BOOK R: HOLDING ONE'S TONGUE

Table of Contents:

r0.0 INTRODUCTION

r0.1 (n: Book r has been edited from Nawawi's al-Adhkar al-muntakhaba minkalam Sayyid al-Abrar and from al-Durar al-mubaha fi al-hazr wa al-ibaha, a work on the lawful and unlawful by the Hanafi scholar Khalil Nahlawi.)

r0.2 (Nawawi:) Having previously discussed what Allah Most Glorious and Exalted has facilitated of recommended invocation (dhikr) and the like, I wish to add here the expressions which are offensive or unlawful, that the book ;might fully encompass the rulings on words and explain their categories, mentioning the objects thereof that every religious person needs to know (al-Adhkar (y102), 450).

r1.0 THE IMPORTANCE OF HOLDING ONE'S TONGUE

r1.1 (Nawawi:) Every legally responsible person should refrain from saying anything except when there is a clear advantage to speaking. Whenever speaking and not speaking are of equal benefit, it is sunna to remain silent, for permissible speech easily leads to that which is unlawful or offensive, as actually happens much or even most of the time - and there is no substitute for safety. The Prophet (Allah) bless him and give him peace) said,

"Whoever believes in Allah and the Last Day, let him say what is good or remain silent."

This hadith, whose authenticity Bukhari and Muslim concur upon, is an explicit ;legal text indicating that a person should not speak unless what he intends to say is good, meaning that the benefit of it is apparent to him. Whenever one doubts that there is a clear advantage, one should not speak. Imam Shafi'i (Allah have mercy on him) said, "when one wishes to speak, one must first reflect, and if there is a clear interest to be served by speaking, one speaks, while if one doubts it, one remains silent until the advantage becomes apparent."

r1.2 The Prophet (Allah bless him and give him peace):

1. "O Messenger of Allah, which of the Muslims is best?" And he said, "He who the Muslims are safe from his tongue and his hand."
2. "A servant unthinkingly says something pleasing to Allah Most High for which Allah raises him whole degrees. And a servant unthinkingly says something detested by Allah Most High for which he plunges into hell,"
3. "The excellence of a person's Islam includes leaving what does not concern him [def: w54]."
4. "Do not speak much without mentioning Allah (dhikr), for too much speech without mentioning Allah hardens the heart, and the hard-hearted are the farthest of all people from Allah Most High."
5. "All of a human being's words count against him and not for him, except commanding the right, forbidding the wrong, and the mention of Allah Most High (dhikr)."

r1.3 The Master Abul Qasim Qushayri (Allah have mercy of him) said, "Safety lies in remaining silent, which should be one's basis. Silence at the appropriate time is the mark of men, just as speech at the appropriate time is one of the finest qualities. I have heard Abu 'Ali Daqqaq(Allah be well pleased with him) say, 'He who is silent when something should be said is a tongueless villain'"((y102), 450-55).

r2.0 SLANDER (GHIBA)

r2.1 (Nawawi:) Slander and talebearing are two of the ugliest and most frequently met with qualities among men, few people being safe from them. I have begun with them because of the widespread need to warn people of them.

SLANDER

r2.2 Slander (ghiba) means to mention anything concerning a person that he would dislike, whether about his body, religion, everyday life, self, disposition, property, son, father, wife, servant, turban, garment, gait, movements, smiling, dissoluteness, frowning, cheerfulness, or anything else connected with him.

Mention means by word, writing, sign, or indicating him with one's eye, hand, head, and so forth.

Body refers to saying such things as that someone is blind, lame, bleary-eyed, bald, short, tall, dark, or pale.

Religion includes saying that he is corrupt, a thief, cannot be trusted, is a tyrant, does not care about the prayer, does not watch to avoid filth, does not honor his father, does not spend zakat on what it should be spent on, or does not avoid slandering others.

Everyday life includes saying that his manners are poor; he does not care about others; does not think he owes anyone anything; that he talks, eats, or sleeps too much; or sleeps or sits when he should not.

Father refers to saying such things as that his father is corrupt, his father is an Indian, Nabatean, African, cobbler, draper, carpenter, blacksmith, or weaver (n: if mentioned derogatorily ).

Disposition includes saying that he has bad character, is arrogant, a show-off, overhasty, domineering, incapable, fainthearted, irresponsible, gloomy, dissolute, and so forth.

Clothing means saying such things as that his sleeves are too loose, his garment hangs too low, is dirty, or the like. Other remarks can be judged by the above examples. The determining factor is ;mentioning about a person what he would not like.

r2.3 As for talebearing (namima), it consists of quoting someone's words to another in a way that worsens relations between them.

THE EVIDENCE THAT SLANDER AND TALEBEARING ARE UNLAWFUL

r2.4 The above define slander and talebearing. As for the ruling on them, it is that they are unlawful, by the consensus (def:b7) of Muslims. There is much explicit and intersubstantiative evidence that they are unlawful from the Koran, sunna, and consensus of the Muslim Community.

r2.5 Allah Most High says:

1. "Do not slander one another" (Koran 49.12).
2. "Woe to whomever disparages others behind their back or to their face" (Koran 104:1)
3. "... slanderer, going about with tales" (Koran 68.11)

r2.6 The Prophet (Allah bless him and give him peace) said:

1. "The talebearer will not enter paradise."
2. "Do you know what slander is?" They answered, "Allah and His messenger know best." He said, "It is to mention of your brother that which he would dislike." Someone asked, "what if he is as I say?" And he replied, "If he is as you say, you have slandered him, and if not, you have calumniated him."
3. The Muslim is the brother of the Muslim. He does not betray him, lie to him, or hang back from coming to his aid. All of the Muslim is inviolable to his fellow Muslim: his reputation, his property, his blood. Godfearingness is here[N: pointing to his heart]. It is sufficiently wicked for someone to belittle his fellow Muslim."

MIMICKING ANOTHER'S IDIOSYNCRACIES

r2.7 We have mentioned above that slander is saying anything about a person that he would dislike, whether aloud, in writing, by a sign, or a gesture. Anything by which one conveys a Muslim's (A: or non-Muslim's) shortcomings to another is slander, and unlawful. It includes doing imitations of someone, such as by walking with a limp, with a stoop, or similar posture, intending to mimic the person with such a deficiency. Anything of this sort is unquestionably unlawful.

SLANDER IN PUBLISHED WORKS

r2.8 Slander also includes the author of a book mentioning a specific person in his work by saying, "So-and-so says such and such," which is unlawful if he thereby intends to demean him. But if he wants to clarify the person's mistake so that others will not follow him, or expose the weakness of his scholarship so others will not be deceived and accept what he says, it is not slander, but rather advice that is obligatory, and is rewarded by Allah for the person who intends it as such.

Nor is it slander for a writer or other person to say, "There are those [or "a certain group"] who say such and such, which is a mistake, error, ignorance, and folly," and so forth, which is not slander because slander entails mentioning a particular person or a group of specific individuals.

SLANDER BY ALLUSION AND INNUENDO

r2.9 When the person being spoken to understands whom one is referring to, it is slander and unlawful to say, for example, "A certain person did such and such," or "A certain scholar," "Someone with pretensions to knowledge," "A certain Mufti certain person regarded as good," "Someone who claims to be an ascetic," "One of those who passed by us today," or "One of the people we saw." This includes the slander of some would-be scholars and devotees, who make slanderous innuendoes that are as clearly understood as if they were plainly stated. When one of them is asked, for example, how So- and-so is, he replies, "May Allah improve us," "May Allah forgive us," "May Allah improve him," "We ask Allah's forbearance," "Praise be to Allah who has not afflicted us with visiting oppressors," "We take refuge in Allah from evil," "May Allah forgive us for lack of modesty," "May Allah relent towards us," and the like, from which the listener understands the person's shortcomings. All of this is slander and is unlawful, just as when one says, "So-and-so is afflicted with what we all are," or "There's no way he can manage this," or "We all do it."

r2.10 The above are but examples. Otherwise, as previously mentioned, the criterion for slander is that one gives the person being addressed to understand another's faults.

LISTENING TO SLANDER

r2.11 Just as slander is unlawful for the one who says it, it is also unlawful for the person hearing it to listen and acquiesce to. It is obligatory whenever one hears some one begin to slander another to tell him to stop if this does not entail manifest harm to one. If it does, then one is obliged to condemn it in one's heart and to leave the company if able. When the person who hears it is able to condemn it in words or change the subject, then he must. It is a sin for him not to. But if the hearer tells the slanderer to be silent while desiring him in his heart to continue, this, as Ghazali notes. is hypocrisy that does not lift the sin from him, for one must dislike it in one's heart.

r2.12 Whenever one is forced to remain at a gathering where there is slander and one is unable to condemn it, or one's condemnation goes unheeded and one cannot leave, it is nevertheless unlawful to listen or pay attention to. What one should do is invoke Allah(dhikr) with the tongue and heart or heart alone, or think about something else to distract one from listening to it. When this is done, whatever one hears under such circumstances does not harm one as long as one does not listen to or heed the conversation. And if afterwards one is able to leave the assembly and the people are persisting in slander and the like, then one must leave. Allah Most High says:

"When you see those engaged in idle discussion about Our signs, keep apart from them until they speak of other things. And if the Devil makes you forget, then do not sit with wrong-doing people after being reminded" (Koran 6.68).

r2.13 Ibrahim ibn Adham (Allah be well pleased with him) answered an invitation to come to a wedding feast, where some of those present mentioned that a certain person who did not attend was "unpleasant." Ibrahim said, "I myself have done this by coming to a place where others are slandered," and he left and would not eat for three days.

SLANDERING ANOTHER IN ONE'S HEART

r2.14 Entertaining bad thoughts about others (su' al-zann) is as unlawful as expressing them. Just as it is unlawful to tell another of the failings of a person, so too it is unlawful to speak to oneself of them and think badly of him. Allah Most High says,

"Shun much of surmise" (Koran 49:12).

The Prophet (Allah bless him and give him peace said,

"Beware of suspicions, for they are the most lying of words,"

There are many hadiths which say the same, and they refer to an established conviction or judgement in the heart that another is bad. As for passing thoughts and fancies that do not last, when the person having them does not persist in them, scholars concur that they are excusable, since their occurrence is involuntary and there is no way to avoid them. The Prophet (Allah bless him and give him peace) said,

"For those of my Community, Allah overlooks the thoughts that come to mind as long as they are not uttered or acted upon."

Scholars say this refers to passing thoughts that do not abide, whether of slander, unbelief (kufr), or something else. Whoever entertains a passing notion of unbelief that is a mere fancy whose occurrence is unintentional and immediately dismissed is not an unbeliever and is not to blame. The reason such things are excusable is that there is no way to take precaution against them. One can only avoid continuing therein, which is why persistence in them and the established conviction of them in one's heart is unlawful.

Whenever one has a passing thought of slander, one is obliged to reject it and summon to mind extenuating circumstances which explain away the appearances that seem to imply the bad opinion Imam Abu Hamid Ghazali says in the Ihya': "A bad thought about someone that occurs in one's heart is a notion suggested by the Devil, and one should dismiss it, for the Devil is the most corrupt of the corrupt, and Allah Most high says,

"'If a corrupt person brings you news, verify it, lest you hurt others out of ignorance and then regret what you have done' (Koran 49.6).

It is not permissible to believe Satan, and if the appearance of wrongdoing can possibly be interpreted otherwise, it is not lawful to think badly of another. The Devil may enter the heart at the slightest impression of others' mistakes, suggesting that one only noticed it because of one's superior intelligence and discernment, and that "the believer sees with the light of Allah," which upon examination often amounts to nothing more than repeating the Devil's deceit and obscurities. If a reliable witness informs one of something bad about another, one should neither believe it nor disbelieve it, in order to avoid thinking badly of either of them. And whenever one has a bad thought about a Muslim one should increase one's concern and respect for him, as this will madden the Devil and put him off, and he will not suggest the like of it to one again for fear that one will occupy oneself with prayer for the person.

"If one learns of a Muslim's mistake by undeniable proof, one should advise him about it in private and not let the Devil delude one into slandering him. And when admonishing him, one should not gloat over his shortcoming and the fact that he is regarding one with respect while one is regarding him with disdain, but one's intention should rather be to help him disengage from the act of disobedience, over which one is as sad as if one had committed it oneself. One should be happier if he desists from it without being admonished than if he desists because of one's admonishment." These are Ghazali's words.

r2.15 We have mentioned that it is obligatory for a person with a passing ill thought of another to dispell it, this being when no interest recongnised by Sacred Law conduces one to reflect upon it, for if there is such an interest, it is permissible to weigh and consider the individual's deficiency and warn others of it, as when evaluating the reliability of court witnesses or hadith transmitters, and in other cases we will mention below in the section on permissible slander.

PERMISSIBLE SLANDER

r2.16 Slander, though unlawful, is sometimes permissible for a lawful purpose, the legitimating factor being that there is some aim countenanced by Sacred Law that is unattainable by other means. This may be for one of six reasons.

REDRESSING GRIEVANCES

r2.17 The first is the redress of grievances. Someone wronged may seek redress from the Islamic ruler, judge, or others with the authority or power to help one against the person who has wronged one. One may say, "So-and-so has wronged me," "done such and such to me," "took such and such of mine," and similar remarks.

ELIMINATING WRONGDOING

r2.18 The second is seeking aid in righting a wrong or correcting a wrongdoer, such as by saying to someone expected to be able to set things right, "So-and-so doing such and such, so warn him not to continue," and the like. The intention in such a case must be to take the measures necessary to eliminate the wrong, for if this is not one's purpose, it is unlawful.

ASKING FOR A LEGAL OPINION

r2.19 The third is asking for a ;legal opinion, such as by saying to the mufti, "My father [or "brother," or "So-and-so,"] has wronged me by doing such and such. May he do so or not?" "How can I be rid of him," "get what is coming to me," "stop the injustice," and so forth. Or such as saying, "My wife does such and such to me," "My husband does such and such," and the like. This is permissible when necessary, but to be on the safe side it is best to say, "What do you think of a man whose case is such and such," or "A husband [or "wife'] who does such and such," and so on, since this accomplishes one's aim without referring to particular people. But it is nevertheless permissible to identify a particular person, as is attested to by the hadith in which Hind said,

"O Messenger of Allah, Abu Sufyan is a stingy man..."

and the Prophet (Allah bless him and give him peace) did not forbid her.

WARNING MUSLIMS OF EVIL

r2.20 The fourth reason is to warn Muslims of evil and advise them, which may take several forms, including:

1. Impugning unreliable hadith transmitters or court witnesses, which is permissible by consensus of all Muslims, even obligatory, because of the need for it.
2. When a person seeks one's advice about marrying into a certain family, entering into a partnership with someone, depositing something for safekeeping with him, accepting such a deposit, or some other transaction with him, it is obligatory for one to tell the person asking what one knows about the other by way advising him. If one can accomplish this by merely saying, "Dealing with him is of no advantage to you," "Marrying into the family is not in your interests," "Do not do it," and similar expressions, then one may not elaborate on the individual's shortcomings. But if it cannot be accomplished without explicitly mentioning the individual, one may do so.
3. When one notices a student of Sacred Law going to learn from a teacher who is guilty of reprehensible innovations in religious matters (bid'a, def: w29.3) or who is corrupt, and one apprehends harm to the student thereby, one apprehends harm to the student thereby, one must advise him and explain how the teacher really is. It is necessary in such a case that one intend to give sincere counsel. Mistakes are sometimes made in this, as the person warning another may be motivated by envy, which the Devil has duped him into believing is heartfelt advice and compassion, so one must beware of this.
4. And when there is someone in a position of responsibility who is not doing the job as it should be done, because of being unfit for it, corrupt, inattentive, or the ;like, one must mention this to the person with authority over him so he can remove him and find another to do the job properly, or be aware of how he is so as to deal with him as he should be dealt with and not be deluded by him, to urge him to either improve or else be replaced.

SOMEONE UNCONCERNED WITH CONCEALING THEIR DISOBEDIENCE

r2.21 A fifth reason that permits slander is when the person is making no effort to conceal his corruption or involvement in reprehensible innovation (bid'a), such as someone who openly drinks wine, confiscates others, property, gathers taxes uncountenanced by Sacred Law, collects money wrongfully, or perpetrates other falsehoods, in which cases it is permissible to speak about what he is unconcerned to conceal, but unlawful to mention his other faults unless there is some other valid reason that permits it, of those we have discussed.

IDENTIFICATION

r2.22 The sixth reason is to identify someone. When a person is known by a nickname such as "the Bleary-eyed," "the Lame," "the Deaf," "the Blind," "the Cross-eyed," or similar, it is permissible to refer to him by that name if one's intention is to identify him. It is unlawful to do so by way of pointing out his deficiencies. And if one can identify him by some other means, it is better.

r2.23 These then, are six reasons Islamic scholars mention that permit slander in the above cases (as- Adhkar(y102), 455-69).

r3.0 TALEBEARING (NAMIMA)

r3.1 (Nawawi:) Having summarily mentioned that talebearing (namima) is unlawful, with the evidence for this and a description of its nature, we now want to add a fuller explanation of it. Imam Abu Hamid Ghazali says, "Talebearing is a term that is usually applied only to someone who conveys to a person what another has said about him, such as by saying, 'So-and-so says such and such about you,' In fact, talebearing is not limited to that, but rather consists of revealing anything whose disclosure is resented, whether resented by the person who originally said it, the person to whom it is disclosed, or by a third party. It makes no difference whether the disclosure is in word, writing, a sign, nodding, or other; whether it concerns word or deed; or whether it concerns something bad or otherwise. The reality of talebearing lies in divulging a secret, in revealing something confidential whose disclosure is resented. A person should not speak of anything he notices about people besides that which benefits a Muslim to relate or prevents disobedience. Anyone approached with a story, who is told, 'So-and-so says such and such about you,' must do six things:

1. disbelieve it, for talebearers are corrupt, and their information unacceptable;
2. tell the talebearer to stop, admonish him about it, and condemn the shamefulness of what he has done;
3. hate him for the sake of Allah Most High, for he is detestable in Allah's sight, and hating for the sake of Allah Most High obligatory;
4. not think badly of the person whom the words are supposedly from, for Allah Most High says,

   'Such much of surmise'(Koran 49.12);
    

5. not let what has been said prompt him to spy or investigate whether it is true, for Allah Most High says,

   'Do not spy' (Koran 49.12);
    

6. and not to do himself what he has forbidden the talebearer to do, by relating it to others."

((y102), 471-72)

r4.0 SAYING "THE PEOPLE HAVE GONE TO RUIN"

r4.1 The Prophet (Allah bless him and give him peace) said,

"When a man says, 'The people have gone to ruin,' he is the most ruined of all."

r4.2 (Nawawi:) Khattabi says the hadith means that a person who continually finds fault with people and mentions their failings is the most ruined of all, i.e. he becomes worse than they are because of the sin he commits in disparaging and attacking them, which may also lead to conceitedness and seeing himself as better than they.

Scholars concur that the condemnation only applies to someone who says the like of this out of contempt for people, considering them inferior and himself superior, despising the way they are because of his ignorance of the divine wisdom in Allah's creating them. But if one says it out of sadness at seeing one's own religious failings and those of others, there is no harm in it, just as there is no blame in saying, "For all I know, every one of the Prophet's Community (Allah bless him and give him peace) performs the prayer." This is how Imam Malik explained the hadith, and others have followed him therein (sahih Muslim bi Sharh al-Nawawi(y93), 16.175-76).

r5.0 INFORMING ON ANOTHER

r5.1 The Prophet (Allah bless him and give him peace) said,

"Let none of my Companions inform me of anything another of them has said, for I wish to come out to you without disquiet in my heart."

(al-Adhkar(y102),473)

r6.0 TWO PEOPLE CONVERSING SO A THIRD CANNOT HEAR

r6.1 The Prophet (Allah bless him and give him peace) said,

"When there are only three of you, two of you may not speak together apart from the third unless you join a group of others, lest your doing so sadden him."

r6.2 (Nahlawi:) Nawawi (Allah have mercy on him) says this hadith prohibits two individuals conversing privately when a third is present, and likewise prohibits three or more people from doing so when there is a single person apart from them. The prohibition indicates its unlawfulness, it being impermissible for a group to converse apart from a single individual unless he gives his permission. Imam Malik (Allah have mercy on him), our colleagues, and the majority of scholars hold that the prohibition is applicable at all times, whether one is at home or travelling, though some (A: Hanafi) scholars say that such converse is forbidden only while travelling, not when at home, for when travelling it may portend danger.

r6.3 As for when there are four people and two of them speak privately in low tones apart from the other two, scholars agree that there is no harm in this.

r6.4 The prohibition of listening to the conversation of people who are averse to one's listening likewise means it is unlawful, though only when the conversation does not entail harm to the listener, for if it does, one may listen to protect oneself from them (al-Durar-al-mubaha(y99), 159).

r7.0 GIVING DIRECTIONS TO SOMEONE WHO WANTS TO DO WRONG

r7.1 (Nahlawi:) It is not permissible to give directions and the like to someone intending to perpetrate a sin, because it is helping another to commit disobedience. Allah Most High says,

"Do not assist one another in sin and aggression" (Koran 5:2).

Giving directions to wrongdoers includes:

1. showing the way to policemen and tyrants when they are going to commit injustice and corruption;
2. teaching questions of Sacred Law to those learning it in bad faith (N:i.e. who do not want the knowledge to apply it in their lives, but for some unworthy purpose);
3. teaching positions in Sacred Law that are rejected (A: meaning those that are not accepted by any of the four schools of jurisprudence (dis:b7.6)) or weak (dis:w12.2), or anything else that informs people of how to commit disobedience to Allah Most High:
4. and permitting or authorizing a person to do something that entails disobedience, for acceptance of disobedience is disobedience. ((y99), 159-60)

r8.0 LYING

r8.1 (Nawawi:) Primary texts from the Koran and sunna that it is unlawful to lie (dis:p24) are both numerous and intersubstantiative, it being among the ugliest sins and most disgusting faults. Because of the scholarly consensus of the Community (Umma) that it is prohibited and the unanimity and amount of the primary textual evidence, there is little need to cite particular examples thereof, out only concern here being to explain the exceptions to what is considered lying, and apprise of the details.

PERMISSIBLE LYING

r8.2 The Prophet (Allah bless him and give him peace) said,

``He who settles disagreements between people to bring about good or says something commendable is not a liar.''

This much is related by both Bukhari and Muslim, with Muslim's version recording that Umm Kulthum added,

``I did not hear him permit untruth in anything people say, except for three things: war, settling disagreements and a man talking with his wife or she with him (A:in smoothing over differences),''

This is an explicit statement that lying is sometimes permissible for a given interest, scholars having established criteria defining what types of it are lawful. The best analysis of it I have seen is by Imam Abu Hamid Ghazali, who says: "Speaking is a means to achieve objectives. If a praiseworthy aim is attainable through both telling the truth and lying, it is unlawful to accomplish through lying because there is no need for it. When it is possible to achieve such an aim by lying but not by telling the truth, it is permissible to lie if attaining the goal is permissible (N:i.e. when the purpose of lying is to circumvent someone who is preventing one from doing something permissible), and obligatory to lie if the goal is obligatory. When for example one is concealing a muslim from an oppressor who asks where he is, it is obligatory to lie about his being hidden. Or when a person deposits an article with one for safekeeping and an oppressor wanting to appropriate it inquires about it, it is obligatory to lie about having concealed it, for if one informs him about the article and he then siezes it, one is financially liable(A:to the owner)to cover the article's cost. Whether the purpose is war, settling a disagreement, or gaining the sympathy of a victim legally entitled to retaliate against one so that he will forbear to do so; it is not unlawful to ;lie when any of these aims can only be attained through lying. But is religiously more precautionary (def:c6.5) in all such cases to employ words that give misleadng impression, meaning to intend by one's words something that is literally true, in respect to which one is not lying (def:r10.2) white the outward purport of the words deceives the hearer, though even if one does not have such an intention and merely lies without intending anything else, it is not unlawful in the above circumstances.

`This is true of every expression connected with a legitimating desired end, whether one's own or another's. An example of a legitimating end of one's own is when an oppressor intending to appropriate one's property inquires about it, in which case one may deny it. Or if a ruler asks one about a wicked act one has committed that is solely between oneself and Allah Most High (N: i.e. it does not concern the rights of another), in which case one is entitled to disclaim it, such as by saying, 'I did not commit fornication,'or'I did not drink.' There are many well known hadiths in which those who admitted they deserved punishment were given prompting (A: by the Prophet (Allah bless him and give him peace)) to retract their confessions. An example of a legitimating desired end of another is when one is asked about another's secret and one disacknowledges it. And so on. One should compare the bad consequences entailed by lying to those entailed by telling the truth, and if the consequences of telling the truth are more damaging, on is entitled to lie, though if the reverse is true or if one does not know which entails more damage, them lying is unlawful. Whenever lying is permissible, if the factor which permits it is desired end of one's own, it is recommended not to lie, but when the factor that permits it is the desired end of another, it is not lawful to infringe upon his rights. Strictness (A: as opposed to the above dispensations (rukhsa, def:c6.2)) is to forgo lying in every case where it is not legally obligatory."

r8.3 The position of Ahl al-Sunna is that lying means to inform another that something is otherwise than it really is, whether intentionally or out of ignorance. One is not culpable if ignorant of it, but only if one lies intentionally, the evidence for which is that the Prophet (Allah bless him and give him peace) made intentionality a condition when he said,

``Whoever lies about me intentionally shall take a place for himself in hell.'' (al-Adhkar (y102), 510-12)

r9.0 EXAGGERATION

r9.1 (Nawawi:) Gazali says: "Among the forms of lying that are unlawful but not serious enough to stigmatize their perpetrator as legally corrupt (dis:o24.3) is the customary exaggeration of saying, 'I've told you a hundred times,' or 'asked after you hundred times.' and so forth, since one does not thereby intend to inform the other how many times it has been, but only to indicate that it has been too many. In such cases, if the speaker in fact has only asked after the other but once, he is; lying, though is he has asked after him a number of times considerably more than what is generally accepted, he is not committing a sin by saying it, even if it has not been 'a hundred times.' There are intermediate degrees between these two at which the exaggerator becomes a liar."

r9.2 The proof that exaggeration is sometimes permissible and not considered lying is the hadith related by Bukhari and a Muslim that the Prophet (Allah bless him and give him peace) said,

``.. As for Abul Jahm, his stick never leaves his shoulder, while Mu'awiya does not own a thing,''

it being understood that the latter owned the garment he was wearing, and the former set his stick aside when he slept and at other times. And Allah alone gives success((y102),515-16).

r10.0 GIVING A MISLEADING IMPRESSION

r10.1 (Nawawi:) Giving a misleading impression is among the most important topics, being frequently met with and often abused. It befits us to examine the matter closely, and whoever learns of it should reflect upon it and apply it. Having previously mentioned that lying is severely prohibited, and the danger that exists in saying something without any particular intention, what follows below shows a safe alternative to these.

r10.2 Giving a misleading impression means to utter an expression that ostensibly implies one meaning, while intending a different meaning the expression may also have, one that contradicts the ostensive purport. It is a kind of deception.

(A: It often takes the form of the speaker intending a specific referent while the hearer understands a more general one, as when a person asks a householder, ``Is So-and-so here?'' to which the householder, intending the space between himself and the questioner rather than the space inside the house, replies, "He is not here.")

r10.3 Scholars say that there is no harm (def: p8.2(A:)) in giving a misleading impression if required by an interest countenanced by Sacred Law that is more important than not misleading the person being addressed, or if there is a pressing need which could not otherwise be fulfilled except through lying. When neither of these is the case, giving a misleading impression is offensive though not unlawful unless used as a means for wrongful gain or suppressing another's right, in which case it becomes unlawful. The above determine its permissibility. As for the hadith evidence, some of which permits it and some of which does not, it is to be interpreted in the light of the above criteria (al-Adhkar (y102), 514).

r11.0 VERIFYING ONE'S WORDS BEFORE SPEAKING

r11.1 Allah Most High says:

1. ``Pursue not that of which you have no knowledge. The hearing, the eyesight, the heart: all will be asked about'' (Koran 17:36).
2. ``He utters not a word save that an observer is present beside him'' (Koran 50:18).

r11.2 The Prophet (Allah bless him and give him peace) said,

``It is lying enough for a man to repeat everything he hears.''

((y102), 512-13)

r12.0 SPEAKING OF TAXES AS "THE RULER'S RIGHT"

r12.1 (Nawawi:) One of the things most sternly prohibited and needful to warn people against is what the common people say about sales tax and the like (dis: p32), namely that ``this is the ruler's right,'' or ``you have to pay the ruler's due,'' and so forth, of references to ``right,'' ``obligation,'' and so on. This is one of the most objectionable practices and ugliest of reprehensible innovations. Some scholars even hold that anyone who calls these taxes a right thereby becomes an unbeliever, beyond the pale of Islam. But in fact, such a person does not become an unbeliever unless he actually considers it right while knowing it is unjust. The proper way to mention these is to say ``the ruler's tax,''``revenue,'' or similar words. And Allah alone gives success ((y102), 499-500).

r13.0 CONVERSING ABOUT WHAT IS USELESS OR IMMORAL

r13.1 (Nahlawi:) Conversing about what is useless or immoral means discussing acts of disobedience, such as stories about drinking sessions and fornicators when there is no legitimate purpose connected with the conversation, which is unlawful because it manifests one's own disobedience or another's without there being any need to. Ibn Mas'ud (Allah be well pleased with him) said,

``The greatest in sins on the Judgement Day will be the one most given to speaking about the useless and immoral.''

SPEAKING ABOUT WHAT DOES NOT CONCERN ONE

r13.2 As for speaking about what does not concern one, such as the story of one's travels, and the mountains, rivers, food, and clothes one saw while on them; when it does not contain lies, slander, ostentation, or other things that are unlawful, it is not in itself prohibited. Rather, it may be recommended, as when inspired by a good intention such as preventing others of accusing one of being arrogant or proud of not speaking, allaying another's timorousness, cheering up someone sad or ill, amusing or getting along well with the womenfolk, showing kindness to children, or similar motives. With these intentions it is not considered to be what does not concern one.

r13.3 It is recommended and praiseworthy to leave anything that does not concern one (def: w54) because one squanders one's life by involvement in it and in mere amusement. The Prophet (Allah bless him and give him peace) said,

``The excellence of a person's Islam includes leaving what does not concern him,''

including excess verbiage, meaning to elaborate more than necessary about matters which do concern one, or to ask about things which are of no importance; though it does not include clarifying the details of difficult legal questions, especially to those of limited understanding, or the need to repeat an exhortation, reminder, instruction, or the like, since it might be necessary. But when it is unnecessary to add details, one should express oneself succinctly and with brevity. The Prophet (Allah bless him and give him peace said,

``Good tidings to him who avoids the excess in his speech and spends the excess of his money.''

`Ali (Allah ennoble his countenance) said,

``The best discourse is expressive, great, brief, and interesting.''

(al-Durar al-mubaha (y99), 135-36)

r14.0 EXPLAINING THE KORAN BY PERSONAL OPINION

r14.1 The Prophet (Allah bless him and give him peace) said,

"Whoever speaks of the Book of Allah from his own opinion is in error."

r14.2 (Nahlawi:) The jurist Abul Layth says in Bustan al-'arifin, "The [above] prohibition only applies to the allegorical parts of it (dis: w6), not to all of it, since Allah Most High says,

"`As for those with deviance in their hearts, they pursue the allegorical of it' (Koran 3:7).

"The Koran came as a proof of moral answerability against all mankind and jinn, while if interpreting it were not permissible, it could not be a decisive proof. Since it is decisive, it is permissible for someone acquainted with the dialects of the Arabs and the circumstances under which various verses were revealed to interpret it. As for would-be exegetes who do not know the dimensions of Arabic, the figurative, literal, and the types of metaphor, it is not permissible for them to explain it beyond what they have heard, by way of reporting and not actual interpretation."

The generality of the prohibition also entails that whoever does not know which verses abrogate others and which are abrogated, the points upon which there is scholarly consensus (def: b7), and the tenets of faith of Ahl al-Sunna, is not safe from error if he interprets the Koran with nothing beyond the implications of the Arabic. Mere linguistic familiarity with the language is insufficient, and one must also know what we have just mentioned. When one knows both, one may interpret the Koran, and is not doing so by mere opinion ((y99), 158).

r14.3 (A: The above is equally true of hadith. Koran and hadith commentaries are of tremendous importance to teachers, speakers, writers, and translators who are preparing materials to present to Muslim audiences. The dictionary is not enough.)

r15.0 ASKING ABOUT THE NATURE OF ALLAH MOST HIGH

r15.1 The Prophet (Allah bless him and give him peace) said:

"People will keep wondering and asking each other until it is said, 'This is Allah's creation, but who created Allah?' Whoever finds anything like this, let him say, 'I believe in Allah and His messengers.' " ((y99), 140)

r16.0 HYPOCRISY

r16.1 (Nahlawi:) Hypocrisy is when a person's outward does not correspond to his inward, or his words to his deeds. It is of two kinds, hypocrisy in belief and hypocrisy in acts. Hypocrisy in belief is another name for concealed unbelief while outwardly professing Islam. It is the very worst form of unbelief. Allah Mighty and Majestic says,

"Verily the hypocrites shall be in the lowest abyss of hell" (Koran 4:145).

And this type consigns its perpetrator to hell forever. As for hypocrisy in act, it is that which does not concern one's faith. It is also termed spoken hypocrisy, and consists of saying what contradicts one's true state. It is one of the greatest of sins. It includes being two-faced, like the person who, when two people are at odds, speaks words to each that confirm their respective sides, or tells each what the other has said, or endorses the enmity of each, praises each, and promises each to help against the other. This is hypocrisy and more. But its blameworthiness applies only to worsening relations between people, for if done to settle their differences, it is praiseworthy.

It is seldom that a person who visits leaders and important people is free of spoken hypocrisy. Someone told Ibn 'Umar (Allah be well pleased with father and son), "We visit our leaders and speak, but when we leave, we say something else." He replied, "In the days of the Messenger of Allah (Allah bless him and give him peace) we considered this hypocrisy."

r16.2 As for assuaging those from whom one apprehends harm (mudara), it is permissible, being done to obviate the damage and evil anticipated from certain people, whether it be a ruler or someone else one has reason to fear (al-Durar al-mubaha (y99), 116-18).

r17.0 COMPROMISING ONE'S PRINCIPLES

r17.1 (Nahlawi:) Compromising one's principles means religious lassitude and weakness, such as by saying nothing upon seeing acts of disobedience or unlawful things when able to change them without suffering harm. Such silence is unlawful. Its opposite is firmness in religion. Allah Most High says,

"They fight in the path of Allah and fear not the blame of whoever may blame them" (Koran 5:54).

And the Prophet (Allah bless him and give him peace) said,

"Speak the truth, even if bitter."

But when one's silence is to prevent damage to oneself or others, it is a permissible form of assuaging those from whom one apprehends harm (mudara), and even recommended in some cases, as when it results in being saved from injustice, or is a means to fulfill a right recognized by Sacred Law ((y99), 112- 13).

r18.0 RIDICULE AND SARCASM

r18.1 (Nahlawi:) Ridicule entails showing disdain, sarcasm, or contempt for another in a way that causes laughter, whether by mimicking another's words or actions, by a gesture or by allusion. It is unlawful. Allah Most High says:

1. "Those who demean believers who voluntarily give charity-ridiculing those who find nothing to give but their own effort-it is Allah who is ridiculing them, and they shall suffer a painful torment" (Koran 9:79).
2. ``O you who believe: let not some men deride others who might well be better than they; and let not some women ridicule others who might well be better than they. Do not belittle one another or insult one another with nicknames'' (Koran 49:11).

The Prophet (Allah bless him and give him peace) said:

``A gate in paradise will open to one of those who mock people and a cry will be heard, `Come here, come here,' and he will come forward in concern and anxiety, but when he reaches it, it will close in front of him. And this will happen again and again, until the gate will open and the cry `Come here, come here' will be heard as before, but he will not approach because he knows it will only close in front of him.''

r18.2 Ridicule is only unlawful when it hurts others' feelings. As for someone who purposely makes himself a laughingstock, perhaps such a person enjoys it, and jokes about him are considered mere humor. What is unlawful is the sarcasm that offends the person ridiculed, because of the insult and disdain involved, such as by laughing at his way of speaking, what he does, how he looks, or his physique because of a defect therein. To laugh at any of these is to commit ridicule that is unlawful ((y99), 126-27).

r19.0 JOKING

r19.1 (Nahlawi:) The necessary condition for the permissibility of joking is that it does not contain lies or occasion fright to a Muslim or a non-Muslim citizen, because this hurts others, and we are forbidden to do so.

r19.2 Excessive joking is blameworthy and forbidden, since it eliminates one's dignity and reserve, and creates resentment in certain situations and people. It also causes immoderate laughter, which kills the heart. The prophet (Allah bless him and give him peace) said to this companions.

``Who will take these words and apply them, or knows someone who will?'' Abu Hurayra answered, ``I will, O Messenger of Allah,'' whereupon the Prophet (Allah bless him and give him peace) took his hand and enumerated five things saying:

``Avoid the unlawful and you will be the most religious of people.''

``Be satisfied with what Allah has allotted you and you will be the richest of people.''

``Threat your neighbor well and you will be a believer.''

``Love for others what you love for yourself and you will be a Muslim.''

``Avoid excessive laughter, for too much laughter kills the heart.''

(al-Durar al-mubaha (y99), 127-28)

r20.0 PICKING APART ANOTHER'S WORDS

r20.1 (Nahlawi:) Picking apart another's words consists of attacking another's speech by revealing the mistakes in it, whether its weak Arabic, meaning, or the intention of the speaker, as when one says, ``This is true, but you do not intend the truth by it,'' when such an attack involves no other motive than contempt for the other and displaying one's cleverness. It is unlawful. The Prophet (Allah bless him and give him peace) said:

``Whoever forgoes to cavil when he is in the wrong will have a home built for him on the edge of paradise. Whoever forgoes it when in the right will have a home built for him in the middle of paradise. And whoever improves his own character, a home will be built for him in the highest part of paradise.''

When a believer hears something true, it befits him to accept it. If it is not true, but is unconnected with religious matters, he should remain silent, though if connected with religious matters, he is obliged to show that it is false and to condemn it if there is a chance that anyone will believe him, because this is forbidding the wrong.

GIVING A POSITIVE INTERPRETATION TO OTHERS' SEEMING MISTAKES

r20.2 Nawawi (Allah Most High have mercy on him) mentions, in the section of the introduction of Sharh al-Muhadhdhab about the behavior of teacher and student, that ``it is obligatory for a student to give a positive interpretation to every utterance of his brothers that seems to be wrong until has exhausted seventy excuses. No one is incapable of this except a failure.''

READING WORKS THAT ARE BEYOND ONE'S UNDERSTANDING OR CAPACITY

r20.3 The Sheikh al-Akbar (A: Muhyiddin ibn al-`Arabi), Allah Most High sanctify his inmost being, writes in his letter about the spiritual station of annihilation in gnostic vision: ``When a book falls into a person's hands concerning a subject he knows nothing about [A: knows meaning through having studied in with sheikhs who are masters of it] and has not learned by engaging in it at first hand, he should do absolutely nothing with the book, but rather return it to those whom it concerns. He should not believe, disbelieve, or discuss it at all'' ((y99), 131-32).

r21.0 LEARNED DISPUTATION

r21.1 (Nahlawi:) Disputation is what relates to clarifying various legal positions and making a case for them. When the intention behind this is to embarrass one's opponent or display one's superiority, it is unlawful or even unbelief according to some scholars. But when disputation is intended to reveal the truth, as is rare, then it is permissible or even recommended. Allah Most High says,

``Dispute with them with that which is better'' (Koran 16:125),

meaning , as Baydawi notes, by the best means of disputation, gently and affably, using the simplest approach and most familiar premises, since this more effectively cools opponents' vehemence and exposes their contentiousness ((y99), 132)

r22.0 ARGUING

r22.1 (Nawawi:) Arguing is importunateness in speech to gain one's end, whether monetary or other. It may be intitiated by oneself or in response to another. If one objects that a person must argue to obtain his rights, the reply is that the stern condemnation of it applies to those who argue without right or knowledge, or someone who adds abuse to his speech that is not necessary to secure his rights, or is motivated to argue by nothing besides an obstinate desire to win and to finish his opponent. As for someone who has been wronged and makes his case in a way compatible with the Sacred Law, without belligerence, excessiveness, or importunateness, and not intending mere obstinacy and abuse, it is not unlawful, though it is better to avoid it if there is any way to do so, for keeping one's tongue within the limits of fair play during the course of an argument is virtually impossible. Moreover, arguing produces rancor in hearts and causes animosity that can lead to actual hatred between two people, until each comes to be pleased when harm befalls the other and to be displeased at the good, and unleashes his tongue against the other's reputation. Whoever argues runs the risk of these calamities. AT minimum, a quarrel comes to preoccupy one's heart so that during the prayer one's thoughts turn to debating and arguing, and one does not remain as one should.

r22.2 A certain person remarked, `` I have not seen anything that impairs one's religion, diminishes one's respectability, ends one's happiness, or preoccupies one's heart like arguing'' (al Adhkar (y102),502-3).

r23.0 ASKING ABOUT ANOTHER'S MISTAKES

r23.1 (Nahlawi:) It is forbidden to ask about another's errors and blunders in order to tell them they have made a mistake or to embarrass them, being unlawful because it entails injury to another and belittling him in front of people. But when one's asking about mistakes is to learn or teach, or to test or sharpen students' minds or make them reflect, then it is recommended and desirable, because it facilitates the comprehension of religious knowledge (al-Durar al-mubaha (y99), 140).

r24.0 SEARCHING OUT A PERSON'S FAULTS

r24.1 (Nahlawi:) Asking about and searching out the faults of others is spying, which Allah Most High has forbidden by saying,

``Do not spy'' (Koran 49.12),

meaning to look for the shameful points of Muslims. The Prophet (Allah bless him and give him peace) said:

1. ``If you search for people's shameful points, you corrupt them...''
2. ``O you have entered Islam with your tongues but whose hearts faith has not entered: do not slander people, and do not ferret out people's shameful points. Whoever searches out the shameful points of his brother, Allah will search out his own shameful points, and if Allah searches out a person's shameful points, be sure that He will disgrace him even if he should remain in the middle of his house.'' ((y99), 145)

r25.0 DISPLAYING SATISFACTION AT A MUSLIM'S TROUBLES

r25.1 The Prophet (Allah bless him and give him peace) said,

`` Do not show joy at the misfortune of your brother, lest Allah have mercy on him and afflict you with misfortune.'' (al-Adhkar (y102),474)

r26.0 OBSCENITY

r26.1 The Prophet (Allah bless him and give him peace) said:

1. ``A believer is not given to reviling, cursing, obscenity, or vulgarity.''
2. ``Whatever contains vulgarity is made ugly by it, and whatever contains modesty is made beautiful by it.''

r26.2 (Nawawi:) Obscenity and vulgarity are forbidden, as is attested to by many well-known and rigorously authenticated (sahih) hadiths, obscenity meaning to express ugly or vulgar matters, in plain words, even if they are true and the speaker is being honest. One should instead express such things by alluding to them in a polite way that nevertheless conveys what is meant, as is done by the Holy Koran and authentic noble hadiths. Allah Most High says:

1. ``It is permitted to you on the nights of the fast to enter unto your wives'' (Koran 2:187).
2. ``How can you take it [the marriage payment] back when you have entered unto one another?'' (Koran 4:21).
3. ``But if you divorce them before you have touched them...'' (Koran 2:337).

There are many Koranic verses and authentic hadiths that employ similar words. Scholars say that comprehensible allusions should be used for these and other matters one is hesitant to mention by name. One alludes, for example, to sexual intercourse with a woman as ``going unto,'' ``lovemaking,'' ``sleeping with,'' and so forth, and does not use explicit words such as copulate or the like; and similarly alludes to urinating and voiding excrement as ``answering the call of nature, '' or ``going to the bathroom,'' and does not simply say ``defecate,'' ``urinate,'' and so forth. The same is true of mentioning personal blemishes such as leprosy, halitosis, underarm odor, and the like, which one should refer to by polite words that indicate what is meant. Other matters should be dealt with as in the above mentioned examples-all of which applies to cases in which there is no need to plainly refer to these things by name. When the need arises to explain or teach, and one fears that the listener may nor grasp one's allusion or may misunderstand the meaning, one should plainly say the thing's name so that the real meaning is understood. And this is how one should interpret the hadiths that have reached us which contain such straightforward expressions, as arising from the needs we have mentioned, for communicating clearly is more important than mere decorum. And Allah alone gives success ( (y102),508-9).

r27.0 SEVERITY IN SPEECH AND HARSHNESS

r27.1 (Nahlawi:) Severity in speech and harshness are blameworthy when out of place, their proper place being in forbidding the wrong, if gentleness and affability prove ineffective (dis: q5.5), as well as in imposing prescribed legal penalties, and in reprimanding or disciplining those who require it Allah Most High says:

1. ``... And be harsh with them'' (Koran 9:73).
2. ``Let them find severity in you'' (Koran 9:123).
3. `` Let not pity for them seize you concerning the religion of Allah'' (Koran 24:)

r27.2 Other than in the above-mentioned cases, it is praiseworthy for one to use amiable words, have a cheerful expression, and to smile. The Prophet (Allah bless him and give him peace) said:

``There is a dwelling in paradise whose outside can be seen from inside [A: from its lucidness and purity].'' Abu Malik Ash `ari asked, ``Whose shall it be, O Messenger of Allah?'' And he said, `` He whose speech is fair, who feeds others, and who spends the night standing in prayer when people sleep.''

(al-Durar al-mubaha (y99) 144-45)

r28.0 FRIGHTENING OR COERCING A BELIEVER

r28.1 (Nahlawi:) To make a believer fear other than disobedience or coerce him to do something he is averse to, such as giving a gift, marrying, or selling something-all this is hurting him, and hurting a believer is unlawful. The Prophet (Allah bless him and give him peace) said,

``Whoever frightens a believer, it is incumbent that Allah not protect him from the terrors of Judgement Day as a fitting recompense.''

Najm al-Ghazzi says in Husn al-tanabbuh, ``Among the works of the Devil is frightening, annoying, or alarming a believer, all of which is unlawful'' (y99), 157-58).

r29.0 REJECTING A BROTHER'S EXCUSE

r29.1 The Prophet (Allah bless him and give him) said,

``When someone offers an excuse to his fellow Muslim and the latter does not accept it, his sin is like the crime of imposing taxes [dis: p32].'' (y99) 157)

r30.0 DRIVING AWAY THE POOR, THE WEAK, THE ORPHAN, OR THE BEGGAR

r30.1 Allah Most high says:

1. ``As for the orphan, do not oppress him; and as for the beggar [dis: r39], turn him not away'' (Koran 93:9).
2. ``Do not drive away those who call upon their Lord morning and evening, seeking His countenance: you are not responsible for anything of their account, nor they for anything of yours, that you should drive them away and thus become of the wrongdoers'' (Koran 6:52).
3. ``Lower your wing unto the believers'' (Koran 15:88).

(al-Adhkar (Y102), 481-82)

r31.0 PUTTING OFF ONE'S FATHER OF MOTHER

r31.1 (Nawawi:) It is very sternly prohibited to putt off one's father or mother. Allah Most High says:

``Your Lord decrees that you shall worship none but Him and treat your parents well. If one or both of them reach old age while with you, do not say `Uff' to them or put them off, but speak respectfully to them. Lower for them the wing of humbleness, out of mercy, and say, `O Lord, have mercy on them, as they raised me when I was young' '' (Koran 17.24-25). (y102),509)

r32.0 CIRCUMSTANCES IN WHICH CONVERSATION IS OFFENSIVE

(N: Offensive, when used without further qualification by Hanafis (A: in their books on the lawful and unlawful (al-hazr wa al-ibaha)) means unlawfully offensive (makruh tahriman), and its ruling is the same as the unlawful (A: is in the Shafi`i school).)

INTERRUPTING ONESELF OR OTHERS

r32.1 (Nahlawi:) It is offensive to interrupt someone else's words with one's own when the former consist of teaching Sacred Knowledge. Some scholars hold that to greet a group with ``as Salamu `alaykum'' when they are learning religious knowledge is a sin. It is also offensive to interrupt one's own words with speech of a different kind when reciting Koran, supplicating, explaining the Koran, teaching hadith, or addressing people, and while doing this, for example, one turns to someone and tells him to go buy some things needed at home.

Conversation is offensive for anyone seated listening to a pious exhortation, or instruction, or in the presence of someone above his own level. It is also offensive for such a person merely to turn to look at something else, or to stir when there is no need, all of which is poor manner,s levity, precipitateness, and thoughtlessness. Rather, the one speaking should set for the what he means to say without irrelevant asides until finished, and the person addressed should heed the speaker, paying attention to him and listening until he finishes, without looking around, stirring, or talking; especially if the speaker is explaining the words of Allah Most High or His messenger (Allah bless him and give him peace). But one is excused if a pressing physical or religious need arises that there is no alternative but to fulfill, since necessity excuses one from any rule whatever (A: but only to the degree demanded by necessity).

DISRESPECT TO THOSE WITH AUTHORITY OVER ONE

r32.2 It is offensive to contend against the words of anyone with authority over one (A: countenanced by Sacred Law), or talk back, oppose, rebut, or disobey such a person in anything lawful (A: meaning not unlawful or offensive), the prohibition applying to such people as a follower with his leader, son with his parents, student with his teacher wife with her husband, or unlearned person with a scholar. All of this is very ugly behavior and deserves disciplinary action (def: o17), since each of these is obliged to obey the one over them.

THIS-WORLDLY WORDS IN A MOSQUE

r32.3 It is offensive to speak about this-worldly matters, meaning words that would otherwise be permissible, in a mosque when there is no excuse (A: if one makes a habit of it). (N: the more reliable position is that it is not offensive, but merely better not to (khilaf al-awla)>)

SPEAKING DURING THE SERMON OF THE FRIDAY PRAYER

r32.4 It is offensive to speak during the sermon on Friday, whether it be to say ``Subhan Allah,'' the Blessings on the Prophet (Allah bless him and give him peace), or to command the right or forbid the wrong, the reason for the prohibition being that listening to the Friday prayer sermon is obligatory, as it takes the place of two of the rak`as of the noon prayer, so that things offensive during the prayer are offensive while listening to the sermon. The Prophet (Allah bless him and give him peace), said,

``When the imam is giving the sermon on Friday, and you tell your companion, `Listen,' you have made an impertinent remark.''

SPEAKING WHEN THE KORAN IS BEING RECITED

r32.5 It is offensive to speak when the Koran is being recited, for listening to it and heeding it are absolutely obligatory, whether one is performing the prayer or not, and whether one comprehends it or not (A: but only if its words are distinctly audible to one). Allah Most High says,

``When the Koran is recited, listen and pay heed to it'' (Koran 7:204).

SPEAKING WITHOUT NEED TO A MEMBER OF THE OPPOSITE SEX

r32.6 It is offensive for a male to speak without need to a young woman who is not a member of his unmarriageable kin (def: m6.1). He should not say ``Arhamkum Allah'' (Allah have mercy on you) if she sneezes, greet her with ``as-Salamu `alaykum'' (A: which is unlawful in the Shafi`i school) nor return her Salams if she says them (A: which is offensive for Shafi`is). He should not say these aloud, but to himself, all of which likewise holds for a young woman's speaking to a man who is not a member of her unmarriageable kin (m6.2). The prohibition of these is due to the Prophet's having said (Allah bless him and give him peace),

``The adultery of the tongue is speech.''

SPEAKING WHEN LOVEMAKING OR IN THE LAVATORY

r32.7 It is offensive to speak while lovemaking, or when in the lavatory or relieving oneself.

It is offensive to laugh in circumstances in which speaking is offensive.

SPEAKING AFTER THE COMING OF DAWN BEFORE PERFORMING THE DAWN PRAYER

r32.8 It is offensive to speak of this-worldly things between dawn and performing the dawn prayer (subh). Some hold this extends until sunrise (al-Durar al-mubaha (y99), 145-49).

CONVERSATION AFTER PERFORMING THE NIGHTFALL PRAYER (`ISHA)

r32.9 (Nawawi:) It is offensive for someone who has prayed the nightfall prayer (`isha) to converse about things permitted at other time,s meaning permissible words which would otherwise be the same to say or not to. Discourse that is unlawful or offensive at other times is even more sternly prohibited or offensive at this time. As for conversation about what is good, such as teaching Sacred Knowledge, relating the words of the pious, describing noble qualities, or speaking to one's guest, none of these is offensive, but rather they are commendable (al-Adhkar (y102), 504).

r33.0 PEOPLE OFFENSIVE TO GREET WITH SALAMS

r33.1 (Nahlawi:) It is offensive (def: r32.0) to greet with ``as-Salamu `alaykum'' anyone who is:

1. performing the prayer, reciting the Koran invoking Allah (dhikr), reading hadith to others, giving the Friday prayer sermon (khutba), or listening to any of these;
2. a student of jurisprudence repeating a lesson over to himself to facilitate memorizing it, someone informing ordinary people of legal rulings, or anyone engaged in a lesson of Sacred Knowledge;
3. giving the call to prayer or call to commence (iqama);
4. teaching;
5. seated waiting for the prayer, or saying ``Subhan Allah'';
6. eating;
7. a corrupt person who does not conceal his acts of disobedience;
8. a young lady who is not a member of one's unmarriageable kin (dis: r32.6);
9. someone who plays games that are not permissible (dis: k29.5), slanders others, sings, is an old wag, a chronic liar, addicted to profitless conversation, reviles others, or looks at women's faces, all of whom are offensive to greet unless their repentance from these things is known;
10. someone who is enjoying his wife, whose nakedness is exposed, who is relieving himself, drowsy, asleep, or someone who is in a bathhouse.

RESPONDING TO SALAMS

r33.2 It is not obligatory to respond to someone's Salams in circumstances where greeting him is uncalled-for, except for a corrupt person ((7) above), whose Salams it is obligatory to return. It is not obligatory to answer the Salams of someone who is a child, intoxicated, or insane. Nawawi (Allah Most High have mercy on him) says in his commentary on Sahih Muslim, ``Scholars disagree about greeting non-Muslims with as-Salamu `alaykum' or returning their Salams. We hold that it is unlawful to say it to the first, though is obligatory to return their greetings by saying `alaykum' (and upon you), or simply, ``Alaykum.' Other scholars hold it is permissible to greet them first with `as-Salamu `alaykum' '' (al- Durar al-mubaha (y99), 150151).

r34.0 BOASTING

r34.1 Allah Most High says,

``Do not praise yourselves: He knows best who is godfearing'' (Koran 53:32)

r34.2 The Prophet (Allah bless him and give him peace) said,

``Allah has inspired to met that you are all to be humble towards each other such that no one transgresses against or exalts himself above another.;;

(al-Adhkar (y102), 473-74)

r35.0 REVEALING ONE'S SINS TO OTHERS

r35.1 The Prophet (Allah bless him and give him peace) said:

``All of my Community shall be pardoned, save those who commit sins openly. Committing them openly includes a man who does something shameful at night, and when morning comes, Allah having hidden his act, he says, ``O So-and-so, last night I did such and such'; his Lord having concealed it for him at night, while in the morning he pulls away the cover with which Allah had concealed it for him.''

r35.2 (Nawawi:) It is offensive for a person who has been afflicted with an act of disobedience or the like to inform another of it. Rather, one should repent to Allah Most High by desisting from it at once, regretting what one has done, and firmly resolving never to do the like of it again. These three things are the integrals of repentance, which is not valid without them. There is no harm in telling about a sin to one's sheikh or other person who may be expected to teach one how to desist from the act or refrain from similar acts, or appraise one of the causes that led to it, or pray for one, and so forth. If such is the case, informing him is commendable. It is only offensive to do so when no such interest can be served (y102, 498).

r36.0 REVEALING A SECRET

r36.1 The Prophet (Allah bless him and give him peace) said,

``When a man says something, then glances left or right, his words are a confidence to be kept.''

(y102 507)

r36.2 (Nahlawi:) Telling a secret means to inform others of a remark, action, or state which one learns of from someone who wants it to remain hidden, whether it be good or bad. This is hurting him, and hurting others is unlawful.

whenever people meet, it is obligatory to keep secret any act that occurs, any words spoke, or any state attributable to someone, when these concern something one would normally wish to remain confidential, while not being unlawful. If unlawful, then:

1. If it is against Allah Most High alone and does not involve legal measures such as prescribed legal penalties or disciplinary action (def: o17), then it must be kept secret.
2. If it involves legal measures, as do fornication (dis: o12) and drinking (o16), then one has a choice between revealing it or not, though it is superior to conceal it.
3. if it involves another person's rights, then if concealing it entails harm to anyone, or if it concerns prescribed legal measures such as retaliation for an injury or death (def: o3), or covering the cost of an article destroyed through negligence, then if the person whose rights have been infringed is ignorant of it, one is obliged to make the matter known, and must testify to it if asked to.
4. If it involves another's rights, but concealing it does not entail harm to anyone and it does not concern prescribed legal measures, or it entails one of these two, but the person concerned already knows of it through another and one has not been asked to testify about it, then one is obliged to conceal the matter.

(al-Durar al-mubaha (Y99), 134)

r37.0 DISAFFECTING A PERSON'S FAMILY FROM HIM

r37.1 (Nawawi:) It is unlawful for a person to mention anything to another's servant, wife, son, and so forth that could disaffect them from him, unless one is commanding the right or forbidding the wrong. The Prophet (Allah bless him and give him peace) said,

``He who disaffects a person's wife or servant from him is not of us.''

(al-Adhkar (Y102), 498)

r38.0 CURSING

THE PROHIBITION OF CURSING OTHERS

r38.1 (Nawawi:) Cursing an upright Muslim is unlawful by unanimous consensus of all Muslims. The Prophet (Allah bless him and give him peace) said,

``Cursing a believer is like killing him.''

THE PERMISSIBILITY OF CURSING THOSE WHO COMMIT DISOBEDIENCE WHEN THEY ARE NOT PERSONALLY IDENTIFIED OR KNOWN

r38.2 It is permissible (A: but not rewarded by Allah) to curse those who possess blameworthy characteristics, such as by saying, ``Allah curse oppressors,'' ``Allah curse the corrupt,'' ``Allah curse picture makers,'' and so forth. Well-known and rigorously authenticated (sahih) hadiths verify that the Prophet (Allah bless him and give him peace) said:

1. ``Allah curse her who wears false hair and her who arranges it for another'';
2. ``Allah curse him who eats usurious gain (riba)'';
3. ``Allah curse those who make pictures'';
4. ``Allah curse him who surreptitiously changes property-line markers'';

all of these being found in Bukhari, Muslim, or both.

As for cursing a particular person who commits some act of disobedience, such as an oppressor, adulterer, maker of pictures, thief, or one who consumes usurious gain; the hadith evidence seems to suggest it is not unlawful, though Ghazali indicates (A: and it is the most reliable opinion) that it is unlawful unless the person cursed is someone we know has died in a state of unbelief, such as Abu Lahab, Abu Jahl, Pharaoh, Haman, and their likes. This, as Ghazali notes, is ``because to curse means to distance another from the mercy of Allah Most High, while we do not know how the particular corrupt person or non-Muslim will end his life. As for those the Prophet (Allah bless him and give him peace) personally cursed, perhaps it was because he knew they would die in unbelief. Praying that evil befalls a person is similar to cursing, even when against a tyrant, such as saying, `May Allah not heal him,' `May Allah not keep him safe,' and similar remarks, if of a Muslim]. And likewise for cursing any animals or inanimate objects whatever-all this is objection-able [A: meaning offensive]'' (al-Adhkar (Y102), 476- 80).

r39.0 BEGGING

r39.1 (Nahlawi:) It is unlawful to ask for money or other worldly advantage from someone one has no right to ask, unless there is a necessity to. The Prophet (Allah bless him and give him peace) said,

``One of you keeps begin until when he meets Allah Most High, there is not a piece of flesh left on his face,''

which is interpreted as referring to anyone who asks when it is not permissible to do so. The degree of necessity that permits begging is when one is unable to earn a living due to illness or weakness and does not have enough food to last one day (al-Durar al-mubaha (y99), 139).

r40.0 MUSIC, SONG, AND DANCE

MUSICAL INSTRUMENTS

r40.1 (Ibn Hajar Haytami:) As for the condemnation of musical instruments, flutes, strings, and the like by the Truthful and Trustworthy (Allah bless him and give him peace), who

``does not speak from personal caprice: it is nothing besides a revelation inspired'' (Koran 53:3-4),

let those who refuse to obey him beware lest calamity strike them, or a painful torment. The Prophet (Allah bless him and give him peace) said:

1. ``Allah Mighty and Majestic sent me as a guidance and mercy to believers and commanded me to do away with musical instruments, flutes, strings, crucifixes, and the affair of the pre-Islamic period of ignorance.''
2. ``On the Day of Resurrection, Allah will pour molten lead into the ears of whoever sits listening to a songstress.''
3. "Song makes hypocrisy grow in the heart as water does herbage
4. ``This Community will experience the swallowing up of some people by the earth, metamorphosis of some into animals, and being rained upon with stones.'' Someone asked, ``When will this be, O messenger of Allah?'' and he said, ``When songstresses and musical instruments appear and wine is held to be lawful.''
5. ``There will be peoples of my Community who will hold fornication, silk, wine, and musical instruments to be lawful....''

All of this is explicit and compelling textual evidence that musical instruments of all types are unlawful (Kaff al-ra`a' `an muharramat al-lahw wa al-sama` (y49), 2.269-70).

r40.2 (Nawawi:) It is unlawful to use musical instruments-such as those which drinkers are known for, like the mandolin, lute, cymbals and flute-or to listen to them. It is permissible to play the tambourine at weddings, circumcisions, and other times, even if it has bells on its sides. Beating the kuba, a long drum with a narrow middle, is unlawful (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al-Minhaj (y73), 4.429- 30).

SINGING UNACCOMPANIED BY MUSICAL INSTRUMENTS

r40.3 (Ibn Hajar Haytami:) As for listening to singing that is not accompanied by instruments, one should know that singing or listening to singing is offensive except under the circumstances to be mentioned in what follow. Some scholars hold that singing is sunna at weddings and the like, and of our Imams, Ghazali and `Izzi ibn `Abd al-Salam say that it is sunna if it moves one to a noble state of mind that makes one remember the hereafter. It is clear from this that all poetry which encourages good deeds, wisdom, noble qualities, abstinence from this-worldly things, or similar pious traits such as urging one to obey Allah, follow the sunna, or shun disobedience, is sunna to write, sing, or listen to, as more than one of our Imams have stated is obvious, since using a means to do good is itself doing good (kaff al-ra`a` ` an muhar-ramat al-lahw wa al-sama` (y49), 2.273).

DANCING

r40.4 (Nawawi: (n: with commentary by Muhammad Shirbini Khatib)) It is not prohibited to dance ((Shirbini:) which is not unlawful because it is only motions made while standing or bowing. Furani and others have expressly stated that neither is it offensive, but rather is permissible, as is attested to by the hadith related in the sahihs of Bukhhari and Muslim that the Prophet (Allah bless him and give him peace) stood before `Ai'isha (Allah be well pleased with her) to screen her from view so that she could observe the Abyssinians sporting and dancing)-unless it is languid, like the movements of the effeminate (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al Minhaj (y73), 4.430).

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