Page 814 - Riyad-us-Saliheen

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`Amr bin `Al-`As (May Allah be pleased with him) said: I heard the Messenger of Allah (PBUH) saying,
When a judge utilizes his skill of judgement and comes to a right decision, he will have a double reward, but when
he uses his judgement and commits a mistake, he will have a single reward
[Al-Bukhari and Muslim]
In such matters about which there is no clear command or instruction in the Qur'an and Sunnah, the
problem is decided keeping in view similar and resembling cases. This mode of deciding about its being permitted
or prohibited is called Ijtihad.
Evidently, this process can be employed by only such a person who has full command about the various branches of
knowledge pertaining to Qur'an and Sunnah. Not every person can do it nor is supposed to do it. There is also a
famous proverb that says: `Little knowledge is a dangerous thing.'
From here we conclude that the ruler, judge or a bureaucrat in a Muslim country should be a learned scholar, i.e., an
`Alim well versed in Qur'an and Sunnah; so that he can interpret the laws of Islam with utmost care and in a
befitting and sincere manner. He should do the job sincerely and with a pious intention. With such mode of work, he
will be bestowed with reward in every case. However, if his interpretation is correct, he will receive a double
َلﺎَﻗ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻲﺒﻨﻟا ﱠنأ ﺎَﻬْﻨَﻋ ﻪًﱠﻠﻟا ﻲﺿر َﺔَﺸِﺋﺎﻋ ْﻦَﻋَو
ﺎَهوُدِﺮْﺑﺄﻓ ﻢﱠﻨَﻬَﺟ ِﺢْﻴﻓ ْﻦِﻣ ﻰﱠﻤُﺤْﻟا
ﻪﻴﻠﻋ ٌﻖﻔﺘﻣ
`Aishah (May Allah be pleased with her) said: The Prophet (PBUH) said, "
Fever comes from the vehement
raging of Hell, so cool it with water
[Al-Bukhari and Muslim].
The treatment mentioned in the narration is quite correct. In many cases doctors also suggest that the
patient should be cooled and the body temperature lowered by cold compress, i.e., placing cloth dipped in cold water
on the body.
َلﺎَﻗ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻲﺒﻨﻟا ِﻦَﻋ ﺎَﻬْﻨَﻋ ﻪﱠﻠﻟا ﻲﺿر ﺎَﻬْﻨَﻋَو
، ٌمْﻮَﺻ ِﻪْﻴَﻠَﻋَو َتﺎَﻣ ْﻦَﻣ
ُﻪْﻨَﻋ َمﺎَﺻ
ُﻪﱡﻴِﻟَو «
ِﻪْﻴَﻠَﻋ ٌﻖﻔﺘﻣ
ﱢﻲﻟَﻮْﻟﺎﺑ ُداَﺮُﻤﻟاو ، ِﺚﻳِﺪَﺤْﻟا اَﺬَﻬِﻟ ٌمْﻮَﺻ ِﻪْﻴَﻠَﻋَو َتﺎَﻣ ْﻦﱠﻤَﻋ ِمْﻮﱠﺼﻟا ُزاَﻮَﺟ ُرﺎَﺘْﺨُﻤﻟاَو
ِﺮْﻴَﻏ ْوأ َنﺎَآ ًﺎﺛِراَو ُﺐﻳِﺮَﻘْﻟا
ٍثِراَو .
`Aishah (May Allah be pleased with her) said: The Prophet (PBUH) said, "
If a person dies without observing
Saum (fasts), his Wali should make it up on his behalf.
[Al-Bukhari and Muslim].
Sheikh Al-Albani says that this fasting refers to fasting of vow and not the fasting of Ramadan.
Sheikh Al-Albani has particularized the narration by `Aishah (May Allah be pleased with her) with the help of the
narration of Ibn `Abbas (May Allah be pleased with them), in which the fasting of vow is specifically mentioned.
The reason is that in the bodily worship, acting on the behalf of others is not permitted. As one cannot act or perform
any bodily worship on behalf of others, similarly it is not allowed to do so after somebody's death. However, if in
any particular case, there is a ruling in the Qur'an or Sunnah then in that particular matter deputizing would be
allowed. In such case the permission should be limited to that particular matter only. For example it is specifically
mentioned in the Hadith that the Wali, i.e., the guardian or inheritor of the dead person can observe the fasting of
vow taken by the deceased person to Allah. However, no offering of other bodily worship, such as Salat, will be
permitted on behalf of the deceased person.
َﺸِﺋﺎَﻋ ﱠنأ ِﻞْﻴَﻔﱡﻄﻟا ِﻦﺑ ِﻚِﻟﺎَﻣ ِﻦﺑ ِفْﻮَﻋ ْﻦَﻋَو
ﻪﱠﻠﻟا ﻲﺿر ﺮْﻴَﺑﱠﺰﻟا َﻦﺑا ﻪﱠﻠﻟا َﺪْﺒَﻋ ﱠنأ ْﺖَﺛﱢﺪُﺣ ﺎَﻬْﻨَﻋ ﻪﱠﻠﻟا ﻲﺿر َﺔ
ﺎﻬْﻨَﻋ ﻰَﻟﺎﻌَﺗ ﻪﱠﻠﻟا ﻲﺿر ُﺔَﺸِﺋﺎَﻋ ُﻪْﺘَﻄْﻋأ ٍءﺎَﻄَﻋ ْوأ ٍﻊْﻴﺑ ﻲﻓ َلﺎَﻗ ﺎَﻤُﻬْﻨَﻋ
ﱠنَﺮُﺠْﺣﻷ ْوأ ، ُﺔَﺸِﺋﺎَﻋ ﱠﻦَﻴِﻬَﺘْﻨَﺘَﻟ ﻪﱠﻠﻟاَو
ْﺖﻟﺎَﻗ ، ﺎَﻬْﻴَﻠﻋ
؟ اَﺬَه َلﺎَﻗ َﻮُهأ
اﻮُﻟﺎَﻗ :
، ْﻢﻌَﻧ
، ًاﺪَﺑأ ِﺮْﻴﺑﱡﺰﻟا َﻦْﺑا ﻢﱢﻠَآُأ ﻻ ْنأ ٌرْﺬَﻧ َﻲَﻠﻋ ِﻪﱠﻠﻟ ، ﻮُه
ُةَﺮْﺠﻬْﻟا ِﺖَﻟﺎﻃ َﻦﻴِﺣ ﺎﻬﻴﻟإ ِﺮْﻴﺑﱡﺰﻟا ُﻦْﺑا
يرْﺬَﻧ ﻰَﻟإ ُﺚﱠﻨَﺤَﺗأ ﻻو ، ًاﺪَﺑأ ِﻪﻴِﻓ ُﻊﱠﻔَﺷُأ ﻻ ِﻪﱠﻠﻟاَو َﻻ
َذ لﺎَﻃ ﺎﱠﻤَﻠﻓ
ﺎﻤُﻬﻟ لﺎَﻗو َثﻮُﻐﻳ ِﺪْﺒﻋ ِﻦﺑ ِدَﻮْﺳﻷا َﻦْﺑ ِﻦﻤْﺣﱠﺮﻟا َﺪْﺒﻋو ، َﺔَﻣَﺮْﺨﻣ َﻦﺑ َرﻮْﺴِﻤﻟا ﻢﱠﻠَآ ِﺮْﻴﺑﱡﺰﻟا ِﻦْﺑا ﻰَﻠﻋ
ﻪﱠﻠﻟا ﺎﻤُآُﺪُﺸْﻧأ
ﻲﺘَﻌﻴِﻄَﻗ رِﺬْﻨَﺗ ْنأ ﺎَﻬَﻟ ﱡﻞِﺤَﻳ َﻻ ﺎَﻬﱠﻧﺈَﻓ ، ﺎَﻬْﻨَﻋ ﻪﱠﻠﻟا ﻲﺿر َﺔَﺸِﺋﺎﻋ ﻰَﻠﻋ ﻲﻧﺎَﻤُﺘْﻠَﺧْدأ ﺎَﻤﻟ
ْﻗَﺄَﻓ ،
ُﺪْﺒَﻋو ، ُرﻮْﺴِﻤﻟا ِﻪﺑ ﻞَﺒ
َﻻﺎَﻘَﻓ ، َﺔَﺸِﺋﺎﻋ ﻰَﻠﻋ ﺎَﻧَذﺄَﺘْﺳا ﻰﱠﺘَﺣ ﻦﻤْﺣًﱠﺮﻟا
؟ ُﻞُﺧْﺪَﻧَأ ، ُﻪُﺗﺎَآَﺮﺑو ﻪﱠﻠﻟا ُﺔﻤﺣَرو ِﻚْﻴَﻠﻋ ُمَﻼﱠﺴﻟا
ُﺔَﺸِﺋﺎَﻋ ْﺖَﻟﺎَﻗ
؟ ﺎَﻨﱡﻠُآ
ْﺖَﻟﺎَﻗ :
، ْﻢُﻜﱡﻠُآ اﻮُﻠُﺧْدا ْﻢﻌَﻧ
ﱠنأ ُﻢَﻠْﻌَﺗ َﻻو
ِﺮْﻴﺑﱡﺰﻟا ُﻦْﺑا َﻞَﺧد ، اﻮُﻠَﺧد ﺎﱠﻤﻠَﻓ ، ِﺮْﻴَﺑﱡﺰﻟا َﻦْﺑا ﺎﻤُﻬَﻌﻣ
ِﻦﻤْﺣﱠﺮﻟا ُﺪْﺒﻋو ، ُرﻮْﺴِﻤﻟا َﻖِﻔَﻃَو ، ﻲِﻜْﺒﻳو ﺎَهُﺪِﺷﺎَﻨُﻳ َﻖِﻔَﻃو ، ﺎَﻬْﻨﻋ ﻪﱠﻠﻟا ﻲﺿر َﺔَﺸِﺋﺎﻋ َﻖَﻨَﺘْﻋﺎَﻓ ، َبﺎَﺠِﺤْﻟا
ِنﻻﻮُﻘﻳو ، ُﻪْﻨِﻣ ْﺖَﻠَﺒﻗو ُﻪْﺘَﻤﱠﻠَآ ﱠﻻإ ﺎَﻬِﻧاَﺪِﺷﺎَﻨُﻳ
ِةﺮْﺠِﻬْﻟا َﻦِﻣ ِﺖْﻤِﻠﻋ ْﺪَﻗ ﺎﱠﻤَﻋ ﻰَﻬَﻧ ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻲﺒﻨﻟا ﱠنإ