Fiqh Rules on Doubtful Matters: The Sixth Hadith of Al-Nawawi
An explanation of the sixth Hadith of Imam al-Nawawi, narrated by al-Nu'man bin Bashir (RA) from the Prophet ﷺ, regarding lawful, unlawful, and doubtful matters. The lecture details the Quranic basis for precise and unspecific verses, exploring how scholars resolve ambiguity. It highlights the fiqh rules of precaution when dealing with mixed or doubtful matters according to Ibn al-Qayyim and Ibn Taymiyyah.
He (RH) said: The sixth Hadith.
On the authority of Abu 'Abdillah, al-Nu'man bin Bashir (RA),
who said: I heard the Messenger of Allah ﷺ say:
"That which is lawful is clear and that which is unlawful is clear,
and between the two of them are doubtful matters about which many people do not know.
Thus he who avoids doubtful matters clears himself in regard to his religion and honor,
but he who falls into doubtful matters falls into that which is unlawful,
like the shepherd who pastures around a sanctuary, all but grazing therein.
Truly, every king has a sanctuary,
and truly Allah's sanctuary is His prohibitions.
Truly, in the body there is a morsel of flesh which, if whole, the whole body is whole,
and if it be diseased, the whole body is diseased. Truly, it is the heart."
Related by al-Bukhari and Muslim.
This is the Hadith of al-Nu'man bin Bashir (RA)
regarding the saying of the Prophet ﷺ:
"That which is lawful is clear and that which is unlawful is clear..." to the end of this Hadith.
This Hadith contains a number of important, comprehensive issues.
The first of these issues is in the saying of the Prophet ﷺ:
"...which many people do not know."
His saying, "which many people do not know," indicates to us...
...that among the doubtful matters are those many people do not know.
Its implication is that some people do know them.
And Allah ﷻ has said:
“It is He who has sent down to you, [O Muḥammad], the Book; in it are verses [that are] precise - they are the foundation of the Book - and others unspecific. As for those in whose hearts is deviation [from truth], they will follow that of it which is unspecific, seeking discord and seeking an interpretation [suitable to them]. And no one knows its [true] interpretation except Allāh. But those firm in knowledge say, "We believe in it. All [of it] is from our Lord." And no one will be reminded except those of understanding.” (Quran 3:7)
“...in it are verses
precise - they are the foundation of the Book - and others unspecific.”
“It is He who has sent down to you, [O Muḥammad], the Book; in it are verses [that are] precise - they are the foundation of the Book - and others unspecific. As for those in whose hearts is deviation [from truth], they will follow that of it which is unspecific, seeking discord and seeking an interpretation [suitable to them]. And no one knows its [true] interpretation except Allāh. But those firm in knowledge say, "We believe in it. All [of it] is from our Lord." And no one will be reminded except those of understanding.” (Quran 3:7)
Scholars have established there are two recitations in it:
stopping at the name of Allah, and continuing,
and both are established recitations.
Accordingly, there are things in the Book of Allah that none knows except Allah,
and things in the Book of Allah known only to Allah and those firmly grounded in knowledge,
and this is what is meant by this hadith, i.e., the second category.
This is the first matter.
The second matter: this hadith indicates
that everything in the Sharia is clear.
"Indeed, the lawful is clear and the unlawful is clear."
The third matter, an important universal rule in Sharia,
which Al-Qadi Husayn al-Marwazi al-Shafi'i made one of the five major rules in Sharia,
is that which relates to ambiguity.
For the Prophet ﷺ said: "And between them are matters of doubt,"
"so whoever guards against doubts clears his religion and his honor."
This rule is called the rule of ambiguity.
Ibn al-Qayyim (RH) stated in his book Al-Bada'i'
that ambiguity is of two types, not just one:
ambiguity in the sense of doubt regarding existence or non-existence,
and ambiguity in the sense of mixing,
and that the ruling between the two rules is different, not the same.
He said, "Many scholars may confuse the two issues."
As for ambiguity between existence and non-existence,
it is that which is built upon certainty.
It was said—the second narration of Ahmad's madhhab and the choice of Sheikh Taqiyy al-Din (RH)—that if a predominant assumption exists, one acts upon it;
otherwise, the well-known view among jurists is built upon certainty: he does not leave until he hears a sound or smells an odor.
As for the rule of ambiguity in the sense of mixing,
here, one is certain of the existence of both matters, but is unable to distinguish one from the other.
unable to distinguish one from the other,
for he does not know the forbidden woman among them if there are several women, one of whom is his foster sister,
nor does he know the specific prohibited item, if it is carrion, or if it is prohibited due to an attribute when mixed with other meat,
nor does he know the impure water from the pure, or the pure garment from the impure.
Regarding this mixture, the rule is that one must resort to precaution.
Sheikh Taqi al-Din (RH) chose that one should resort to the preponderance of probability.
Therefore, Ibn al-Lahham (RH) said that the rule of Sheikh Taqi al-Din is more precise, accurate, and consistent.
He mentioned that in his book *Al-Qawa'id*.
This is a very lengthy issue and one of the most precise matters of fiqh, briefly pointed to here.
Yes.