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Examples of legal concessions
Under category :
Legal Concessions
3935
2007/11/29
2024/12/18
examples of legal concessions:
abu sa’eed al-khudri, may allaah be pleased with him, said: “we traveled with the messenger of allaah, peace and blessings be upon him, to makkah – meaning at the conquest of makkah – and we were fasting. we stopped to camp and the messenger of allaah, peace and blessings be upon him, said: “you are approaching your enemy and breaking the fast will make you stronger.” this was a concession, and some of us continued to fast and some of us broke our fast. then we stopped to camp again, and he said, “you are going to meet your enemy in the morning, and breaking the fast will make you stronger, so break your fast.”[1]
it was narrated that anas, allah be pleased with him, said: “the messenger of allaah- peace and blessings be upon him- was on a journey and some people were fasting and some were not. those who were not fasting worked hard, but those who were fasting were too weak to do some kinds of work. he said concerning that, ‘those who are not fasting have gotten the reward today.’”[2]
it was narrated that hamzah ibn ‘amr al‑aslami, may allaah be pleased with him, said, “o messenger of allaah! i find myself strong enough to fast while travelling, so is there any sin upon me (if i fast)?” allaah’s messenger, peace and blessings be upon him, said, “it is a permission given by allaah and whoever acts upon it has done well. and whoever desires to fast would not be guilty of sin.”[3]
‘abd-allaah ibn ‘amr ibn al-‘aas, may allaah be pleased with them, narrated that the messenger of allaah, peace and blessings be upon him, said to him, “o ‘abdullaah, have i not heard that you fast all day and pray all night?” i said, yes, o messenger of allaah. he said, “do not do that. fast and break your fast, pray qiyaam (voluntary night prayer) and sleep, for your body has a right over you, your eyes have a right over you, your wife has a right over you and your visitors have a right over you. it is sufficient for you to fast three days of every month. for every good deed (hasanah) you will be rewarded tenfold, so that will be like fasting for an entire lifetime.” ‘abdullaah added: “but i went to extremes and made things hard for myself. i said, o messenger of allaah, i can do more than that. he said, “then observe the fast of the prophet of allaah, dawood (david), peace be upon him, and no more.” i said: what is the fast of the prophet of allaah, dawood, peace be upon him? he said, “half a lifetime.” after he grew old, ‘abd-allaah used to say, i wish that i had taken the easier option which the prophet, peace and blessings be upon him, offered me.”[4]
it narrated that jaabir, may allaah be pleased with him, said: “we were travelling and a man among us was injured by a stone and his head was wounded then he had a wet dream and asked his companions if he could have permission to perform tayammum (dry ablution). they told him that he could not be excused as he had water. thus, the man performed ghusl (ritual bath) and he died. when we returned to the prophet, peace and blessings be upon him, and told him he said: ‘they killed him. may allaah kill them! why did they not ask when they did not know, as the remedy of ignorance is asking. it was sufficient for him to perform tayammum and wrap a piece of cloth over the wound then wipe over it and wash the rest of his body.’”[5][6]
the mushrikeen (polytheists- non-muslims) had captured ‘ammaar and they tortured him until he said the word of disbelief and did some of what they asked him to do. he made a complaint to the prophet, peace and blessings be upon him, about this saying: “they did not leave me alone until i insulted you and spoke well about their gods”[7], then burst into tears. he, peace and blessings be upon him, began to wipe his tears[8] and said to him: “how do you find your heart?” ‘ammaar replied: “it is in a state filled with emaan (sound faith)”. upon this, he, peace and blessings be upon him, said: “if they do it to you again, do as you did before.”[9]
regarding him, allaah the almighty says:
{whoever disbelieves in allaah after his belief except for one who is forced [to renounce his religion] while his heart is secure in faith. but those who [willingly] open their breasts to disbelief, upon them is wrath from al-lah , and for them is a great punishment.}[10]
[1] it is saheeh (authentic) hadeeth reported by muslim, chapter of the reward of the one who broke his fast if he assumed work, 1888.
[2]it is saheeh (authentic) hadeeth reported by muslim, chapter of the reward of the one who broke his fast if he assumed work, 1887.
[3]it is saheeh (authentic) hadeeth reported by muslim, chapter of having choice of fasting or not during travelling, 1891.
[4]it is saheeh (authentic) hadeeth reported by al-bukhaari, chapter of right of body in fasting no. 1888.
[5] it is hasan (good) hadeeth reported by abu daawood 284, and al-albaani deemed it hasan (good) in saheeh wa da‘eef sunnan abu daawood.
[6]
[7]reported by al-bayhaqi 8/209.
[8] reported by ‘abdullah ibn humaid from the way of ibn sireen and its narrators are trustworthy; fat-h al-baari by ibn hajar (19-398).
[9]al-haakim no, 3319.
[10]an-nahl: 106.
