Hafiz Zubair Ali Zai
The Chapters of the Hadith Scholars: “First and After?!”
Question:
Ilyas Ghuman Sahib, in one of his speeches, has said that the Ahl al-Hadith act upon abrogated (mansukh) narrations, while we Deobandis act upon abrogating (nasikh) narrations.
And he presents a rule and principle, claiming that the noble hadith scholars (muhaddithin), rahimahumullah ajma‘in, in their books of hadith, first brought the abrogated narrations or actions, and then they collected the abrogating narrations.
Is this really correct?
And while giving an example, he states that the hadith scholars, in their books, first mentioned the narrations about performing raf‘ al-yadayn (raising the hands in prayer), and then mentioned the narrations about not performing it—that is, raf‘ al-yadayn is abrogated and not performing raf‘ al-yadayn is abrogating. Similarly, the hadith scholars first mentioned the narrations about reciting al-Fatihah behind the imam, and then the narrations about not reciting al-Fatihah behind the imam. The Ahl al-Hadith act upon abrogated narrations, and we act upon the abrogating ones.
Is the rule and principle stated by Ilyas Ghuman Sahib really the rule of the majority of hadith scholars, and do the Deobandis act upon this rule, while the Ahl al-Hadith oppose it? Please clarify this.
The Answer:
The statement of Ghuman Sahib mentioned above is incorrect for several reasons; however, first, ten (10) references regarding the chaptering (tabwib) of the hadith scholars are presented for your consideration:
3) Imam Ibn Majah first established the chapter prohibiting urinating towards the Ka‘bah:
«بَابُ النَّهْيِ عَنِ اسْتِقْبَالِ الْقِبْلَةِ بِالْغَائِطِ وَالْبَوْلِ»
[سنن ابن ماجه ص 48 قبل ح 317]
And afterwards, he established the chapter:
«بَابُ الرُّخْصَةِ فِي ذَلِكَ فِي الْكَنِيفِ، وَإِبَاحَتِهِ دُونَ الصَّحَارِي»
That is, the chapter on the permissibility of facing the qiblah in the toilet instead of in the open desert.
[سنن ابن ماجه ص 49 قبل ح 322]
So, Ghuman Sahib! Do you, based on your principle, consider the prohibition of urinating facing the qiblah to be abrogated?!
For the original article, see Fatawa ‘Ilmiyyah, also known as Tawdhih al-Ahkam (Volume 3, pages 250 to 259), and Tahqiqi wa ‘Ilmi Maqalat (Volume 4, pages 482 to 488) by Shaykh Hafiz Zubair Ali Zai rahimahullah.
Source: Research and Scholarly Articles by Shaykh Zubair Ali Zai, Page: 482