Series of answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the questions of the followers of his Facebook page, "Fiqhi"
Answer to a Question
To: Anis Mejri
Question:
Assalamu Alaikum,
The greatest Hadith in creed (Aqeedah) is an Ahad (solitary) Hadith, which is the Hadith where Jibril came to ask the Messenger of Allah ﷺ, where the Prophet said: "Do you know who the questioner was?" They said, "Allah and His Messenger know best." He said, "That was Jibril, who came to teach you your religion." This is an Ahad report in creed; why then do we reject it?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Firstly: It seems you did not fully grasp the answer we issued on 09/10/2022 regarding the consideration of Hadith as evidence in Shari'ah rulings. You did not understand it correctly, for we do not say that the Ahad report is rejected; rather, we say it is obligatory to act upon it. However, it is not considered a definitive (Qat'i) evidence in creed (Aqeedah). That is, Ahad Hadiths are not used as proof for creeds because the Ahad Hadith is speculative (Zanni)... and not taking creeds from speculation is not an innovation; rather, it is inscribed in the Book of Allah. There are many verses in which Allah censures those who take creed from speculation. Allah (swt) says:
إِنْ هِيَ إِلَّا أَسْمَاءٌ سَمَّيْتُمُوهَا أَنْتُمْ وَآبَاؤُكُمْ مَا أَنْزَلَ اللَّهُ بِهَا مِنْ سُلْطَانٍ إِنْ يَتَّبِعُونَ إِلَّا الظَّنَّ وَمَا تَهْوَى الْأَنْفُسُ وَلَقَدْ جَاءَهُمْ مِنْ رَبِّهِمُ الْهُدَى
"They are not but [mere] names you have named them - you and your forefathers - for which Allah has sent down no authority. They follow not except assumption and what [their] souls desire, and there has already come to them from their Lord guidance." (Surah An-Najm [53]: 23)
And Allah (swt) says:
إِنَّ الَّذِينَ لَا يُؤْمِنُونَ بِالْآخِرَةِ لَيُسَمُّونَ الْمَلَائِكَةَ تَسْمِيَةَ الْأُنْثَى * وَمَا لَهُمْ بِهِ مِنْ عِلْمٍ إِنْ يَتَّبِعُونَ إِلَّا الظَّنَّ وَإِنَّ الظَّنَّ لَا يُغْنِي مِنَ الْحَقِّ شَيْئاً
"Indeed, those who do not believe in the Hereafter name the angels female names. And they have thereof no knowledge. They follow not except assumption, and indeed, assumption avails not against the truth at all." (Surah An-Najm [53]: 27-28)
And Allah (swt) says:
وَمَا يَتَّبِعُ أَكْثَرُهُمْ إِلَّا ظَنّاً إِنَّ الظَّنَّ لَا يُغْنِي مِنَ الْحَقِّ شَيْئاً
"And most of them follow not except assumption. Indeed, assumption avails not against the truth at all." (Surah Yunus [10]: 36)
And Allah (swt) says:
الَّذِينَ يُجَادِلُونَ فِي آيَاتِ اللَّهِ بِغَيْرِ سُلْطَانٍ أَتَاهُمْ كَبُرَ مَقْتاً عِنْدَ اللَّهِ وَعِنْدَ الَّذِينَ آمَنُوا
"Those who dispute concerning the signs of Allah without an authority having come to them - great is [that] hatred in the sight of Allah and in the sight of those who have believed." (Surah Ghafir [40]: 35)
And Allah (swt) says:
وَكَيْفَ أَخَافُ مَا أَشْرَكْتُمْ وَلَا تَخَافُونَ أَنَّكُمْ أَشْرَكْتُمْ بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ عَلَيْكُمْ سُلْطَاناً
"And how should I fear what you associate while you do not fear that you have associated with Allah that for which He has not sent down to you any authority?" (Surah Al-An'am [6]: 81)
And many other verses...
These verses are explicit in censuring those who follow speculation (Dhann), and in censuring those who follow without an authority (Sultan), i.e., without definitive evidence. Censuring and condemning them is evidence of a decisive prohibition against following speculation, and a decisive prohibition against following that for which definitive evidence has not been established... and because these verses were restricted to creeds, they are specific to creed... all of this indicates definitively that creeds must be established upon definitive evidence, otherwise they are not considered as such, and it is not permissible for their evidence to be speculative. The verses indicate two things: first, the impermissibility of believing based on speculative evidence, which is what the verses of Dhann (speculation) indicate. Second: the obligation to establish definitive evidence for the creed for it to be a creed, which is what the verses of Sultan mubin (clear authority) indicate... this is regarding creeds.
As for Shari'ah rulings (Ahkam Shari’ah), it is permissible for their evidence to be speculative; it is not required to be definitive. Rather, it is permissible for it to be speculative, as it has been established by the text of the Noble Qur'an that judgment is passed based on the testimony of two witnesses. The Messenger of Allah ﷺ also passed judgment based on the testimony of one witness and the oath of the claimant, and he accepted the testimony of one woman regarding breastfeeding. All of this is Ahad report, and judgment is binding, and this binding is nothing but acting upon the Ahad report. Using the Ahad report as evidence to issue a ruling, such as accepting testimony and judging accordingly, is all in the realm of action, i.e., in the Shari'ah ruling. The Companions (ra) used to accept the word of a single messenger informing them of a Shari'ah ruling, such as the matter of facing the Kaaba. Muslim narrated that Abdullah bin Umar said:
بَيْنَا النَّاسُ بِقُبَاءٍ فِي صَلَاةِ الصُّبْحِ إِذْ جَاءَهُمْ آتٍ فَقَالَ: إِنَّ رَسُولَ اللَّهِ ﷺ قَدْ أُنْزِلَ عَلَيْهِ اللَّيْلَةَ قُرْآنٌ، وَقَدْ أُمِرَ أَنْ يَسْتَقْبِلَ الْكَعْبَةَ فَاسْتَدَارُوا إِلَى الْكَعْبَةِ..
"While the people were at Quba performing the Morning Prayer, someone came to them and said: 'A portion of the Qur'an has been revealed to the Messenger of Allah ﷺ tonight, and he has been commanded to face the Kaaba, so face it.' Their faces were toward Ash-Sham, so they turned toward the Kaaba."
Likewise, the matter of the prohibition of alcohol, as Al-Bukhari narrated that Anas bin Malik (ra) said:
مَا كَانَ لَنَا خَمْرٌ غَيْرُ فَضِيخِكُمْ هَذَا الَّذِي تُسَمُّونَهُ الْفَضِيخَ، فَإِنِّي لَقَائِمٌ أَسْقِي أَبَا طَلْحَةَ وَفُلَاناً وَفُلَاناً إِذْ جَاءَ رَجُلٌ فَقَالَ: وَهَلْ بَلَغَكُمْ الْخَبَرُ؟ فَقَالُوا: وَمَا ذَاكَ؟ قَالَ: حُرِّمَتْ الْخَمْرُ. قَالُوا: أَهْرِقْ هَذِهِ الْقِلَالَ يَا أَنَسُ. قَالَ: فَمَا سَأَلُوا عَنْهَا وَلَا رَاجَعُوهَا بَعْدَ خَبَرِ الرَّجُلِ
"We had no wine except this Fadhikh of yours which you call Fadhikh. I was standing and serving it to Abu Talha and so-and-so and so-and-so, when a man came and said: 'Has the news reached you?' They said: 'What is that?' He said: 'Wine has been forbidden.' They said: 'Pour out these jars, O Anas.' He said: they did not ask about it nor did they refer back to it after the man's news."
All of this leaves no doubt that speculative evidence can be used to establish a Shari'ah ruling.
It is from Allah's grace upon us that He has forbidden us from taking creed from speculation and made it based on definitive evidence so that the Ummah may unite upon it without disagreement. Thus, the creed remains pure and clear without one Muslim declaring his Muslim brother a disbeliever (Takfir) due to their disagreement over a speculative Hadith in creed. This is because disagreement in creed is a path to disbelief, unlike a Shari'ah ruling based on an Ahad Hadith. Disagreement in a Shari'ah ruling is not necessarily a path to disbelief; so he who says Muzara'ah (sharecropping) is permissible because he has sound Ahad Hadiths does not declare as a disbeliever the one who forbids Muzara'ah because he has other sound Ahad Hadiths, and so on... From this perspective, it is permissible to act upon both definitive and speculative evidence in Shari'ah rulings, while not taking the speculative in creed because creeds are taken with certainty (Yaqin).
Secondly: Furthermore, not taking the Ahad Hadith in creed was the position held by the pillars of the jurists. Imam Abdul-Rahim bin Al-Hasan bin Ali Al-Isnawi Al-Shafi'i (d. 772 AH) mentioned in his book Nihayat al-Sul Sharh Minhaj al-Wusul: "Know that the expression 'evidence' (adilla) excludes many of the foundations of jurisprudence (Usul al-Fiqh), such as generalities (umum), Ahad reports, analogy (qiyas), istishab (presumption of continuity), and others. For although the scholars of Usul concede to acting upon them, they do not consider them 'evidences' for jurisprudence, but rather 'indicators' (amarat) for it, because for them, 'evidence' is only applied to that which is definitive." Thus, the scholars of Usul do not consider the evidences of Fiqh—meaning the evidences for Shari'ah rulings—as "evidences" (adilla), but rather consider them "indicators" (amarat) for Shari'ah rulings. This is because speculative evidence is not considered "evidence" by them, but rather an "indicator," since "evidence" for them is only applied to that which is definitive. Therefore, the evidences for the foundations of religion (Usul al-Din) must be definitive. Ibrahim bin Musa bin Muhammad al-Lakhmi al-Gharnati, known as Al-Shatibi (d. 790 AH), said in his book Al-Muwafaqat: "The foundations of jurisprudence in religion are definitive, not speculative. The proof for this is that they refer back to the universals of the Shari'ah, and whatever is such is definitive... If it were permissible to make the speculative a foundation in Usul al-Fiqh, it would be permissible to make it a foundation in Usul al-Din (creed), which is not the case by consensus. So it is the same here, because the relation of Usul al-Fiqh to the Shari'ah is like the relation of Usul al-Din to it." Thus, he argues that the foundations of jurisprudence are definitive because they are like the foundations of religion, and the foundations of religion are by consensus definitive, and the foundations of religion are themselves the creeds (Aqeedah)... etc.
Thirdly: Despite this, there is a matter that must be emphasized, which is that not taking something as a decisive creed from the speculative does not mean rejecting what is in these Hadiths or not believing in what came in them. Rather, it means not taking them as a "decisive creed" for which a Muslim declares his brother a disbeliever based on speculation, which causes much division... It states in Al-Kurrasah, page 12: "...The prohibition of believing in the speculative does not mean rejecting what is in these Hadiths or not believing in what came in them; rather, it only means the absence of absolute conviction (Jazm) in what is in these Hadiths. However, they are accepted and believed, and what came in them is believed with a non-decisive belief. What is forbidden is the 'conviction' in them, i.e., the Jazm in them. Rather, some of them have texts demanding action, so they are acted upon. Narrated by Abu Hurairah, he said: The Messenger of Allah ﷺ said:
«إِذَا فَرَغَ أَحَدُكُمْ مِنَ التَّشَهُّدِ الأَخِيرِ فَلْيَتَعَوَّذْ بِاللَّهِ مِنْ أَرْبَع، مِنْ عَذَابِ جَهَنَّمَ، وَمِنْ عَذَابِ الْقَبْرِ، وَمِنْ فِتْنَةِ الْمَحْيَا وَالْمَمَاتِ، وَمِنْ فِتْنَةِ الْمَسِيحِ الدَّجَّالِ»
'When any of you finishes the last Tashahhud, he should seek refuge with Allah from four things: from the punishment of Hell, from the punishment of the grave, from the trials of life and death, and from the trial of the Antichrist (Al-Masih ad-Dajjal).' (Reported by Ibn Majah)
And from Aisha, that the Prophet ﷺ used to supplicate in the prayer:
«اللَّهُمَّ إِنِّي أَعُوذُ بِكَ مِنْ عَذَابِ الْقَبْرِ، وَأَعُوذُ بِكَ مِنْ فِتْنَةِ الْمَسِيحِ الدَّجَّالِ، وَأَعُوذُ بِكَ مِنْ فِتْنَةِ الْمَحْيَا وَفِتْنَةِ الْمَمَاتِ، اللَّهُمَّ إِنِّي أَعُوذُ بِكَ مِنْ الْمَأْثَمِ وَالْمَغْرَمِ»
'O Allah, I seek refuge with You from the punishment of the grave, and I seek refuge with You from the trial of the Antichrist, and I seek refuge with You from the trials of life and death. O Allah, I seek refuge with You from sin and debt.' (Reported by Al-Bukhari)
These two Hadiths are Ahad reports, and they contain a request for an action, which is the request to perform this supplication after finishing the Tashahhud. Thus, the supplication is recommended (Mandub) after finishing the Tashahhud, and what is mentioned in them is believed and acted upon, but it does not become a decisive creed as long as it has come in an Ahad Hadith, i.e., with speculative evidence. If it comes through Tawatur (recurrent reports), then at that point it becomes obligatory to believe it as a decisive creed...]" End quote.
Fourthly: Now we come to the Hadith of Jibril (as) mentioned in the question, which is the Hadith narrated by Al-Bukhari from Abu Hurairah and narrated by Muslim and others from Abu Hurairah and from Umar bin Al-Khattab, in which Jibril asks the Messenger of Allah ﷺ about Islam. The Messenger of Allah ﷺ said:
«الْإِسْلَامُ أَنْ تَشْهَدَ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّداً رَسُولُ اللَّهِ ﷺ وَتُقِيمَ الصَّلَاةَ وَتُؤْتِيَ الزَّكَاةَ وَتَصُومَ رَمَضَانَ وَتَحُجَّ الْبَيْتَ إِنْ اسْتَطَعْتَ إِلَيْهِ سَبِيلاً»
"'Islam is that you bear witness that there is no god but Allah and that Muhammad is the Messenger of Allah ﷺ, establish the prayer, give the Zakat, fast Ramadan, and perform the pilgrimage to the House if you are able to find a way to it.' He said: 'You have spoken the truth.' He (Umar) said: 'We were amazed at him asking him and then confirming him!' He said: 'Tell me about Iman (Faith).' He said:
«أَنْ تُؤْمِنَ بِاللَّهِ وَمَلَائِكَتِهِ وَكُتُبِهِ وَرُسُلِهِ وَالْيَوْمِ الْآخِرِ وَتُؤْمِنَ بِالْقَدَرِ خَيْرِهِ وَشَرِّهِ»
'That you believe in Allah, His angels, His books, His messengers, the Last Day, and that you believe in Al-Qadar (divine decree), both its good and its evil.' He said: 'You have spoken the truth.' ... He (Umar) said: 'Then he left, and I stayed for a while. Then he said to me: "O Umar, do you know who the questioner was?" I said: "Allah and His Messenger know best." He said: "That was Jibril; he came to teach you your religion."'
This is a sound (Sahih) Hadith that cannot be rejected, as it does not contradict a definitive text, but it alone is not sufficient as evidence in creed... Nevertheless, the total sum of the creedal matters mentioned in it have appeared in other definitive evidences. The pillars of faith (Iman) have been mentioned in noble Qur'anic verses, as have the pillars of Islam... So, the entirety of what was mentioned in the Hadith are matters established by other definitive evidences besides this Hadith. Thus, they are taken in creed because of their definitive evidences, such as His (swt) saying:
يَا أَيُّهَا الَّذِينَ آمَنُوا آمِنُوا بِاللَّهِ وَرَسُولِهِ وَالْكِتَابِ الَّذِي نَزَّلَ عَلَى رَسُولِهِ وَالْكِتَابِ الَّذِي أَنْزَلَ مِنْ قَبْلُ وَمَنْ يَكْفُرْ بِاللَّهِ وَمَلَائِكَتِهِ وَكُتُبِهِ وَرُسُلِهِ وَالْيَوْمِ الْآخِرِ فَقَدْ ضَلَّ ضَلَالاً بَعِيداً
"O you who have believed, believe in Allah and His Messenger and the Book that He sent down upon His Messenger and the Scripture which He sent down before. And whoever disbelieves in Allah, His angels, His books, His messengers, and the Last Day has certainly gone far astray." (Surah An-Nisa [4]: 136)
And His (swt) saying:
آمَنَ الرَّسُولُ بِمَا أُنْزِلَ إِلَيْهِ مِنْ رَبِّهِ وَالْمُؤْمِنُونَ كُلٌّ آمَنَ بِاللَّهِ وَمَلَائِكَتِهِ وَكُتُبِهِ وَرُسُلِهِ لَا نُفَرِّقُ بَيْنَ أَحَدٍ مِنْ رُسُلِهِ وَقَالُوا سَمِعْنَا وَأَطَعْنَا غُفْرَانَكَ رَبَّنَا وَإِلَيْكَ الْمَصِيرُ
"The Messenger has believed in what was revealed to him from his Lord, and [so have] the believers. All of them have believed in Allah and His angels and His books and His messengers, [saying], 'We make no distinction between any of His messengers.' And they say, 'We hear and we obey. [We seek] Your forgiveness, our Lord, and to You is the [final] destination.'" (Surah Al-Baqarah [2]: 285)
Likewise, belief in Al-Qadar (divine decree) in the sense of Allah's knowledge and the writing in the Preserved Tablet (Al-Lawh al-Mahfuz). Allah (swt) says:
وَكَانَ أَمْرُ اللَّهِ قَدَراً مَقْدُوراً
"And ever is the command of Allah a destiny decreed." (Surah Al-Ahzab [33]: 38)
قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْراً
"Allah has already set for everything a [decreed] extent." (Surah At-Talaq [65]: 3)
مَا فَرَّطْنَا فِي الْكِتَابِ مِنْ شَيْءٍ
"We have not neglected in the Register a thing." (Surah Al-An'am [6]: 38)
كَانَ ذَلِكَ فِي الْكِتَابِ مَسْطُوراً
"That has ever been in the Book inscribed." (Surah Al-Isra [17]: 58)
So nothing happens except that Allah has already decreed it and recorded it in the Book, i.e., it was preceded by Allah's knowledge. Thus, Al-Qadar is a metaphor for Allah's knowledge, just as the Book is a metaphor for Allah's knowledge. Accordingly, Al-Qadar in Shari'ah means what preceded in Allah's knowledge. This is its meaning as it appeared in the texts of the Qur'an and the texts of the Sunnah.
Likewise, the pillars of Islam are in the Book of Allah:
فَاعْلَمْ أَنَّهُ لَا إِلَهَ إِلَّا اللَّهُ وَاسْتَغْفِرْ لِذَنْبِكَ وَلِلْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ وَاللَّهُ يَعْلَمُ مُتَقَلَّبَكُمْ وَمَثْوَاكُم
"So know that there is no deity except Allah and ask forgiveness for your sin and for the believing men and believing women. And Allah knows your movement and your resting place." (Surah Muhammad [47]: 19)
مُحَمَّدٌ رَسُولُ اللَّهِ وَالَّذِينَ مَعَهُ أَشِدَّاءُ عَلَى الْكُفَّارِ رُحَمَاءُ بَيْنَهُمْ تَرَاهُمْ رُكَّعاً سُجَّداً يَبْتَغُونَ فَضْلاً مِنَ اللَّهِ وَرِضْوَاناً
"Muhammad is the Messenger of Allah; and those with him are forceful against the disbelievers, merciful among themselves. You see them bowing and prostrating [in prayer], seeking bounty from Allah and [His] pleasure." (Surah Al-Fath [48]: 29)
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
"O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous." (Surah Al-Baqarah [2]: 183)
وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ وَارْكَعُوا مَعَ الرَّاكِعِينَ
"And establish prayer and give Zakat and bow with those who bow [in worship and obedience]." (Surah Al-Baqarah [2]: 43)
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلاً
"And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way." (Surah Ali 'Imran [3]: 97)
Thus, the Hadith is not rejected, but rather it is understood in its proper context as explained above.
I hope the matter has become clear.
Your brother, Ata Bin Khalil Abu al-Rashtah
11 Jumada al-Ula 1444 AH Corresponding to 05/12/2022 CE
Link to the answer from the Ameer's page (may Allah protect him) on Facebook