Ruling on Eating Bread with Trace Amounts of Alcohol in the Maliki School
Shaykh Rami Nsourvia www.themadinanway.com
Question
As-salāmu ʿalaykum. I just discovered that normal bread, which is leavened, contains alcohol as a by-product. Does this then mean that, according to the Mālikīs, all leavened breads are ḥarām to consume? Also, allegedly unleavened bread also contains trace amounts of alcohol. Would these trace amounts be ignored or are they significant?
Answer
Eating leavened bread would be permissible according to the Mālikī school. As for the concern about the content of alcohol, there may be trace amounts produced during the process of the dough rising, but trace amounts of alcohol do not make something impure. There are trace amounts of alcohol in ripe fruit even while it is still on the tree, yet there is no doubt about the permissibility of eating fruit.
It is important in this discussion to take into consideration the Mālikī definition of intoxicants (muskir) when discussing what it impure (najas). Liquid intoxicants are liquid, impair the intellect but not the body, and cause energy and happiness [Dardir, Sharh al Kabir]. If one of these conditions are not present, such as something being solid, then it would not be considered impure.
Leavened bread does not fall under the definition of what a intoxicant would be because it is solid and one cannot be intoxicated by eating it. As for the trace amounts of alcohol, we are not taken to account to look for them nor do we have to avoid them. There are trace amounts of alcohol in many other permissible foods, such as certain yoghurts. If the amount becomes noticeable by one being able to become intoxicated if they were to consume it, then it would be impure. An example of this would be certain fermented milk that can intoxicate a person.
Two blessings: a blessing [niʿma] is a 'goodly state'; it is sometimes defined as 'a benefit conferred upon another out of kindness.'
The word cheating may be vocalised as ghabn and ghaban. According to al-Jawharī, the former refers to cheating in sales, and the latter to cheating in respect of opinions. On this basis both may be appopriate to this hadith, since the individual who fails to use these two blessings appopriately is cheated, both in that he has sold them at a ridiculously low price, and in that his opinion is not esteemed in consequence. According to Ibn Baṭṭāl, the meaning of the hadith is that a person cannot be leisured until he is financially secure and sound of body; hence whoever experiences this should be careful not to be 'cheated' by abandoning the thanks due to Allāh for His blessings, one aspects of such thanks taking the form of obeying His commands and prohibitions. Whoever is lackadaisical in this is 'cheated'.
Many people: an indication that only a few are granted success in this. Ibn al-Jawzī remarks that a person may be healthy but not leisured because of his preoccupation with earning a living; conversely, he may be financially independent but in ill health; so when both come together, and he is overwhelmed by sloth and hence abandons good acts, he is said to be 'cheated'. The upshot of this is that 'this world is the sowing-ground of the next', and the place where one trades for the sake of profit in the Afterlife. Hence whoever uses his leisure and health in obedience of Allāh is said to be envied [maghbūṭ], while whoever uses them in disobedience is cheated [maghbūn], since in due course his leisure must be succeeded by work, and his health by sickness or decrepitude.
Al-Ṭībī says:
The Prophet ﷺ coined the parable of a merchant possessed of capital, which he aims to preserbe intact while making a profit. The way he may accomplish this is by taking every precaution in selecting the people with whom he deals, and by being honest and intelligent so as not to be cheated. Now, health and leisure are one's capital, and one should deal with Allāh by maintaining faith and struggling against the ego [nafs] and against enemies of the religion, so that one may gain the profit of this world and the next. This is akin to His statement (Glorious is He!): Shall I point you to a trade which shall save you from a powerful punishment? [61:60] Consequently, he must avoid obeying the nafs and responding to Satan, lest he lose his capital as well as profit. His saying in which many people are cheated resembles His saying: And scarce among My slaves are the thankful. [34:13] - the 'scarce' in this Qurʿānic text is the reciprocal of the 'many' in the hadith.
Al-Qāḍī Abū Bakr ibn al-ʿArabī states:
There are different views at to which is the first blessing which may come upon a slave of God. Some say that it is faith, others that it is life, while others still hold it to be health. But the first of these is the preferable understanding, since it represents an unconditional blessing; while life and health are wordly blessings and are not real blessings at all unless accompanied by faith. In their absence, 'many people are cheated', that is to say, they lose all or part of their profit. Whoever goes along with his Soul that Commands Evil [al-nafs al-ammāra bi'l-sū'], which eternally summons us to take our ease, and abandons any respect for divinely-appointed boundaries and of consistent acts of obedience, has been cheated. Likewise if he is at leisure, for work might have served as an excuse for him.
The meaning of the hadith is that you must not incline towards the world, or adopt it as your homeland, or tell yourself that you are to remain in it, or be any more attached to it than is a foreigner outside his country.
The hadith also shows that a teacher may touch the limbs of a pupil during instruction, and that someone giving advice may do likewise, for the sake of creating intimacy and attracting his attention.
The hadith means that copious wealth does not constitute real richness. For indeed, many people upon whom Allāh has heaped property are unsatisfied with what they have been given, and struggle to acquire more, and pay no attention to where it comes from; and such people are in reality impoverished because of their craving. Real richness is richness of the soul, which takes place when one finds a satisfying sufficiency in what one has been given, and does not covet more or struggle to seek it. That is the person who is genuinely rich.
The meaning of the hadith is that richness that is useful, great or praiseworthy, is the richness of the soul. When a person's soul is detatched and independent, it loses its covetousness, and thus becomes exalted and splendid, and acquires more favour, detatchment, nobility, and praiseworthiness than the soul of the wealthy person, who reached his position by impoverishing his soul through his covetousness, which plunged him into base matters and ignoble practices through the meanness of his aspiration and avarice. The rich person thus finds himself condemned by many people, whose estimate of him is low, until he becomes the most despised and base of men.
Richness of the soul only comes about through richness of the heart, which must exist in absolute neediness of his Lord in all respects, realising that He is the Giver and Witholder, until he is satisfied with His decree and renders thanks for His blessings, and hurries back to Him to relieve his suffering. From this there develops the heart's absolute need of its Lord, and richness of soul which renders a believer independent of all that is not Him.
Ibn Abī Shayba quotes a narration from the exegete Mujahid b. Jabr (d. 722), who said:
Food and date-palm trees should not be burned, houses should not be demolished and fruit-bearing trees should not be cut. [1]
Yahya b. Sa'id reported that when Abū Bakr - may Allāh be pleased with him - was seeing off the Muslim forces to Syria, he came to Yazid b. Abi Sufyan and told him to 'observe ten things' in regards to war, which included:
[...] Do not cut down fruit-bearing trees or demolish buildings. Do not slaughter a sheep or camel except for food. Do not drown or burn date-palm trees. [2]
Killing Traders and Farmers
Ibn Abī Shayba and al-Bayhaqī narrated on the authority of the companion Jabir b. Abdullah, who said:
They [the Muslim soldiers] did not kill the merchants amongst the mushrikeen [polytheists]. [3]
al-Bayhaqī also narrated on the authority of Zayd ibn Wahb that Umar - may Allāh be pleased with him - sent him a letter in which he said:
Fear Allāh regarding farmers and do not kill them. [4]
As for the scholars, the early jurist al-Awza’ī (d. 774) said:
Farmers are not to be killed [during war] if it is known they are not from the combatants. [5]
The Hanbalite jurist Ibn Qudāmah al-Maqdīsī (d. 1223) similarly wrote:
As for the farmer who is a non-combatant, he should not be killed, because it was narrated from Umar b. al-Khattab that he said: "Fear Allāh regarding the farmers who do not wage war against you." [6]
He also wrote:
We adhere to the saying of Umar. The companions of the Messenger of Allāh did not kill farmers when they liberated the lands because they do not fight. In this, they resemble old men and priests. [7]
Ibn al-Qayyim (d. 1350) said:
Indeed, when the companions of the Prophet conquered the various lands, they did not kill them [farmers and merchants] because [they] did not fight [against them], and so in that they resembled the elderly and religious leaders. [8]
Killing Monks and Other Religious Leaders
The Prophet agreed with the people of Najran that its people, and its monks in particular, were to be protected in terms of blood and wealth. Imām Abū Ubayd, al-Qāsim b. al-Sallām, Ibn Sa'd, al-Balādhūrī and others have cited a hadith wherein the Prophet dictated:
Indeed, Najran and her allies are under the protection of Allāh and the guarantee of the Messenger of Allāh. They are to be protected in their wealth, lives, lands and religion. This includes their priests, monks [...] No monk, priests or attendant among them should lose that which is in his possession, be it plentiful or scarce, and no fear or danger will threaten them. [9]
The protection of monks and priests is not specific to 7th century Najran; but rather it is a general principle during jihād. Imām Aḥmad quoted the companion Ibn Abbas (d. 687) - may Allāh be pleased with him - who reported that the Prophet issued the following orders to his armies:
Break no promise, steal not from the spoils of war, and do not mutilate bodies or slay children or monks. [10]
When Abū Bakr - may Allāh be pleased with him - sent the Muslim forces to Syria, he said:
[...] Do not demolish a church. [...] Soon you shall come upon people who have secluded themselves in monasteries, leave them to engage in that for whose sake they have secluded themselves. [11]
Husām al-Din al-Hindī mentioned an additional wording to this report in his Kanz al-Ummāl:
And [do] not [kill] a sick person or monk. [12]
Thābit ibn al-Hajjāj al-Kilābī reported that Abū Bakr said while delivering this address,
Beware! No [non-combatant] priest tending to his monastery should be killed. [13]
Killing Women, Hired Workers and Children
Women and Hired Workers
Rabāḥ b. Rabīḥ reported:
We were with the Messenger of Allāh in one of the battle expeditions, when he saw some people gathered around something. He sent a man out, saying, "Go and see what they are gathering around." The man returned and informed him, saying, "They are gathering around a slain woman." The Prophet said, "She was not amongst those who fight!". At the head of the group was Khālid b. al-Walīd, so the Prophet sent a man to go and inform Khālid: "Neither an idolatrous woman nor a hired servant should be killed." [in an another version: Do not kill children or hired workers.] [14]
Imām al-Nawawī (d. 1277) declared scholarly consensus on this matter (ijmā') due to the above hadith:
Scholars concur upon acting by this hadith and forbid the killing of women and children, provided that they do not engage in combat. But if they do, the overwhelming majority of scholars [jamahir al-‘ulema] hold that they may be fought. [15]
There are some nuances to opinion: Sufyān al-Thawrī (d. 778), for example, maintained that it is permissible albeit undesirable to to target children who fight. [16]. Some of the Mālikī jurists, such as Ibn Saḥnūn (d. 870), maintain that if a woman stands guard over an enemy army or stronghold, or warns the enemy, she still cannot be targeted. [17]
Ibn Taymiyyah (d. 1328) also used this hadith in refutation of Imām al-Shāfiʿī (d. 820)'s opinion that unbelief per se is a justification for war. Rather, Ibn Taymiyyah says, fighting is only in response to belligerence. He wrote:
Some jurists are of the opinion that all of them may be killed on the mere ground that they are unbelievers, but they make an exception for women and children since they constitute property for Muslims. However, the first opinion [that those not involved in fighting can not be killed] is the correct one because we may only fight those who fight us when we want to make Allāh’s religion victorious. [18]
The Prophet also mentioned "Do not kill...hired workers ['usafā]." In a war context, 'usafā refers to anyone who works for, or is paid by the enemy to perform sevices on the battlefield (e.g. logistical support), as al-Shawkānī (d. 1839) suggests:
[...] to mind the belongings and the animals, but do not engage in fighting. [19]
Furthermore, Dr. Muhammad Khayr Haykal suggests that because the Prophet prohibited targeting even these enemy hirelings on the battlefield, then a fortiori targeting any non-combatant is prohinited.[20]
Children
Several more evidences can be adduced for the impermissibility of killing children, including the following:
Yazid ibn Hurmaz reported:
Najda wrote a letter to Ibn Abbas asking him
about killing children. He wrote back saying, “You wrote to me and asked
me about killing children. The Messenger of Allāh ﷺ did not kill them and you should not kill them, unless you
know about them what the companion of Moses [i.e. al-Khiḍr] knew about the boy (and you
will never know as this is part of the ghayb - unseen). [see Qurʾān 18:80]" [21]
Another narration is the following:
Aswad ibn Sari’ reported:
I came with the Messenger of Allāh ﷺ, and I participated in the battle with him. I engaged in the skirmish that day until some people killed children. News of this reached the Prophet and he said, “What is wrong with these people who have transgressed the limits of killing and have even killed children?” A man said, “O Messenger of Allāh, they are only the children of idolaters.” The Prophet said, “The best of you are the children of idolaters.” Then the Prophet said, “No doubt, do not kill children! Do not kill children! Every soul is born upon its natural instinct [fitrah] until he expresses it with his tongue, then his father makes him into a Jew or a Christian.” [22]
The eminent Ḥanafī jurist, Imām al-Sarakhsī (d. 1096), wrote based on these evidences:
The Prophet ﷺ said: "Do not kill children [walīd]." In the [Arabic] language, the walīd means one who is born [mawlūd]; and every human being [ādamī] is born; however, customarily this word is only used for young children. Therefore, in it is proof that it is impermissible to kill the young children amongst them [non-Muslims], as long as they are not fighting. [23]
As for the classification of a child, the jurists agree that that it is anyone who has not reached puberty or under the age of fifteen years [24]. This concurs with the age limit set for the protection of children in the Geneva Conventions [25].
Elderly
Anas ibn Mālik - may Allāh be pleased with him - narrated:
The Prophet ﷺ said: "Do not kill any feeble old man, or any infant or young child or woman." [26]
al-Ḍaḥḥāk - may Allāh be pleased with him - narrated:
The Prophet ﷺ used to forbid the killing of women and feeble old men. [27]
Rashīd ibn Sa'd said:
The Messenger of Allāh ﷺ forbade the killing of women, children and the infirm. [28]
Jubayr ibn Nufayl said:
A man passed by Thawbān, may Allāh be pleased with him, so he [Thawbān] asked him, "Where do you intend to go?" The man said, "I want to wage battle in the path of Allāh." Thawbān then said to him, "If war booty comes your way, do not steal from it, and do not kill an old man or young boy." The man said, "From whom did you hear this?" Thawbān replied, "From the Messenger of Allāh. " [29]
It is clear from these evidences that targeting the elderly is strictly prohibited, and most jurists concur. The main exception that jurists stated, however, is if an elderly man supports the enemy in planning war operations. Imām al-Nawawī and al-Shirāzī (d. 1083) argued that planning a war is a more important contribution to winning it than the fighting itself, thus killing such a person is permissible [30]. The evidence for this is the killing of Durayd ibn al-Summah, who was brought to the battlefield to plan operations of the Battle of Ḥunayn, even though he was over one hundred years of age. Because the Prophet remained silent on this incident, jurists concluded it is permissible to target the elderly in these cases. However, al-Shawkānī rejected this deduction and maintained that no Islamic sources prove the permissibility of targeting the elderly, even in this case. [31]
References
[1] Narrated by Ibn Abī Shayba in al-Musannaf, 6:483 §33122.
[2] Narrated by:
Imām Mālik in al-Muwatta, in Kitāb al-Jihad [The Book of Jihad] under the chapter "The Unlawfulness of Killing Women and Children During Military Expeditions", 2:447
§965
Abd al-Razzaq in his al-Musannaf, 6:483 §33121
al-Bayhaqī in al-Sunan al-Kubrā, 9:89-90 §§17927, 17929
al-Marwazi in Musnad Abi Bakr, pp. 69-72 §21
[3] Narrated by Ibn Abī Shayba in al-Musannaf, 6:484 §33129; al-Bayhaqi in al-Sunan al-Kubra, 9:91 §17939.
[4]al-Bayhaqī in al-Sunan al-Kubrā, 9:91 §17938. [5]Ahkam Ahl al-Dhimmah, 1:165.
[6] Ibn Qudāmah al-Maqdīsī, al-Mughnī, 9:251. [7] Ibid.
[8]Ahkam Ahl al-Dhimmah, 1:165.
[9] Cited by:
Abū Yūsuf in al-Kharāj, 78.
Abū Ubayd al-Qāsim b. Sallām in Kitāb al-amwāl, pp. 244-245 §503
Ibn Sa'd in his al-Ṭabaqat al-kubrā, 1:288, 358
al-Balādhūrī in Futuḥ al-buld
Ibn Zanjawayh in Kitāb al-amwal in pp. 449-450 §732
[10] Narrated in Imām Aḥmad's Musnad, 5:358 §2728
[11]Narrated by:
Imām Mālik in al-Muwatta, 2:448 §966.
Abd al-Razzaq in his al-Musannaf, 5:199 §9375.
al-Bayhaqī in al-Sunan al-Kubra, 9:90 §§17929.
[12] Narrated by al-Hindī in Kanz al-Ummāl, 4:474 §11409.#
[13] Narrated by Ibn Abī Shayba in al-Musannaf, 6:483 §33127 and al-Hindī in Kanz al-Ummāl, 4:472.
[14] Narrated by:
Abū Dawūd in his Sunan, Kitāb al-Jihād, 3:53 §2669
Ibn Mājah in his Sunan, Kitāb al-Jihād, 2:948 §2842
Imām Aḥmad in al-Musnad, 3:488 §16035
al-Nasā'i in al-Sunan al-Kubrā, 5:186-187 §8625
[15] Imām al-Nawawī, Sharh Sahih Muslim (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1995), 12:43.
[16]Imām al-Tabarī, Kitāb al-Jihād wa Kitāb al-Jizyah wa Ahkām al-Muhāribīn min Kitāb Ikhtilāf al-Fuqahā’ ed. Joseph Schacht (Leiden: Brill, 1933), p. 9. [17] Ahmad al-Dardīr, Al-Sharh al-Kabīr , ed. Muḥammad ‛Allīsh (Beirut: Dār al-Fikr, n.d.), [2/176]. [18]Ibn Taymiyyah, al-Siyāsah al-Shar’īyah [1/165].
[19]al-Shawkānī, al-Sayl al-Jarrār [4/532].
[21]Narrated in Imām Aḥmad's Musnad, §3254 and by Muslim in his Sahih, 3:1444 §1812.
[20] Dr. Muḥammad Khayr Haykal, al-Jihād wa al-Qitāl fī al-Siyyāsah al-Shar‛iyyah, 2nd ed. (Beirut: Dār al-Bayāriq, 1996/1417), [2/1246]
[22] Narrated in Imām Aḥmad's Musnad, §15162.
[23] al-Sarakhsī, al-Mabsūṭ, 10:5-6.
[24] Ibn Qudāmah al-Maqdīsī, al-Mughnī, 3:277.
[25] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, Article 77.
[26] Narrated by Abū Dawūd in his Sunan, Kitāb al-Jihād, 3:37 §2614.
[27] Narrated by Ibn Abī Shayba in al-Musannaf, 6:484 §33133.
[28] Ibid, §33135.
[29]Narrated by Ibn Asākir in Tarīkh Dimashq al-Kabīr, 27:404.
[30]al-Shirāzī, al-Muhadhdhab [3/277] and Imām al-Nawawī, al-Majmū', [21/55]
The Arabic word for "acquistion" (kasb) refers to one's livelihood or earnings. Linguistically, it signifies "to earn or to acquire." ‘Alī b. Muhammad al-Jurjānī (d. 816 AH/1413 CE) defines the word linguistically as "that which leads to accruing benefit or warding off harm."
As a technical term in Islāmic theology, however, it refers to the Sunni doctrine that ostensibly resolves the vexing and perennial dilemma of free will versus predestination. While the doctrine of acquisition has its roots in the Qurʿān, it is considered to be an original Muslim contribution to a problem shared by the three Abrahamic faiths.
According to Abū Bakr Muhammad b. Ḥasan b. Fūrak (d. 406 AH/1015 CE), as a theological term, kasb refers to "the state and decree whereby the human actor among us exercises the relation of his created power to that which has been decreed." Ibn Fūrak mentions that according to Imām Abū al-Ḥasan al-Ashʿarī (d. 324 AH/935-6 CE), the founder of the Ashʿarite school of theology, acquisition refers to "what had occurred through created capacity". [1]
According to Imām al-Ashʿarī, all actions, good and evil, are originated by Allāh, but they are “acquired” (maksūb, whence kasb) by men. Man does not initiate anything; he merely acquires what Allāh has created. Thus man’s responsibility comes from his decision as to which actions he should acquire. As for the criticism that his kasb theory attributes evil to Allāh, al-Ashʿarī explained that, by creating evil, Allāh is not an evildoer. He is independent of His creation. [2]
The Doctrine of Kasb
(Text below via daralnicosia.wordpress.com, by S. Z. Chowdhury)
The term kasb is synonymous with ‘action’ (`aml). [3]
In this sense above, kasb is said to suggest moral responsibility on the part of the agent.
The notion of kasb is equated with a ‘created power’. [4]
Thus, man’s actions (a`mal) are in fact ‘acquisitions’ (aksab). [5]
Allāh creates voluntary and involuntary [6] actions. [7]
Human beings intrinsically know the difference between a voluntary and an involuntary act.
Allāh is the Real Agent (fa`il) and really creates (yaf`aluhui `ala haqiqatihi).
Man acquires the action by virtue of a mediating originated power created by Allāh in him. [8]
Hence, man is not an agent (fa`il), i.e. a maker of his own actions.
The acquisition of power by man does not, however, relinquish Allāh’s real Power over that act. [9]
Hence, man can only acquire the act if and when Allāh creates that power within him to do so. [10]
The power to act is distinct from man and is not an intrinsic part of him otherwise man would have been able to do it essentially and in and of himself. [11]
The power to act created by Allāh is momentary. [12]
The act and the power are concomitant and the power does not chronologically precede it in time or succeed it. [13]
Existence of this power to act is a necessary pre-condition and actual antecedent (= metaphysically or logically entails?) for the act to be realised (fi wujudiha wujud maqduriha). [14]
Footnotes
[1]Sourced from Shaykh Ḥamzah Yūsuf's footnotes to his translation of Aqeedah al-Tahawiyyah.
[3] al-Ashʿarī, al-Ibanah, p.43 and cf. McCarthy, The Theology of al-Ashʿarī, p.103.
[4] al-Ashʿarī, Kitāb al-Luma`, p.42 and Cf. McCarthy, The Theology of al-Ashʿarī, p.60.
[5] Ibid, p.37.
[6] Such as sudden muscle spasms, etc.
[7] al-Ashʿarī, Kitāb al-Luma`, § 92.
[8] Ibid, §§ 87 and 89.
[9] Ibid, p.43.
[10] Ibid, p.43.
[11] al-Ashʿarī, al-Maqalat al-Islamiyyin, p.229.
[12] Ibid, p.229.
[13] This is also the view of al-Husayn Ibn al-Najjar. Cf. al-Ashʿarī, al-Maqalat al-Islamiyyin, pp.283-284 and 566. See also W. M. Watt, Free Will and Pre-destination in Early Islām, pp.106-107.
In the Maliki school, it is a sunnah and most preferred to lengthen the beard and trim its excess when it gets too long, and recommended to keep it at least fist length (to leave difference of opinion in the school itself). It is prohibited to shave it off completely, and merely permissible to trim/shorten (not shave) the beard without a specific limit under the following preconditions:
That the person does not resemble a woman, small child or a hermaphrodite when trimmed.
That the person does not completely shave the beard off.
That the goatee and sides of the face should be left alone unless they get too long then one may trim them; accordingly, other wise it must be left there.
The beard in the opinion of the Maliki school refers to that hair which is on the two jaw-bones and the chin [1]. The neck hair may be completely removed if one desires. It is haram by consensus to remove the hair on the sides of the face. However, whatever is above the jawbone - such as the upper cheek hair - may be removed.
Evidences
روى الإمام مالك – رحمه الله - في الموطأ برواتي يحي بن يحي اللّيثي و أبي مصعب الزهري وغيرهما عن أبي بكر بن نافع عن أبيه عن عبد الله بن عمر أن رسول الله – صلى الله عليه وسلم – أمر بإحفاء الشوارب وإعفاء اللحى
Imam Yahya ibn Yahya al-Laythi and Abu Musab az-Zuhri relate in their transmission of "The Muwatta" of Imam Malik ibn Anas: Abu Bakr ibn Nafi' relates from his father who relates from Abdullah ibn Umar who said,
The Prophet ﷺ commanded the trimming of the mustache and the lengthening of the beard.
[The Muwatta of Imam Malik ibn Anas, Riwayat Yahya ibn Yahya al-Laythi - Abu Musab Az-Zuhri]
وفي موطأ مالك من رواية محمد بن الحسن الشيباني تلميذ أبي حنيفة أخبرنا مالك، حدثنا نافع: أن ابن عمر كان إذا حلق في حج أو عمرة أخذ من لحيته (أي من طولها وعرضها،) ومن شاربه
Imam Muhammad ibn al-Hasan ash-Shaybani, who was the student of Imam Abu Hanifa, relates from Imam Malik ibn Anas who relates from Nafi' who relates from Abdullah ibn Umar that when he shaved his head after Hajj or Umrah, he also trimmed from his beard (from its length and width) and his mustache.
Note: Ash-Shaybani added:
''This is not compulsory, (trimming the beard after removing the ihram) [therefore] whoever wishes to do so may go ahead and carry out this action, and whoever wishes to he may leave it." In Imam Malik's view, it is merely mustahabb [recommended] to trims one's mustache and beard after ihram.
[The Muwatta of Imam Malik ibn Anas, Riwayat Muhammad ibn Al-Hassan Ash-Shaybani]
قال ابن عبد البر في التمهيد : أخبرنا أحمد بن عبد الله بن محمد قال حدثنا أبي قال حدثنا محمد ابن فطيس قال حدثنا يحيى بن إبراهيم قال حدثنا يحيى بن يحيى قال : رأيت الليث بن سعد يخضب بالحناء قال ورأيت مالك بن أنس لا يغير الشيب وكان نقي البشرة ناصع بياض الشيب حسن اللحية لا يأخذ منها من غير أن يدعها تطول
Ibn Abdul Barr said in his work, The Tamhid:
Ahmad ibn Abdullah ibn Muhammad informed us that his father informed us who was informed by Muhammad ibn Futais who was informed by Yahya ibn Ibrahim who relates from Imam Yahya ibn Yahya al-Laythi, who said, "I saw Imam Al-Layth ibn Sa'd dying his hairs with henna, and he said, 'I saw Imam Malik ibn Anas not dying his white hairs, and he was an immaculate, clean person with white hairs, and an excellent beard, he did not take anything off of it except that which was excessively long.'''
[At-Tamhid of Ibn Abdul Barr]
وقال في الاستذكار :وفي أخذ ابن عمر من آخر لحيته في الحج دليل على جواز الأخذ من اللحية في غير الحج؛ لأنه لو كان غير جائز ما جاز في الحج، لأنهم أمروا أن يحلقوا أو يقصروا إذا حلوا محل حجهم ما نهوا عنه في حجهم. وابن عمر روى عن النبي صلى الله عليه وسلم "أعفوا اللحى" وهو أعلم بمعنى ما روى، فكان المعنى عنده وعند جمهور العلماء الأخذ من اللحية ما تطاير. والله أعلم
Imam Ibn Abdul Barr said in his book, Al-Istidhkar:
And in Abdullah ibn Umar's removing of the excess of his beard is a proof of the permissiblity of trimming the beard outside of Hajj, because if it were not permissible, it would also not be permissible during Hajj. They [the Sahaba] commanded to shave or trim when they exit the ihram that which they were prohibited from shaving or trimming during the ihram, and Abdullah ibn Umar was the same person who narrated the hadith from the Prophet ﷺ, "Lengthen the beard." and he is well aware of what he himself narrated, and the meaning with him and with the majority of the ulama is to trim from the beard what grows excessively long.
[Al-Istidhkar]
وروى البيهقي في "السنن الكبرى" بسنده عن "عبد العزيز بن عبد الله الأويسي قال : ذكر مالك بن أنس إحفاء بعض الناس شواربهم فقال : ينبغي أن يضرب من صنع ذلك ، فليس حديث النبي صلى الله عليه وسلم في الإحفاء ، ولكن يبدي حرف الشفتين والفم .
Abdul Aziz ibn Abdullah said:
He mentioned to Imam Malik ibn Anas the action of shaving the entire mustache as some people do. He said, 'It is befitting to discipline whoever does that, the hadith of the Prophet does not refer to shaving the mustache rather it refers to removing what is on the brink of the lips and mouth (meaning no hair should be beyond them).'
[Sunan Al-Kubra of Imam Bayhaqi, Fath Al-Bari]
قال القاضي عياض إعفاء اللحية وقص الشارب كالسنة الواحدة؛ إذ هو كالعضو الواحد
Qadi Iyad ibn Musa al-Yahsubi said:
The growing of the beard and the trimming of the mustache are like one sunnah, similar to one limb.
[Ikmal Al-Mu'lim bi Fawaid Muslim]
وقال مالك بن أنس : حلق الشارب بدعة ظهرت في الناس " انتهى باختصار .
Imam Malik ibn Anas said:
The complete shaving of the mustache is an innovation which has appeared amongst the people.
[Sunan Al-Kubra of Imam Bayhaqi, Fath Al-Bari]
وقال أبو الوليد الباجي في "المنتقى شرح الموطأ": روى ابن عبد الحكم عن مالك : ليس إحفاء الشارب حلقه ، وأرى أن يؤدب من حلق شاربه . وروى أشهب عن مالك : حلقُهُ مِن البدع .
Abu Walid Al-Baji said in his book, "Al-Muntaqa Sharh Al-Muwatta",
Imam Ibn Abdul Hakm narrates from Imam Malik, who said: "The trimming of the mustache is not its complete shaving; my opinion is that whoever shaves his mustache completely should be disciplined.'' Imam Ashab narrates from Imam Malik: "Its shaving is an innovation.''
[Al-Muntaqa Sharh Al-Muwatta]
قال سحنون في المدونة قلت لابن القاسم : هل كان مالك يوجب على المحرم إذا حلَّ من احرامه أن يأخذ من لحيته و شاربه و أظفاره؟ قال: "لم يكن يوجبه ولكن كان يستحب إذا حلق أن يقلِّم و أن يأخذ من شاربه و لحيته، وذكر مالك أنّ ابن عمر كان يفعله"
Imam Sahnun said:
I said to Imam Abdurahman Ibn Al-Qasim Al-Utaqi, "Did Imam Malik impose on the Muhrim when he leaves the ihram that he has to remove his beard, mustache, and nails?" He said, "He did not impose it, however, he preferred a person when he shaves (after the ihram) to cut some of his beard and mustache, and he mentioned that Abdullah ibn Umar used to do so."
[Al-Mudawwanah Al-Kubra]
قال الباجي المالكي:وقد استحبَّ ذلك مالكٌ -رحمه الله-؛ لأنَّ الأخذ منها على وجه لا يغيِّر الخِلْقَةَ من الجمال، والاستئصال لهما -أي: الرأس واللحية- مُثْلَة كحلق رأس المرأة فمنع من استئصالهما أو أن يقع فيهما ما يُغيِّر الخلقة ويُؤدِّي إلى المثلة، وأمَّا ما تزايد منها وخرج عن حدِّ الجمال إلى حدِّ التشعُّت وبقاؤه مثلة، فإنَّ أخذه مشروع المنتقى للباجي:
Imam Al-Baji Al-Maliki said:
Imam Malik preferred shaving from the excess of one's hair. However, taking from it is upon the premise of it not changing a person's physiognomy, like shaving the beard off completely for a man and shaving the hair of the head off for a woman. Doing these actions leads to resemblance of the opposite sex [so if trimming the beard makes a man resemble a woman then it is haram to trim it]. As for what increases from the beard and exits from the limitation of beauty to shagginess, then trimming it is permissible.
[Al-Sharh Al-Muntaqa Ala Muwatta]
[Note] As for when someone has only a short beard, Imam Al-Adawi relates that some commentators rule that trimming such a beard is haram (forbidden) just like shaving. Then Imam Al-‘Adawi states that the apparent context of this opinion is premised on whether or not trimming or shaving it produces disfigurement Muthlah – like if doing so makes a man look like a woman. So if disfigurement occurs, it would be haram. Otherwise, there is no objection according to him and Imam Nafarawi, and he mentions that the known opinion is that there is no limitation for trimming (besides what has been mentioned before). However, he also mentions that Imam Abu Walid Al-Baji's opinion is that one should not cut below the fist-length.
In the case of a long beard, it is always recommended to trim it when it exceeds the customary norm of men and mars a person’s appearance.
As for the goatee, the hair of this area should not be touched at all.
وكيع عن أبي هلال قال : سألت الحسن وابن سيرين فقالا : لا بأس به أن تأخذ من طول لحيتك.
Waki' ibn Hilal said: I asked Hasan al-Basri and Ibn Sirin [about the beard] and they said:
"There is no problem in a person trimming the length of his beard."
[Musannaf of Ibn Abi Shaybah]
حدثنا وكيع عن سفيان عن منصور عن إبراهيم قال : كانوا يطيبون لحاهم ويأخذون من عوارضها
Waki' related from Sufyan al-Thawri who related from Mansur who related that Ibrahim an-Nakhai' said:
"They [the sahaba] used to make their beards look appealing, and they used to trim its sides."
[Musannaf of Ibn Abi Shaybah]
التمهيد للحافظ ابن عبد البر:" لا بأس أن يأخذ ما تطاير من اللحية وشذ، قال ابن القاسم: فقيل لمالك: فإذا طالت جدا فإن من اللحى ما تطول ؟ قال : أرى أن يؤخذ منها وتقصر
Al-Hafidh Al-Maghrib Ibn Abdul Barr said:
There is no problem in removing what is elongated or deviated/abnormal from the beard. Ibn Al-Qasim said: "It was said to Imam Malik: 'If it [the beard] has become very long, what should one do?' He said: 'My opinion is that one should take from it and shorten it.'"
[At-Tamhid of Ibn Abdul Barr]
قال ابن أبي زيد القيرواني في " الرسالة " وأمر النبي صلى الله عليه وسلم أن تعفى اللحية وتوفر ولا تقص قال مالك ولا بأس بالأخذ من طولها إذا طالت كثيرا وقاله غير واحد من الصحابة والتابعين
Imam Abu Muhammad Abdullah ibn Abi Zayd al-Qayrawani said in his Risalah:
The Prophet ﷺ commanded to lengthen the beard and that it be extended and not trimmed short. Imam Malik said: "There is no problem in taking from its excess length if it excessively grows out, and more than one from amongst the Sahaba and Tabiun have said this as well.'
[The Risalah of Ibn Abi Zayd Al-Qayrawani]
وقال رحمه الله :ومن تحسين الهيئة قص الشارب واعفاء اللحية اما حلق اللحية فتشويه كتاب الاعلام لما في دين النصاري من الفساد
From the excellence of appearance is to trim one's mustache and lengthen one's beard. As for shaving it then if he does so, he has deformed himself (of his natural physiognomy).
[Kitab Al-A'lam Lima fi Din An-Nasara Min Al-Fasad]
قال عياض: يكره حلق اللحية وقصها وتحذيفها وأما الأخذ من طولها وعرضها إذا عظمت فحسن، بل تكره الشهرة في تعظيمها كما يكره في تقصيرها
Qadi Iyad ibn Musa al-Yahsubi said in his commentary on Sahih Muslim:
As for shaving the beard, it is makruh (muharrama - leaning towards haram). As for cutting from its length and width when it becomes [excessively] long, then that is good. It is makruh (muharrama) to let it be excessive just as it is makruh (muharrama) to shave it.
[Ikmal Al-Mu'lim bi Fawaid Muslim]
[Note] This is not the mashur view of the Maliki school, which is that shaving the beard is haram. Many scholars have noted that Qadi Iyad intended the word يحرم when using the word كره as used in the Quran. Imam Zarkashi said in his tafsir, "Al-Bahr Al-Muhit", that the word makruh has four different usages in language - one them being haram. To prove this, he mentioned the ayah:
"All of that - its evil is ever, in the sight of your Lord, detested." (Qurʾān, 17:38)
وقال النفراوي في " الفواكه الدواني " : " وأمر النبي صلى الله عليه وسلم, كما في موطأ مالك بأن تعفى اللحية, أي يوفر شعرها ويبقى من غير إزالة لشيء منها , فقوله " توفر ولا تقص " تفسير لما قبله وذكره لزيادة البيان , والمتبادر من قوله أمر الوجوب , وهو كذلك إذ يحرم حلقها إذا كانت لرجل, وأما قصها فإن لم تكن طالت فكذلك , وأما لو طالت كثيرا فأشار إلى حكمه بقوله "قال مالك ولا بأس بالأخذ من طولها إذا طالت"
Imam Ahmad An-Nafarawi said in his commentary, Al-Fawakih Al-Dawani, on the Risalah of Abdullah Ibn Abi Zayd Al-Qayrawani:
The Prophet ﷺ commanded as is mentioned in the hadith of the Muwatta, to lengthen the beard, meaning to let it spread and let it stay without removing anything from it. As for Imam Abdullah's saying in the Risalah, 'To let it spread and not trim it', it is there to express what comes before it and he mentioned it for more expression in his deliverance to show it compulsion. Its cutting is haram for a man. As for its trimming, if it is not long then it is also prohibited, as for when it is very long then he points to its injunction with his saying, "Imam Malik said, 'There is no problem in taking from its excess length if it excessively grows out.'"
[Al-Fawakih Al-Dawani]
وقال العدوي في حاشيته على " كفاية الطالب " : " قوله لأن حلقهما بدعة , أي بدعة محرمة للحية في حق الرجل , وأما المرأة فقد تقدم أنه يجب عليها حلق لحيتها "
Imam Al-Adawi says in his footnotes on Kifayat at-Talib:
His saying [Imam Abdullah's] is due to the fact that shaving both of them is an innovation, meaning a prohibited innovation for a man to shave his beard. As for a woman, it has been mentioned before that it is compulsory for her to shave her beard (as well as the mustache according to the mashur of the Maliki school).
[Hashiyat Al-Adawi Ala Kifayat At-Talib Ar-Rabbani]
وقال العلامة زروق رحمه الله في شرحه على الرسالة : " ومعنى توفر تترك على حالهادون نقص لانها وجه الانسا ن و زينته و يمنع حلقها و حلق الشيب منها "
Imam Zarruq said in his commentary on the Risalah of Ibn Abi Zayd:
The meaning of "letting it grow" is that you leave it in its natural state without lessening it because it is from the appearance of man and his trademark and beauty, and its shaving is prohibited. and likewise removing/shaving the white hairs.
[Sharh Az-Zarruq Ala-Risalah Ibn Abi Zayd]
قال عليش في " منح الجليل " : " ويحرم على الرجل حلق اللحية والشارب ويؤدب فاعله ويجب حلقهما على المرأة على المعتمد ".
Imam Muhammad Al-Illyish Al-Azhari said in his book, Manh Al-Jalil:
It is prohibited for a man to to shave his beard and his mustache and those who do so are disciplined, and the removal of both of them is compulsory for a woman according to mashur of the Maliki school.
[Manh Al-Jalil]
وقال الحطاب في " مواهب الجليل " : " وحلق اللحية لا يجوز وكذلك الشارب وهو مثلة وبدعة ويؤدب من حلق لحيته أو شاربه إلا أن يريد الإحرام بالحج ويخشى طول شاربه ".
Imam al-Hattab said in his book, Al-Mawahib Al-Jalil:
The shaving of the beard is not permissible and similarly the mustache, and doing so is a reprehensible innovation. And whoever shaves them is disciplined, except for the one who intends to don the ihram for Hajj or Umrah and he fears that his beard will grow excessively long.
[Al-Mawahib Al-Jalil Sharh Mukhtasar Khalil]
وفي " حاشية الدسوقي على الشرح الكبير" قال : " تنبيه: يحرم على الرجل حلق لحيته أو شاربه ويؤدَّب فاعل ذلك ".
Imam ad-Dasuqi said:
It is prohibited for a person to completely shave his beard or his mustache, and the perpetrator of that is disciplined.
[Hashiyat Ad-Dasuqi Ala Sharh Al-Kabir]
قال القرافي – رحمه الله - في الذخيرة وتترك اللحية لما في بعض الأخبار: إن لله ملائكة يقولون : سبحان من زيّن بني آدم باللحى...قال ابن يونس:من أحفى شاربه يوجع ضربا لأنها بدعة
Imam Al-Qarafi said:
A person lets the beard grow for what is in some narrations: "Indeed the angels say, 'Glorified be the one who beautified the sons of Adam with beards.'" Imam Ibn Yunus said: 'Whoever shaves his mustache is disciplined because doing so is an innovation.''
[Dhakira of Imam Al-Qarafi]
قال الباجي– رحمه الله- في المنتقى وقوله – صلى الله عليه وسلم - (اعفوا اللحى) ...يحتمل عندي أن يريد أن تعفى اللحى من الإحفاء؛ لأن كثرتها أيضا ليس بمأمور بتركه
Imam Al-Baji says in commentary on the Muwatta, Al-Muntaqa, in reference to the saying of the Prophet ﷺ, "Grow the beard.":
It is my opinion that the Prophet intended for the beards to be long, but not excessively long and leaving them in that condition is not what is ordered.
[Al-Sharh Al-Muntaqa Ala Muwatta]
وقال ابن الحاجب في جامع الأمهات : وترك الأخذ من اللحية إلا أن تطول جداً
Imam Ibn Al-Hajib said:
And a person does not take anything from his beard unless it has grown very long. [2]
[Jami' Al-Ummahat]
Footnotes
[Site admin note]: I have slightly changed the article from its original in order to clean up the formatting and correct several grammatical mistakes.
[1]See Mukhtasar Khalil, Hashiyat al-Dasuqi ala Sharh al-Kabir and Manh al-Jalil. [2]As aforementioned, the excessive length of a beard is determined by the urf (custom) of one's society.
Imām Abū 'Abdallāh Muhammad ibn Sa'īd al-Būsīrī was an Egyptian poet who wrote under the patronage of the vizier Ibn Hinna. His magnum opus is the present work, the Qaṣīda al-Burda (Poem of the Mantle). It is entirely in praise of the Prophet Muhammad ﷺ, who cured the poet of paralysis by appearing to him in a dream and wrapping him in a mantle. It is a well-known and beloved classical poem, perhaps being the most recited poem in history.
The Qaṣīda on the walls of al-Būsīrī's shrine
The Burda is divided into 10 chapters and 160 verses. Interspersing the verses is the refrain, “My Master, descend peace and blessings continuously and eternally on Your Beloved, the Best of All Creation” (Arabic: مولاي صلي و سلم دائما أبدا على حبيبك خير الخلق كلهم). Each verse ends with the Arabic letter mīm, a style called mīmīya.
The translation used here is from Shaykh Abdal Hakim Murad's "The Mantle Adorned".
The Story behind the Burdah
The first account regarding the circumstances of the poem's composition is recorded by the historian Muḥammad b. Shākir b. Aḥmad b. ʿAbd al-Raḥmān al-Kutubī (d. 764 AH/1363 CE) in Fawāt al-Wafayāt, narrating from al-Būsīrī as follows:
I had composed a number of praise poems for the Prophet, including one that was suggested to me by my friend Zayn al-Dīn Yʿaqūb b. al-Zubayr. Some time after that, I was stricken by fālij (stroke), an illness that paralyzed half of my body. I thought that I would compose this poem, and so I made supplications to the Prophet Muḥammad to intercede for me and (and ask God to) cure me. I repeatedly sang the poem, wept, prayed, and asked for intercession. Then I slept and in my dream, I saw the Prophet. He wiped my face with his blessed hands and covered me in his mantle (burdah). Then I woke up and found I was able to walk; so I got up and left my house. I had told no one about what had happened.
I encountered a Ṣūfī (faqīr) on my way and he said to me: “I want you to give me the poem in which you praise the Prophet.”
I said: “Which one?”
So he said: ”The one that you composed during your sickness.”
Then he recited the first verse and said: “I swear by God that I heard it in a dream last night being sung in the presence of the Prophet Muḥammad. I saw the Prophet was pleased with it and covered the person who sang it with his cloak.”
So I recited the poem to him and he memorized it and related his vision to others. [1]
Deal kindly with Your slave in both the worlds, for when terrors call to him, his patience is weak.
وَائْذَنْ لِّسُحْبِ صَلاةٍ مِّنْكَ دَائِمَةٍ
عَـلَى النَّبِيِّ بِمُنْهَــلٍّ وَّمُنْسَـجِمِ
From You, let a cloud of constant blessings rain upon the prophet, forever coming down.
مَا رَنَّحَتْ عَذَبَاتِ الْبَانِ رِيْحُ صَبَـا
وَأَطْرَبَ الْعِيْسَ حَادِي الْعِيْسِ بِالنَّغَمِ
For as long as the east wind stirs the willow-branches, and camel drivers rejoice their grey steeds with song.
فغنها و هي لك الفداء
ان غناء الابل الحداء
Sing to them and you shall be recompensed, indeed singing to the camels is (known as) al-Hudā.
Footnotes
[1]Muḥammad b. Shākir b. Aḥmad b. ʿAbd al-Raḥmān al-Kutubī, Fawāt al-Wafayāt [2/346], Shaykh Ali Muhammad Mu'wad, Beirut: Dar al-Kutub al-Ilmiyyah, 2000
[2]al-Mughirah ibn Shu’bah reported: The Prophet ﷺ would pray until his feet were swollen. It was said, “Why do you do this when Allāh has forgiven your past and future sins?” The Prophet said, “Shall I not be a grateful servant?” [Sahih Muslim 2819]
[3]Jabir reported: We went to the Prophet ﷺ and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. [Sahih al-Bukhari 4101]
[4]Shaykh Khalid al-Azhari explained the meaning as the following:
Leave what the Christians said about Jesus the son of Mary, peace be upon him - that he is the son of Allāh, the Sublime and Exalted. Our Prophet ﷺ would totally prohibit any thing like this, such that he ﷺ said, لا تطروني كما اطرت النصاري عيسي (Do not praise me exceedingly, like the Christians exceeded in their praise for Jesus) i.e. لا تصفوني بذلك (Do not ascribe me with that).
Apart from this, ascribe to him ﷺ whatever you wish of perfect qualities, befitting the loftiness of his stature. And argue with whoever you will, from amongst the adversaries, in proving his excellence. And revere his noble person and the loftiness of his august stature with whatever you wish of eminence. Whatever honour and eminence you intend, you will find an immeasurable opening, as indeed the distinction of the Messenger ﷺ knows no bounds that one could attempt to articulate with the tongue.
[5]The "Arch of Kisra", i.e. Tāq Kasrā is the only surviving structure from the great Sassanian city of Ctesiphon.
[6]Abraha was an Axumite general who eventually acceded to the throne of the Himyarite Kingdom. He was the leader of the "People of the Elephant" who attempted to invade and destroy Makkah in the year the Prophet ﷺ was born. Their defeat is mentioned in Sūrah al-Fīl.
[7]The two sanctuaries are al-Masjid al-Ḥarām and al-Masjid al-Aqsā.
[8]Zuheyr was a pre-Islamic poet and the ruler Herem was his patron.
[9]Meaning, "O the noblest of creation, I do not have anyone except you ﷺ to seek refuge in from the extensive terror of the Day of Judgement." As authentic hadiths in Bukhari [3092], Muslim [287], and elsewhere affirm, all of creation will go from one prophet to another, each of whom is busy with themselves - out of their absolute awe of Allāh - who will tell them to go to another prophet. Finally, all of creation will go to our Beloved Messenger, seeking respite from the tremendous tribulation and distress of that Day. The Messenger of Allāh ﷺ will answer their call, affirming that this is from what Allāh granted him. He will turn to Allāh seeking respite for creation, and this will be granted.
