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(وَمَا كَانَ رَبُّكَ مُهْلِكَ ٱلْقُرَىٰ حَتَّىٰ يَبْعَثَ فِىٓ أُمِّهَا رَسُولًا يَتْلُوا۟ عَلَيْهِمْ ءَايَٰتِنَاۚ)
"And never would your Lord have destroyed the cities until He had sent to their mother a messenger reciting to them Our verses".
[Al-Qasas:59]

And the most high said:

(لِأُنذِرَكُم بِهِۦ وَمَنۢ بَلَغَۚ)
"that I may warn you thereby and whomever it reaches."
[Al-An'am:19]

So the warning is by the Qur'an reaching in its wording or meaning, so if the Message reaches them through an intermediary or without an intermediary: then the evidence have been established upon them, and their excuse has been removed.

As for those that are living in the lands of Islam, from those that it's known that these rulings have reached them, then their statement: "I didn't know if this", isn't accepted from them, and they would be from those who rejected its obligation after knowledge has reached them, making them a disbeliever with a Disbelief which expels from the religion
". End of speech

▪️As for the rulings of the Dunya, then they are upon the outward - by unanimous agreement, as will come.

So whoever was attributing to Islam or didn't attribute to Islam, from those that are ignorant of Tawheed, then they are rules upon with outward Disbelief, and they are called a Mushrik, and given the rulings of the Mushriks outwardly - in not eating what they slaughter or seeking forgiveness for them or inheriting from them or praying over them, and the likes of them.

And if they remain upon their Shirk after the establishment of the evidences upon them, then the punishment of permitting their blood and wealth is made applicable by the ruler.

▪️▪️◾️▪️▪️


[Page 38-39]

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بسم الله الرحمن الرحيم

Many questions have reached us from our brothers the students of knowledge, enquiring regarding the promise of the book of our Shaykh Abu Hatim -may Allah ease him from his worries- surrounding the topic of "The excuse of the ignorant of Tawheed".

A delay has occured in printing due to various reasons but we give glad tidings that soon the book will come out printed complete in a one volume form.

With addition of many important topics and replies on doubts and defective usage of proofs, and clear statements from some of the Salaf and Imams in the establishment of this subject matter.

And Allah is the granter of success.

Your brothers in the administration of the group.

البينات الزاخرة
The previous page ⬆️
www.tg-me.com/AbuHaatimEn/1428

So the ruling upon the outward is a fundamental principle in the legislation, unanimously agreed upon amongst the people of knowledge, whoever rules contrary to this - then they opposed the Book and the Sunnah and the way of the believers. As the Hadith of Umar, may Allah be pleased with him, in "the Sahih" points to wards, wherein he said: "The people were held to account by the revelation during the era of the Messenger of Allah ﷺ, but the revelation has discontinued, so now we only hold people accountable with what appears to us from their actions, whoever shows good to us we grant him safety and draw them close, and nothing of their private affairs is to us, Allah will hold them to account for their private affairs, whoever manifest bad to us then we don't give them safety nor will we trust them, even if it's said: "Their private affair is good".".

I said:

And the scholars [all of them unanimously agree upon that the rulings relating the Dunya are upon the outward affairs, and Allah is the caretaker over the private affairs]. As stated by Al-Haafidh Ibn Hajr, may Allah have mercy upon him, in "Fathul-Baari" (12/273).

And Ash-Shaatibi, may Allah have mercy upon him, said: "The basis of the ruling with the outward is that it's agreed upon in legislative rulings specifically, and in relation to creed of others generally". "Al-Muwafaqaat" (2/467).

Ibn-Ul-Qayyim, may Allah have mercy upon him, said: "Whoever rules upon people with contrary what shows from them, using as a proof that they manifested is contrary to what they have inwardly, by indication from them or with no indication: isn't free with me of being in contradiction to what's revealed and the Sunnah". "I'laamul-Muwaqi'een" (2/84).

So with this Hadith and other than it of proofs, it has become clear that those that manifest major Shirk are called a Mushrik, as this their action which they manifested, so how can they be a Muslim - when a Muslim can not be except someone who is a person of Tawheed?!

As Islam is submitting to Allah with Tawheed, and compliance to Him with been obedient, and being free from Shirk and its people.

And this individual is perpetrating the opposite, which is major Shirk, so how can these two things come together?!

▪️In the establishment of what preceded of the differentiation, Imam Ibn-Ul-Qayyim, may Allah have mercy you him, said: "A. Allah will rule between His slaves on the day of judgement with His wisdom and His justness, and he won't punish except those His evidences have been established upon through the Messengers, this is declared regarding the creation as a whole, as for Zaid or Amr individually, have the evidences been established upon them or not, this you can't come between Allah and His slaves in this, rather what's obligatory is that the slave believes:
- Whoever takes on a religion besides Islam, that they are a Disbeliever.
- That Allah exalted is He and the most high doesn't punish anyone except after the establishing of the evidences upon them through the Messenger. This is generally stating, as for particulars then this is left to the knowledge of Allah and His ruling, this is regarding rewards and punishment.
B. As for the ruling in the Dunya - then this upon its apparent affair, so the children of the disbelievers and their insane, are disbelievers in the ruling of the Dunya and they take the ruling of their caretakers, by way of this elaboration the confusion departs in the subject matter". <Tareeq Al-Hijratayn> (p.608).


[Page 40]

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بســـم اللــه الرحــمــن الـرحـــيــم

339◾️The ruling of giving out Zakaat outside of the country where one resides◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What's the ruling of giving out Zakaat outside of the country where one resides, to a student of knowledge who migrated out of their country, for example to the Yemeni students of knowledge outside of their countries.

📤Answer:

It has come in the "Two Sahihs" on the authority of Ibn Abbas, may Allah be pleased with him, that the Prophet ﷺ sent Muadh, may Allah be pleased with him, to Yemen [and it contains]: "If they obey you in this then inform them that Allah has obligated Zakaat upon them from their wealth, which is taken from their rich and given to their poor".

The apparent of this Hadith points to that the Zakaat is given to the poor of the country which the one who is giving the Zakaat resides in.

As [the neighbour of the money has more right to their Zakaat].

And through this all those that are in that land are sufficed with what they have of Zakaat, and through exporting it -without need or a legislative benefit- the people of that land remain being in need.

If there is a need in exporting it like, those deserving Zakaat being rare in the place of resident, or due to their relatives in their country of origin being in need, then they will have the quality of kinship alongside eligibility of the Zakaat, or due to the presence of Muslims who are more severe in need and being harmed in other than the place of residence, and other than this of legislative benefits.

Shaykh-Ul-Islaam, may Allah have mercy upon him, said as found in "Al-Ikthiyaaraat" (p.99): "If the Zakaat was transferred to those eligible in a ruled country, for example: for someone from Cairo was to be given what was collected in Egypt, then what's correct is that this is permissible. As the residents of that country are to be assisted from their farms, contrary to transferring from a province whilst the people of that place being in need of it.

And the Salaf said: [the neighbour of the money has more right to their Zakaat].

And they disliked transferring the Zakaat to the country where the ruler resides and elsewhere, so that all areas are sufficed with what they have of Zakaat, for this reason it was in the letter of Muadh bin Jabal: "Whoever moved to a province from another province then what he collects is in the province of his neighbours".

Provinces have what's called: Al-Mu'aamalah, and this is a person in charge and a judge, and they are who the ruler puts in charge to collect the Zakaat from their rich to give to their poor, and he didn't restricted it to the distance of two days, and there is no proof for the restricting the preventing of transfer of Zakaat to the distance of the shortening [of the prayer], and it is permissible to transfer the Zakaat and what takes its ruling for a legislative benefit". End of speech


📁 س/ ما حكم اخراج الزكاة خارج البلد المقيم فيه؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/95
بســـم اللــه الرحــمــن الـرحـــيــم

340◾️The ruling of eating snails◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What is the ruling on eating snails?


📤Answer:

The basis regarding things that are benefited from is that they are allowed, unless there is evidence that transfers away from this basis.

Based upon the statement of the most high:

(هُوَ ٱلَّذِى خَلَقَ لَكُم مَّا فِى ٱلْأَرْضِ جَمِيعًا ثُمَّ ٱسْتَوَىٰٓ إِلَى ٱلسَّمَآءِ فَسَوَّىٰهُنَّ سَبْعَ سَمَٰوَٰتٍۚ وَهُوَ بِكُلِّ شَىْءٍ عَلِيمٌ)
"It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven, [His being above all creation], and made them seven heavens, and He is Knowing of all things".
[Al-Baqarah:29]

And the most high said:

(قُل لَّآ أَجِدُ فِى مَآ أُوحِىَ إِلَىَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُۥٓ إِلَّآ أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُۥ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ ٱللَّهِ بِهِۦۚ)
"Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure -  or it be that which is slaughtered as a sacrifice to other than Allah".
[Al-An'am:145]

The land snail is an animal that does not have a nafs saail, as it has no blood. And it is not considered a Mustakbath (bad despicable), such as for it to be aligned to what is considered Khabaaith and then be prohibited. Rather, it has numerous benefits.

As for the way it's slaughtered.
Imam Ibn Abu Zayd Al-Qayrawani, may Allah have mercy on him, said: "Ibn Habib said: "Maalik permitted the eating of snails, and he said: “It is slaughtered with the same action that kills locusts, which kills it, and what died from it without action is not to be eaten, and you mentioned Allah's name when you do that action to it, from boiling, or stabbing it with a needles, thorns, or other than this".". End of speech.

So based on the above, it is permissible to eat snails, and Allah knows best.

📁 س/ ما حكم أكل الحلزون؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/117
بســـم اللــه الرحــمــن الـرحـــيــم

341◾️The ruling on a woman working outside from home out of dire necessity◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

The last question is regarding the ruling on a woman working outside her home if there’s no one to take care for her, her children, and their provisions.

📤Answer:

This the Salaf have repeated speech on it. Which is that a woman working outside her home; if it was out of dire necessity, such as being without an up-keeper for her and her children, due to the passing away of her husband, or an illness, and the like (of what legislatively falls into dire necessity), then it’s permissible in this case to work out of necessity.

However, on the conditions that when going out she covers to what Allah Aza wa Jal has commanded with, and also avoiding all types of scents which would draw her to great sorrows, such as perfumes and the like.

Likewise, from the types of clothes that lures (and is susceptible) to looking, that’s in relation to clothing. Furthermore, in relation to the work, is that it doesn’t involve Haram such as free-mixing, or the essence of it in itself is prohibited. So, if the work itself is permissible and alongside that her going out is not accompanied by anything of evil, then in this case it’s permissible for her to work out of necessity.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/2720
The Official English Channel of Fadeelatush-Shaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree, may Allah preserve him and protect him:

💢 Is it permissible to pray the Taraweeh prayer behind the people of Innovations?💢

The Allaamah Yahya Al-Hajoori - may Allah preserve him - was asked, as in "Al-Hulla Al-Bahiyyah (1) in Answering the Algerian Questions" (Question No. 24):

Question:
When Ramadan arrives, the Salafis differ regarding the issue of the Taraweeh prayer, so some of them pray in their local Masjid behind an Innovator, and some of them pray in their home and say: "I won't pray following an innovator, and no honour to him!", and some of them travel long distances in order to pray behind a Sunni, so what is correct?

Is Taraweeh prayer legislated for the traveler?

Whereby he -may Allah preserve him- replied: "What's correct is that as long as they are not traveling, and they went even if they tired themselves a bit, in order to pray behind a Sunni Imam, then this is good, Allah says in His Book:

( وَٱجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا)
"And make us leaders for the righteous."
[Al-Furqan:74]

Imamship is an honor, and also it is a must that it should be known that the Salafi Imam has influences even through his recitation, reading, and effects.

And the Innovator Imam has influences even through his recitation, and you do not know that you will become deceived by his recitation and then follow him one day or defend him and say: "This is a righteous man!!" This is not farfetched.

It is known that the prayer behind someone whose Innovation hasn't reach the level of disbelief is valid, but Taraweeh prayer is a voluntary prayer so if you are able to pray behind a Salafi, then you do so, and if you are not able, you pray in your home, and in such a case - what's used as evidence is the hadith: "The best prayer for a man is in his home. Except for what has been written" (2), meaning: except for obligatory prayers.

Prevention is better than cure. Meaning that instead of going and praying behind the Innovator and not realising until you have to go treat your heart because a doubt stuck to it, or that you have fallen into trials.

Staying away from them in such situations is safer for you.

Two men went to Ibn Sireen wanting to recite a verse from the Book of Allah to him, he said: "No, either you two stand up away from me or I will stand up". He said: "I feared that they would recite a verse from the Book of Allah to me and distort it and then it would settle in my heart". (3)

We say: In such a situation, he should pray in his home, because it is better to pray in a congregation based upon the statement of the Prophet ﷺ: "Whoever prays with the Imam until he leaves, it will be recorded for him that he spent the night in prayer". (4)

This is if they were behind a Salafi.

But if they prayed at home and did not find a congregation behind a Salafi, then based upon the statement of the Prophet ﷺ: "Make some of your prayers in your homes". (5), and based upon the statement of the Prophet ﷺ: "The best prayer for a man is in his home. Except for what has been written". (6)

I only made an exception for the Taraweeh prayer due to what was previously mentioned.

As for the Taraweeh prayer for the traveler, the Witr prayer for the traveler, the night prayer, the Duha prayer, and other unrestricted voluntary prayers, all of them are permissible for the traveler, and the Prophet ﷺ and his companions would not unmount their riding beasts until they had prayed the morning Duha prayer, and the Prophet ﷺ, prayed the Witr prayer on his riding beast (7), and the Witr prayer is part of the night prayer". End of speech

-------------------------------------------------- -------

(1) Collection and Takhreej by Abu Hatim Yusuf Al-Jazaa'iri, may Allah preserve him and protect him.
(2) Reported by Bukhari (731) and Muslim (781) on the authority of Zaid bin Thabit, may Allah be pleased with him.
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(3) Reported by Ad-Daarimi in his "Muqadimmatus-Sunan" (No. 411), and our Shaykh said in "Al-Urf Al-Wardi" (p. 181): It is authentic, and it was reported by Al-Aajuri No. (62).
(4) It was reported by the authors of Sunan, and it is in "Sahih Al-Musnad" (No. 270) by Allaamah Al-Waadi’i, may Allah have mercy on him.
(5) Reported by Bukhari (432) and Muslim (777) on the authority of Ibn Umar, may Allah be pleased with them both.
(6) Reported by Bukhari (731) and Muslim (781) on the authority of Zaid bin Thabit, may Allah be pleased with him.
(7) Reported by Bukhari (999) and Muslim (700) on the authority of Ibn Umar, may Allah be pleased with them both.

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/2806
بســـم اللــه الرحــمــن الـرحـــيــم

343◾️The ruling on accepting financial support from disbelieving governments◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

Is it permissible to accept financial aid and concessions given by disbelieving governments?

📤Answer:

It’s appropriate to be above that unless it was out of necessity or an urgent need, such that there’s not for them an act of favour over the Muslims, or it becomes a pathway to watering down Al-Wala wal-Bara.

For verily, the disbelievers do not give out aid for the Muslims except they have by way of that or behind it a particular intention (or motive).

Wallahul-Musta’aan.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/12
بســـم اللــه الرحــمــن الـرحـــيــم

344◾️The ruling regarding health insurance◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What’s the ruling regarding health insurance?

It works by paying a little amount (on a monthly or so basis), then if a person becomes sick of an illness, the governing body pays out financial aid?

📤Answer:

Voluntary insurance is prohibited as it’s a form of gambling.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/12
بســـم اللــه الرحــمــن الـرحـــيــم

342◾️Is the Takbeeratul Ihraam and the Takbeeraatul Intiqaal made audibly or inaudibly?◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

Is the Takbeeratul Ihraam (the Takbeer which commences the prayer) and the Takbeeraatul Intiqaal (the Takbeers at transitioning in the prayer) performed silently or aloud in both the audible and inaudible units?
And Allah reward you with good.

📤Answer:

As for the Imam, it is recommended for them to pronounce this audibly during the audible and inaudible prayers so that the people can hear him so that they can follow him. Due to the action of the Prophet ﷺ, and his command in his saying: (Pray as you have seen me pray).

As for the one praying behind him; It is not permissible for him to do that because it would cause confusion to other people praying behind him. Because of the prohibition of the Prophet ﷺ, as it comes in the hadith of Abu Sa’eed Al-Khudhri, may Allah be pleased with him: (All of you are calling out to their Lord; so do not cause nuisance to one another, and do not raise over one another over others in recitation).

And so that they do not think it is the imam’s voice, so they become confused in the prayer.

Shaykh-Ul-Islaam conveyed the consensus that this is not legislated for someone who is praying behind an Imam without need.

I say:
Like if the person being led in prayer is relaying from the Imam so that those that are praying can hear, if they cannot hear the Imam due to weakness in his voice or illness.

As it comes in the hadith of Jabir found with Muslim and others, on the Prophet ﷺ, leading the people while he was ill, and Abu Bakr following his lead and relaying on his behalf.

As for those praying alone; then it is according to the situation, they should say it audibly in audible prayers and inaudibly in audible prayers, unless they are in the presence of those praying and those who are making remembrance of Allah, so as not to disturb them, or in the presence of sleeping people so as not to wake them up, and perhaps may do it a middle fashion with a low voice depending on the situation, as in the hadith of Al-Miqdad found with Muslim that the Prophet ﷺ, would come at night and greet with a greeting that does not wake the sleeping person, but would make someone awake hear.

And Allah is the granter of success.

📁 س/ هل تكبيرة الإحرام وتكبيرات الانتقال تكون بالسر أم بالجهر في كل من الركعات الجهرية والسرية؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/1215
بســـم اللــه الرحــمــن الـرحـــيــم

345◾️Doubt about acts of worship after completing them is not taken into consideration◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

A man took a bath due to major ritual impurity, and after a few minutes he doubted whether he had washed his head or not, so he touched his head and did not find any wetness, and the rest of his body had water on it. He prayed five prayers in this state, then he intended to have a wash to remove the major ritual impurity on the second day.

The question is: Should he repeat these prayers?

📤Answer:

If after the finishing the washing there is doubt regarding it, then there is no attention paid to that, and their prayer is valid. The rule is: (Doubt about acts of worship after completing them is not taken into consideration).

If, after his wash, he was certain that he had not washed his head, yet he performed the five daily prayers in that state, he must repent to Allah for this action, and his prayer is invalid. Along with repentance, he must perform many voluntary prayers in order to make up for what he missed, and Allah is the granter of success.

📁 س/ رجل اغتسل من الجنابة وبعد دقائق شك هل غسل رأس أم لا فمس رأسه ولم يجد بللا حيث أن سائر جسده يوجد فيه ماء وصلى على حاله هذا خمس صلوات ثم نوى اليوم الثاني غسل الجنابة. والسؤال : هل يعيد هذه الصلوات ؟.

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
www.tg-me.com/AbuHaatimEn

Original fatwa:
www.tg-me.com/youssefalgazairi/2857
The previous page ⬆️
www.tg-me.com/AbuHaatimEn/1430

▪️The statement of the sons of the Imam Muhammad bin Abdulwahaab: the Allaamah Hussein and the Allaamah Abdullah, and similarly the Allaamah Hamd bin Ma'mar - may Allah have mercy upon them all - whereby they were asked about those that died before the manifesting of the Da'wah of the Shaykh, may Allah have mercy upon him, so their reply was: "Whoever died from the people of Shirk before this Da'wah reached them, then the ruling upon them is that: if they were well known for doing Shirk and taking it as religion, and died upon this, then this ones apparent is that they died upon disbelief, so they are not supplicated for, nor slaughtered for, nor is charity given on their behalf, as for the reality of their affair, then it's to Allah the most high, if the evidences were established upon them in their lifetime and they were stubborn, then this one is a disbeliever outwardly and inwardly, and if the evidences were not established upon them in their life, then their affair is to Allah". <Ad-Durar As-Saniyyah> (10/142) and look in (10/136-138,142).

I said:
This is a clear implementation of the differentiation between the ruling of outward shirk upon the perpetrator of major Shirk who the Da'wah didn't reach, and between the ruling of outward and inward disbelief upon those who the evidences were established upon, and between the rulings in the Dunya and that of the Hereafter.

▪️The Allaamah Hamd bin Naasir bin Ma'mar, may Allah have mercy upon them all, said in clarification of this point in detail and clarifying the types of people in this: "A. Whoever was from the people of Jaahiliyyah, acting upon Islam and abstaining from Shirk, then they are a Muslim.
B. As for those who used to worship idols and died upon this before this religion manifested, then this one their apparent is Disbelief, even if it was possible that the evidences of the Message weren't established upon them, due to their ignorance and not having anyone to notify them, and because we are ruling upon what's apparent, as for the ruling upon the inward, then this is to Allah the most high, He won't punish anyone except after the establishment of the evidence upon them, as the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].

C. As for those that died whose condition are unknown, then this one we don't delve into, we don't rule Disbelief nor Islam upon them, and this is not what we are held to account to do:

(تِلْكَ أُمَّةٌ قَدْ خَلَتْۖ لَهَا مَا كَسَبَتْ وَلَكُم مَّا كَسَبْتُمْۖ وَلَا تُسْـَٔلُونَ عَمَّا كَانُوا۟ يَعْمَلُونَ)
"That was a nation which has passed on. It will have [the consequence of] what it earned, and you will have what you have earned. And you will not be asked about what they used to do".
[Al-Baqarah:134]

So whoever was a Muslim Allah will enter them into Jannah, and whoever was a Disbeliever Allah will enter them into the hellfire, and whoever didn't have the Da'wah reach them, then their affair is to Allah, you have already come to know of the differing regarding the people of Al-Fataraat, and those who the evidences of the Message didn't reach". <Ad-Durar As-Saniyyah> (10/336).

I said:
Look at this Imam from the Imams of the Da'wah, how he declared Takfeer with outward disbelief upon the ignorant of Tawheed who attributes to Islam, based upon the basis of the ruling upon what's apparent, without taking into consideration the possibility of them being ignorant and the evidences not being established upon them.

Contrary to his ruling of Disbelief which one is punished for, here he stipulated the establishing of the evidences.
▪️And our Shaykh, the Allaamah, Yahya bin Ali Al-Hajoori, may Allah preserve him, was asked: "If we see a Muslim man doing major Shirk, but he's ignorant of this action due being new to the religion of Islam or grew up in a far remote place, so the evidences did not reach him.
What do we say? Do we expel him from the religion of Islam and apply the title Mushrik upon him, and treat him as a disbeliever before we establish the proof upon him or do we excuse him due to his ignorance?".

Whereby he replied, may Allah preserve him: "The Mushrik is a Mushrik. If he does what necessitates the ruling of Shirk being applied to him, he is ruled with it. And if he does Shirk it is ruled upon him with it, and his end result is to Allah. But for us is what is apparent from his actions and statements. People are not held to account except for what is apparent. The hearts are not examined as in the Hadith of 'Usaamah and as 'Umar, may Allah be pleased with him, said.

So whoever manifests good, they are judged according to what is apparent, and whoever manifests evil, they are judged according to what is apparent, and the end results of affairs are with Allah exalted is He and the most high if he is excused, if it as such that the evidence did not reach him, that is something else, as for whoever dies upon Shirk, it they have died upon what they are ruled upon". End. 26th Shawwaal 1443h
https://sh-yahia.net/show_sound_12176.html

[Page 41]
▪️ And Shaykh Saalih bin Abdulazeez Aali Shaykh, may Allah grant him success, said: "There are rulings relating to the dunya and there are rulings relating to the hereafter:
- The rulings relating to the dunya are in accordance to the apparent.
- The rulings relating to the hereafter is in accordance to the apparent and the inward.


There is nothing for the slaves except the apparent, and our lord majestic is He and the most high will take the inward to account, so if a group manifest disbelief, or a particular individual manifests Disbelief, then the scholars makes Takfeer of them as a particular (not just stating generally) if the conditions are met and the preventing matters are removed.

And whoever perpetrates Disbelief or perpetrates Shirk, regardless if they are excused or not excused, meaning the evidences are not established upon them, then they are a Disbeliever and a Musrik outwardly.

So whoever perpetrates Shirk is a Mushrik, because every newborn child is born upon the Fitrah (natural predisposition, and Allah the mighty and majestic has established the proofs of His one-ness in the souls and in what can be observed, and these proofs are an evidence against a person, in that they are not excused in the rulings relating to the dunya in committing Disbelief and Shirk, we intend when saying the rulings relating to the dunya what's connected to those that are culpable, and its connection to what they have commited of Shirk, in what relates to asking for forgiveness for them and slaughtering for them, and the likes of this.

As for the affairs which are to be returned to the ruler, like permitting their blood and wealth and battling, and the likes of this. This is only after warning and the establishment of the evidence.

So there is something connected to those that are culpable in what relates to them, and there is something what relates to the Imam.

So we have affairs which are connected to what's apparent, and other affairs which are connected to what's inward:
- The inward which is followed by some rulings of the Dunya like battling - and likes of this - after the establishment of the evidences.
- And the inward which is followed by some of the rulings of the Aakhirah, like the statement of most high:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].

For this reason the people of knowledge unanimously agreed upon that the people of Al-Fatarah are disbelievers and Mushriks, and they are not labelled with Islam". End from the tape <Eemaan>.

And in the first volume a number of the establishments of the Imams in this has preceded.

And success is with Allah.

▪️▪️◾️▪️▪️

[Page 42]
The eleventh matter: A clarification that the application of the title Mushrik upon particulars who are ignorant of Tawheed, from those that worship other than Allah: is an area of Consensus, as for the ruling the Disbelief which one is punished for, upon particulars, is a must that there's establishment of the evidence.

I say, seeking aid with Allah:

The opposers in this subject matter think that labeling the title of Shirk upon particulars who fell into major Shirk, those who worship other than Allah, is an affair which there is differing between the people of knowledge, this position the people of knowledge unanimously agreed upon its rejection, and they were severe against those that took it, as the relaying of their establishments preceded in the first volume (from page 27 to page 33) and (page 36 to page 43).

Where those many establishments clarified that they didn't differ in the ruling outward Disbelief and major Shirk upon particulars that worshipped other than Allah, contrary to the inward disbelief which one is punished for in the Hereafter, which is the one that makes their blood and their wealth permissible, by the ruler in the Dunya, so they don't apply this ruling upon particulars except after the establishing of the evidence, as the clarification of this preceded.

And the Imams of knowledge and the religion have clarified that the position of not applying this upon particulars who worship other than Allah, those that are ignorant of Tawheed:

Is something which entered upon the knowledge and the religion and the people of knowledge and religion, externally. And whoever attributes this to the Imams who are taken as examples, like Imam Muhammad bin Abdulwahaab, then this attribution is falsehood, as what's established with them, by unanimous agreement of those whose knowledge and religiosity is taken into consideration - as preceded in the first volume and will also come -:

[Page 43]
That those that attribute to Islam and worship other than Allah, then we rule upon them as particulars (not just stating generally) with the apparent of their action, in that they are a Mushrik, and the title of outward Disbelief is applied to them.

▪️This is the Allaamah Ishaaq the grandson of the Imam An-Najdi, may Allah have mercy upon them, relaying his position and the position of his grandfather Muhammad bin Abdulwahaab, may Allah have mercy upon them all, and he is the most knowledgeable of his grandfather and his establishments, whereby he said in his book <Takfeer Al-Mu'ayyin> in rebuke of not aligning the title of Shirk upon particulars who are ignorant of Tawheed: "It has reached us, and we have heard, of a group who claim knowledge and religion!! And from those who claim that they take Shaykh Muhammad bin Abdulwahaab as an example!!: That whoever makes Shirk with Allah and worship the idols, are not labelled with Disbelief and Shirk as particulars!!, and this is due to that some of them that uttered this heard some of the brothers lable Shirk and Disbelief upon those that supplicate to the Prophet ﷺ and beseech him for aid, then the man said to them: Disbelief is not to be labelled upon them, until he is made to know (1)!!". End of speech.

And the establishments of the Imams of the religion, in the relaying of the consensus upon this are many, as this preceded in the first volume, and from this is:

▪️The Allaamah, The Mufti, the Muhaqiq, Aba Butayn, may Allah have mercy upon him, whereby he relayed the consensus of the people of knowledge: "They mentioned many different types, unanimously agreed upon the Disbelief of its perpetrator, and they didn't make a difference between particular or others. Then they said: whoever apostates from Islam is killed after the request to repent, so they ruled apostasy upon them before the ruling upon them to being requested to repent, as requesting to repent is done after ruling apostacy, and requesting to repent is only done regarding particulars". "Ad-Durar As-Saniyyah" (402/10).

And he, may Allah have mercy upon him, also said: "And what I was asked about, on if it's permissible to specify a particular person with Disbelief if they perpetrate something of the things one is declared a disbeliever for?
The affair which the Book and the Sunnah point towards, and the consensus of the scholars, that the likes of Shirk by worshipping other than Allah exalted is He is Disbelief. So whoever commits something of this type or thinks it to be good: then this one there is no doubt in their Disbelief, and there is no harm regarding those who affairs of this have been verified to have occured, to say so-and-so disbelieved due to this action. What this clarifies is that: the scholars of fiqh mentioned many affairs in the subject matter of Apostacy which make a person become a disbeliever, an apostate. And they start this chapter by saying: whoever makes Shirk with Allah has disbelieved, and they rule upon them to being requested to repent, and then they either repent or they are killed, as requesting to repent is only done regarding particulars". "Ad-Durar As-Saniyyah" (2/242).

And the establishments of the Imams of the religion, in the relaying of the consensus upon this are many, as this preceded in the first volume, and from this is:
▪️The Allaamah Saalih Al-Fawzaan, may Allah preserve him, was asked: "Is this statement correct: "Whoever falls into a nullifier from the nullifiers of Islam, we don't rule upon a person as a particular". So we don't say: "You are a Disbeliever". But rather we rule upon their action or their statement to be disbelief?".

To which he replied: "This is the speech of the Murji'ah, you are repeating the speech of Murji'ah to us, this is the speech of the Murji'ah, rather we rule upon them in accordance to what their action or statement necessitates, and nothing but the apparent is for us, we don't search except for what's apparent, so whoever does an action of Disbelief we declare them to be a disbeliever, and whoever does Shirk we consider them a Mushrik, we don't have except the apparent, as for the hearts, none but Allah knows what's in it.

Okay if they started to supplicate to other than Allah, and worship the graves and the shrines and then died, are you going to wash them?! Will you pray over them whilst they are a Musrik, will you burry them in the Muslim cemetery whilst they are a Mushrik?! You don't have except what's apparent, you rule with the apparent affair, except if they were ignorant, and they don't know and are ignorant of the likes of these affairs, then you excuse them due to the ignorance (2), as for you to say: "We consider this Disbelief but the perpetrator isn't a Disbeliever?! How are they doing Disbelief and they are not Disbelievers?! How are they saying something which is Disbelief and they are not Disbelievers?! Yes".

Presenter: he says: upon particulars, is there stipulation for the conditions of Takfeer and its presence?

Whereby he, may Allah preserve him, replied: "Upon particulars and other than particulars, we only have what's apparent, O brothers, we don't have except what's apparent, we rule upon the people in what becomes apparent from them, as for the inward and the hearts, then none but Allah know it". End of speech.
Link to the audio: http://ar.salafishare.com/6dg

[Page 44]
___
1) I.e: until the evidences are established upon them.
2) I.e: The excuse in applying the punishment upon them in the worldly life, and the ruling of punishment upon them in the Hereafter.
▪️The statement of the Allaamah Ibn Utheymeen - may Allah have mercy upon him - whereby he said in his "Tafseer" (403/1): "How do we not declare him as a particular to be a Disbeliever?! If you see someone prostrating to an idol you don't make Takfeer upon him as a particular?! Because maybe his heart could be at rest with Eemaan?! This is a great mistake.

We rule upon the apparent, if we find a person not praying, we say: "This is a disbeliever" with all that our mouths can utter with, if we see someone prostrating to an idol we say: "This is a disbeliever", we specify them, and make them abide to the rulings of Islaam, if he doesn't then we kill him (1), as for what relates the Hereafter, we don't testify to anyone specifically, not with Jannah nor the fire, except those that the Prophet ﷺ testified for, or it came in the Qur'an". End of speech

I say:
His statement: "if we see someone prostrating to an idol we say: "This is a disbeliever", we specify them" this is clear in that he made it a principle, and that this ruling of his is implemented upon particulars and specific people (not just said generally), so he ruled upon them that they are Disbelievers and a Mushrik specifically due to their out ward Disbelief and their Shirk, without making a difference or an elaboration in them being ignorant or not.

◾️And the major scholars: Abdullah and Ibraheem the sons of Shaykh Abdullateef, and also Suleiman bin Sahmaan, may Allah have mercy upon them, said: "And as for his statement: "A person as a particular, if they were to say that - i.e what necessitates disbelief - then there is no ruling upon them of Disbelief until the evidences are established upon them which they disbelieve by, and this is in the obscured intricate affairs which the proofs thereof could go obscured to some of the people ... as for what occurs from them in clear-cut affairs, manifest affairs, or what is known from the religion by necessity, then here there is no withholding from the Disbelief of the one that says it". "Ad-Durar As-Saniyyah" (433/10).

And the speech of the Imams of the religion in the clarification of this is much, and more explanation and clarification will come, with the permission of Allah.


▪️▪️◾️▪️▪️


[Page 45]
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1) What's intended with those implementing this is the figures of authority of the Muslims.
2024/05/13 01:55:27
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