Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Amir of Hizb ut Tahrir, to Questions from Visitors to his Facebook Page "Fiqhi"
Answer to a Question
To: Mokliss Amin
Question:
Assalamu Alaikum,
I did not receive an answer to my first question, so I am attaching it to a second question which has priority:
Our virtuous Sheikh, may Allah bless you:
I seek assistance regarding the principle of Darar and Dirar (Harm and Reciprocating Harm) as stated in the book The Islamic Personality (Ash-Shakhsiyyah al-Islamiyyah) Volume III (according to my understanding). Is harm related to things (ashya) only and not actions (af'al)? If it is otherwise, is it correct to apply the principle of harm to the Corona pandemic and permit social distancing in prayer based on the probability of harm, namely infection? I hope for some detail regarding the deduction.
Answer:
Walaikum Assalam wa Rahmatullahi wa Barakatuh,
We have detailed the subject of the principle of harm in the book The Islamic Personality, Volume III, pages 471-475 (Word file version):
[The principle of harm includes two matters: One is that the thing itself is harmful, and no text (khitab) has been revealed by the Legislator (Ash-Shari') indicating a request to do it, a request to leave it, or a choice in it. In this case, its being harmful is evidence for its prohibition, because the Legislator has prohibited harm. Its maxim is: "The origin of harmful things is prohibition."
As for the second matter, it is where the Legislator has permitted a general thing (mubah), but harm is found in a specific instance of that permitted thing. In this case, that specific instance being harmful or leading to harm is evidence for its prohibition; because the Legislator prohibited the individual instance of the permitted matter if it is harmful or leads to harm. Its maxim is: "Every individual instance of a permitted matter (mubah), if it is harmful or leads to harm, that instance is prohibited, while the matter remains permitted."
Regarding the first rule, its evidence is the saying of the Prophet ﷺ:
لَا ضَرَرَ وَلَا ضِرَارَ فِي الْإِسْلَامِ
"There should be neither harming nor reciprocating harm in Islam." (Reported by At-Tabarani). Abu Dawood also narrated from the Hadith of Abu Sirmah Malik bin Qays al-Ansari that the Messenger of Allah ﷺ said:
مَنْ ضَارَّ أَضَرَّ اللَّهُ بِهِ، وَمَنْ شَاقَّ شَاقَّ اللَّهُ عَلَيْهِ
"Whoever harms others, Allah will harm him; and whoever is harsh with others, Allah will be harsh with him." These two Hadiths are evidence that the Legislator has prohibited harm...
As for the second rule, its evidence is that:
قَدْ كَانَ رَسُولُ اللَّهِ ﷺ حِينَ مَرَّ بِالْحِجْرِ، نَزَلَهَا، وَاسْتَقَى النَّاسُ مِنْ بِئْرِهَا، فَلَمَّا رَاحُوا قَالَ رَسُولُ اللَّهِ ﷺ: لَا تَشْرَبُوا مِنْ مَائِهَا شَيْئاً، وَلَا تَتَوَضَّئُوا مِنْهُ لِلصَّلَاةِ، وَمَا كَانَ مِنْ عَجِينٍ عَجَنْتُمُوهُ فَأَعْلِفُوهُ الْإِبِلَ، وَلَا تَأْكُلُوا مِنْهُ شَيْئاً، وَلَا يَخْرُجَنَّ أَحَدٌ مِنْكُمْ اللَّيْلَةَ إِلَّا وَمَعَهُ صَاحِبٌ لَهُ...
"When the Messenger of Allah ﷺ passed by Al-Hijr, he stopped there, and the people drew water from its well. When they moved on, the Messenger of Allah ﷺ said: Do not drink any of its water, nor perform ablution from it for prayer. Any dough you have kneaded with it, feed it to the camels and do not eat any of it. And let none of you go out tonight except with a companion..." (Narrated by Ibn Hisham in his Seerah). In this story, it is seen how the Messenger prohibited an individual instance of a permitted matter. Drinking water is mubah, but the Messenger ﷺ prohibited them from drinking this specific water from the well of Hijr and prohibited them from performing ablution with it. A person going out at night alone is mubah, but the Messenger prohibited them on 그 night from going out except with a companion. It later became clear that he only prohibited this water because of the harm proven to be in it, and he prohibited going out alone because of the harm proven to be in it... Therefore, the presence of harm did not prohibit what the Shari'ah permitted in general; rather, the presence of harm in a specific instance prohibits that instance, while the matter remains mubah, regardless of whether it is an action or a thing.
This applies if that permitted instance is itself harmful. If it leads to harm, the evidence for it is what was narrated:
أَنَّ رَسُولَ اللَّهِ ﷺ أَقَامَ بِتَبُوكَ بِضْعَ عَشْرَةَ لَيْلَةً لَمْ يُجَاوِزْهَا، ثُمَّ انْصَرَفَ قَافِلاً إِلَى الْمَدِينَةِ، وَكَانَ فِي الطَّرِيقِ مَاءٌ يَخْرُجُ مِنْ وَشَلٍ، مَا يُرْوِي الرَّاكِبَ وَالرَّاكِبَيْنِ وَالثَّلَاثَةَ، بِوَادٍ يُقَالُ لَهُ وَادِي الْمُشَقَّقِ، فَقَالَ رَسُولُ اللَّهِ ﷺ: مَنْ سَبَقَنَا إِلَى ذَلِكَ الْوَادِي فَلَا يَسْتَقِيَنَّ مِنْهُ شَيْئاً حَتَّى نَأْتِيَهُ...
"The Messenger of Allah ﷺ stayed in Tabuk for some ten nights and did not go beyond it. Then he departed returning to Madinah. On the way, there was water coming out of a trickle, not enough to satisfy one, two, or three riders, in a valley called Wadi al-Mushaqqaq. The Messenger of Allah ﷺ said: Whoever reaches that valley before us, let him not draw any water from it until we arrive..." (Narrated by Ibn Hisham in his Seerah). In this Hadith, the Messenger ﷺ prohibited drinking that small amount of water because it would lead to the army's thirst. He said: "Whoever reaches that valley before us, let him not draw any water from it until we arrive," and he cursed the two who had drawn water from it. This is evidence that he prohibited drawing from it until he arrived. Drawing water is mubah, and drawing from that water in that valley is not harmful in itself, but drawing from it before the arrival of the Messenger ﷺ and his distribution of it among the army would lead to depriving the army, i.e., it leads to harm. Thus, drawing from that valley was prohibited until he arrived...
Therefore, the fact that something leads to harm does not prohibit what the Shari'ah has permitted; rather, the fact that an individual instance of it leads to harm prohibits only that instance, but the matter remains mubah, whether it is an action or a thing. These Hadiths in these two cases—the case of the thing being harmful and the case of the thing leading to harm—are what the second rule was derived from, which is: "Every individual instance of a permitted matter, if it is harmful or leads to harm, that individual instance is prohibited, while the matter remains permitted," which is the second aspect of the principle of harm...] End quote.
By contemplating the principle of harm in both its parts, it becomes clear that it does not apply to what you mentioned about Corona in your question regarding social distancing, for the following reasons:
1- As for the first part of the rule, it requires that there be no text (nass) regarding the performance of that action, its omission, or a choice in it. If there is a text, the text is relied upon without bypassing it to discuss harm... This does not apply to distancing because there is a text regarding the straightening and joining of rows (tarass), meaning there is a prohibition against distancing. Therefore, this part of the rule cannot be applied to it under the pretext of harm.
2- As for the second part of the rule, the matter must be mubah (permitted), and then a prohibition comes regarding a part of it. The joining of rows (tarass) has texts that command it as an obligation (wujub) or recommendation (mandub), meaning it is not merely mubah. Thus, it falls outside the application of this rule.
3- Accordingly, the principle of harm is not applied here. Rather, the Shari'ah ruling regarding prayer in the mosque is sought in terms of joining the rows... It becomes clear that the Messenger ﷺ made the Friday prayer (Jumu'ah) obligatory and allowed the sick person not to go to the Friday or congregational prayer if he is ill:
A- As for Jumu'ah being an obligation, it is due to the saying of the Almighty:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." (QS. Al-Jumu'ah [62]: 9). Here, there is a prohibition of a permitted matter (trade) and a command to proceed to Jumu'ah, which is a decisive indication (qarinah jazimah) that Jumu'ah is an obligation (fard).
B- As for the sick person being exempted from the obligation of proceeding to Jumu'ah, it is due to what Al-Hakim narrated from Abu Musa, from the Prophet ﷺ, who said:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةً: عَبْدٌ مَمْلُوكٌ، أَوْ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ
"The Friday prayer is a mandatory right upon every Muslim in a congregation, except for four: a slave, a woman, a child, or a sick person." Al-Hakim said: "This Hadith is Sahih according to the conditions of the two Sheikhs (Al-Bukhari and Muslim), though they did not record it." Likewise, An-Nasa'i narrated from Ibn Umar from Hafsah, the wife of the Prophet ﷺ, that the Prophet ﷺ said:
رَوَاحُ الْجُمُعَةِ وَاجِبٌ عَلَى كُلِّ مُحْتَلِمٍ
"Going to the Friday prayer is obligatory upon every person who has reached puberty."
4- As for joining the rows (tarass), the text is clear in commanding it. Muslim narrated in his Sahih from Jabir bin Samurah, who said: The Messenger of Allah ﷺ said:
أَلَا تَصُفُّونَ كَمَا تَصُفُّ الْمَلَائِكَةُ عِنْدَ رَبِّهَا؟ فَقُلْنَا يَا رَسُولَ اللهِ، وَكَيْفَ تَصُفُّ الْمَلَائِكَةُ عِنْدَ رَبِّهَا؟ قَالَ: يُتِمُّونَ الصُّفُوفَ الْأُوَلَ وَيَتَرَاصُّونَ فِي الصَّفِّ
"Will you not form rows as the angels form rows before their Lord?" We said: "O Messenger of Allah, how do the angels form rows before their Lord?" He said: "They complete the first rows and join together closely (yatarassun) in the row."
Ahmad narrated from Abdullah bin Umar that the Messenger of Allah ﷺ said:
أَقِيمُوا الصُّفُوفَ فَإِنَّمَا تَصُفُّونَ بِصُفُوفِ الْمَلَائِكَةِ وَحَاذُوا بَيْنَ الْمَنَاكِبِ وَسُدُّوا الْخَلَلَ وَلِينُوا فِي أَيْدِي إِخْوَانِكُمْ وَلَا تَذَرُوا فُرُجَاتٍ لِلشَّيْطَانِ وَمَنْ وَصَلَ صَفّاً وَصَلَهُ اللَّهُ تَبَارَكَ وَتَعَالَى وَمَنْ قَطَعَ صَفّاً قَطَعَهُ اللَّهُ
"Straighten the rows, for you only form rows like the rows of the angels. Align the shoulders, close the gaps, be gentle in the hands of your brothers, and do not leave openings for the Shaytan. Whoever joins a row, Allah will join him; and whoever breaks a row, Allah will cut him off."
5- We have previously issued several detailed answers on this subject. I will suffice with reminding you of only two answers regarding this matter:
The first was on 17 Shawwal 1441 AH - 08/06/2020 CE, and I quote for you from what was stated in it:
(... Secondly: Accordingly, if the states in the Muslim lands compel worshippers to distance themselves from the one next to them by a meter or two, whether in Jumu'ah or congregational prayer, for fear of infection—especially without symptoms of illness—they are thereby committing a great sin, as this distancing is an innovation (bid'ah). This is because it is a clear violation of the manner of the rows and their joining (tarass) which the Messenger of Allah ﷺ clarified with Shari'ah evidences...
Thirdly: It cannot be said that the contagious disease is an excuse that permits distancing in prayer. This cannot be said because the contagious disease is an excuse for not going to the mosque, not an excuse to go and distance oneself from the worshipper next to him by a meter or two!! Contagious diseases occurred during the time of the Messenger of Allah ﷺ (the plague), and it was not reported from the Messenger ﷺ that the one infected with the plague should go to prayer and distance himself from his companion by two meters. Rather, he is excused and prays in his home... That is, the person with a contagious disease does not mix with the healthy, and adequate treatment is provided for him, by Allah's permission. As for the healthy person, he goes to the mosque and prays Jumu'ah and the congregation as usual without distancing... 17 Shawwal 1441 AH - 08/06/2020 CE) End quote.
The second answer was on 14/10/2020 CE, and I quote for you from it:
(... It is clear from the above that Jumu'ah is an individual obligation (fard ayn), and that it must be performed in the manner explained by the Messenger ﷺ with its pillars and conditions of validity, along with the joining of rows in the Shari'ah manner as we explained in our previous answers... The authority's prevention of performing it in this manner is a great sin that falls upon the shoulders of the authority, whether by the state closing the mosques or by preventing the performance in the Shari'ah manner...
And because Jumu'ah is an individual obligation, every responsible Muslim must proceed to it and perform it in the Shari'ah manner with its pillars, conditions of validity, and joining of rows... etc. If he is unable due to a physical hindrance or an oppressive ruler who prevents the performance of Jumu'ah in the Shari'ah manner and instead forces the worshippers into innovation by imposing distancing, and the worshipper is unable to prevent that, let him perform it according to his ability, and the oppressive ruler shall bear the sin...
The Messenger ﷺ said in what was narrated by Al-Bukhari and Muslim, may Allah have mercy on them, from Abu Hurayrah, may Allah be pleased with him:
وَإِذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ
"And if I command you to do something, then do of it as much as you can." The wording is Al-Bukhari's... So if the Muslim is able to pray Jumu'ah (the individual obligation) in joined rows, he must pray in this manner because distancing is an innovation as long as he can avoid it. But if he cannot due to the action of the sinful authority, then he prays in the manner possible for him. An-Nawawi (d. 676 AH) said in his book (Al-Minhaj Sharh Sahih Muslim bin Al-Hajjaj) in the explanation of this Hadith with the wording of Muslim from Abu Hurayrah: The Messenger of Allah ﷺ said: "...If I command you with something, do of it as much as you can." An-Nawawi said in his explanation: [(If I command you with something, do of it as much as you can): This is among the important principles of Islam and from the concise speech (jawami' al-kalim) given to him ﷺ. Countless rulings fall under it, such as prayer of all types; if one is unable to perform some of its pillars or some of its conditions, he performs the rest... and Allah knows best.]) End quote.
I hope this is sufficient regarding the subject of the Friday prayer.
The Conclusion: The healthy should perform the obligation of Jumu'ah, while the sick person is excused and does not go. If his illness is contagious, his not going to Jumu'ah is even more emphasized. As a matter of precaution and caretaking of affairs, the state should place health units near the mosques on Fridays to deal with any emergency situations.
As for your question about the principle of harm—whether it is related to the thing or the action—it relates to both, as we mentioned in what we quoted from the book The Islamic Personality, Volume III, "The Principle of Harm," and we highlighted the phrase "whether it is an action or a thing" in the text we quoted to emphasize that.
I hope this is sufficient, and Allah is the Most Knowing and Most Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
09 Shawwal 1442 AH Corresponding to 21/05/2021 CE
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