(Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut Tahrir, to the Questions of his Facebook Page Followers "Fiqhi")
To Om Ahmad
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu, our honorable Sheikh and Ameer, may Allah protect you and guide your steps.
I paused at a Hadith in the book The Islamic Personality (Ash-Shakhsiyyah al-Islamiyyah), Volume 2, in the lesson on "War Policy," page 192: "By Him whom I swear by, if Allah grants me victory over them, I will certainly mutilate seventy in your place." When I researched this Hadith, I found it to be weak (da’if), and no one authenticated it or acted upon it. As far as I know, we do not take from weak Hadiths. What is the reason for citing this Hadith, or is there another concept for its use here? Have I correctly understood that the ruling was not taken from the Hadith but from the noble Ayah: "And if you punish [an enemy, O believers], punish with an equivalent..." until the end of the Ayah? But why was it used as evidence? Please benefit us, and may Allah reward you with good.
Another question in the same book concerns slavery and its ruling; specifically about the ‘awrah of a female slave (amah). Could you clarify this matter further, as it was not mentioned in the book but has sparked controversy? Upon researching, I found that scholars differed on it. Could you provide us with the weightiest (rajih) opinion?
May Allah reward you with good.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu,
First: The First Question: You say, "I paused at the Hadith of Al-Tabarani in The Islamic Personality, Volume 2, in the lesson on 'War Policy,' page 192: 'By Him whom I swear by, if Allah grants me victory over them, I will certainly mutilate seventy in your place'..."
Answer: The subject of the question appears in The Islamic Personality, Volume 2, page 192, as follows:
"It has been narrated that the reason for the revelation (sabab al-nuzul) of this Ayah was that the polytheists mutilated the Muslims on the day of Uhud: they ripped open their bellies, cut off their private parts, and slit their noses. They left no one without mutilating them except Hanzalah bin Al-Rahib. The Messenger of Allah (saw) stood over Hamzah, who had been mutilated, and saw a sight that grieved him—his belly had been ripped open and his nose cut off. He said:
أَمَا وَالَّذِي أَحْلِفُ بِهِ لَئِنْ أَظْفَرَنِي اللهُ بِهِمْ لَأُمَثِّلَنَّ بِسَبْعِينَ مَكَانَكَ
'By Him whom I swear by, if Allah grants me victory over them, I will certainly mutilate seventy in your place.' Narrated by Al-Tabarani in Al-Kabir. Then this Ayah was revealed..." (End quote).
Yes, there are those who classified this Hadith as weak because its chain of narration includes Salih al-Murri. Al-Hafiz Ibn Kathir stated (2/592): "This is a chain that contains weakness because Salih is Ibn Bashir al-Murri, and he is weak according to the Imams."
However, on the other hand, several points can be considered:
- The narration of Salih al-Murri was recorded by Al-Hakim in Al-Mustadrak ‘ala al-Sahihayn in addition to Al-Tabarani in Al-Kabir. This is the text of Al-Hakim's narration (11/225, via Al-Shamilah):
4882 - Abu Bakr bin Ishaq narrated to us, from Muhammad bin Ahmad bin al-Nadr, from Khalid bin Khidash, from Salih al-Murri, from Sulayman al-Taymi, from Abu Uthman al-Nahdi, from Abu Hurayrah (ra), that on the day of Uhud, the Prophet (saw) looked at Hamzah, who had been killed and mutilated. He saw a sight more painful and alarming to his heart than any he had ever seen. He said:
رَحْمَةُ اللهِ عَلَيْكَ، قَدْ كُنْتَ وَصُولاً لِلرَّحِمِ، فَعُولاً لِلْخَيْرَاتِ، وَلَوْلَا حُزْنُ مَنْ بَعْدَكَ عَلَيْكَ لَسَرَّنِي أَنْ أَدَعَكَ حَتَّى تَجِيءَ مِنْ أَفْوَاهٍ شَتَّى
"May Allah have mercy on you; you were one who maintained ties of kinship and did many good deeds. Were it not for the grief of those [left] after you, it would have pleased me to leave you so that you might be gathered from the bellies of various [animals]." Then, while standing in his place, he swore:
وَاللهِ لَأُمَثِّلَنَّ بِسَبْعِينَ مِنْهُمْ مَكَانَكَ
"By Allah, I will certainly mutilate seventy of them in your place." Then the Quran was revealed while he was still standing in his place, not having moved:
وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُمْ بِهِ وَلَئِنْ صَبَرْتُمْ لَهُوَ خَيْرٌ لِلصَّابِرِينَ
"And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient - it is better for those who are patient." (Surah An-Nahl [16]: 126), until the end of the Surah. Then the Messenger of Allah (saw) offered expiation for his oath and refrained from what he intended.
Al-Hakim remained silent regarding it; he neither weakened it nor authenticated it... nonetheless, he included it in Al-Mustadrak ‘ala al-Sahihayn.
The Hadith was relied upon by some jurists in their books:
a. Abu Bakr Al-Shafi’i mentioned it in Al-Fawa’id, famously known as Al-Ghaylaniyyat, as he dictated it to his student Abu Talib Muhammad bin Ghaylan... Al-Dhahabi said of it in Al-Ibar (p. 27): "Ibn Ghaylan was the last to narrate those parts from him, which are of the highest elevation (uluww) in the heavens." Al-Kattani said in Al-Risalah al-Mustatrafah (p. 93): "It is among the highest and finest Hadiths."
The following appears in the book Al-Fawa’id: (232 - Abu Bakr al-Shafi’i dictated to us on Friday, the third of Muharram in the year 354 AH, saying: Hamid bin Muhammad narrated to us, from Bishr bin al-Walid, from Salih al-Murri, from Sulayman al-Taymi, from Abu Uthman al-Nahdi, from Abu Hurayrah, that the Messenger of Allah (saw) stood over Hamzah bin Abdul Muttalib when he was martyred. He looked at something more painful to his heart than anything he had ever seen. He saw that he had been mutilated and said: 'May Allah have mercy on you; as far as I knew, you were a doer of good and one who maintained ties of kinship. Were it not for the grief of those after me over you, it would have pleased me to leave you until you were resurrected from the bellies of various [animals]. By Allah, despite that, I will certainly mutilate seventy of them.' He said: 'Then Jibril descended while the Prophet (saw) was still standing, with the final verses of Surah An-Nahl: "And if you punish [an enemy, O believers], punish with an equivalent..." until the end of the Surah. So the Messenger of Allah (saw) was patient, offered expiation for his oath, and refrained from what he intended.')
b. The author of Al-Binayah Sharh al-Hidayah, Abu Muhammad al-Hanafi Badr al-Din al-Ayni (d. 855 AH), mentioned it in another narration from Abu Hurayrah: (I say: As for the words of Allah the Exalted: "Then punish...", Al-Tahawi—may Allah have mercy on him—narrated from Miqsam, from Ibn Abbas and from Abu Hurayrah (ra): "That he (saw) said when Hamzah (ra) was killed and mutilated: 'If I triumph over them, I will certainly mutilate seventy men.' In another narration: 'By Allah, I will certainly mutilate seventy men from among them.' So Allah the Exalted revealed: 'And if you punish...' [An-Nahl: 126], the Ayah. Then the Messenger of Allah (saw) was patient and offered expiation for his oath." Thus it is known that the Ayah was revealed concerning this matter...)
From all of this, we conclude that:
It is permissible to accept the Hadith as the reason for the revelation (sabab al-nuzul) of the Ayah in the chapter on "War Policy" in The Islamic Personality, Volume 2.
Second: The Second Question - Regarding the ‘awrah of a female slave (amah):
Answer: Firstly, I must say I do not know why you are asking this question, as there are no female slaves today! Regardless, the jurists differed regarding the ‘awrah of a female slave in front of a non-relative (ajnabi) man. Some made it like the ‘awrah of a free woman, others made it like the ‘awrah of a man, and some made it like the ‘awrah of a woman in front of her mahrams (unmarriageable kin), which is the view of the Hanafis. Each has their own ijtihad.
The opinion I lean toward is the Hanafi view: that the ‘awrah of a female slave in front of a non-relative man is like the ‘awrah of a woman in front of her mahrams, which we detailed in The Social System (An-Nidham al-Ijtima'i)—namely, the "places that are not normally beautified." From the front, this is from the knee to the base of the necklace on the neck; and from the back, from the knee to the upper back of the woman. All of this is ‘awrah for the female slave. This means it is permissible for her shins, neck, hair, and arms to be visible. However, it is not permissible for what is between the knee and the base of the neck to be seen from the front, nor what is between the knee and the base of the neck from the back. Her entire body is ‘awrah except for the hair, neck, shins, and arms.
There is no need to go into the details of the evidence, as the Caliph (Khalifah) adopts (yatabanna) the weightiest Shari'ah ruling according to his view. If he adopts the ruling that her ‘awrah is like that of a free woman, it is implemented. If he adopts the ruling that her ‘awrah is like that of a woman in front of her mahrams—which is the opinion I lean toward—then that is implemented.
Allah is most Knowing and most Wise.
Your brother, Ata bin Khalil Abu al-Rashtah
24 Shawwal 1439 AH Corresponding to 08/07/2018 CE
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