(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut Tahrir, to Questions from the Visitors of his Facebook Page "Fiqhi")
Question:
To Moadh Seif Elmi: (Our virtuous Sheikh, Assalamu Alaikum.. Is the Hadith about the Muslims coming out in two rows led by Umar and Hamza weak, with thanks?)
And to Andalusi Maqdisi Andalus: (Peace be upon you, our virtuous Sheikh,
In the answer to your question regarding demonstrations, you—may Allah protect you—cited a Hadith: "Abu Nu’aym Ahmad bin Abdullah bin Ahmad bin Ishaq bin Musa bin Mehran al-Asbahani (died 430 AH) narrated in his book 'Hilyat al-Awliya wa Tabaqat al-Asfiya' from Ibn Abbas, who said: I asked Umar (ra): 'For what reason were you named al-Faruq?' He said: 'Hamza embraced Islam three days before me, then Allah expanded my chest for Islam... I said: Where is the Messenger of Allah ﷺ? My sister said: He is in the house of al-Arqam bin al-Arqam at as-Safa. So I came to the house... and I said: I bear witness that there is no god but Allah alone, without partner, and I bear witness that Muhammad is His servant and Messenger. He said: Then the people of the house uttered a Takbir that was heard by the people of the Masjid. He said: I said: O Messenger of Allah, are we not upon the truth whether we die or live? He said: 'Yes, by Him in Whose Hand is my soul, you are upon the truth whether you die or live.' He said: So I said: Then why the concealment? By Him Who sent you with the truth, you shall go out. So we took him out in two rows, Hamza in one of them and I in the other, making a sound like the grinding of flour, until we entered the Masjid. He said: Then Quraysh looked at me and at Hamza, and they were struck by a sadness like they had never been struck before. So the Messenger of Allah ﷺ named me al-Faruq on that day, and Allah distinguished between truth and falsehood.'" End quote.
Upon tracking this Hadith, Al-Albani mentioned it is munkar (rejected), and most scholars of Hadith weakened it. My question has two parts: First, is it permissible to use a weak Hadith as evidence? If yes, then when do we use it and how do we judge it? If the answer is no, then do you have—may Allah benefit us with your knowledge—a graduation (takhrij) other than the one mentioned in the question? May Allah bless you and grant you success. Abdullah al-Shami)
Answer:
(Peace be upon you and the mercy of Allah and His blessings,
The two questions are on the same subject, so here is the answer:
My dear brothers, if you read that someone has weakened a narration, it does not necessarily mean it is definitively weak. For example, there are some "Sheikhs" who weakened Hadiths in Bukhari and Muslim, i.e., they weakened Hadiths narrated by the two whom the Ummah has accepted their narrations with approval and reassurance. Bukhari and Muslim observed great and mighty standards in the authenticity of the narration in terms of chain (sanad) and text (matn)... yet there appeared those who weakened Hadiths in them!
Yes, if a Hadith is proven to be weak, it is not permissible to use it as evidence. However, some Hadith scholars may judge a Hadith as weak, while others judge it as hasan (good/fair) and suitable for citing as evidence. Anyone who has knowledge of Hadith and its foundations (usul) knows this issue, as it is well-known among Hadith scholars and Mujtahidin. Thus, you find this one citing this Hadith while that one does not... We have explained these matters in detail in our book The Islamic Personality, Volume 1, in the chapter "The Accepted Hadith and the Rejected Hadith," and the chapter "Considering Hadith as Evidence in Sharia Rules."
Now we answer you regarding the going out of the Sahaba in Mecca after the conversion of Umar (ra) to Islam:
The narration mentioned in the answer to the question was narrated by Abu Nu’aym Ahmad bin Abdullah bin Ahmad bin Ishaq bin Musa bin Mehran al-Asbahani (died 430 AH) in his book Hilyat al-Awliya wa Tabaqat al-Asfiya. Abu Nu’aym is a trustworthy hafiz. Al-Zarkali said about him in A’lam al-Nubala:
Abu Nu’aym (336 - 430 AH = 948 - 1038 AD) Ahmad bin Abdullah bin Ahmad al-Asbahani, Abu Nu’aym: a hafiz, historian, and one of the trustworthy in memorization and narration.
He was born and died in Isfahan. Among his works are Hilyat al-Awliya wa Tabaqat al-Asfiya (10 volumes), and Ma’rifat al-Sahaba, a large work... and Tabaqat al-Muhaddithin wa al-Ruwat, Dala'il al-Nubuwwah, Dhikr Akhbar Isfahan, and the book al-Shu'ara. End quote.
Therefore, it is possible to rely on his narration about the Muslims coming out in two rows after Umar’s conversion to Islam.
Furthermore, it is not the only narration; rather, there are other authentic narrations:
- It was stated in al-Mustadrak 'ala al-Sahihayn by al-Hakim:
عَنْ عُثْمَانَ بْنِ عَبْدِ اللَّهِ بْنِ الْأَرْقَمِ، عَنْ جَدِّهِ الْأَرْقَمِ، وَكَانَ بَدْرِيًّا، وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم آوَى فِي دَارِهِ عِنْدَ الصَّفَا حَتَّى تَكَامَلُوا أَرْبَعِينَ رَجُلًا مُسْلِمَيْنِ، وَكَانَ آخِرَهُمْ إِسْلَامًا عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُمْ، فَلَمَّا كَانُوا أَرْبَعِينَ خَرَجُوا إِلَى الْمُشْرِكِينَ
"...from Uthman bin Abdullah bin al-Arqam, from his grandfather al-Arqam, who was a veteran of Badr. The Messenger of Allah ﷺ took shelter in his house near as-Safa until they reached forty Muslim men. The last of them to embrace Islam was Umar bin al-Khattab (ra). When they became forty, they went out to the polytheists..." Al-Hakim said: This is a Hadith with a Sahih chain, though they (Bukhari and Muslim) did not narrate it, and al-Dhahabi agreed with him.
- In al-Tabaqat al-Kubra by Ibn Sa’d: He said: ...from Yahya bin Imran bin Uthman bin al-Arqam, who said: I heard my grandfather Uthman bin al-Arqam saying: "I am the son of the seventh in Islam; my father embraced Islam as the seventh of seven. His house in Mecca was on as-Safa, and it was the house where the Prophet ﷺ used to be at the beginning of Islam. In it, he called people to Islam, and many people embraced Islam there. On a Monday night, he said in it: 'O Allah, strengthen Islam with the more beloved of the two men to You: Umar bin al-Khattab or Amr bin Hisham.' So Umar bin al-Khattab came the next morning...
فأسلم في دار الأرقم، وخرجوا منها فكبروا وطافوا البيت ظاهرين
...and embraced Islam in the house of al-Arqam, and they went out from it, uttered Takbir, and performed Tawaf around the House openly, and the house of al-Arqam was called the House of Islam..."
- Ibn Ishaq said in al-Sirah al-Nabawiyyah: (Umar said at that time: By Allah, we are more entitled to call out with Islam... Let the deen of Allah appear in Mecca. If our people intend transgression against us, we will fight them, and if our people are just, we will accept from them...
فخرج عمر وأصحابه، فجلسوا في المسجد
...So Umar and his companions went out and sat in the Masjid. When Quraysh saw Umar's conversion to Islam, they were disheartened.)
- The subject of the "two rows" was also mentioned by Taqi al-Din al-Maqrizi in Imta’ al-Asma’, Husayn bin Muhammad al-Diyar Bakri in Tarikh al-Khamis fi Ahwal Anfas al-Nafis, Muhammad Abu Shahbah in al-Sirah al-Nabawiyyah 'ala Daw' al-Qur'an wa al-Sunnah, Safiur Rahman al-Mubarakpuri in al-Rahiq al-Makhtum... and others.
This is while drawing attention to the fact that the opinion on the permissibility of demonstrations and marches is not based only on these narrations. Demonstrations and marches are a style (uslub) for expressing an opinion and conveying a thought, exactly like leaflets, lectures, seminars, videos, and other means and styles. The default rule (al-asl) regarding styles and means is permissibility (ibahah) unless evidence exists to prohibit some of them, at which point they are prevented. These means and styles move the people to carry Islam, adhere to it, and interact with it. The Party carries out these actions according to what is available to it on the condition that the Party establishes and manages it alone with its own banners and slogans and gathers people under its own leadership... It is not done jointly with others where everyone raises their own banner and slogans... The Party does not do this nor act upon it. What we can do under our management and leadership, we do. There may be a time when we cannot, and another time when we can... This is like the style of the Media Offices; it was difficult during the time of Abu Ibrahim (rh), and it was less difficult during the time of Abu Yusuf (rh), so he assigned me to be an official spokesperson in Jordan, and today, as you see, our Media Offices are prominent.
In conclusion, my two dear brothers, every action we perform and every step we take, we reflect upon and contemplate. We do not only stay away from the haram (forbidden), but also from what even approaches the dust of the dust of haram, relying on Allah (swt) in secret and in public, in the small and the large... We carry a responsibility that mountains would shrink from carrying. Do you think we could walk if the commitment to Sharia rules was not in our hearts, our tongues, and all our limbs?! We ask Allah for help and guidance to the most upright matter, and Allah protects the righteous.)
Your brother, Ata Bin Khalil Abu al-Rashtah
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