Should we Celebrate Eid-e-Milad-un-Nabi (Salallaho Alaihi Wasallam)
bySheikh Jehad M.W. Ismail (Sydney - Australia)
Allah in the Name of, Most Beneficent, Most Merciful
All praise is due to Allah who has guided us to follow the Noble Prophet (sallal laahu alaihi wasallam), the leader of the Messengers; Who has granted us the capacity to remain steadfast on the pillars and essential principles of Deen Al-Islam; Who has made it easy for us to follow the footsteps and way of our pious predecessors, to the extent that our hearts have been illuminated with the knowledge of the Shari'ah and the conclusive argument in favour of the evident truth; and Who has kept our internal souls free from the contamination of falsehood.
We praise and thank Him for having blessed us with the light of certainty, and for having granted us strength and courage to continuously hold fast to His strong rope. These favours are all out of His Bounty and Grace. We testify that there is no deity besides Almighty Allah, Who is alone, and has no partner or associates, and that, without doubt, our Beloved Muhammad (sallal laahu alaihi wasallam) is the Servant and Messenger of Allah, the Leader of those who are first and those who are last. May Allah send His Salaams and Blessings upon him, his Household and Progeny, his Companions and those who follow their path until the Day of Judgement (ridwanullahi ta'ala ajma'in).
Allah Subhanahu wa Ta'ala says in the Holy Qur'an: "O ye who believe! Fear Allah, and (always) say a word directed to the Right".
Allah's Messenger (sallal laahu alaihi wasallam) said: "Whoever believes in Allah and the Hereafter should either say what is good, or otherwise remain silent".
It is every Muslim's duty to show people the truth in anticipation that they would follow it clearly and evidently and certainly not blindly. For truth is as clear as the sun in broad daylight. This brief introduction is due to what we have been hearing recently, as far as the celebration of the birthday of our Beloved Prophet Muhammad (sallal laahu alaihi wasallam) is concerned. Falsehood is regretabally attributed to such a noble event and mischief is stated as to the illegitimacy of celebrating such an esteemed occasion. Thus leaving ordinary people in a state of confusion not knowing whether they should partake in celebrating the event or otherwise. This is so, since the people who raise objection to the Meelad feel that they are at liberty to fabricate events in Islamic history and the traditions of our Holy Prophet Muhammad (sallal laahu alaihi wasallam).
Therefore, we felt that it is incumbent upon us, and upon those who possess knowledge of Shari'ah, to clearly explain to the Muslim masses the truth about Meelad.
PART ONE
IGNORANCE AND LITTLE KNOWLEDGE
The Holy Prophet Muhammad (sallal laahu alaihi wasallam) said: "Whoever brings forth an innovation into our religion which is not part of it, it is rejected".
The Holy Prophet Muhammad (sallal laahu alaihi wasallam) also said: "Beware of inventive matters for every invention is an innovation and every innovation is evil".
Those who quote these two Ahadith claim that the word "Kul" which means "EVERY" or "ALL" which is mentioned in the above two Ahadith is used to include everything, i.e. all kinds of innovations or "Bid'ah" without any exception. They conclude therefore, that all innovations are "evil".
By stating such an ill-fated statement, they have in fact accused the scholars (Ulema) of the Muslim World of committing "evil" innovations, particularly Hadrat Umar (radi Allahu anhu). However, they quickly respond and say: No, we did not mean the Companions (Sahaba Ikraam). In reply to that we say, yes, indeed you did so, because you said "every" or "all" innovations are "evil".
And you have rejected what the Holy Prophet Muhammad (sallal laahu alaihi wasallam) himself approved, i.e."Tarawih Prayers".
We will now quote before you many actions which were not carried out during the life of Prophet Muhammad (sallal laahu alaihi wasallam) but were in fact done following his demise by his Companions (ridwanullahi ta'ala ajma'in).
1. THE ISSUE OF COMPILING THE QUR'AN IN ONE BOOK
Hadrat Zaid bin Thabit (radi Allahu anhu) said: Prophet Muhammad (sallal laahu alaihi wasallam) had passed away and the Qur'an has not been compiled into one book! In fact, it was Hadrat Umar who told Hadrat Abu-Bakr (radi Allahu anhuma) to collect the Qur'an. Hadrat Abu-Bakr (radi Allahu anhu) was hesitant at first and he actually said, "How could we do something which the Prophet (sallal laahu alaihi wasallam) himself never did". Hadrat Umar (radi Allahu anhu) replied, "BUT BY ALLAH IT IS A GOOD THING". Hadrat Zaid then said Hadrat Umar kept coming back and forth until Hadrat Abu-Bakr (radi Allahu anhuma) sent after him and assigned him the task of compiling the Qur'an. (Bukhari Shareef)
2. PROPHET IBRAHIM'S STATION (FOOTPRINT).
Imam Baihaqi (radi Allahu anhu) said that Bibi Ayesha (radi Allahu anha), a wife of the Holy Prophet (sallal laahu alaihi wasallam) said that Prophet Ibrahim's (alaihis-salaam) Station (Footprint) was attached to "KAABA" during the Prophet's and Abu-Bakr's time. It was not until the time of Hazrat Umar (radi Allahu anhuma) who changed its original position. Ibn Hajar (radi Allahu anhu), the great Muhaddith said: None of the companions raised any objection against Hazrat Umar (radi Allahu anhu) for doing so and he was the first person to cover Prophet Ibrahim's (alaihis-salaam) Station (Footprint) in the state it is now.
3. THE INTRODUCTION OF THE SECOND AZAAN DURING FRIDAY PRAYER
Imam Baihaqi narrated that Sayyiduna Al-Saa'eb bin Zaid (radi Allahu anhuma) said: The first call (Azaan) for Friday Prayer commenced when the Imam sat on the Pulpit (Mimbar). This was the practice during the Prophet's, Hazrat Abu-Bakr's and Hazrat Umar's time. But when Hazrat Uthman came, he introduced the second Azaan (radi Allahu anhuma).
4. SENDING PRAISE AND SALAAMS UPON THE PROPHET (SALLAL LAAHU ALAIHI WASALLAM)
This was first introduced by Hazrat Ali (radi Allahu anhu) and he used to teach it to people of his time. Ibn Jabir mentioned that in his book called "Tah'theeb Al-Aa'thar" so did Imam Tabari, Ibi Assem and Yaqoub bin Shaibah (radi Allahu anhuma).
5. THE ADDITION MADE BY IBN MASOUD TO TASHA'HUD
Imam Tabari said that Ibn Masoud (radi Allahu anhuma) used to read after saying "As Salaam Alaikum Warahmatullahi Wabarakaatuhu", "As Salaam Alaina Min Rabenna" (Peace be upon us from our Lord).
6. THE INTRODUCTION OF READING "BISMILLAH AL-RAHMAN AL-RAHIM" BEFORE COMMENCING TASHA'HUD.
Bukhari and Muslim both narrated that Ibn Umar (radi Allahu anhuma) use to read "Bimillah Al-Rahman Al-Rahim" before Tasha'hud.
All the above Companions have in fact introduced innovations which they have deemed beneficial and which were not practised during the life of the Prophet (sallal laahu alaihi wasallam). Hence, that these innovations where brought about in acts of worship! What then would you say about these renowned Companions?Are they going to be classified among those who practise "evil" innovations!
As for their (Bin Baaz, etc.) other statement which is even worse that the first one, where it is alleged by them that in the religion of Islam there is no such thing as "good innovation" or "Bid'ah". Let us quote the opinion of the most renowned scholars of Islam regarding this issue.
Imam Al-Hafiz Al-Nawawi (radi Allahu anhu) said in Vol.6, p.21 in his "Commentary on Sahih Al-Bukhari": What the Prophet (sallal laahu alaihi wasallam) meant when he said "very" or "all" innovations, is that it is general but restricted, i.e. that most innovations are "evil" but not "all". In "Tahdhib Al-Asma wal Lugat" Bid'ah is explained as follows:"Bid'ah in Shari'ah is the invention of that which was not there in the period of the Messenger of Allah, and it is divided into two categories Hasanah (or good) and Qabihah (or evil)".
Ibn Hajar Al-Asqalani (radi Allahu anhu) who explained Sahih Al-Bukhari said: "Every action which was not in practice at the Prophet's time is called or known as Innovation, however, there are those which are classified as 'Good' and there are those which are contrary to that".
Imam Abu-Na'im said that he heard Imam Ibrahim Al-Junaid say that he heard Imam Shafi'i (radi Allahu anhuma) say: "The new things that are brought about are two kinds. One kind is that which brought about, inconsistent with something in the Qur'an or the Sunnah or with some Athaar or I'jma. This the category of Bid'ah Dalalah (heretic innovation). The second kind is that which is brought about from good things which are consistent with any of the above".
Imam of Imams Izzuddin Ibn Abd al-Salaam (radi Allahu anhu) writes in his book "Al-Qawa'aid": "Bid'ah is divided into Wajib, Haram, Mandub, Makruh and Mabah. And the way to know which category it belongs to, is to examine it together with the laws of Shari'ah. If it falls in with the laws that deal with what is Wajib, then it is Wajib. If with those laws that deal with Haram, then it is Haram. If with the laws dealing with what is Mandub, then it is Mandub. If with the laws dealing with what is Makruh, then it isMakruh. If with the laws dealing with what is Mubah, then it is Mubah".
Following the examination of the statements of these highly renowned scholars of Islam, we ask: How is it then that what is alleged that the word "Kul" or "every" includes all kinds of innovations or "Bid'ah" regardless? And where in the religion of Islam is it stated that there is no "good Bid'ah" or "good innovation". Hence, the Messenger of Allah (sallal laahu alaihi wasallam) has said: "Whoever introduces a good innovation into the religion of Islam, will be granted due reward for it and the reward of those who acts upon it without any reduction in their deeds".
From this hadith we find that every Muslim is entitled to introduce a "good Bid'ah or innovation" as long as it conforms with the test mentioned earlier, even though the Messenger of Allah (sallal laahu alaihi wasallam) did not do it, preach it or practice, in order that he/she could increase the deeds of goodness and rewards.
PART TWO
THE BEGINNING OF THE CELEBRATION OF MEELAD SHAREEF
As we all know as matter of fact, that when ever people want to promote and advance their ways, they pave the way to spread their falsehood among the Muslims masses and those who have very limited knowledge by misquoting what the Imams of Islam have stated or written. It is alleged by those people who disagreewith Meelad that Imam Ibn Kathir (radi Allahu anhu) stated in his book "Al-Bi'dayah Wa Ni'hayah" in Vol.11, p. 172 the following: "It was the Fatimy Government which ruled Egypt from 357-567 who was responsible for the celebration of Meelad".
We say in reply to the above that after having consulted the above reference we found that it was a sheer lie, for we read that page and we found that the above is but allegations, deceit and dishonesty when quoting the renowned scholars of Islam. However, if they insist on the above, we demand that they produce it before us if there is any truth in what they allege!
Allow me now to quote before you what Imam Ibn Kathir (radi Allahu anhu) has actually said in the same book "Al-Bi'dayah" Vol.13, p. 136: "Sultan Muzaffar used to arrange the celebration of the Meelad Shareef with honour, glory, dignity and grandeur. In this connection he used to organise a magnificent festival". Then he said in praise of that man: "He was a pure-hearted, brave and wise Aalim (Scholar) and a just ruler, may Allah shower His Mercy upon him and grant him an exalted status."
Shaikh Abu-Khattab Ibn Dihyah (radi Allahu anhu) also wrote a book for him on the Meelad Shareef entitled "Enlightenment on the Birthday of the Bearer of Good News, the Warner". For this book Sultan Muzaffar awarded him a gift of one thousand Dinars. He then said: "Every year his expenditure on the Meelad Shareef amounted to three hundred thousand Dinars".
Examine carefully, dear brother/sister, such praise which has been conferred by Ibn Kathir upon that man, where he described him as "a wise Aalim, brave and pure-hearted" and then concluded by saying "may Allah shower his Mercy upon him and grant him an exalted status". He did not say he was a corrupt or evil, he did not say he was committing "Bid'ah" or deeds which leads a person to be doomed, as it is alleged by those who reject the celebration of Meelad Shareef.
I refer you to that very reference which has been quoted to read further for yourselves what Imam Ibn Kathir (radi Allahu anhu) has added in praise of this Sultan.
I would strongly recommend as well that you consult what Imam Zahabi (radi Allahu anhu) in his book "Biography of the Elites", Vol. 22, p. 336 has said in description of this Sultan: "Sultan Al-Muzaffar was humble, generous, follower of the Prophet's way and he liked the scholars and narrators of Hadith".
POINT TWO
VIEWPOINT OF THE IMAMS OF THE MUSLIM UMMAH ON THE CELEBRATION OF MEELAD SHAREEF
Imam Al-Hafiz Al-Suyuti (radi Allahu anhu) in his famous book "Al-Hawii Lil-Fatawii" allocated a special chapter on that topic and named it"The Excellence of Objective in Celebrating the Mawlid" where he said: The question under consideration is what the verdict of the Shari'ah on celebrating the Holy Birthday of the Noble Prophet during the month of Rabbi-ul-Awwal. From the point of view of Shari'ah is this a praiseworthy action or a blameworthy one? And do those who arrange such celebration receive blessings or not?He said: "The reply to this question is that in my view the Meelad Shareef (Celebration of the Birthday of the Noble Prophet - sallal laahu alaihi wasallam - is in fact such an occasion of happiness on which people assemble and recite the Holy Qu'ran to the extent that is easy. Then they relate the prophecies concerning the appearance of the Noble Prophet (sallal laahu alaihi wasallam) that have been transmitted in Ahadith and Athar, and the miraculous events and signs that took place on his birth. Then food is set before them and according to their desire they partake thereof to satisfaction. This festival of celebrating the birthday of the Noble Prophet is a Bid'ah Hasanah (good innovation) and those arranging it will get blessing, since in such a celebration is found the expression of joy and happiness at the greatness and eminence of the Noble Prophet (sallal laahu alaihi wasallam) and his birth".
Even Ibn Tay'miah said in his book "Necessity of the Right Path", p. 266, 5th line from the bottom of that page, published by Dar Al-Hadith, the following: "As far as what people do during the Meelad, either as a rival celebration to that which the Christian do during the time of Christ's birthday or as an expression of their love and admiration and a sign of praise for the Noble Prophet, Allah will surely reward them for such Ij'tiha". He then said: "Although Meelad was not practised by (Salaf), they should have done so since there was no objection against it from the Shari'ah point of view".And we certainly only celebrate Meelad out of love and admiration to the Prophet of all Mankind.
Al-Hafiz Ibn Hajar (radi Allahu anhu) was asked, same reference of Imam Suyuti (radi Allahu anhu), about Meelad Shareef. His reply was: "Meelad Shareef is, in fact, and innovation, which was not transmitted from any pious predecessor in the first three centuries. Nevertheless, both acts of virtue as well as acts of abomination are found in it (i.e. sometimes acts of virtue are found therein and sometimes acts of abomination). If in the Meelad Shareef only acts of virtue are done and acts of abomination are abstained from, then the Meelad Shareef is a Bid'ah Hasanah (good innovation), otherwise not." He then added "... to do any virtuous act and to observe it annually as means of recollection for any special day on which Allah Ta'ala has bestowed any favour or removed any calamity is a form of showing gratitude to Allah. Gratitude to Allah Ta'ala is expressed through different kinds of Ibaadah (worship) -prostration and standing in prayer, charity and recitation of the Holy Qu'ran. And what is a greater favour from Allah can there be than the appearance of the Prophet of Mercy (sallal laahu alaihi wasallam) on this day (i.e. 12th of Rabbi-ul-Awwal)?" Some people do not limit it and celebrate the Meelad Shareef on any day of Rabbi-ul-Awwal. Nay, some people have extended it even more and increased the period to the whole year. According to the latter, the Meelad Shareef can be celebrated on any day of the year. The objective here is the same, i.e. to rejoice at and celebrate the Holy Birth of the Noble Prophet (sallal laahu alaihi wasallam).
Imam Abu-Bakr Abdullah Al-Demashqi (radi Allahu anhu) compiled a number of books on the subject and called them "Collection of Traditions on the Birth of the Chosen Prophet", "The Pure Expression on the Birthday of the Best of Creations" and "The Spring for the Thirsty One on the Birth of the Rightly Guided".
Imam Al-Hafiz Al-Iraqi (radi Allahu anhu) wrote a book and called it "The Pure Spring on the Sublime Birth".
Imam Ibn Dahyah (radi Allahu anhu) wrote a book and called it "Enlightenment on the Birthday of the Bearer of Good News, The Warner".
Imam Mulla Ali Qari (radi Allahu anhu) wrote a book and called it "The Quenching Spring on the Birthday of the Prophet".
Imam Shams Ul-Din bin Naser Al-Dumashqi (radi Allahu anhu), said in his book "The Spring for the Thirsty One on the Birth of the Rightly Guided" about the story of Abu Lahab that he will receive a light punishment every Monday for expressing joy at the birth of the Noble Prophet (sallal laahu alaihi wasallam) on that day. The Imam said the following verse of poetry, the translation of the above is: If such Kafir was denounced in the (Qur'an) And perished are his hands, and in the Flames is his eternal abode It is narrated that every Monday His torment is made easy for his Joy at the Birth of Ahmad What is the expectation then of a servant who spent all his life Happy with the Arrival of Ahmad and died on the Oneness of Allah.
Imam Shams Ul-Din Ibn al-Jazri (radi Allahu anhu), the Imam of Reciters, wrote a book and named it "The Scent of Notification on the Blessed Birthday".
Imam Al-Hafiz Ibn Al-Jawzi (radi Allahu anhu), said in the description of Meelad: "Peace and Tranquillity takes over during that year and a good glad tiding to obtain your wish and inspiration".
Imam Abu-Shamah, The Sheik of Al Hafiz Al Nawawi (radi Allahu anhuma), said: "The best of the innovations of our times is what is carried out on the day of corresponding to the birthday of our Beloved Prophet (sallal laahu alaihi wasallam), where people give out donations, practice what is right, express their joy and happiness, in doing so is surely a sign of love and admiration for the Prophet (sallal laahu alaihi wasallam)".
Imam Al-Hafiz Al-Qastalani (radi Allahu anhu), who gave commentary on Sahih Bukhari, said: "May Allah shower his Mercy upon a person who takes the days of the month of Rabbi-ul-Awwal, in which the Noble Prophet (radi Allahu anhu) was born, as days of feast and celebration for doing so is the best cure for the heart of an ailing person."
Following all of the above, there is yet another false accusation, i.e. THOSE WHO OPPOSE MEELAD SHAREEF CLAIM THAT IF MEELAD WAS PART OF "DEEN", THEN SURELY THE PROPHET (SALLAL LAAHU ALAIHI WASALLAM) WOULD HAVE DONE IT HIMSELF AND HE WOULD HAVE MADE IT CLEAR FOR THE PEOPLE TO CELEBRATE IT?
THE REPLY IS:
Not everything which the Prophet or his Companions did not do would ultimately make things "Haraam". Since the Prophet (sallal laahu alaihi wasallam) himself said: "He who introduces a new good Sunnah in Islam will be rewarded for it ..."
Imam Shafi'i (radi Allahu anhu) said: "Anything which enjoys the backing of Shari'ah cannot be an innovation even if the Companions did not practice it, because their abstention from doing something may have been due to a particular reason which was there at that time, or they have left it to something which happens to be better, or perhaps news about a particular them did not reach them all".
Therefore, whosoever alleges that this thing is Haraam on the basis that the Noble Prophet (sallal laahu alaihi wasallam) did not practice it, then surely he has alleged something which has no foundation or backing in Shari'ah and thus his allegation is refuted and rejected.
FINALLY
It should be noted that, according to your allegations you have stated, i.e. That every person who innovates or brings about into action that which the Prophet or the Companion did not do, means that this person has in fact introduced something bad into the religion, will be interpreted that the Prophet (sallal laahu alaihi wasallam) did not fulfil "the Deen" for his "Umah" and the Prophet (sallal laahu alaihi wasallam) did not convey what was ought to be conveyed to the Muslims! and whoever believes in that is a "Kaafir".
We say, "We condemn you from your own words", because you have brought and practised so many innovation which the Prophet (sallal laahu alaihi wasallam) or the Companions never practised nor preached, not even "Salaf" ever do them.
To name just a few and not all:
To gather collectively the Muslims to pray behind one Imam during "Tarawih Prayers", at the two Sacred Mosques and other Mosques.
Reading the "Du's" at the conclusion of finishing the recitation of the Holy Qur'an during "Tarawih Prayers" and "Tahajjud Prayers".
Allocating the 27th night of Ramadaan to recite the whole Quran at the two Sacred Mosques.
The Caller for Azaan saying when announcing to the people the commencement of the Tarawih Prayers the following, "Raise up for Tarawih Prayers, May Allah reward you".
Claiming that "Tarawih Prayers or Divinity" is divided into three Parts.
Is this a Prophetic saying, or the saying of one of the Companions or of the Four Imams? And many other things such as the formation of the committees for "Enjoying what is Good and Forbidding what is Evil", establishment of universities, Association for memorisation of the Holy Quran, Offices of Dawah and "Special Week of Masha'yekh". Hence, we do not raise objections to these things since they are in place for serving Islam. Let us add that these things are all "Bid'ah" but we acknowledge that they are "good Bid'ah".
REFUTATION OF THE FINAL OBJECTION?
It is alleged that since the Birthday of the Prophet (sallal laahu alaihi wasallam) is the same as his demise, therefore, expressing joy on that day is no better than expressing grieve over his demise and if the religion of Islam was to be applied on the basis of one's opinion, then we are bound to show grief during this day and not happiness!
I will leave the rebut of such crooked argument to none other than Imam Suyuti (radi Allahu anhu) himself, where he said in his famous book "Al-Hawaii Lil-Fatawii", p. 193, the following: "The birthday of the Noble Prophet (sallal laahu alaihi wasallam) is the greatest favour of Allah granted to us, and that his demise is the greatest affliction for us. However, Shari'ah has encouraged us to show gratitude for favours and has taught us to observe patient perserverence, silence and calm in the face of afflictions. The Shari'ah has ordered us to offer "Aqiqa" on the birth of a child which is an expression of happiness and gratitude for favours and has taught us to observe patience, silence and calm in the face of afflictions. But the Shari'ah has not ordered us to sacrifice an animal on the death of someone nor to do such action. On the contrary, it has prohibited wailing and lamentation. Thus, the laws of Shari'ah indicate that to exhibit happiness in this Holy month in connection with the birth of the Noble Prophet (sallal laahu alaihi wasallam), is better than showing grief at his demise."
CONCLUSION
The Noble Prophet (sallal laahu alaihi wasalalm) foretold about the coming of such people in the Hadith narrated by "Abu-Yaa'li" on the authority of "Huzaifah" who said:
The Noble Prophet (sallal laahu alaihi wasallam) said: "What I fear most for you, is a man who reads the Qur'an until such time when the blessing of Qur'an is reflected on him and he takes Islam as his Cloak ... he then turns around and strips himself off from Islam and then tosses it away behind his back, then he heads quickly towards his neighbour with his sword unsheathed and he calls him a 'Mushrik'" I said: "O, Prophet of Allah! Who is more worthy of being called a Mushrik the one being attacked or the attacker". He replied, "It is indeed the attacker."
To end this research on a happy note let me draw your attention to the following Hadith: The Noble Prophet (sallal laahu alaihi wasallam) has himself indicated the excellence of this great month and day in reply to a questioner. When the questioner wanted to find out about fasting on Mondays, the Noble Prophet (sallal laahu alaihi wasallam) replied: "That is the day on which I was BORN".
Thursday, March 19, 2009
Celebrating Eid-e-Milad-un-Nabi (Salallaho Alaihi Wasallam)
Celebrating Eid-e-Milad-un-Nabi (Salallaho Alaihi Wasallam)
byImam Jalaluddin al-Suyuti (radi Allahu anhu)
Allah in the Name of, Most Beneficent, Most Merciful
PREFACE
'Abd al-Rahman ibn Abu Bakr ibn Muhammad ibn Sabiq al-Din, Jalaluddin al-Suyuti (radi Allahu anhu) was born in 849 A.H./1445. He was a Shafi'i mujtahid Imam, Mufassir, Sufi, Muhammadith - hadith master (Hafiz), and historian, a prolific writer who authored books in virtually every Islamic science. He was raised as an orphan in Cairo and memorized the Holy Quran at 8. Amongst his teachers were Siraj al-Din Bulqini, Sharaf al-Din al-Munawi, Taqi al-Din al-Shamani. He travelled to gain Sacred Knowledge to Damascus, the Hijaz, Yemen, India, Morocco, and the lands south of Morocco, as well as centres of learning in Egypt such as malalla, Dumyat and fayyum.
In this book, the great scholar he has shed light on the historical and legal status of the Meelad Shareef in his own characteristic scholarly style. Before forming any opinion on the status of this booklet in imparting knowledge and benefit, first of all consider the illustrious personality of the author. The highly acclaimed "Tafsir al-Jalalain" which he co-authored is still a prescribed textbook in religious institutions and Muslims of all shades of opinion study and teach it, and praise Imam al-Suyuti for this work. Apart from this, his book on Usul al-Tafsir called "al-Itqan fi Ulum al-Quran" became an indispensable source of reference for all later works on the subject. "Al-Badr al-Manshur", his Tafsir of the Holy Quran is referred to as an exemplary Tafsir. On the characteristics and miracles of the Noble Prophet (sallal laahu alaihi wasallam), his work entitled "al-Kasa'is al-Kubra" has the distinction of being the foremost on this topic and excerpts from it are to be found in the works on Sirah by eminent Imams and Ulama.
It is thus obvious that when such a great religious luminary takes up his pen to write on the Meelad Shareef, i.e. celebrating the Birthday of the Noble Prophet (sallal laahu alaihi wasallam), the result will be of a unique status and its every word will be a summary of his vast knowledge of Tafsir, Hadith, Fiqh, Usul and history. Thus it would form the conclusive verdict of this subject.
Imam Jalaluddin al-Suyuti (radi Allahu anhu) passed away in Cairo at 60 years of age in 911A.H./1505.
PRAISE BE TO ALLAH AND PEACE ON HIS CHOSEN SERVANTS
The question under consideration is what is the verdict of the Shari'ah on celebrating the Holy Birthday of the Noble Prophet (sallal laahu alaihi wasallam) in the month of Rabi-ul-Awwal. From the point of view of the Shari'ah, is this a praiseworthy action or a blameworthy one? And do those who arrange such a celebration receive blessings or not?
THE OCCASION OF HAPPINESS
The reply to this question is that in my view the Meelad Shareef, Celebration of the Birthday of the Noble Prophet (sallal laahu alaihi wasallam) is in fact such an occasion of happiness on which people assemble and recite the Holy Quran to the extent that is easy. Then they relate the prophecies concerning the appearance of the Noble Prophet (sallal laahu alaihi wasallam) that have been transmitted in Ahadith and Athar, and the miraculous events and signs that took place on his birth. Then food is set before them and according to their desire they partake thereof to satisfaction.This festival of celebrating the birthday of the Noble Prophet (sallal laahu alaihi wasallam), is a Bid'ah Hasanah (a good innovation) and those arranging it will get blessings, since in such a celebration is found the expression of joy and happiness at the greatness and eminence of the Noble Prophet (salall laahu alaihi wasallam) at his birth.
HISTORY OF THE MEELAD SHAREEF
The beginning of the celebration of the Meelad Shareef in its present form lies with the ruler of Irbil, Sultan Muzaffar whose full name is Abu Said Kukabri Ibn Zain al-Din Ali Ibn Baktagin, who is counted among the great Sultans and generous leaders. He was responsible for many other noble works as well. Among the many monuments set up by him was the Jami Muzaffari, which he had constructed near Mount Tasiyun.
Ibn Kathir (radi Allahu anhu) writes about Sultan Muzaffar as follows: "Sultan Muzaffar used to arrange the celebration of the Meelad Shareef with due honour, glory, dignity and grandeur. In this connection, he used to organise a magnificent festival. He was a pure-hearted, brave and wise Alim and a just ruler. May Allah shower His Mercy on him and grant him an exalted status. Sheikh Abu al-Khattab Ibn Dhiyah also wrote a book for him on the Meelad Shareef entitled 'al-Tanwir fi Mawlid al-Bashir al-Nadhir' (Enlightenment on the Birthday of the Bearer of Good News, the Warner). For this book Sultan Muzaffar awarded him a gift of one thousand dinars. Sultan Muzaffar remained the ruler until his death, which occurred in 630 A.H. in the city of 'Akka when he had the Europeans under seige. In short he was a man of piety and noble disposition".
Sibt Ibn al-Jauzi (radi Allahu anhu) wrote in "Mir'at al-Zaman" that one participant in the Meelad Shareef organised by Sultan Muzaffar states that on the royal table-spread were laid out five hundred prepared goats, ten thousand chickens, one hundred thousand earthen tumblers and thirty thousand baskets of sweet fruits. He further writes that eminent pious Ulama and illustrious Sufis used to attend the Meelad Shareef ceremony held by the Sultan, who used to honour them with robes of distinction and royal favour. For the Sufis there used to be a Mahfil-e-Sama from Zuhr until Fajr, in which the Sultan himself used to participate and derive ecstasy there-from together with the Sufis. Every year his expenditure on the Meelad Shareef amounted to three hundred thousand dinars. For those coming from outside (the city) he had a special guest house commissioned, where people from all walks of life used to come from different places and without any discrimination of status. The expenditure of that guest house used to be one hundred thousand dinars annually.
Similarly, he used to spend two hundred thousand dinars annually to ransom Muslim prisoners-of-war from the Europeans. Also for the maintenance of the two Harams and for providing water along the routes in Hijaz (for pilgrims), he used to spend three thousand dinars annually. These are in addition to the Sadaqat and charity that used to be given secretly. His wife, Rabi'ah Khatoon Bint Ayyub, the sister of Sultan Nasir Salahuddin narrates that her husband used to wear a garment (Qamis) of coarse cotton costing no more than five dirhams. She says that she once rebuked him for this, upon which he replied that his wearing a five-dirham garment and spending the rest of the money in charity is far better than wearing a costly garment and giving a poor or indigent person mere good wishes.
THE FIRST BOOK ON THE MEELAD SHAREEF
Ibn Khallikan wrote in the biographical sketch of Hafiz Abu al-Khattab Ibn Dihyah: "He was one of the pious Ulama and famous scholars. He travelled from Morocco to Syria and Iraq. In the year 654 A.H. he passed through the area of Irbil, where he saw that its ruler, the eminent Sultan Muzaffar al-Din Ibn Zainal-Din arranged for celebrating the Birthday of the Prophet. So he wrote the book 'Kitab al-Tanwir fi Mawlid al-Bashir al-Nadhir' for the Sultan and himself read it out to him.I myself heard the book read out in six sittings at the Sultan's place in 625 A.H."
AL-FAKIHANI'S ESSAY REJECTING THE MEELAD SHAREEF
Sheikh Tajuddin Umar Ibn Ali al-Khumi al-Iskandari, well known as al-Fakihani, has claimed that the Meelad Shareef is a reprehensible Bid'ah (innovation). In this regard, he wrote an essay entitled "al-Mawrid fi-l-Kalam ala-l-Mawlid" (The origin in Discussion about the Birthday of the Prophet).
REFUTATION OF THE FOREGOING ESSAY
Now consider may discussion on what al-Fakihani has said in this brief essay.
In connection with this statement that he could not find any basis for the Meelad Shareef in the Quran and the Sunnah, our submission is that the negation of the knowledge of a thing does not necessarily imply the negation of the existence of that thing (i.e. someone not having knowledge of a thing does not necessarily mean that that thing does not in reality exist). The Imam of the Huffaz, Abdul Fadl Ahmad Ibn Hajar (radi Allahu anhu) has extracted a basis for the Meelad Shareef from the Sunnah. One more basis I have extracted, which will be mentioned later.
Al-Fakihani has stated that the Meelad Shareef is an innovation invented by useless and idle people, who are slaves of their stomachs and on whom the lower desires of the Nafs predominate.Further, having explained the different kinds of rules he stated that it is neither Wajib, nor Mandub, since neither did the Shari'ah demand it nor did the Sahabah, the Tabi'un and the Ulama of the early generations celebrate it. In this connection we say, as stated earlier, that it was a just Sultan who was an Alim who started the Meelad Shareef with the objective of obtaining nearness to Allah. There were many Ulama and pious people with him, yet none of them deemed it reprehensible. On the contrary, Ibn Dihyah (such an eminent Alim of that time) liked the celebration of the Meelad Shareef, and wrote a book for the Sultan on this subject (as mentioned earlier). These were all Ulama of the earlier generations who liked the Meelad Shareef, who supported and confirmed it and did not criticise or refute it. (This is itself a self-evident proof that al-Fakihani's allegations are wrong).
Then there remains his statement that the Meelad Shareef is not even Mandub in reality, which the Shari'ah has demanded. In this regard our submission is that the demand of the Shari'ah is known sometimes through a Nass (an explicit textual statement in the Quran or in the Hadith literature) and sometimes through Qiyas (analogical deduction). For the Meelad Shareef, although no Nass is to be found, yet from those two bases in the Sunnah which are mentioned further on, Qiyas can definitely be made (i.e., when Qiyas is applied on those two bases the commendability – being Mandub – of the Meelad Shareef can be realised).
DIFFERENT CATEGORIES OF BID'AH (INNOVATION)
His statement that the Meelad Shareef can also not be Mubah because the Ijma' of the followers of Islam is that anything that is a Bid'ah (innovation) in religion cannot be Mubah, is one that is not accepted. This is because Bid'ah (innovations) are not classified only as Haraam or Makruh, but they can also be Mubah as well as Mandub or Wajib.
Imam al-Nawawi (radi Allahu anhu) says in "Tahdhib al-Asma wal Lugat": "Bid'ah in the Shari'ah is the invention of that which was not there in the period of the Messenger of Allah, and it is divided into two categories, Hasanah (or good) and Qabihah (or evil)."
Shaikh Izzuddin Ibn Abd al-Salaam (radi Allahu anhu) writes in "al-Qawa'id": "Bid'ah is divided into Wajib, Haraam, Mandub, Makruh and Mubah. And the way to know to which category it belongs is to examine it together with the laws of Shari'ah. If it falls with those laws that deal with what is Wajib, then it is Wajib; if with those laws that deal with what is Haraam, then it is Haraam; if with the laws dealing with what is Mandub, then Mandub; if the laws dealing with what is Makruh, then Makruh; if with the laws dealing with what is Mubah, then Mubah".
After this he went on to give examples of the five kinds of Bid'ah and wrote: "As for Bid'ah that is Mandub, its examples are the setting up of inns and educational institutions and very good action which was not there in the first age. Among the latter are Tarawih, discussion on the intricacies of Tasawwuf and debates. And among these is the convening of assemblies for deduction of laws in connection with problems providing that the motive thereof is to seek the pleasure of Allah Ta'ala".
Al-Baihaqi (radi Allahu anhu) in "Manaqib al-Shafi'i" has transmitted with his isnad (chain of narrators) from Imam al-Shafi'i (radi Allahu anhu) himself, that he said: "The new things that are brought about are of two kinds. One kind is that which is brought about, inconsistent with something in the Quran or the Sunnah or with some Athar or some Ijma'. This is the category of Bid'ah Dalalah (heretic innovation). The second kind is that which is brought about from good things which are not inconsistent with any of the above".
Umar (radi Allahu anhu) did say about standing in prayer in the month of Ramadaan, "What a good Bid'ah this is!" meaning that this is a new thing which was not there before and being a new thing it does not contradict anything that went before.
THE BID'AH THAT IS MANDUB
This refutes al-Fakihani's statement that the Meelad Shareef cannot also be Mubah. But on the contrary it is a Bid'ah that is Makruh.This is because the Meelad Shareef is of that category of new matters which involve no inconsistency with anything in the Quran or the Sunnah, or with any Athar or Ijma'. Thus, this is not blameworthy (i.e. from the point of view of the Shari'ah, there is no evil in it), as in the statement of Imam al-Shafi'i (radi Allahu anhu) and it is a good action which, even though (in its present form) was not done in the first age, was brought about afterwards.
The invitation to partake of food and drink in which there is no sin, is an act of goodness for sure. Therefore, in connection with the Meelad Shareef, that assembly in which someone, out of his lawfully earned wealth, invites his family, relatives and friends to partake of food and drink in which there is no action against the Shari'ah – that assembly is a Bid'ah (innovation) that is Mandub (commendable), as is clear from the above quoted statements of Shaikh Izzuddin Ibn Abd al-Salam (radi Allahu anhu).
HARAAM AND MAKRUH THINGS
In connection with the second manner al-Fakihani has described and criticised, his criticism is in itself correct. There is no doubt that the assembly (mahfil) is Haraam where men, women, youths and little boys are freely mixed, and which there is dancing and music, with musical instruments in busy use, or where women assemble separately and sing in raised voices. But this does not mean that to arrange for the Meelad Shareef has been deemed Haraam. On the contrary, in the above instances the reason for their being Haraam is not assembling to celebrate the Meelad Shareef but is due to those things which are Haraam in the Shari'ah and have become mixed with the blessed assembly. (And if these things are not indulged in, then the Meelad Shareef would be as assembly for remembering Muhammad Mustafa - sallal laahu alaihi wasallam - and would thus be full of goodness and blessings).
Furthermore, if these kinds of actions were to take place say, in the assembly for Salatul-Jumu'ah, then it is evident that would be a reprehensible step and an evil matter.However from this the criticism of the original assembly for Salatul-Jumu'ah does not necessarily ensue. It has been seen that some of these kinds of actions also take place on the nights of Ramadaan Shareef, when people assemble for Salatut-Tarawih. Now on the basis of those actions can one conceivably criticise assembling for Salatut-Tarawih? Definitely not! However, we will say that the original assembly for Salatut-Tarawih is Sunnah and an act of virtue and Ibadah, but that those above mentioned actions, which have become mixed with it, are evil and repulsive.
Similarly, we say in connection with the celebration of the Meelad Shareef that the assembly is itself Mandub (commendable) and an act of virtue, but the above mentioned kinds of other actions, which have become mixed with it, are blameworthy and unlawful.
REFUTATION OF THE FINAL OBJECTION
In conclusion, al-Fakihani stated that Rabi-ul-Awwal is the month not only of the birth of the Noble Prophet (sallal laahu alaihi wasallam), but also of his demise. Therefore, instead of grief and sorrow, exhibiting joy and happiness is neither better nor suitable. In reply to this, first of all we submit that the birth of the Noble Prophet (sallal laahu alaihi wasallam) is the greatest favour of Allah granted to us, and that his death is the greatest affliction for us. However, the Shari'ah has encouraged us to show our gratitude for favours has taught us to observe patient, perseverance, silence and calm in the face of afflictions. The Shari'ah has ordered us to offer the Aqiqah on the birth of a child, which is an expression of gratitude and happiness on the birth of that child. But the Shari'ah has not ordered us to sacrifice any animal on the death of someone, nor to do any such action. On the contrary, it has prohibited wailing and lamentation.Thus the laws of the Shari'ah indicate that to exhibit happiness in this holy month in connection with the birth of the Noble Prophet (sallal laahu alaihi wasallam), is better than showing grief at his demise.
Ibn Rajab (radi Allahu anhu) in his "Kitab al-Lata'if" wrote criticising the Rawafid (A Shia sect) that because of the martyrdom of Imam Husain (radi Allahu anhu) they have made Ashura (the 10th of Muharram) a day of mourning, whereas Allah and His Messenger (sallal laahu alaihi wasallam), have prohibited taking the days of affliction on the Prophets and the days of their deaths (alaihimus-salaam) as days of mourning. What then is the justification for taking days of mourning for those who are not prophets?
STAND-POINT OF IBN AL-HAJ
Imam Abu Abdullah Ibn al-Haj (radi Allahu anhu) has discussed the subject of the Meelad Shareef with great maturity and insight in his book "al-Madkhal". To sum up his discussion, he has praised celebrating the Meelad Shareef with joy and happiness and exhibiting gratitude to Allah, therefor. And he has criticised those Haraam and prohibited things which have been included in it. Here, I quote his discussion section–wise.
SOMETHING ABOUT THE MEELAD
"From among those innovations which those people have brought about, thinking that thereby they are engaging in a great act of Ibadah and participating in religious ceremonies (to celebrate the remembrance of some great event) is this that in the month of Rabi-ul-Awwal they celebrate the Meelad, which celebration is constituted of many innovations and unlawful things. Among these are the participants sing songs and Ghazals while at the same time using musical instruments – drums, flutes, fiddles, etc. – and in this connection do many other evil actions which are customarily done mainly at those times which Allah Ta'ala has endowed with excellence and greatness (e.g. Eid and other occasions) and which are innovations wholly and totally, and are prohibited. There is no doubt that this kind of Sama, if it takes place on other nights apart from this, even then it would not be permissible. What then is the justification for holding such a Sama in this holy month, which Allah Almighty the Most Excellent has endowed with excellence and blessings in that His Beloved was born therein – such a Sama in which musical instruments are used? What relation can such a Sama have to this holy and blessed month, in which Allah (Exalted is His Majesty) granted us the great Ihsan of the auspicious birth of the Noble Prophet, the leader of those who are first and those who are last, (sallal laahu alaihi wasallam)?
"Therefore, it is Wajib that special gratitude to Allah Ta'ala should be expressed in this month and as much Ibadah and charity should be done as is possible, since He has bestowed on us this very great favour (that He caused the birth therein) of His beloved (servant) (sallal laahu alaihi wasallam). Even though the Noble Prophet (sallal laahu alaihi wasallam) did not engage in more Ibadah in this month as compared with other months (nor did he command us to do so), yet in reality, this was due to his mercy and kindness to his Ummah, and also to create ease and mildness for them. This is why at times the Noble Prophet would leave off doing an action, lest it should become compulsory on his Ummah.This is the result of his mercy on us".
MERITS OF THE DAY OF THE MEELAD AND OF THE NOBLE PROPHET (SALLAL LAAHU ALAIHI WASALLAM)
"Nevertheless, the Noble Prophet has indicated the excellence of this great month in reply to a questioner. When he questioner wanted to find out about fasting on Mondays, the Noble Prophet (sallal laahu alaihi wasallam) replied: 'That is the day on which I was born'. (al-Hadith)
"Since the excellence of this day (i.e. Monday) implies the excellence of this month (i.e. Rabi-ul-Awwal) in which the Noble Prophet graced this world, then it is our duty to give this month its due respect and sanctity, and we should understand it to be very excellent just as Allah Ta'ala has deemed other blessed months to be very excellent. In this connection the Noble Prophet is reported to have said: 'I am the leader of the children of Adam and there is no pride (in this)'. 'Adam and all other (Prophets alaihimus-salaam) will be under my flag (on the Day of Judgement)'.
"The merits and excellence of times and places are a result of those forms of Ibadah which are carried out therein, and by which Allah Ta'ala has specially favoured them. When it is known that times and places do not in themselves contain any honour and greatness accrues on account of those characteristics and distinctions (with which they have been granted exaltation), then reflect on this greatest favour of Allah Ta'ala, with which He has distinguished and ear-marked this blessed month, Rabi-ul-Awwal Shareef and the day, Monday. Do you not see that fasting on Mondays has great merit because the Noble Prophet (sallal laahu alaihi wasallam) was born on a Monday?
"For this reason it is of the utmost appropriateness (and it behoves us to do so) that when this holy month comes, it should be treated with the exaltation, honour, esteem and respect it deserves. The example of the Noble Prophet (sallal laahu alaihi wasallam) should be followed in that in times endowed with special distinction, he himself used to perform the maximum possible acts of virtue and of charity, and he used to make special arrangements thereof. Have you not seen the following statement of Hazrat Ibn Abbas? 'The Messenger of Allah was the most generous of men and his generosity was the utmost in Ramadan'".
WHY IS RESPECT FOR RABI-UL-AWWAL ESSENTIAL? (AND IN THIS CONNECTION THE REMOVAL OF A MISGIVING)
"For this reason, just as the Noble Prophet honoured those times endowed with distinction, we carry out this very duty in accordance with our capacity, in the month of Rabi-ul-Awwal Shareef. If it be said that what the Noble Prophet (sallal laahu alaihi wasallam) took upon himself in times of special distinction is known, but what he undertook in other months he did not do so in this month (i.e. Rabi-ul-Awwal Shareef) – then the answer is that it is well-known that the Noble Prophet (sallal laahu alaihi wasallam) had this noble trait of wanting ease and relief for his Ummah, especially in those things concerning himself. Do you not see that the Noble Prophet, the leader of the world, (sallal laahu alaihi wasallam) declared Madinah Munawwarah as sacred territory (Haram) just as Hazrat Ibrahim (alaihis-salaam) has declared Makkah Mukarramah to be, yet he did not fix any punishment for hunting, cutting down any tree, etc. in Madinah? – do you not see that he did this out of desiring ease and relief for his Ummah and out of mercy on them?
"As it were, the Noble Prophet (sallal laahu alaihi wasallam)used to consider what things concerned his own self, and even though those things in themselves are of great merit, yet through desiring ease and relief for his Ummah, he used to abstain from them. The honouring of Rabi-ul-Awwal Shareef is of this category, that in it the maximum possible acts of virtue and charity should be done and he who cannot do so (i.e. for any reason is unable to perform these acts), at least he should abstain from all Haraam and Makruh things in this holy month, out of respect for it. Even though the abstention from all Haraam and Makruh things is required in other months as well, yet this month deserves the greatest respect. He should do so just as in Ramadan al-Mubarak and other sacred months, he remains careful to the utmost, abstains from misdeeds in religion and keeps away from other unsuitable things".
CRITICISM BY IBN AL-HAJ
"However, at the present time some people are acting contrary to this. When this blessed month comes they busy themselves with amusement and sport, using musical instruments. However, regretful it is that they make music and merriment and then entertain the assertion that they are showing respect for this blessed month!Leave aside the fact that they begin such Meelad celebrations with the recitation of the Holy Quran. They then, for the sensual delight of the Nafs, take resort to those who are expert at the art of creating restlessness and excitement in the emotions – which in itself contains many causes of corruption and destruction.
"Yet they do not content themselves with that alone – but some of them add an even more dangerous thing in that the singer is young, handsome, mellow-voiced, well-attired and of a very pleasing appearance. He sings Ghazals, at the same time with crescendo and diminuendo in voice and ascent and descent in movements. Thus, he puts the audience, men and women into temptation. The result is that the two sides become prey to temptation and other many evils take the root. In some extreme cases, the husband-wife relationship is destroyed and it even reaches the extent of separation between them at times. Thus, the period of destruction and ruin begins, in which a settled and complete home is destroyed and peace of mind and heart ruined. These evils are the result of that kind of Meelad celebration in which there is also a session of Sama".
"Yes, if the Meelad Shareef is free from those evils (and that kind of Sama) – only food is prepared and in that ones Niyyah (intention) is of celebrating the Meelad and Muslim brethren are invited and in which those matters contrary to the Shari'ah and those blameworthy matters described above are abstained from – then it is an innovation merely on account of one's Niyyah (intention) because this is an accretion in the religion. Also the pious predecessors have not done it, and it is evident that it is better than more appropriate to follow the predecessors from none of whom has this been transmitted, nor has it been said of any of them that they made the Niyyah (intention) of celebrating the Meelad. We are their followers and are obligated to observe the same precepts as they were. (Thus, we should do only that which they did)".
GIST OF CRITICISM
The gist of the above quoted writing of Ibn al-Haj (radi Allahu anhu) is that he has not criticised the Meelad Shareef. On the contrary, he has criticised those things which are Haraam and Makruh in the Shari'ah. From the opening section it is clear that this holy month should be accorded a special status and it should be honoured and respected. The maximum possible acts of virtue should be done therein. One should try to surpass one's limits in doing acts of Ibadah, of charity and other virtuous acts. This is the method of celebrating the Meelad Shareef which he has deemed praiseworthy and commendable, because in that there is nothing but the recitation of the Holy Quran and an invitation to partake of food and drink – and these are the acts of goodness, meriting reward.
As far as his statement goes that this is an innovation – either it is in clear contradiction to what he said earlier (when Ibn al-Haj himself stressed honouring the month of Rabi-ul-Awwal), or it means that it is a good innovation (Bid'ah Hasanah) the elucidation of which was given earlier, or it means that the Meelad Shareef is a virtuous and praiseworthy act, and the innovation is the Niyyah (intention) of the Meelad, as he has suggested in his statement of his, then it will be an innovation merely on his account of his Niyyah (intention).
AN ACADEMIC EXAMINATION OF THIS
There remains the statement of Ibn al-Haj (radi Allahu anhu) that it has not been transmitted that any of the predecessors made the Niyyah (intention) of celebrating the Meelad. From this it is clear that he considered the Niyyah of celebrating the Meelad to be Makruh and that he did not deem the preparation of food and inviting Muslim brethren to partake thereof as Makruh (i.e. he also views the preparation of food and inviting Muslim brethren as not being Makruh). If this is examined closely, then it seems that this statement of his is not consistent with his earlier statements.This is due to the fact that he first taught the showing of gratitude to Allah Ta'ala in Rabi-ul-Awwal Shareef, and the engaging in the maximum acts of Ibadah and of charity and other virtuous acts therein since he caused His Beloved (Servant), (sallal laahu alaihi wasallam) to be born in this holy month. The Niyyah (intention) of celebrating the Meelad Shareef means only this. Then how can something be criticised after doing it has been stressed? Abstract virtue, acts of Ibadah, of charity, etc. and other acts of goodness cannot be conceived of without a Niyyah (intention). And even it could be considered, then it couldn't be deemed Ibadah, nor can it earn any reward. This is because no action without an intention is (worthy of acceptance). And the Niyyah (intention) to celebrate the Meelad Shareef means only to demonstrate gratitude to Allah Ta'ala on the auspicious birth of the Noble Prophet (sallal laahu alaihi wasallam) in Rabi-ul-Awwal.The intention of celebrating the Meelad Shareef means only this, and there is no doubt that this intention is commendable (i.e. it is a virtuous intention). Ponder on this well (and impress it on the mind well).
EXTRA-ORDINARY FORM OF THE MEELAD
After this Ibn al-Haj wrote: "There are some people who do not celebrate the Meelad solely for the purpose of demonstrating honour and respect. On the contrary, someone has some money in the possession of various people which he had given them on different occasions and ceremonies and now he wants to re-possess this money and is shy to ask for it. Therefore, he makes arrangement for the Meelad which becomes the cause for the recovery of his wealth which was in the hands of people.
"In this many types of corruption are found. One is that hypocrisy is found there – in his heart the opposite of what he outwardly shows is present. Outwardly he shows that he is celebrating the Meelad because he wants to gain benefits in the Hereafter, however in his heart that he should recover his money dispersed in the hands of people.
"Some are such that they celebrate the Meelad in order to collect money or so that people may praise them (saying for example, 'Well done, brother!' or 'What good work you have done!') and join them to work (so that it may be evident from this how many people are with them). In these forms as well as the acts of corruption and destruction are not hidden".
REAL REASON FOR ABOMINABLENESS
The criticism by Ibn al-Haj (radi Allahu anhu) is also of that kind which has already been examined above. The blameworthy or evil aspect in it is based on the absence of pure Niyyah (intention), and not that in the Meelad Shareef itself there is to be found any evil or blameworthy aspect.
VIEWPOINTS OF SHAIKH AL-ISLAM IBN HAJAR
Shaikh al-Islam Abdul Fadl Ahmad Ibn Hajar (the Hafiz of the Age) (radi Allahu anhu) was asked about the Meelad Shareef. His reply was that the Meelad Shareef is, in fact, an innovation, which was not transmitted from any pious predecessor in the first three centuries. Nevertheless, both acts of virtue as well as acts of abomination are to be found in it (i.e. sometimes acts of virtue are found therein and sometimes acts of abomination). If in the Meelad Shareef only acts of virtue are done and acts of abomination are abstained from, then the Meelad Shareef is a Bid'ah Hasanah (a good innovation), otherwise not.
BASIS OF THE MEELAD SHAREEF
He has said that he found a strong basis for the Meelad Shareef in "Sahih al-Bukhari" and "Sahih Muslim". It is that when the Noble Prophet (sallal laahu alaihi wasallam) migrated to Madinah, he saw the Jews fasting on Ashura (i.e. the 10th of Muharram). He enquired from them as to reason for this. They told him that Ashura is that day on which Allah Ta'ala has caused Pharaoh to drown, and granted Musa (alaihis-salaam) deliverance from him, and that they (the Jews) therefore fast (on that day) out of gratitude to Allah Ta'ala.
From this the proof is obtained of showing gratitude to Allah, and in that connection to do any virtuous act and to observe it annually as a means of recollection for any special day on which Allah Ta'ala has bestowed any favour or removed any calamity.Gratitude to Allah Ta'ala is expressed through different kinds of Ibadah – prostration and standing in prayer, charity and the recitation of the Holy Quran. And what greater favour of Allah Ta'ala can there be than the appearance of the Prophet of Mercy (sallal laahu alaihi wasallam) on this day (i.e. 12th Rabi-ul-Awwal)? Therefore, this day should be specially observed so that consistency with the event concerning Hazrat Musa (alaihis-salaam) on the day of Ashura, be attained.
Some people do not limit it and celebrate the Meelad Shareef on any day of Rabi-ul-Awwal. Nay, some have extended it even more and increased the period to the whole year. According to the latter, the Meelad Shareef can be celebrated on any day of the year. The objective here is the same (i.e. to rejoice at and celebrate the Holy birth of the Noble Prophet - sallal laahu alaihi wasallam).
This discussion has been in connection with the basis of the Meelad Shareef.
ITS BETTER TO REFRAIN FROM WHAT IS NOT MOST PREFERABLE
As far as those actions are concerned which are done in the Meelad Shareef it needs that one content oneself with only such actions through which gratitude through Allah Ta'ala is demonstrated in a proper manner. For example, the above-mentioned matters – recitation of the Holy Quran, invitation to partake of food, acts of charity, reciting verses in praise of the Leader of the two worlds (sallal laahu alaihi wasallam) and such verses through which hearts are moved towards acts of Ibadah and piety and through which there is motivation for bringing about acts of virtue and for working for the Hereafter.
Concerning those things belonging to the category of Sama and amusement and song ... and which happen to be within the sphere of permissibility and through which joy is expressed on that day – if such things are done there is no evil therein. And those things belonging to the categories of Haraam and Makruh they should be guarded against. Similarly, those things which are inconsistent with what is Awla (most preferable) and which are not appropriatesuch things should be abandoned.
ANOTHER BASIS FOR THE MEELAD SHAREEF
I submit that I have also found another basis for the Meelad Shareef in the Hadith Shareef (literature). It is that al-Baihaqi transmits from Hazrat Anas (radi Allahu anhuma) that the Noble Prophet (sallal laahu alaihi wasallam) performed his own Aqiqa in the period after the proclamation of Prophethood. This was in spite of the fact the his grandfather, Hazrat Abdul Muttalib (radi Allahu anhu), had already performed the Aqiqa on the seventh day after the birth, and Aqiqa is done only once and is not done a second time.
From this it is understood that the Noble Prophet (sallal laahu alaihi wasallam) did this to show his gratitude to Allah Ta'ala for causing him to be born, having made him "the mercy unto all the worlds". The objective was also to create a precedent in the Shari'ah for the Ummah – just as the Noble Prophet himself (sallal laahu alaihi wasallam) used to recite Darud Shareef on his own self in order to create a principal in the Shari'ah for that act of showing honour and esteem to him. Therefore, it is commendable (Mustahab) that we arrange for the Meelad Shareef to show our gratitude (to Allah Ta'ala) for the birth of the Noble Prophet (sallal laahu alaihi wasallam), in which the invitation to food and drink is there and other similar acts of virtue are done and which occasion is celebrated with happiness.
IBN AL-JAZARI'S FAITH–ENKINDLING PROOF
I came across the book of the Imam of Qurra Shams al-Din Ibn al-Jazari (radi Allahu anhu) entitled "Urf al-Ta'arif bil Mawlid al-Sharif" in which he writes that after the death of Abu Lahab someone saw him in a dream and enquired from him as to his condition. He said that punishment is being meted out. However, on the night of Monday, there is some relaxation in his punishment and he manages to suck some water from his finger (so saying, he indicated the finger) because it was through a gesture of that finger that he set his female slave Thuwaibah free when she conveyed to him the good news of the birth of the Noble Prophet (sallal laahu alaihi wasallam) and that she had the privilege of suckling him. Consider! If this Abu Lahab, a Kafir whose censure has come in the Holy Quran also – if he has been rewarded for his expression of the joy at the birth of the Noble Prophet (sallal laahu alaihi wasallam), what will be the condition of that Muslim, the sincere upholder of Tawhid from his Ummah who express joy at the birth of the Noble Prophet (sallal laahu alaihi wasallam) and spends whatsoever is possible for him, out of love for the Noble Prophet (sallal laahu alaihi wasallam)? By my life! His reward will be that Allah the most Noble, out of his comprehensive Grace will place him in the gardens of Bliss.
AL-DIMASHQI'S SOUL-ENRICHING NAATH ON THE MEELAD
Hafiz Shams al-Din Ibn Nasir al-Din al-Dimashqi (radi Allahu anhu) has written in his book "Mawrid al-Sadi fi Mawlid al-Hadi": "It is established in Sahih Ahadith that punishment is lessened for Abu Lahab every Monday because he said Thuwaibah free out of joy and happiness at the birth of the Noble Prophet (sallal laahu alaihi wasallam). After this he wrote the following lines of poetry:
When this is a Kafir and his censure has come (in theQuran)
Perish his hands in the fire of Hell forever
It has been narrated that always on a Monday
(His punishment) is lessened because of his happiness at (the birth of) Ahmad
What is the view then about the servant (of Allah) whospent his whole life
Being happy at (the birth of ) Ahmad and died an upholderof Tawhid?"
PRACTICE OF A SHEIKH OF A TARIQAH
Kamal Adfiri states in "al-Tali al-Sa'id" that his reliable and trustworthy friend Nasir al-Din Mahmud Ibn al-'Imad related that Abu al-Tayyib Muhammad Ibn Ibrahim al-Sibti al-Maliki, a resident of Tus and one of the pious Ulama, used to pass by the Madrassah on the birthday of the Noble Prophet (sallal laahu alaihi wasallam) and say, "O Jurist! Today is the day of Eid. Give the students a holiday and send them home". Thus they used to give them a holiday and send them home.
This is evidence of his confirmation and absence of rejection. This gentlemen was a famous Jurist of the Maliki School of Law, who had a command over many branches of knowledge and was a God-conscious and pious elder. Abu Hayyan and others have transmitted narrations from him. He passed away in the year 695 A.H.
CONCLUSION
Ibn al-Haj has written that if it is questioned as to wisdom in the birth of the Noble Prophet (sallal laahu alaihi wasallam) being in the month of Rabi-ul-Awwal and on Monday not in the month of Ramadaan al-Sharif, which is the month of the sending down of the Quran and in which Lailatul-Qadr is found, nor in any of the sacred months nor on the fifteenth of Shabaan al-Mu'azzam, nor on Friday, nor on the night of Friday – then the reply can be given from four angles:
(1) It has been transmitted in Hadith literature that Allah Ta'ala created the trees on a Monday. In this there is great admonition and that is that on a Monday Allah Ta'ala created food, sustenance, fruits and the things given in charity. Mankind's growth development and livelihood are closely connected with these and men's selves get joy from them.
(2) In the word Rabi' from the point of view of its etymology, a good indication and a virtuous omen is found. Abu al-Rahman al-Saqli states that for every man his name is a part for him (i.e. his name has effects on his body).
(3) The reason of Rabi' (i.e. spring) is the most moderate and beautiful of all the seasons. And the Shari'ah of the Noble Prophet (sallal laahu alaihi wasallam) is the most moderate and the easiest among all the Shara'i.
(4) Allah, the All-Knowing and All-Wise, wanted to bestow eminence on that time in which the Noble Prophet (sallal laahu alaihi wasallam) entered this world. Had he been born in any of the above-mentioned sanctified times, then the illusion may have arisen that the nobility and eminence of the Noble Prophet (sallal laahu alaihi wasallam) are on account of those sanctified times.
byImam Jalaluddin al-Suyuti (radi Allahu anhu)
Allah in the Name of, Most Beneficent, Most Merciful
PREFACE
'Abd al-Rahman ibn Abu Bakr ibn Muhammad ibn Sabiq al-Din, Jalaluddin al-Suyuti (radi Allahu anhu) was born in 849 A.H./1445. He was a Shafi'i mujtahid Imam, Mufassir, Sufi, Muhammadith - hadith master (Hafiz), and historian, a prolific writer who authored books in virtually every Islamic science. He was raised as an orphan in Cairo and memorized the Holy Quran at 8. Amongst his teachers were Siraj al-Din Bulqini, Sharaf al-Din al-Munawi, Taqi al-Din al-Shamani. He travelled to gain Sacred Knowledge to Damascus, the Hijaz, Yemen, India, Morocco, and the lands south of Morocco, as well as centres of learning in Egypt such as malalla, Dumyat and fayyum.
In this book, the great scholar he has shed light on the historical and legal status of the Meelad Shareef in his own characteristic scholarly style. Before forming any opinion on the status of this booklet in imparting knowledge and benefit, first of all consider the illustrious personality of the author. The highly acclaimed "Tafsir al-Jalalain" which he co-authored is still a prescribed textbook in religious institutions and Muslims of all shades of opinion study and teach it, and praise Imam al-Suyuti for this work. Apart from this, his book on Usul al-Tafsir called "al-Itqan fi Ulum al-Quran" became an indispensable source of reference for all later works on the subject. "Al-Badr al-Manshur", his Tafsir of the Holy Quran is referred to as an exemplary Tafsir. On the characteristics and miracles of the Noble Prophet (sallal laahu alaihi wasallam), his work entitled "al-Kasa'is al-Kubra" has the distinction of being the foremost on this topic and excerpts from it are to be found in the works on Sirah by eminent Imams and Ulama.
It is thus obvious that when such a great religious luminary takes up his pen to write on the Meelad Shareef, i.e. celebrating the Birthday of the Noble Prophet (sallal laahu alaihi wasallam), the result will be of a unique status and its every word will be a summary of his vast knowledge of Tafsir, Hadith, Fiqh, Usul and history. Thus it would form the conclusive verdict of this subject.
Imam Jalaluddin al-Suyuti (radi Allahu anhu) passed away in Cairo at 60 years of age in 911A.H./1505.
PRAISE BE TO ALLAH AND PEACE ON HIS CHOSEN SERVANTS
The question under consideration is what is the verdict of the Shari'ah on celebrating the Holy Birthday of the Noble Prophet (sallal laahu alaihi wasallam) in the month of Rabi-ul-Awwal. From the point of view of the Shari'ah, is this a praiseworthy action or a blameworthy one? And do those who arrange such a celebration receive blessings or not?
THE OCCASION OF HAPPINESS
The reply to this question is that in my view the Meelad Shareef, Celebration of the Birthday of the Noble Prophet (sallal laahu alaihi wasallam) is in fact such an occasion of happiness on which people assemble and recite the Holy Quran to the extent that is easy. Then they relate the prophecies concerning the appearance of the Noble Prophet (sallal laahu alaihi wasallam) that have been transmitted in Ahadith and Athar, and the miraculous events and signs that took place on his birth. Then food is set before them and according to their desire they partake thereof to satisfaction.This festival of celebrating the birthday of the Noble Prophet (sallal laahu alaihi wasallam), is a Bid'ah Hasanah (a good innovation) and those arranging it will get blessings, since in such a celebration is found the expression of joy and happiness at the greatness and eminence of the Noble Prophet (salall laahu alaihi wasallam) at his birth.
HISTORY OF THE MEELAD SHAREEF
The beginning of the celebration of the Meelad Shareef in its present form lies with the ruler of Irbil, Sultan Muzaffar whose full name is Abu Said Kukabri Ibn Zain al-Din Ali Ibn Baktagin, who is counted among the great Sultans and generous leaders. He was responsible for many other noble works as well. Among the many monuments set up by him was the Jami Muzaffari, which he had constructed near Mount Tasiyun.
Ibn Kathir (radi Allahu anhu) writes about Sultan Muzaffar as follows: "Sultan Muzaffar used to arrange the celebration of the Meelad Shareef with due honour, glory, dignity and grandeur. In this connection, he used to organise a magnificent festival. He was a pure-hearted, brave and wise Alim and a just ruler. May Allah shower His Mercy on him and grant him an exalted status. Sheikh Abu al-Khattab Ibn Dhiyah also wrote a book for him on the Meelad Shareef entitled 'al-Tanwir fi Mawlid al-Bashir al-Nadhir' (Enlightenment on the Birthday of the Bearer of Good News, the Warner). For this book Sultan Muzaffar awarded him a gift of one thousand dinars. Sultan Muzaffar remained the ruler until his death, which occurred in 630 A.H. in the city of 'Akka when he had the Europeans under seige. In short he was a man of piety and noble disposition".
Sibt Ibn al-Jauzi (radi Allahu anhu) wrote in "Mir'at al-Zaman" that one participant in the Meelad Shareef organised by Sultan Muzaffar states that on the royal table-spread were laid out five hundred prepared goats, ten thousand chickens, one hundred thousand earthen tumblers and thirty thousand baskets of sweet fruits. He further writes that eminent pious Ulama and illustrious Sufis used to attend the Meelad Shareef ceremony held by the Sultan, who used to honour them with robes of distinction and royal favour. For the Sufis there used to be a Mahfil-e-Sama from Zuhr until Fajr, in which the Sultan himself used to participate and derive ecstasy there-from together with the Sufis. Every year his expenditure on the Meelad Shareef amounted to three hundred thousand dinars. For those coming from outside (the city) he had a special guest house commissioned, where people from all walks of life used to come from different places and without any discrimination of status. The expenditure of that guest house used to be one hundred thousand dinars annually.
Similarly, he used to spend two hundred thousand dinars annually to ransom Muslim prisoners-of-war from the Europeans. Also for the maintenance of the two Harams and for providing water along the routes in Hijaz (for pilgrims), he used to spend three thousand dinars annually. These are in addition to the Sadaqat and charity that used to be given secretly. His wife, Rabi'ah Khatoon Bint Ayyub, the sister of Sultan Nasir Salahuddin narrates that her husband used to wear a garment (Qamis) of coarse cotton costing no more than five dirhams. She says that she once rebuked him for this, upon which he replied that his wearing a five-dirham garment and spending the rest of the money in charity is far better than wearing a costly garment and giving a poor or indigent person mere good wishes.
THE FIRST BOOK ON THE MEELAD SHAREEF
Ibn Khallikan wrote in the biographical sketch of Hafiz Abu al-Khattab Ibn Dihyah: "He was one of the pious Ulama and famous scholars. He travelled from Morocco to Syria and Iraq. In the year 654 A.H. he passed through the area of Irbil, where he saw that its ruler, the eminent Sultan Muzaffar al-Din Ibn Zainal-Din arranged for celebrating the Birthday of the Prophet. So he wrote the book 'Kitab al-Tanwir fi Mawlid al-Bashir al-Nadhir' for the Sultan and himself read it out to him.I myself heard the book read out in six sittings at the Sultan's place in 625 A.H."
AL-FAKIHANI'S ESSAY REJECTING THE MEELAD SHAREEF
Sheikh Tajuddin Umar Ibn Ali al-Khumi al-Iskandari, well known as al-Fakihani, has claimed that the Meelad Shareef is a reprehensible Bid'ah (innovation). In this regard, he wrote an essay entitled "al-Mawrid fi-l-Kalam ala-l-Mawlid" (The origin in Discussion about the Birthday of the Prophet).
REFUTATION OF THE FOREGOING ESSAY
Now consider may discussion on what al-Fakihani has said in this brief essay.
In connection with this statement that he could not find any basis for the Meelad Shareef in the Quran and the Sunnah, our submission is that the negation of the knowledge of a thing does not necessarily imply the negation of the existence of that thing (i.e. someone not having knowledge of a thing does not necessarily mean that that thing does not in reality exist). The Imam of the Huffaz, Abdul Fadl Ahmad Ibn Hajar (radi Allahu anhu) has extracted a basis for the Meelad Shareef from the Sunnah. One more basis I have extracted, which will be mentioned later.
Al-Fakihani has stated that the Meelad Shareef is an innovation invented by useless and idle people, who are slaves of their stomachs and on whom the lower desires of the Nafs predominate.Further, having explained the different kinds of rules he stated that it is neither Wajib, nor Mandub, since neither did the Shari'ah demand it nor did the Sahabah, the Tabi'un and the Ulama of the early generations celebrate it. In this connection we say, as stated earlier, that it was a just Sultan who was an Alim who started the Meelad Shareef with the objective of obtaining nearness to Allah. There were many Ulama and pious people with him, yet none of them deemed it reprehensible. On the contrary, Ibn Dihyah (such an eminent Alim of that time) liked the celebration of the Meelad Shareef, and wrote a book for the Sultan on this subject (as mentioned earlier). These were all Ulama of the earlier generations who liked the Meelad Shareef, who supported and confirmed it and did not criticise or refute it. (This is itself a self-evident proof that al-Fakihani's allegations are wrong).
Then there remains his statement that the Meelad Shareef is not even Mandub in reality, which the Shari'ah has demanded. In this regard our submission is that the demand of the Shari'ah is known sometimes through a Nass (an explicit textual statement in the Quran or in the Hadith literature) and sometimes through Qiyas (analogical deduction). For the Meelad Shareef, although no Nass is to be found, yet from those two bases in the Sunnah which are mentioned further on, Qiyas can definitely be made (i.e., when Qiyas is applied on those two bases the commendability – being Mandub – of the Meelad Shareef can be realised).
DIFFERENT CATEGORIES OF BID'AH (INNOVATION)
His statement that the Meelad Shareef can also not be Mubah because the Ijma' of the followers of Islam is that anything that is a Bid'ah (innovation) in religion cannot be Mubah, is one that is not accepted. This is because Bid'ah (innovations) are not classified only as Haraam or Makruh, but they can also be Mubah as well as Mandub or Wajib.
Imam al-Nawawi (radi Allahu anhu) says in "Tahdhib al-Asma wal Lugat": "Bid'ah in the Shari'ah is the invention of that which was not there in the period of the Messenger of Allah, and it is divided into two categories, Hasanah (or good) and Qabihah (or evil)."
Shaikh Izzuddin Ibn Abd al-Salaam (radi Allahu anhu) writes in "al-Qawa'id": "Bid'ah is divided into Wajib, Haraam, Mandub, Makruh and Mubah. And the way to know to which category it belongs is to examine it together with the laws of Shari'ah. If it falls with those laws that deal with what is Wajib, then it is Wajib; if with those laws that deal with what is Haraam, then it is Haraam; if with the laws dealing with what is Mandub, then Mandub; if the laws dealing with what is Makruh, then Makruh; if with the laws dealing with what is Mubah, then Mubah".
After this he went on to give examples of the five kinds of Bid'ah and wrote: "As for Bid'ah that is Mandub, its examples are the setting up of inns and educational institutions and very good action which was not there in the first age. Among the latter are Tarawih, discussion on the intricacies of Tasawwuf and debates. And among these is the convening of assemblies for deduction of laws in connection with problems providing that the motive thereof is to seek the pleasure of Allah Ta'ala".
Al-Baihaqi (radi Allahu anhu) in "Manaqib al-Shafi'i" has transmitted with his isnad (chain of narrators) from Imam al-Shafi'i (radi Allahu anhu) himself, that he said: "The new things that are brought about are of two kinds. One kind is that which is brought about, inconsistent with something in the Quran or the Sunnah or with some Athar or some Ijma'. This is the category of Bid'ah Dalalah (heretic innovation). The second kind is that which is brought about from good things which are not inconsistent with any of the above".
Umar (radi Allahu anhu) did say about standing in prayer in the month of Ramadaan, "What a good Bid'ah this is!" meaning that this is a new thing which was not there before and being a new thing it does not contradict anything that went before.
THE BID'AH THAT IS MANDUB
This refutes al-Fakihani's statement that the Meelad Shareef cannot also be Mubah. But on the contrary it is a Bid'ah that is Makruh.This is because the Meelad Shareef is of that category of new matters which involve no inconsistency with anything in the Quran or the Sunnah, or with any Athar or Ijma'. Thus, this is not blameworthy (i.e. from the point of view of the Shari'ah, there is no evil in it), as in the statement of Imam al-Shafi'i (radi Allahu anhu) and it is a good action which, even though (in its present form) was not done in the first age, was brought about afterwards.
The invitation to partake of food and drink in which there is no sin, is an act of goodness for sure. Therefore, in connection with the Meelad Shareef, that assembly in which someone, out of his lawfully earned wealth, invites his family, relatives and friends to partake of food and drink in which there is no action against the Shari'ah – that assembly is a Bid'ah (innovation) that is Mandub (commendable), as is clear from the above quoted statements of Shaikh Izzuddin Ibn Abd al-Salam (radi Allahu anhu).
HARAAM AND MAKRUH THINGS
In connection with the second manner al-Fakihani has described and criticised, his criticism is in itself correct. There is no doubt that the assembly (mahfil) is Haraam where men, women, youths and little boys are freely mixed, and which there is dancing and music, with musical instruments in busy use, or where women assemble separately and sing in raised voices. But this does not mean that to arrange for the Meelad Shareef has been deemed Haraam. On the contrary, in the above instances the reason for their being Haraam is not assembling to celebrate the Meelad Shareef but is due to those things which are Haraam in the Shari'ah and have become mixed with the blessed assembly. (And if these things are not indulged in, then the Meelad Shareef would be as assembly for remembering Muhammad Mustafa - sallal laahu alaihi wasallam - and would thus be full of goodness and blessings).
Furthermore, if these kinds of actions were to take place say, in the assembly for Salatul-Jumu'ah, then it is evident that would be a reprehensible step and an evil matter.However from this the criticism of the original assembly for Salatul-Jumu'ah does not necessarily ensue. It has been seen that some of these kinds of actions also take place on the nights of Ramadaan Shareef, when people assemble for Salatut-Tarawih. Now on the basis of those actions can one conceivably criticise assembling for Salatut-Tarawih? Definitely not! However, we will say that the original assembly for Salatut-Tarawih is Sunnah and an act of virtue and Ibadah, but that those above mentioned actions, which have become mixed with it, are evil and repulsive.
Similarly, we say in connection with the celebration of the Meelad Shareef that the assembly is itself Mandub (commendable) and an act of virtue, but the above mentioned kinds of other actions, which have become mixed with it, are blameworthy and unlawful.
REFUTATION OF THE FINAL OBJECTION
In conclusion, al-Fakihani stated that Rabi-ul-Awwal is the month not only of the birth of the Noble Prophet (sallal laahu alaihi wasallam), but also of his demise. Therefore, instead of grief and sorrow, exhibiting joy and happiness is neither better nor suitable. In reply to this, first of all we submit that the birth of the Noble Prophet (sallal laahu alaihi wasallam) is the greatest favour of Allah granted to us, and that his death is the greatest affliction for us. However, the Shari'ah has encouraged us to show our gratitude for favours has taught us to observe patient, perseverance, silence and calm in the face of afflictions. The Shari'ah has ordered us to offer the Aqiqah on the birth of a child, which is an expression of gratitude and happiness on the birth of that child. But the Shari'ah has not ordered us to sacrifice any animal on the death of someone, nor to do any such action. On the contrary, it has prohibited wailing and lamentation.Thus the laws of the Shari'ah indicate that to exhibit happiness in this holy month in connection with the birth of the Noble Prophet (sallal laahu alaihi wasallam), is better than showing grief at his demise.
Ibn Rajab (radi Allahu anhu) in his "Kitab al-Lata'if" wrote criticising the Rawafid (A Shia sect) that because of the martyrdom of Imam Husain (radi Allahu anhu) they have made Ashura (the 10th of Muharram) a day of mourning, whereas Allah and His Messenger (sallal laahu alaihi wasallam), have prohibited taking the days of affliction on the Prophets and the days of their deaths (alaihimus-salaam) as days of mourning. What then is the justification for taking days of mourning for those who are not prophets?
STAND-POINT OF IBN AL-HAJ
Imam Abu Abdullah Ibn al-Haj (radi Allahu anhu) has discussed the subject of the Meelad Shareef with great maturity and insight in his book "al-Madkhal". To sum up his discussion, he has praised celebrating the Meelad Shareef with joy and happiness and exhibiting gratitude to Allah, therefor. And he has criticised those Haraam and prohibited things which have been included in it. Here, I quote his discussion section–wise.
SOMETHING ABOUT THE MEELAD
"From among those innovations which those people have brought about, thinking that thereby they are engaging in a great act of Ibadah and participating in religious ceremonies (to celebrate the remembrance of some great event) is this that in the month of Rabi-ul-Awwal they celebrate the Meelad, which celebration is constituted of many innovations and unlawful things. Among these are the participants sing songs and Ghazals while at the same time using musical instruments – drums, flutes, fiddles, etc. – and in this connection do many other evil actions which are customarily done mainly at those times which Allah Ta'ala has endowed with excellence and greatness (e.g. Eid and other occasions) and which are innovations wholly and totally, and are prohibited. There is no doubt that this kind of Sama, if it takes place on other nights apart from this, even then it would not be permissible. What then is the justification for holding such a Sama in this holy month, which Allah Almighty the Most Excellent has endowed with excellence and blessings in that His Beloved was born therein – such a Sama in which musical instruments are used? What relation can such a Sama have to this holy and blessed month, in which Allah (Exalted is His Majesty) granted us the great Ihsan of the auspicious birth of the Noble Prophet, the leader of those who are first and those who are last, (sallal laahu alaihi wasallam)?
"Therefore, it is Wajib that special gratitude to Allah Ta'ala should be expressed in this month and as much Ibadah and charity should be done as is possible, since He has bestowed on us this very great favour (that He caused the birth therein) of His beloved (servant) (sallal laahu alaihi wasallam). Even though the Noble Prophet (sallal laahu alaihi wasallam) did not engage in more Ibadah in this month as compared with other months (nor did he command us to do so), yet in reality, this was due to his mercy and kindness to his Ummah, and also to create ease and mildness for them. This is why at times the Noble Prophet would leave off doing an action, lest it should become compulsory on his Ummah.This is the result of his mercy on us".
MERITS OF THE DAY OF THE MEELAD AND OF THE NOBLE PROPHET (SALLAL LAAHU ALAIHI WASALLAM)
"Nevertheless, the Noble Prophet has indicated the excellence of this great month in reply to a questioner. When he questioner wanted to find out about fasting on Mondays, the Noble Prophet (sallal laahu alaihi wasallam) replied: 'That is the day on which I was born'. (al-Hadith)
"Since the excellence of this day (i.e. Monday) implies the excellence of this month (i.e. Rabi-ul-Awwal) in which the Noble Prophet graced this world, then it is our duty to give this month its due respect and sanctity, and we should understand it to be very excellent just as Allah Ta'ala has deemed other blessed months to be very excellent. In this connection the Noble Prophet is reported to have said: 'I am the leader of the children of Adam and there is no pride (in this)'. 'Adam and all other (Prophets alaihimus-salaam) will be under my flag (on the Day of Judgement)'.
"The merits and excellence of times and places are a result of those forms of Ibadah which are carried out therein, and by which Allah Ta'ala has specially favoured them. When it is known that times and places do not in themselves contain any honour and greatness accrues on account of those characteristics and distinctions (with which they have been granted exaltation), then reflect on this greatest favour of Allah Ta'ala, with which He has distinguished and ear-marked this blessed month, Rabi-ul-Awwal Shareef and the day, Monday. Do you not see that fasting on Mondays has great merit because the Noble Prophet (sallal laahu alaihi wasallam) was born on a Monday?
"For this reason it is of the utmost appropriateness (and it behoves us to do so) that when this holy month comes, it should be treated with the exaltation, honour, esteem and respect it deserves. The example of the Noble Prophet (sallal laahu alaihi wasallam) should be followed in that in times endowed with special distinction, he himself used to perform the maximum possible acts of virtue and of charity, and he used to make special arrangements thereof. Have you not seen the following statement of Hazrat Ibn Abbas? 'The Messenger of Allah was the most generous of men and his generosity was the utmost in Ramadan'".
WHY IS RESPECT FOR RABI-UL-AWWAL ESSENTIAL? (AND IN THIS CONNECTION THE REMOVAL OF A MISGIVING)
"For this reason, just as the Noble Prophet honoured those times endowed with distinction, we carry out this very duty in accordance with our capacity, in the month of Rabi-ul-Awwal Shareef. If it be said that what the Noble Prophet (sallal laahu alaihi wasallam) took upon himself in times of special distinction is known, but what he undertook in other months he did not do so in this month (i.e. Rabi-ul-Awwal Shareef) – then the answer is that it is well-known that the Noble Prophet (sallal laahu alaihi wasallam) had this noble trait of wanting ease and relief for his Ummah, especially in those things concerning himself. Do you not see that the Noble Prophet, the leader of the world, (sallal laahu alaihi wasallam) declared Madinah Munawwarah as sacred territory (Haram) just as Hazrat Ibrahim (alaihis-salaam) has declared Makkah Mukarramah to be, yet he did not fix any punishment for hunting, cutting down any tree, etc. in Madinah? – do you not see that he did this out of desiring ease and relief for his Ummah and out of mercy on them?
"As it were, the Noble Prophet (sallal laahu alaihi wasallam)used to consider what things concerned his own self, and even though those things in themselves are of great merit, yet through desiring ease and relief for his Ummah, he used to abstain from them. The honouring of Rabi-ul-Awwal Shareef is of this category, that in it the maximum possible acts of virtue and charity should be done and he who cannot do so (i.e. for any reason is unable to perform these acts), at least he should abstain from all Haraam and Makruh things in this holy month, out of respect for it. Even though the abstention from all Haraam and Makruh things is required in other months as well, yet this month deserves the greatest respect. He should do so just as in Ramadan al-Mubarak and other sacred months, he remains careful to the utmost, abstains from misdeeds in religion and keeps away from other unsuitable things".
CRITICISM BY IBN AL-HAJ
"However, at the present time some people are acting contrary to this. When this blessed month comes they busy themselves with amusement and sport, using musical instruments. However, regretful it is that they make music and merriment and then entertain the assertion that they are showing respect for this blessed month!Leave aside the fact that they begin such Meelad celebrations with the recitation of the Holy Quran. They then, for the sensual delight of the Nafs, take resort to those who are expert at the art of creating restlessness and excitement in the emotions – which in itself contains many causes of corruption and destruction.
"Yet they do not content themselves with that alone – but some of them add an even more dangerous thing in that the singer is young, handsome, mellow-voiced, well-attired and of a very pleasing appearance. He sings Ghazals, at the same time with crescendo and diminuendo in voice and ascent and descent in movements. Thus, he puts the audience, men and women into temptation. The result is that the two sides become prey to temptation and other many evils take the root. In some extreme cases, the husband-wife relationship is destroyed and it even reaches the extent of separation between them at times. Thus, the period of destruction and ruin begins, in which a settled and complete home is destroyed and peace of mind and heart ruined. These evils are the result of that kind of Meelad celebration in which there is also a session of Sama".
"Yes, if the Meelad Shareef is free from those evils (and that kind of Sama) – only food is prepared and in that ones Niyyah (intention) is of celebrating the Meelad and Muslim brethren are invited and in which those matters contrary to the Shari'ah and those blameworthy matters described above are abstained from – then it is an innovation merely on account of one's Niyyah (intention) because this is an accretion in the religion. Also the pious predecessors have not done it, and it is evident that it is better than more appropriate to follow the predecessors from none of whom has this been transmitted, nor has it been said of any of them that they made the Niyyah (intention) of celebrating the Meelad. We are their followers and are obligated to observe the same precepts as they were. (Thus, we should do only that which they did)".
GIST OF CRITICISM
The gist of the above quoted writing of Ibn al-Haj (radi Allahu anhu) is that he has not criticised the Meelad Shareef. On the contrary, he has criticised those things which are Haraam and Makruh in the Shari'ah. From the opening section it is clear that this holy month should be accorded a special status and it should be honoured and respected. The maximum possible acts of virtue should be done therein. One should try to surpass one's limits in doing acts of Ibadah, of charity and other virtuous acts. This is the method of celebrating the Meelad Shareef which he has deemed praiseworthy and commendable, because in that there is nothing but the recitation of the Holy Quran and an invitation to partake of food and drink – and these are the acts of goodness, meriting reward.
As far as his statement goes that this is an innovation – either it is in clear contradiction to what he said earlier (when Ibn al-Haj himself stressed honouring the month of Rabi-ul-Awwal), or it means that it is a good innovation (Bid'ah Hasanah) the elucidation of which was given earlier, or it means that the Meelad Shareef is a virtuous and praiseworthy act, and the innovation is the Niyyah (intention) of the Meelad, as he has suggested in his statement of his, then it will be an innovation merely on his account of his Niyyah (intention).
AN ACADEMIC EXAMINATION OF THIS
There remains the statement of Ibn al-Haj (radi Allahu anhu) that it has not been transmitted that any of the predecessors made the Niyyah (intention) of celebrating the Meelad. From this it is clear that he considered the Niyyah of celebrating the Meelad to be Makruh and that he did not deem the preparation of food and inviting Muslim brethren to partake thereof as Makruh (i.e. he also views the preparation of food and inviting Muslim brethren as not being Makruh). If this is examined closely, then it seems that this statement of his is not consistent with his earlier statements.This is due to the fact that he first taught the showing of gratitude to Allah Ta'ala in Rabi-ul-Awwal Shareef, and the engaging in the maximum acts of Ibadah and of charity and other virtuous acts therein since he caused His Beloved (Servant), (sallal laahu alaihi wasallam) to be born in this holy month. The Niyyah (intention) of celebrating the Meelad Shareef means only this. Then how can something be criticised after doing it has been stressed? Abstract virtue, acts of Ibadah, of charity, etc. and other acts of goodness cannot be conceived of without a Niyyah (intention). And even it could be considered, then it couldn't be deemed Ibadah, nor can it earn any reward. This is because no action without an intention is (worthy of acceptance). And the Niyyah (intention) to celebrate the Meelad Shareef means only to demonstrate gratitude to Allah Ta'ala on the auspicious birth of the Noble Prophet (sallal laahu alaihi wasallam) in Rabi-ul-Awwal.The intention of celebrating the Meelad Shareef means only this, and there is no doubt that this intention is commendable (i.e. it is a virtuous intention). Ponder on this well (and impress it on the mind well).
EXTRA-ORDINARY FORM OF THE MEELAD
After this Ibn al-Haj wrote: "There are some people who do not celebrate the Meelad solely for the purpose of demonstrating honour and respect. On the contrary, someone has some money in the possession of various people which he had given them on different occasions and ceremonies and now he wants to re-possess this money and is shy to ask for it. Therefore, he makes arrangement for the Meelad which becomes the cause for the recovery of his wealth which was in the hands of people.
"In this many types of corruption are found. One is that hypocrisy is found there – in his heart the opposite of what he outwardly shows is present. Outwardly he shows that he is celebrating the Meelad because he wants to gain benefits in the Hereafter, however in his heart that he should recover his money dispersed in the hands of people.
"Some are such that they celebrate the Meelad in order to collect money or so that people may praise them (saying for example, 'Well done, brother!' or 'What good work you have done!') and join them to work (so that it may be evident from this how many people are with them). In these forms as well as the acts of corruption and destruction are not hidden".
REAL REASON FOR ABOMINABLENESS
The criticism by Ibn al-Haj (radi Allahu anhu) is also of that kind which has already been examined above. The blameworthy or evil aspect in it is based on the absence of pure Niyyah (intention), and not that in the Meelad Shareef itself there is to be found any evil or blameworthy aspect.
VIEWPOINTS OF SHAIKH AL-ISLAM IBN HAJAR
Shaikh al-Islam Abdul Fadl Ahmad Ibn Hajar (the Hafiz of the Age) (radi Allahu anhu) was asked about the Meelad Shareef. His reply was that the Meelad Shareef is, in fact, an innovation, which was not transmitted from any pious predecessor in the first three centuries. Nevertheless, both acts of virtue as well as acts of abomination are to be found in it (i.e. sometimes acts of virtue are found therein and sometimes acts of abomination). If in the Meelad Shareef only acts of virtue are done and acts of abomination are abstained from, then the Meelad Shareef is a Bid'ah Hasanah (a good innovation), otherwise not.
BASIS OF THE MEELAD SHAREEF
He has said that he found a strong basis for the Meelad Shareef in "Sahih al-Bukhari" and "Sahih Muslim". It is that when the Noble Prophet (sallal laahu alaihi wasallam) migrated to Madinah, he saw the Jews fasting on Ashura (i.e. the 10th of Muharram). He enquired from them as to reason for this. They told him that Ashura is that day on which Allah Ta'ala has caused Pharaoh to drown, and granted Musa (alaihis-salaam) deliverance from him, and that they (the Jews) therefore fast (on that day) out of gratitude to Allah Ta'ala.
From this the proof is obtained of showing gratitude to Allah, and in that connection to do any virtuous act and to observe it annually as a means of recollection for any special day on which Allah Ta'ala has bestowed any favour or removed any calamity.Gratitude to Allah Ta'ala is expressed through different kinds of Ibadah – prostration and standing in prayer, charity and the recitation of the Holy Quran. And what greater favour of Allah Ta'ala can there be than the appearance of the Prophet of Mercy (sallal laahu alaihi wasallam) on this day (i.e. 12th Rabi-ul-Awwal)? Therefore, this day should be specially observed so that consistency with the event concerning Hazrat Musa (alaihis-salaam) on the day of Ashura, be attained.
Some people do not limit it and celebrate the Meelad Shareef on any day of Rabi-ul-Awwal. Nay, some have extended it even more and increased the period to the whole year. According to the latter, the Meelad Shareef can be celebrated on any day of the year. The objective here is the same (i.e. to rejoice at and celebrate the Holy birth of the Noble Prophet - sallal laahu alaihi wasallam).
This discussion has been in connection with the basis of the Meelad Shareef.
ITS BETTER TO REFRAIN FROM WHAT IS NOT MOST PREFERABLE
As far as those actions are concerned which are done in the Meelad Shareef it needs that one content oneself with only such actions through which gratitude through Allah Ta'ala is demonstrated in a proper manner. For example, the above-mentioned matters – recitation of the Holy Quran, invitation to partake of food, acts of charity, reciting verses in praise of the Leader of the two worlds (sallal laahu alaihi wasallam) and such verses through which hearts are moved towards acts of Ibadah and piety and through which there is motivation for bringing about acts of virtue and for working for the Hereafter.
Concerning those things belonging to the category of Sama and amusement and song ... and which happen to be within the sphere of permissibility and through which joy is expressed on that day – if such things are done there is no evil therein. And those things belonging to the categories of Haraam and Makruh they should be guarded against. Similarly, those things which are inconsistent with what is Awla (most preferable) and which are not appropriatesuch things should be abandoned.
ANOTHER BASIS FOR THE MEELAD SHAREEF
I submit that I have also found another basis for the Meelad Shareef in the Hadith Shareef (literature). It is that al-Baihaqi transmits from Hazrat Anas (radi Allahu anhuma) that the Noble Prophet (sallal laahu alaihi wasallam) performed his own Aqiqa in the period after the proclamation of Prophethood. This was in spite of the fact the his grandfather, Hazrat Abdul Muttalib (radi Allahu anhu), had already performed the Aqiqa on the seventh day after the birth, and Aqiqa is done only once and is not done a second time.
From this it is understood that the Noble Prophet (sallal laahu alaihi wasallam) did this to show his gratitude to Allah Ta'ala for causing him to be born, having made him "the mercy unto all the worlds". The objective was also to create a precedent in the Shari'ah for the Ummah – just as the Noble Prophet himself (sallal laahu alaihi wasallam) used to recite Darud Shareef on his own self in order to create a principal in the Shari'ah for that act of showing honour and esteem to him. Therefore, it is commendable (Mustahab) that we arrange for the Meelad Shareef to show our gratitude (to Allah Ta'ala) for the birth of the Noble Prophet (sallal laahu alaihi wasallam), in which the invitation to food and drink is there and other similar acts of virtue are done and which occasion is celebrated with happiness.
IBN AL-JAZARI'S FAITH–ENKINDLING PROOF
I came across the book of the Imam of Qurra Shams al-Din Ibn al-Jazari (radi Allahu anhu) entitled "Urf al-Ta'arif bil Mawlid al-Sharif" in which he writes that after the death of Abu Lahab someone saw him in a dream and enquired from him as to his condition. He said that punishment is being meted out. However, on the night of Monday, there is some relaxation in his punishment and he manages to suck some water from his finger (so saying, he indicated the finger) because it was through a gesture of that finger that he set his female slave Thuwaibah free when she conveyed to him the good news of the birth of the Noble Prophet (sallal laahu alaihi wasallam) and that she had the privilege of suckling him. Consider! If this Abu Lahab, a Kafir whose censure has come in the Holy Quran also – if he has been rewarded for his expression of the joy at the birth of the Noble Prophet (sallal laahu alaihi wasallam), what will be the condition of that Muslim, the sincere upholder of Tawhid from his Ummah who express joy at the birth of the Noble Prophet (sallal laahu alaihi wasallam) and spends whatsoever is possible for him, out of love for the Noble Prophet (sallal laahu alaihi wasallam)? By my life! His reward will be that Allah the most Noble, out of his comprehensive Grace will place him in the gardens of Bliss.
AL-DIMASHQI'S SOUL-ENRICHING NAATH ON THE MEELAD
Hafiz Shams al-Din Ibn Nasir al-Din al-Dimashqi (radi Allahu anhu) has written in his book "Mawrid al-Sadi fi Mawlid al-Hadi": "It is established in Sahih Ahadith that punishment is lessened for Abu Lahab every Monday because he said Thuwaibah free out of joy and happiness at the birth of the Noble Prophet (sallal laahu alaihi wasallam). After this he wrote the following lines of poetry:
When this is a Kafir and his censure has come (in theQuran)
Perish his hands in the fire of Hell forever
It has been narrated that always on a Monday
(His punishment) is lessened because of his happiness at (the birth of) Ahmad
What is the view then about the servant (of Allah) whospent his whole life
Being happy at (the birth of ) Ahmad and died an upholderof Tawhid?"
PRACTICE OF A SHEIKH OF A TARIQAH
Kamal Adfiri states in "al-Tali al-Sa'id" that his reliable and trustworthy friend Nasir al-Din Mahmud Ibn al-'Imad related that Abu al-Tayyib Muhammad Ibn Ibrahim al-Sibti al-Maliki, a resident of Tus and one of the pious Ulama, used to pass by the Madrassah on the birthday of the Noble Prophet (sallal laahu alaihi wasallam) and say, "O Jurist! Today is the day of Eid. Give the students a holiday and send them home". Thus they used to give them a holiday and send them home.
This is evidence of his confirmation and absence of rejection. This gentlemen was a famous Jurist of the Maliki School of Law, who had a command over many branches of knowledge and was a God-conscious and pious elder. Abu Hayyan and others have transmitted narrations from him. He passed away in the year 695 A.H.
CONCLUSION
Ibn al-Haj has written that if it is questioned as to wisdom in the birth of the Noble Prophet (sallal laahu alaihi wasallam) being in the month of Rabi-ul-Awwal and on Monday not in the month of Ramadaan al-Sharif, which is the month of the sending down of the Quran and in which Lailatul-Qadr is found, nor in any of the sacred months nor on the fifteenth of Shabaan al-Mu'azzam, nor on Friday, nor on the night of Friday – then the reply can be given from four angles:
(1) It has been transmitted in Hadith literature that Allah Ta'ala created the trees on a Monday. In this there is great admonition and that is that on a Monday Allah Ta'ala created food, sustenance, fruits and the things given in charity. Mankind's growth development and livelihood are closely connected with these and men's selves get joy from them.
(2) In the word Rabi' from the point of view of its etymology, a good indication and a virtuous omen is found. Abu al-Rahman al-Saqli states that for every man his name is a part for him (i.e. his name has effects on his body).
(3) The reason of Rabi' (i.e. spring) is the most moderate and beautiful of all the seasons. And the Shari'ah of the Noble Prophet (sallal laahu alaihi wasallam) is the most moderate and the easiest among all the Shara'i.
(4) Allah, the All-Knowing and All-Wise, wanted to bestow eminence on that time in which the Noble Prophet (sallal laahu alaihi wasallam) entered this world. Had he been born in any of the above-mentioned sanctified times, then the illusion may have arisen that the nobility and eminence of the Noble Prophet (sallal laahu alaihi wasallam) are on account of those sanctified times.
The Questions of Three Divorces
The Questions of Three Divorces
byMoulana Abdun Nabi Hamidi
PREFACE
In this present time, the Muslims are confronted by the Fitna (mischief) of the "Ghair Muqallids" or the proponents of "non-Madhabbism", that is, those who do not believe in the Four Imaams. In order to warn the youth, who generally fall prey to the non-Madhabbites, the Noble Ulema have written thousands of authentic books over the last fourteen centuries in which they have explained the importance of following one of the Four Imaams.
Due to the absence of such learned Ulema and scholars who can derive Islamic solutions by themselves from the Holy Quran and Hadith alone, today, it is Waajib (compulsory) for us to follow one of the four Imaams - Imaam Nu'man bin Thaabit Imaam-e- Azam Abu Hanifa, Imaam Maalik bin Anas, Imaam Muhammad bin Abu Abdullah Idrees Shafa'i and Imaam Ahmad bin Hambal (radi Allahu anhumul ajma'in). These four Imaams are the founders of the four schools of Fiqh (Islamic Jurisprudence), namely Hanafi, Maaliki, Shafi'i and Hambali, respectively.
It is also very important for each one of us to make Taqleed, that is, to follow our respective Imaam and act on his Ijtihad (interpretation of Islamic law) and Fatawa (Islamic Decrees). The great Ulema have stated that those who do not follow any one of the four Imaams is Gumrah (misled) because the knowledge and spirituality of understanding the Holy Quran and Hadith in it's proper context has been bestowed upon them by Almighty Allah. This understanding and knowledge of the Holy Quran is not found in anyone today. Thus, for the Ummah to gain proper guidance and salvation, it is necessary for us to make one of them your Imaam, and to follow them. Almighty Allah says in the Quran-e-Majeed: "O People! Ask the men of knowledge if you know not". (Surah Nahl: 43)
It is also not permissible for a Muslim to follow different Imaams to suite his or her own personal needs. In other words, one cannot follow Imaam-e-Shafi'i (radi Allahu anhu) in one mas'ala (law) and then following Imaam Abu Hanifa (radi Allahu anhu) in another mas'ala. The proper method would be to follow one's own Imaam in all Laws of Shari'ah. It must also be remembered that the differences of opinion of the Imaams should not be confused with the difference of belief between the Ahle Sunnah Wa Jamaah and the other Sects. The difference of opinion of the Imaams, is only in certain Masa'il-e-Far'iya (Laws of Fiqh) and not in Aqa'id-e-Asliya (Laws concerning Belief). None of the Imaams differ when it comes to Aqa'id-e-Asliya.
If a person gives his wife three Talaaqs (divorces), which is a very serious act, the Talaaqs will be effective or valid. The divorced woman will not be legal for him without "Halalah". Halalah is accomplished by the woman marrying another man, divorcing him after consummation of the marriage (having sexual intercourse), and re-marrying her first husband.
Ghair Muqallids, that is, those who do not follow any one of the Four Jurist or Madha'ib, deny this fact. Due to them following their own desires, they regard the three divorces given at once as only one divorce, and that the couple may still live together as husband and wife.
Therefore, in this treatise, Moulana Abdun Nabi Hamidi has presented enough Dalaa'il (Proofs) from the Shari'ah to substantiate our argument that if a person issues three Talaaqs to his wife all at once, then all three will be counted as three. In the second chapter, he has also answered the objections posed by the objectors and readers will be satisfied with the answers provided. Insha-Allah.
We make D'ua that Almighty Allah through the Wasila of Nabi Muhammad (sallal laahu alaihi wasallam) reward Moulana Abdun Nabi Hamidi for his efforts in clarifying the issue by taking the Shari'ah into consideration. May He grant us the Taufeeq to be steadfast on the path of the Ahle Sunnah. Aameen.
Mufti Mohammed Naseem Ashraf Habibi
Habibi Darul Ifta - Durban. South Africa
INTRODUCTION
Allah, in the Name of, Most Beneficent, Most Merciful
In today's society, the disease of divorce has become so common that through a minor argument or baseless suspicion, three divorces are pronounced immediately. Later when the couple realise what they have done they suffer from untold anxieties and extreme embarrassment.
In order to resume their life as husband and wife they seek the assistance of the Ulema and lawyers, uttering all kinds of lies and falsehoods. It is sad that there are some very "enlightened" Ulema and lawyers who falsely claim that three divorces given at once or at the same time constitute a single divorce. There are also some females who maintain that a divorce is not valid when said in anger. They say that anger in itself is Haraam (unlawful). While there are some who will believe that until the women does not accept the divorce, the divorce will not be valid.
With these conflicting thoughts and fancy interpretations concerning us, we think that it is necessary to put forward a short and comprehensive discussion on the question of three divorces. We pray that Muslims in the future will not act in haste and careful consideration and analysis should be taken before embarking upon the act of divorce so that they may be saved from untold miseries.
DIVORCE
I have presented this humble effort based on the extensive research, which is done in "Tafseer Na'eemi" and "Ja?Al-Haq" by Hazrat Mufti Ahmad Yaar Khan Na?eemi (radi Allahu anhu), but firstly, a synopsis on divorce. Trusting in Almighty Allah, I have intended to clarify the question of three divorces by presenting this short treatise. May Almighty Allah and His Beloved Rasool (sallal laahu alaihi wasallam) guide us on the Shari'ah and accept this humble effort.
There are situations as a result of circumstances where divorce is permissible but to resort to divorce without any reason is unlawful in Islam. Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said, "From the things permitted by Almighty Allah, the most disliked is divorce." (Abu Dawud; ibn Majah; Daar Qutni)
Hazrat Sooban (radi Allahu anhu) reports that the Holy Prophet (sallal laahu alaihi wasallam) said, "That woman who asks for divorce from her husband, without any reason, the smell of Paradise is unlawful to her." (Daarmi Shareef, Vol. 2, pg. 85)In other words, apart from seeing Paradise, she will not even smell it!
If a person wants to divorce his wife, it is better that he gives her one divorce while she is in the state of "Tohr" or purification after menses. If he has to give her three Talaaqs, he should give her one Talaaq at a time in each Tohr. However, if he gives the woman Talaaq while she is in the state of menses or if he gives her three Talaaqs all at once, which woud not be according to the Shari'ah, the Talaaqs will still be regarded as valid.
There are three methods of giving three Talaaqs at once. These are:-
FIRST: If the husband divorces his legal wife with whom he has made Nikah, but did not consummate the marriage, that is, he did not have sexual intercourse with her, but he says to her, "Upon you is Talaaq, upon you is Talaaq, upon you is Talaaq", in this case, only ONE Talaaq will be valid. By uttering the first Talaaq, this woman is out of Nikah and there is no 'Iddat upon her. The reason for this is that for the effectiveness of Talaaq there has to be Nikah or 'Iddat and for that reason the last two Talaaqs will be null and void. If he says to his wife, "I gave you three Talaaqs", now all three will be valid because in this case, all three Talaaqs were given while the husband and wife were in Nikah.
SECOND: If the husband divorces his wife with whom he had sexual intercourse by saying to her, "I give you Talaaq, Talaaq, Talaaq", but he only intended emphasis with the last two words, i.e. "Talaaq, Talaaq", in reality, it will be ONE Talaaq. However, in the court of law, his testimony regarding emphasis will not be heard.
THIRD: If husband divorces his wife with whom he had sexual intercourse by saying to her that, "I give you three Talaaqs" or if he says, "Upon you is Talaaq, upon you is Talaaq, upon you is Talaaq", in this condition three Talaaqs will be valid. Imam Abu Hanifah, Imam Shafi'i, Imam Malik, Imam Ahmad (radi Allahu anhum) and the majority of the Ulama have reached consensus on this matter. Some of the Ulama who are not influenced by deep Islamic knowledge differ with this consensus/Mas?ala (decree).
Allamah Sawi (radi Allahu anhu) writes: "The Ulama of the Muslim Ummah have reached consensus that the one who gives three Talaaqs separately or all at once, in both cases, his wife will become Haraam (unlawful) for him". (Tafseer Sawi, under the verse no. 230, Surah Baqarah)
Imam Nowvi (radi Allahu anhu) writes in his "Nowvi Sharah Muslim", Vol. 1, under the chapter of three Talaaqs: "Whosoever says to his wife, 'I give you three Talaaqs', according to the four Imams and the majority of the present and past Ulama, the three Talaaqs will be effective. Some of the Ahlus Zaahir (those who are influenced by external actions) have said that, in this case, only one Talaaq will be affective".
In their obsession to seek ease for their carnal desires, Ghair Muqallids (those who do not conform to the teachings of one the Four Imams) of the present time, regard any false or weak saying as acceptable to them. In following Ibne Taimiya they have adopted the belief that three Talaaqs uttered at once are equal to one Talaaq.
Allamah Sawi (radi Allahu anhu) writes: "Ibne Taimiya Hambali has stated that ?three Talaaqs given at once are equal to one'. The Imams of Hambali Madhab have refuted Ibne Taimiya. The Ulama have said that Ibne Taimiya is misled and is a misleader. Relationship of this issue with Imam Ash Hab Maliki is false". (Tafseer Sawi, under the verse no. 230, Surah Baqarah)
We have learnt from this that the Ghair Muqallids of the present time have chosen the false belief or false concept in the issue of Talaaq as long as it suits their carnal desire.
CHAPTER 1 : PROOFS IN SUPPORT OF THREE TALAAQS BEING VALID
NUMBER 1:
Allah Almighty says in the Holy Quran: "This divorce is for two times only, then is to retain with good or to release with kindness." (Surah Baqarah: 229) "Then if she is divorced for the third time, then that woman will not be lawful for him." (Surah Baqarah: 230)
One comprehends from these verses that the right of the husband in returning to his wife is till two Talaaqs, and not after three Talaaqs. The unconditional use of the word "MARRATAAN" in this verse proves that giving separate Talaaqs is not the condition for the Talaaq to be valid or affective. If person gives separate Talaaqs or all at once, Talaaq will be valid and effective whichever way it may be.
Allama Sawi (radi Allahu anhu) explains these verses in "Tafseer Sawi": "If someone gives three Talaaqs, it will be effective regardless if he gives all at once or separately. The woman will not be lawful for him." Similar explanations of these verses are given in other commentaries of the Holy Quran as well.
NUMBER 2:
Allah Almighty says: "And whosoever crossed the limits of Allah, undoubtedly, he did injustice to his own soul. You know not that perhaps Allah may send any new commandment after it." (Surah Talaaq: 1)
This verse means that whosoever crosses the limits of Almighty Allah, that is, by giving three Talaaqs at once, he does injustice to himself. It is often that a person is regretful and embarrassed after having given Talaaq and wants to return to his wife. It is not stated in this verse that if someone has given three Talaaqs at once it would not be affective. Rather, it is stated that the person is unjust to himself. If the three Talaaqs given were ineffective, then the woman is still considered to be his wife. How can he then become a Zaalim or transgressor? Imam Nowi (radi Allahu anhu) gives a similar explanation in the chapter of Three Talaaqs in "Sharah Muslim".
NUMBER 3:
Sowaid Ibn Ghaflah narrates in "Baihqi" and in "Tibraani" that Imam Hasan Ibn Ali (radi Allahu anhum) gave three Talaaqs at once to his wife Ayesha Khsh'amyah. He was later informed that she cried a lot in his separation. When he heard this, he also cried and said: "I would have returned to her if I had not heard from my father that if a person gives three Talaaqs to his wife separately or all at once, then that woman is not lawful for him without Halalah". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 339)
NUMBER 4:
Habib Ibn Abi Sabit (radi Allahu anhu) narrates: "A man came to Hazrat Ali (radi Allahu anhu) and said, 'I have given thousand Talaaqs to my wife'. Hazrat Ali (radi Allahu anhu) told him, 'Three Talaaqs have made her Haraam upon you. Go and distribute the remaining Talaaqs amongst your other wives'". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 335)
This statement of Hazrat Ali (radi Allahu anhu) means that the three Talaaqs are effective and the rest of the Talaaqs are absurd or nonsense. It is obvious that this man did not give one thousand Talaaqs in one thousand months, otherwise he would have spent 83 years and 4 months to do that! He gave one thousand Talaaqs at once and Hazrat Ali (radi Allahu anhu) issued the verdict that three are valid.
NUMBER 5:
Hazrat Imam Jafar Sadiq (radi Allahu anhu) narrates from Hazrat Ali (radi Allahu anhu) that Hazrat Ali (radi Allahu anhu) said: "Whosoever gives three Talaaqs to his wife at once, his wife will not be lawful for him without Halalah". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 335)
NUMBER 6:
Baihqi narrates from Mohammad Ibn Ayaz Ibn Kabeer (radi Allahu anhum), that a person gave three Talaaqs at once to his wife before he had intercourse with her. He intended to marry her afterwards. He approached Hazrat Abu Hurairah and Hazrat Abdullah Ibn Abbas (radi Allahu anhum) to find a solution. They told him, "We do not see any possibility for re-marriage without Halalah". The man said, "I have given three Talaaqs at once". When Hazrat Abdullah (radi Allahu anhu) heard this, he said: "Whatever was left in your ownership you have given it away collectively". (Sunan Kubra, Vol. 7, pg. 335)
NUMBER 7:
Somebody asked Hazrat Abdullah Ibn Abbas (radi Allahu anhuma): "I have given 100 Talaaqs to my wife". He replied, "Take three and leave ninety-seven". (Three Talaaqs are sufficient to break the marriage. The rest of the 97 Talaaqs are useless.) (Sunan Kubra, Vol. 7, pg. 337)
NUMBER 8:
Sa'eed Ibn Jubair (radi Allahu anhu) reports that a man came to Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) and said, "I have given a thousand Talaaqs to my wife". He replied, "Take three and leave 997". (Sunan Kubra, Vol. 7, pg. 337)
NUMBER 9:
Sa'eed Ibn Jubair (radi Allahu anhu) narrates that Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) told a man who gave three Talaaqs to his wife, "Your wife has become Haraam upon you". (Sunan Kubra, Vol. 7, pg. 370)
NUMBER 10:
Amar Ibn Dinar (radi Allahu anhu) reports that someone asked Hazrat Abdullah Ibn Abbas (radi Allahu anhuma): "What is the ruling of that person who has given his wife Talaaqs equal to (the number of) stars". He replied, "Tell him that for you (him) the head of Zodiac of Gemini is enough". Remember, there are three stars on top of Zodiac of Gemini. (Sunan Kubra, Vol. 7, pg. 327)
NUMBER 11:
Fatma Bint Qais (radi Allahu anha) says, "My husband gave me three Talaaqs at once before he left for Yemen". The Holy Prophet (sallal laahu alaihi wasallam) legalised these as three Talaaqs. (Ibn Majah, Chapter - "Who gave three Talaaqs in one sitting")
NUMBER 12:
Hakim, Ibn Majah and Abu Dawood narrated from Abdullah Ibn Ali Ibn Yazid Ibn Rukanah (radi Allahu anhum) who said: "My grandfather, Rukanah, gave Talaaq BATTAH (emphasized Talaaq) to his wife. Then, he went into the holy court of the beloved Rasool (sallal laahu alaihi wasallam). The Holy Prophet (sallal laahu alaihi wasallam) asked him in that regard. Rukanah replied, 'I made intention of one Talaaq'. The Holy Prophet (sallal laahu alaihi wasallam) asked him, 'Do you swear by the Name of Allah that you made intention of one Talaaq?' Rukanah said, 'I swear by the Name of my Lord that I made intention of one Talaaq only'. The Holy Prophet (sallal laahu alaihi wasallam) then returned his wife to him". (Ibn Majah - Chapter of Talaaq Al Battah; Abu Dawood - Chapter of Al Battah)
If three Talaaqs given at once are equal to one Talaaq, why then did the Holy Prophet (sallal laahu alaihi wasallam) ask Rukanah to swear for his intention? He in fact told his wife "I give you Talaaq, Talaaq, Talaaq" and the last two words of Talaaq that he used was to emphasize the first Talaaq. Therefore, it was regarded as one Talaaq. This narration is highly accurate and reliable. Ibn Majah said, "What a noble narration this Hadith is". Abu Dawood said, "This narration is more accurate than the narration of Ibn Jarih".
NUMBER 13:
In the time of Hazrat Umar (radi Allahu anhu) the law was made that three Talaaqs given at once will be regarded as three. (Muslim, Kitaabut Talaaq, Chapter of Three Talaaqs)
Imam Nowvi (radi Allahu anhu) explains this Hadith by saying that the Sahabah have reached consensus on this issue that three Talaaqs given at once will be regarded as three.
NUMBER 14:
The husband has the right to divorce. What is the reason for him giving three Talaaqs and it is counted as one? The husband owns the Talaaq, and the disposal of an owner should be valid in his ownership.
NUMBER 15:
The Islamic Law cannot be changed because of an unlawful act. To give three Talaaqs at once is, undoubtedly, prohibited. But, when the husband is uttering three Talaaqs from his mouth, why then would it not be affective?
To slaughter an animal with a stolen knife is indeed Haraam, but if someone has slaughtered the animal with it, then the slaughtered animal will be Halaal. It is Haraam to give Talaaq to the wife while she is in the state of menses, but if someone has given it, it will be affective.
NUMBER 16:
The majority of the Ulama, in particular, the Four Jurist Imams (radi Allahu anhum) believed that three Talaaqs given at once are valid and effective.
CHAPTER 2: ANSWERS TO OBJECTIONS
Ghair Muqqalids, in their attempt to support their false claims could only make the following objections. Insha-Allah, these false claims will be erradicated.
FIRST OBJECTION
Allah Almighty says in the Holy Quran: "This divorce is for two times only." (Surah Baqarah: 229) The Quranic word "MARRATAAN" in this verse requires that Talaaqs should be given separately. To give three Talaaqs at once does not fulfill the requirement of this Quranic verse.
OUR ANSWER:
There are a few answers to this objection:
This verse does not mean that three Talaaqs issued at once will be equal to one Talaaq. The true understanding of this verse is that Raji' Talaaqs are counted as two Talaaqs. (Raji' Talaaq is that Talaaq that allows a person to return to his wife after divorcing her). Thereafter, Almighty Allah says in the very next verse, that whosoever gives more than two Talaaqs, his wife will not be lawful for him without Halalah. "Tafseer Ahmadi", "Sawi" and "Jalaalain" can be seen for reference.
For instance, if the word "MARRATAAN" in this verse means that Talaaqs should be given separately, then the one who says to his wife that "I give you Talaaq, I give you Talaaq, I give you Talaaq", there is "wordy" separation in his saying. One who says to his wife that "I give you three Talaaqs", there is "numeral" separation in his saying. We fail to understand from where they have taken the meaning of this verse to be that there must be a period of one menses between the Talaaqs, then only Talaaq will be valid? Almighty Allah says in the Holy Quran: "Then look again and again towards the Heavens." (Surah Mulk: 4) This does not mean that one must look towards the Heavens once in a month. I suppose Ghair Muqqalids might translate this verse to mean that one should look towards the skies once in a month!
According to their explanation of this verse they say that Talaaqs should be given separately. We also say that issuing three Talaaqs at once is severely prohibited, and that it is necessary to give Talaaqs separately. The question that arises is this is that if someone, due to his foolishness, had given three Talaaqs all at once, will the Talaaqs be effective or not? The verse is quite about it.
SECOND OBJECTION
It is reported from Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) that during the time of the Holy Prophet (sallal laahu alaihi wasallam), in the time of Hazrat Abu Bakr Siddique (radi Allahu anhu) and in the early period of Hazrat Umar (radi Allahu anhu), three Talaaqs given at once were regarded as one Talaaq. (Reference: Muslim - Kitabut Talaaq).
Furthermore it is reported in "Muslim", in the same Chapter, that Abu Sahba asked Hazrat Abdullah Ibn Abbas (radi Allahu anhum): "Do you know that in the period of the Holy Prophet (sallal laahu alaihi wasallam) and in the period of Abu Bakr (radi Allahu anhu) three Talaaqs given at once were regarded equal to one?" He replied, "Yes". It becomes obvious from here that three Talaaqs given at once are regarded as one Talaaq.
OUR ANSWER:
There are a few answers to this objection:
This Hadith is "Mansookh" or abrogated. The reason for this is that Hazrat Abdullah Ibn Abbas (radi Allahu anhu) narrated this Hadith and he himself issued the verdict that three Talaaqs given at once are valid and effective. A detailed explanation is written in the first chapter of this book. When a narrator of a Hadith practices against his narration it will mean that as far as the knowledge of the narrator is concerned, the Hadith is Mansookh (abrogated). Hazrat Umar (radi Allahu anhu), in the presence of the Sahaba, made this law that three Talaaqs given at once will be effective. This law was accepted and practised by the Sahaba (radi Allahu anhum). Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) also did not object to it. This informs us quite evidently that this Hadith was abrogated or "Mu'awwal" (reinterpreted) in the knowledge of the Sahaba. Could the Sahaba (radi Allahu anhum) ever reach consensus against the Hadith?
In this Hadith, the case of that woman is discussed with whom her husband did not have intercourse. If the husband told his wife with whom he did not have intercourse yet, that "I give you Talaaq, I give you Talaaq, I give you Talaaq", indeed, in this case, only the first Talaaq will be counted and the remaining two Talaaqs are ineffective. Abu Sahba asked Abdullah Ibn Abbas (radi Allahu anhum): "Don't you know that during the time of the Holy Prophet (sallal laahu alaihi wasallam) and in the time Abu Bakr (radi Allahu anhu) that when people used to give three Talaaqs at once it was regarded as one Talaaq?" He replied, "Yes, when they used to give to Ghair Madkhool Beha (with whom intercourse did not take place)." (Abu Dawood, Kitabut Talaaq, Chapter: Returning to wife after giving her three Talaaqs) It is crystal clear that the narration of "Muslim" also means the same.
In the Prophetic period and in the period of Abu Bakr Siddique (radi Allahu anhu), people used to divorce in the following way by uttering "I give you Talaaq, Talaaq, Talaaq". They used to emphasize the first Talaaq with the last two words of Talaaq.
In the Farooqi period, the peoples condition changed. They began issuing three Talaaqs with the three words of Talaaqs, that is, not emphasizing the last two words. Due to the change of condition, the ruling also changed. (Reference: Nowvi Sharah Muslim, Kitabut Talaaq).
It is mentioned in the Holy Quran that eight categories of the people deserve Zakaah. In the period of Hazrat Umar (radi Allahu anhu), the Sahaba reached consensus that the "Mo Allefatul Quloob" or the "Kuffar attracted towards Islam" be excluded from these eight categories. In the earlier period of Islam, Muslims were few and weak, therefore, the Kuffar were drawn towards Islam by giving them Zakaah. Now, in the period of Hazrat Umar (radi Allahu anhu), the Muslims were neither few in number nor weak, so the giving of Zakaah to the Kuffar was stopped. In this instance, the law changed due to the change of circumstances. For example, Zaid (a person) was poor and could accept Zakaah, but once he became rich, he must pay Zakaah.
Today, people are totally unaware of Takeed (emphasis). They give three Talaaqs with the intention of three Talaaqs. It is strange that circumstances are something else and ruling is something else!
THIRD OBJECTION
Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) narrates that Abd Yazid Abu Rukanah (radi Allahu anhu) gave Talaaq to his wife. The Holy Prophet (sallal laahu alaihi wasallam) told him, "Return to your wife." He replied, "I have given three Talaaqs". The Holy Prophet (sallal laahu alaihi wasallam) said, "I know, but go back to your wife." He then recited the first verse of Surah Talaaq which means: "O Prophet, when you people divorce your women, then divorce them at the time of their prescribed periods." (Sunan Kubra, Vol. 7, pg. 339; Abu Dawood, pg. 299; Durre Mansoor, Vol. 1, pg. 279)
If three Talaaqs given at once were valid, then the Rojoo' (going back to the wife) was impossible, and there was need of Halalah. It becomes known from here that one Talaaq was made valid and two were rejected although Abu Rukanah said "I have given three Talaaqs".
OUR ANSWER:
It is a shame and dishonour on the objector that he has quoted only half of the Hadith. "Baihqi" and "Abu Dawood" have given beautiful answers to this objection, which the objector has not mentioned.
It is narrated in the same place in "Baihqi" and "Abu Dawood" that: "Naafe Ibn Ajeer and Abdullah Bin Ali Bin Yazid Bin Rukana (radi Allahu anhuma) narrated from his grandfather Rukana that Rukana gave Talaaq Battah (emphasized Talaaq) to his wife. Therefore, the Holy Prophet (sallal laahu alaihi wasallam) returned his wife to him. This Hadith (regarding Rukanah) is more accurate than the other Ahadith because the son or the family members are more acquainted with the household (matters) than outsiders".
Here, the grandson says that his grandfather gave Talaaq Battah to his grandmother, while the outsiders say that he gave three Talaaqs. Surely, the narration of a family member is more accurate in family matters than any body else!
We have mentioned in the first chapter that Rukanah told the Holy Prophet (sallal laahu alaihi wasallam) that "I have made intention of one Talaaq". The Holy Prophet (sallal laahu alaihi wasallam) asked him to then take an oath by the Name of Allah, then only did he allow Rukana to go back to his wife. Imam Nowvi (radi Allahu anhu) said that the narration of three Talaaqs regarding Abu Rukanah is weak and narrated by unknown people. Regarding the Talaaq of Abu Rukanah, the narration we have presented is correct, that he gave Talaaq Battah to his wife.
FOURTH OBJECTION
Hazrat Abdullah Ibn Umar (radi Allahu anhuma) gave three Talaaqs to his wife while she was in the state of her menses. The Holy Prophet (sallal laahu alaihi wasallam) regarded this as only one Talaaq and ordered him to go back to his wife. If three Talaaqs given at once were effective, than it was impossible for Hazrat Abdullah (radi Allahu anhu) to return to his wife.
OUR ANSWER:
This argument is incorrect. Hazrat Abdullah Ibn Umar (radi Allahu anhuma) only gave one Talaaq to his wife in her state of menses. The Holy Prophet (sallal laahu alaihi wasallam) ordered him to make Rojoo because the correct way of issuing Talaaq was to give the Talaaq while the woman is in the state of Tohr, and not in the state of Haiz (menses).
It is stated in Muslim Shareef: "Naafe narrates from Abdullah that he gave one Talaaq to his wife while she was in her menses. The Holy Prophet (sallal laahu alaihi wasallam) ordered him to go back to his wife." (Muslim, Vol. 1, Baabu Tahrimit Talaaqil Ha'ize) Imam Nowvi (radi Allahu anhu) states that "the correct narration of Ibn Umar is that which is reported in Muslim, that he gave one Talaaq to his wife." (Nowi Sharah Muslim, Chapter of three Talaaqs)
FIFTH OBJECTION
Imam Razi (radi Allahu anhu) states: "It is Waajib (compulsory) to give Talaaqs separately, and this is the exact explanation of those people who have said that giving three Talaaqs at once is Haraam." (Tafseer Kabeer, under the verse no. 230, Surah Baqarah) It is obvious from here that giving three Talaaqs at once is not Shar'i Talaaq.
OUR ANSWER:
It is necessary to give three Talaaqs separately. Nobody denies this. But, the argument is that if someone, due to his foolishness, gave three Talaaqs at once, will these Talaaqs be valid or not?
It is not stated anywhere in "Tafseer Kabeer" that these Talaaqs would not be valid. What has been said in "Tafseer Kabeer" is that to give three Talaaqs at once is Haraam. Something being illegal is one thing and the application of Shar'i rulings upon it is an another thing. It is Haraam to drink or eat while fasting in the month of Ramadaan, but if anyone eats or drinks, his fast will be null and void.
SIXTH OBJECTION
Imam Razi (radi Allahu anhu) states: "Many of the Ulama of Deen have chosen this way that if someone gives two or three Talaaqs together, then only one will be valid". (Tafseer Kabeer, Vol. 2, pg. 247). It is determined from here that according to Ulama of Islam, three Talaaqs given at once are equal to one Talaaq.
OUR ANSWER:
Here, the objector did not mention who those Ulama are. We will tell you! Those Ulama are Ibne Taimiya and his followers. Ibn Taimiya and his followers are regarded by the Ulama as misled and as misleaders. Reference to this was made in the first chapter of this book.
Furthermore, the objector did not quote the full statement from "Tafseer Kabeer". Hazrat Imam Razi (radi Allahu anhu) continues after that statement which is quoted in the objection that, "the second saying is the saying of Imam Abu Hanifah (radi Allahu anhu), although it is Haraam to give three Talaaqs at once, but it will be valid." Imam Razi (radi Allahu anhu) states a little further: "It is the Mazhab of all Jurist Imams that if the wife is given three Talaaqs together, she will not be Halaal for the husband". (Tafseer Kabeer, Vol. 2, page 265).
SEVENTH OBJECTION
It is common sense that three Talaaqs given at once should be regarded as one Talaaq, because performing anything at once, which was ordered to be done separately, is counted as doing it once only. For example, to take an oath (swearing) four times is compulsory in "Li Aan" (mutual cursing by a couple in a Court of Law in a case of adultery). If someone has taken four oaths with one word, it will be counted as one and he has to swear three more times. The stoning of the Jamaraat seven times separately is Waajib during Hajj. If someone hits the Jamara one time with seven stones it will be regarded as one hitting and he has to hit it six more times. Similarly, if someone took a vow that he will send Salutations upon the Holy Prophet (sallal laahu alaihi wasallam) thousand times and he says that "I send Salutation upon the Prophet thousand times", this will be regarded as only one Salutation. Similarly, if someone gave three Talaaqs at once, it will be regarded as one Talaaq not three Talaaqs.
OUR ANSWER:
In Li Aan and in Rami (hitting the stones), action is required, not its effect. But in Talaaq, effect is required, not just action. Therefore, their analogy is incorrect.
Every Qasam (swearing, oath) in Li Aan is equal to one witness. Four witnesses are required in the case of adultery. In Li Aan four actions of swearing is needed because Li Aan stands for four witnesses. In the hitting of the Jamaraat seven actions are required - hitting seven stones one time is one action. The Holy Prophet (sallal laahu alaihi wasallam) performed seven actions in Rami. In order to follow him, we need to hit seven times. In Durood Shareef, reward is granted according to one's effort. The vow of reading thousand times Durood is in fact the vow of the same amount of effort. It is obvious that saying one time "I send Salutation upon Rasool thousand time" does not have the effort of reading a thousand times. Talaaq is not an act which causes reward, so for it to be valid, different rules are applied.
NOTE: If three Talaaqs given at once are equal to one Talaaq and if the husband and the wife live separately, it is not very harmful. But, if three Talaaqs given at once are valid and if the husband and wife are living together without Halalah, then it means that they will be committing adultery for the rest of their lives. Therefore, safety and care must be implemented in this way - that three Talaaqs be accepted as three Talaaqs and not as one.
byMoulana Abdun Nabi Hamidi
PREFACE
In this present time, the Muslims are confronted by the Fitna (mischief) of the "Ghair Muqallids" or the proponents of "non-Madhabbism", that is, those who do not believe in the Four Imaams. In order to warn the youth, who generally fall prey to the non-Madhabbites, the Noble Ulema have written thousands of authentic books over the last fourteen centuries in which they have explained the importance of following one of the Four Imaams.
Due to the absence of such learned Ulema and scholars who can derive Islamic solutions by themselves from the Holy Quran and Hadith alone, today, it is Waajib (compulsory) for us to follow one of the four Imaams - Imaam Nu'man bin Thaabit Imaam-e- Azam Abu Hanifa, Imaam Maalik bin Anas, Imaam Muhammad bin Abu Abdullah Idrees Shafa'i and Imaam Ahmad bin Hambal (radi Allahu anhumul ajma'in). These four Imaams are the founders of the four schools of Fiqh (Islamic Jurisprudence), namely Hanafi, Maaliki, Shafi'i and Hambali, respectively.
It is also very important for each one of us to make Taqleed, that is, to follow our respective Imaam and act on his Ijtihad (interpretation of Islamic law) and Fatawa (Islamic Decrees). The great Ulema have stated that those who do not follow any one of the four Imaams is Gumrah (misled) because the knowledge and spirituality of understanding the Holy Quran and Hadith in it's proper context has been bestowed upon them by Almighty Allah. This understanding and knowledge of the Holy Quran is not found in anyone today. Thus, for the Ummah to gain proper guidance and salvation, it is necessary for us to make one of them your Imaam, and to follow them. Almighty Allah says in the Quran-e-Majeed: "O People! Ask the men of knowledge if you know not". (Surah Nahl: 43)
It is also not permissible for a Muslim to follow different Imaams to suite his or her own personal needs. In other words, one cannot follow Imaam-e-Shafi'i (radi Allahu anhu) in one mas'ala (law) and then following Imaam Abu Hanifa (radi Allahu anhu) in another mas'ala. The proper method would be to follow one's own Imaam in all Laws of Shari'ah. It must also be remembered that the differences of opinion of the Imaams should not be confused with the difference of belief between the Ahle Sunnah Wa Jamaah and the other Sects. The difference of opinion of the Imaams, is only in certain Masa'il-e-Far'iya (Laws of Fiqh) and not in Aqa'id-e-Asliya (Laws concerning Belief). None of the Imaams differ when it comes to Aqa'id-e-Asliya.
If a person gives his wife three Talaaqs (divorces), which is a very serious act, the Talaaqs will be effective or valid. The divorced woman will not be legal for him without "Halalah". Halalah is accomplished by the woman marrying another man, divorcing him after consummation of the marriage (having sexual intercourse), and re-marrying her first husband.
Ghair Muqallids, that is, those who do not follow any one of the Four Jurist or Madha'ib, deny this fact. Due to them following their own desires, they regard the three divorces given at once as only one divorce, and that the couple may still live together as husband and wife.
Therefore, in this treatise, Moulana Abdun Nabi Hamidi has presented enough Dalaa'il (Proofs) from the Shari'ah to substantiate our argument that if a person issues three Talaaqs to his wife all at once, then all three will be counted as three. In the second chapter, he has also answered the objections posed by the objectors and readers will be satisfied with the answers provided. Insha-Allah.
We make D'ua that Almighty Allah through the Wasila of Nabi Muhammad (sallal laahu alaihi wasallam) reward Moulana Abdun Nabi Hamidi for his efforts in clarifying the issue by taking the Shari'ah into consideration. May He grant us the Taufeeq to be steadfast on the path of the Ahle Sunnah. Aameen.
Mufti Mohammed Naseem Ashraf Habibi
Habibi Darul Ifta - Durban. South Africa
INTRODUCTION
Allah, in the Name of, Most Beneficent, Most Merciful
In today's society, the disease of divorce has become so common that through a minor argument or baseless suspicion, three divorces are pronounced immediately. Later when the couple realise what they have done they suffer from untold anxieties and extreme embarrassment.
In order to resume their life as husband and wife they seek the assistance of the Ulema and lawyers, uttering all kinds of lies and falsehoods. It is sad that there are some very "enlightened" Ulema and lawyers who falsely claim that three divorces given at once or at the same time constitute a single divorce. There are also some females who maintain that a divorce is not valid when said in anger. They say that anger in itself is Haraam (unlawful). While there are some who will believe that until the women does not accept the divorce, the divorce will not be valid.
With these conflicting thoughts and fancy interpretations concerning us, we think that it is necessary to put forward a short and comprehensive discussion on the question of three divorces. We pray that Muslims in the future will not act in haste and careful consideration and analysis should be taken before embarking upon the act of divorce so that they may be saved from untold miseries.
DIVORCE
I have presented this humble effort based on the extensive research, which is done in "Tafseer Na'eemi" and "Ja?Al-Haq" by Hazrat Mufti Ahmad Yaar Khan Na?eemi (radi Allahu anhu), but firstly, a synopsis on divorce. Trusting in Almighty Allah, I have intended to clarify the question of three divorces by presenting this short treatise. May Almighty Allah and His Beloved Rasool (sallal laahu alaihi wasallam) guide us on the Shari'ah and accept this humble effort.
There are situations as a result of circumstances where divorce is permissible but to resort to divorce without any reason is unlawful in Islam. Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said, "From the things permitted by Almighty Allah, the most disliked is divorce." (Abu Dawud; ibn Majah; Daar Qutni)
Hazrat Sooban (radi Allahu anhu) reports that the Holy Prophet (sallal laahu alaihi wasallam) said, "That woman who asks for divorce from her husband, without any reason, the smell of Paradise is unlawful to her." (Daarmi Shareef, Vol. 2, pg. 85)In other words, apart from seeing Paradise, she will not even smell it!
If a person wants to divorce his wife, it is better that he gives her one divorce while she is in the state of "Tohr" or purification after menses. If he has to give her three Talaaqs, he should give her one Talaaq at a time in each Tohr. However, if he gives the woman Talaaq while she is in the state of menses or if he gives her three Talaaqs all at once, which woud not be according to the Shari'ah, the Talaaqs will still be regarded as valid.
There are three methods of giving three Talaaqs at once. These are:-
FIRST: If the husband divorces his legal wife with whom he has made Nikah, but did not consummate the marriage, that is, he did not have sexual intercourse with her, but he says to her, "Upon you is Talaaq, upon you is Talaaq, upon you is Talaaq", in this case, only ONE Talaaq will be valid. By uttering the first Talaaq, this woman is out of Nikah and there is no 'Iddat upon her. The reason for this is that for the effectiveness of Talaaq there has to be Nikah or 'Iddat and for that reason the last two Talaaqs will be null and void. If he says to his wife, "I gave you three Talaaqs", now all three will be valid because in this case, all three Talaaqs were given while the husband and wife were in Nikah.
SECOND: If the husband divorces his wife with whom he had sexual intercourse by saying to her, "I give you Talaaq, Talaaq, Talaaq", but he only intended emphasis with the last two words, i.e. "Talaaq, Talaaq", in reality, it will be ONE Talaaq. However, in the court of law, his testimony regarding emphasis will not be heard.
THIRD: If husband divorces his wife with whom he had sexual intercourse by saying to her that, "I give you three Talaaqs" or if he says, "Upon you is Talaaq, upon you is Talaaq, upon you is Talaaq", in this condition three Talaaqs will be valid. Imam Abu Hanifah, Imam Shafi'i, Imam Malik, Imam Ahmad (radi Allahu anhum) and the majority of the Ulama have reached consensus on this matter. Some of the Ulama who are not influenced by deep Islamic knowledge differ with this consensus/Mas?ala (decree).
Allamah Sawi (radi Allahu anhu) writes: "The Ulama of the Muslim Ummah have reached consensus that the one who gives three Talaaqs separately or all at once, in both cases, his wife will become Haraam (unlawful) for him". (Tafseer Sawi, under the verse no. 230, Surah Baqarah)
Imam Nowvi (radi Allahu anhu) writes in his "Nowvi Sharah Muslim", Vol. 1, under the chapter of three Talaaqs: "Whosoever says to his wife, 'I give you three Talaaqs', according to the four Imams and the majority of the present and past Ulama, the three Talaaqs will be effective. Some of the Ahlus Zaahir (those who are influenced by external actions) have said that, in this case, only one Talaaq will be affective".
In their obsession to seek ease for their carnal desires, Ghair Muqallids (those who do not conform to the teachings of one the Four Imams) of the present time, regard any false or weak saying as acceptable to them. In following Ibne Taimiya they have adopted the belief that three Talaaqs uttered at once are equal to one Talaaq.
Allamah Sawi (radi Allahu anhu) writes: "Ibne Taimiya Hambali has stated that ?three Talaaqs given at once are equal to one'. The Imams of Hambali Madhab have refuted Ibne Taimiya. The Ulama have said that Ibne Taimiya is misled and is a misleader. Relationship of this issue with Imam Ash Hab Maliki is false". (Tafseer Sawi, under the verse no. 230, Surah Baqarah)
We have learnt from this that the Ghair Muqallids of the present time have chosen the false belief or false concept in the issue of Talaaq as long as it suits their carnal desire.
CHAPTER 1 : PROOFS IN SUPPORT OF THREE TALAAQS BEING VALID
NUMBER 1:
Allah Almighty says in the Holy Quran: "This divorce is for two times only, then is to retain with good or to release with kindness." (Surah Baqarah: 229) "Then if she is divorced for the third time, then that woman will not be lawful for him." (Surah Baqarah: 230)
One comprehends from these verses that the right of the husband in returning to his wife is till two Talaaqs, and not after three Talaaqs. The unconditional use of the word "MARRATAAN" in this verse proves that giving separate Talaaqs is not the condition for the Talaaq to be valid or affective. If person gives separate Talaaqs or all at once, Talaaq will be valid and effective whichever way it may be.
Allama Sawi (radi Allahu anhu) explains these verses in "Tafseer Sawi": "If someone gives three Talaaqs, it will be effective regardless if he gives all at once or separately. The woman will not be lawful for him." Similar explanations of these verses are given in other commentaries of the Holy Quran as well.
NUMBER 2:
Allah Almighty says: "And whosoever crossed the limits of Allah, undoubtedly, he did injustice to his own soul. You know not that perhaps Allah may send any new commandment after it." (Surah Talaaq: 1)
This verse means that whosoever crosses the limits of Almighty Allah, that is, by giving three Talaaqs at once, he does injustice to himself. It is often that a person is regretful and embarrassed after having given Talaaq and wants to return to his wife. It is not stated in this verse that if someone has given three Talaaqs at once it would not be affective. Rather, it is stated that the person is unjust to himself. If the three Talaaqs given were ineffective, then the woman is still considered to be his wife. How can he then become a Zaalim or transgressor? Imam Nowi (radi Allahu anhu) gives a similar explanation in the chapter of Three Talaaqs in "Sharah Muslim".
NUMBER 3:
Sowaid Ibn Ghaflah narrates in "Baihqi" and in "Tibraani" that Imam Hasan Ibn Ali (radi Allahu anhum) gave three Talaaqs at once to his wife Ayesha Khsh'amyah. He was later informed that she cried a lot in his separation. When he heard this, he also cried and said: "I would have returned to her if I had not heard from my father that if a person gives three Talaaqs to his wife separately or all at once, then that woman is not lawful for him without Halalah". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 339)
NUMBER 4:
Habib Ibn Abi Sabit (radi Allahu anhu) narrates: "A man came to Hazrat Ali (radi Allahu anhu) and said, 'I have given thousand Talaaqs to my wife'. Hazrat Ali (radi Allahu anhu) told him, 'Three Talaaqs have made her Haraam upon you. Go and distribute the remaining Talaaqs amongst your other wives'". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 335)
This statement of Hazrat Ali (radi Allahu anhu) means that the three Talaaqs are effective and the rest of the Talaaqs are absurd or nonsense. It is obvious that this man did not give one thousand Talaaqs in one thousand months, otherwise he would have spent 83 years and 4 months to do that! He gave one thousand Talaaqs at once and Hazrat Ali (radi Allahu anhu) issued the verdict that three are valid.
NUMBER 5:
Hazrat Imam Jafar Sadiq (radi Allahu anhu) narrates from Hazrat Ali (radi Allahu anhu) that Hazrat Ali (radi Allahu anhu) said: "Whosoever gives three Talaaqs to his wife at once, his wife will not be lawful for him without Halalah". (Sunan Kubra Lil Baihqi, Vol. 7, pg. 335)
NUMBER 6:
Baihqi narrates from Mohammad Ibn Ayaz Ibn Kabeer (radi Allahu anhum), that a person gave three Talaaqs at once to his wife before he had intercourse with her. He intended to marry her afterwards. He approached Hazrat Abu Hurairah and Hazrat Abdullah Ibn Abbas (radi Allahu anhum) to find a solution. They told him, "We do not see any possibility for re-marriage without Halalah". The man said, "I have given three Talaaqs at once". When Hazrat Abdullah (radi Allahu anhu) heard this, he said: "Whatever was left in your ownership you have given it away collectively". (Sunan Kubra, Vol. 7, pg. 335)
NUMBER 7:
Somebody asked Hazrat Abdullah Ibn Abbas (radi Allahu anhuma): "I have given 100 Talaaqs to my wife". He replied, "Take three and leave ninety-seven". (Three Talaaqs are sufficient to break the marriage. The rest of the 97 Talaaqs are useless.) (Sunan Kubra, Vol. 7, pg. 337)
NUMBER 8:
Sa'eed Ibn Jubair (radi Allahu anhu) reports that a man came to Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) and said, "I have given a thousand Talaaqs to my wife". He replied, "Take three and leave 997". (Sunan Kubra, Vol. 7, pg. 337)
NUMBER 9:
Sa'eed Ibn Jubair (radi Allahu anhu) narrates that Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) told a man who gave three Talaaqs to his wife, "Your wife has become Haraam upon you". (Sunan Kubra, Vol. 7, pg. 370)
NUMBER 10:
Amar Ibn Dinar (radi Allahu anhu) reports that someone asked Hazrat Abdullah Ibn Abbas (radi Allahu anhuma): "What is the ruling of that person who has given his wife Talaaqs equal to (the number of) stars". He replied, "Tell him that for you (him) the head of Zodiac of Gemini is enough". Remember, there are three stars on top of Zodiac of Gemini. (Sunan Kubra, Vol. 7, pg. 327)
NUMBER 11:
Fatma Bint Qais (radi Allahu anha) says, "My husband gave me three Talaaqs at once before he left for Yemen". The Holy Prophet (sallal laahu alaihi wasallam) legalised these as three Talaaqs. (Ibn Majah, Chapter - "Who gave three Talaaqs in one sitting")
NUMBER 12:
Hakim, Ibn Majah and Abu Dawood narrated from Abdullah Ibn Ali Ibn Yazid Ibn Rukanah (radi Allahu anhum) who said: "My grandfather, Rukanah, gave Talaaq BATTAH (emphasized Talaaq) to his wife. Then, he went into the holy court of the beloved Rasool (sallal laahu alaihi wasallam). The Holy Prophet (sallal laahu alaihi wasallam) asked him in that regard. Rukanah replied, 'I made intention of one Talaaq'. The Holy Prophet (sallal laahu alaihi wasallam) asked him, 'Do you swear by the Name of Allah that you made intention of one Talaaq?' Rukanah said, 'I swear by the Name of my Lord that I made intention of one Talaaq only'. The Holy Prophet (sallal laahu alaihi wasallam) then returned his wife to him". (Ibn Majah - Chapter of Talaaq Al Battah; Abu Dawood - Chapter of Al Battah)
If three Talaaqs given at once are equal to one Talaaq, why then did the Holy Prophet (sallal laahu alaihi wasallam) ask Rukanah to swear for his intention? He in fact told his wife "I give you Talaaq, Talaaq, Talaaq" and the last two words of Talaaq that he used was to emphasize the first Talaaq. Therefore, it was regarded as one Talaaq. This narration is highly accurate and reliable. Ibn Majah said, "What a noble narration this Hadith is". Abu Dawood said, "This narration is more accurate than the narration of Ibn Jarih".
NUMBER 13:
In the time of Hazrat Umar (radi Allahu anhu) the law was made that three Talaaqs given at once will be regarded as three. (Muslim, Kitaabut Talaaq, Chapter of Three Talaaqs)
Imam Nowvi (radi Allahu anhu) explains this Hadith by saying that the Sahabah have reached consensus on this issue that three Talaaqs given at once will be regarded as three.
NUMBER 14:
The husband has the right to divorce. What is the reason for him giving three Talaaqs and it is counted as one? The husband owns the Talaaq, and the disposal of an owner should be valid in his ownership.
NUMBER 15:
The Islamic Law cannot be changed because of an unlawful act. To give three Talaaqs at once is, undoubtedly, prohibited. But, when the husband is uttering three Talaaqs from his mouth, why then would it not be affective?
To slaughter an animal with a stolen knife is indeed Haraam, but if someone has slaughtered the animal with it, then the slaughtered animal will be Halaal. It is Haraam to give Talaaq to the wife while she is in the state of menses, but if someone has given it, it will be affective.
NUMBER 16:
The majority of the Ulama, in particular, the Four Jurist Imams (radi Allahu anhum) believed that three Talaaqs given at once are valid and effective.
CHAPTER 2: ANSWERS TO OBJECTIONS
Ghair Muqqalids, in their attempt to support their false claims could only make the following objections. Insha-Allah, these false claims will be erradicated.
FIRST OBJECTION
Allah Almighty says in the Holy Quran: "This divorce is for two times only." (Surah Baqarah: 229) The Quranic word "MARRATAAN" in this verse requires that Talaaqs should be given separately. To give three Talaaqs at once does not fulfill the requirement of this Quranic verse.
OUR ANSWER:
There are a few answers to this objection:
This verse does not mean that three Talaaqs issued at once will be equal to one Talaaq. The true understanding of this verse is that Raji' Talaaqs are counted as two Talaaqs. (Raji' Talaaq is that Talaaq that allows a person to return to his wife after divorcing her). Thereafter, Almighty Allah says in the very next verse, that whosoever gives more than two Talaaqs, his wife will not be lawful for him without Halalah. "Tafseer Ahmadi", "Sawi" and "Jalaalain" can be seen for reference.
For instance, if the word "MARRATAAN" in this verse means that Talaaqs should be given separately, then the one who says to his wife that "I give you Talaaq, I give you Talaaq, I give you Talaaq", there is "wordy" separation in his saying. One who says to his wife that "I give you three Talaaqs", there is "numeral" separation in his saying. We fail to understand from where they have taken the meaning of this verse to be that there must be a period of one menses between the Talaaqs, then only Talaaq will be valid? Almighty Allah says in the Holy Quran: "Then look again and again towards the Heavens." (Surah Mulk: 4) This does not mean that one must look towards the Heavens once in a month. I suppose Ghair Muqqalids might translate this verse to mean that one should look towards the skies once in a month!
According to their explanation of this verse they say that Talaaqs should be given separately. We also say that issuing three Talaaqs at once is severely prohibited, and that it is necessary to give Talaaqs separately. The question that arises is this is that if someone, due to his foolishness, had given three Talaaqs all at once, will the Talaaqs be effective or not? The verse is quite about it.
SECOND OBJECTION
It is reported from Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) that during the time of the Holy Prophet (sallal laahu alaihi wasallam), in the time of Hazrat Abu Bakr Siddique (radi Allahu anhu) and in the early period of Hazrat Umar (radi Allahu anhu), three Talaaqs given at once were regarded as one Talaaq. (Reference: Muslim - Kitabut Talaaq).
Furthermore it is reported in "Muslim", in the same Chapter, that Abu Sahba asked Hazrat Abdullah Ibn Abbas (radi Allahu anhum): "Do you know that in the period of the Holy Prophet (sallal laahu alaihi wasallam) and in the period of Abu Bakr (radi Allahu anhu) three Talaaqs given at once were regarded equal to one?" He replied, "Yes". It becomes obvious from here that three Talaaqs given at once are regarded as one Talaaq.
OUR ANSWER:
There are a few answers to this objection:
This Hadith is "Mansookh" or abrogated. The reason for this is that Hazrat Abdullah Ibn Abbas (radi Allahu anhu) narrated this Hadith and he himself issued the verdict that three Talaaqs given at once are valid and effective. A detailed explanation is written in the first chapter of this book. When a narrator of a Hadith practices against his narration it will mean that as far as the knowledge of the narrator is concerned, the Hadith is Mansookh (abrogated). Hazrat Umar (radi Allahu anhu), in the presence of the Sahaba, made this law that three Talaaqs given at once will be effective. This law was accepted and practised by the Sahaba (radi Allahu anhum). Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) also did not object to it. This informs us quite evidently that this Hadith was abrogated or "Mu'awwal" (reinterpreted) in the knowledge of the Sahaba. Could the Sahaba (radi Allahu anhum) ever reach consensus against the Hadith?
In this Hadith, the case of that woman is discussed with whom her husband did not have intercourse. If the husband told his wife with whom he did not have intercourse yet, that "I give you Talaaq, I give you Talaaq, I give you Talaaq", indeed, in this case, only the first Talaaq will be counted and the remaining two Talaaqs are ineffective. Abu Sahba asked Abdullah Ibn Abbas (radi Allahu anhum): "Don't you know that during the time of the Holy Prophet (sallal laahu alaihi wasallam) and in the time Abu Bakr (radi Allahu anhu) that when people used to give three Talaaqs at once it was regarded as one Talaaq?" He replied, "Yes, when they used to give to Ghair Madkhool Beha (with whom intercourse did not take place)." (Abu Dawood, Kitabut Talaaq, Chapter: Returning to wife after giving her three Talaaqs) It is crystal clear that the narration of "Muslim" also means the same.
In the Prophetic period and in the period of Abu Bakr Siddique (radi Allahu anhu), people used to divorce in the following way by uttering "I give you Talaaq, Talaaq, Talaaq". They used to emphasize the first Talaaq with the last two words of Talaaq.
In the Farooqi period, the peoples condition changed. They began issuing three Talaaqs with the three words of Talaaqs, that is, not emphasizing the last two words. Due to the change of condition, the ruling also changed. (Reference: Nowvi Sharah Muslim, Kitabut Talaaq).
It is mentioned in the Holy Quran that eight categories of the people deserve Zakaah. In the period of Hazrat Umar (radi Allahu anhu), the Sahaba reached consensus that the "Mo Allefatul Quloob" or the "Kuffar attracted towards Islam" be excluded from these eight categories. In the earlier period of Islam, Muslims were few and weak, therefore, the Kuffar were drawn towards Islam by giving them Zakaah. Now, in the period of Hazrat Umar (radi Allahu anhu), the Muslims were neither few in number nor weak, so the giving of Zakaah to the Kuffar was stopped. In this instance, the law changed due to the change of circumstances. For example, Zaid (a person) was poor and could accept Zakaah, but once he became rich, he must pay Zakaah.
Today, people are totally unaware of Takeed (emphasis). They give three Talaaqs with the intention of three Talaaqs. It is strange that circumstances are something else and ruling is something else!
THIRD OBJECTION
Hazrat Abdullah Ibn Abbas (radi Allahu anhuma) narrates that Abd Yazid Abu Rukanah (radi Allahu anhu) gave Talaaq to his wife. The Holy Prophet (sallal laahu alaihi wasallam) told him, "Return to your wife." He replied, "I have given three Talaaqs". The Holy Prophet (sallal laahu alaihi wasallam) said, "I know, but go back to your wife." He then recited the first verse of Surah Talaaq which means: "O Prophet, when you people divorce your women, then divorce them at the time of their prescribed periods." (Sunan Kubra, Vol. 7, pg. 339; Abu Dawood, pg. 299; Durre Mansoor, Vol. 1, pg. 279)
If three Talaaqs given at once were valid, then the Rojoo' (going back to the wife) was impossible, and there was need of Halalah. It becomes known from here that one Talaaq was made valid and two were rejected although Abu Rukanah said "I have given three Talaaqs".
OUR ANSWER:
It is a shame and dishonour on the objector that he has quoted only half of the Hadith. "Baihqi" and "Abu Dawood" have given beautiful answers to this objection, which the objector has not mentioned.
It is narrated in the same place in "Baihqi" and "Abu Dawood" that: "Naafe Ibn Ajeer and Abdullah Bin Ali Bin Yazid Bin Rukana (radi Allahu anhuma) narrated from his grandfather Rukana that Rukana gave Talaaq Battah (emphasized Talaaq) to his wife. Therefore, the Holy Prophet (sallal laahu alaihi wasallam) returned his wife to him. This Hadith (regarding Rukanah) is more accurate than the other Ahadith because the son or the family members are more acquainted with the household (matters) than outsiders".
Here, the grandson says that his grandfather gave Talaaq Battah to his grandmother, while the outsiders say that he gave three Talaaqs. Surely, the narration of a family member is more accurate in family matters than any body else!
We have mentioned in the first chapter that Rukanah told the Holy Prophet (sallal laahu alaihi wasallam) that "I have made intention of one Talaaq". The Holy Prophet (sallal laahu alaihi wasallam) asked him to then take an oath by the Name of Allah, then only did he allow Rukana to go back to his wife. Imam Nowvi (radi Allahu anhu) said that the narration of three Talaaqs regarding Abu Rukanah is weak and narrated by unknown people. Regarding the Talaaq of Abu Rukanah, the narration we have presented is correct, that he gave Talaaq Battah to his wife.
FOURTH OBJECTION
Hazrat Abdullah Ibn Umar (radi Allahu anhuma) gave three Talaaqs to his wife while she was in the state of her menses. The Holy Prophet (sallal laahu alaihi wasallam) regarded this as only one Talaaq and ordered him to go back to his wife. If three Talaaqs given at once were effective, than it was impossible for Hazrat Abdullah (radi Allahu anhu) to return to his wife.
OUR ANSWER:
This argument is incorrect. Hazrat Abdullah Ibn Umar (radi Allahu anhuma) only gave one Talaaq to his wife in her state of menses. The Holy Prophet (sallal laahu alaihi wasallam) ordered him to make Rojoo because the correct way of issuing Talaaq was to give the Talaaq while the woman is in the state of Tohr, and not in the state of Haiz (menses).
It is stated in Muslim Shareef: "Naafe narrates from Abdullah that he gave one Talaaq to his wife while she was in her menses. The Holy Prophet (sallal laahu alaihi wasallam) ordered him to go back to his wife." (Muslim, Vol. 1, Baabu Tahrimit Talaaqil Ha'ize) Imam Nowvi (radi Allahu anhu) states that "the correct narration of Ibn Umar is that which is reported in Muslim, that he gave one Talaaq to his wife." (Nowi Sharah Muslim, Chapter of three Talaaqs)
FIFTH OBJECTION
Imam Razi (radi Allahu anhu) states: "It is Waajib (compulsory) to give Talaaqs separately, and this is the exact explanation of those people who have said that giving three Talaaqs at once is Haraam." (Tafseer Kabeer, under the verse no. 230, Surah Baqarah) It is obvious from here that giving three Talaaqs at once is not Shar'i Talaaq.
OUR ANSWER:
It is necessary to give three Talaaqs separately. Nobody denies this. But, the argument is that if someone, due to his foolishness, gave three Talaaqs at once, will these Talaaqs be valid or not?
It is not stated anywhere in "Tafseer Kabeer" that these Talaaqs would not be valid. What has been said in "Tafseer Kabeer" is that to give three Talaaqs at once is Haraam. Something being illegal is one thing and the application of Shar'i rulings upon it is an another thing. It is Haraam to drink or eat while fasting in the month of Ramadaan, but if anyone eats or drinks, his fast will be null and void.
SIXTH OBJECTION
Imam Razi (radi Allahu anhu) states: "Many of the Ulama of Deen have chosen this way that if someone gives two or three Talaaqs together, then only one will be valid". (Tafseer Kabeer, Vol. 2, pg. 247). It is determined from here that according to Ulama of Islam, three Talaaqs given at once are equal to one Talaaq.
OUR ANSWER:
Here, the objector did not mention who those Ulama are. We will tell you! Those Ulama are Ibne Taimiya and his followers. Ibn Taimiya and his followers are regarded by the Ulama as misled and as misleaders. Reference to this was made in the first chapter of this book.
Furthermore, the objector did not quote the full statement from "Tafseer Kabeer". Hazrat Imam Razi (radi Allahu anhu) continues after that statement which is quoted in the objection that, "the second saying is the saying of Imam Abu Hanifah (radi Allahu anhu), although it is Haraam to give three Talaaqs at once, but it will be valid." Imam Razi (radi Allahu anhu) states a little further: "It is the Mazhab of all Jurist Imams that if the wife is given three Talaaqs together, she will not be Halaal for the husband". (Tafseer Kabeer, Vol. 2, page 265).
SEVENTH OBJECTION
It is common sense that three Talaaqs given at once should be regarded as one Talaaq, because performing anything at once, which was ordered to be done separately, is counted as doing it once only. For example, to take an oath (swearing) four times is compulsory in "Li Aan" (mutual cursing by a couple in a Court of Law in a case of adultery). If someone has taken four oaths with one word, it will be counted as one and he has to swear three more times. The stoning of the Jamaraat seven times separately is Waajib during Hajj. If someone hits the Jamara one time with seven stones it will be regarded as one hitting and he has to hit it six more times. Similarly, if someone took a vow that he will send Salutations upon the Holy Prophet (sallal laahu alaihi wasallam) thousand times and he says that "I send Salutation upon the Prophet thousand times", this will be regarded as only one Salutation. Similarly, if someone gave three Talaaqs at once, it will be regarded as one Talaaq not three Talaaqs.
OUR ANSWER:
In Li Aan and in Rami (hitting the stones), action is required, not its effect. But in Talaaq, effect is required, not just action. Therefore, their analogy is incorrect.
Every Qasam (swearing, oath) in Li Aan is equal to one witness. Four witnesses are required in the case of adultery. In Li Aan four actions of swearing is needed because Li Aan stands for four witnesses. In the hitting of the Jamaraat seven actions are required - hitting seven stones one time is one action. The Holy Prophet (sallal laahu alaihi wasallam) performed seven actions in Rami. In order to follow him, we need to hit seven times. In Durood Shareef, reward is granted according to one's effort. The vow of reading thousand times Durood is in fact the vow of the same amount of effort. It is obvious that saying one time "I send Salutation upon Rasool thousand time" does not have the effort of reading a thousand times. Talaaq is not an act which causes reward, so for it to be valid, different rules are applied.
NOTE: If three Talaaqs given at once are equal to one Talaaq and if the husband and the wife live separately, it is not very harmful. But, if three Talaaqs given at once are valid and if the husband and wife are living together without Halalah, then it means that they will be committing adultery for the rest of their lives. Therefore, safety and care must be implemented in this way - that three Talaaqs be accepted as three Talaaqs and not as one.
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