Previous speech of the martyr, by the permission of Allah, Gappaev Abdullah Muhammad Rasool at the funeral of one of the brothers who was also killed at the hands of the enemies of Allah,
A Martyr has been elevated to his Lord - we record him as such and we do not commend anyone to Allah - on the evening of Sunday 09/15/2013 in the city of Kizlyar in the Republic of Dagestan: member of Hizb ut Tahrir,
Hizb ut Tahrir in Russia reported that on 15 September 2013 in Kizlyar, Republic of Dagestan at about 11 pm; Gapalov Abdulla, our brother and activist of Hizb ut Tahrir party, was shot by cowardly traitors.
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatahu. Jazakum Allah Khair al-Jaza‘, may Allah support you with His victory and may He bless your eyes with the establishment of the Khilafah "Caliphate" at your hands. My question, honorable Sheikh, I have already posed to the Shabab and they answered me, that this Hadith is contained in the prominent books of Fiqh and this is sufficient. We know that we have to be accurate in researching the strongest evidence (daleel) in our thinking and in what we have adopted from the rulings on Hadith, as present in The Islamic Personality Volume 3 (Ash-Shakhsiya al-Islamiyah 3) on page 294 (Arabic version) on the praise of the Sahabah: «أصحابي كالنجوم بأيهم اقتديتم اهتديتم» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided," extracted by Rizin. While researching in the Hadith collection "Mausu'at ad-Durar as-Sunnia", it appeared that the aforementioned Hadith is fabricated. So who is Rizain? Does a Musnad (a work of Hadith collection) of Basim Rizain exist? Your Brother Abu Ahmad.
Answer:
Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu.
This Hadith is contained in some of the Hadith works, such as:
1. "Al Ibana al-Kubra" from Ibn Batta, whose full name is Abu Abdullah ‘Ubaidallah Bin Muhammad Bin Muhammad Bin Hamdan al-‘Ukbari, better known as Ibn Batta al-‘Ukbari (died in 387 AH), and this is the text:
وَحَدَّثَنِي أَبُو يُوسُفَ يَعْقُوبُ بْنُ يُوسُفَ قَالَ: حَدَّثَنَا أَبُو يَحْيَى زَكَرِيَّا بْنُ يَحْيَى السَّاجِيُّ قَالَ: حَدَّثَنَا مُوسَى بْنُ إِسْحَاقَ الْأَنْوَارِيُّ، قَالَ: حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ، قَالَ: حَدَّثَنَا أَبُو شِهَابٍ، عَنْ حَمْزَةَ بْنِ أَبِي حَمْزَةَ، عَنْ عَمْرِو بْنِ دِينَارٍ، عَنِ ابْنِ عَبَّاسٍ، قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: إِنَّمَا أَصْحَابِي كَالنُّجُومِ، فَبِأَيِّهِمُ اقْتَدَيْتُمُ اهْتَدَيْتُمْ
I was told by Abu Yusuf Ya'qub Bin Yusuf who said: We were told by Yahya Zakariya Bin Yahya al-Sajiy who said: We were told by Musa Bin Ishaq al-Anwariy who said: We were told by Ahmad Bin Yunus who said: We were told by Abu Shihab from Hamza Bin Abi Hamza from ‘Amru Bin Dinar from Ibn Abbas who narrated that the Prophet (saw) said:
"Verily, my companions are like stars, whichever of them you use as a guide, you will be rightly guided."
2. "Jami' Bayan al-‘Ilm wa Fadlihi" from Abu ‘Umar Yusuf Bin Abdullah Bin Muhammad Bin Muhammad Bin Abdul-Birr Bin ‘Assem an-Nimri al-Qurtubi (died in 463 AH) and this is his text:
حَدَّثَنَا أَحْمَدُ بْنُ عُمَرَ قَالَ: نا عَبْدُ بْنُ أَحْمَدَ، ثنا عَلِيُّ بْنُ عُمَرَ، ثنا الْقَاضِي أَحْمَدُ بْنُ كَامِلٍ، ثنا عَبْدُ اللَّهِ بْنُ رَوْحٍ، ثنا سَلَّامُ بْنُ سُلَيْمٍ، ثنا الْحَارِثُ بْنُ غُصَيْنٍ، عَنِ الْأَعْمَشِ، عَنْ أَبِي سُفْيَانَ، عَنْ جَابِرٍ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمُ اقْتَدَيْتُمُ اهْتَدَيْتُمْ
We were told by Ahmad Bin ‘Umar who said: I was told by ‘Abdu Bin Ahmad and Ali Bin ‘Umar and al-Qadi Ahmad Bin Kamil and Abdulla Bin Rauh and Salam Bin Sulaim and al-Harith Bin Ghusain from Al-A'mash from Abu Sufyan from Jabir who narrated that the Prophet (saw) said: "My companions are like stars, whichever of them you use as a guide, you will be rightly guided"
And Abu ‘Umar said: "This is a chain of transmission (Isnad) that cannot be used as a juridical evidence (hujja), because Ibn Ghussain is unknown."
None of the two Ahadith is free from criticism, as such some of the Scholars of Hadith have categorized them as weak (Da'if). Nevertheless we count this Hadith to be Hasan, because it is found in the books of the Fuqaha and they used it to derive rulings. As we have defined the Hasan Hadith in the book, The Islamic Personality Volume 3 (Ash-Shakhsiya al-Islamiya 3):
"The Hasan Hadith is of two types:
1. The Hadith whose transmitters are not free from weakness and whose eligibility is not verified, although the transmitter is not overtaken by many errors in what he transmits, nor is he accused of lying in the Hadith.
2. The Hadith whose transmitter is from those renowned for their truth and honesty, but he did not reach the class of Sahih, because the Hadith is short in such transmitters. Nevertheless the Hasan Hadith can be used as juridical evidence (Hujja) just as the Sahih Hadith. What is found from Ahadith in the books of the Imams and their Students and others from the Scholars and Fuqaha is considered to be from the Hadith Hasan and can be used as juridical evidence (Hujja). This is because they have used it as evidence for judgment, or they have derived from it a judgment, therefore it is a Hasan Hadith, whether contained in the books of Usul al-Fiqh or Fiqh. On the condition that it is an acknowledged book such as al-Mabsut, al-Umm, al-Mudawina al-Kubra and the likes..." End of citation.
This Hadith is recorded in various books of the Fuqaha, such as:
Author: Muhammad Bin Ahmad Bin Abi Sahl Shams al-Ummah As-Sarkhasi (died in 483 AH)
On the topic of Judging the following comes in the book:
"..He should judge by what is in the Book of Allah, if he is given something he does not find in it, he judges it by what came from the Messenger of Allah (saw). If he does not find it there, he will look what came from the companions (ra) of the Messenger of Allah (saw) and will pass his judgment. We have explained this in what preceded, that if he finds a saying from one of the well-known Sahaba (ra) he will judge with it and will prefer it to the Qiyas, due to his saying (saw): «أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمْ اقْتَدَيْتُمْ اهْتَدَيْتُمْ» "My companions are like stars, whichever of them you use as a guide, you will be rightly guide." Because what he is informed of by a Sahabi (ra) was potentially heard since they heard from the Messenger of Allah (saw), then they would pass judgments when they came across something else..."
2. Hashiyat at-Tahtawi ‘ala Maraqi al-Falah Sharh Nur al-Idah
Author: Ahmad Bin Muhammad Bin Ismail at-Tahtawi al-Hanafi (died in 1231 AH)
Concerning the Sunnah the following is found in the book:
"...The Sunnah according to the Hanafiya is what he (saw) did and in what he advanced, or his companions after him. He said in al-Siraj ‘what the Prophet (saw) or one of his companions did, because he (saw) ordered to follow the Sunnah of his companions in his saying (as): "Adhere to my Sunnah and the Sunnah of the rightly guided Khulafa' after me" and his (saw) saying: «أصحابي كالنجوم بأيهم اقتديتم اهتديتم» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided."
3. Al-Bayan wal-Tahsil wal-Sharh wal-Tawjih wal-Ta'lil limasa'il al-Mustakhraja
Author: Abu al-Walid Muhammad Bin Ahmad Bin Rushd al-Qurtubi (died in 520 AH)
On the matter of two groups of believers fighting each other it says the following:
"...because Allah ta'ala has commended them in His Book and through the tongue of His Messenger. The Dearest of Speakers has said: [كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ] "You are the best nation produced [as an example] for mankind." [Ali Imran: 110]. And He said: وَكَذَلِكَ جَعَلْنَاكُم] [أُمَّةً وَسَطًا "And thus we have made you a just community." [al-Baqara:143] meaning a just option. He said: [مُحَمَّدٌ رَسُولُ اللَّهِ وَالَّذِينَ مَعَهُ] "Muhammad is the Messenger of Allah; and those with him." [Al-Fath: 29]...the Ayah. The Messenger of Allah (saw) said:«أصحابي كالنجوم بأيهم اقتديتم اهتديتم» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided." And he said: «عشرة من قريش في الجنة» "Ten from Quraish are in Jannah." Then he counted among them Ali, Talha and Az-Zubair. The Imams of Ahl al-Sunna wal-Haqq say that Ali (ra) and who followed him were on the way of righteousness and truth, and that Talha and az-Zubair were at fault, although they saw it through their Ijtihad so it was their obligation to act as they did, since both of them were from the people of Ijtihad,..."
4. Al-Dhakhira
Author: Abu Al-Abbas Shehab Al-Deen Ahmad Bin Idris Bin Abd Al-Rahman Al-Maliki, better known as Al-Qurafi (died in 684 AH)
He writes in his research on Usul al-Fiqh of Imam Malik:
"...because the methodology of Malik is to proceed in action based on the solitary Hadith, also the Qiyas based on the solitary Hadith, as done by al-Abhariy. If he did not find a Sunnah, then a saying of the Sahaba (ra) was taken. In case they differed in their sayings, the saying that was accompanied by an action was chosen, in case it did not contradict all of them. He was told to perform Ijtihad even if he contradicted all of them, with the primary argument of his saying (saw): «أصحابي كالنجوم بأيهم اقتديتم اهتديتم» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided." If this is lost, then base it on the Usul after seeking advice from the Scholars."
5. Al-Hawy al-Kabir fi Fiqh Madhab Al-Imam Al-Shafi'i (Sharh Mukhtasar Al-Mazni)
Author: Abu al-Hasan Ali Bin Muhammad Bin Muhammad Habib al-Basri al-Baghdadi, better known as al-Mawardi (died in 450 AH)
He writes the following in his research on the Sahaba:
"Section: The Fourth Category
The fourth category is the Sahabah. Their imitation differs according to their differing circumstances from what they said. They had four situations:
The third situation: One of them utters a saying which is not known to be spread nor does its contradiction arise among them, therefore it does not reach a consensus. Is this juridical evidence that has to be followed or not? According to two sayings:
The first: It was said in the old times, and it is the Madhab of Malik and Abu Haneefah that it amounts to juridical evidence that has to be followed due to his saying (as):«أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمُ اقْتَدَيْتُمُ اهْتَدَيْتُمْ» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided." Also because some of the Sahabah used to take a saying without demanding evidence. This points out that a saying of one of them is juridical evidence."
6. Kishaf al-Qina' ‘an Matn Al-Iqna'
Author: Mansur Bin Yunus Bin Salah al-Din Ibn Hasan Bin Idris al-Buhuti al-Hanbali (died in 1051 AH)
It is mentioned in the chapter on the penalty for hunting:
("...It is) i.e. : hunting (of two types) (one of them has a congener), namely : a similarity (in the grace of creation there is no value so there has to be in it a similarity) stipulated in the verse (and he), namely: the one that has a congener (of two types, one which was ruled upon by the companions) i.e.: some but not all of them (it contains what they ruled by) the Sahabah, and provide the definition of the Sahabi in the sermon, according to his saying (saw):«أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمُ اقْتَدَيْتُمُ اهْتَدَيْتُمْ» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided.", and his saying (saw)«عَلَيْكُمْ بِسُنَّتِي وَسُنَّةِ الْخُلَفَاءِ الرَّاشِدِينَ الْمَهْدِيِّينَ عَضُّوا عَلَيْهَا بِالنَّوَاجِذِ» "Adhere to my Sunnah and the Sunnah of the Khulafa' ar-Rashideen al Mahdieen and bite onto it firmly." Narrated by Ahmad and Tirmidhi and classed as Sahih. Because they are closer to the truth and know the circumstances, therefore their saying was juridical evidence over others, such as the Scholar or the unlearned. (In the cattle there is a body?) as ruled by ‘Umar, ‘Uthman, Ali and Zayd and more Scholars; because it is similar to the camel in its creation, therefore it was similar to it. It enters the general aspect of the text. Al-Kharqiy has categorized it with birds, because it has two wings."
7. Al-Maghni Li'Ibn Qudama
Author: Abu Muhammad Muwaffaq al-Deen Abdullah Bin Ahmad Bin Muhammad Bin Qudama Al-Jama'ili Al-Muqaddisi Al-Dimashqi Al-Hanbali, better known as Baban Qudama al-Maqdisi (died in 620 AH)
It is mentioned in the chapter "the sixth section on the punishment for the hunting of a beast and its congener from the cattle":
"...Malik said: The Hukm for it is resumed, because Allah (swt) said [يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ] "as judged by two just men among you" [Al-Ma'ida:95], and we have the saying of the Prophet (saw): «أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمُ اقْتَدَيْتُمُ اهْتَدَيْتُمْ» "My companions are like stars, whichever of them you use as a guide, you will be rightly guided." He also said: «اقْتَدُوا بِاَللَّذَيْنِ مِنْ بَعْدِي: أَبِي بَكْرٍ، وَعُمَرَ»"Be guided by the ones after me, Abu Bakr and ‘Umar." Because they are closer to righteousness and better in knowledge. Their judgment was juridical evidence over others, as the Scholar over the unlearned, from what has reached us from their judgments. The hyena for a male sheep, as ruled by ‘Umar, Ali, Jabir and Ib Abbas.
As you see, the Hadith is used in the books of the acknowledged Fuqaha from the Hanafiyah, Malikiyah, Shafi'iyah and Hanbaliyah. Therefore it is categorized as Hasan.
Concerning the mentioning of "Rizain", we will review his topic after exerting ourselves in research on him, in sha Allah.
Your Brother Ata' Bin Khalil Abu al-Rashtah
The link to the answer from the Ameer's Facebook Page:
On Monday 9 September 2013, I gave an interview to Mr Roman Bochkala (Bocskai), a reporter from Inter (IHTEP), the Ukranian TV channel, in which he asked several questions about the Hizb's program and methodology. Today, it was brought to my attention that the news article published by http://novoross.info in which Mr Bochkala claimed that I had said: Ideologist of "Hizb-ut-Tahrir al-Islami" in Beirut confirmed the participation of followers organizations in fighting in Syria, with the opposition....
Hizb ut Tahrir/ Wilayah Yemen organized a stand in Khawlan in Sana'a, which the sons of this Ummah called top resume the Islamic way of life by working with Hizb ut Tahrir to establish the Khilafah "Caliphate".
Ramadan 1434 AH corresponding to August 2013 CE
Question:
Assalamu alaykum wa rahmatullahi wa barakatuhu,
We know that it's not permissible to buy gold for silver or any other different types except hand to hand, and it's not permissible to buy it with debt. Moreover, we buy some times salt or bread with debt, so is this forbidden or what? Please clarify and may Allah bless you.
Your brother Abu Ali from Palestine
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu
1. Prophet Muhammad (saw) says:
الذهب بالذهب، والفضة بالفضة، والبُر بالبُر، والشعير بالشعير، والتمر بالتمر، والملح بالملح مثلاً بمثل سواءً بسواء يداً بيد. فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيد
"Gold for gold, and silver for silver, and wheat for wheat, and barley for barley, and dates for dates, and salt for salt, equal for equal, equal in weight, and hand to hand (on the spot), If these types differed then sell as you desire as long as it is hand to hand (on the spot)." Narrated by Ubada Ibn us-Samit (ra) on the authority of Bukhari and Muslim.
The text of the Hadith is clear when there is a difference in these usurious types, that selling is however you want, which means that buying some thing for its similarity is not a condition but selling hand to hand is a condition. The word "types" was mentioned general for all the usurious types, all of the six, and nothing is excluded except with another text. Because there is no other text, the ruling is the permissibility of buying wheat for barley, or wheat for gold, or barley for silver, or dates for salt, or dates for gold, or salt for silver, etc... Even if the exchange values and the prices differ, it should be hand to hand and not debt. What applies to gold and silver applies also to banknotes because of the common (cash) reason, which means using it for cost and wages.
2. An exception from (hand to hand selling of the usurious types) was mentioned in case of giving security when buying the four types "wheat, barley, salt, and dates" in cash.
وذلك لحديث مسلم عَنْ عَائِشَةَ رضي الله عنها، أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «اشْتَرَى مِنْ يَهُودِيٍّ طَعَامًا إِلَى أَجَلٍ، وَرَهَنَهُ دِرْعًا لَهُ مِنْ حَدِيدٍ
On the authority of Muslim, narrated by A'isha (ra) that: "The Prophet (saw) bought some foodstuff from a Jew on credit and gave his iron armor to him as a security."
This Hadith means that the messenger (saw) bought food in debt but with giving security. Their food, at that time, was from the usurious types, as in the Hadith:
«الطعام بالطعام مثلاً بمثل وكان طعامنا يومئذٍ الشعير»
"Foodstuff for foodstuff equal for equal, and our food on that day was barley." Narrated by Mu'amar Ibn Abdullah on the authority of Ahmad and Muslim.
For that it is permissible that the four usurious types are bought by debt, if some thing is given as a security to the seller until the buyer gets its price.
3. If the borrower and debtor trust each other, then there is no need for anything to be kept as a security. The evidence for that is the saying of Allah (swt):
وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُ
"And if you are on a journey and cannot find a scribe, then a security deposit [should be] taken. And if one of you entrusts another, then let him who is entrusted discharge his trust [faithfully] and let him fear Allah, his Lord. And do not conceal testimony, for whoever conceals it - his heart is indeed sinful, and Allah is Knowing of what you do."[Al-Baqara: 283]
This noble Ayah shows that security in debt while traveling is gotten rid of, if the borrower and the debtor trust each other. This is applicable to the security when buying by debt one of the four usurious types "wheat, barley, salt, and dates", as Allah (swt) said:
فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ
"And if one of you entrusts another, then let him who is entrusted discharge his trust [faithfully]." [Al-Baqara: 283]
And it is clear that security in this case can be removed.
4. Then it's permissible to buy the four usurious types, "البر والشعير والتمر والملح" "wheat, barley, salt, and dates", cash by debt with security until the debt is paid, or without security if they trust each other. Because this needs proof and authentication, and the borrower and debtor should know each other well and trust each other; and this is not attained always, so for the Muslim not to approach Haram, it is better for him not to buy these usurious types by debt unless he is sure and certain that they trust each other. If each of the seller and the buyer is satisfied with that, then buying these types by debt is permissible, which means that salt that you have asked for buying it by debt is permissible, if the noble Ayah is achieved:
فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا
"And if one of you entrusts another." [Al-Baqara: 283]
5. For the knowledge, it was mentioned in the explanation of Sahih al-Bukhari for Ibn Battal in the chapter of buying food for a predetermined time "scholars agree that it's permissible to buy food with known price to a predetermined time."
Also, it was mentioned in the book of Fiqh for the four schools written by al-Jaziri about buying the usurious types: "if one of the exchanged is cash and the other is food, it is fine to postpone it."
It was mentioned in "al-Mughni" written by Ibn al-Qayyem, while he is talking about the prohibition of selling the four types with each other by debt... He said: "in contrary to selling for dirhams or any other weighted type for a later time, then it has to be done like that."
Your brother Ata' bin Khalil Abu al-Rashtah
The link to the answer from the Ameer's Facebook Page:
Bi'idhnillah, a martyr had been elevated at the age of 45, named Manga Aliyevo Banji Nizumino. We record him as such as we do not commend anyone to Allah. He was martyred in one of the prisons of the criminal tyrant of Tajikistan.
