Stoning is true [Applies only in Muslim Lands] - Kitaab Sharh us-Sunnah [Explanation of Creed]

[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 39 of 170]

39: Stoning is true.

Stoning is true and correct. [1] [Note: It is very important to note that this punishment only applies in Muslim Lands under the authority of a Muslim Leader. It is not the responsibility of the individual Muslim to set-up this punishment. Outside of Muslim lands the local law must be obeyed.]

 

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NOTES - from the lectures of Shaykh Saaleh as-Suhaimee ( حفظه الله , hafidhahullaah, may Allaah preserve him upon the truth)

[1] This refers to the stoning to death of a man or a woman guilty of fornication, who are, or have previously been, married.

Ubaadah ibn as-Saamit reported that the Messenger of Allah (sallallaahu alaihi wa sallam) said, Receive from me, receive from me: Allah has ordained a way for those (women). When an unmarried man commits fornication with an unmarried woman, then one hundred lashes and banishment for one year. As for a married man committing adultery with a married woman, then they shall be lashed one hundred times and stoned to death. Reported by Muslim (Eng. trans. 3/911/no.4191).

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[Additional Background Information]

Imaam al-Barbahaaree  ( رحمه الله , rahimahullah) was a major scholar of his time and he learned knowledge from a number of scholars including the senior students of Imaam Ahmad ibn Hanbal  ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 241AH) including Imaam Abu Bakr al-Marwazee  ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 294AH).

This translation is from the English translation of the book made by Abu Talhah Daawood Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH) and the Notes translated above by Abu Tallhah are from the lectures of Shaykh Saaleh as-Suhaimee ( حفظه الله , hafidhahullaah, may Allaah preserve him upon the truth).

Shaykh Saalih bin Sa’d as-Suhaymee was born 1366 AH in the city of Madeenah. He has a doctorate in fiqh and works as an Associate Professor in the University of Madeenah, School of Da’wah and Usool-ud-Deen, in the Aqeedah Division. Shaykh as-Suhaymee also holds duroos in the Mosque of the Prophet [ صلى الله عليه و سلم , may Allaah exalt his mention and render him and his message safe from every derogatory thing ] in Madeenah.

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[Additional Notes]

The extracts from this book are being provided for beneficial knowledge of the religion of Islam in order to benefit a large number of people inshaaAllaah. It is hoped by making material available that this will encourage brothers and sisters to seek knowledge of the deen and purchase authentic books of knowledge, listen to lectures from the scholars and eventually sit with scholars inshaaAllaah.

You are advised to purchase the book "Interpretation of the Meaning of The Noble Qur'aan in the English Language" By Dr. Muhammad Taqiuddeen al-Hilaalee, Ph.D. and Dr. Muhammad Muhsin Khan" and "Abridged Tafsir Ibn Kathir - English Edition Published By Darussalam" in order to build your own Islamic Library at home so that you can easily reference authentic publications.

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 40 of 170]

40: Wiping over the socks is from the Sunnah.

Wiping over the leather socks (khuff) is the Sunnah. [1]

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NOTES

[1] Al-Laalikaaee reports in Sharh Usool Itiqaad Ahlis-Sunnah (1/no.314/p.152) that Sufyaan ath-Thawri said, within the Aqeedah which he narrated to Shuayb ibn Harb, …O Shuayb ibn Harb! What I have written for you will not benefit you until you hold that wiping over leather socks without removing them is better for you than washing the feet….

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Additional Note:

Ibn al-Mundhir (rahimahullah, died around 318AH) said:

The permissibility of wiping over the socks was narrated from nine of the Companions of the Messenger of Allah [ صلى الله عليه و سلم , may Allaah exalt his mention and render him and his message safe from every derogatory thing ]: 

‘Ali ibn Abi Taalib, ‘Ammaar ibn Yaasir, Abu Mas‘ood, Anas ibn Maalik, Ibn ‘Umar, al-Bara’ ibn ‘Aazib, Bilaal, Abu Umaamah and Sahl ibn Sa‘d [ رضي الله عنهم , May Allah be pleased with them all ].

al-Awsat (1/462).

[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 41 of 170]

41: It is from the Sunnah to shorten the prayer whilst travelling.

Shortening the prayer when travelling is the Sunnah. 

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NOTES

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 42 of 170]

42: One may either fast or abstain from fasting whilst travelling.

As regards fasting when travelling, whoever wishes may fast and whoever wishes may abstain from fasting. [1]

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NOTES

[1] Shaikhul-Islam, Ibn Taymiyyah (rahimahullaah), says in Majmoo al-Fataawa (25/209), As regards the journey on which the prayer may be shortened, it is permissible to abstain from fasting on it and to make up the fast later on, by agreement of the scholars. Abstaining from fasting is allowed for the traveller by agreement of the scholars, whether one is able to fast or not, whether fasting is difficult or not, even if the traveller was shaded, had sufficient water and had someone to serve him, still it is allowed for him to abstain from fasting and to shorten the prayer. Whoever says that abstaining from fasting is only allowed for one who is unable to fast, then repentance is to be sought from him. Either he repents, or he is executed. Likewise, for one who criticises the one who abstains from fasting (on the journey), then his repentance is to be sought.

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Additional Notes

Allah (Subhana Wa Tala) said:

"... And whoever of you is sick or on a journey, (let him fast) the same number of days. Allah desires for you ease; He desires not hardship for you ..."

[The Qur'an, Soorah al-Baqarah 002, Verse 185]

Hamza bin Amr aI-Aslamee, who used to fast frequently, asked the Messenger (salilahu alayhi wa salam): "Do I have to fast if I am travelling?" The Messenger (salilahu alayhi wa salam) said: "Fast if you wish or break, the fast if you wish." 

[Recorded by Bukhari and Muslim]

Anas bin Maalik said: "I was travelling with the Messenger of Allah (salilahu alayhi wa salam) during Ramadaan, and those who fasted did not blame those who did not fast, and neither did those who did not fast blame those who fasted" 

[Recorded by Bukhari and Muslim]

[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 43 of 170]

43. Praying whilst wearing loose trousers.

There is no harm in praying whilst wearing broad and loose trousers. [1]

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NOTES

[1] These points of fiqh have been mentioned by the author since they were matters which were denied by some of the sects of innovation.

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 44 of 170]

44. Hypocrisy is proclaiming belief, whilst concealing disbelief.

Hypocrisy is to display Islam with the tongue, whilst inwardly hiding disbelief. [1]

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NOTES

[1] Hypocrisy (Nifaaq) is of two types:

• Hypocrisy of belief: This is what is mentioned by the author here. This type of hypocrisy takes a person outside the fold of Islam and
  

• Hypocrisy of action: This involves a person having some characteristics of the hypocrites, i.e. lying, breaking promises, proving dishonest when trusted, behaving impudently when disputing and proving treacherous with regards to contracts. This type, although very serious, does not take a person outside Islam, but, in time, it may lead to that.
  

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 45 of 170]

45. The world is the place of Eeman.

Know that the world is the place of Eemaan and Islam. [1]

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NOTES

[1] The majority of scholars hold that this world is divided between Daarul-Islam and Daarul-Kufr.

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 46 of 170]

46. There are believers and Muslims amongst the nation of Muhammad (sallallaahu alaihi wa sallam) with regards to rulings.

Amongst the nation of Muhammad [ صلى الله عليه و سلم , may Allaah exalt his mention and render him and his message safe from every derogatory thing ] there are believers and Muslims with regards to rulings, inheritance, slaughtering animals and funeral prayer.

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NOTES

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 47 of 170]

47. However, we do not bear witness that a person is a true and perfect believer.

However, we do not bear witness that any of them is a true and perfect believer, unless he fulfils all the laws and duties of Islam. If he neglects any of that, then his Faith is deficient until he repents. His faith is for Allah, the Most High, alone to judge whether it is complete or incomplete, except for when any of the duties of Islam are seen to be neglected.

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NOTES

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 48 of 170]

48. The Sunnah is to offer the funeral prayer for all the people of the Qiblah.

(Funeral) prayer upon anyone who dies from the people of the Qiblah is Sunnah: the adulterer or adulteress stoned to death [only in Muslim Lands and only under the authority of a Muslim Leader], the one who commits suicide, others from the people of the Qiblah, the drunkard and other than them; to pray the (funeral) prayer over them is the Sunnah.

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NOTES

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[S. Munir]

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

"In the Name of Allâh, the Most Beneficent, the Most Merciful."

Kitaab Sharh us-Sunnah [Explanation of Creed]
by Imaam al-Barbahaaree ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 329AH)
Translated by Abu Talhah Dawud Burbank ( رحمه الله , rahimahullah, May Allah have Mercy on him, died 1432AH)

[Point 49 of 170]

49. The title of believer is only removed due to certain factors.

None of the people of the Qiblah leave Islam unless they reject an Aayah from the book of Allah, the Mighty and Majestic, or reject any narrations from the Messenger of Allah [ صلى الله عليه و سلم ], or pray to other than Allah, or sacrifice to other than Allah. [1] If he does any of that, it is binding upon you to expel him from Islam. If he does not do any of that, he is a Believer and a Muslim in name, even if not in reality.

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NOTES

[1] Also, directing any part or form of worship to other than Allah. For example, performing tawaaf around graves, supplicating to the dead, seeking assistance or relief from the dead. If a person does any of these actions in ignorance, those with knowledge should teach him that this is Shirk and they should establish the proof against him so that he is able to understand it, but, if he then arrogantly rejects it and knowingly continues in Shirk, he has left Islam.

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