Shaikh al-Albaani

Translations From His Works

Tag: fiqh

When a Man Comes to the Prayer and Finds that the People are in Rukoo’, is He to Say Two Takbeers or Just One?



Questioner:
When a man comes to the prayer and finds that the people are in rukoo’, is he to say two takbeers [i.e., saying ‘Allaahu Akbar’]—one for entering the prayer and another for going into rukoo’—or just one?

Al-Albaani: Two.

Al-Hudaa wan-Noor, 428.

“Finding Fault With All who Differ with Us in Fiqh Issues Even Though They are with Us on The Path of the Book and The Sunnah.”


 

The Imaam said, “I fear that our brothers will grow up to slander and find fault with everyone who differs with us in fiqh issues even though they are with us on the path of the Book and the Sunnah, and thus fall into going to extremes and falling short.”

Muhaddithul-’Asr, p. 87.

The Descent of Jesus عليه السلام


“It was narrated from Abu Hurairah that the Messenger of Allaah صلى الله عليه وسلم said, “How will you be when the Son of Mary descends among you and you are led by one from among you?” I said to Ibn Abî Dhi’b, ‘Al-Awzaa’i narrated to us from Az-Zuhri, from Naafi, from Abu Hurairah, “And your Imaam is one of you.” Ibn Abi Dhi’b said. “Do you know what, ‘You are led by one from among you,’ means?” I [i.e., al-Walid ibn Muslim, one of the narrators] said, “Tell me.” He said, “He will lead you according to the Book of your Lord, the Mighty and Sublime, and the Sunnah of your Prophet صلى الله عليه وسلم.”” [Muslim]

Shaikh al-Albaani said, “This is forthright concerning the fact that Jesus عليه السلام will rule according to our legislation, and will judge according to the Book and the Sunnah, not with something other than these two [sources, whether that be from] the Injeel or Hanafi Fiqh or things like it!”

Mukhtasar Saheeh Muslim, p. 543.

Ibn Baaz: ‘We spent our time with the speech of the scholars of fiqh, and al-Albaani spent his time with the hadiths of the Prophet صلى الله عليه وسلم’


Shaikh Mashoor Hasan, may Allaah protect him, said, “A student of the Shaikh, the Allaamah, the Faqih of his time, Ibn Baaz, may Allaah have mercy on him, visited me, being very enthusiastic about meeting our Shaikh al-Albaani, may Allaah have mercy on him.  When I asked him why he was so eager, he said, ‘I heard my Shaikh, Shaikh Ibn Baaz, may Allaah have mercy on him, saying:

‘We spent our time with the speech of the scholars of fiqh [the fuqahaa], and al-Albaani spent his time with the hadiths of the Prophet صلى الله عليه وسلم.’’”

From this tape, at 22:40.

Shaikh al-Albaani’s Life | Questions and Answers … 6


 

 

Al-Albaani and his father

Al-Huwaini: Did you secretly confide in your father?

Al-Albaani: No, [I confided] in al-Burhaani. [So] he said, “Write down the things that you have come across.” So I wrote them down and presented them to him, they came to about three or four pages. The time then, as far as I can remember, was the month of Ramadaan, so when I gave him the papers he said to me, “Inshaa Allaah, I’ll give you the answer after Eed.

Then [when the time came] after Eed, he said to me, “All of this that you have written and gathered has no value.” Astonished, I replied, “Why?” He said, “Because these books which you quoted from are books which are not reliable in our view. The books which are reliable with us are Maraaqi al-Falaah and Haashiyah Ibn Aabideen only.”

I had quoted to him from Mubaarik al-Azhaar Sharh Mashaariq al-Anwaar of Ibn Malik and he was a Hanafi, and from Mirqaah al-Mafaatih Sharh Mishkaah al-Masaabih of Mulla Ali al-Qaari, and he [too] was a Hanafi, and other texts along with them, but he cast them aside as you would a date-stone, and said, “These have no value.” Even though I had gathered hadiths for him but he didn’t bother with them and paid them no mind, and said, “Our reference in the religion are only the books of fiqh and not the books of hadith,” and my father’s stance was the same and so that was the nucleus which led [me to write] my book Warning the One who Prostrates from Taking the Graves as Mosques. [This is the book we are going through on the blog]

And I do not want my actions to oppose what I say, so as long as it had become clear to me that prayer in mosques built upon graves was not correct, then for sure I would not go with my father to the Bani Umayyah mosque again, and this, naturally, irritated and angered him, but he kept it to himself.

The Issue of the Second Congregational Prayer in the Mosque

Another issue came up in which I opposed the people and it was concerning performing a second congregational prayer in the mosque. The mosque which my father lived next to was called Jaami at-Tawbah and Shaikh Burhaani was the Imaam there. Since my father lived next to it, whenever Shaikh Sa’eed [i.e., Burhaani] would be absent he would appoint my father to lead [the prayer] on his behalf. There were two prayer niches [mihraabs] and two Imaams [in this mosque], a Hanafi Imaam who was Burhaani, and a Shaafi’ee Imaam who would [often] be absent.

Al-Huwaini: Two congregational prayers at the same time?

Al-Albaani: No. I wanted to say to you that during the [time of the] Ottoman Empire, the Hanafi Imaam would lead the prayer before the Shaafi’ee Imaam whether it was in the biggest mosque, i.e., the Amawi Mosque, or in any other mosque, like the Tawbah mosque and other than it.

Then when Shaikh Taajud-Deen took leadership of the [religious affairs of the] Syrian Republic, and he was the son of Shaikh Badrud-Deen al-Husaini who was well-known for being a scholar of hadith, he–since he followed the Shaafi’ee school of thought–issued an order that the Shaafi’ee Imaam should pray before the Hanafi Imaam. And so this order was executed, as is the natural course of events, by the ruler as they say, he executed it in every mosque, included amongst them was Masjid at-Tawbah, and so the Shaafi’ee Imaam would pray before Burhaani, who was Hanafi.

So when I had gained some understanding and had come to know that the second congregational prayer has no basis in the Sunnah, I began to pray behind the Shaafi’ee Imaam, [who was] the first Imaam, and this opposition caused the most severe tension on the part of my father. Firstly, because it opposed his school of thought [madhhab] and secondly, because it opposed his actions, because he would delay his prayer so that he could pray with the Hanafi Imaam, Burhaani. But he was going his way, and I was going mine.

Then Burhaani travelled for Hajj or Umrah, I don’t recall exactly, and so appointed my father to pray in his place–but I would not pray behind him, because there was no difference in my eyes between Burhaani and my father since both of them would delay [the time of] the first congregational prayer [jamaa’ah]. So I would leave my father to pray the second prayer, and I would pray with the first Imaam.

Al-Albaani’s Father Giving Him the Choice to Stay or Leave

Then later the time came where [there was], as they say, calamity upon calamity.  It so happened that my father had to be away for a day or two and so he requested that I [lead] the prayer on his behalf, i.e., the second congregational prayer, so I refused and said to him, “You know my opinion in the matter, and it is very difficult for me to change my opinion.” A number of issues came up which ignited his fury against me.

So one day while we were having dinner he said to me in a clear Arabic tongue, after he spoke about the situation that he and I were living in as regards my opposition to him, he said, “Either there is agreement or separation.” So I said to him, “Give me three days to think about the situation.” He replied, “You have that.”

So I came with the answer, i.e., that since you have given me the choice, then I choose to live far from you so that I do not trouble or upset you because of my opposition to your school of thought.

And so it was.

I left him and I did not own a single dinar or dirham [i.e., not a penny]. And I remember very well that he gave me twenty-five Syrian liras only when I left his house.

But during all this time I had established a nucleus of Salafi brothers. One of them had a store where he would sell grain, wheat, barley and beans and so on, and it was in the same place where I had rented my shop, so he borrowed me two hundred Syrian liras so that I could rent it.

My father used to have some old [watch repairing] equipment which he would not use and had no need of so he gave it to me. So I started to work independently and from the Favours of Allaah upon me was that I was very precise in my work and honest in it and so the number of customers increased, and, as they say in Syria, “And the Generous One said, ‘Take.’”

Al-Huwaini: So our Shaikh, you were about twenty-three years old when this happened?

Al-Albaani: Yes, I was over twenty, because I have a book with me which I refer to sometimes called, Ar-Rawd an-Nadeer fee Tarteeb wa Takhrij Mu’jam at-Tabaraani as-Saghir, my age when I finished it was about twenty-one or twenty-two.

So what is meant is that I became independent in my work and thinking there, and we would hold lessons in the night with some of the brothers. Later, when the scope of da’wah increased we rented out a place, and would give lessons in hadith there: about the understanding [fiqh] of hadith, hadith terminology, and so on.

Al-Imaam al-Albaani, Hayaatuhu, Da’watuhu, Juhooduhoo fee Khidmatis-Sunnah, of Muhammad Bayyoomi, pp. 16-19.

Shaikh al-Albaani on blind following


The First Question

Is it permissible for the student of knowledge to suffice with the declarations of the scholars of the past as to whether a saying of the Prophet, صلى الله عليه وسلم, is weak or authentic? For example, he reads the checking of Haafidh al-Iraaqi where he says, “This hadith is authentic.” So is it permissible for him to suffice with that and the same with Imaam Ahmad or other than him?


Shaikh al-Albaani: “This matter resembles blind following in Islamic jurisprudence (fiqh). It is sufficient for the student of knowledge to listen to and act upon an opinion of one of the Imaams who are followed, and by that I do not only mean the four [famous ones], since there are more, by the Grace of Allaah, the Mighty and Majestic.

We say: [This is so] since it is not possible for all students of knowledge to be on the same level of ability in discerning the truth in those matters where the people have differed. So it is enough for the student of knowledge to implement the aayah, “So ask those who know the Scripture if you know not.” [Surah an-Nahl (16): 43]

So if there are people of knowledge who are alive then he should ask them and embrace their answer, and if there is not a scholar who is alive for him to question, and he knows that a certain scholar from those who are followed has a certain opinion then he can follow him. And in this he is safe from any reproach or blame even if in reality the opinion that he followed is a mistake because he has implemented what was mentioned in the aayah as being obligatory upon him, “So ask those who know the Scripture if you know not.”

But this is based upon certain premises–there is one condition to this, which is that it is not evident to him that the opinion he is following is a mistake. And knowing whether the opinion he is following is incorrect or not can be done by the student doing some personal research if he has the capability of doing so, or it can become known by the direction of another scholar whom he trusts and in whose knowledge he trusts. What is important is that it is permissible for the student of knowledge to blindly follow a scholar if the mistake [in that opinion] is not clear to him and he himself is not capable of clarifying whether [the chosen opinion] is correct or incorrect …” [1]

[[1] Footnote here by Amr Abdul-Mun’im Salim the one who compiled and explained the book the question is taken from, he said, “In other words, that he should not take this blind following to be religion. Rather whenever the mistake of the scholar or the Imaam becomes clear to him, it is obligatory for him to shun the opinion in which he is mistaken, whether it is with regard to matters of rulings or the creed, or that which is particular to declaring hadiths to be authentic or weak. And Shaikh al-Albaani has another very important religious verdict [fatwaa] concerning this topic in the book, Fataawaa Madinah, no., 32 on pages 42-43 …”] [it has been translated and can be read below after this answer].

Shaikh al-Albaani continues, “Likewise, totally, is the answer regarding the student of knowledge, he finds an Imaam from the Imaams of the Muslims or a preserver of hadith who authenticates hadith and declares others to be weak, then it is sufficient for this student of knowledge to follow this verifier [who declares hadiths to be authentic or weak] as long as two conditions are met, just as we have mentioned regarding the issue of [blind following] in fiqh:

1) The first condition: That he does not know it to be a mistake, since what is intended by this condition–whether it is hadith or fiqh–is that he does not follow his desires and thus say, “So and so gave me this religious verdict and the matter is closed …” [even though while saying this in reality] he feels some uneasiness in his soul, and the Prophet, صلى الله عليه وسلم, said, “Question your heart even if the mufti gives you his fatwa.” [2]

[[2] Footnote of Amr Abdul-Mun’im Salim, “Reported through different paths of narration the most authentic of which is the one reported by Imaam Ahmad (17922) with an authentic chain of narration from the hadith of Waabisah ibn Ma’bad, may Allaah be pleased with him, and the relevant part of that hadith is, “Righteousness is that which gives delight to your heart and sin is that which wavers in your heart, even if the people give you religious verdicts [fatwaas] concerning it.” ]

Shaikh al-Albaani continues, “This is the first condition, i.e., that he does not know that the opinion is a mistake–whether it is regarding the declaration of a hadith to be authentic or weak, or whether it is regarding the permissibility of something or its forbiddance.

2) the second condition: That he himself is not capable of verifying the authenticity or inauthenticity of the particular hadith in question, so this is something permissible–since we cannot burden all of the people [by saying that they must] become capable of reaching the level of ijtihaad or that they become scholars.” [3]

[[3] Footnote here by Amr Abdul-Mun’im Salim who said, “That is because if someone reaches the level of being capable of making ijtihaad and he acquires the tools of this knowledge, then it is not permissible for him to blindly follow anyone rather it is then obligatory upon him to make ijtihaad in the declaring of hadiths to be authentic or weak, but it is permissible for him to look at the rulings of the Imaams and the criticisers of hadith to pick from them that which is in accordance with the truth, so that he does not isolate himself with his opinion from their opinion.”]

 

The Second Question

“What is the proof concerning the forbiddance of blind following?”


Shaikh al-Albaani said, “I do not know of any proof that states that blind following is haraam, rather blind following is a necessity for the one who has no knowledge. And Allaah, the one free from all defects and the Most High, said, “So ask those who know the Scripture if you know not.” Therefore, this aayah placed the Muslims into two categories as regards knowledge:

i) the scholar and it made obligatory upon him to answer the questioner
ii) those who do not know, and it made asking the scholars obligatory upon them.

So if a person from the common folk came to a scholar and asked him about something and the scholar answered him, then this man has implemented the aayah.

And maybe what is intended is something other than what was mentioned in the question [directed to me] and that is the forbiddance of actively splitting into sects and groups; i.e., that a person take his religion from one of schools of thought that are followed and then he totally [refuses] to look at what the other schools of thought might say or at what the sayings of other scholars are–so it is this blind following of schools of thought which is then taken as religion that is not permitted because it opposes the proofs from the Book and the Sunnah.

And the people of knowledge place the people into three categories:

1) the mujtahid
2) the follower on clear proof and insight and
3) the blind follower, and it is this category that most of the people fall into.

As such we cannot say that, “Blind following is haraam,” [that] is only when blind following is taken as religion, as for blind following in general then it is not permissible to declare it to be forbidden.” [1]

[[1] Footnote here by Amr Abdul-Mun’im Salim who said, “And what has been said here is also said concerning taking the opinion of a scholar concerning the declaration of a hadith to be weak or authentic, with the condition that the status/rank of that scholar in relation to that knowledge be borne in mind. So such declarations of whether a hadith is authentic or weak are not taken from a scholar of fiqh who does not know [the science of] hadith criticism. Just as the declaration of whether a hadith is authentic cannot be relied upon when it comes from someone among the scholars of hadith or the hadith preservers who is known as being lenient; just as it is not possible to take the declaration that a hadith is weak from someone is known as being overly-strict. In fact this is a correct rule [established] by those known for their moderation and justice along with their knowledge of the principles of this profession and who are known for their practise of it which established their ability to exercise their judgement in arriving at a religious ruling [ijtihaad] concerning the criticism and chains of narration and their texts.”]

Taken from Al-Fataawaa al-Kuwaitiyyah, compiled by Amr Abdul-Mun’im Saleem, pp. 81-83.

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