Sunday, July 29, 2012

Using a Siwak After Noon to Remove Changes Unrelated to Fasting

According to Sheikh Ibn Hajar, it is disliked to use a siwak after noon, even to remove changes to the mouth unrelated to fasting, such as sleep. However, Sheikh Muhammad al-Ramli held that using a siwak after noon in such instance is not disliked (BaFaraj 831).
--
The scholars agree that it is disliked to use a siwak after noon so long as the mouth does not change through an event unrelated to fasting. But when such event that normally calls for the use of siwak, such as sleep, does the disliked-nature remain, or does it goes away--since one is essential using the siwak to remove a change unrelated to the fast? Sheikh Ibn Hajar inclined to the view that the disliked-nature remains. In Tuhfat al-Muhtaj, Ibn Hajar states,


If one absentmindedly eats after noon, thereby causing a change in the mouth, or sleeps and wakes up,  it is still disliked to use the siwak according to the soundest-view. The reason for this is that an unrelated change does not entirely consume the     changes brought about through fasting. Even in this scenario the change brought about through fasting is removed…

Sheikh Shihab al-Din al-Ramli held the view that using a siwak in the aforementioned situation not disliked. Shihab al-Din from al-Tabari who wrote in his commentary of al-Tanbih that: “If one’s mouth changes after noon by sleep or something with a bad smell reaching the mouth, it is not disliked to use a siwak in such case (qtd in Hashiyah Asna al-Mutalib). Shihab al-Din’s son followed this view and wrote in Nihayat al-Muhjat: “If one’s mouth changes from sleep and the like after noon one may use the siwak to remove the change. This is what my father gave fatwa upon…” Sheikh Khatib al-Shirbini also inclined towards this view in Mughni al-Muhtaj (Hitou 831-832). 


Reference: BaFaraj, Umar. Fath al-'Aliyy. Editor. Dr. Shifa Hitou. Dar al-Minhaj 2010, Jeddah. 





Thursday, June 21, 2012

Taking From Mawquf Water

Sheikh Muhammad Salih al-Ra'is al-Makki was asked about washing more than three times in water which is mawquf for wudhu and ghusl when the water is more than two qullahs. Below is the fatwa printed in the margins of Sheikh Ibrahim al-Maghribi's Qurrat al-Ayn bi-Fatawa 'Ulama al-Haramayn. Q. Regarding water in a large tub--containing two qullahs or more--which has been endowed for ablution and the purificatory bath, is it permissible to wash each limb more than three times since the water will fall from the limb back into the tub? Some fiqh books mention that it is disliked to wash more than three times when the water belongs to one, and it is unlawful when the water is an endowment. However, the scholars do not differentiate between water from a tap and water from a tub. In the first instance, the extra water (used to wash more than three times) is wasted, while in the second scenario the water goes back into the tub. Is the unlawful nature of washing more than three times from endowed water absolute (mutlaqan) or is it restricted to water from a tap? A. Yes, it is absolutely unlawful to wash more than three times from endowed water. This has been explicitly stated by Ibn Hajar and Ramli in their works. The reason for this is that the waqif has not allowed the water to be used in this way. As for the the questioner's statement that the water returns back into the tube, certainly not all of the water returns, for some water remains on the limbs. And Allah knows best (5).

Tuesday, November 22, 2011

Is'ad al-Rafiq wa Bughyat al-Sadiq

Is'ad al-Rafiq wa Bughyat al-Sadiq, by Sheikh Muhammad bin Salim bin Sa'id BaBusayl al-Shafi'i. The work is a commentary of Habib 'Abd Allah bin Husayn bin Tahir's famous Sullam al-Tawfiq. http://www.mediafire.com/?g4kcjqk76ecmio5

Sunday, September 18, 2011

Latest Publications (Dar al-Minhaj)

as Salamu alaikum,

For the past decade, Dar al-Minhaj Pub. in Jeddah has published an array of hi-quality Shafi'i fiqh works. Their publications of various mutun have been and are currently used by teachers and students in Tarim and other places. Dar al-Minhaj has edited and published works such as: al-Risalat al-Jami'ah, Nayl al-Raja, Bushra al-Karim, Abu Shuja'a, Kifayat al-Akhyar, al-Yaqut al-Nafis, Safwat al-Zubad, 'Umdat al-Salik and Minhaj al-Talibin. All of these mutun make up a traditional Shafi'i fiqh syllabus. Dar al-Minhaj has also published extraordinary encyclopedic-reference works such as: Nihayat al-Matlab, al-Bayan and al-Najm al-Wahhaj.

This year, Dar al-Minhaj printed a number of key reference works and study mutun. Below are some of these publications:

1. al-'Ubab al-Muhit bi-Mu'dham Nusus al-Shafi'i wa al-Ashab, by the judge, jurist and scholar of exacting verification Ahmad bin Muhammad al-Zabidi, famously known as al-Muzajjad(847-930)

al-Muzajjad described this work as, "a treasure drove that a faqih can carry in his sleeve, and a swelling wave condensing the major works..."

al-'Ubab is, in its very essence, a summary of Rawdhat al-Talibin by Imam al-Nawawi, and the author added additional furu' from the various works of the Ashab.

Ibn Hajar al-Haytami and Muhammad al-Ramli both wrote commentaries on al-'Ubab.

al-'Ubab was printed a number of times by Dar al-Kutub al-'Ilmiyyah but none of these prints were critical editions.

Saturday, September 17, 2011

Why do Hadramis prefer Imam Ibn Hajar?

بسم الله الرحمن الرحيم

I submitted a question to the ifta department of Ribat Tarim regarding Hadramis inclination towards the views of Imam Ibn Hajar al-Haytami in cases where Ibn Hajar and Imam Muhammad al-Ramli differ. Below is a translation of my question and their answer:

It is well-known that the scholars of Hadramawt follow Ibn Hajar in formal-
legal verdict. Why do the scholars prefer Ibn Hajar over al-Ramli when al-Ramli was also a high-ranking faqih with an expansive breadth of knowledge?

In the name of Allah, Most Merciful, Most Compassionate. All praise is due to Allah, lord of the entire universe. Blessings and peace on our master Muhammad, the noblest of all prophets and messengers, and on his family and companions, one and all.

To commence;

The questioner asks, "Why do the scholars of Hadramawt prefer Ibn Hajar over al-Ramli in formal legal verdict and what is the reason for their inclination towards Ibn Hajar?"

A 13th century scholar of Hadramawt by the name of Habib 'Abd Allah bin 'Umar bin Yahya was asked this very same question. Habib 'Abd Allah bin Yahya stated that there are four reasons why the Hadramis prefer Ibn Hajar over al-Ramli:

1. Ibn Hajar's knowledge of hadith sciences was extensive.

2. Ibn Hajar practiced tasawwuf and he did not oppose Sufis.

3. Ibn Hajar had extreme love for the Ahl al-Bayt.

4. Ibn Hajar possessed a firm understanding of usul al-fiqh, and because of that, his argument and evidence is usually strong.

It is for these four reasons that the scholars of Hadramawt favor Ibn Hajar; however, al-Ramli's position is followed in some issues.

(Conclusion of the answer)



I remember my teacher in Ribat stating a fifth reason: Ibn Hajar had an enormous amount of adab with Imam al-Nawawi. My teacher explained that some fuqaha dealt with al-Nawawi's inaccurate views in a harsh manner, but Ibn Hajar refrained from a stern tone in dealing with such issues.

Also, one should not deduce from Habib 'Abd Allah bin Yahya's statement that al-Ramli was weak in hadith, opposed Sufism, did not love the Ahl al-Bayt or was not well-versed in usul al-fiqh. Additionally, I have not al-Ramli harshly criticize any views of al-Nawawi in his central work, Nihayat al-Muhtaj.



Allah Most High knows best

Fath al-Mu'in (explained)

as Salamu alaikum,

Find below: Fath al-Mu'in Sharh Qurrat al-'Ayn of Imam Zayn al-Din al-Mallibari explained by the Syrian scholar Sheikh Rushdi al-Qalam.

http://www.archive.org/details/FathAlMo3en

Monday, June 20, 2011

Usul al-Fiqh works from the time of al-Shafi'i to al-Zarkashi

1.al-Risalah:authored by Imam Muhammad ibn Idris al-Shafi'i(d.204). The Risalah that we have today is al-Risalat al-Jadidah which al-Shafi'i authored in Egypt before his demise. The work has been published in various editions,though the most famous and best edition is the print that Ustadh Ahmad Shakir edited.

2. al-Tabsirah fi Usul al-Fiqh:authored by Imam Abu Ishaq al-Shirazi(d.476). The work was published by Dar al-Fikr in 1980 along with Dr.Hasan Hitou's tahqiq which was his doctoral thesis submitted to al-Azhar.

3. al-Luma':authored by al-Shirazi in which he summarized the above work al-Tabsirah. The work was published by Dar ibn Kathir in 1995 along with Muhyi al-Din Mastu and Yusuf Badawi's tahqiq.

4. Sharh al-Luma':authored by al-Shirazi himself and published by Dar al-Gharb al-Islami in 1988 with the tahqiq of Dr.'Abd al-Majid Turki.

Sheikh Yasin al-Fadani commented on al-Luma' in his Bughyat al-Mushtaq which has been published by Mu'assas al-Risalah with the late Dr.Mustafa al-Khinn's tahqiq. The work was also commented upon by the contemporary Javanese scholar Sheikh Sahl Mahfudh.

5. al-Burhan: authored by Imam al-Haramayn al-Juwayni(d.478)and published by Dar al-Wafa',4th edition,in 1418(h.)with Dr.'Abd al-Adhim al-Dib's tahqiq.

6. al-Talkhis:authored by al-Juwayni and published by Dar al-Basha'ir in 1996 with Dr.'Abd Allah al-Naybali.

7. al-Waraqat: authored by al-Juwayni. It is the shortest abridged work in the science of usul. It's wording is packed with meaning and beneficial usuli points.

8. al-Mankhul:authored by Imam Abu Hamid al-Ghazali(d.505)in which he abridged al-Juwayni's al-Burhan. The work was published by Dar al-Fikr in 1998 (3rd edition) with Dr.Hitou's tahqiq.

9. Shafa' al-Ghalil:by al-Ghazali and published by Matba' al-Irshad in 1971 with Dr.al-Kubaisi's tahqiq.

10. al-Mustasfa:by al-Ghazali and published by Mu'assas al-Risalah in 1997 with Dr.Muhammad Sulayman al-Ashqar's tahqiq.

11. Asas al-Qiyas:by al-Ghazali and published by al-'Obeikan in 1993 with Dr.Fahd al-Sarhan's tahqiq.

12. al-Wusul ila al-Usul:by Imam Sharaf al-Din bin 'Ali, also known as Ibn Barhan al-Baghdadi(d.518). This work was heavily influenced by al-Juwayni's al-Burhan and was published by in two volumes by Maktab al-Ma'arif in Riyadh(1983)with Dr.'Abd al-Hamid 'Ali's tahqiq.

13. al-Mahsul fi-'Ilm al-Usul:by Imam Fakhr al-Din al-Razi(d.606). al-Mahsul is considered to be an encyclopedia of Usul al-Fiqh. The work was published by Imam Sa'ud University(1979)with Dr.Taha Jabir al-'Alwani's tahqiq. al-Mahsul was published a second time in 1999 by al-Maktab al-'Asriyyah.

14. al-Ma'alim:by al-Razi, published by Dar 'alim al-Ma'rifah in 1993 with 'Adil 'Abd al-Mawjud's tahqiq.

15. al-Kashif 'an Usul al-Dala'il wa Fusul al-'Ilal:by al-Razi, first published by Dar al-Jalil in 1992 with Dr.Ahmad Hijazi's tahqiq.

16. al-Tanqih:by al-Tabrizi(d.621). The work is an abridgment of al-Razi's Mahsul and was edited by Dr.Hamza Zuhayr Hafidh as part of his doctoral thesis submitted to Umm al-Qura in 1402.h.

17. al-Ihkam fi Usul al-Ahkam:authored by Imam Sayf al-Din al-Amidi(d.631). This work was published by Dar al-Kutub al-'Ilmiyyah with Ustadh Ibrahim al-'Ajuz's tahqiq.

18. al-Hasil:authored by the pupil of Imam al-Razi, Imam Taj al-Din al-Armawi(d.653). al-Hasil is an abridgment of al-Razi's Mahsul and was published by the University of Qaryounis in Libya(1994)with Dr.'Abd al-Salam Abu Naji's tahqiq.

19. al-Muhaqqaq fi 'Ilm al-Usul fi-ma yata'allaqu bi-Af'al al-Rasul:authored by Imam Abu Shamah al-Maqdisi(d.665). The work was published in 1988 by Mu'assas Qurtuba with Ustadh Ahmad al-Kuwaiti's tahqiq.

20. al-Tahsil fi 'Ilm Usul al-Fiqh: by Imam Siraj al-Din al-Armawi(d.682) in which he abridged al-Razi's Mahsul. The work was published by Mu'assas al-Risalah in 1988 with Dr.'Abd al-Hamid Abu Zunayd's tahqiq.

21. Minhaj al-Wusul ila 'Ilm al-Usul: authored by Qadhi Nasir al-Din al-Baydhawi(d.685). The Minhaj is considered to be one of the most important abridged works in the science of usul for the Shafi'is.

22. al-Kashif 'an al-Mahsul:authored by Imam Shams al-Din al-Asfahani(d.688). This work is a commentary of Razi's Mahsul and it was published in 1998 by Dar al-Kutub al-'Ilmiyyah with 'Adil 'Abd al-Majid's tahqiq.

23. Mi'raj al-Minhaj sharh Minhaj al-Wusul:authored by Imam Shams al-Din al-Jazari(d.711). Mi'raj is a commentary of Baydhawi's Minhaj,Dr.Sha'ban Muhammad Isma'il edited this work for his doctoral thesis submitted to al-Azhar in 1975.This work was published with the aforementioned tahqiq in 1993 by Matba'al-Husayn in Cairo.

24. Niyahat al-Wusul fi Dirayat al-Usul:authored by Imam Safi al-Din al-Hindi(d.715). The work was published in 1996 by al-Maktabat al-Tijariyah with Dr.Salih al-Yusuf and Dr.S'ad bin Salim's tahqiq.

25. al-Siraj al-Wahhaj fi sharh al-Minhaj:authored by Imam Fakhr al-Din al-Jarabardi(d.746). al-Siraj is another commentary of Baydhawi's Minhaj and was published by Dar al-Mi'raj al-Dawliyah in 1998(2nd edition)with Dr.Akram bin Muhammad bin Husayn's tahqiq.

26. Sharh al-Minhaj fi 'Ilm al-Usul:authored by Imam Shams al-Din Mahmud al-Asfahani(d.749). Another commentary on Baydhawi's work, published in 1410.h by Maktabat al-Rushd in Riyadh with Dr.'Abd al-Karim al-Namlah's tahqiq.

27. Talqih al-Fahum fi tanqih siyagh al-'umum: authored by Imam Salah al-Din al-'Ala'i(d.761) and published in Saudi Arabia in 1983 with Dr.'Abd Allah Ali al-Shaykh's tahqiq.

28. Tahqiq al-Murad fi anna al-nahiy yaqtadhi al-fasad: by al-'Ala'i,published by Dar al-Fikr in 1982 with Dr.Ibrahim Muhammad Salqini's tahqiq.

29. al-Ibhaj fi sharh al-Minhaj:authored by Imam Taqi al-Din al-Subki(d.756)and completed by his son Taj al-Din(d.771).al-Ibhaj is considered to be one of the most important commentaries upon Baydhawi's work. Maktabat al-Azhariyah published this work in 1981 with Dr.Sha'ban Muhammad Isma'il's tahqiq.

30. Raf' al-Hajib 'an Mukhtasar Ibn al-Hajib:by Imam Taj al-Din al-Subki. Subki's work is a commentary upon Ibn al-Hajib's(d.646)famous mukhtasar Muntaha al-Sul wa al-Amal. Raf' al-Hajib was first published in 2000 by Dar 'Alam al-Kutub along with 'Adil 'Abd al-Majid's tahqiq.

31. Jam' al-Jawami':by Imam Taj al-Din al-Subki. Jam' al-Jawami' is considered to be among the most famous works in Shafi'i usul. The work's content is full of meaning and for this reason many commentaries and glosses have been written on Jam' al-Jawami'.

32. Nihayat al-Sul fi sharh Minhaj al-Usul:authored by Imam Jamal al-Din al-Isnawi(d.772). Nihayat al-Sul is among the most famous commentaries of Baydhawi's work. The work was published along with Sheikh Muhammad al-Muti'i's hashiyah by Dar 'Alam al-Kutub in 1982.

33. al-Bahr al-Muhit fi Usul al-Fiqh:authored by Imam Badr al-Din al-Zarkashi(d.794). al-Bahr al-Muhit is an encyclopedia of usul in which al-Zarkashi presented many views of the usuliyyin. al-Bahr was published a number of times, the newest edition was published by Dar al-Kutub al-'Ilmiyyah in 2000 with Ustadh Muhammad Tamir's tahqiq.

See pages 563-573 of al-Madkhal ila Madhhab al-Imam al-Shafi'i by Dr.Akram Yusuf al-Qawasimi.

والحمدلله