Bukhari

Chapter of Sahih Bukhari Hadith No. 3016: «بَابُ لاَ يُعَذَّبُ بِعَذَابِ اللَّهِ:»
Relationship between the Chapter and the Hadith:
There is a literal connection between the translation of the chapter and both hadiths, because in both hadiths there are clear words stating «لا تعذبوا بعذاب الله» that “Do not punish anyone with the punishment of Allah (the Fire).” However, there are some objections raised in both hadiths, the answers to which are extremely necessary, because there is no disagreement between the translation of the chapter and the hadith, but the objections arising in the hadiths require detailed and important explanation.

Objection No. 1:
The Noble Prophet sallallahu alayhi wa sallam first said to burn them in the Fire, but later he gave a second command contrary to his own statement, that burning with fire is not for anyone except Allah. Therefore, kill them (but do not burn them).

Objection No. 2:
In the hadith, the word «فلانا و فلانا» is used, and in it, the command is given to kill two men, whereas in Sunan Abi Dawud, the command is given to kill only one man.

Objection No. 3:
Some scholars say that Sayyiduna Ali radi Allahu anhu did not burn them with fire, so which group is closer to the evidence: those who say he did burn them, or those who deny it?

Answer to the First Objection:
In the aforementioned hadith, ijtihad (independent reasoning) of the Noble Prophet sallallahu alayhi wa sallam is mentioned. First, the Prophet sallallahu alayhi wa sallam gave the command to burn, but later he forbade the Companions from this act. In reality, the command to burn before the prohibition was the ijtihad of the Prophet sallallahu alayhi wa sallam. Matters of ijtihad refer to such religious issues in which the solution to a new problem is sought in the light of previous revelation. That is, scholars whose entire life revolves around the sciences of Shari‘ah can attain this position, but since among all humans, the one closest to Allah and most deserving of insight was the Prophet sallallahu alayhi wa sallam, due to this relationship, he was most entitled to perform ijtihad.

And whenever any correction was needed in the ijtihad of the Prophet sallallahu alayhi wa sallam, it would be rectified by clear revelation (i.e., through the Qur’an) or by revelation (i.e., through hadith) from Allah Ta‘ala. There are many evidences of the Prophet’s sallallahu alayhi wa sallam ijtihad in the books of hadith. The scholars have divided them into four types:
① The Prophet’s sallallahu alayhi wa sallam ijtihad in worldly matters.
② The Prophet’s sallallahu alayhi wa sallam ijtihad in matters of warfare.
③ The Prophet’s sallallahu alayhi wa sallam ijtihad in judgments.
④ Ijtihad in acts of worship.

That is, these are the matters in which the Prophet sallallahu alayhi wa sallam performed ijtihad. For example, a woman came to the Prophet sallallahu alayhi wa sallam and asked: “Hajj was obligatory on my father and he died. Can I perform Hajj on his behalf?” The Prophet sallallahu alayhi wa sallam said: “Tell me, if your father had a debt, would you pay it?” She said: “Yes, I would pay it.” The Prophet sallallahu alayhi wa sallam said: “Then Allah Ta‘ala is more deserving (that His right be fulfilled).”

This was the ijtihad of the Prophet sallallahu alayhi wa sallam, which he expressed in his own wise words.

The evidences regarding the ijtihad of the Prophet sallallahu alayhi wa sallam can be seen as follows:
① The issue of «تعبير النخل». [صحيح مسلم، شرح النووي 10/190]
② The issue of declaring honey unlawful. [سورة التحريم 1/22-3], [صحيح البخاري، كتاب التفسير، رقم 4912]
③ The Prophet sallallahu alayhi wa sallam frowning when Abdullah bin Umm Maktum came. [سورة عبس: 14] [تفسير ابن كثير، ج 5، ص: 182]
④ On the Day of Badr, the Prophet sallallahu alayhi wa sallam sought consultation from the Companions radi Allahu anhum. [السيرة النبوية لابن هشام، ج 2، ص: 272]
⑤ On the opinion of Sayyiduna Salman al-Farsi radi Allahu anhu, the Prophet sallallahu alayhi wa sallam ordered the digging of a trench on the east side of Mount Sal‘. See: [سورة الأحزاب : 9] [السيرة النبوية لابن هشام، ج 3، ص: 235]
⑥ The Prophet sallallahu alayhi wa sallam said: “And I am also a human being, and sometimes you bring your disputes to me, so perhaps one of you may be more eloquent in presenting his case than the other . . . . .” [صحيح البخاري، كتاب الحيل، رقم الحديث: 6967]
⑦ The Prophet sallallahu alayhi wa sallam gave the order to kill regarding the accusation against his umm walad. [صحيح مسلم بشرح النووي، ج 17، ص: 118 رقم: 2771]
⑧ When the Companions of the Prophet sallallahu alayhi wa sallam came to Madinah, they wondered how to gather people for prayer. Some suggested a bell, others said to gather as the Jews did for their worship. Sayyiduna Umar radi Allahu anhu suggested that a man should call for prayer (give adhan), so the Prophet sallallahu alayhi wa sallam said: “O Bilal! Give the adhan.” Then this was confirmed by revelation. See: [فتح الباري، ج 2، ص: 7783]
⑨ For the change of qiblah, the Prophet sallallahu alayhi wa sallam repeatedly raised his face towards the sky, wishing for the qiblah to be changed from Bayt al-Maqdis to Bayt al-Haram. This wish of ijtihad was also maintained by revelation. [السيرة النبوية لابن هشام، ج 2، ص: 155]
⑩ The Prophet sallallahu alayhi wa sallam did not find some people in the prayer and said: “I intended to order a man to lead the people in prayer, then I would go to those who stayed behind from the prayer (i.e., were absent), then I would order that a pile of wood be gathered and their houses be burned.” [صحيح مسلم، كتاب المساجد، ج 1، ص: 451]

In the aforementioned hadith, the Prophet sallallahu alayhi wa sallam intended to burn those who neglected prayer in the Fire, and this is a clear ijtihad of the Prophet sallallahu alayhi wa sallam.

There are also many other examples of the Prophet’s sallallahu alayhi wa sallam ijtihad found in the books of hadith. The scholars differ on whether it is possible for the Prophet sallallahu alayhi wa sallam to make a mistake in ijtihad. Some scholars say it is possible, while others deny it.

Ibn al-Subki writes:
«و الصواب أن اجتهاده صلى الله عليه وسلم لا يخطي.» [جمع الجوامع لابن السبكي مع حاشية البناني، ص: 404]
“The correct view is that it is not possible for the Prophet sallallahu alayhi wa sallam to make a mistake in ijtihad.”

Al-Baydawi says:
«”لا يخطئ اجتهاده صلى الله عليه وسلم“، و تابعه فى هذا الامامان: الأسنوي و البرخشي وقال الامام الفخرالدين الرازي: انه الحق.» [شرح الاسنوي، ج 2، ص: 196 - التقرير و التجهر، ج 3، ص: 300]
That is, it is not possible for the Prophet sallallahu alayhi wa sallam to err in ijtihad, and this is also the view of Imam al-Asnawi and al-Barkashi. Imam Fakhr al-Din al-Razi says that (this position) is correct. And those who consider the occurrence of error permissible have also derived this from various types of evidence. Thus, in «المسودة», the statement of Imam Khattabi rahimahullah is present. He considered error permissible, but with a condition. He says:

«أكثر العلماء متفقون على انه قد يجوز على النبى صلى الله عليه وسلم الخطاء فيما لم ينزل عليه وحي، ولكنهم مجمعون على أن تقريره على الخطاء غير جائزة.» [المسودة لآل ابن تيمية، ص: 59]
“That is, most scholars agree that error is permissible for the Prophet sallallahu alayhi wa sallam as long as revelation has not descended, but there is consensus that it is not permissible for him to remain upon (an error in ijtihad).”

Further, in al-Maswaddah it is written:
«قال أصحابنا بجواز تطرق الخطاء فى اجتهاد النبى صلى الله عليه وسلم ولكن لا يقر عليه.»

From these brief quotations, it is clear that the scholars differ on this issue. If we summarize the opinions, it becomes clear that in worldly matters, it is possible for the Prophet sallallahu alayhi wa sallam to make a mistake in ijtihad, as the hadith of «تعبير النخل» indicates. As for ijtihad in legal rulings, it is not possible for the Prophet sallallahu alayhi wa sallam to err, except that if Allah Ta‘ala wished to further correct something, He would do so.

Because in legal rulings, the ijtihad of the Prophet sallallahu alayhi wa sallam was based on evidence.

Imam al-Mawardi says:
«أي الأنبياء لا يجتهدون إلا عن دليل.» [أدب القاضي للماوردي، ج 1، ص: 54]
“That is, the ijtihad of the Prophets alayhimussalam is based on evidence.”

Therefore, the ijtihad of the Prophet sallallahu alayhi wa sallam in legal rulings does not involve error, except if he gave advice in a worldly matter, in which case it is possible, as the Prophet sallallahu alayhi wa sallam said:
«وما كان من أمر دنياكم فأنتم أعلم به.»

Note: Many prominent personalities in the present age have taken advantage of the above differences and, due to these differences, have established the principle that only twenty-six (26) of the Sunnahs of the Prophet sallallahu alayhi wa sallam are included in the principles of Shari‘ah . . . .

Respected readers! Hold fast to this issue: the Noble Qur’an has, in absolute terms, declared the life of the Prophet sallallahu alayhi wa sallam as “the best example,” and nowhere in the entire Qur’an or in the hadiths of the Messenger of Allah sallallahu alayhi wa sallam is there any restriction regarding following him. Just understand this much: in any hadith where the Prophet sallallahu alayhi wa sallam himself declared his statement to be an opinion, then only that will be considered an opinion. Otherwise, it is not permissible for any follower to make a restriction regarding your life. Allah Ta‘ala has, in clear words, cut the root of such misguidance. Allah Ta‘ala says:
«﴿وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا وَاتَّقُوا اللّٰهَ إِنَّ اللّٰهَ شَدِيدُ الْعِقَابِ﴾» [الحشر : 7]
“Whatever the Messenger gives you, take it, and whatever he forbids you, abstain from it.”

This is a general command and principle. Every statement of the Prophet sallallahu alayhi wa sallam is religion and Shari‘ah, and every prohibition is also a ruling of Shari‘ah. Now, no one is allowed to make a restriction, except if the Prophet sallallahu alayhi wa sallam himself made a restriction in a hadith.

Therefore, the command to burn that the Prophet sallallahu alayhi wa sallam gave was his ijtihad, and Allah Ta‘ala abrogated this ijtihad. Hafiz Ibn Hajar rahimahullah writes:
“This command was given by the Prophet sallallahu alayhi wa sallam through revelation,” or it was his ijtihad. In any case, in both situations, there is an abrogator for the previous command. [فتح الباري، ج 6، ص: 186]

Answer to the Second Objection:
In the hadith, it is mentioned “so-and-so and so-and-so,” meaning there were two men, but in Abu Dawud, the command is given to kill only one man.

Hafiz Ibn Hajar rahimahullah, reconciling these narrations, says:
“In the narration of Sunan Abi Dawud, by «فلانًا» is meant Hubar bin Aswad, and only Hubar is mentioned because he was the main attacker; Nafi‘ bin Abd al-Qays was only an accomplice.” [فتح الباري، ج 6، ص 185]

Answer to the Third Objection:
Did Sayyiduna Ali radi Allahu anhu not burn this group with fire? Which statement is correct?

Thus, Isma‘il narrated from Ibn Abi ‘Umar from Sufyan, and Muhammad bin ‘Abbad from Sufyan, from both sides, a narration in which Sufyan bin ‘Uyaynah says that someone saw ‘Amr bin Dinar, Ayyub, and ‘Ammar al-Dhahabi in a gathering discussing those whom Sayyiduna Ali radi Allahu anhu had burned. Ayyub also narrated this in the chapter, so ‘Ammar said: Sayyiduna Ali radi Allahu anhu did not burn those people, rather he had pits dug and smoke from fire released upon them. Upon this, ‘Amr bin Dinar recited these verses:

Rami bi al-manaya haythu sha’at
Idha lam turam bi fi hadratayn
Idha ma ajjaju hataban nara
Hunalika al-mawt naqdan ghayra dayn [فتح الباري، ج 6، ص: 186]

That is, death may throw me wherever it wishes, but not into two pits, because when wood is burned and the fire is kindled, there death is received in cash, not on credit.

From the above poetry, it is understood that wood was burned and the fire was kindled, as a result of which they were burned.

Imam Bukhari rahimahullah, in the Book of Hudud, has narrated a report in which burning with fire is explicitly mentioned. Thus, in the Book of Hudud, these words are transmitted:
«أتى على بزنادقة فأحرقهم» [صحيح البخاري، رقم: 6922]

And in Musannaf Ibn Abi Shaybah, these words are present:
«كان أناس يعبدون الأصنام فى السر و يأخذون العطاء، فأتى بهم علي رضي الله عنه فوضعهم فى السجن، واستشار الناس فقالوا: اقتلهم، فقال: لا، ولكن أصنع بهم كما صنعوا بأبينا إبراهيم عليه السلام فحرقهم بالنار.» [مصنف ابن ابي شيبه، كتاب السير، ج 17/589، رقم الحديث: 33821]
“Some people secretly worshipped idols and also received its offerings. They were brought to Sayyiduna Ali radi Allahu anhu, so he imprisoned them. Then he consulted people (about what punishment to give them). The people said they should be killed. He said: No, rather I will do to them what they did to our father Ibrahim alayhis salam. So he burned them all.”

Therefore, the summary is that the followers of Abdullah bin Saba were burned in the fire; the evidences indicate this issue.

Hadith Commentary:
Some of the Companions (radi Allahu anhum) considered this (burning with fire) to be absolutely prohibited, even if it is done as retribution (qisas); while others deemed it permissible, as is narrated from Ali (radi Allahu anhu) and Khalid ibn al-Walid (radi Allahu anhu).
Mahlab said that this prohibition is not one of prohibition (tahrimi), but rather is for the sake of humility.
In our times, the instruments of war such as cannons, guns, dynamite, torpedoes, etc., are all essentially fire. And since the disbelievers have begun to use them, therefore it is also permissible for Muslims to use them.
(Wahidi)
In the humble opinion of the translator, the use of these modern weapons is a separate matter, and burning someone with fire in an absolute sense is another matter, which cannot be approved either legally (shar'an) or ethically.

Hadith Commentary:
➊
By "so-and-so, so-and-so" is meant Habar bin Aswad and Nafi' bin 'Abd Qays.
Habar bin Aswad struck the camel of Zaynab radi Allahu anha, the daughter of the Messenger of Allah sallallahu alayhi wa sallam, with a spear while she was migrating to Madinah Tayyibah.
She fell from the camel and, due to this trauma, became ill.

➋
The Messenger of Allah sallallahu alayhi wa sallam formed a detachment under the leadership of Hamzah bin 'Amr al-Aslami radi Allahu anhu so that they might bring him to justice, but despite searching, they could not find him. Eventually, Habar became Muslim.
He remained alive until the era of the rule of Mu'awiyah radi Allahu anhu.
(Fath al-Bari: 6/181)

➌
The definitive ruling is that no one should be punished with fire, but if, in battle, overpowering the disbelievers can only be achieved by this method, then it is permissible to use fire.
And Allah knows best.