Nasai

This narration and its related issues have already been discussed previously (Hadith: 4458). The purpose of the Imam rahimahullah in mentioning this hadith here is that wine (khamr) is absolutely forbidden, and there is consensus on this. According to the majority of scholars, all intoxicating drinks are also forbidden like wine. Some people consider it permissible in small quantities. Similarly, authentic and well-known ahadith declare it forbidden, although some weak and obscure narrations are used to derive its permissibility. Therefore, even if it is not forbidden, it is certainly doubtful. And the Messenger of Allah sallallahu alayhi wa sallam has declared the abandonment of doubtful matters necessary so that one may be protected from the forbidden. The use of general intoxicating drinks leads to wine and invites both small and large quantities; thus, from this perspective as well, its abandonment is necessary, and a fatwa of its permissibility cannot be given, because a doubtful thing is not halal, rather it lies between halal and haram. The people of fatwa and piety are agreed upon this.

Explanation:
The purpose of the author in establishing this chapter is to show that scrupulousness (wara‘) and piety are also among the actions that perfect one’s faith.

Allamah Qastallani rahimahullah states that, based on this hadith, our school holds that the heart is indeed the seat of intellect, and he says:

«قد اجمع العلماءعلي عظم موقع هذاالحديث وانه احدالاحاديت الاربعة التى عليهامدارالاسلام المنظومة فى قوله:»
«عمدة الدين عندنا كلمات . . . مسندات من قول خير البرية»
«اتق الشبه و ازهدن و دع ما . . . ليس يعينك واعملن بنية»

That is, the scholars are unanimous regarding the greatness of this hadith, and it is one of those four hadiths upon which Islam revolves, as mentioned in this quatrain: These few statements of the Prophet sallallahu alayhi wa sallam regarding religion are, in our view, the foundation of the religion: Avoid doubtful matters, adopt indifference towards the world, refrain from useless things, and act according to your intention.

Hadith Commentary:
➊
In the previous chapters, persistence in sins and the fear of nullification of deeds have been warned against. Now, Imam Bukhari rahimahullah guides towards a method by which a person can remain safe from the nullification of deeds, and that is to adopt taqwa (God-consciousness) for the protection of one’s religion and to avoid doubtful matters. From this, it is understood that taqwa and wara‘ (scrupulousness) are also parts of faith (iman). There are many things regarding which it is difficult to determine whether they are lawful or unlawful. These fall under the category of doubtful matters (mushtabihat). Avoiding them is a means of safeguarding one’s religion and honor. The people of taqwa consider doubtful matters as a stepping stone to the unlawful (muharramat). Imam Bukhari rahimahullah has also established from this hadith that what is meant by doubtful matters are those complex issues upon which a definitive ruling cannot be given. Although the people of knowledge are somewhat aware of them, they are not free from doubts and suspicions.

➋
The scholars are unanimous that the foundation of Islam rests upon three hadiths: one is the aforementioned hadith, the second is related to intention, and the third is the one in which it is stated that the excellence of a person’s Islam is that he leaves what does not concern him and refrains from futile matters. Imam Abu Dawud rahimahullah has also mentioned a fourth hadith: that a person is not a believer until he loves for his brother what he loves for himself. Because in the aforementioned hadith, the lawfulness of food and drink, clothing, and marriage is clarified, then it is stated to keep away from doubtful matters because by doing so, one’s religion and honor are protected, and then this is explained with an example. (Sharh al-Kirmani: 1/203) Among the Arabs, it was customary that they would designate large, fertile regions exclusively for their animals. These regions were called hima. The official hima are forbidden (muharramat), and their surroundings (environs) are the doubtful matters, which are very deceptive. In the hadith, this is presented as an example. The meaning is that when a person lets his soul roam freely in doubtful matters, he will certainly fall into the unlawful. It is necessary to avoid them because Allah ta‘ala has provided so much scope in everything that there is no need to approach the unlawful. Now, despite the lawfulness of so many things, if someone still goes towards the unlawful, it is the height of the soul’s wickedness.

➌
From this hadith, it is understood that the inner rectitude or corruption of a person depends on the heart. The one whose heart is corrupt, the actions performed by his other limbs will also reflect that corruption. Along with this, faith is connected to it, and this is also the place of intention. For decisions regarding lawful, unlawful, and doubtful matters, it is the heart that provides guidance; therefore, one should strive to keep it correct. If the heart is sound, then in complex matters, it is recommended to seek a fatwa. Medically as well, the health or sickness of the limbs depends on the heart. If it becomes corrupt, the entire bodily system falls into disorder.

➍
The state of the heart’s rectitude is that the following qualities are found in it: love of Allah, contentment with divine decree (rida bil-qada’), trust in Allah (tawakkul ‘ala Allah), patience and gratitude (sabr wa shukr), hope and fear (raja’ wa khawf), concern for the Hereafter, repentance and turning to Allah (tawbah wa inabah), and contentment and humility (qana‘ah wa tawadu‘). The state of the heart’s corruption is that the following traits are present: arrogance and pride (takabbur wa ghurur), self-admiration, envy and malice (hasad wa hiqd), love of wealth and status (hubb al-mal wa al-jah), miserliness and greed (bukhl wa hirs), long hopes (tul al-amal), and futile talk.

➎
The purpose of Imam Bukhari rahimahullah is that wara‘ (scrupulousness) and piety are also among the actions that perfect faith, and there are levels within them; thus, there are also levels in faith and religion. Fulfilling these leads to the fruitfulness of faith, and abandoning them is tantamount to weakening faith.

Hadith Commentary:

In the era of ignorance (Jahiliyyah), the Arab elders and chiefs used to reserve their own pastures, and no outsider was allowed to bring their animals into them. Therefore, poor people would not even go near these pastures, lest their animals enter them and they be deemed deserving of the severest punishments.

The boundaries set by Allah (hudud Allah) have also been likened to such pastures, and in numerous verses of the Noble Qur’an, it has been emphasized: do not even approach the boundaries set by Allah, lest you become guilty before Allah by violating them.

In this hadith, sins (ma‘asi) have been described as Allah’s pasture. This serves as an extreme warning to stay away from sins. One way to avoid them is to also abstain from doubtful matters (mushtabihat) that lie between the lawful (halal) and the unlawful (haram), lest by engaging in them, one ends up committing an unlawful act. Therefore, whoever avoids the doubtful matters remains safe.

The likening of Allah’s sanctities (hurumat Allah) to pastures is for the purpose of rebuke and admonition: just as those who enter the reserved pastures of the chiefs and landlords, and let their animals graze there, can be subjected to the most severe punishments, similarly, those who violate the boundaries set by Allah and fall into Allah’s pasture—that is, unlawful matters—will be deserving of the severest punishment in the Hereafter.

And abstaining from doubtful acts is also necessary for this very reason: lest a person, by committing unlawful acts, becomes deserving of a painful punishment.

Hadith Commentary:
(1)
By "doubtful matters" are meant those things whose boundaries overlap with both the lawful (halal) and the unlawful (haram). On this basis, some people are unable to determine whether they are lawful or unlawful. In themselves, these things are not inherently doubtful, because Allah, having sent His Messenger, has made us aware of the necessities of the religion. Piety is precisely that a person keeps away even from things that are subject to doubts and suspicions. Most hadith scholars mention this hadith in the Book of Transactions (Kitab al-Buyu‘), because doubts often arise in dealings. Furthermore, it is also related to marriage, hunting, slaughter, eating, and drinking.

(2)
In this hadith, three categories of rulings are mentioned:
➊ That for which there is a clear text (nass) regarding its performance and a warning for its abandonment. This pertains to what is clearly lawful (halal bayyin).
➋ That for which there is a clear text regarding its abandonment and a warning for its performance. This pertains to what is clearly unlawful (haram bayyin).
➌ That for which there is no clear text or warning regarding its performance or abandonment. This category is referred to as "doubtful" (mushtabih). Its being lawful or unlawful is not known. A Muslim should also avoid such things, because if it is related to the unlawful, he will be protected from committing it, and if it is related to the lawful, then by leaving it out of good intention, he will receive reward and merit.
(Fath al-Bari: 4/369)

Hadith Commentary:
Vocabulary of the Hadith:
(1)
أَهوَي بِاِصبَعَيهِ إِلي أُذنيه:
He raised his two fingers towards his two ears as a gesture, indicating that he listened with full attention and care; therefore, he narrates with complete certainty and confidence.

(2)
إِسْتَبْرَا لِدِيْنِهِ وِ عرضِهِ:
He has safeguarded his religion from legal condemnation and his honor from people’s criticism and reproach. No one will be able to point a finger at his religion or honor, nor will any blame be attached to them.

(3)
حمي:
A pasture in which no person is allowed to graze their livestock, i.e., a prohibited area. If anyone enters it, he becomes liable to punishment by the authorities. Therefore, cautious people do not even go near such an area. Similarly, the things prohibited by Allah are like a forbidden area; whoever commits them will be deserving of punishment. Whoever does not avoid doubtful matters and does not protect himself from falling into them is like one who grazes his animals near the pasture and will also fall into the prohibited. Just as cautious people do not graze their animals near the pasture lest they run into it, cautious and pious people keep away from things that lead to sin. The foundation of a person’s piety and caution depends on the rectification and soundness of his heart, because it rules over the entire body, and all other limbs and organs are subject to its command. The place and center of resolve, courage, and determination is also the heart. If it is deprived of resolve, courage, and determination, nothing can be accomplished. If the feelings and emotions of the heart are correct, the limbs will act properly. But if there is corruption and disorder in its feelings and emotions, the limbs will automatically follow the wrong path.

Benefits and Issues:
From both theoretical and practical, as well as ethical perspectives, this hadith holds great importance and significance in religion, upon which the stability of a person’s character and conduct depends. Therefore, some scholars have considered it to be one-third of the religion, and the remaining two parts are:
(إِنَّمَا الأَعْمَالُ بِالنِّيَّاتِ)
“Actions are based on intentions.”
and
(مِنْ حُسنِ الإِسلَامِ المَرءِ تَركُه مَا لَا يَعْنِيهِ)
“The excellence and beauty of a person’s Islam is to leave what does not concern him.”
The reason for this importance and greatness is that in it, a Muslim is instructed to accept and choose only those matters that are lawful and permissible, and the easy way to do this is to avoid all matters about which there is doubt regarding their permissibility or prohibition, or whose permissibility or prohibition is not clear. Therefore, the rectification and soundness of the heart is necessary. If it contains the fear of Allah and concern for the Hereafter, every action becomes easy. If the heart is devoid of the fear of Allah and accountability in the Hereafter, then the actions and states of the body will also not be correct.

(2)
الحَلَالُ بَيِّنٌ، وَالحَرَامُ بَيِّنٌ،
That is, the ruling of what is lawful is clear, and the ruling of what is unlawful is also clear. Do what is lawful and leave what is unlawful. Those things whose permissibility or prohibition is explicitly stated, their matter is completely clear; there is no doubt or hesitation in acting upon them. As in the narration of Sunan Abi Dawud:
ما أحل فهو حلال
Whatever the Shari‘ah has declared lawful is lawful,
and
ما حرم فهو حرام
Whatever Allah and His Messenger have declared unlawful is unlawful.
But between what is clearly lawful and what is clearly unlawful, there are two things:

(1)
Those whose permissibility or prohibition is doubtful, because there is a conflict in the evidences, or there is a difference among the scholars in understanding the evidences or in giving preference and reconciliation between them. Therefore, a satisfactory decision regarding their permissibility or prohibition cannot be made, and the common people fall into doubt and suspicion. Or, a thing is acceptable from one perspective and rejectable from another, or a thing is correct according to our view, but later something comes to light that proves its prohibition. For example, the incident of the wife of ‘Uqbah ibn Harith radi Allahu anhu, where after marriage a woman informed him, “I have breastfed both of you.” Or the dispute between ‘Abd ibn Zam‘ah and Sa‘d radi Allahu anhu regarding a child, where the Prophet sallallahu alayhi wa sallam established the lineage with Zam‘ah, but also ordered Sawdah bint Zam‘ah radi Allahu anha to observe veiling from him. Similarly, sometimes an act is completely permissible, but it becomes a cause of suspicion for others, and due to the possibility of accusation, it is necessary to avoid it. As the Prophet sallallahu alayhi wa sallam said to those passing by, “This is Safiyyah,” i.e., “This is my wife Safiyyah.” Thus, in such matters, until a satisfactory clarification is found, one should avoid them, and if a satisfactory clarification is found, then one should act upon it. Therefore, the Prophet sallallahu alayhi wa sallam said, “Many people do not know about doubtful matters.” He did not say, “No one knows.”

(2)
Those things about which the Shari‘ah is silent, which in the narration of Sunan Abi Dawud is stated as:
ما سكت عنه فهو معفو
Those about which the Shari‘ah is silent are pardoned,
and there is no accountability for them, so there is no harm in them.

In summary, wherever there is a suspicion of prohibition based on some evidence or indication, one should avoid it. But one should not follow mere baseless doubts, which is expressed as:
اليقين لا يزول بالشك
Certainty is not removed by doubt.
For example, a person stands for prayer after performing ablution (wudu), then he neither hears the sound of passing wind nor perceives any odor, but a mere doubt arises; in this case, the prayer will not be broken, because there is no evidence or indication of having lost ablution. Or, if meat comes from a Muslim’s house, and a person falls into doubt that perhaps they did not recite Bismillah, then unless there is evidence or indication, this is not a valid doubt and should be ignored. However, if there is evidence or indication, then it will not be considered a mere doubt and should not be ignored.

Explanation:
1:
By "doubtful matters" (matters of doubt) are meant those affairs and transactions regarding whose permissibility or prohibition most people are unaware.
Piety (taqwa) is that a person avoids engaging in them.
And whoever becomes involved in them without caring about their permissibility or prohibition, then understand that he has fallen into the unlawful (haram).
In this, there is a great warning for those engaged in trade and business that they should only adopt such methods which are clearly lawful (halal), and should avoid doubtful affairs and transactions.

(1) One should avoid doubtful matters in earning a livelihood, meaning that a person’s earnings should be completely pure, lawful (halal), and wholesome (tayyib), not doubtful or suspicious.

(2) Both the lawful (halal) and the unlawful (haram) are clear, but this is for the person who has knowledge of the Shari’ah texts. Not everyone possesses this virtue. This rank and insight are attained by those firmly grounded in knowledge among the scholars. ذَلِكَ فَضْلُ اللَّهِ يُؤْتِيهِ مَنْ يَشَاءُ (That is the bounty of Allah; He gives it to whom He wills).

(3) This hadith is of very great value and status. Most of the noble hadith scholars have mentioned it in “Kitab al-Buyu’” (the Book of Transactions), because most doubts and suspicions arise in matters of transactions (buyu’). Furthermore, this hadith is also related to marriage and divorce, foods and drinks, hunting, and so on. Whoever reflects will come to know all of this well.

(4) There is a level between the lawful and the unlawful whose recognition and identification are necessary, as well as abstaining from it. This is the level of those doubtful and suspicious matters whose lawfulness or unlawfulness is unclear. Therefore, for an intelligent person, recognizing this level is very important.

(5) In order to clarify an issue or a legal ruling, an example may be given so that the matter is well understood, just as the Messenger of Allah (sallallahu alayhi wa sallam) gave an example.

(6) Whoever falls into doubts, his religion and his honor become tainted.

(7) There are three types of rulings: One type is those rulings for which the Qur’an and Hadith demand their fulfillment, and there is a warning for not doing them. The second type is those rulings for which there is a text prohibiting them, and a warning for doing them. The third type is those rulings for which there is no text regarding doing or not doing them. The first type of rulings are clearly lawful, the second type are clearly unlawful, while the third type are neither clearly lawful nor clearly unlawful, rather they are doubtful. One should avoid such rulings so that a person does not fall into the unlawful.

(8) “Prohibited area” was a common practice in Arabia, where kings and chiefs would designate certain areas exclusively for their animals to graze. Ordinary people could not graze their animals there. In fact, people would not even go near that area out of fear that their animals might accidentally enter it and they would become targets of the king’s agents’ oppression and cruelty. The Messenger of Allah (sallallahu alayhi wa sallam) gave this very example for the unlawful, the lawful, and the doubtful matters. The designated area is “unlawful,” the nearby area is “doubtful,” and the distant area is “lawful.” The only safe person is the one who remains in the lawful area. For the one who goes into the doubtful area, there is a danger that at any time he may enter the unlawful area. Generally, the one who engages in doubtful matters cannot avoid the unlawful.

Benefits and Issues:

➊
Whether it is matters of food and drink or daily activities, some things are clearly lawful (halal) in which there is no doubt, for example: bread, honey, the meat of a lawful animal slaughtered with the name of Allah, traveling or conversing with someone for a legitimate need, etc.
Some things and actions are clearly unlawful (haram), for example: pork, alcohol, carrion, lying, stealing, and committing adultery, etc.
There are some things and actions whose lawfulness or unlawfulness is not clear.
Ordinary people are not aware of these issues.
Scholars determine their ruling from the indications and implications of the words of the Qur’an and Hadith, or through analogy (qiyas), etc.

➋
Regarding something about which one does not know the ruling, it is better to abstain from it even before asking about the issue, because it is possible that one aspect of the matter is permissible and another is impermissible. After learning the ruling, one should act according to the correct and preferred position.

➌
By acting upon a doubtful matter, there is not only the risk of sin, but the public also becomes suspicious.
A person should not, without reason, do such a thing by which he becomes infamous.

➍
It is also necessary to abstain from any action that carries the risk of leading to a prohibited act, such as being alone with a non-mahram woman, even if observing the rules of modesty (purdah), because there is a danger that Satan may create the desire for sin, and both individuals may become involved in a major sin.

➎
By giving examples to explain, the issue is understood well, and the listener can act upon it with satisfaction and readiness of heart.

➏
The rectification of the heart is very necessary so that qualities such as sincerity, certainty, and love of Allah, etc., are attained.
Because of these, acting upon good deeds and avoiding sin becomes easy.

Explanation of Indifference to the World and Piety
«الزهد» “To have little desire for something.” What is meant is indifference to the world and directing all attention towards the Hereafter.

Nawawi, in his commentary on al-Arba'in, said: Zuhd (asceticism) is to leave unnecessary things of the world, even if they are lawful (halal), and to suffice with those things without which there is no alternative. [مسك الختام]

In Tirmidhi and Ibn Majah, it is narrated from Abu Dharr radi Allahu anhu that the Prophet sallallahu alayhi wa sallam said: Zuhd in the world does not mean making the lawful (halal) unlawful (haram) or wasting wealth, but zuhd in the world is that you have more trust in what is with Allah than in what is in your own hands, and that if a calamity befalls you, your desire for its reward is greater than your desire that the calamity had not befallen you. The author of Sabil said: This Prophetic explanation takes precedence over other explanations.

However, this hadith is very weak. Tirmidhi said: In its chain is ‘Umrah ibn Waqid, who is munkar al-hadith (narrates rejected hadith). Albani also declared it extremely weak. See: [ضعيف الترمذي حديث 405]

«الورع» “To avoid.” What is meant is to avoid the unlawful (haram), and even to leave doubtful matters in order to avoid the unlawful.

Takhrij (Source References):
[بخاري 52],
[مسلم المساقاة/107]

Benefits:
➊ The lawful is clear. No one doubts its lawfulness, such as fruit, bread, honey, milk, and common food and drink items. Likewise, buying and selling and other transactions which everyone knows are lawful. The unlawful is clear, such as the flesh of swine, wine, adultery, backbiting, slander, and lying, etc. The ruling of both is clear: that which is clearly prohibited in the Qur’an and hadith is unlawful (haram), that which is established as lawful (halal) by the Qur’an and hadith is lawful, and that regarding which Allah has remained silent is also lawful. Similarly, that which Allah has mentioned as a favor is also lawful.

➋ Between these two are some doubtful matters. They resemble both the lawful and the unlawful. Many people do not know their ruling; only a well-grounded scholar knows. If a person wishes to avoid the unlawful, he should also avoid these doubtful matters, because if he starts using these things, his aversion to the unlawful will not remain intact, and gradually he will begin to use clearly unlawful things as well.

➌ Whoever falls into doubtful matters has fallen into the unlawful. This means that it is likely he will fall into the unlawful, because if this were not the case, then doubtful matters would become a clear category of the unlawful, which is not correct.

➍ Whoever avoids doubtful matters has protected his religion and his honor. Because if he avoids doubtful matters, then all the more so will he avoid the clearly unlawful, thus his religion is protected. As for his honor, if he uses doubtful things, people will become suspicious of him, which will tarnish his honor.

➎ Its example is that the Messenger of Allah sallallahu alayhi wa sallam saw a date lying on the road and said: If it were not for the fear that it might be from charity (sadaqah), I would have eaten it. [متفق عليه]

➏ Avoiding all disliked (makruh) things is also included in this, because if aversion to the disliked is lost, a person will reach the unlawful. If aversion to disliked things remains, then one will not have the audacity to commit the unlawful.

➐ The real center of the soundness or corruption of the body is the heart. Because all the limbs obey the heart: if the heart commands, the hand is raised, the eye opens, the foot moves; and if it commands, the eye closes, the hand is lowered, and the foot stops. When the heart desires something, the intellect piles up arguments for its permissibility; if it dislikes something, it brings forth arguments for the other side.

Takhrij:
«أخرجه البخاري، الإيمان، باب فضل من استبرأ لدينه، حديث:52، ومسلم، المساقاة، باب أخذ الحلال وترك الشبهات، حديث:1599.»©Explanation:
➊ This hadith is counted among the fundamental principles of Islam.
It explains that lawful (halal) and unlawful (haram) things are clear, and there is no ambiguity in them; however, there are doubtful matters (mushtabihat) whose unlawfulness is not clear, or regarding which the evidences on both sides are nearly equal.
One should avoid such matters and not act on conjecture or guesswork.
➋ It is also mentioned in this hadith that the rectification and corruption of the body depend on the heart.
Within the entire body, its status is like that of a king.
All the limbs of the body are its subjects and commoners.
If the king is righteous, the subjects will also be righteous, and if he is corrupt, the subjects will also be corrupt.
➌ The imams are unanimous (ijma‘) that this is among those hadiths upon which the principles of Islam are based.

Benefit:
In this hadith, it is mentioned that the lawful (halal) and unlawful (haram) things are absolutely clear; there is no kind of doubt or ambiguity in them. We should adhere firmly to lawful things and keep away from the unlawful, and we should completely abandon doubtful matters. In this lies safety.

Benefit:
From this hadith, it is understood that Muslims should live as brothers with one another; if one sees someone in distress, he should resolve it. Islam teaches unity and harmony. In this lies the honor, greatness, and success of the Muslim Ummah.

Benefit:
In this hadith, the importance of the rectification of the heart has been made clear. One should continue to study works on asceticism (zuhd) and matters of the heart (raqa’iq). In Imam Ghazali’s Ihya Ulum al-Din and Shaykh Aminullah Peshawari’s Al-Fawa’id, there is an extensive discussion on the rectification of the heart; these should be studied regularly. If Allah grants the ability, the writer also wishes to author a book on the heart. Nowadays, people focus on correcting their outward appearance, but no one beautifies the heart. Regrettably, people appear as humans on the outside, but inwardly, there is no humanity.