Muwatta Malik (Qasim)

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه البخاري 184، من حديث مالك به]

Jurisprudential Points (Tafaqquh):
➊ It is permissible to gesture during prayer (salah) in case of necessity, and this does not invalidate the prayer.
➋ The punishment of the grave is a reality for both disbelievers and sinful Muslims.
➌ The emergence of the Dajjal will occur before the Day of Judgment.
➍ Questioning and answering in the grave is a reality.
➎ Blind following (taqlid) is not permissible; rather, it is forbidden.
➏ In case of necessity, it is permissible to speak to someone performing prayer, for example, saying: "After finishing the prayer, close the door of the mosque," or "Come to me," etc.
➐ Also see: [الموطأ حديث : 171، 459، 496]

Hadith Commentary:
The meaning of the chapter is derived from this phrase: "We accepted what they said; we believed in them."

Hadith Commentary:
➊
The relevance of this hadith to the chapter heading is as follows: A believing person will say regarding the Messenger of Allah (sallallahu alayhi wa sallam):
Hazrat Muhammad (sallallahu alayhi wa sallam) came to us with clear and manifest signs; we accepted them and believed in you (sallallahu alayhi wa sallam). Therefore, a believer is one who adheres to the Sunnah of the Messenger of Allah (sallallahu alayhi wa sallam) and makes this way a part of his life. Furthermore, this hadith provides guidance for a path and methodology for living life, and that is to submit humbly before the evidences of the Qur'an and Hadith, to accept them, and to act according to them.
This is a sign of the people of faith, and such an attitude is absolutely necessary for success in the Hereafter.
➋
On the contrary, to give preference to people's statements over the evidences of the Qur'an and Hadith, to accept the sayings of men, and to consider the words of elders as worthy of practice cannot be the way of a believer. Rather, such an attitude is adopted by one who is afflicted with doubts and suspicions or is immersed in disbelief and hypocrisy.
In any case, we should live our lives according to the way and methodology described in this hadith, and bid farewell to the way of the hypocrite or the person afflicted with doubt. In this lies our salvation and success in the Hereafter.
May Allah grant us the ability to adopt this.
Ameen

Hadith Commentary:
➊
From this lengthy hadith, Imam Bukhari rahimahullah has only established that gestures are valid.
Aisha radi Allahu anha answered the question of Asma radi Allahu anha with a gesture.
This was not refuted, therefore the issue is established that it is permissible to answer with a gesture of the head or hand, provided that the gesture is understood and indicates the intended meaning.
Imam Bukhari rahimahullah, by restricting the use of gestures to issuing legal verdicts (fatwa), has indicated that in teaching and lecturing, gestures are not sufficient; however, at the time of issuing a fatwa, a gesture may be used for affirmation or negation.

➋
From this hadith, the punishment of the grave and the questioning by angels therein is also established, and it is also understood that whoever doubts the messengership of the Messenger of Allah sallallahu alayhi wa sallam is outside the fold of Islam. Furthermore, it is also established that a light fainting (minor loss of consciousness) does not invalidate ablution (wudu).
(‘Umdat al-Qari: 137, 138/2)

➌
The trial (fitnah) of the Dajjal will be that he will claim divinity, and as proof, he will go to graves and say to the inhabitants of the graves, “Rise by my command,” and they will stand up.
In reality, the matter will be that the devils (shayatin) who are subservient to him will emerge from the graves in the forms of the dead, resembling the deceased.
This will be a tremendous trial for the people.
Even more severe conditions will be in the grave.
The examiner (munkar and nakir) will be terrifying and harsh in temperament, then there will be solitude; at such a moment, even the bravest will be overwhelmed.
May Allah protect us from it.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has narrated this report in an extremely concise manner. In Sunan al-Nasa’i, there is detail that due to the weeping and lamentation of the Muslims, I could not understand the sermon of the Messenger of Allah sallallahu alayhi wa sallam. So, when he became silent, I said to a man sitting nearby: May Allah grant you goodness and blessings! What did the Messenger of Allah sallallahu alayhi wa sallam say at the end of his sermon? He said: He said, “It has been revealed to me that you will be subjected to trial and tribulation in your graves like the trial of Dajjal.” (Sunan al-Nasa’i, al-Jana’iz, Hadith: 2064)

(2)
Another narration regarding the punishment of the grave is also very clear, which has been narrated by Umm Mubashshir radi Allahu anha, the wife of Zayd ibn Harithah radi Allahu anhu. She said that the Messenger of Allah sallallahu alayhi wa sallam came to me while I was occupied with my work in the garden of Banu Najjar. In this garden, there were graves of people who had died before Islam. He heard their cries due to the punishment and left from there saying: “Seek refuge with Allah from the punishment of the grave.” I said: O Messenger of Allah! Is there punishment in the graves for them? He said: “Yes, there is such punishment that only animals hear their cries.” (Musnad Ahmad: 362/6)

Explanation:
The leader of the scholars of hadith (Imam al-Muhaddithin) has established from this that ablution (wudu) is not nullified by a minor fainting spell, as Sayyidah Asma’ radi Allahu anha continued to pour water over her head and still performed the prayer.

Hadith Commentary:
➊
Imam Bukhari rahimahullah counts loss of consciousness (ghashi) among the nullifiers of ablution (nawāqid al-wudu), and by adding the qualification of “muthqil” (that which heavily burdens), he refutes those who consider it an absolute nullifier. According to Imam Bukhari rahimahullah, loss of consciousness is not an absolute nullifier; only that loss of consciousness is a nullifier which burdens a person to such an extent that his senses are suspended. The basis of this reasoning is the action of Asma’ radi Allahu anha: she was affected by a fainting spell during prayer, but her senses remained intact; in that state, she continued to pour water over her head so that the unconsciousness would dissipate. She continued to pray in this state. This action of hers occurred while she was in congregation with the Messenger of Allah sallallahu alayhi wa sallam, so by the tacit approval (taqrir) of the Prophet, it became a proof. From this, it is understood that this type of fainting does not break ablution. It should be noted that according to the hadith, the effects of fainting appeared on Asma’ radi Allahu anha, but Islahi Sahib says: “The reality is that according to this narration, Asma’ radi Allahu anha feared that she might faint, but she did not actually faint.” (Tadabbur Hadith: 1/285) Alas, the comprehension of speech is known to the higher world; in reality, the purpose of such people is to cast doubt upon the hadiths, by whatever means possible.

➋
There is no doubt that unconsciousness (ighma’), insanity (junoon), and heavy fainting (ghashi muthqil) are among the nullifiers of ablution, and all the Imams are agreed upon this. Imam Bukhari rahimahullah is also with the majority in this matter, but Ibn Hazm disagrees with this position. He has written that the claim of consensus (ijma’) on this is utterly false. Only three individuals have expressed an opinion on this: Ibrahim al-Nakha’i and Hammad are of the view that ablution is required after fainting, and Hasan al-Basri orders a ritual bath (ghusl) after it. So where is the consensus? Sleep is not similar to unconsciousness, insanity, or fainting, so analogy (qiyas) upon sleep is also not correct. Then, everyone agrees that due to fainting and unconsciousness, ihram, fasting, and other related matters remain valid; none of them become invalid. How, then, can ablution become invalid without any explicit text (nas sareeh)? However, contrary to this, it is established from the action of the Messenger of Allah sallallahu alayhi wa sallam that when, during his final illness, he intended to come out for prayer, he was overtaken by unconsciousness; then, when he regained consciousness, he performed a ritual bath (ghusl). In this, the narrator of the mentioned hadith, Aisha radi Allahu anha, did not mention ablution, and the ritual bath was also for the purpose of regaining strength. (Al-Muhalla Ibn Hazm: 1/222) From this, it is understood that according to Ibn Hazm, ablution is not nullified by fainting or unconsciousness, no matter how severe, because there is no explicit text for it. Although in the hadith of Aisha, only a mild form of fainting is mentioned, in which there was no loss of intellect or senses. It is possible that Imam Bukhari rahimahullah established this chapter precisely to refute such views.

➌
Some individuals have also used this hadith to argue for the “present and witnessing” (hazir wa nazir) nature of the Messenger of Allah sallallahu alayhi wa sallam, because in it the phrase “this man” (hādhā al-rajul) is used for him, whereas what is intended is mental presence (istihdar dhihni). Just as when the King of Rome, Heraclius, questioned Abu Sufyan radi Allahu anhu about the Messenger of Allah sallallahu alayhi wa sallam, the words “this man” were also used, even though the Messenger of Allah sallallahu alayhi wa sallam was not present there; this style was adopted only for the sake of mental presence.

Hadith Commentary: Benefits and Issues:

➊ (Wa idha qara’al-imamu fa’ansitu) — “When the imam recites, then remain silent.”
The connection of this statement is with the recitation after Surah al-Fatihah, because without Surah al-Fatihah, the prayer is not valid. In this way, both hadiths are acted upon: in audible (jahr) prayers, when the imam recites, the follower (muqtadi) will recite only Surah al-Fatihah quietly, and for the subsequent recitation, he will listen attentively and will not recite himself. In silent (sirri) prayers, since the recitation is not loud, there is no possibility of hearing the imam’s recitation. Therefore, in that case, the follower will recite himself.

➋
Imam Muslim has accepted the hadith of Abu Hurairah radi Allahu anhu (Wa idha qara’al-imamu fa’ansitu) as authentic, but since there is no consensus on its authenticity, he did not include it in Sahih Muslim. From this, it is understood that Imam Muslim only narrates those traditions in his Sahih which, according to the established principles and standards of all the imams of hadith, are authentic, and in this regard, there should be consensus on their authenticity.

➌
Regarding the words of Abu Hurairah radi Allahu anhu (Wa idha qara’al-imamu fa’ansitu) and similarly the authenticity of these words in the hadith of Sulayman, there is a difference of opinion among the imams of hadith. Imam Abu Dawud rahimahullah, Sijistani rahimahullah, Yahya ibn Ma’in rahimahullah, Abu Hatim Razi rahimahullah, Darqutni rahimahullah, and Abu Ali Nishapuri rahimahullah do not consider these words to be correct. According to them, (hadhihi al-lafzatu ghayru mahfuzah) — “this wording is not preserved.” All the students of Qatadah differ with Sulayman Himi in these words.

➍
The words of tashahhud have been narrated by various Companions radi Allahu anhum with slight verbal differences. Imam Muslim has transmitted the tashahhud from Ibn Mas’ud radi Allahu anhuma, Ibn Abbas radi Allahu anhuma, and Abu Musa al-Ash’ari radi Allahu anhu. He did not narrate the words from Umar radi Allahu anhu or Aisha radi Allahu anha. All are correct in their own right, and any of them may be recited. There is a difference among the imams regarding which is superior. According to Imam Abu Hanifah rahimahullah, Imam Ahmad rahimahullah, the Ahl al-Hadith, and the majority of jurists, the tashahhud of Ibn Mas’ud radi Allahu anhuma is superior because it is the most authentic. According to Imam Shafi’i rahimahullah and some Malikis, the tashahhud of Ibn Abbas radi Allahu anhuma is superior, and according to Imam Malik rahimahullah, the tashahhud attributed to Umar radi Allahu anhu (mawquf) is superior because he taught it from the pulpit. However, it is clear that a mawquf narration cannot be given preference over a marfu’ one.

According to Imam Shafi’i rahimahullah, reciting tashahhud in the first sitting (qa’dah) is Sunnah, and the tashahhud of Islam (i.e., the final one) is obligatory. According to the majority of hadith scholars, both are obligatory. Imam Ahmad rahimahullah considers the first to be obligatory and the second to be fard (compulsory). According to Imam Abu Hanifah rahimahullah, Imam Malik rahimahullah, and the majority of jurists, both are Sunnah.

The phrase "a trial like the tribulation of Dajjal" refers to the questioning and answering in the grave. It has been likened to the tribulation of Dajjal because both are extremely perilous situations. To remain steadfast upon the word of truth in the face of Dajjal's terror, authority, and powers is akin to walking on the edge of a sword. Similarly, the horror of the grave, the awe-inspiring presence of the angels, their terror, and the loneliness of confinement are by no means trivial matters. Without the mercy of Allah Ta'ala, it will be extremely difficult to remain firm upon the "correct answer."

Takhrij:
[صحيح بخاري 1373],
[سنن النسائي 2064 وسنده صحيح]

Fiqh al-Hadith:
➊ The trial of the grave, such as the grave squeezing the deceased and giving a jolt, is a reality.
➋ The punishment of the grave for disbelievers and hypocrites is a reality. Likewise, some sinful Muslims will also be punished in the grave, except for those whom Allah, the Exalted, by His grace and mercy, forgives and saves from the punishment of the grave.
➌ Since all the Companions (radi Allahu anhum) are just («كلهم عدول»), therefore, if the name of a Companion who is the narrator of a sahih (authentic) or hasan (good) hadith is not known, it is not harmful, whether the narration from the Companion to the Successor (Tabi‘i) is by «عن» (provided he is not a mudallis and hearing is established), or the Successor has explicitly stated hearing.
➍ Taking a narration from a narrator is not taqlid (blind following).
➎ Besides Friday and Eid sermons, it is better to deliver general sermons while standing, as is apparent from the generality of the ahadith, and delivering a general sermon while sitting is also permissible. See: [سنن ابي داود : 4753 وهو حديث صحيح]