' (disassociating with one's wife).
C. Traveling or being away from the family for a long time and without a good reason - this can cause harm to the wife and family.
D. Breastfeeding - in the case of divorce, the husband tries to take the baby away from the mother and not allow her to feed him. This is prohibited. [See Surah Al-Baqarah : Ayah 233]
E. Selling and trading - when someone is in great need of something, the seller (who knows this) sells him at a very high price - this is not allowed. Some scholars consider this as a form of riba' (profit) which is prohibited in Islam.
F. Someone who wants to buy is not good at bargaining, and because of this the seller sells at a very high price, more than it is worth. This is prohibited. According to Imam Malik if the price exceeds a third of what it is worth, it is considered harm.

2. Someone may do something for a beneficial reason and with a good intention. But he overdoes it, and consequently causes harm to others. Examples of this scenario are as follows:

A. Burning rubbish on your property on a windy day. This will cause harm to your neighbors. It may cause harm to the environment and the people in the neighboring countries. This kind of harm should be brought to an end.
B. Building a high building, as mentioned above. Building a high building where it will obstruct air, sunlight, and moonlight, is not allowed because it will cause harm.
C. Digging a well that will cause damage to the well of one's neighbor. If one needs to dig a well, he should position it a little further away from his neighbor's.
D. Behaving on one's property in a way that will harm his neighbors.
E. Causing bad smell to spread from one's property to his neighbors'.
F. A person may have a property which is within the property of another person, on which he might cause the harm.

Ibn Rajab mentions that there are also some other types of actions which imply that Allah did not ask His servants to do anything that will cause us harm. He said that whatever Allah commands us to do is beneficial in this world and the Hereafter. And whatever Allah prohibits is harmful to us whether it is in this world or in the Hereafter. Examples of these actions include:

1. Tayammum (ablution without using water) - this is permissible for sick people or when there is no water.
2. The traveler or the sick does not have to fast - they can make up for it in the future.
3. Another example is taken from the biography of Prophet, sallallahu 'alayhi wasallam, where he saw someone walking and asked about him. The companions told him that this man made a vow or commitment that he will perform pilgrimage walking. The Prophet, sallallahu 'alayhi wasallam, said Allah is not in need for this one to torture himself. He asked his companions to tell the man to look for a ride, that is, to use an easier way or means to go for his pilgrimage.
4. The person who has debt. If you lend someone money and he is indeed in a very bad financial situation, then you should give him time for him to get the money and pay you back.

These are just some examples that are mentioned by Ibn Rajab where there is a caused harm and that harm should be prevented.

Conclusion

Any act that causes harm to others, whether individually or as a community and whether it is beneficial or not beneficial to the one who causes it, is prohibited in Islam. It should not exist in the first place and if it did, then a deliberate effort should be made to remove or minimize it. The scholars point out that those in authority should interfere and prevent such harmful acts.

Hadith #31- The Reality of Asceticism, The concept of Al-Zuhd (asceticism) in Islam

http://www.islaam.net/main/display.php?id=223&category=24

Explanation of Hadeeth Number 31

Know that the messenger of Allaah (sallAllaahu alayhi wa sallam) used to encourage his companions upon making do with little from worldly possessions and upon abstemiousness, and said: "Remain in the world as though you are a stranger, or a passing traveler." And it has been narrated that he (sallAllaahu alayhi wa sallam) said: "Love of the dunyaa (worldly pleasures) is the head of all sins" (However, this narration is traceable back only to al-Hasan al-Basree, and not to the Prophet sallAllaahu alayhi wa sallam). And in another hadeeth: "Verily the ascetic in this life finds his heart contented in this world and in the hereafter, while the seeker of the dunyaa finds his heart weary in this world and in the hereafter".

And know that whosoever lives in the world lives like a guest, and whatever he holds in his hand is but a loan; the guest will ultimately depart, and the loan will ultimately be returned. And 'Alee (radiAllaahu anhu) said: "The dunyaa is the land that you see before you - from it eat the pious and the evil ones", and it is hated by the Awliyaa (friends) of Allaah and loved by the people of the dunyaa. So whosoever joins them in their love of it (the dunyaa) then they too are hated.

And the messenger of Allaah (sallAllaahu alayhi wa sallam) has guided the questioner in this hadeeth to leave the dunyaa by being abstemious of it, and as a consequence of that has promised for him the love of Allaah, the Most High - and that is His being pleased with him, for verily the love of Allaah for His slaves is His being pleased with them. And he (sallAllaahu alayhi wa sallam) also guided him towards being abstemious of that which the people possess, if he wishes to obtain the love of the people. And wealth is from love of the Dunyaa, and verily there is nothing that the people possess and they hate one another because of it or compete with one another for it, except the wealth of the dunyaa.

And he (sallAllaahu alayhi wa sallam) said: "Whoever makes the hereafter his pre-occupation, then Allaah gathers together his affairs, and places freedom from want in his heart, and the dunyaa comes to him despite being reluctant to do so. And whoever makes the dunyaa his pre-occupation, then Allaah breaks up his affairs, and places his poverty before his eyes, and nothing of the dunyaa comes to him except that which has been decreed for him. And the happy one is he who chooses that whose blessings will remain forever over the trial whose punishments shall never cease".

Summary

1. That renouncing the world secures the love of Allaah.
2. That renouncing the world means not to take it itself as a goal in life and not to be captivated and misled by it.
3. Renouncing the world means to leave those things which are non-essential even though they are permissible, and to keep to the necessities of life (Sharh an-Nawawi).
4. That renouncing what people have will secure their love for you.
5. That renouncing what people have means not to compete in having what they own, thus saving one from mutual rivalry for gain at the cost of others and their jealousy.

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http://fortyhadith.iiu.edu.my/hadith31.htm

Background

This hadith is a weak hadith as pointed out by many scholars. Ibn Rajab gave a detailed argument about the weakness of this hadith. However, later scholars still recorded their commentaries on the text of the hadith for several reasons. The major two reasons are:

1. Sometimes the chain of the narrators (sanad) is not strong and the hadith consequently is not an authentic hadith. But the meaning of the text of the hadith is correct and acceptable. In this case the scholars still give their comments on the hadith.
2. The hadith is related to one of the major concepts in Islam which is al-zuhd. Unfortunately, many Muslims misunderstand and misinterpret this concept due to the influence of other cultures. We need to remove this misunderstanding or misinterpretation which is linked to this concept.

Ibn Rajab says that this hadith contains some great advice:

1. Prophet Muhammad, sallallahu 'alayhi wasallam, said the renouncing of this world will lead to the love of Allah. In other words, the one who practices this zuhd will be loved by Allah.

2. To renounce what people possess and that will cause the love of people to the person who practices zuhd. Al-zuhd has been emphasized in the Qur'an and hadiths especially zuhd in this world. In Surah al-Nisa' Ayah 77, Allah says: Brief is the enjoyment of this world whereas the life to come is best for all who are muttaqun or conscious of Allah.

In Surah al-Ra'd Ayah 20, Allah says: The life of this world is nothing but a flitting pleasure.

In Surat al-A'la Ayah 16-17, Allah says: But may you prefer the life of this world although the life to come is better and more enduring.

In Sahih Muslim, on the authority of Jaber Ibn 'Abdullah, radiyallahu 'anhu, that the Prophet, sallallahu 'alayhi wasallam, one day was passing through the market and he passed by a dead goat, which had its ears cut. He held the goat by the ear and asked who would like to have it for one dirham (which was a very low price of currency at that time). The people said they wouldn't take it even if it was free. What could they do with it? He, sallallahu 'alayhi wasallam, asked if they liked it if it was theirs. They said even if it was alive they would still not buy it because of its cut ears. So how could they buy it now especially since it was dead. The Prophet, sallallahu 'alayhi wasallam, said: "This worldly life is so little in the sight of Allah as this dead animal or goat is so little in your sight".

3. There are many other hadiths where the Prophet, sallallahu 'alayhi wasallam, commanded Muslims to avoid asking others for anything, especially money, and to do the best not to indulge in the act of asking others.

Lessons

One of the early scholars, Abu Muslim Al-Hawlani, says zuhd in this world does not mean forbidding what is permissible or wasting wealth. Zuhd with respect to this world is only where a person puts more trust in Allah, more than what was is in his own hands. If he was afflicted with calamity by losing something of this world, he is more hopeful for its reward and what is in store for him in the Hereafter than if it were to have remained with him.

Based on this, Ibn Rajab states that zuhd can be interpreted as three actions of the heart:

1. The Muslim should realize that all provisions come from Allah and not simply the result of his own acts. He should trust Allah and what Allah has more than what he has in his hands.
2. If he loses anything in this world, this should not bother him because he is looking for its reward.
3. The Muslim should not care whether he is going to be blamed or praised by others. He will not look for praise. In his heart, he is not touched by such praise. And if he is blamed, he will not be offended by being blamed. If the accusation is not true, he has nothing to worry about; if it is true then he has to face it and try to be a better Muslim.

We can also try to see and compare what was narrated by Al-Imam Abu Muslim Al-Hawlani and what has been narrated by other scholars. Al-Imam Ahmad bin Hanbal was asked one day if someone owns one thousand dinar, can he still be a zahid? He replied yes, he can still be a zahid if he does not feel rejoice if the money increases and he does not become sad if it decreases. We must not become slaves to money or our worldly possessions. We can be wealthy and zahid if we are still thankful to Allah and use wealth in the right way (provided also that we obtained this wealth in the right way). This meaning has been emphasized by Sufian Ibn 'Uyainah, one of the great scholars, when he was asked who is to be considered as zahid. He said whoever Allah bestowed a bounty on him then he is thankful and then when he is under trial, he is patient.

Sufian Al-Thawri - another scholar - said: Al-zuhd in this world is that you are ready in your heart and think of the Hereafter - you think of death. We should be prepared for the next world. This is a definition of zuhd. Zuhd means a status of the heart where a person fears he will not live a long life. This will motivate every one to be a good Muslim. If we have this feeling that we are going to leave this world at any time, this will lead us to be closer to Allah and fulfill our obligations and also to get away from disobedience.

This is why some scholars point out that there are different types of zuhd:

1. Al-zuhd in disobedience and sin.
2. Not to be misled by our desires.
3. Not to exceed the limits of the permissible or the allowable acts (mubah). For example, we should not exceed the limits of sleeping (i.e. sleeping unnecessarily long hours) or eating (i.e. eating too much) which is permissible.

Ibn Rajab said the one who is hopeless of living a long life, then he is looking forward to meeting Allah and he is eager for the Hereafter - this is the maximum level of zuhd. Ibn Rajab then says that looking at this worldly life as blameworthy is not because of the day or night, which are signs of Allah, and not the place and not what He planted in the land, or the animals He created. All of these are bounties from Allah and beneficial to us. The blameworthy is actually with regards to the actions of the people in this life because most of these actions are not done in accordance to the guidance of revelation in a way that will lead to good consequences. Usually the consequences will be bad ones. People will not be able to do good things.

What should be done then is to be like the righteous and good people who used their lives as a means of getting them to the final destination. They were satisfied and contented by whatever they got. Even permissible acts and desires are treated in the same way. Sleeping and eating are good for us because this will help us to perform our obligations. That is why Ibn Rajab says all the early scholars looked for these permissible actions as means of fulfilling their obligations. He quoted al-Hasan al-Basri who said: Doing whatever is beneficial for you is not considered as the love of this world. So we should not belittle some professions and consider them as part of worldly life.

Some Muslims misunderstand zuhd. This will lead the Muslim community to become backward. Since we are entrusted for the establishment of Islamic civilization, this requires that we have professionals, and different fields of specializations. All these take effort and time. But what we do here is for the betterment of the community where there is a great need for professional people. If we do it with good intentions and for the sake of Allah we will be rewarded - this is the real zuhd.

Zuhd does not mean that we stay in one place and worship Allah. Worshiping Allah is a broad concept. The betterment of the community is considered as a form of worship. So asceticism or zuhd does not clash with any of the worldly affairs that the community needs. The zuhd here becomes that we do it in the right way, with a good intention and for the sake of Allah. This should not keep us from fulfilling the obligations towards Allah.

Ibn Rajab mentions that the worldly life is cursed because it keeps people away from Allah. They will be deprived from fulfilling the obligations. This life is a test for us, as stated in Surah al-Kahf Ayah 7. We either use it in the right way and be rewarded or we use it in the wrong way which will cause us to fail the test - we will go astray and indulge in disobedience.

Conclusion

One thing that brings us closer to Allah and to be loved by Him is al-zuhd. There are other actions that make Allah love us:

1. To love Allah much. If we love Allah, He will love us.
2. The love of meeting Allah (as stated in another hadith).
3. The love of the Prophet, sallallah 'alayhi wasallam, more than we love ourselves and our family and to love his sunnah and to follow his model.
4. Remembrance of Allah, and all forms of dzikr.
5. To practice the preferable good deeds.

If we claim that we love Allah, we should test ourselves by taking the above points as criteria. By loving Allah, we will be successful in this life and the Hereafter.