Wenn sich ein
Muslim den Bart "kafirgerecht" stutzt oder
abrasiert, hat er vermutlich andere Vorbilder als
Rasuulullah - möge der Friede und Segen
Allahs auf ihm sein. Es mag die Angst vor
wirtschaftlichen Nachteilen, Schulden,
Frauen zu gefallen, Mode usf. als Ursache
gesehen werden, warum sich ein Mann den Bart
abrasiert oder stark kürzt. Fragt man danach, kommt
manchmal die Antwort: Bart ist ja ist (nur)
Sunnah, als ob einer Sunnah zu folgen nicht
ausreichender Grund sei den Bart zu behalten..
Gericht in Ägypten verbietet Bart für
Polizisten
http://www.orf.at/stories/2129306/ 15.Shabaan 1433
(4.Juli 20012)
Polizisten in Ägypten dürfen vom aktiven Dienst
suspendiert werden, wenn sie einen Bart tragen.
Eine Beschwerde von Polizisten habe ein Gericht
in Kairo zurückgewiesen, berichtete das
ägyptische Staatsfernsehen heute auf seiner
Website. Eine Gruppe von 28 Polizeibeamten hatte
sich dem Bericht zufolge Bärte wachsen lassen
und war deswegen suspendiert worden. Das Tragen
eines Bartes - für viele ein Symbol des
politischen Islam - sei ihr verfassungsmäßiges
Recht, behaupteten die Polizisten. Das Kairoer
Verwaltungsgericht urteilte jedoch, das
Innenministerium habe das Recht, die Bartträger
vom aktiven Dienst zu suspendieren und vor einen
Disziplinarausschuss zu stellen.Die Polizisten
hatten sich nach dem Sturz von
Langzeitmachthaber Hosni Mubarak Bärte wachsen
lassen. Sein im Juni gewählter Nachfolger,
Mohammed Mursi von den Muslimbrüdern, ist selbst
Bartträger.
In the name of Allah, Most Compassionate, Most Merciful,
Growing a beard is an extremely emphasised and encouraged way (Sunnah) of
the Messenger of Allah (Allah bless him & give him peace), and held by the
Muslim scholars to be necessary (wajib) for a man.
The Messenger of Allah (Allah bless him & give him peace) repeatedly
instructed the growing of a beard in many narrations, and his own habitual
and continuous practice was that of growing a full beard. Thus, the
obligation of keeping a beard is clear from the statements of the Messenger
of Allah (Allah bless him & give him peace), the statements of the great
Imams and the constant practice of the early Muslims (salaf).
1) Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that
the Messenger of Allah (Allah bless him & give him peace) said: “Trim (your)
moustaches and lengthen/grow (your) beards.” (Sahih al-Bukhari & Sahih
Muslim)
2) Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the
Messenger of Allah (Allah bless him & give him peace) said: “Cut off
moustaches, leave beards and do otherwise than the fire worshippers.” (Sahih
Muslim, no. 260)
3) Sayyiduna Anas ibn Malik (Allah be pleased with him) narrates that the
Messenger of Allah (Allah bless him & give him peace) said: “Trim moustaches,
lengthen/leave beards and do not imitate the Jews.” (Tahawi, Sharh Ma’ani
al-Athar, 4/230)
4) Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that
the Messenger of Allah (Allah bless him & give him peace) ordered the
trimming/clipping of moustaches and the leaving of the beards.” (Sahih
Muslim, no. 1/222)
In the above Hadiths, the Messenger of Allah (Allah bless him & give him
peace) categorically commanded the keeping of the beard in many different
ways, and with using different words. In the English translation of the
above narrations (Hadiths), it is not possible to clearly observe the
different wordings used. However, those who may look at the original Arabic
text of these narrations will see that the Messenger of Allah (Allah bless
him & give him peace) used different phrases and words to emphasise the
keeping of the beard.
The great Hadith master, Imam al-Nawawi (Allah have mercy on him) states in
his renowned commentary of Sahih Muslim:
The words: A’fu, Awfu. Arkhu, Arju and Waffiru have all been used; the
meaning of all of which is to leave the beard as it is.” (Sharh Sahih
Muslim, 3/151)
In the above narrations, the Messenger of Allah (Allah bless him & give him
peace) explicitly commanded the growing of the beard. According to the
scholars of the “science of juristic principles” (usul al-Fiqh), the
explicit command (amr) of the Qur’an and Sunnah signifies the obligatory
nature of an act (al-Amr li al-Wujub) unless otherwise proven. (See, for
example: al-Nasafi, Kashf al-Asrar Sharh al-Manar, 1/37 for the Hanafi
school, al-Baji, Ihkam al-Fusul fi Ahkam al-Usul, p.79 for the Maliki school,
al-Shirazi, al-Luma’ for the Shafi’i school and Ibn Badran, Nuzhat al-Khatir
al-Atir, 2/43 for the Hanbali school).
The Messenger of Allah’s (Allah bless him & give him peace) constant
practice was also that of keeping a beard:
5) Abu Ma’mar relates that we asked Khabbab (Allah be pleased with him)
whether the Messenger of Allah (Allah bless him & give him peace) used to
recite the Qur’an in the Zuhr and the Asr prayers. He replied in the
affirmative. We said, “How did you come to know of this?” He replied, “From
the movement of his beard.” (Sahih al-Bukhari1/971 & Sunan Abu Dawud, no.
801)
6) Sayyiduna Anas ibn Malik (Allah be pleased with him) narrates that when
the Messenger of Allah (Allah bless him & give him peace) performed ablution
(wudhu), he would take a handful of water and put it under his jaws and pass
it through his beard. He said, “This is what my Lord ordered me to do.” (Sunan
Abu Dawud, no. 145, Sunan al-Bayhaqi, 1.54 and authenticated by al-Hakim)
7) Sayyiduna Jabir ibn Abd Allah (Allah be pleased with him) narrates that
the Messenger of Allah (Allah bless him & give him peace)…….had a thick
beard….” (Sahih Muslim, no. 1823)
The four Sunni schools of Islamic law (madhhabs) also quite clearly mention
the impermissibility of shaving the beard:
The Hanafi School
The great Hanafi jurist, Imam al-Haskafi (Allah have mercy on him) states in
his Durr al-Mukhtar:
“It is unlawful for one to trim his beard….And as for shortening it when it
is less than a fistful, as some North Africans and effeminate men do, this
is something no one (i.e. of the Hanafi scholars) has said is
permitted.”(See: Radd al-Muhtar ala al-Durr al-Mukhtar, 2/113, Kitab al-Sawm)
This position is also confirmed in other works, such as al-Bahr al-Ra’iq,
Fath al-Qadir, al-Fatawa al-Hindiyya, Bada’i al-Sana’i and al-Ikhtiyar.
The Maliki School
Imam al-Dasuqi (Allah have mercy on him) states:
“It is unlawful (haram) for a man to shave off his beard, and the
perpetrator will be disciplined.” (Hashiyat al-Dasuqi ala Sharh al-Kabir,
1/90, Kitab al-Taharah)
The Shafi’i school
It is stated in Sharh al-Ubab:
“The two shaykhs of the school (i.e. Nawawi & Rafi’i) state that it is
Makruh (disliked) to shave the beard, but Ibn al-Rif’a objected to this
stating that Imam Shafi’i (Allah have mercy on him) himself categorically
mentioned in his book “al-Umm” that shaving the beard is unlawful (haram).
Imam al-Azra’i said that the correct position of the school is that, to
shave the beard without a valid medical reason is unlawful.” (Sharh al-Ubab
& Hashiya Ibn Qasim al-Abbadi, 9/376)
Imam Ibn Qasim al-Abbadi also stated in his Hashiya:
“It is said that, shaving of the beard is unlawful.” (See: Hashiya Ibn Qasim
al-Abbadi ala Tuhfat al-Muhtaj, 2/468, Kitab al-Salat)
The Hanbali School
Imam al-Bahuti (Allah have mercy on him) states:
“(From the acts of nature (fitrah) is to lengthen the beard in a way that it
should not be trimmed at all. It is stated in the school that, this is as
long as it does not become abnormally long in a way that it causes
abhorrence. And it is unlawful (haram) to shave it off.” (Kashaf al-Qina’,
1/75).
This is also confirmed in the other major Hanbali works, such as: al-Insaf,
1/121 by al-Mawardi, Sharh Muntaha al-Iradat, 1/85 by al-Bahuti and al-Rawdh
al-Murbi’, 27-28 also by al-Bahuti.
The above statements of the Messenger of Allah (Allah bless him & give him
peace) and the statements of the jurist (fuqaha) go a long way in proving
that to shave the beard (or trimming it to a very thin line which in effect
is shaving) is unlawful (haram). A Muslim (and especially one who classes
himself to be practicing) can never look with favour towards the act of
shaving the beard.
Length of the beard
As far as the length of the beard is concerned, there is no doubt in the
fact that the practice of the Mercy of both worlds, the Messenger of Allah
(Allah bless him & give him peace) and his Companions (Allah be pleased with
them all) was that of keeping and growing the beard to at least a fistful.
The Hadith quoted above from Sahih al-Bukhari, wherein Khabbab (Allah be
pleased with him) said that, they (sahaba) came to know of the Messenger of
Allah (Allah bless him & give him peace) reciting in his prayers due to the
movement of his beard, is a clear proof of this. One can imagine the length
of the Messenger of Allah’s beard if the Companions could see it moving from
standing behind him in prayers.
Similarly, there are other narrations that clearly state that the Messenger
of Allah (Allah bless him & give him peace) had a very thick and copious
beard.
Imam al-Bukhari relates in his “Sahih” from Sayyiduna Abd Allah ibn Umar
(Allah be pleased with him) that the Messenger of Allah (Allah bless him &
give him peace) said: “Do otherwise than those who ascribe partners to Allah
(al-mushrikin): leave beards, and trim moustaches.” And Ibn Umar, when he
went on Hajj or Umra, would grasp his beard with his hand, and removed what
was in excess of it.” (Sahih al-Bukhari, 7/206)
Other Companions such as Abu Hurayra and Umar ibn al-Khattab (Allah be
pleased with them all) are also reported to have trimmed their beards to a
fistful, thus the practice of the Sahaba, who understood the Sunnah more
than anyone else, is a clear proof on the permissibility of trimming the
beard to a fistful.
The great Hanafi jurist, Imam Ibn Abidin (Allah have mercy on him) states:
“when a narrator (Ibn Umar, in this case), does something in contradiction
to what he has narrated (the words “leave/grow beards”), it indicates that
the original ruling (of not trimming the beard at all) has been superseded
(mansukh) by a subsequent one–permitting the beard to be trimmed, in this
case. But trimming it when it is already less than a handful is not
permissible in the Hanafi school (Ibn Abidin: Radd al-muhtar ala al-durr
al-mukhtar, 2/113)
Thus, as also quoted earlier, the Hanafi
School is quite clear, in that it is unlawful to trim the beard shorter
than a fistful, as mentioned by both Imam al-Haskafi and Imam Ibn Abidin.
There is also an opinion in the school that, to trim the excess hair of a
fistful is necessary (wajib), although the preferred opinion is that it is
recommended (mandub) to trim it to a fistful. (See: Durr al-Mukhtar)
The Maliki School is
also quite clear in that it is impermissible to trim the beard unless it is
extremely long. However, they don’t restrict this to a fistful.
Imam Shaykh Ali al-Sa’idi al-Adawi (Allah have mercy on him) states:
“There is nothing wrong (in the sense that it is recommended) in trimming
the beard if it is exceptionally long…..It will be impermissible to trim it
if it was not long enough or was only slightly long. Some commentators (on
the risala) explained the meaning of “lengthiness” (kathra) that which is
considered to be abnormal, for leaving (such a lengthy beard) causes
abhorrence in one’s appearance…….I would say: Some commentators have
mentioned that trimming the beard when it has not grown (very) long will be
unlawful similar to shaving it. But the apparent interpretation (of the
text) is that the point of prohibition – as we have already demonstrated to
you – is when clipping results in disfigurement (muthla), and this clear in
the absence of lengthiness or when it is slightly long and one goes
overboard in trimming. As for when it is (very) long and clipping it doesn’t
produce disfigurement, then the apparently correct interpretation is that it
is contrary to what is more appropriate (khilaf al-awla).” (Hashiya of
Shaykh Ali al-Adawi on the commentary (sharh) of Imam Abu al-Hasan to the
Risala of Ibn Abi Zayd al-Qayrawani, 1/409/410)
Imam al-Qarafi (Allah have mercy on him) states:
“From the nature (fitrah) is the lengthening of the beard unless it becomes
extremely long (Jiddan), in which case, it would be recommended to trim it.”
(al-Zakhira, 13/278)
The Shafi’i school,
which is the most liberal on the beard issue, states that it is disliked
(makruh) to trim the beard.
Imam al-Nawawi (Allah have mercy on him) states:
“The correct opinion is that it is disliked to trim the beard unrestrictedly
(mutlaqan), rather, it should be left uncut however it grows.” (al-Majmu’,
1/290)
Imam Ibn Hajar (Allah have mercy on him) says in his Tuhfa:
“The outward purport (dhahir) of what our imams say is that it is
unconditionally disliked to trim the beard.” (Tuhfat al-Muhtaj, 9.376)
The Hanbali School mentions
that to leave the beard is necessary, and permissible to trim it to a
fistful. (See: Kashaf al-Qina’, 1/75)
The upshot of all of the above is that, all the four schools of Islamic law
regard the trimming of the beard less than a fistful as blameworthy
(unlawful, according to the three schools and disliked according to the
Shafi’i school). Thus, one should not trim his beard less than a fistful.
Scholars and those associated to Da’wa work must take extra care with
regards to this. Even if trimming the beard less than a fistful is
considered to be disliked, it is unfitting for a person active in Islamic
work to involve himself in such a practice, for a person is more effective
with his actions than his words.
Some individuals try to justify the shaving of the beard using many excuses,
such as, it could be an obstacle in the way of effective Da’wa, etc, but
these excuses are just that. When we have the clear guidance from the
Messenger of Allah (Allah bless him & give him peace), then there is no
other way for us other than that of the Messenger of Allah (Allah bless him
& give him peace)
If the service to Islam and Muslims is done with adherence to the laws of
Shariah, then one will be rewarded. However, service to Islam and the
Muslims, whilst forgoing the injunctions of Islam is neither effective nor
acceptable by Allah Almighty.
Consider the following incident recorded by Imam Ibn Kathir in his al-Bidaya
wa al-Nihaya, Imam al-Tabari in his Tarikh and Imam Ibn al-Athir in his
al-Kamil fi al-Tarikh:
“When the Messenger of Allah (Allah bless him & give him peace) wrote a
letter to the King of Persia (kisra) inviting him to Islam, he (kisra) tore
the latter apart and then sent two of his people to the Messenger of Allah
(Allah bless him & give him peace). When they entered onto the Messenger of
Allah (Allah bless him & give him peace), their beards were shaven and they
had grown a big moustache, the Messenger of Allah (Allah bless him & give
him peace) disliked to even look at them, and said; “Who commanded you to do
this? They replied that their Lord (kisra) had ordered them to do so. The
Messenger of Allah (Allah bless him & give him peace) said, “But my Lord has
ordered me to shorten my moustache and lengthen my beard….” (al-Bidaya
Wal-Nihaya, 4/269/270)
In the above episode, the Messenger of Allah (Allah bless him & give him
peace) disliked even to look at the Messengers of Kisra, for they had grown
their Moustaches and shaved off their beards. This should serve as a great
deterrent for all those who do not want to hurt the Messenger of Allah
(Allah bless him & give him peace) in any way, and thus abstain from any
practice that would be disliked by him.
Before parting with the issue, I would like to mention that, the position
taken above is according to my understanding of the Islamic ruling with
regards to the beard, and this is what I have learnt from the majority of my
teachers. This is also the position held by the scholars of the Indian
Subcontinent and elsewhere.
However, there are other major scholars, especially in the Middle East, who
hold a more lenient position with regards to the trimming of the beard. And,
as you have seen, that there is nothing clear and decisive in the Shafi’i
school stating that the beard must be grown to a fistful unless one will be
sinful, thus many great Shafi’i scholars (from Yemen, for example) do not
consider growing the beard to a fistful as obligatory, rather merely
somewhat disliked if not kept.
Therefore, it is necessary that we have full conviction in what we believe
and respect the opinions of others, as long as it falls into the category of
valid Ijtihad. The most one may do is offer sincere advice (nasiha) while
respecting others’ right not to follow the opinion one believes to be
correct. This is the path of tolerance, and mercy.
The ruling on
Moustache
The trimming and shortening of the moustache has been emphatically mentioned
in many narrations of the Messenger of Allah (Allah bless him & give him
peace), as we have seen above, thus, there is no need to repeat these
narrations.
The Hadiths from the Messenger of Allah (Allah bless him & give him peace)
mention two things:
1) Some state, “Shorten your moustaches.”
2) Others state, “Remove your moustaches.” (See: Sahih al-Bukhari and Sahih
Muslim).
Thus, all the Schools of Islamic law agree on the fact that, it is
impermissible to leave the moustache in a way that it covers the upper lip,
for it is against the Sunnah and unhygienic, especially when eating. It
would be unlawful to grow a very long moustache, as is customary in many
people.
Zayd ibn Arqam (Allah be pleased with him) narrates that the Messenger of
Allah (Allah bless him & give him peace) said: “Whosoever does not shorten
his moustache is not one from us.” (Sunan Tirmizi, no. 2761, Sunan Nasa’i,
no. 14 and Musnad Ahmad, 4/366, and Imam al-Tirmizi classed it to be
authentic).
Sayyiduna Abd Allah ibn Abbas (Allah be pleased with him) narrates that the
Messenger of Allah (Allah bless him & give him peace) used to trim or take
from his moustache, and the friend of Allah (khalil), the Prophet Ibrahim
(blessings be upon him) would also do the same.” (Sunan Tirmizi, no. 2760
and Musnad Ahmad, 1/301)
However, the scholars differ as to whether it is better to shorten the
moustache or remove it and shave it altogether.
The relied upon opinion in the Hanafi School is that, it is even better to
remove one’s moustache, though the sunnah is achieved by shortening it
such that it no longer covers the upper lip.
Imam Ibn Abidin (Allah have mercy on him) states that the opinion of shaving
off the moustache being a Sunnah, was chosen by many scholars. (Radd
al-Muhtar)
Imam al-Tahawi said that it is a Sunnah to shave the moustache, and it is
better than shortening it, affirming that this is the position of Abu Hanifa
and both his main students (Allah have mercy on them). (See: Tahawi, Sharh
Ma’ani al-Athaar, 4.229,
He also reported, with his authentic chains of transmission, that this was
from the practice of great Companions, including Abd Allah ibn Umar, Abu
Hurayra, Abu Sa’id al-Khudri, Abu Usayd al-Sa’idi, Rafi’ ibn Khadij, Jabir
ibn Abd Allah, Anas ibn Malik, and others. (ibid.)
Imam Ahmad ibn Hanbal (Allah have mercy on him) used to shave his moustache,
thus the Hanbali position is also similar to that of the Hanafis. The Maliki
School states that the moustache should not be completely removed, rather
only shortened. The Shafi’is also hold a similar view.
This is what I have, and Allah knows best.
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK
What is the Ruling of Shaving and Shortening the Beard in the
Shafi’i School?
Answered according to Shafi'i Fiqh by Seekersguidance.org by the
Scholar: Shaykh Amjad Rasheed
https://islamqa.org/shafii/seekersguidance-shafii/168652/what-is-the-ruling-of-shaving-and-shortening-the-beard-in-the-shafii-school/
Question: What is the position of the Shafi`i school regarding shaving
and shortening the beard without any excuse ?
Answer: In the Name of Allah, Most Merciful and Compassionate
I have been asked this question on many occasions, sometimes by people
living in Arab lands, other times by people living in the Indian
subcontinent, and other times by Muslims in the United Kingdom. At the top
of the list of questioners is my dear brother, the great and noble shaykh,
Faraz Rabbani, may Allah make him a long-lasting source of benefit. The
questioners have asked me to clarify the position of our Shafi`i imams
regarding this issue in order to put an end to the disagreement that is
raging between opposing factions. I ask Allah to grant me success in
conclusively explaining the correct position.
Introduction
It is important at the outset to know that: [ a ] keeping a full-length
beard is an sunna that is established from both the practice and command of
the Prophet [ Allah bless him and give him peace ], that [ b ] keeping a
beard is a distinctive mark of Muslim men, especially the scholars and the
righteous among them, and that [ c ] there is scholarly agreement that to
completely shave off the beard without any excuse is blameworthy. I know of
no Muslim scholar of any of the four schools’whether an early scholar or a
late scholar’or of any other school who ever said that it is unconditionally
permissible to shave one’s beard.
All of the above is all based on the following rigorously authenticated
hadiths of the Prophet Muhammad (Allah bless him and give him peace) that
command us to grow full beards in order to be different from the Magians and
the polytheists. Imam Bukhari narrated from Nafi` from Ibn `Umar [ may Allah
be pleased with both of them ] from the Prophet [ Allah bless him and give
him peace ] that he said, “Be different from the polytheists: let your
beards grow full and shorten your moustaches.”
Imam Muslim narrated from Abu Hurayra (may Allah be pleased with him) that
he said: The Prophet [ Allah bless him and give him peace ] said, “Crop your
moustaches and leave your beards alone [ in order to ] be different from the
Magians.” Imam Muslim also narrates a hadith via the Lady `A’isha [ may
Allah be pleased with her ] in which the Prophet [ Allah bless him and give
him peace ] said, “Ten things are from the natural human disposition [ fitra
] .” One of the ten things that he mentioned was growing a full beard.
After agreeing that keeping a full beard is encouraged in Sacred Law,
scholars have differed regarding its exact ruling. The majority of scholars
have understood the above-mentioned hadiths?all of which command Muslims to
grow full beards?in their immediately obvious sense, coming to the
conclusion that it is unlawful to completely shave the beard. This position
has been transmitted from the imam of our school, Imam Shafi`i [ may Allah
be pleased with him and have mercy on him ] , and a number of Shafi`i
scholars ‘both early and late’ have adopted it as their preferred position.
Among the early Shafi`is who held this position are the two great imams,
Qaffal al-Shashi and Abu `Abdullah al-Halimi. Among the late Shafi`is who
held this position are the two imams, Ibn al-Rif`ah and Shihab al-Adhra`i.
The official position of the Shafi’i school
Despite all of the above, the two great verifying scholars of the Shafi`i
school, Imam Abul Qasim al-Rafi`i and Imam Abu Zakariyya al-Nawawi, in
accordance with the position of Imam Ghazali, have ruled that to keep a full
beard is merely recommended, not obligatory, and that it is neither unlawful
to shave it nor to shorten it, even when this is done without an excuse. It
is, however, disliked to shorten or shave the beard because it contravenes
the prophetic command to grow a full beard.
The role of Imam Rafi`i and Imam Nawawi in the Shafi`i school was to sift
through and re-evaluate the various conflicting opinions of the preceding
Shafi`is in order to determine the official position of the Shafi`i school.
It is a well-known rule among the late scholars of the Shafi`i school that
the official, relied-upon position of the Shafi`i school is whatever is
determined as such by these two scholars of verification, even if other
scholars disagree with them, no matter how high the rank of these
disagreeing scholars may be. Whenever Imam Rafi`i and Imam Nawawi disagree,
precedence is given to the recensions of Imam Nawawi. Because of their
central role in the Shafi`i school, the Shafi`is who came after Nawawi and
Rafi`i them gave the two imams the honorific title of “the two shaykhs” [
al-shaykhayn ].
It was mentioned above that both these imams agreed in their recension that
to shave or shorten the beard is disliked. Out of deference to their
recension, this position was also adopted by the vast majority of late
Shafi`i scholars. Below I quote from their works in order to prove that the
relied-upon position of the Shafi`i school is that to shave or shorten the
beard is disliked, and that the position of those Shafi`is who held that to
shave or shorten it is unlawful is considered a weak position in the school.
1:
After quoting the statement of Imam al-Halimi in his Minhaj, “It is not
permissible for anyone to shave his beard or his eyebrows,” the great
scholar and hadith-master, Ibn al-Mulaqqin commented, “His position
regarding shaving the beard is a wonderful position, despite the fact that
the position that is prevalent in the school is that it is [merely] disliked.
“[ Ibn al-Mulaqqin, al-I`lam bi fawa’id `umdat al-ahkam, 1.711?712 ]
2:
In the Chapter on `Aqiqa in his interlineal commentary on the Rawd of the
Yemeni scholar, Ibn al-Muqri, Shaykh al-Islam Zakariyya al-Ansari said, and
[ : it is disliked to prefer beardlessness and pleasant looks by ] plucking
it [ i.e. , the beard when it first sprouts ].
The author of the marginal glosses on this work, Imam Ahmad al-Ramli, who
was one of the greatest Shafi`i scholars of his time, remarked on the above
by saying, Just as it is disliked to pluck the beard, it is also disliked to
shave it. Halimi’s statement in his Minhaj that, “It is not permissible for
anyone to shave his beard or eyebrows,” is therefore weak
3:
Imam Ahmad al-Ramli also stated this explicitly in his collection of legal
answers. The Chapter of `Aqiqa in his Fatawa says, [ Question: “Is it
unlawful to shave or pluck the hair on the chin or not ?” Answer: “For a man
to shave his beard is disliked, but not unlawful. Imam al-Halimi’s statement
in his Minhaj that ‘It is not permissible for anyone to shave his beard or
eyebrows,’ is a weak position” ]
4:
Imam Ahmad al-Ramli’s son, Imam Muhammad al-Ramli’ whose works are relied
upon by the late Egyptian Shafi`is for the issuing of formal legal opinion [
fatwa ]said in the Chapter of `Aqiqa in the “Nihaya” : “It is recommended to
part and comb one’s hair, and to comb one’s beard. It is disliked to pluck
or shave the beard.”
5:
The great scholar, Shaykh al-Islam Ibn Hajar al-Haytami “whose works are
relied upon for issuing formal legal opinion [ fatwa ] among most Shafi`is
in the world” explicitly stated that it is disliked to shave one’s beard and
that the position of its unlawfulness is a weak position in the school. His
words in the Chapter of `Aqiqa in the Tuhfa are: “…..Here [ i.e., at the end
of the Chapter of `Aqiqa ], scholars normally mention the actions related to
the beard and other [ types of hair ] that are disliked. These [ disliked
actions ] include plucking or shaving the beard or eyebrows. This is not
contradicted by the statement of Halimi that this is “not permissible”
because it is possible to understand his words as negating the mere
neutrality of the act. As for the statement of Imam Shafi`i that is [purportedly]
in agreement with [Imam Halimi’s words], if it was expressed using the words,
“it is not permissible”, it is understood in the same way that Imam Halimi’s
words were understood above. Otherwise, if it was expressed using the words,
“it is unlawful,” it will be against the relied-upon position of the school.
It has been rigorously authenticated in a hadith narrated by Ibn Hibban that
‘The Prophet [ Allah bless him and give him peace ] used to trim his beard
from its bottom and its sides.’ This appears to be the basis of Ibn `Umar’s
practice [ may Allah be pleased with him and his father ], who used to grasp
his beard with his fist and remove the beard hair that was beyond a fistful.
The command to let one’s beard grow copious [ i.e. to not trim it at all ]
has, however, been established in the rigorously authenticated compilations
of Bukhari and Muslim, and this command is given precedence over the above
practice because it is more authentic, and because it is possible to
interpret [ the practice in accordance with the command by understanding the
Prophet’s [ Allah bless him and give him peace trimming his beard ] as an
explanation of the fact that the prophetic command was merely to establish
recommendation, [ not obligation ].
This latter interpretation is preferable to the interpretation that the [
prophetic and companion practice of shortening the beard ] applies to when
the beard becomes unusually long because the immediate purport of the words
of our [ Shafi`i ] imams is that it is always disliked to trim the beard [
no matter how long it grows ]. The claim of those who say that this spoils
one’s appearance is rejected by the fact that one’s appearance is only
spoiled when one does not wash or oil one’s beard [ not by merely letting it
grow without trimming it ]. Adhra`i’s personal investigation led him to the
conclusion that it is disliked to shave whatever is above the neck, and
others said that this is permissible….”
First objection: What about dissenting opinions in the Shafi’i school ?
In his marginal glosses on the above-quoted words of Ibn Hajar, Ibn Qasim
quoted the following passage from another one of Ibn Hajar’s works, “…..The
two imams, Rafi`i and Nawawi, said that it is disliked to shave the beard.
Ibn al-Rif`ah objected to this in his marginal glosses on the ‘Kafiyah’ ,
saying that Shafi`i [ Allah be pleased with him ] said in his ‘Umm’ that [
to shave the beard ] is unlawful. Zarkashi added that this was also stated
by Halimi in ‘Shu`ab al-Iman’, and by his teacher, Qaffal al-Shashi in his
‘Mahasin al-Shari`ah’. Adhra`i said, ‘The correct position is that it is
unlawful to completely shave it without excuse as the Qalandari’s do’….”
In reality, Ibn Qasim’s comments do not contradict Ibn Hajar’s recension
because he clearly begins by explicitly stating the recension of the two
Imams ‘Rafi`i and Nawawi’according to which it is disliked to shave the
beard. Only afterwards does he proceed to mention the opinions of the
dissenting scholars. [ Someone who is trained in the terminology and
mechanics of the Shafi`i school will immediately understand from this that
the recension of Imam Rafi`i and Imam Nawawi ] is the official, relied-upon
position of the school because the late scholars of the Shafi`i school
explicitly state that the official position of the school is the recension
of the two Imams, Rafi`i and Nawawi, and that the Shafi`i scholars who hold
dissenting opinions are simply to be ignored.
It has even been transmitted from Imam Jamal al-Din al-Isnawi ‘who
extensively objected to the recensions of the two imams on many issues’ that
whenever he was asked to answer a legal question, he would [ submit to the
authority of the two imams and ] answer according to the Rawda of Imam
Nawawi, even when he had personal objected to Nawawi’s particular conclusion
in the book Muhimmat. Similarly, Imam Sha`rani relates from Imam Suyuti that
he said, “…..Even when I became qualified to independently determine the
official, relied-upon position of the school, I refrained from going against
the recensions of Nawawi, regardless of whether I personally reached a
different recension …”
Such quotes should apprise you of the tremendousness of this great scholar [
i.e. Nawawi ] with respect to sifting through the positions of the school,
and how even the greatest scholars after him submitted to this conclusions.
The words of our late scholars in this regard are well-known, and I will
therefore suffice myself with the words of Imam Ahmad al-Ramli in the last
chapter of his collection of legal opinions, which are printed in the
margins of the Fatawa of Ibn Hajar:
Question:
If a statement of Shafi`i that was made in the latter period of his life
contradicts the recension of the two imams, Rafi`i and Nawawi, then which
position is given precedence ? If you say, that Shafi`is statement [ is
given precedence ] , then why do the scholars of our times object so
strongly to whoever goes against the words or positions of the two imams ?
Both these imams have stated that for someone who is not qualified to infer
legal rulings directly from the Quran and sunna, the words of Imam Shafi`i
are like a decisive proof [ from the primary sources ] , so how could they
then ignore [ some explicit statements of their imam ] and adopt the
positions of other Shafi`is ?
Answer:
It is well-known that the two imams exerted their utmost in sifting through
the various positions in the school in order to determine the official,
relied-upon position. This is why all the pious scholars who came after them
concerned themselves with their recensions, and [ this is why ] the scholars
of exacting verification who preceded us busied themselves with determining
their recensions, adopting their conclusions with acceptance and submission,
and adducing many proofs to support their position. When one of the two
imams disagrees with the other, precedence is given to the recension of Imam
Nawawi, the verifier of the school, which is only because of the purity of
his intentions and his inward genuineness.
A number of scholars have objected to the recensions of the two imams [ and
other scholars ] by saying that they contravene the explicit statements of
Imam Shafi`i. These objections are being raised with increasing frequency,
to the point that it has even been said that the words of Imam Shafi`i with
respect to the scholars of his school are like the words of the Lawgiver
with respect to Shafi`i and other mujtahid imams, and that it is not
permissible to exercise legal reasoning in the presence of a clear text.
This objection does not hold weight because it describes what a
non-specialist must do [ when faced with explicit statements of Imam Shafi`i
]. As for a specialist who has deep knowledge of the Shafi`i school, he is
qualified to exercise limited ijtihad [ ijtihad muqayyad ]. This was the
case with the early Shafi`i scholars who extended and extrapolated the words
of Imam Shafi`i [ ashab al-wujuh ] : such scholars reached a level of
knowledge that enabled them to extend and weigh between various positions in
the school. [ This is how the recensions of the two imams are understood. ]
Whenever they abandon an explicit statement of Imam Shafi`i, they do so [ in
full knowledge of its existence and leave it ] because it is weak or because
it is an extension of a weak position. [ This is similar to the practice of
many of the early Shafi`i scholars, who ] went against the explicit
statements of Imam Shafi`i because they contradicted the general principles
that he himself had established. [ Instead of acting according to the
immediate purport of such explicit texts, they ] interpreted them
figuratively .
One should therefore not object to the great Shafi`is for going against the
explicit statements of their imam. It is also not acceptable to infer from
the existence of explicit statements of Imam Shafi`i that go against the
positions of such Shafi`is that they were ignorant of the position of Imam
Shafi`i. To the contrary, [ their deep knowledge of the school dictates that
] they were most likely aware of such statements and abandoned their
immediately obvious meanings because of some other proof. By doing so, they
are still said to be following Imam Shafi`i, just as when a mujtahid imam
goes against the immediately obvious meaning of a hadith or Quranic verse in
light of some other proof, he is still said to be following the Quran and
sunna. In this there is sufficiency for anyone who examines the matter in an
unbiased manner.
Second objection: What about dissenting opinions outside the Shafi’i school
?
After understanding all of the above, you should understand that most
scholars ‘even those who believed that it was obligatory to keep a full
beard’ did not hold shortening the beard to be absolutely unlawful. Rather,
they permitted the trimming of the beard from its bottom and sides. [ After
agreeing on the permissibility of shortening ] they then differed whether or
not there was a limit to the extent that it may be shortened.
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Beard and Coronavirus
Imam Nawawi said in his commentary on Sahih Muslim, “….Qadi `Iyad [ Allah
have mercy on him ] said that to shave, shorten, or singe off the beard is
disliked, but that to trim it from the bottom and the sides is praiseworthy,
and that it is disliked to grow it so large that it attracts undue attention,
just as it is disliked to shorten or crop it. He also said that the early
Muslims disagreed whether or not there was a maximum limit to which the
beard should be left to grow: some held that there was no limit, but that
one should not let it grow so long that it attracts attention – and Malik
disliked making it extremely long – whereas others limited the praiseworthy
length of the beard to a fistful [ and that whatever is beyond a fistful
should be removed ] , and yet others held that it is disliked to trim the
beard except after Hajj or `Umra.
One of those who used to trim the beard from its bottom and sides was the
great companion, our master `Abdullah b. `Umar [ may Allah be pleased with
him and his father ] , who was famous among the companions for his
scrupulousness in imitating the Prophet [ Allah bless him and give him peace
] in every matter. He is the one who related the above-mentioned hadith in
Sahih al-Bukhari [ that commands us to grow full beards ] , and at the end
of the selfsame hadith ‘with the same chain of transmission that is
contiguously connected to Nafi`, as stated by the hadith master Ibn Hajar in
his commentary on Sahih al-Bukhari’ it says, “When he did Hajj or `Umra, Ibn
`Umar would grasp his beard with his fist and remove whatever was beyond a
fistful.” Commenting on this hadith, the hadith master Ibn Hajar said, “Its
immediately obvious meaning is that Ibn `Umar did not merely specify the
prophetic command [ to let one’s beard grow ] with respect to pilgrimage,
but that he interpreted the command of leaving the beard to grow as not
applying to situations where the beard grows so long that it spoils one’s
appearance by becoming excessively long at the bottom or at the sides.” Ibn
Hibban also narrates in his Thiqat from `Amr b. Ayyub b. Abu Zur`ah from his
grandfather Abu Zur`ah b. `Amr that he said, “Abu Hurayrah used to grasp his
beard with his fist and remove from it whatever was beyond a fistful…..”
It is clear from the above-mentioned quote from Qadi Iyad, from what Bukhari
narrated from Ibn `Umar, and from what Ibn Hibban narrated from Abu Hurayrah,
that large numbers of early Muslims [ may Allah be pleased with them ] held
that it was permissible to trim the beard from the bottom and sides, but
that they disagreed whether or not there was a limit to the extent to which
the beard could be shortened, and whether the permissibility of trimming
merely applied to the pilgrimage or whether it was generally applicable to
all situations.
This [ overwhelming agreement regarding the permissibility of trimming the
beard ] goes against the immediately obvious meaning of the preceding
hadiths, which seems to imply that it is impermissible to trim the beard at
all. Their interpretation thus indicates that there is flexibility in this
matter, and that the preceding hadiths are not interpreted in a general
manner because of other evidences that indicate the contrary. [ If you
examine this closely, you will see that the position of the Shafi`i school
is not very different from the position of the scholarly majority because
neither of them interpret the hadiths literally in a general manner. ] The
only difference is that the scholarly majority went against the immediately
obvious meaning of the hadiths by permitting one to trim the bottom and the
sides, whereas our scholars ‘according to the relied upon position in our
school’ went against the immediately obvious meaning by interpreting the
prophetic command as a command of recommendation rather than a command of
obligation.
There is nothing that more decisively establishes the non-literal
interpretation of these hadiths than the above-mentioned action of Ibn `Umar,
who is the narrator of the very hadith that is under discussion. For Ibn `Umar?despite
his proverbial avidness is imitating the Prophet [ Allah bless him and give
him peace ] in every respect?believed that the prophetic command to let
one’s beard grow was not an unqualified command but that ‘as explained by
the hadith master Ibn Hajar’ it was understood as applying to situations
that do not spoil one’s appearance by one’s beard becoming excessively long
at the bottom or the sides..
Another proof that the prophetic command in these hadiths is a command of
recommendation rather than a command of obligation is that the hadiths
command both [ a ] the growing of full beards and [ b ] the shortening of
moustaches. In his commentary on Sahih Bukhari, the hadith master Ibn Hajar
relates from the great scholar, the hadith master Ibn Daqiq al-`Id that he
said, “…I don’t know of anyone who held that it is obligatory to shorten the
moustache in and of itself…” If no one in the knowledge of Ibn Daqiq al-`Id
ever interpreted the command to shorten one’s moustache in its immediately
obvious sense of obligation, then it is perfectly plausible to extend this
non-literal interpretation to the prophetic command to grow full beards by
saying that the prophetic command to grow full beards is a command of
recommendation, not one of obligation.
Third objection: Doesn’t the command to distinguish oneself from other
religions imply obligation ?
A possible objection that may be raised is that the hadiths command us to be
different from people of other religions by lengthening the beard and
shortening the moustache, which implies that it is unlawful to conform to
them in their practices, and these practices include shaving beards and
allowing moustaches to grow long. The response to this objection is that it
has already been mentioned that ‘according to Ibn Daqiq al-`Id’ shortening
the moustache is not obligatory by scholarly agreement. This indicates that
scholars did not hold that merely conjoining a matter with a command to be
different from people of other religions makes the command a command of
obligation. If this is possible with respect to the shortening the moustache,
it is equally possible with respect to lengthening the beard.
This is further evidenced by the scholarly disagreement regarding a
different hadith that Bukhari relates from Abu Hurayrah, in which the
Prophet [ Allah bless him and give him peace ] said, “Verily, the Jews and
Christians do not dye their hair, so be different from them.” By commanding
us in this hadith to be different from the Jews and Christians, the Prophet
[ Allah bless him and give him peace ] is, in effect, commanding us to dye
our hair, and the immediately obvious meaning of a command is one of
obligation. Despite this, we find that major prophetic companions [ may
Allah be pleased with them all ] differed regarding the ruling of dyeing
one’s hair. The hadith master Ibn Hajar says in his commentary on this
hadith: There is disagreement whether or not one should dye one’s hair: Abu
Bakr, `Umar, and others dyed their hair ‘as mentioned previously’ whereas
`Ali, Ubayy b. Ka`b, Salamah b. Akwa`, Anas, and a group of other companions
did not dye their hair. Tabari resolved this difference in practice by
saying that the companions who dyed their hair were those for whom dyeing
was more appropriate because their white hair spoiled their appearance,
whereas those who did not dye their hair were those whose white hair did not
spoil their appearance.
This is how the Prophet’s [ Allah bless him and give him peace ] hadith in
Sahih Muslim is understood where, upon seeing Abu Quhafah’s head as white as
the thughamah plant, he said, “Change this, but avoid black.” . [ The
thughamah plant is a plant whose flowers and fruit are both extremely white
]. For someone like Abu Quhafah, then, it is recommended to dye one’s hair
because it does not comprise deceit. For someone unlike him, it is not
specifically recommended to dye one’s hair, although it is superior for
everyone to dye their hair because it comprises fulfilling the command to be
different from the People of the Book .
It is farfetched that the companions who did not dye their hair, like`Ali,
Ubayy, Anas, and others who closely kept the company of the Prophet [ Allah
bless him and give him peace ] would not be aware of the fact that the
Prophet [ Allah bless him and give him peace ] used to dye his hair and that
he commanded Muslims to dye their hair in order to be different from the
Jews and Christians. Despite this, we find that not only did they not hold
dyeing to be obligatory, but they did not dye their hair at all, and this
does not diminish their high rank in the slightest.
The position of our Shafi`i imams regarding growing a full beard is similar
to the above. In other words, they hold that to grow a full beard is a
confirmed sunna because of the Prophet’s [ Allah bless him and give him
peace ] command to lengthen it and thereby be different from the Magians and
the polytheists, and because it comprises imitating his blessed practice [
may the choicest of blessings and peace be upon him and his folk ]. Imam
Nawawi even held the opinion that the sunna is to completely leave the beard
alone and not to trim it at all, although if one does shorten or shave it,
it is merely disliked and does not comprise any sin. It is clear from the
above that large groups of scholars [ may Allah have mercy on them ] were
aware of hadiths about beautification and cleanliness [ khisal al-fitra ]
that were transmitted in the form of a command, and yet they did not
understand that the command implied obligation. Instead, they understood
that the command was issued in order to establish recommendation or to
merely give advice.
Words of Caution
It is important to point out that someone who shaves his beard in order to
turn away from the sunna, or with the intention of imitating non-Muslims or
people of disobedience out of admiration of them, then this is completely
unlawful without any scholarly disagreement whatsoever. Rather, if someone
does this in order to mock the blessed and pure sunna of our Prophet [ Allah
bless him and give him peace ] then ‘and Allah is our refuge’ this would
constitute disbelief and would take one out of the fold of Islam. I am only
drawing attention to this point because I see that many ignorant Muslims
have been duped by un-Islamic cultural practices that have invaded their
societies: such people should realize the danger of their ways and fix
themselves by turning to Allah Most High in sincere repentance and by
venerating the sunna and the Sacred Law of the Messenger of Allah [ Allah
bless him and give him peace ].
As for someone who merely shaves his beard without any excuse, and without
intending any of the above, then he has committed something that is disliked
and thereby loses out on tremendous reward, but ‘according to the Shafi`i
school’ he is not sinful. As for the statement of the questioner – may Allah
grant him every success – that come scholars say that the relied-upon
position in the Shafi`i school is that it is unlawful to shave or shorten
the beard, its incorrectness has been explained above. It is a well-known
fact that the relied-upon position of any school of law is taken from the
reliable scholars of that school itself. Before a jurist [ mufti ] who is an
expert in one school can convey the position of another school regarding a
matter, he must first learn about the relative levels of the scholars of the
school, about the scholars who are given precedence when there is
disagreement, and about the books that explain the differences within the
school and which of the conflicting opinions is strongest position in the
school. Otherwise, the jurist will fall prey to error, spread strife among
Muslims, and will merely be following his own desires.
It has been made clear above that the position that is deemed strongest by
the two shaykhs, Nawawi and Rafi`i, is the official, relied-upon position of
the school of Imam Shafi`i [ may Allah be pleased with him and have mercy on
him ]. It has also been made clear that if anyone else objects to these two
scholars, their disagreement is simply ignored. If, then, it is established
that these two scholars hold shaving and shortening the beard to be disliked,
and that their position is confirmed by the late Shafi`i scholars whose
works are relied upon for conveying formal legal opinion [ fatwa ] [ whose
words I have quoted above ] , there remains no doubt or uncertainty
regarding the official position of the school regarding the matter. As for
the fact that some great Shafi`i scholars held that shaving and shortening
the beard was unlawful, this is cannot be denied, but it remains a weak
position as far the school is concerned.
Prohibitive dislikedness vs non-Prohibitive dislikedness
As for the statement of the questioner that some scholars say that the
Shafi`is who say that shaving or shortening the beard is disliked actually
mean that it is prohibitively disliked [ makruh tahriman ] , it is incorrect.
This is because whenever a Shafi`i scholar says that something is disliked [
makruh ], he means that it is something that the Lawgiver has non-firmly
asked us to refrain from, such that someone who refrains from it is rewarded,
but someone who performs it is not punished. In other words, when a Shafi`i
describes something as being disliked, he means that it is non-prohibitively
disliked [ makruh tanzihan ] and that performing the action does not entail
any sin.
The concept of prohibitive dislikedness [ karahah tahrimiyyah ] belongs to
the nomenclature of the great and respected scholars of the Hanafi school,
as has been explained in the books of legal methodology [ usul al-fiqh ] ,
but it is foreign to the nomenclature of the Shafi`i school. Although some
Shafi`is have described certain actions as being prohibitively disliked [
makruh tahriman ] , they do not mean what the Hanafis mean when they use the
term. According to the Hanafis, a prohibition that is established by
probabilistic evidence is termed prohibitively disliked [ makruh tahriman ]
whereas a prohibition that is established by definitive evidence is termed
unlawful [ haram ]. When the Shafi`is use the term “prohibitively disliked”,
they mean something quite different: they are merely trying to join between
conflicting scholarly statements when a scholar says at one point that
something is unlawful and at another point that it is disliked. In order to
prevent him from contradicting himself, they interpret his describing
something as “disliked” as being “prohibitively disliked”. This does not
mean at all that when they describe something as being disliked it is, in
fact, prohibited and sinful, as is the case with the Hanafis in certain
sections of their law manuals.
The great Hanafi scholar of exacting verification, Ibn `Abidin al-Shami said
in his Hashiya in the Chapter on Disliked Matters in Ablution, It says in
the book Bahr in the section of disliked matters in prayer, “Disliked
matters in this chapter are of two types: [ 1 ] matters that are
prohibitively disliked – this is how their words are understood when then
they simply describe a matter as being “disliked”, as mentioned in the
chapter of zakat in Fath al-Qadir – and [ 2 ] .” [ This is how the Hanafis
understand the term ]. As for the Shafi`is, when a ruling is described as
being simply “disliked”, then what is meant is “non-prohibitively disliked”.
This is what is established in the books of methodology and law of the
Shafi`i school. The great scholar of legal methodology, Qadi al-Baydawi,
said in the “Minhaj” of legal methodology, by way of explaining the five
rulings according to the Shafi`is: “…. the disliked [ makruh ] is that whose
leaver is praised but whose doer is not blamed ….” Here is an example of a
section from the works of the Shafi`i jurists that corresponds with the
above explanation of the meaning of prohibitive and non-prohibitive
dislikedness in the Shafi`i school.
Imam Khatib al-Shirbini said in al-Iqna` fi hall alfaz abi shuja` in the
Book of Fasting, – It is disliked to fast on a day of doubt – ( i.e. ,
non-prohibitively disliked. Isnawi said, “This is well-known, explicitly
mentioned [ in the works of the Shafi`is ] , and the position of the
majority [ Shafi`is ]. The relied-upon position in the school, however, is
that it is unlawful, [ cf. Rawda, Minhaj, and Majmu ] because of the saying
of `Amman b. Yasir, “Whoever fasts a day of doubt has disobeyed Abul-Qasim [
may Allah bless him and give him peace ].” Note: It is possible to interpret
the [ usage of the term “disliked” ] by the author as “prohibitively
disliked”, whereby his words would correspond to the relied-upon position of
the school. )
Play close attention to how he explains the meaning of “dislikedness” in
words of Abu Shuja` as meaning “non-prohibitive dislikedness”, which is the
default meaning of “disliked” whenever the word is used without further
qualification. Then, after mentioning that this goes against the relied-upon
position of the school, he alerts us to the possibility of interpreting
“dislikedness” in the words of Abu Shuja` as referring to “prohibitive
dislikedness” with the aim of forcing the author’s words to agree with the
relied-upon position in the school on the issue. This is further confirmed
by the words of the author of the marginal glosses on the work, the great
scholar Sulayman al-Bujayrimi, who commented on Khatib al-Shirbini’s words,
“it is possible to interpret the words of the author .” by saying, “He said
this because whenever something is described as being ‘disliked’ without
further qualification, it means that the matter is non-prohibitively
disliked.”
The great scholar of exacting verification, Jalal al-Mahalli, said in his
commentary on the Minhaj in the Book of Fasting during his discussion on the
matters that are recommended for a fasting person to avoid, “…. and for him
to refrain from cupping [ and bloodletting because they weaken him ] and
kissing [ based on ] -regarding the one whose lust is thereby aroused – the
Muharrar’s describing it as disliked without any further qualification,
which is understood as referring to non-prohibitive dislikedness….” [ Note
how he explains that when something is simply described as being “disliked”
without any further qualification, it means that it is non-prohibitively
disliked ].
Something that further indicates that the “dislikedness” meant by the imams
Nawawi and Rafi`i in this case in particular means non-prohibitive
dislikedness is that the scholars of the Shafi`i school who transmitted this
position from them explicitly mention that Imam Halimi’s saying, “It is not
permissible for anyone to shave his beard,” is weak [ as mentioned above ].
They did this in contradistinction to the two imams’ position of
dislikedness. Had they understood from the two imams’ usage of the term
“dislikedness” that the dislikedness was a prohibitive dislikedness, they
would not have described Imam Halimi’s position as being weak, for something
that is prohibitively disliked can correctly be described as “not being
permissible,” and Imam Halimi’s statement would therefore not be weak, but
correct. This clearly indicates that the two imams’ meant that shaving the
beard is non-prohibitively disliked, not prohibitively disliked.
The upshot is that the relied-upon position of our school, which is the
position of the two shaykhs, Nawawi and Rafi`i, and confirmed by the late
Shafi`is whose works are relied upon for issuing formal legal opinion [
fatwa ] is that growing a full beard is a confirmed sunna for men, not an
obligation. Therefore, anyone who shaves or shortens his beard without an
excuse will not be sinful, but will have committed something disliked
because of his contravention of the prophetic command that has been
established in rigorously authenticated hadiths, and his contravention of
the established practice of the Prophet [ Allah bless him and give him peace
]. According to the Shafi`i school, someone who does something that is
disliked – like someone who leaves something that is recommended – is not
thereby sinful, as was established from the previously mentioned words of
Imam Baydawi. Such a person does, however, miss out on great reward. As for
someone who shaves or shortens his beard because of a legally valid excuse,
such as an illness, or fear of a tyrant who threatens him because of his
growing a full beard, he is completely blameless because of Allah Most
High’s saying, “He has not placed any hardship for you in your religion.”
The impermissibility of commanding the right and forbidding the wrong in
matters of disagreement
I would like to conclude this answer by mentioning that the rulings of
commanding the right and forbidding the wrong only apply to matters that are
agreed upon among scholars as being obligatory or unlawful. As for something
that is differed upon, such as the issue under discussion, it is not
permissible to condemn someone for doing it. It is, however, recommended for
one to give sincere advice to such a person and to encourage him to adopt
the more religiously precautionary position by extricating himself from the
disagreement of the scholars. The great scholar, the Proof of Islam, Imam
Ghazali said in the Ihya during his discussion of the integrals and
conditions of commanding the right, “…The fourth condition is that the
matter being condemned be something that is condemnable without being
subject to scholarly disagreement. Commanding the right and forbidding the
wrong does not apply to anything that falls under the realm of scholarly
disagreement. It is therefore not permissible for a follower of the Hanafi
school to condemn a follower of the Shafi`i school for eating a lizard, a
hyena, or meat upon which the name of Allah was not pronounced [ even though
such matters may be unlawful in the Hanafi school ]..”
Imam Nawawi said in his commentary on Sahih Muslim, “….Scholars only condemn
what is agreed upon [ as being unlawful ]. As for something that is differed
upon, it may not be condemned because either [ a ] the conclusion of every
mujtahid is correct – and this is the position adopted by many [ or most ]
of the scholars of exacting verification – or [ b ] only one of them is
correct but we don’t know with certainty which one is incorrect and [
whoever he may be ] he is not sinful [ for reaching his incorrect conclusion
]. However, if one encourages such a person to extricate himself from
scholarly disagreement by way of giving sincere advice, then this is a good
and praiseworthy thing when done with gentleness. This is because scholars
agree that is encouraged to extricate oneself from scholarly disagreement
when doing so does not result in contravening a sunna or falling into
another disagreement…”
And Allah Most High knows best what the correct position is and to Him is
the final return
[Shaykh] Amjad Rasheed
..
