Al Ajurruumiyyah – Chapter 13 – (The Chapter About At-Tawkiid [The Emphasizing of the Noun])

 بَابُ‏‮ ‬‬التَّوْكِيدِ 

13 – (The Chapter About At-Tawkiid [The Emphasizing of  the Noun])

ʿArabic Text: 

(‬‬التَّوْكِيدُ‏‮ ‬‬تَابِعٌ‏‮ ‬‬لِلْمُؤَكَّدِ‏‮ ‬‬وَنَصْبِهِِ‏‮ ‬‬وَخَفْضِهِ‏‮ ‬‬وَتَعْرِيفِهِ‏‮ ‬‬وَيَكُونُ‏‮ ‬‬بِاَلْفَاظٍ‏‮ ‬‬مَعْلُومَََةٍ‏‮ ‬‬وَهِيَ‏‮ ‬‬النَّفْسُ‏‮ ‬‬وَالْعَيْنُ‏‮ ‬‬وَكُلٌّ‏‮ ‬‬وَأَجْمَعُ‏‮ ‬‬وَتَوَابِعُ‏‮ ‬‬أَجْمَعَ‏‮ ‬‬وَهِيَ‏‮ ‬‬أَكْتَعُ‏‮ ‬‬وَأَبْتَعُ‏‮ ‬‬وَأَبْصَعُ‏‮ ‬‬تَقُولُ‏‮ ‬‬قَامَ‏‮ ‬‬زَيْدٌ‏‮ ‬‬نَفْسُهُ‏‮ ‬‬وَرَأَيْتُ‏‮ ‬‬الْقَوْمَ‏‮ ‬‬كُلَّهُمْ‏‮ ‬‬وَمَرَرْتُ‏‮ ‬‬بِالْقَوْمِ‏‮ ‬‬أَجْمَعِينَ‏‮)‬‬

English Translation:

التَّوْكِيدُ (The emphasis placed on a noun is) تَابِِعُ (a noun which comes after [and agrees with]) الـْمُؤَكِّدِ (the noun being emphasized) فِي‏‮ ‬‬رَفْعِهِ in (its rafʿ case) وَنَصْبِهِِ, (its naṣb case), وَخَفْضِهِ (its khafḍ case) وَتَعْرِيفِهِ and (its definiteness). وَيَكُونُ‏ (And it [التَّوْكِيدُ the  emphasizing of nouns]) is [done] بِاَلْفَاظٍ‏‮ ‬‬مَعْلُومَََةٍ (with well known expressions). وَهِي (And they are): النّفْسُ (self), وَاْلعَيْنُ, (self),‮ ‬‬وَكُلّ (each / all)  وَأَجْمَـــعُ and (all) وَتَوَابِعُ‏‮ ‬‬أَجمع (and the equivalent nouns for Ajmaʿu). وَهِي (And they are): أَكْتَعُ (altogether) وَأَبْتَعُ and (altogether) وَأََبْصَعُ and (altogether). تَقُولُ‏  (You say):  قَامَ‏‮ ‬‬زَيْدٌ‏‮ ‬‬نَفْسُهُ (Zayd stood himself) وَرَأَيْتُ‏‮ ‬‬الْقَوْمَ‏‮ ‬‬كُلَّهُمْ and (I saw the kinfolks – all of them) وَمَرَرْتُ‏‮ ‬‬بِالْقَوْمِ‏‮ ‬‬أَجْمَعِينَ and (I passed by the kinfolks – all of them).

Explanation of Text in ʿArabic:

‏التوكيد تابع‏‮ ‬‬يُذكَرَ‏‮ ‬‬توكيدًا لـما قبله ويكون تابعًا له في‏‮ ‬‬رفعه إن كان مرفوعًا وفي‏‮ ‬‬نصبه إن كان منصوبًا وفي‏‮ ‬‬خفضه إن كان مخفوضًا وفي‏‮ ‬‬تعريفه إن كان مَعْرِفَةً‏‮ ‬‬نحو جَاءَ‏‮ ‬‬زَيْدٌ‏‮ ‬‬نَفْسُهُ‏‮ ‬‬وَالْقَوْمُ‏‮ ‬‬كُلُّهُمْ‏‮ ‬‬ورَأَيْتُ‏‮ ‬‬زَيْدًا نَفْسَهُ‏‮ ‬‬وَالْقَوْمَ‏‮ ‬‬كُلَّهُمْ‏‮ ‬‬وَمَرَرْتُ‏‮ ‬‬بِزَيْدٍ‏‮ ‬‬نَفْسِهِ‏‮ ‬‬وَبِالْقَوْمِ‏‮ ‬‬كُلِّهِمْ‏‮ ‬‬فإن نَفْسُهُ‏‮ ‬‬وكُـلُّهُمْ‏‮ ‬‬تبعان لزيد والقوم في‏‮ ‬‬إعرابهما وفي‏‮ ‬‬تعريفهما وزيدًا والقوم معرفتان بالعلمية وال ونفسه وكلّهم معرفتان بإضافتهما إلى الضمير ومثله جَاءَ‏‮ ‬‬عَمْرٌو عَيْنُهُ‏‮ ‬‬وَالـْمُومِنُونَ‏‮ ‬‬اَجْمَعُونَ‏‮ ‬‬ورَأَيْتُ‏‮ ‬‬عُمْرًا عَيْنَهُ‏‮ ‬‬وَالـْمُومِنِينَ‏‮ ‬‬أَجْمَعِينَ‏‮ ‬‬وَمَرَرْتُ‏‮ ‬‬بِعَمْرٍو وَالـْمُومِنِينَ‏‮ ‬‬أَجْمَعِينَ‏‮ ‬‬

Explanation of Text in English:

التَّوْكِيــدُ (the emphasis placed on a noun) is تَابِـــعٌ (s a noun expressed as emphasis for what is coming before it and it agrees with it (the noun) in رَفْعِهِ (its rafʿcase), نَصْبِـــهِ (its naṣb case) and خَفْضِهِ (its khafḍ case) and (تَعْرِيفِهِ) its definiteness – like when you say: جَاءَ‏  زَيْدٌ‏  نَفْسُهُ‏  وَالْقَوْمُ‏  كُلُّهُمْ‏  ([Zayd stood himself] and [the people – all of them]) and  رَأَيْتُ‏‮ ‬‬زَيْدًا نَفْسَهُ‏‮ ‬‬وَالْقَوْمَ‏‮ ‬‬كُـلَّهُمْ ([I saw Zayd himself] and [the kinfolks – all of them]) and مَرَرْتُ‏‮ ‬‬بِزَيْدٍ‏‮ ‬‬نَفْسِهِ‏‮ ‬‬وَالْقَومِ‏‮ ‬‬كُلِّهِمْ ([I passed by Zayd himself] and [the kinfolks – all of them]). The words نَفْسُهُ and كُـلُّهُمْ agree with the words زَيْد and الْقَوْم in إِعْرَابِهمَاِ (their inflection) and تَغْرِيفِهِمَا (their definiteness). زَيْدٌ and الْقَوْمُ have been made definite by the fact that زَيْدٌ is عَـلَمِيَّة (a proper noun) and الْقَوْمُ has been made definite by  ‬اَلْ, while نَفْسُهُ and كُـلُّهُمْ are both definite, بِإِضَافِتهِمَا (because they have been placed in construct) with the pronoun – like when you say: جَاءَ‏‮ ‬‬عَمْرٌو عَيْنُهُ‏‮  ‬‬وَالـْمُومِنونَ‏‮ ‬‬أَجْمَعُون ([ʿAmr came himself] and [all of the believers]), رَأَيْتُ‏‮ ‬‬عَمْرًا عَيْنََهُ‏‮ ‬‬وَالـْمُومِنِينَ‏‮ ‬‬أَجْمَعِينَ (I saw ʿAmr himself and all of the believers), and  مَرَرْتُ‏‮ ‬‬بِعَمْرٍ‏‮ ‬‬عَيْنِِهِ‏‮ ‬‬وَالـْمُومِنِينَ أَجْمَعِينَ ([I pass by ʿAmr himself] and [all of the believers]).

(*note in ʿArabic)

‏‬فأمّا أَكْتَعُ‏‮ ‬‬وَأَبْتَعُ‏‮ ‬‬وَأَبْصَعُ‏‮ ‬‬فمعناها أجمع وتتبع بناءه وتجيء بعده نحو جَاءَ‏‮ ‬‬الْقَوْمُ أَجْمَعُونَ‏‮ ‬‬أَكْتَعُونَ‏‮ ‬‬أو أَبْتَعُونَ‏‮ ‬‬أَو أَبْصَعُون‏‮ ‬‬

(*note in English)

As for أَكْتَعُ and أَبْتَعُ and أَبْصَعُ, they all mean أَجْمَعُ, they resemble أَجْمَعُ in their construction and they follow أجمع – like when  you say: جَاءَ‏‮ ‬‬الْقَوْمُ  أَجْمَعُونَ‏‮ ‬‬أَكْتَعُونَ‏‮ ‬‬أو أَبْتَعُونَ‏‮ ‬‬أو أَبْصَعُونَ (The kinfolks came, all of them).

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Published in: on April 15, 2011 at 13:35  Leave a Comment  

فصل – Section: التَّيَمُّمُ (Dry Ablution) from Matn al ʿIzziyah

فصل – Section: التَّيَمُّمُ (Dry Ablution)

التَّيَمُّمُ (Dry ablution) طَهَارَةٌ‮ ‬تُرابِيَّةٌ (is purification with earth). تَشْتَمِلُ‮ ‬عَلَى (It consists of) ‮ ‬مَسْحِ‮ ‬الْـوَجْهِ (wiping the face) وَالْـيَدَيْنِ (and the hands). وَسَـبَبُهُ (The reason being), ‮ ‬فَقَدُ‮ ‬الْـمَاءِ‮ ‬حَـقِيقَةَ (the failure to actually find water) ‮ ‬أَوْ‮ ‬مَـا هُـوَ‮ ‬فِـي‮ ‬حُـكْمِهِ (or the water has a ruling in regards to it), مِثْلُ‮ ‬أَنْ‮ ‬يَكُونَ‮  ‬مَعَهُ‮ ‬مِنَ‮ ‬الْـمَاءِ‮ ‬مَا لاَ‮ ‬يَكْفِيهِ (like: the water isn’t enough), أَوْ‮ ‬مَاءٌ‮ ‬يُخَافُ‮ ‬بِـاسْـتِعْمَالِـهِ‮ ‬فَـوَاتَ‮ ‬نَـفْسِهِ (or it is water, about which there is feared that its usability has passed),أَوْ‮  ‬فَـوَاتَ‮ ‬مَـنْفَعَتٍ (or its usefulness has passed)1,‮ ‬أَوْ‮ ‬زِيَـادَةَ‮ ‬مَـرْضٍ (it may increase an illness), ‮ ‬أَوْ‮ ‬تَأَخُّرَ‮ ‬بُرْءٍ (or delay recovery) أَوْ‮ ‬حَـدُوث مَـرضٍ (or can cause of illness). ‮

يُـبَاحُ‮ ‬التَيَمُّمُ (Dry ablution is recommended) ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَصْـغَرِ‮ ‬وَلأَكْـبَرِ (for both small and large impurity) إِذَا وُجِدَ‮ ‬سَـبَبَهُ (when the reason for performing it is) ‮ ‬لِـلْمَرِيضِ (because someone is  sick) وَالْـمُسَافِرِ (or because someone is traveling); لِـكُلِّ‮ ‬صَـلاَةٍ‮ ‬ ([it can be performed] for every prayer).  ‬وَلِـلصَّحيحِ‮ ‬الْـحَاضِـر([It is also recommended] for the healthy person who is not traveling) لِـصَلاَةِ‮ ‬الْـجَنَازَةِ ([who is] attending the funeral prayer), ‮ ‬إِذَا تَـعَيْـنَت(if it is incumbent upon him).2,  ‬وَلِـفَرْضِ (and [it is recommended] for obligatory prayers)  غََـيْرِ‮ ‬الْـجُـمُعَةِ (other than Jumuʿah prayer) بِشَـرْطِ (on the condition)‮ ‬أَنْ‮ ‬يَخْشَـى (that it is feared) فَـوَاتِ‮ ‬الْوَقتِ (that the time will pass) بِاسْتِعْمَالِ‮ ‬الْـمَاءِ (before water can be used), وَلاَيُعِيدُ (and it (these prayers are not redone). ‮ ‬بِـخِلاَفَةِ‮ ‬الْـجَنَازَة

(The exception is the funeral prayer) ‮  ‬إِذَا لَـمْ‮ ‬تَـتَعَيَّنْ (if it is not incumbent upon the person) ‮ ‬وَ‮ ‬فَـرْضِ‮ ‬الْـجُـمُعَة(and the obligatory Friday prayer), ‮ ‬وَلَـوْ‮ ‬خَشِـيَ‮ ‬فَـوَاتَـه(even if he fears the time for it will pass), وَسَـائِـرِ‮ ‬النَّوَافِـلِ (and the rest of supererogatory prayers) ‮ ‬سُـنَنِهَا (including those that are sunnah) وَمُسْـتَحَبَّاتِـهَا (and the ones that are meritorious).

وَيىَبْطَلُ‮ ‬التَّيَمَّمُ (Dry ablution becomes nullified) ‮ ‬بِـمَا‮ ‬يَبْطُلُ‮ ‬بِهِ‮ ‬الْوُضُوءُ (by the same things that nullify wuduu’), ‮ ‬وَبِـوُجُـودِ‮ ‬الْـمَاء(as well as the discovery of water) ‮ ‬قَـبْلَ‮ ‬الصَّلاَة(before the prayer),إِلاَّ‮ ‬أَنْ‮ ‬يَخْشَى فَوَاتِ‮ ‬الْوَقْتِ (unless the worshipper fears the time will pass) بِاسْتِعْمَالِهِ (by waiting to use water).

وإِذَا رَأَى الْـمَاءَ (If he sees water) وَهُوَ‮ ‬فِي‮ ‬الصَّلاَةِ (while he is praying), لَمْ‮ ‬تَبطُلْ‮ ‬صَلاَتِهِ (his prayer does not become nullified).

وَيَـتَيَمَّمُ‮ ‬بِـالصَّعِيدِ‮ ‬الطَّيِّبِ (The worshipper should perform dry ablution with pure earth). وَهُـوَ‮ ‬التَّرَابُ (It could be soil), وَالْـحَجَرُُ (stone) وَالرَّمْلُ (or sand) ‮ ‬وَجَمِيع أجْـزَاءِ‮ ‬الأَرْضِ (and all types of  natural earthly material) ‮ ‬مَــا دَامَـتْ‮ ‬عَـلَى هَـيْئَتَهَا لَمْ‮ ‬تُـغَيِّرْهَـ(as long as its condition has not been changed) صَـنْعَةُ‮ ‬آدَمِـيٍّ (by human fabrication) بِـطَبْخٍ (through [the process of] baking) وَنَـحْوِهِ (and what is similar). وَالتَّرَابُ‮ ‬أَفْضَلُ‮ ‬مِنْ‮ ‬غَيْرِهِ (Soil is better than the other things mentioned).

وَلاَيَتَيَمَّمُ (A worshipper should not perform dry ablution) عَلَى شَيْءٍ‮  ‬نَـفِيسٍ (on precious things)  كَالْـذَهْـبِ‮ ‬وَالْـفِضَّةِ (like gold or silver) وَلاَ‮ ‬عَـلَى لِـبْدٍ‮ ‬ (nor on wool) ‮ ‬وَلاَ‮ ‬عَـلَى بِسَاطٍ (nor on carpets) وَلاَحَـصِيرٍ (nor on mats) وَإِنْ‮ ‬كَـانَ‮ ‬فِـيهَا‮ ‬غُـبَارٌ (even if dust is on them).

وَيَـجُوزُ‮ ‬لِـلْمَرِيضِ (It is permissible for the sick person) إِذَا لَمْ‮ ‬نَـجِدْ (who can’t find) مَنْ‮ ‬يُنَاوِلُهُ‮ ‬تُرَابًا (someone to bring him earth) أَنْ‮ ‬يَـتَيَمَّمَ (to perform dry ablution) بِـالْـجِـدَارِ (on a wall) ‮ ‬الْـمَبْنِيِّ‮ ‬بِـطُوبِ‮ ‬النِّيءِ (which has been constructed from unbaked brick)  ‬أَوْ‮ ‬بِـالْـحِجَارَةِ (or stone) إِذَا كَانَتْ‮ ‬غَـيْرَ‮ ‬مَسْـتُورَةٍ (if it is not covered) ‮ ‬بِالْـجِيرِ (lime).

وَمَـنْ‮ ‬تَـيَمَّمَ (Whoever performs dry ablution) ‮ ‬عَـلى مَـوْضِـعِ‮ ‬نَـجَسٍ (on an unclean place) وَلَـمْ‮ ‬يَـعْلَمْ‮ ‬بِـنَجَاسَـتِهِ (while not knowing about its uncleanliness),‮ ‬أَعَادَ‮ ‬فِـي‮ ‬الْـوَقْـت(should repeat the [dry ablution] within the designated time [for the prayer]).

وَلاَ‮ ‬يُكْرَهُ‮ ‬التَّيَمَّمُ (Dry ablution is not disliked) ‮ ‬بِتُرَابٍ‮ ‬تُيُمَّمَ‮ ‬بِهِ (with earth that has been used for dry ablution)3)‮ ‬مَرَّةً‮ ‬أُخْرَ(more than once). ‮ ‬

وَلاَ‮ ‬يَصِحُّ‮ ‬التَّيَمَّمُ (It is not sound to perform dry ablution) قَبْلَ‮ ‬دَخُولِ‮ ‬الْوَقْتِ  (before the time [of the specific prayer] comes in).

وَصِفَتُهُ (The characteristics of dry ablution are): ‮ ‬أَنْ‮ ‬يَنْوِيَ‮ ‬اسْتِبَاحَةَ‮ ‬الصَّلاَةِ (to intend to make the performance of prayer permissible) ‮  ‬وَيَـنْوِيَ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَكْـبَر(and to intend [to make prayer permissible] while in a state of major impurity), ‮ ‬إِنْ‮ ‬كَـانَ‮ ‬مُحْدِثًا حَدَثًا‮  ‬أَكْبَرَ (when the impurity is major). ثُـمَّ‮ ‬يَـقُول (Then the worshipper says:) بِـسْمِ‮ ‬اللَّهِ (In the Name of Allah) وَيَسْـتَعْمِلُ‮ ‬الصَّعِيدَ (using pure earth).  يَـضْرِبُ‮ ‬عَـلَيهَا (He pats on it) بِـيَدَيْـهِ‮ ‬جَـمِيعًا (with both hands) ضَرْبَةً‮ ‬وَاحِدَةً (with one patting)4. ‮ ‬وإِنْ‮ ‬تَـعَلَّقَ‮ ‬بِـهِمَا شَـيْء(If anything sticks to them [the hands]) (he should dust them) ‮ ‬نَـفْضًا خَـفِيفً( lightly);  ‬وَيَـمْسَحُ‮ ‬بِـهَا وَجْـهَهُ (then he wipes his face) ولِـحيَتَهُ (and beard). يَبْدَأُ‮ ‬مِنْ‮ ‬أَعْلاَهُ (He should start from the top [of the face])  إِلَـى أَنْ  يَسْـتَوْفِيَه (until [he wipes over] it completely). ‮ ‬ثُمَّ‮ ‬يَضْرِب(Then the worshipper should pat [the the soil])  ‬الأُخْرَى (another time) لِيَدَيْهِ (with his hands), ثُمَّ‮ ‬يَـمْسَحُ (then he should wipe) ظَاهِرَ‮ ‬يَدِهِ‮ ‬الْيُمْنَى (the outside of the right hand) بِيَدِهِ‮ ‬الْيُسْرَى (with his left hand) حَتََّى‮ ‬يَنْتَهِي‮ ‬إِلَى الْـمَرْفَقِ (until he finishes at the elbow). ‮ ‬ثُمَّ‮ ‬يَـمْسَح(Then he wipes) بَاطِنَهَا (over the inside of it [the inside of the right arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَـابِـعِ (to the tips of the fingers). ‮ ‬ثُمَّ‮ ‬يَـمْسَحُ (Then he should wipe) ظَاهِرَ‮ ‬الْيُسْـرَى (the outside of the left hand) ‮ ‬بِـيَدِهِ‮ ‬الْـيُمْنَى (with his right hand) ‮ ‬إِلَـى الْـمَرْفَقِ (to the elbow) ‮ ‬ثُـمَّ‮ ‬يَـمْسَح(Then he should wipe) بَـاطِـنَهَا (over the inside of it [the of the left arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَابِع(to the tips of the fingers), ‮ ‬ويَجِبُ‮ ‬تَخْلِيلُ‮ ‬الأَصَابِع(and comb through the fingers is a necessity), وَنَـزْعُ‮ ‬الْـخَاتِـمِ (and [so is] removing the ring), ‮ ‬فَـإنْ‮ ‬لَـم‮ ‬يَـنْزِعْهُ (while not removing it) ‮ ‬لَـمْ‮ ‬يَجْزِهِ (is not permissible).

وَالضَّرْبَةُ‮ ‬الثَّانِيَّةُ (The second patting of the earth) سُنَّةٌ (is a prophetic practice) ‮ ‬وَكَدَا الـْمَسْحُ (and likewise is wiping) إلَـى الْـمَرْفَـقَيْـنِ (to the elbows).

[If the worshipper decides to] ‮ ‬وَلَوِ‮ ‬اقْـتَصَرَ‮ ‬عَـلَى ضَـرْبَـةٍ‮ ‬وَاحِـدَة(limits [his dry ablution] to one patting of the earth) ‮ ‬لِـلْوَجْـهِ‮ ‬وَالْـيَدَينِ (for the face and the hands), أَجْـزَأَهُ (it’s permissible), ‮ ‬وَلَوِ‮ ‬اقْتَصَرَ (but if he limits it) فِي‮ ‬مَسْحِ‮ ‬يَدَيْهِ ( to wiping his hands) عَـلَى الْـكَوْعَينِ (up to his wrist) وَصَـلَّى (and prays), أَعَادَ‮ ‬فِي‮ ‬الْوَقْتِ (he should repeat [the dry ablution] within the time [of the specific prayer]).

F00tnotes:

1 That is to say, it is not fit to be used to perform wuduu’.

2 That is to say, if he has been chosen to perform the prayer.

3 That is to say, earth that has been previously used for dry ablution.

4 That is to say, pat the ground once.

Tayammum and Its Description from the Risālah of Ibn Abī Zayd al-Qarawaanī

Tayammum and Its Description

6.1 When it is done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Shari’a it is a legal act of worship by which the prayer becomes allowed. This means that the Shari’a has judged it. This exists in wudu’ and ghusl. By it the prayer is permitted when wudu’ and ghusl are excluded because tayammum is only to make lawful. Wudu’ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a journey

If you are on a journey and you cannot find water, you have to do tayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudu’ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer.

Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time.

What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of ability

You also have to do tayammum even when there is water, whether on a journey or staying in one place, if you are unable to touch water on account of illness or are disabled by illness to such an extent that although you could use it, you are unable to get to it and cannot find anyone else to bring it to you.

[ This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudu’ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone travelling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[ This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty about reaching water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudu’ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty about not reaching water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty about reaching water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[ If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Maliki School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harun said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abi Zayd. Ibn Naji said that it is possible that it refutes his words. According to the words of Ibn Naji by “fears” the author means ‘suspects”.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[ These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A sick person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[ The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of fard prayers with one tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[ None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For each prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A number of missed prayers

It has been related from Malik that someone who remembers not having done a number of prayers can do them with one tayammum.

[ This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home.

The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second.

According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’a. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’a since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’a with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary prayers

[As for the sunnas and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’a and the funeral, even if it is not a specific obligation, and for the sunna and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’

If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What can be used for tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Malik said. Malik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can be done on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position.

One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking’ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the ground a second time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunna. It is not said how the obligation is done in a sunna manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[ The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it.

Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar,and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the inside of the right hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb. ]

6.4g. The thumb

and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farah, the shaykh of the fuqaha’ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhani said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger”].

6.4h. The Left hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khalid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habib from Malik. Ibn al-Qasim said, “He only moves to the left after finishing the right.” Al-Lakhmi and ‘Abdu’l-Haqq preferred that. The position of Ibn al-Qasim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habib so that he does not wipe the dust on the palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other methods of wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[ If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements about someone in a major state of impurity

6.5a. Tayammum for janaba or end of menstruation

If someone is in a state of janaba, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[ Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janaba and or a woman who has been menstruating do not do tayammum.]

6.5b. Not repeating prayers done with tayammum

They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rak’at, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rak’at, they pray with tayammum.]

6.6 Further judgements about tayammum

6.6a. Taymmum does not make intercourse permissible

A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[ This is whether she is a Muslim or a kitabi or a slave girl. According to the well-known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for ghusl after intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janaba. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding janaba if there is no water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janaba in himself. That is the position of Malik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum.

From the Translation by Alhaj Bello Mohammad Daura, MA

(Which Includes the commentary from ath-Thamr ad-Dani by al-Azhari)

Click the above red link to see the entire text.

Clarification About the Obligation of Hijrah Which is Placed Upon the Slaves of Allah

At this time in history, a large number of people are accepting Islam in non-Muslim countries. As a result, the question of whether or not it is still compulsory for Muslims to emigrate from daru-l-kufr (the land of disbelief) also referred to as daru-l-harb to daru-l-Islam (the land of Islam) becomes a very important matter. The legal status according to Islamic law of Muslims who continue to reside in non-Muslim lands has been debated for centuries. The sound Sunni scholars have always used the Kitaab (Qur’an), the Sunnah (The precedents established Prophet Muhammad) and Ijmaaʿ (the consensus of the most outstanding and trustworthy scholars). The most pressing questions being asked about the matter are the following:

1) Is this a land of disbelief or a land of peace? That is to say, what is the definition of daru-l-Islam and daru-l-kufr.

2) Is it still compulsory for those who Muslim continue to reside in the countries in rule by non-Muslims to make hijrah to a land of Islam or not?

3) In the case that hijrah is compulsory for the Muslim, and he does not do it, and he prefers to stay and help the forces who are against Islam and Muslims with his person or his wealth, is he committing  a sin when he does this?

We hope that the following discussion will shed more light on this matter and will clarify the position of the traditional Sunni scholars in regards to it.

The following discussion about hijrah is an abridged version of a broader discussion which  has been taken from Shaykh ʿUthmaan Dan Fodio’s book entitled:

بيان وجوب الهجرة على العباد وبيان وجوب نصب الإمام وإقامة الجهاد

Clarification About the Obligation of Hijrah which is Placed Upon the Slaves of Allah and Clarification About the Obligation to Appoint an Imām and to Initiate the Jihād

في‮ ‬وجوب الهجرة من بلاد الكفار

The Chapter: On the Obligation of Hijrah from the Land of the Unbelievers

فأقول بالله التوفيق‭:‬‮ ‬إنَ‮ ‬الهجرة من بلاد الكفّار واجبة كتابا وسنّة وإجماعا

I say, success is from Allah. Emigration from the land of the kuffaar is an obligation according to the Kitaab, the Sunnah and and ʿIjmaa’.

أما الكتاب فقوله تعالى‮ ‬‭:‬‮ ‬إنَّ‮ ‬الّذِينَ‮ ‬تَوَفَّاهُمُ‮ ‬الْـمَلاَئِكَةُ‮ ‬ظَالِـمِي‮ ‬أَنْفُسِهِمْ‮ ‬فِيمَ‮ ‬كُنْتُمْ‮ ‬قَالُواكُنَّا إِنَّ‮ ‬الَّذِينَ‮ ‬تَوَفَّاهُمُ‮ ‬الْمَلَائِكَةُ‮ ‬ظَالِـمِي‮ ‬أَنفُسِهِمْ‮ ‬قَالُوا فِيمَ‮ ‬كُنتُمْ‮ ‬قَالُوا كُنَّا مُسْتَضْعَفِينَ‮ ‬فِي‮ ‬الْأَرْضِ‮ ‬قَالُوا أَلَمْ‮ ‬تَكُنْ‮ ‬أَرْضُ‮ ‬اللَّهِ‮ ‬وَاسِعَةً‮ ‬فَتُهَاجِرُوا فِيهَا فَأُولـاـئِكَ‮ ‬مَأْوَاهُمْ‮ ‬جَهَنَّمُ‮ … ‬النساء‭:‬‮ ‬97‮ ‬قال مفسّرون وفي‮ ‬هذه الآية دليل على‮  ‬وجوب الهجرة من بلاد الكفّار قال الـجلال عبد الرحمن السيوطي‮ ‬في‮ ‬التكملة تفسيره في‮ ‬بيان معنى قوله‮ [‬ظَالِـمِي‮ ‬أَنفُسِهِمْ‮] ‬بالـمُقام مع الكفّار وترك الهجرة انتهَى

As for the Kitaab [the Qur’an], there the Word of Allah, “Surely those whom the angels cause to die while they are wronging themselves, the angels will say, ‘In what circumstance were you?’ They will say. ‘We were weak in the earth.’ The angels will say. ‘Was not Allah’s Earth spacious, so that you might have emigrated in it?’ As for such, their abode will be hell.’” The commentators of the Qur’an have said, “And in this verse is a proof of the obligation of emigrating from the land of the kuffaar.” al-Jalaalu-d-Din Abdur Rahmān As-Suyuutī1 said in [his tafsīr] at-Takmilah2, explaining the meaning of the Words of Allah “wronging themselves,” [to mean], by remaining among the unbelievers and neglecting the command to make hijrah.

وأمّا السنّة فقوله عليه السلام‭:‬‮ ‬إنَّ‮ ‬الله بريء من مسلم ساكن بين الـمشركين وقوله عليه السلام الْـمومن والكفّار لاَ‮ ‬تُرَاءَى نَارُهُمَا أَوردهما سيدنا مختار بن أحمد الكنتي‮ ‬في‮ ‬النصيحة الكافي‮ ‬وقوله عليه الصلاة والسلام من جامع الـمشرك أو سكن معه فإنّه مثله ورواء أبو داود عن سَمُورة

As for the Sunnah, There is the saying of the Prophet عليه السلام, “Allah has nothing to do with the Muslim who lives among the people who commit shirk.” And his saying, “The fires of the of a believer and an unbeliever should not be in sight of one another.” These two hadiths were sited by our master Mukhtār bin Aḥmad al-Kuntī3 in [his book] an-Nasīḥatu-l-Kāfīyyah4. There is also his saying عليه الصلاة والسلام, “He who mixes with the people who commit shirk (associate partners with Allah) is the same as they are.” this has been related by Abu Dawud from Samūrah.

وأمّا الإجماع فقد قال الونشريسي‮ ‬في‮ ‬الـمعيار والإجماع على وجوب الهجرة الإنتهى ولا تكونُ‮ ‬مراعاة حقوق القرابة والزوجية عذرا الأحد في‮ ‬ترك الهجرة فالأموال والـمساكين من باب أحرى قَالَ‮ ‬تعالى‭:‬‮ ‬قُلْ‮ ‬إِن كَانَ‮ ‬آبَاؤُكُمْ‮ ‬وَأَبْنَاؤُكُمْ‮ ‬وَإِخْوَانُكُمْ‮ ‬وَأَزْوَاجُكُمْ‮ ‬وَعَشِيرَتُكُمْ‮ ‬وَأَمْوَالٌ‮ ‬اقْتَرَفْتُمُوهَا وَتِجَارَةٌ‮ ‬تَخْشَوْنَ‮ ‬كَسَادَهَا وَمَسَاكِنُ‮ ‬تَرْضَوْنَهَا أَحَبَّ‮ ‬إِلَيْكُم‮ ‬مِّنَ‮ ‬اللَّهِ‮ ‬وَرَسُولِهِ‮ ‬وَجِهَادٍ‮ ‬فِي‮ ‬سَبِيلِهِ‮ … ‬التوبة‭:‬24‮ ‬فقعدتم لأجله عن الهجرة كما في‮ ‬التكملة تفسير عبد الرّحمن السيوطي‭:‬‮ [‬فَتَرَبَّصُوا حَتَّي‮ ‬يَأْتِيَ‮ ‬اللَّهُ‮ ‬بِأَمْرِهِ‮]‬ وفي‮ ‬تفسير الخازن أن سبب تزول هذه الآية قول الذين أسلموا ولم‮ ‬يهاجروا‮ ‬‭:‬‮ [‬إن نحن هاجرنا ضاعت أموالنا وذهبت تجارتنا وخربت دورنا قَطَعْنَا أرحامنا‮] ‬ثم قال في‮ ‬هذه الآية دليل على أنه إذا وقع تعارض بين مصالح الدين ومصالح الدنيا وجب على الـمسلم ترجيع مصالح الـدين على الدنيا إنتهى‮ ‬

As for Ijmaaʿ, al-Wansharīsī5 has said in [in his book] al-Miʿyaar6, “Ijmaaʿ upholds the obligation of hijrah (emigration).” Consideration of blood relations and marriage should not be an excuse for anyone failing to emigrate, how much less wealth and dwellings. Allah has said, “Say: If your fathers and your sons and your brothers and your wives and your kinsfolk and wealth which you have acquired, and the loss of trade which you fear and dwellings which you like, are dearer to you than Allah and His Messenger and striving in His way… 9:24 – so that you fail to emigrate because of it – as as what is found in at-Takmilah, the the tafsīr of as-Suyuutī: “then wait till Allah brings about His command…

According to the tafsīr7 of al-Khaazin8 the reason for the revelation of this verse was the saying of those who accepted Islam, but who didn’t emigrate, “If we had emigrated, our possessions would have been lost, our commerce wasted, and our dwellings ruin, and we would have cut off relations with our kinsfolk.” He [al-Khaazin] then said, “In this verse is proof that whenever there is a conflict between matters  of the Dīn and worldly matters, a Muslim must give preference to the matters of Dīn over the worldly matters.

قلت كما‮ ‬يجب ترجيع حفظه على باقى الكليات الخمس التي‮ ‬هي‮ ‬حفظ النفس والعقل والسب والـمال وألحق بعضهم العِرض قال عبد السلام بن إبرهيم‮ ‬اللَّقاني‮ ‬عند قول الناظم‭:

وحفظ دين نفس مال نسب‮                 ‬ومثلها عقل وعِرض

I [ShaykhʿUthmaan] would add that it is likewise necessary to give preference to its preservation over the rest of the five universal rules which are preservation of the soul. the intellect and lineage and wealth, while some also added honor. Abdus-s-Salaam Al-Laqqaanī9 said in [his book] al-Ithāfu-l-Murīd10 which is the sharḥ for Jawhaaratu-t-Tawhīd, in regards to the words of the poet:

And the preservation of religion, soul, wealth and lineage,

Likewise, of intellect and body is obligatory.

وآكد الـخمسة الدين لأن حفظ‮ ‬غيره وسيلة لحفظه ثم حفظ النفوس ثم العقول ثم الأساب ثم الأموال وفي‮ ‬مرتبتها الأعراض أن لم تؤد الأذية فيها إلى قطع النَّسَب وإلاّ‮ ‬كانت في‮ ‬مرتبة الأنساب ثم قال وجب حفظ الـجميع في‮ ‬جميع الشرا ئع لشرفها إنتهى

The most important of the five is [preservation of] the Dīn, because the preservation of the others is a means of preserving it [the Dīn]. Then comes the preservation of the soul, then of the minds, then of lineage, then of possessions. As important as the latter is the preservation of honor, so long as injury to it does not lead to breaking bonds with kinfolk, otherwise it comes on a level with the preservation of lineage.” Then he [al-Laqqaanī] said, “In all systems of divine law, it is essential to preserve all of them, because of their noble status…”

Shaykh Uthmaan continues saying:

وما ذكرناه من أول هذا الفصل من أن الهجرة من بلاد الكفار واجبة على جميع الـمسلمين لا‮ ‬يختلف فيه اثنان ولا عذر لأحد في‮ ‬تركها إلاَّ‮ ‬الـمستضعفين قال تعالى‭:‬‮[‬إِلاَّ‮ ‬الْـمُسْتَضْعَفِينَ‮ ‬مِنَ‮ ‬الرِّجَالِ‮ ‬وَالنِّسَاءِ‮ ‬وَالْوِلْدَانِ‮ ‬لَا‮ ‬يَسْتَطِيعُونَ‮ ‬حِيلَةً‮ ‬وَلَا‮ ‬يَهْتَدُونَ‮ ‬سَبِيلًا‮] ‬النساء 98 طَرِيقًا إلى أرض الهجرة كما في‮ ‬التكملة تفسير عبد الرحمن السيوطي‮ ‬وفي‮ ‬تفسير الـخازن في‮ ‬بيان معني‮ ‬قوله‮ [‬لَا‮ ‬يَسْتَطِيعُونَ‮ ‬حِيلَةً‮]‬‮ ‬يعني‮ ‬لا‮ ‬يقلرون على حِيلَةً‮ ‬ولا نفقة ولا قوة لهم على الـخروج‮  ‬من مكة وقال تعالى في‮ ‬حق هؤلاء‭:‬‮ [‬فَأُولآئِكَ‮ ‬عَسَى اللَّهُ‮ ‬أَن‮ ‬يَعْفُوَ‮ ‬عَنْهُمْ‮] النساء 89 قال الـمفسيرون ذُكِرَ‮  ‬بكلمة الأطماع ولفظ العفو إيذانا ترك الهجرة أمر خطر حتى أن الـمضطر من حقه أن لا‮ ‬يأمن ويترصد الفرضية ويعلق‮ ‬بها قلبه انتهى

What we have discussed since the beginning of this chapter with regard to the fact that emigration from the lands of the unbelievers is obligatory on all Muslims cannot be disputed, and nobody is excused for neglecting it except the weak. Allah has said, “Except for the weak from among men, women and children who can’t  devise a plan”. They are unable to make hijrah; they don’t have no means of support; “they don’t have a way” to get to the land where they might emigrate,” as was is mentioned in at-Takmilah of ʿAbdur Raḥman as-Suyuutī. In his commentary, explaining the meaning of His [Allah’s] word, “who can’t  devise a plan”,  al-Khaazin said, “It means they are unable to devise a plan, they don’t have the means of support, nor are they able to emigrate from Makkah.” Concerning such people Allah has said, “As for those, it may be that Allah will pardon them.

Those who commentate on the Qur’an have said that the expression indicating hope and the  one indicating pardon were mentioned to warn people that failure to emigrate is a grave matter that even a man in difficult circumstances should not feel at ease, and should continuously look for a way  to obey the divine precept and set his heart upon it…

Shaykh Uthmaan takes the discussion about hijrah further in the next chapter which followed the above-mentioned entitled:

في‮ ‬تأويل قوله عليه الصلاة والسلام‭:‬‮ ‬لا هجوة بعد الفتح

What is Meant by the Prophet’s Saying: No Emigration After the Conquest of Makkah

He begins by saying:

فأقول بالله التوفيق ورد في‮ ‬صحيح البخاري‮ ‬عن ابن عباس قال‭:‬‮ ‬قال النبي‮ ‬صلى الله عليه وسلم‮ ‬يوم فتح مكة لا هجرة بعد الفتح وفي‮ ‬صحيح البخاري‮ ‬أيضا عن مجاشع بن مسعود قال جاء مجاشع بأخيه مجالد بن مسعود إلى النبي‮ ‬صلى الله عليه وسلم فقال هذا مجالد ببايعك على الهجرة‮  ‬فقال لا هجرة بعد فتح مكة‮  ‬وفي‮ ‬صحيح البخاري‮ ‬أيضا قال عمرو بن دينار وابن جريج سمعت عطاء‮ ‬يقول ذهبت مع عبيد بن عمير إلى عائشة وهي‮ ‬مجاورة بثبير فقالت لنا‭:‬‮ ‬انقطعت الهجرة منذ الله على نبيه مكة‮ ‬

I say success is from Allah. It has been mentioned in as-Ṣaḥīh al-Bukhārī from of Ibn ʿAbbās, that the Prophet صَـلّى الله عليه وسلّم said on the day of the conquest of Makkah, “No emigration after the conquest.” It is also related in as-Ṣaḥīh al-Bukhārī on the authority of Mujaashiʿ bin Masʿūd that Mujaashiʿ brought his brother Mujaalid bin Masʿūd to the Prophet صَـلّى الله عليه وسلّم and said, “This is Mujaalid who has come to pledge allegiance to you as well as to emigrate. The Prophet said,‘No hijrah after the conquest of Makkah.’” It is also related in al-Bukhārī Ṣaḥīh that ʿAmar bin Dinār and Ibn Jurayj said that they heard ʿAṭā say, “I went with ʿUbayd bin ʿUmayr to ʿĀishah when she was in the vicinity of Thabir and she said to us, ‘Emigration has ceased since Allah opened up Makkah to His Prophet.’

أما‮  ‬تأويل قوله عليه الصلاة والسلام‭:‬‮ ‬لا هجوة بعد الفتح فقد قال العلماء‭:‬‮ ‬أي‮ ‬لا هجرة من مكة بعد الفتح بعد أن صارت دار الإسلام‮  ‬

As for the interpretation of the Prophets saying عليه الصلاة والسلام, “No emigration after the conquest,” the scholars have said that it means there is no emigration from Makkah after conquest and after it became dar al-Islam.

وفي‮ ‬تفسير الخازن عند قوله تعالى‭:‬‮ [‬إنَّ‮ ‬الّذِينَ‮ ‬تَوَفَّاهُمُ‮ ‬الْـمَلاَئِكَةُ‮ ‬ظَالِـمِي‮ ‬أَنْفُسِهِمْ‮]‬يعني‮ ‬بالشرك وقيل بالمقام في‮ ‬دار الشرك وذلك لأن الله لم‮ ‬يَقْبَل الإسلام من أحد بعد هجرة النبي‮ ‬صلى الله عليه وسلم حتى‮ ‬يهاجر إليه ثم نسخ ذلك بعد فتح مكة بقوله‮ ‬صلى الله عليه وسلم لا هجوة بعد الفتح أخر جاء في‮ ‬الصحيحين‮ ‬

Regarding Allah’s word, “Surely those whom the angels cause to die while they are wronging themselves…,” al-Khaazin said in his commentary, “It means, by practicing shirk (associating partners with Allah) and by remaining in the land of the mushrikīn.” The reason for this was that Allah would not accept the declaration of Islam from anyone after the hijrah of the Prophet صلى الله عليه وسلم until he emigrated to him. Then this was abrogated after the conquest of Makkah by the saying of the Prophet صلى الله عليه وسلم, “No emigration after the conquest,” as mentioned in the two Ṣaḥīhs.

وفي‮ ‬تفسير الخازن أيضا في‮ ‬سورة الأنفال عند قوله تعلى‭:‬‮ [‬وَالَّذِينَ‮ ‬آمَنُوا مِن بَعْدُ‮ ‬وَهَاجَرُوا وَجَاهَدُوا مَعَكُمْ‮] ‬اختلافوا‮ ‬في‮ ‬قوله‮ [‬مِن بَعْدُ‮] ‬فقيل من بعد صلح الحدبية وهي‮ ‬الهجرة الثانية وقيل من بعد نزول هذه الآية وقيل بعد‮ ‬غزوة بدر‮ ‬

It’s also found in the commentary of al-Khaazin, in Sūratu-l-Anfāl in the words of the Most High :

And those who afterwards believed and emigrated and strove hard along with you,” ‘scholars have interpreted the meaning of the word ‘afterwards’ in different ways. Some say it meant after the treaty of Ḥudabiyyah which was the second hijrah; some took it to mean after, the revelation of this verse. Others said it meant after battle of Badr.

ثم قال والأصح أن الـمراد به أهل الهجرة الثانية لأنها بعد الهجرة الأولى لأن الهجرة الأولى انقـظعت بعد فتح مكة لأنها صارت دار الإسلام بعد الفتح ويدل عليه قوله صلى الله عليه وسلم لا هجوة بعد الفتح

He (al-Khaazin) then said, “ The most correct interpretation in terms of what is meant by it [مِـن بَـعْدُ],  is that [it is referring to] people of the second hijrah, since it  occurred after first hijrah. This is because the first hijrah ceased after the conquest of Makkah since it became Dār al-l-Islam after the conquest.” This has been proven by the Prophets saying,  “No emigration after the conquest.

وقال الحسن الهجرة‮ ‬غير منقطعة ثم قال ويجاب عن هذا بأن الـمراد من الهجرة من مكة إلى الـمدينة‮ ‬

Al-Ḥasan said, “Emigration has not ceased.” Then he [al-Khaazin] said, “To answer this, what is meant specifically by [the word] hijrah, is the hijrah from Makkah to Madinah.

فأما من كان من الـمؤمنين في‮ ‬بلد‮ ‬يخاف على إظهار دينه من الكفار وجب عليه أن‮ ‬يهاجر إلى بلد لا‮ ‬يخاف فيه على إظهار دينه

As for the believer who is in a place where he is afraid to display his religion because of unbelievers, he has to emigrate to a place where he practice it [his religion] freely.

وقال القسطلاني‮ ‬في‮ ‬الإرشاد شرح البخاري‮ ‬ما دام في‮ ‬الدنيا دار الكفر فالهجرة منها واجبة والحكم‮ ‬يدور مع علته

Al-Qastallaanī11 said in al-Irshaad12, “As long as a land of unbelief exists in the world, emigration from it is obligatory, for the law applies wherever the relevant circumstances exist.

ويدل على ذلك قوله عليه الصلاة والسلام‭:‬‮ ‬لا تنقطع الهجرة حتى تنقطع التوبة ولا تنقطع التوبة حتى تطلع الشمس من الـمغرب وراه أبو داوود عن معاوية وفي‮ ‬ابن عبد السلام‭:‬‮ ‬الهجرة تجب في‮ ‬آخر الزمان كما تجب في‮ ‬أول الإسلام انتهى‮ ‬

That is further proven by the saying of the Prophet صَـلّى الله عليه وسلّم, “Emigration will not stop until repentance ceases and repentance will not cease until the sun rises in the West.” This has been related by Abu Dāwūd on the authority of Muʿāwiyyah. And according to Ibn ʿAbdu-s-Salaam: “Emigration will be obligatory at the end of time just as it was obligatory at the beginning of Islam.

فإن قلت هل‮ ‬يصح الإسلام‮  ‬من أسلم في‮ ‬بلد الكفر ولم‮ ‬يهاجر قلت جوابه كما قال النفراوي‮ ‬في‮ ‬الفواكه الدواني‮ ‬شرح الرسالة لم‮ ‬يبين الـمضف‮ ‬حكم من أسلم من الحربين هل‮ ‬يجوز لهم البقاء في‮ ‬دار الحرب أو‮ ‬يهاجرون منها إلى بلاد الإسلام وبينه‮ ‬غيره بقوله ولو أسلم قوم كفار حيث تنالهم أحكام الكفار وجب عليهم الأرتحال منهم فأن لم‮ ‬يرتحلوا‮ ‬يكونون عاصين لله رسوله وإسلامهم صحيح انتهى‮ ‬

If you said, “Is the Islam of the person who became a Muslim in the land of unbelief valid while he did not emigrate? I would say that the answer is as given by an-Nafraawī13 [in his book] al-Fawaakihu-d-Dawaanī14 a sharḥ for the Risaalah15of Ibn Abī Zayd: The author Ibn Abī Zayd al-Qayrawaanī16 in his book ar-Risaalah did not make clear the law concerning people who live in the abode of war or whether they should emigrate to the land of Islam. However, it has been made clear by another scholar who said, ‘If unbelievers become Muslims, they have to emigrate if they are in a place where they come under the jurisdiction of the unbelievers, for if they do not emigrate, they will be disobedient to Allah and his Messenger although their Islam will still be valid.’”

وكما لا‮ ‬يختلف اثنان أن الـمقيم ببلد الحرب اختيارا عاص لله ورسوله لا‮ ‬يختلقان أيضا أن شهادته لا تجوز وفي‮ ‬الـمعيار لا شهادة الدجن وقضائهم لأنهم رضوا أن‮ ‬يكونوا تحت إبالة النصاري‮ ‬وفيه أيضا سئل الـمازري‮ ‬عن أحكام تأتي‮ ‬من صقلية من عند قاضيها أو شهود عدول هل‮ ‬يقبل ذلك أو لا ولا ندري‮ ‬إقامتهم هناك تحت أهل الكفر هل اضطر ار أو اختيار فأجاب هذا الـمقيم ببلد الحرب إن كان اضطرارا فلا شك أنه لايقدح‮ ‬في‮ ‬عدالة وكذلك إن تاويلة صحيحا مثل إقامة‮ … ‬لرجاء هداية أهل الحرب‮ … ‬وأما لو أقام بحكم الجاهلية والإعراض عن التأويل اختيارا فلا شك‮ ‬أنه‮ ‬يقدح في‮ ‬عدلته‮ … ‬ومن ظهرت عدالته وشك في‮ ‬إقامة على أي‮ ‬وجه فالأصل عذره‮ … ‬إلا أن تكون قرائن تشهد على أن أقامة كانت إختيارا‮ … ‬

Similarly no one disputes that whoever remains, by choice, in dar al-harb is disobedient to Allah and His Messenger, or that such a man’s testimony is invalid. It has been said in al-Miʿyaar, “The testimony of  ad-dajin17is not valid nor is that of their judges, because they are content to remain under the sovereignty of the Christians.” In al-Miʿyaar, “Al-Maazarī18 was asked whether decisions arrived at in Sicily by its qādī or upright witnesses (ʿuḍūl) could be accepted or not, assuming we do not know whether their stay there by choice or out of necessity. He replied, ‘There is no doubt that the testimony of man remaining in dar al-harb out of necessity. Likewise, if his reasons for staying there was sound, for example, if he hoped to guide the people in dar al-harb. However, if he chose to stay there, while living under the rule of jaahiliyyah (rule of those who have no knowledge of Islam) without any sound reason, then there is no doubt that his uprightness comes under question, while he whose uprightness is clear but whose reason for staying there is not clear, then the rule is to give him the benefit of the doubt, unless circumstantial evidence points to to the fact that his stay there was of his own choosing.

وتولية الكفار للقاضي‮ ‬باطبة ومع ذلك لا‮ ‬يقدح في‮ ‬تنفيذ أحكامه إذ حجر الناس بعضهم بعضا واجب

If an unbeliever appoints a man to the position of qādī, that appointment is invalid, nevertheless, the qādī’s decrees are binding because it is essential to protect people from one another.’

قلت هذا كله فيمن لم‮ ‬يقاتل الكفار حتى‮ ‬غلبهم وقدر على إظهار الدين وصار البلد به دار الإسلام إد قال القسطلاّني‮ ‬في‮ ‬الإرشاد شرح البخاري‮ ‬قال الـماوردي‮ ‬إذا قدر على إظهار الذين في‮ ‬بلد من بلاد الكفر قد صارت البلد به دار الإسلام فالإقامة فيها أفضل من الرحلة لـما‮ ‬يرجي‮ ‬من دخول إسلام إنتهى

I (Shaykh ʿUthmaan) have said all of this about those who have fought the unbelievers until they overcame them, and were in a position to render Islam a victory; the place then becomes dar al-Islam.  In this respect, al-Qastallaanī in his book al-Irshaad quotes al-Maawardī19 as saying, “If Islam can be granted victory in a land of unbelief, then it is better to remain there than to leave, since it is expected that others will accept Islam.

For the Shāfī position on Hijrah click the following link: The Abodes of the Earth

For the Hanbalī position on Hijrah click the following link: Mardin Fatwa: Madness And Muffling Falsehood 1

For a further and more extensive study, read the following scholarly text by Sh. Muhammad Shareef: Zaman’ n-Nasaara

Footnotes: (The footnotes are interactive. Click on each footnote number to find its reference point.)

1 He is Jalaalu-d-Dīn Adur Rahmān bin Abi Bakr as-Suyuutī a Shāfī scholar also known as Ibn al-Kutub (the son of books) had a great influence on many West African scholars.  He was an Egyptian writer, religious scholar, juristic expert and teacher whose works deal with a wide variety of subjects in Islamic theology.
2 At-Takmilah is a tafsīr  of as-Suyuutī’s
3 He is al-Mukhtaar bin Ahmad al-Waafi al-Kuntī, a Mālikī scholar from the Kunta tribe found in West Africa, and he is also a shaykh of the Qādirī tarīqah. He was born in Arawan to the North of Timbuktu.
4 Written by al-Mukhtaar al-Kuntī
5 He is Aḥmad bin Yaḥya al-Wansharīsī, Mālikī mufti of Fez (1430-1508) scholar born in Tlemcen (present-day Algeria). Principally known for his compilation of North African and Andalusian legal opinions (fatwas).
6 Its full title name is Al Miʿyaaru-l-Muʿrib Wa-l-Jaamiʿu-l-Mughrib ʿan Fatāwī Ahli-l-Ifriqiyyah, Wa-l-Andalus Wa-l-Maghrib (Click on link to see text). Referred to as a ‘mountain walking on the Earth’, Al-Miʿyaar is a compilation of North African and Andalusian legal opinions (fatwas) which is a source of information on the social, cultural, economic, and juridical practices of medieval al-Andalus and the Maghreb.
7 The tafsīr of al-Khaazin is known as  ’Lubab at-Taʿwīl fi Maʿānī at-Tanzil‘.
8 His name is ʿAlā ad-Dīn ʿAli bin Muḥammad bin Ibrahīm  al-Baghdādī as-Sufī (d 725/1340).
9 He is Abdus-s-Salaam Al-Laqqaanī a Mālikī jurist and scholar of Egypt.
10 Al-Laqqaanī’s sharḥ for Jawhaaratu-t-Tawhīd
11 He is Imām Shihaabu-d-Dīn Abu-l-ʿAbbaas Aḥmad ibn Muḥammad ibn Abu Bakr, al-Qastallaanī al-Qutaybī ash-Shafiʿī (d. 923H)
12 Irshaadu-s-Saari li Sharḥ Saḥīḥ al-Bukhārī by al-Qastallanī. It is one of the most well known commentary on Saḥīḥ al-Bukhārī.
13 He is Ahmad bin Ghunaym an-Nafrāwī,  a Mālikī scholar of Egypt (d. 1713).
14 al-Fawaakihu-d-Dawaanī a sharḥ for the Risaalah
15 Ar-Risaalah is an instructional book devoted to the education of young children which  is a summary of the main aspects of aqīdah (Faith), fiqh (Jurisprudence) and akhlaaq (character).  It is divided into 45 chapters. ibn Abī Zayd wrote this book at the age of seventeen.
16 He is Abū Muhammad Abdullah ibn Abī Zayd al-Qayrawaani who was a Malīkī scholar and teacher from Qayrawaan in Tunisia (922–996).
17 The verb dajana means to become domesticated, tame; to remain; to stay; to get used to; to become habituated; to be accustomed to. Therefore ad-dājin is one who remains or stays behind because he has become accustomed to his current habitat (preferred surroundings) and because of this, he’s afraid of emigrating or refuses to do so.
18 He is Muḥammad bin ʿAlī al-Maazarī of Sicilian origin who settled in Maḥdiyyah, Tunisia (1058-1141)
19 He is ʿAbu al-Hasan Ali Ibn Muhammad Ibn Habib al-Mawardi a Shāfī faqih of Persian origin; qādi of Ustawa near Nīsāpūr. Al-Mawardi’s works on Islamic governance are recognized as classics in the field. He is well remembered for his treatise  Al-Aḥkaam as-Sulṭaniyyah w-a-d-Dīniyyah on ‘The Ordinances of Government‘ which provides a detailed a definition of the functions of the khalifate.

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