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al-Ḥanafiyyah | ٱلْمَذْهَب ٱلْحَنَفِيّ

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Ṣadr al-Sharīʿah Muftī Amjad ʿAlī Aʿẓamī al-Ḥanafī [d. 1367 AH] writes: 🔴In Hindūstān, it is reprehensible to mention the name of women in a gathering.🔴

➖ • Bahār-i-Sharīʿat, [7/14].

2	The Ruling on Denying the Obligation of the Caliphate 🔴We state that the obligation of appointing an Imām (leader) is a practical jurisprudential matter upon which consensus (ijmāʿ) has been established since the era of the ṣaḥāba. This has been transmitted via successive mass-narration (tawātur) from that era down to our present day. Thus, it constitutes a public consensus (ijmāʿ ʿāmm), recognized by both scholars and the general public and the ruling regarding such a consensus is that the agreed-upon matter becomes a matter of creed (ʿaqīdah), and one who denies it is deemed a non-muslim (kāfir). As for a specialized consensus (ijmāʿ khāṣṣ), which is known only to the jurist-scholars where they agree and achieve consensus, while the general public is unaware of it, the correct view is that one who denies and opposes it is designated as misguided (muḍallil) and innovator (mubtadiʿ), rather than a kāfir (non-muslim), though a faction of scholars has also held the view of his kufr.🔴 📌 • Allāmah Muḥammad Bakhīt al-Muṭīʿī al-Ḥanafī, Ḥaqīqatu al-Islām wa Uṣūlu al-Ḥukm.	247
3	🔴The word ‘fitnah’, in sharʿī terminology, refers to a state of the environment in which the distinction between truth and falsehood vanishes. The gravity of its consequence is not felt at its inception; it is only when the truth is eventually unveiled that one realizes it was indeed a fitnah.🔴 📌 • Imām al-Aṣr, Anwar Shāh Kashmīrī al-Ḥanafī, Nawādir e Kashmīrī.	301
4	RasūlAllāh_ﷺ_is_alive_in_his_noble_grave_Zayn_al_ʿĀbidīn_al_Ḥanafī.pdf	327
5	Discourse on Separation Between Mother and Child There is a prohibition of separating a mother and her child, scholars agreed on prohibiting the separation, through a sale [bayʿ], between a mother and her child, based on the established ḥadīth of Nabī Muḥammad ⚡️: 🔴Whoever separates a mother and her child, Allāh will separate him from his loved ones on the Day of Resurrection.🔴 📌 • al-Bayhaqī (6/97). If a mother is sold without her child, or vice versa, Abū Ḥanīfha stated: It is not annulled, but both the seller [bā’i‘] and the buyer [mushtarin] commit a sin. 📌 • Bidāyat al-Mujtahid wa-Nihāyat al-Muqtaṣid, Ibn Rushd al-Ḥafīd [d. 595 AH], v. 5, p. 23.	423
6	Redaction of the Point of Contention Between the Ashʿarīs and Māturīdīs The primary intent here is that the ultimate boundary of disagreement [ghāyat al-khilāf] between the Ḥanafī - Māturīdīs and the Ashʿarīs, assuming its reality, reduces to the permissibility of minor sins [ṣaghāʾir] occurring from Prophets (peace be upon them) after revelation [baʿd al-waḥy], either unconditionally (as stated by Qāḍī al-Bāqillānī), or by way of oversight [ʿalā sabīl al-sahw] (as stated by others), versus its absolute impossibility. [Imām al-Ījī in Al-Mawāqif (p. 359) and Imām al-Taftāzānī in Sharḥ al-ʿAqāʾid (p. 301) attributed this view to the majority [al-jumhūr], though this attribution is disputed, Imām Fakhr al-Dīn al-Rāzī in ʿIṣmat al-Anbiyāʾ (p. 9)] 🤔 The Ḥanafī Māturīdīs: Do not permit minor sins after revelation. [Ḥanafīs permit the occurrence of minor sins via inadvertence/oversight [sahwan], but not intentionally [ʿamdan].Ishārāt al-Marām (p. 322)] 🤔 The Ashʿarīs: Permit them with nuances. [A significant group among the Ashʿarīs also held the opinion of absolute prohibition/impossibility [al-manʿ]] ━━━━━━━━━━━━━━━━━━━━━━━━━━━━ The Ḥanafī Māturīdīs said that the minor sins are impossible, conjoined to an omitted clause; i.e., imposition of unendurable obligations [taklīf mā lā yuṭāq] is impermissible, and the issuance of minor sins [ṣaghāʾir] from a Prophet is impossible. The indefinite form [al-tankīr] here denotes generality [al-taʿmīm]. So that the analysis encompasses the divine immunity of every Prophet. An example of an indefinite noun imparting generality in an affirmative context [al-tankīr al-mufīd li-al-taʿmīm fī al-ithbāt] is the āyah: “A soul shall know what it has brought forth.” [Sūrat al-Takwīr: 14]. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Among the Ashʿarīs, there are two opinions. Some hold the position of prohibition/impossibility [al-manʿ], aligning with the Ḥanafīs; such as Abū Isḥāq al-Isfarāyīnī, senior scholar of the Ashʿarīs, and Qāḍī ʿIyāḍ al-Mālikī, author of Al-Shifā bi-Taʿrīf Ḥuqūq al-Muṣṭafā, who is among the eminent Ashʿarī ʿulamāʾ. The opinion prohibiting minor sins outweighs the opinion permitting them. Alternatively, it may refer to Qāḍī ʿIyāḍ himself, meaning he possesses distinction and preponderance [rujḥān] over other ʿulamāʾ in faḍl, zuhd, or over opposing scholars due to his strong defense of this position. The thorough verification [taḥqīq] of this issue depends upon defining divine immunity [ʿiṣmah], then distinguishing major sins [kabīrah] from minor sins [ṣaghīrah].	463
7	🔴The Ashʿarīs: They barred major sins [kabāʾir] unconditionally [Meaning: whether intentionally or inadvertently, which is interpreted as applying to the period after revelation [baʿd al-waḥy], given their internal dispute regarding permissibility prior to it], but permitted minor sins [ṣaghāʾir] when committed inadvertently or out of oversight [sahwan]. [Imām al-Taftāzānī in Sharḥ al-ʿAqāʾid al-Nasafiyyah (p. 301) reported consensus [ittifāq] on the permissibility of minor sins occurring through oversight, following Imām al-Ījī in Al-Mawāqif (p. 359). Shyakh al-Islām Zakariyyā al-Anṣārī critiqued this in Fatḥ al-Ilāh al-Mājid (p. 543), stating: “Qāḍī ʿIyāḍ and others recorded the non-permissibility of this; indeed, Ibn Burhān reported it as an agreement among the muḥaqqiqūn”] • Qāḍī Abū Bakr al-Bāqillānī: He stated in al-Ījāẓ: “Our Prophet Muḥammad (ﷺ) is immune [maʿṣūm] in that which he delivers on behalf of Allāh ʿAzza wa-jall, and likewise are all other Prophets (peace and blessings be upon them).” [The implicit understanding [mafhūm] of Qāḍī al-Bāqillānī's text is the absence of their immunity in matters outside of divine transmission [ghayr al-tablīgh], which is what has been transmitted from him regarding intentional minor sins (excluding major sins)] This specific extent of ʿiṣmah is agreed upon by consensus [mujmaʿ ʿalayhi], meaning: ʿiṣmah from distortion [taḥrīf] and treachery [khiyānah] in what they convey of sacred laws [sharāʾiʿ] and rulings [aḥkām]. However, according to al-Bāqillānī's reported view, they were not immune from committing minor transgressions [ṣaghāʾir al-dhunūb], nor from error [khaṭaʾ] or forgetfulness [nisyān], except that they were never left to persist in them. • The Polemic with the Rāfiḍah [Imāmī Shīʿah]: The disagreement is framed against the Rāfiḍah, who asserted that the Prophets (blessings and peace be upon them) were immune from all of that [including minor sins, inadvertent errors, and pre-prophetic sins], and they extended the same absolute immunity to the Imām. [Tanzīh al-Anbiyāʾ by al-Sharīf al-Murtaḍā (p. 15)]	386
8	The Immunity of Prophets — ʿIṣmat al-Anbiyāʾ It is said by the Ḥanafīs, minor sins [ṣaghāʾir] are impossible for a Prophet [Nabī]. While the Ashʿarīs said there are two positions regarding their impossibility. Impossibility of minor sins is reported from Qāḍī ʿIyāḍ, and this position possesses preponderance within the Muslim ummah [tarjīḥ]. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Is the immunity [ʿiṣmah] of Prophets (peace be upon them) from major sins [kabāʾir] and minor sins [ṣaghāʾir] rationally or textually obligatory [wājib], or is it not? Consensus [Ijmāʿ] of the General Muslim Ummah on Immunity from Kufr Immunity from unbelief [kufr] is established according to the generality of Muslims [this ijmāʿ is understood as ʿiṣmah from kufr after the commencement of prophethood [baʿd al-nubuwwah]], but not according to the Fuḍayliyyah [a Khārijite sect]; for they permitted the occurrence of disobedience [maʿāṣī] by Prophets, and in their doctrine, every act of disobedience is an act of unbelief [kufr]. Others permitted the expression of kufr under dissimulation [taqiyyah]; indeed, they declared it obligatory on the grounds that exposing one's soul to destruction [ilhāq al-nafs fī al-tahlukah] is forbidden [ḥarām]. [The proponents of this view are a group from the Rāfiḍah, despite their general agreement on the total immunity of Prophets from both major and minor sins. See ʿIṣmat al-Anbiyāʾ (p. 7) and Al-Mawāqif (p. 359)] This is refuted by the fact that if it were permissible, the most primary of times for it would have been the initial period of public calling [waqt al-daʿwah], which would ultimately lead to the total obfuscation of the religion [khafāʾ al-dīn bi-al-kulliyyah]. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Record of Disagreement Concerning Immunity from Major and Minor Sins 🔴The Hashwiyyah [anthropomorphists/literalists]: They permitted the intentional commission of major sins [kabāʾir] after the reception of revelation [baʿd al-waḥy]. [Meaning: intentionally [ʿamdan]. See ʿIṣmat al-Anbiyāʾ (p. 8).] 🔴A Certain Group: They prohibited the intentional commission [qaṣd] of major sins, but permitted the intentional commission of minor sins [ṣaghāʾir]. [On condition that the minor sin is not of a repulsive or detestable nature [munaffirah]. This was held by the majority of the Muʿtazilah, who prohibited intentional major sins both before and after prophethood. Abū ʿAlī al-Jubbāʾī differed on specific points: he permitted them prior to prophethood, while barring intentional major and minor sins in other contexts. See Sharḥ al-Uṣūl al-Khamsah (pp. 573–575) and ʿIṣmat al-Anbiyāʾ (p. 8)] 🔴Imām Abū Ḥanīfah: He stated in al-Fiqh al-Akbar: “The Prophets (may Allah’s blessings and peace be upon them) are immune [maʿṣūmūn] from major sins [kabāʾir] and minor sins [ṣaghāʾir] altogether.” [al-Fiqh al-Akbar (p. 37). His statement “immune from major and minor sins” refers to their intentional commission [taʿammud]. As for oversights/slips [zallāt], which occur inadvertently [sahwan], he permitted them, stating immediately after the cited passage: “Slips and errors did occur from them” Imām al-Bazdawī recorded in Uṣūl al-Dīn (p. 167) that this represents the position of Sunnism [Ahl al-Sunnah wa-al-Jamāʿah] (meaning the Ḥanafī school)] • Some of his followers restricted this to the period after revelation [baʿd al-waḥy], holding that prior to revelation [qabl al-waḥy], disobedience [maʿṣiyah] was permissible by way of rare exception [ʿalā sabīl al-nudrah], after which their state returned to total rectitude and integrity [al-ṣalāḥ wa-al-sadād] at the time of their commission [al-irsāl]. [Imām al-Bazdawī rejected this in Uṣūl al-Dīn (p. 170), reasoning that a Prophet is created as a Prophet from the inception of his creation; prophethood is an inherent honor [sharaf], and honor prevents all such deficiencies. He deduced this from the narration of Maysarah in al-Mustadrak (2/608–609): “I asked the Prophet (ﷺ): When were you a Prophet? He replied: 'While Adam was between the spirit and the body.'”]	995
9	The Ruling on Cotton Inserted into the Urinary Passage If a man inserts a piece of cotton into his urinary passage and the inner side of the cotton becomes wet, his wuḍūʾ is not invalidated. However, if the moisture reaches the outer side of the cotton, the following distinction applies: - If the cotton is positioned above or level with the opening of the urinary passage: his wuḍūʾ is invalidated. - If the cotton is positioned below the opening of the urinary passage: his wuḍūʾ is not invalidated. Wallāhu aʿlam. al-Shilbī’s clarifies: the statement, “if it is positioned above,” means that the cotton protrudes beyond the opening of the urinary passage. 📌 • Ḥāshiyat al-Shilbī ʿalā Tabyīn al-Ḥaqāʾiq Sharḥ Kanz al-Daqāʾiq, by Fakhr al-Dīn al-Zaylaʿī, vol. 1, p. 56.	565
10	The Reality of al-Miʿrāj (The Ascension) Stated in Sharḥ al-ʿAqāʾid al-Nasafiyyah: 🔴And the Ascension [al-miʿrāj] of the Messenger of Allāh ⚡️ while awake in his physical person to the heavens, and then to whatever heights Allāh willed, is the truth.🔴 📚 Ḥāshiyāt ʿAla Sharḥ al-ʿAqāʾid al-Nasafiyyah of al-Taftazānī, (Vol. 1, p. 566).	571
11	A Glāring Difference Between Imām Mālik’s Approach to Hadīth Vs. the Muhaddithūn قال الشافعي: [كان مالك إذا شكَّ في بعض الحديث طرحه كله] [الجرح والتعديل (١/ ١٤)، مسند الموطأ للجوهري (٤٦)، الحلية (٦/ ٣٢٢)، التمهيد (١/ ٦٣)، الانتقاء (٢٣)، المسالك في شرح الموطأ (١/ ٣٣٤)، ترتيب المدارك (١/ ١٨٩ - ط. المغربية)]. Ash-Shāfi’ī said: “If Mālik doubted in a part of a Hadīth, he would discard the entirety of it.”	697
12	Did Nabī Muḥammad Muṣṭafā ﷺ Dress Like a Saudi? Shaykh Aḥmad al-Sharīf al-Ḥanafī. 🇧🇼	997
13	The Spiritual States of the People of Divine Experience and the Station of the Gnostics It was asked to a Shaykh: “Should anyone associate with those who possess spiritual states, whose states become so overwhelming that they are dominated by them?” He replied: “No one should associate with them unless he possesses a firmly established footing in adab (spiritual discipline and proper comportment) and refrains from inwardly objecting to them, let alone outwardly.” Someone asked him: “O my brother, Afḍal al-Dīn, what are the distinguishing signs of those who possess such spiritual states?” He replied: “Their distinguishing signs are: pallor of the face accompanied by a dark complexion, wide eyes, a lowered voice, and limited comprehension of what is said to them.” He elaborated at length on this matter. He then said: “What is in the heart manifests upon the face; what is in the nafs manifests in one’s clothing; what is in the intellect manifests in the eye; what is in the sirr (innermost spiritual secret) manifests in one’s speech; what is in the rūḥ (spirit) manifests in one’s adab; and what is in the body manifests in one’s movements.” I also heard him say repeatedly: “Those who possess spiritual states are like the wind, they fly through the air by means of the air itself. When the air becomes still, they become still; and when it moves, they move with it. The ʿārifūn (those who possess experiential gnosis of Allāh), however, are like firmly rooted mountains.” 📌 • al-Jawāhir wa-l-Durar al-Kubrā, p. 271.	746
14	The Position of Imām Abū Manṣūr al-Māturīdī 🇧🇳 and Imām Abū al-Ḥasan al-Ashʿarī 🇧🇳 on the Ṣaḥāba of the Prophet ⚡️ ❇️ Imām Ahl al-Sunnah wa al-Jamāʿah, Imām al-Hudā, ʿAlam al-Hudā, Abū Manṣūr al-Māturīdī [d. 333 AH] 🇧🇳 writes: 🔴…And upon that path were his ⚡️ ṣaḥābah, may the pleasure of Allāh be upon them all. Furthermore, the warfare ordained regarding them (against combatant kuffār) is, in intrinsic reality, a mercy, even if in outward appearance it does not seem so. This is because it was instituted to compel them toward accepting Islām and Tawḥīd and within their acceptance lies their ultimate salvation. As for Allāh’s description of them as being merciful among believers [raḥamāʾu baynahum], this does not imply that they are not firm/stern with one another whenever they witness abominations or explicit immoralities among them, such that they would abandon correcting them. Rather, it is out of genuine compassion toward them that they rectify the objectionable act; for in doing so lies their salvation. Such corrective action does not divest them of the mercy with which Allāh described them; on the contrary, it stems directly from affection and mercy for them. And Allah knows best. Then He further characterized them, stating: ‘You see them bowing and prostrating, seeking bounty from Allāh and His pleasure. Their mark is on their faces from the trace of prostration.’ [Qurʾān 48:29]🔴 📌 • Taʾwīlāt Ahl al-Sunnah, Vol. 9, p. 317. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━ ❇️ Imām Ahl al-Sunnah, Nāṣir al-Dīn, and al-Mutakallim, Abū al-Ḥasan al-Ashʿarī [d. 324 AH] 🇧🇳 writes: 🔴And the scholars of the Muslim community have reached a binding consensus [ijmāʿ] upon withholding speech concerning the ṣaḥābah [peace be upon them] except in the best terms by which they can be mentioned. They likewise agreed that they are most deserving of having their virtues publicized, having the most favorable interpretations sought for their actions, and that we maintain concerning them the best opinion and the most upright interpretive positions. In doing so, they comply with the directive of the Messenger of Allāh ﷺ: ‘When my Companions are mentioned, refrain (from commentary/criticism).’ The people of sacred knowledge [ahl al-ʿilm] stated: The legal meaning [maʿnā] of this is: ‘Do not mention them except with the finest speech.’🔴 📌 • Risālah ilā Ahl al-Thaghr, p. 318.	612
15	The Ḥanafī Ruling on a Woman’s Residence During the ʿIddah 🔴Her residence is in which she was living at the time of separation, unless she is compelled to leave it. Examples include fearing that the building may collapse, fearing for her person or property while residing there, or being expelled by the occupants of the house. This latter case applies where she was living in rented accommodation, her husband was absent, and she was unable to afford the rent.🔴 📌 • Kamāl al-Dīn Ibn al-Humām, Fatḥ al-Qadīr, 4:343, al-Ḥalabī edition.	663
16	Ruling on listening to Music: Sin vs Justification Shaykh Abū ʿAmmār ʿAbdul-Ḥaqq al-Ḥanafī	788
17	+3 Нет текста...	768
18	+9 Нет текста...	687
19	+1 Abu Dharr reported: The Prophet, peace and blessings be upon him, said, “Verily, you are in a time of many scholars and few preachers. Whoever leaves a tenth of what he knows will be ruined. There will come a time for people of few scholars and many preachers. Whoever adheres to a tenth of what he knows will be saved.” Source: Musnad Aḥmad 21372 Grade: Sahih (authentic) May Allah bless the brother who cited the Fiqhi response to the claim “women in Islam can divorce their husbands if she isn’t physically attracted to him”. Subhanallah, how true are the words of our beloved Habeeb. اللهم صل وسلم وبارك عليه. Just look at the responses to the brother’s comment! Fiqh is now supposedly able to be chucked away because of what some YouTubers claim.	634
20	• 2. Price Reduction via Abolition of Taxes, Interception of Goods, Artificial Bidding, and Promotion of Price Bargaining - Elimination of Market Taxes [Ibṭāl al-Dirāʾib / al-Kharāj]: It was well established that the Jewish market of Banū Qaynuqāʿ levied compulsory market tolls and trade fees [kharāj / ḍarāʾib] on vendors. This tax burden forced merchants to mark up their retail prices to offset operational costs. In stark contrast, the Islāmic Market of Sūq al-Madīnah was declared a tax-free zone, removing overhead costs and driving down consumer prices. - Prohibition of Intercepting Caravans Outside the Market: A common practice involved market middlemen meeting bedouin trade caravans prior to their entry into the city to buy up goods cheaply and resell them at inflated markups within the market. The Prophet (ﷺ) outlawed this practice to protect wholesale market pricing: On the authority of Abū Hurayrah (may Allāh be pleased with him): “The Prophet (ﷺ) forbade the interception of caravans and forbade an urban dweller from selling on behalf of a bedouin.” - Prohibition of Fraudulent Price Driving [al-Najash] & Encouraging Price Bargaining [al-Mufāṣalah]: Artificial price escalation was curbed by banning fraudulent bidding [al-najash] (where a non-buyer bids up an item's price to deceive genuine buyers). On the authority of ʿAbd Allāh ibn ʿUmar: “The Messenger of Allāh (ﷺ) prohibited artificial price inflation [al-najash].” Imām al-Shāfiʿī further elaborated: “Najash occurs when a person attends an auction or sale and raises the price of a commodity he does not intend to buy, misleading genuine bidders into paying more than they otherwise would have.” [Kitāb al-Umm, al-Shāfiʿī, Vol. 8, p. 628] Prohibiting al-najash incentivized fair price negotiation [al-mufāṣalah] and price bargaining [al-mumākasah], preventing buyers from passively accepting inflated price tags. The Prophet (ﷺ) personally practiced price bargaining in his transactions: Suwayd ibn Qays narrated: “Makhramah al-ʿAbdī and I imported wheat from Hajar to Makkah. The Messenger of Allāh (ﷺ) walked up to us, bargained for trousers, and purchased them from us. A weigh-master was present, weighing for a fee, so the Prophet (ﷺ) told him: 'Weigh, and tilt the scale in favor of the buyer.'” Jābir (may Allāh be pleased with him) narrated: “I was riding an exhausted camel. The Prophet (ﷺ) passed by, struck it, and prayed for it, after which it moved with unprecedented vigor. He said: 'Sell it to me for an ūqiyyah (a unit of weight).' I declined. He repeated: 'Sell it to me for an ūqiyyah,' so I sold it to him, reserving the right to ride it home. Upon arriving in Madīnah, I brought him the camel; he paid me its price in cash, and as I turned away, he called me back and said: 'Did you think I would take your camel? Take your camel, it is your property.'” By guaranteeing a zero-tax environment, transaction costs were reduced to a minimum. [Musnad al-Imām Aḥmad ibn Ḥanbal, Mu’assasat al-Risālah, Vol. 10, p. 307]	617

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