Question:
We discussed the technical meaning of Bid'ah in one of our sessions. Some of us said it applies to every violation of the Legislator's (Shari') command, while others said it only applies to violating the Legislator's command in acts of worship (ibadat)... We hope for a clarification on this matter, and may Allah reward you with goodness.
Answer:
1- The commands of the Legislator (Shari') are of two types:
A type where the command form was revealed along with a clarification of the method of performing this command—that is, the practical procedures for implementation. For example, Allah (swt) says:
وَأَقِيمُوا الصَّلَاةَ
"And establish prayer." (Surah Al-Baqarah [2]: 43)
This is a command form, but it was not left to the human to pray however he wishes. Rather, other texts came to clarify the method of performance, including the opening takbir, standing, recitation, bowing, and prostration... Similarly, He (swt) said:
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ
"And [due] to Allah from the people is a pilgrimage to the House." (Surah Ali 'Imran [3]: 97)
This is a command form for Hajj (an informative statement with the meaning of a request), and then texts were revealed clarifying the method of performing this command for Hajj...
The second type is where the command form was revealed as general or absolute without a clarification of the method of performance—that is, without a clarification of the practical procedures for implementation.
For example, the saying of the Prophet (saw):
مَنْ أَسْلَفَ فِي شَيْءٍ فَفِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُومٍ
"Whoever pays in advance for something, let him do so for a known measure and a known weight for a known period." (Narrated by Al-Bukhari)
Here, the Salam (advance payment) is commanded using a conditional sentence structure. He commanded that the Salam contract must involve a known measure, weight, and period, but the Legislator did not clarify the procedural method of performance—such as whether the two contracting parties should stand facing each other, recite something from the Quran, then take a step forward, embrace, then discuss the subject of the Salam... followed by the offer and acceptance (Ijab and Qabul)...
Another example is his (saw) saying:
الذَّهَبُ بِالذَّهَبِ رِبًا إِلَّا هَاءَ وَهَاءَ
"Gold for gold is usury unless it is 'hand to hand' (exchanged on the spot)." (Narrated by Al-Bukhari and Muslim)
الذَّهَبُ بِالذَّهَبِ مِثْلًا بِمِثْلٍ وَالْوَرِقُ بِالْوَرِقِ مِثْلًا بِمِثْلٍ
"Gold for gold, equal for equal, and silver for silver, equal for equal." (Narrated by Al-Bukhari and Muslim)
This is a command (an informative statement with the meaning of a request), but he did not clarify the practical procedures for this exchange in the manner we mentioned previously.
Another example is that it is established that the Messenger (saw) commanded standing when a funeral procession passes, as in the Hadith of Muslim:
إِذَا رَأَيْتُمُ الْجَنَازَةَ فَقُومُوا لَهَا
"When you see a funeral procession, stand up for it..." (Narrated by Muslim)
The action of the Messenger is in the position of a request, i.e., a command, but he (saw) did not clarify the practical procedures for standing in the manner we explained in the first examples.
Thus, there are commands from the Legislator that were revealed with practical procedures for performance, and there are commands from the Legislator that were revealed as absolute or general without detailed practical procedures for the method of performance.
2- Violating the Legislator's command that was revealed with a specific method of performance is technically called Bid'ah (innovation) because it is not according to the method clarified by the Legislator. Bid'ah linguistically, as stated in Lisan al-Arab, is: "The innovator (al-mubtadi') is the one who initiates a matter not based on a previous likeness... and I initiated (abda'tu) the thing: I invented it not based on an example."
Technically, it is the same: violating a Shari'ah method clarified by the Shari'ah for performing a Shari'ah command. This meaning is the indication of the Hadith:
وَمَنْ عَمِلَ عَمَلًا لَيْسَ عَلَيْهِ أَمْرُنَا فَهُوَ رَدٌّ
"And whoever performs a deed that is not in accordance with our matter, it is rejected." (Narrated by Al-Bukhari and Muslim)
Thus, whoever prostrates three times in his prayer instead of two has brought a Bid'ah. Whoever throws eight pebbles instead of seven at the Jamarat in Mina has brought a Bid'ah... and every Bid'ah is a misguidance, and every misguidance is in the Fire; meaning, he sins for that action.
3- As for violating the Legislator's command that was revealed without a specific method of performance, this falls under the Ahkam Shar'iyyah (legal rulings). It is described as Haram (forbidden), Makruh (disliked), or Mubah (permissible) if it is defining speech (khitab taklif), or it is described as Batil (void) or Fasid (invalid) if it is declaratory speech (khitab wad'i). This is determined according to the context (qarinah) accompanying the command in terms of decisiveness, preference, or choice.
In our first example, if someone enters a Salam contract in violation of the Legislator's command—i.e., without a known measure, weight, and period—it is not said that he has brought a Bid'ah. Rather, it is said that this contract, which violates the Legislator's command, is void or invalid according to the type of violation.
In the second example, violating the command regarding "gold for gold, hand to hand, and equal for equal"—meaning if a man exchanged gold for gold in violation of the Legislator's command (not equal for equal or not hand to hand)—it is not said that he brought a Bid'ah by violating the command. Rather, it is said he committed a Haram (prohibition) by engaging in a usurious (riba) transaction.
Similarly, violating the command to stand for a funeral by remaining seated is not called a Bid'ah. Rather, it is said to be Mubah because Shari'ah texts were revealed for both cases. Muslim narrated from Ali bin Abi Talib (ra) who said:
قَامَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثُمَّ قَعَدَ
"The Messenger of Allah (saw) stood, then he sat." (Narrated by Muslim)
The same applies to violating the Legislator's command:
فَاظْفَرْ بِذَاتِ الدِّينِ تَرِبَتْ يَدَاكَ
"So marry the one who is religious, may your hands be rubbed with dust (otherwise)." (Narrated by Al-Bukhari)
Violating this is not called Bid'ah. Rather, the Shari'ah ruling related to marrying a non-religious woman is studied. This is because the Legislator did not clarify practical procedures for selection—such as the suitor standing before her and reciting Ayat al-Kursi, then taking a step and reciting the Mu'awwidhatayn, then taking another step and saying Bismillah, then extending his right hand and proposing...
Likewise, his (saw) saying:
يَا مَعْشَرَ التُّجَّارِ إِنَّ هَذَا الْبَيْعَ يَحْضُرُهُ اللَّغْوُ وَالْحَلِفُ فَشُوبُوهُ بِالصَّدَقَةِ
"O assembly of merchants, this trade is attended by idle talk and swearing, so mix it with charity." (Narrated by Abu Dawood and Ahmad)
This was directed to merchants due to their frequent swearing. The Legislator did not clarify detailed procedures for performing the command "so mix it" (fashubuuhu). Therefore, it is not said that a person who sells and uses swearing but does not give charity has brought a Bid'ah. Rather, the Shari'ah ruling related to the merchant's failure to give charity when swearing during a sale is studied.
This applies to the violation of all commands for which the Legislator did not provide a detailed method of performance.
4- By induction (istiqra') of the Shari'ah texts, it is found that only in most acts of worship (ibadat) were methods for performing the Legislator's command revealed—that is, practical procedures for implementing the command. Therefore, Bid'ah does not occur in matters other than worship, because it is in worship that practical procedures for implementing the Legislator's command were revealed.
We say "most" acts of worship because some of them did not have practical procedures for implementation revealed. For example, Jihad—although it is an act of worship—its commands were revealed as absolute or general:
قَاتِلُوا الَّذِينَ يَلُونَكُمْ مِنَ الْكُفَّارِ
"Fight those adjacent to you of the disbelievers." (Surah At-Tawbah [9]: 123)
جاهِدِ الْكُفَّارَ وَالْمُنَافِقِينَ وَاغْلُظْ عَلَيْهِمْ
"Strive against the disbelievers and the hypocrites and be harsh upon them." (Surah At-Tawbah [9]: 73)
No texts were revealed to clarify the method of performing these commands. For example, it was not revealed how to fight, such as reciting a verse, firing a shot, taking a step and firing another, then moving to the right... and so on. Therefore, whoever does not perform Jihad at a time when Jihad is required is not said to have brought a Bid'ah. Rather, it is said he committed a Haram (prohibition) for failing to perform Jihad.
5- In conclusion, violating a command of the Legislator for which the Legislator clarified the method of performance constitutes Bid'ah. Violating an absolute or general command of the Legislator for which the method of performance was not clarified falls under the Shari'ah rulings: either "Defining (Obligation): Haram, Makruh, Mubah" or "Declaratory: Batil, Fasid."
Since induction shows that most acts of worship included a method of performance, violating them falls under the chapter of Bid'ah.
As for the evidences for transactions (mu'amalat) or Jihad... they were revealed as absolute or general. Therefore, violating them falls under the chapter of Shari'ah rulings: "Defining: Haram, Makruh, Mubah" or "Declaratory: Batil, Fasid."
29 Ramadan 1430 AH 18/09/2009 CE