Posts Tagged "nawawi"
Is it permissible to use Gold or Silver Picture Frames?
Question:
Salamu aleykum
I want to know if we are allowed to have silver or gold frames (around pictures for example). Im particularly intrested to know how the word “inaa” is to be understood. Jazakumu Allahu kulla al-khayr!
Answer:
الحمد لله رب العالمين ، وصلى الله على سيدنا محمد وعلى آله وصحبه أجمعين، وبالله التوفيق
فاستعمال الإناء من ذهب أو فضة حرام وإنما نهي عنه للسرف والخيلاء (المجموع: 1: 135)
Imam An-Nawawi said,
“The utilization of utensils made of gold and silver is Haram. It is forbidden because it entails extravagance1 and boastful pride.” [Al-Majmu' 1:135]
It is not permissible to use silver or gold frames. The utilization of gold or silver vessels are haram, this is due to the hadith narrated by Sayyiduna Hudhayfah that Rasulullah said,
“Do not drink and eat from gold and silver dishes, and do not wear silk and brocade, because indeed they are for them in this world and for you in the Hereafter.” (al-Bukhārī: 5633)
The prohibition taken from this hadith is for the utilization or usage of the vessel (al-Nihāyah: 1: 103). “Utilization or utilize” is defined by whatever is known as utilize in the ʿurf (custom) of the people. Therefore, the prohibition includes all practical purposes such as eating, drinking, purification, cooking, defecating, decorating etc.
Al-Imām Ibn Hajar in explaining how the word “istiʿmāl” should be understood mentioned,
وظاهر أن المدار على الاستعمال العرفي أخذا من قولهم يحرم الاحتواء على مجمرة النقد وشم رائحتها من قرب بحيث يعد متطيبا بها لا من بعد (التحفة: 1: 96)
“The clear opinion holds that the yardstick (in determining what constitutes usage) is customary usage [what this essentially means is that whatever custom considers to be usage will be usage; whatever it does not consider to be so will not be so]. This deduction is derived from their (the jurists/ashab) statement: it is haram to enclose oneself over a gold brazier (so as to capture the scented vapor) or for one to smell its scent from such a close distance that he is considered to be applying perfume. This is contrary to the case where he smells the scent from a far distance (as he is not considered to be applying perfume in this instance).” [Thus the jurist in the mentioned example draws a distinction between the two scenarios, near and far, based on custom]. (al-Tuḥfah: 1: 96)2
An even clearer text is presented by Imam An-Nawawi in his Majmu’ for the prohibition of utilizing gold or silver utensils,
ويحرم تزيين الحوانيت والبيوت والـمجالس بأواني الذهب والفضة على المذهب الصحيح المشهور
“And it is forbidden (haram) to decorate the markets, houses, and the places of gatherings3 with Awani4 of gold and silver upon the correct and well known view of the Madhdhab [of Imam Ash-Shafi'i].”
Lastly, the original query of the questioner: what constitutes an ‘inā/āniyah/awānī needs to be addressed. Consider the following from al-Qāmūs al-Muhīt:
كل ظرف يمكن أن يستوعب غيره
“Any vessel or receptacle that encompasses anything besides it.”
A picture frame is an object that encompasses, or contains within it, the picture so it is classified as an ‘inā. It is deemed forbidden if made of gold or silver.
والله تعالى أعلم
Allah Most High knows best.
Answered by:
Abdullah Muhammad al-Marbuqi al-Shafi‘i
with additions and translation assistance by Shaykh AbdurRahman Khan
- sarafa also means wastefullness, in this case it could mean extravagant waste [↩]
- Notes and explanation by Shaykh A. Khan [↩]
- majalis could mean the places of religious teachings as well [↩]
- the pl. of Ina‘ generally translated as ‘vessel’ definition will be given further down in the fatwa [↩]
Commentary: If the Hadith is Authentic, that is my Madhhab
It is authentically recorded from Imam Ash-Shafi’i (radiya Allahu ‘anhu) that he said,
إذا صح الحديث فهو مذهبي
“If the hadith is authentic, that is my Madhhab.”
It is also recorded that he said
إذا صح الحديث خلاف قولي، فاعملوا بالحديث واتركوا قولي
“If an authentic hadith contradicts my opinion [in fiqh], act upon the hadith and abandon my opinion.”1
Imam An-Nawawi commented upon the first statement,
“What Imam Ash-Shafi’i said does not mean that everyone who sees a Sahih hadith should say “This is the madhhab of Al-Shafi’i,” applying the purely external or apparent meaning of his statement. What he said most certainly applies only to such a person as has the rank of ijtihad in the madhhab. It is a condition for such a person that he be firmly convinced that either Imam Al-Shafi’i was unaware of this hadith or he was unaware of its authenticity. And this is possible only after having researched all the books of al-Shafi’i and other similar books of the companions of al-Shafi’i, those who took knowledge from him and others similar to them.
This is indeed a difficult condition to fulfill. Few are those who measure up to this standard in our times2 What we have explained has been made conditional because Imam Al-Shafi’i had abandoned acting purely on the external meaning of many proofs for criticism of the hadith or its abrogation or specific circumstances or interpretation and so forth. Shaykh Abu ‘Amr [Ibn Al-Salah] said: “It is no trivial matter to act according to the literal meaning of what Imam Al-Shafi’i said. For it is impermissible for every faqih – let alone an ordinary person (‘ammi) – to act independently with what he takes to be a proof from the hadith… Therefore, any Shafi’i that finds a hadith that contradicts his School must examine whether he is absolutely accomplished in all the disciplines of ijtihad, or in that particular topic, or specific question. [If he is,] then he has the right to apply it independently. If he is not, but finds t hat contravening the hadith bears too heavily upon him – after having researched it and found no justification for contravening it – then he may apply it if another independent Imam other than Al-Shafi’i applies it. This is a good reason for him to leave the madhhab of his Imam in such a case.”3
[Translation taken from "The Four Imams and their Schools" by Shaykh Gibril Fouad Haddad published by Muslim Academic Trust pp. 225-226, and reproduced here with the permission of Shaykh Gibril for Shafiifiqh.com]
The great Shafi’i Imam, Shaykh ul Islam Taqi Al-Din Al-Subki wrote a wonderful treatise explaining this statement of Imam Ash-Shafi’i titled, “Ma’na Qawl Al-Imam Al-Muttalibi Idha Sahha Al-Hadithu Fahuwa Madhhabi” (The meaning of the statement of the Imam, the Muttalibi, ‘If the hadith is authentic, that is my madhhab’) that is recommended for students to read.
You can download it from the following, however it is currently only in arabic: download here
- qawli is translated here as ‘my opinion’ as that is what is meant here, though it literally means ‘my statement’ [↩]
- I.e. al-Nawawi’s times, a fortiori ours. Among those who lived in Al-Nawawi’s centure were Al-Fakhr Al-Razi, Ibn al-Salah, Al-Mundhiri, Ibn ‘Abdus-Salam, Al-Qurtubi, Ibn Al-Qattan, Al-Diya’ Al-Maqdisi, Ibn Qudama, and Ibn Daqiq Al-’Id! [↩]
- Al-Nawawi, Al-Majmu‘ Sharh Al-Muhadhdhab (1:64), citing Ibn Al-Salah’s Fatawa wa Masai’l (1:54, 1:58-59). Cf. Al-Tahanawi, I’la‘ Al-Sunan (2:290-291). [↩]
Wiping the Face After Making Du’aa
Question: What is the ruling on wiping the face after making du’aa (supplication) in Qunut within the Salah? What about outside of Salah?
Answer:
The Shāfi’ī jurists disagree as to whether or not one should wipe the face with their hands after du’aa within the Qunut of Salah. Imam An-Nawawi (qaddasa Allahu Ruhuh) explicitly states that it is not recommended for one to wipe his face after qunut with his hands. In his Al-Minhaj he states,
Read More“And the qunut is a Sunnah when rising from the bowing position (ruku’) in the second raka’ah of the morning prayer (As-Subh). And what is said is [the supplication],اللهم اهديني فيمن هديت”Allahumma Ahdini fiman hadayt…” until the end of the supplication. The Imam recites [the du'aa - supplication] in plural form, and what is correct (sahīh) is that it is Sunnah to send blessings upon Rasūlullah (sallallahu ‘alayhi wa sallam) at the end of the supplication, and that the hands be raised, and that one does not wipe their face (ولا يمسح وجهه), and that the Imām says it aloud while the one following says Amīn.”
The Hierarchy of Imam An-Nawawi's Works
Imam An-Nawawi (rahmatullah ‘alayh) wrote many works in his short [631-676], but immensely blessed life. Some of his works, such as his commentary on Sahih Muslim is referenced and utilized by all scholars of Islam no matter what legal school they are from. His works on Shafi’i fiqh, are cornerstones of the building sculpted by the hands and brilliant minds of hundreds of mujtahidin Imams that worked for the preservation of the Shafi’i madh-hab. On brief occassion, Imam An-Nawawi’s works seemingly contradict themselves in verdict and jurisprudence. For this reason, the scholars have established a hierarchy of his works. Imam Al-Kurdi in his Al-Maslak Al-Adl and Fawa’id Al-Madaniyyah states [note: Originally I had written this with the و being understood as within the title, however, Shaykh Taha Karan (jazahullah Khayran) emailed me clarifying that these are actually two works.1 ,
"ِIf the works of Imam An-Nawawi contradict one another, then generally the Mu'tamad (relied upon) opinion is his work "At-Taḥqiq", then "Al-Majmu' [Sharḥ Al-Muhadhdhab]“, then Ar-Rawḍah, then the Minhaj and equivalent to that is his Fatawa, then the Sharḥ of Saḥiḥ Muslim, then Saḥiḥ At-Tanbih.”2
So, again, the works of Imam An-Nawawi in authoritative order are [generally]:
1) At-Taḥqiq – a work dealing with issues of Taharah to Salah of the traveller.
2) Al-Majmu’
3) Ar-Rawḍah
4) Minhaj, the treatise memorized and studied by Shafi’i students and scholars. Its equivalent is his Fatawa.
5) Sharḥ of Saḥiḥ Muslim
6) Saḥiḥ At-Tanbih
Lastly, Shaykh Taha Karan, may Allah 
always bless him, said the following:
“Reference should perhaps be made to the fact that this hierarchical approach is not a hard and fast rule, but rather an approximate one. The real canon of preference in cases of internal conflict between Imam Nawawi’s works is, according to Ibn Hajar, the manner in which the later scholars of the madhhab assigned tarjih. I cite Ibn Hajar’s words as quoted by Ibn al-Jammal in Fath al-Majid p. 4:
ثم إن اختلف ترجيح الإمام النووي في كتبه فالراجح غالبا ما هو متتبع فيه كالتحقيق فالمجموع فالتنقيح، ثم ما هو مختصر كالروضة فالمنهاج. أما نحو فتاواه فشرح مسلم فتصحيح التنبيه ونكته مما هو من أوائل تآليفه فهو مؤخر عما ذكر. قال في التحفة بعد ذكر نحو ذلك: هذا تقريب، وإلا فالواجب في الحقيقة عند تعارض هذه الكتب مراجعة كلام معتمِدي المتأخرين واتباع ما رجحوه منها.
[End quote from Shaykh Taha Karan]
The translation of the above quote provided by Shaykh Taha Karan is as follows,
“If there are differences in the preference of Imam al-Nawawi rahimahuLlahu ta’ala in his books, generally the preference are given firstly to scrutinized works according to the following order: (1) al-Tahqīq, (2) al-Majmūʿ, (3) al-Tanqīḥ, then an abridged work like (4) al-Rauḍah, (5) al-Minhāj. Others will be according to this order; (6) his fatāwā (legal verdicts), (7) Sharh Sahih Muslim, and finally (8) Taṣḥīḥ al-Tanbīh and its nukāt (marginal note) that were considered among his earlier works.
After mentioning statements similar to this (Imam Ibn Hajar) stated in Al-Tuhfah, “This is in general, otherwise, when there are contradictory opinions in these books, it is necessary in reality to study the opinions of the reliable later scholars (muta’khkhirin) and to follow what they preferred.”
[Edited on Dec. 17, 2009]
And Allah Knows Best!
- He said: Al-Fawa'id al-Madaniyyah and al-Maslak al-'Adl by Muhammad ibn Sulayman al-Kurdi are not one, but two separate works. The latter is his lesser hashiyah (the smallest of 3) on Ibn Hajar's commentary on BaFadl, while the former is a treatise on the methodology of fatwa in the madhhab. Al-Fawa'id has been printed now, but al-Maslak al-'Adl remains in manuscript form. A copy of it can be seen at http://makhtota.ksu.edu.sa/makhtota/1650 . [↩]
- Quoted within the Introduction of Kitab At-Tahqiq page 16 pub. by Dar Al Jil Beirut [↩]
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