(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to his Facebook Page "Fiqhi")
To Bakr al-Sharbati
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh. I have questions I would like to pose to our virtuous scholar, may Allah protect him, regarding the book The Islamic Personality (Al-Shakhsiyyah al-Islamiyyah) Volume III.
The first question is regarding the topic: "That without which an obligation cannot be fulfilled is itself obligatory." It is stated in the book: "As for that whose obligation is conditional upon it, there is no dispute that attaining the condition is not obligatory; rather, the obligation is what the evidence brought as being obligatory, such as the obligation of a specific prayer (Salah), for it is conditional upon the existence of purification (Taharah)..." This sentence is understood, but the example is the point of confusion because purification is not a condition for the obligation of prayer, but rather a condition for its performance. I have seen in some books of Usul (Fundamentals) that they use "ability" (Istita'ah) for Hajj and "the passing of a year" (Al-Hawl) for the Nisab of Zakat as examples for this phrase. I found those examples closer to the intended meaning, so what is your opinion? May Allah reward you well on our behalf.
The second question is regarding the topic of the Mashhur (Famous) Hadith. The definition in the second edition was: "It is what was narrated by a number of Sahaba that does not reach the level of Tawatur (consecutive), then it became Mutawatir (consecutively narrated) during the era of the Tabi’in (Successors) and the Successors of the Successors." Then it was amended in the third edition to: "It is what is narrated by more than three in all its levels (layers) but does not reach the level of Tawatur." What confused me here is that the rest of the explanation following the definition, as well as the example given for the Mashhur Hadith, remained according to what suits the definition of the second edition; it is an explanation and example for the previous definition and not for the new one. May Allah reward you and bless you.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
First: The topic of "That without which an obligation cannot be fulfilled":
As you can see, dear brother, the beginning of the topic is "That without which an obligation cannot be fulfilled." Therefore, the discussion is about the implementation (execution) of the obligation and not about establishing the Shari'ah ruling of obligation (Wujub), recommendation (Mandub), or permissibility (Ibahah), etc. The subject is about the implementation of the obligation; if the implementation of the obligation cannot be completed except through a specific matter, then that matter becomes obligatory if it meets the conditions of the rule.
I reiterate that the topic is about the implementation of the duty, not about establishing its obligation. Based on this, what is mentioned in the book is understood. I will quote what appeared in the book regarding this point so you can see how it is understood in this context:
"That without which an obligation cannot be fulfilled is of two types: One is that its obligation is conditional upon that thing, and the second is that its obligation is not conditional upon it. As for that whose obligation is conditional upon it, there is no dispute that attaining the condition is not obligatory; rather, the obligation is what the evidence brought as being obligatory, such as the obligation of a specific prayer, for it is conditional upon the existence of purification. Thus, purification is not obligatory from the perspective of the address (Khitab) of the prayer, rather it is a condition for the performance of the obligation."
Now look at what you inquired about: "such as the obligation of a specific prayer, for it is conditional upon the existence of purification." You say in the question: "the example is the point of confusion because purification is not a condition for the obligation of prayer, but rather a condition for its performance." This statement is correct, but it does not contradict what is mentioned in the book if you grasp the context in which it was mentioned. It was mentioned in the context of "That without which an obligation cannot be fulfilled," and the meaning of the sentence that confused you is as follows:
"Such as the obligation of completing a specific prayer, for it is conditional upon the existence of purification," meaning the implementation of the prayer is not fulfilled except with the existence of purification. You might say, then why was that addition not mentioned, i.e., why did it not say "the obligation of completing a specific prayer"? The answer is because the research is about completing the obligation and not about establishing the obligation. This is a common practice in the books of Usul, i.e., omitting a specific word (idmar) if the context points to it. Here, the context indicates it. As you see at the end of the paragraph we quoted from The Islamic Personality Volume III, it states: "...Thus, purification is not obligatory from the perspective of the address of the prayer, rather it is a condition for the performance of the obligation." Is this not exactly what you mentioned in your question when you said: "because purification is not a condition for the obligation of prayer but rather it is a condition for its performance"? Is this not the very same thing mentioned in the book, may Allah have mercy on you?
As I mentioned earlier, it is apparent in the books of Usul that speech is shortened by omitting something if the context indicates it. This is clear when they speak about "That without which an obligation cannot be fulfilled":
For example, in the book Al-Mustasfa by Abu Hamid al-Ghazali al-Tusi, he says in the chapter: "The issue of that without which an obligation cannot be fulfilled...": "Purification in prayer must be described as an obligation when the prayer is obligatory." It is clear from this that it carries this meaning: "Like purification in prayer, it must be described as obligatory upon the obligation of completing the prayer," meaning the performance of the prayer, because the obligation of prayer as a Shari'ah ruling depends on evidence and does not depend on the obligation of purification.
For example, Al-Amidi, the author of Al-Ihkam fi Usul al-Ahkam, says regarding this issue: "That without which an obligation cannot be fulfilled," explaining it clearly: "If the Lawgiver (Ash-Shari') said: 'I have made prayer obligatory upon you if you are purified,'" it is clear from this statement that the intended meaning is: "I have made the performance of prayer obligatory upon you if you are purified." It is clear from this that purification is a condition for the performance of the prayer and not for its obligation. However, the context of the speech "That without which an obligation cannot be fulfilled" makes it unnecessary to mention the "completion of the obligation" or "performance" because it is clear from the context.
For example, in Sharh Mukhtasar al-Rawdah by its author Sulayman bin Abd al-Qawi al-Tufi al-Sarsari, he says regarding the issue of "That without which an obligation cannot be fulfilled": "Like the dependence of the existence of prayer upon purification." Perhaps this is slightly clearer than the previous two authors, as he mentioned "existence" instead of mentioning "obligation," but each of them intends the performance of the prayer because the context indicates that. The rule is "That without which an obligation cannot be fulfilled," so the discussion is about performance.
For example, it was mentioned in Al-Madkhal ila Madhab al-Imam Ahmad by Ibn Badran, and this man explained the intention more than his counterparts, saying regarding the issue of "That without which an obligation cannot be fulfilled":
"Know that this issue has two perspectives: The first is what the obligation of the duty depends on, and this is not obligatory by consensus, whether it is a cause (Sabab), a condition (Shart), or the absence of an impediment. The cause is like the Nisab, upon which the obligation of Zakat depends..." And you can see that this sentence "like the Nisab upon which the obligation of Zakat depends" means the obligation of performing Zakat.
He also says: "And the condition is like residency in the city, as it is a condition for the obligation of performing the fast..." and here he clarified the subject completely, and did not simply say "a condition for the obligation of the fast."
He also says: "Either it is a condition for the occurrence of the action or not a condition. If it is a condition, such as purification and other conditions for prayer..." and here he showed that purification is a condition for the occurrence of the action, i.e., the occurrence of the prayer, meaning for its performance.
Therefore, what we mentioned in The Islamic Personality at the beginning of the research on "That without which an obligation cannot be fulfilled is itself obligatory" is now clear, is it not? I repeat it:
"That without which an obligation cannot be fulfilled is of two types: One is that its obligation is conditional upon that thing, and the second is that its obligation is not conditional upon it. As for that whose obligation is conditional upon it, there is no dispute that attaining the condition is not obligatory; rather, the obligation is what the evidence brought as being obligatory, such as the obligation of a specific prayer, for it is conditional upon the existence of purification. Thus, purification is not obligatory from the perspective of the address of the prayer, rather it is a condition for the performance of the obligation." End quote.
As for what you mentioned at the end of the question that you read in some books of Usul that "they give examples of 'ability' for Hajj and 'the passing of a year' for the Nisab of Zakat," although these are somewhat clear, they do not differ much from what we mentioned. This is because "ability" is for the performance of Hajj and not for whether Hajj is obligatory in Islam or not; "ability" is regarding performance. As for "the passing of a year" (Al-Hawl) regarding the Nisab of Zakat, the famous point in this example is "the Nisab in the performance of Zakat," as we mentioned from the book Al-Madkhal ila Madhab al-Imam Ahmad. If you read the example under the rule "That without which an obligation cannot be fulfilled is itself obligatory" as "the Hawl in the Nisab," it would not be precise. Rather, the most precise is that the Nisab is for the obligation of performing Zakat, and the Hawl is a condition for the Nisab. This is because the obligation is Zakat, not the Nisab; and that without which the obligation cannot be fulfilled—meaning that without which the performance of Zakat cannot be fulfilled—is the ownership of the Nisab, and there is a condition for this Nisab, which is the passing of a year (Hawl) over it. In any case, there might be confusion unless you read it as: (The Nisab and the condition of Hawl for it are two obligations for the obligation of performing Zakat) or something similar... I hope that the matter has become crystal clear, by Allah's permission.
Second: Regarding the definition of Mashhur Hadith:
Before answering your question, I mention the following for your knowledge and as a preface to the answer:
1- We have been asked before about the definition of Mashhur Hadith found in our books, and that there is some difference... and we answered this issue as follows:
We said in The Islamic Personality Volume III:
a- Page 80, on the subject of Hadith: "And if it was narrated by a group of the Successors of the Successors, from a group of the Successors, from one or more of the Sahaba, whose number does not reach the level of Tawatur, then it is Mashhur..."
b- And on page 83 of the same book about the Mashhur Hadith: "The Mashhur Hadith is what is narrated by more than three in all its levels (layers) but does not reach the level of Tawatur."
We mentioned these two definitions in The Islamic Personality Volume I as well.
Both definitions are correct:
The first is for the Hanafis; they do not require a specific number of narrators in the era of the Sahaba; rather one or more is sufficient. However, they require a specific number in the era of the Successors and the Successors of the Successors, i.e., it is narrated by a group consecutively and becomes famous (Mashhur)...
The second is for the majority (Jumhur), specifically among the scholars of Hadith. They require a specific number in all three levels ("Sahaba, Successors, and Successors of Successors"), with a difference in the number; some require more than two in every level, and some require more than three...
(We have mentioned both definitions in our books, and they are both correct. Thus, there is no need to delete either of them; it is simply that we may attribute each definition to its people if we see that as necessary...)
2- Now we answer what you mentioned at the end of the question regarding what confused you about the explanation not being changed... Your observation is correct; we did not change the explanation. However, I draw your attention to an issue regarding the Mashhur Hadith, which is that there are those who do not describe the Mashhur Hadith as being from the solitary narrations (Ahad), and they say it provides a level of speculation (Dhann) that approaches certainty (Yaqin). So we focused on the fact that in all its states, it is a solitary narration (Khabar Ahad). The matter is either speculation or certainty, and there is no third option between them. There is nothing between speculation and certainty, nor is there anything that "approaches this or stays far from that"; therefore, there is no meaning to this saying. Thus, the Mashhur provides speculation... even if it became Mutawatir in the era of the Successors and the Successors of the Successors as some define it, it would not be Mutawatir. This is because the consideration for Tawatur is its consecutive narration from the Messenger of Allah ﷺ and not only its consecutive narration in the era of the Successors and Successors of the Successors. This issue was clear in the explanation. Nevertheless, we will see whether to change the explanation or keep it as it is if it does not affect the aforementioned issue.
For your information, the problem in the non-decisive definition of Mashhur stems from the implication of the word "Famous" (Mashhur). The fame of a Hadith depends on the one who interacts with this fame; one might be satisfied with the fame of a Hadith with a certain number that differs from the number taken by another regarding the fame of the Hadith. It is a technical term (Istilah) among the Mujtahidin and the People of Hadith; there is some difference in it, as we said earlier, in terms of the satisfaction with the implication of the fame of the Hadith. But in all cases, it remains among the Ahad Hadiths even if it provides more satisfaction due to its fame and the increased number of its narrators.
It is worth mentioning that fame (Shuhrah) in Hadith is its fame in the era of the Successors and Successors of the Successors. If it became famous after these two eras, then there is no consideration for that, and it is not called a Mashhur Hadith if it became famous among the people after these two eras. Among the Mashhur Hadiths is his saying ﷺ:
إِنَّمَا الأَعْمَالُ بِالنِّـيَّاتِ
"Actions are but by intentions." (Narrated by Al-Bukhari and Muslim)
3- In conclusion, although your two questions have a side of correctness, you nevertheless said in the first question: "so what is your opinion? May Allah reward you well on our behalf," and you said in the second question: "What confused me here is that the rest of the explanation..." I liked your manners in questioning, the precision of your thinking, and your good reflection on what is contained in our books. May Allah bless you for what He has honored you with of a sound mind and noble character. Allah be with you.
Wassalamu Alaikum Wa Rahmatullahi Wa Barakatuh.
Your brother, Ata Bin Khalil Abu al-Rashtah
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