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View Full Version : Translation of "Juz' al-'Amal al-Qadim" by Sh. 'Ali al-Khudhayr


Abu_Abdillah2000
13th January 2007, 05:46 AM
Pamphlet on the Early Practice

during the time of the Messenger, sallallahu 'alayhi wa-sallam, and the rightly-guided khulafa'

(Juz' al-'Amal al-Qadim: Zaman ar-Rasul sallallahu 'alayhi wa-sallam wal-khulafa' ar-rashidin)

Compiled by

Shaykh 'Ali ibn Khudhayr al-Khudhayr

Translated by Abu 'Abdillah Muhammad at-Tayyib ibn Gary

In the Name of Allah, the Most Merciful, the Compassionate

Praise be to Allah, Lord of the worlds, and may blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon his family and all of his companions.

To proceed:

This is a pamphlet (juz') on fiqh, whose compilation and classification Allah has made easy, quoted entirely from the book I'lam al-Muwaqqi'in by Ibn al-Qayyim, rahimahullah, and it contains a ferw additions from the words of Ibn Taymiyyah, rahimahullah, from the Fatawa. We wished in it to explain the fiqh rulings according to the way of Salaf by basing ourselves upon the well-known shar'i evidences, and this way, in sha' Allah, will be part of a continuing series on this subject (fiqh), to follow on from the series of pamphlets on tawhid and 'aqidah, of which two pamphlets have so far been produced, and to Allah is the praise:

[1] Pamphlet on the fundamental of the religion of al-Islam: tawhid and messengership (Juz' asl din al-Islam: at-tawhid war-risalah).
[2] Pamphlet on [the ruling on] ignorance of a [person's] state and confusion regarding it (Juz' jahl al-hal wal-iltibas fih).

And this pamphlet, according to this way, is an introduction to another project, in sha' Allah, in the field of fiqh rulings, and we have concluded that it is the most suitable way today in knowing the madhhab of the Salaf regarding the fiqh rulings, either by way of detailed explanation as in this pamphlet, or by way of the consensus (ijma') that has been narrated from them, or what is by way of knowing their methodology (manhaj) in deriving the fiqh rulings, by a correct methodology, even if there might be differences regarding some of its details due to the differences in understanding regarding the exact ways to derive the fiqh rulings.

As for what relates to the detailed rulings, then it is this pamphlet. And there will be further pamphlets on what has been said to be the consensus reported from the Salaf.

As for what relates to the methodology and the way of the Salaf, which is sometimes called the principles of fiqh (usul al-fiqh), then Allah has made it easy for us to write several pamphlets regarding it, and they are:

[1] The principles of clarifying apparent contradictions in the evidences, from the words of the imams of the Salaf (Usul kashf ma yudhannu fihi t-ta'arudh fil-adillah min kalam a'immat as-salaf).
[2] Deriving meanings, combining [conflicting evidences], deep investigation, and how they relate to the fiqh of the hadith (Al-i'tibar wal-jam' wat-taqassi wa-athuru fi fiqh al-hadith).

I have previously mentioned, in a brief treatise entitled A suggestion regarding the teaching of fiqh (Iqtirahun fi tadris al-fiqh), an explanation of what I think to be the most suitable method in this time for studying fiqh according to the way of the Salaf. This pamphlet is part of that suggested way. And we ask Allah for success and firmness, and to bless it. And may Allah bless our Prophet Muhammad, and his family and all of his companions.

Written by 'Ali ibn Khudhayr al-Khudhayr

Section:
Regarding the early practice (al-'amal al-qadim) as a proof (hujjah)

What is meant by the early practice (al-'amal al-qadim) is the 'amal that was practiced in the time of the Messenger of Allah, sallallahu 'alayhi wa-sallam, and his companions, and the time of his rightly-guided khulafa' in al-Madinah, and likewise that 'amal of the people of al-Madinah which is by way of transmission, as we will clarify, in sha' Allah, in this pamphlet.

Ibn Taymiyyah said: "Al-'amal al-qadim in al-Madinah is what was before the killing of 'Uthman ibn 'Affan. This is a hujjah in the madhhab of Malik, and it is quoted from ash-Shafi'i, who said in the narration of Yunus ibn 'Abd al-A'la: "When you see the elders of the people of al-Madinah upon something, then let there be no doubt in your heart that it is correct." It is likewise in the apparent madhhab of Ahmad, that the sunnah of the rightly-guided khulafa' is a hujjah, the following of which is obligatory." [Fatawa Ibn Taymiyyah, part 20, page 308.]

And he said in another place: "What is reported from Abu Hanifah indicates that the saying of the rightly-guided khulafa' is a hujjah."

Likewise for that 'amal of the people of al-Madinah which is by way of transmission.

And the evidence upon which this pamphlet is based, regarding al-'amal al-qadim being a hujjah according to the definition that we have mentioned, is what has been established in the authentic hadith, from the hadith of al-'Irbadh ibn Sariyah, from the Prophet, sallallahu 'alayhi wa-sallam, that he said: "You must follow my sunnah, and the sunnah of the rightly-guided khulafa' after me. Hold onto it, and clench onto it with your molar teeth. And beware of newly-invented matters, for every innovation is a misguidance."

And in the Sunan, from the hadith of Safinah, from the Prophet, sallallahu 'alayhi wa-sallam, that he said: "The khilafah of prophethood is thirty years, then it will become an oppressive kingship."

These two proofs are what Ibn Taymiyyah used for evidence in this subject, in al-Fatawa.

Ibn Taymiyyah said: "No early 'amal is known from the people of al-Madinah in the time of the rightly-guided khulafa' that contradicted the Sunnah of the Messenger, sallallahu ta'ala 'alayhi wa-sallam." [Fatawa Ibn Taymiyyah, part 20, page 309.]

And he also said: "And in everything that the people of al-Madinah did, it was either a sunnah from the Messenger of Allah, sallallahu ta'ala 'alayhi wa-sallam, or otherwise they referred back to the judgements of 'Umar ibn al-Khattab." [Al-Fatawa, part 20, page 312.]

He said: "And 'Umar, in the matters of the religion, the fundamentals [usul] and the branches [furu'], would only follow what was decreed by the Messenger of Allah, sallallahu 'alayhi wa-sallam, and he would consult 'Ali and others from the people of consultation (ahl ash-shura)." [Al-Fatawa, part 20, page 313.]

One of the main points of this pamphlet is that the 'amal was approximately settled, in both fundamentals and branches, during the time of the khulafa', and did not go outside of that except in relation to new occurrences, or that whose cause was people's differences and which was of the nature of shar'i policy (as-siyasah ash-shar'iyyah). This would occur according to the need for it or the causes of it, it being unrelated to the age of the khulafa'.

Ibn Taymiyyah said: "However, the matters of the branches and fundamentals were settled during the khilafah of 'Umar." [Part 20, page 315.]


Section:
Regarding what is related to the accepted 'amal of the people of al-Madinah

Also, the 'amal is of two types: a type which is not contradicted by a text (nass), or a preceding 'amal, or the 'amal of another city; and an 'amal that is contradicted by one of these three. Ibn al-Qayyim said: "If you were to make all the various aspects of this 'amal equal, then you would be equating between different matters which the text and reason have made distinct from each other. And if you were to distinguish between them, then you must have a proof that will enable you to distinguish between what is to be taken and what is not to be taken. And for every single proof that you mention, the proof of the one who puts the text first will be stronger, and he will be more fortunate with it."


Section:
The principles (qawa'id) of al-'amal al-qadim

It is of two types:

The first is what is by way of transmission and report, and it is in three ways:

[1] The transmission of the shar' beginning from the Prophet, sallallahu 'alayhi wa-sallam, and it is of four types:
[a] The transmission of his saying (qawl).
[b] The transmission of his action (fi'l).
[c] The transmission of his confirming (taqrir) the correctness of a matter that he saw them upon or informed them of.
[d] Their transmission of his leaving a matter, the cause for whose existence was present, but which he did not do.

[2] From that which is by way of transmission and report is the transmission of the connected 'amal (al-'amal al-muttasil) that continued after his time, sallallahu 'alayhi wa-sallam.

[3] From that which is by way of transmission and report is the transmission of places, objects, and measures that did not change from their original state.


Section:

The second type of the 'amal of the people of al-Madinah is that which is by way of ijtihad and derivation of evidences. This is not like the previous type in terms of its acceptance, as it is subject to ijtihad. Ibn al-Qayyim said: "It is a subject of debate."

This category is the non-continuous 'amal, as we will clarify later, which is not connected to the time of the Messenger, sallallahu 'alayhi wa-sallam, and the khulafa' and the sahabah in al-Madinah.

Mas'alah: The saying of Malik in his Muwatta': "This is what I found the people doing" and the like of that, does not always mean that it is the continuous, connected 'amal from the time of the Messenger, sallallahu 'alayhi wa-sallam, up to his time. Rather, sometimes it means that, and sometimes it means other than it, in which some of the 'ulama' before Malik had made ijtihad, and they followed that and Malik found them upon it, so he mentioned it. Only by way of other supporting evidences can the difference be determined as to whether it is from the continuous and connected 'amal, as we will see in sha' Allah, or from the 'amal that is the result of ijtihad. And we will look into this point in the section on the 'amal after the time of the Messenger, sallallahu 'alayhi wa-sallam, and the khulafa'.


Section:
Regarding examples of these accepted types that are considered as a hujjah

We will mention some examples of these types which are from the category of transmission and report. As for the transmission of his saying, then this is clear, and it is by way of the ahadith of al-Madinah, which are the basis of all of the prophetic ahadith, and the best of the ahadith of all of the people of the various cities. Whoever reflects on the chapters of al-Bukhari will find that he always begins the chapter by mentioning those [of the ahadith of al-Madinah] that he found, followed by the ahadith of the other cities. [Examples of the chains of the ahadith of the people of al-Madinah] include:

§ Malik, from Nafi', from Ibn 'Umar.
§ Ibn Shihab, from Sa'id ibn al-Musayyib, from Abu Hurayrah.
§ Malik, from Hisham, from 'Urwah, from his father [az-Zubayr], from 'A'ishah.
§ Abuz-Zinad, from al-A'raj, from Abu Hurayrah.
§ Ibn Shihab, from Salim, from his father ['Abdullah ibn 'Umar].
§ Ibn Shihab, from Humayd, from 'Abd ar-Rahman, from Abu Hurayrah.
§ Yahya ibn Sa'id, from Abu Salamah, from Abu Hurayrah.
§ Ibn shihab, from 'Ubaydullah ibn 'Abdillah ibn 'Utbah, from Ibn 'Abbas.
§ Malik, from Musa ibn 'Uqbah, from Kurayb, from Usamah ibn Zayd.
§ Az-Zuhri, from 'Ata' ibn Yazid al-Laythi, from Abu Ayyub.

And the like of them.

Section:

As for the transmission of his actions and practice, then this is like their transmission:

§ That he made wudhu' from the well of Budha'ah.
§ That he would go out every 'id to the musalla, and pray the 'id there with the people.
§ That he would deliver the khutbah standing on the minbar, with his back to the qiblah, facing them.
§ That he would visit Quba' every Saturday, walking or riding.
§ That he would visit them in their homes, visit their sick, attend their funerals, and the like.
§ And also from the examples of al-'amal al-qadim is their 'amal, as if we could see it and witness it with our eyes, in their giving of the property distributed by the Messenger of Allah, sallallahu 'alayhi wa-sallam, among those who had been with him at Khaybar, to the Jews on the condition that they would work on it with themselves and their wealth, and the produce would be divided between them and the Muslims, confirming them what Allah confirmed them, and expelling them whenever they wished. And this 'amal continued like that without doubt, up to the time that Allah causes His Prophet, sallallahu 'alayhi wa-sallam, to pass away, for four years. Then it continued during the entire duration of the khilafah of as-Siddiq, all of them upon that. Then it continued during the khilafah of 'Umar, radhiyallahu 'anhum, until he expelled them one year before he was martyred. This is truly the 'amal, so how could it be appropriate to oppose it, or leave it for a new 'amal?
§ From it is the 'amal of the sahabah with their Prophet, sallallahu 'alayhi wa-sallam, in sharing a sacrificed camel between ten people, and a cow between seven. What a great 'amal, and how fitting and appropriate it is to be followed! So how could it be opposed for a different 'amal that came after it?
§ From it is the 'amal of the people of al-Madinah, as if we could see it with our eyes, in their prostration in "idha s-sama'u nshaqqat" (Surat al-Inshiqaq) along with their Prophet, sallallahu 'alayhi wa-sallam, and with them was Abu Hurayrah, who only accompanied the Prophet, sallallahu 'alayhi wa-sallam, for three years and part of the fourth, and he reported the 'amal of the sahabah with their Prophet at the end of his life. This, by Allah, is the 'amal. So how could the 'amal of those after them, by Allah knows how many years, be preferred, and it be said that the 'amal is not to prostrate?
§ From it is the 'amal of the sahabah with Amir al-Mu'minin 'Umar ibn al-Khattab, when he recited an ayah of prostration on the minbar in his khutbah on the day of al-Jumu'ah, then he descended from the minbar and prostrated, and the people of the masjid prostrated along with him, then he ascended [the minbar]. This 'amal is true, so how could it be said that the 'amal is other than that, and the 'amal opposing it be preferred?
§ From it is the 'amal of the sahabah with the Prophet, sallallahu 'alayhi wa-sallam, in their following him in the salah when he was sitting, as if we could see it with our eyes. This is irrespective of whether their own salah behind him was performed sitting or standing. This 'amal is of the utmost clarity and authenticity, so it is a wonder that the narration of Jabir al-Ju'fi from ash-Sha'bi, who are both Kufans, that the Messenger of Allah, sallallahu 'alayhi wa-sallam, said: "Let no-one after me lead the salah sitting," should be preferred over it, when it is one of the weakest of the narrations of the people of al-Kufah.
§ From it is that Sulayman ibn 'Abd al-Malik, in the year that he made the Hajj, gathered a group of the people of knowledge, among whom were 'Umar ibn 'Abd al-'Aziz, Kharijah ibn Zayd ibn Thabit, al-Qasim ibn Muhammad, Salim and 'Ubaydullah the two sons of 'Abdullah ibn 'Umar, Muhammad ibn Shihab az-Zuhri and Abu Bakr ibn 'Abd ar-Rahman ibn al-Harith ibn Hisham, and he asked them about perfume before the ifadhah, and all of them ordered him to apply perfume. Al-Qasim said: "'A'ishah informed me that she perfumed the Messenger of Allah, sallallahu 'alayhi wa-sallam, before he entered the state of ihram, and when leaving the state of ihram before he made tawaf of the House." And none of them differed with him in that, except that 'Ubaydullah ibn 'Abdillah said: "'Abdullah was an energetic and strong man, he used to stone the jamrah, then slaughter [his sacrifice], then shave [his head], then he would ride and perform the ifadhah before coming home." Salim said: "He spoke the truth." An-Nasa'i mentioned it. This is the 'amal of the people of al-Madinah and their fatwa, so what other 'amal after that deserves to be preferred over it?
§ From it is what al-Bukhari narrated in his Sahih from Qasim ibn Muslim, from Abu Ja'far, who said: "There is no household of the Muhajirun in al-Madinah except that they practiced share-cropping (al-muzara'ah) for one-third or one-quarter [of the produce]. Among those who practiced share-cropping were 'Ali, Sa'd ibn Malik, 'Abdullah ibn Mas'ud, 'Umar ibn 'Abd al-'Aziz, al-Qasim ibn Muhammad, 'Urwah ibn az-Zubayr, the family of Abu Bakr, the family of 'Umar, the family of 'Ali, and Ibn Sirin.
§ 'Umar ibn al-Khattab dealt with the people on the basis that when 'Umar brought out harvested seeds from his own property, he would keep half of them, and if they brought the harvested seeds, they would keep whatever amount they chose. This, by Allah, is the 'amal which deserves preference over every other opposing 'amal. It is something between him and Allah, and it is firmly established. So for Allah's sake, what a wonder that any 'amal after this should be preferred over it? And is there any other 'amal that could possibly be termed as ijma' clearer or more authentic than this?
§ Look at the 'amal, as if we could see it with our eyes, in the Messenger of Allah, sallallah 'alayhi wa-sallam, praying [salat al-janazah] over the two sons of Baydha', Suhayl and his brother, in the masjid, accompanied by his sahabah. And 'A'ishah prayed over Sa'd ibn Abi Waqqas in the masjid. And 'Umar ibn al-Khattab was prayed over in the masjid, as mentioned by Malik, from Nafi', from 'Abdullah. Ash-Shafi'i said: "We do not see that any of the sahabah who were present at his death refraining from his janazah, so this is an 'amal that is agreed upon by consensus."
§ The Messenger of Allah, sallallahu 'alayhi wa-sallam, would say "amin", and he would raise his voice with "amin", and he ordered the imam to raise his voice with it, and the people of knowledge remained on that [practice].
§ Look at the 'amal in the time of the Messenger of Allah, sallallahu 'alayhi wa-sallam, and the sahabah behind him, raising their hands in the salah, when bowing in ruku' and when rising from it. This was the 'amal in the time of the sahabah after him, to the extent that 'Abdullah ibn 'Umar, if he saw anyone not raising his hands, would throw a pebble at him. This 'amal was clearly seen, and the majority of the tabi'un practiced it in al-Madinah and other cities, as reported by al-Bukhari and Muhammad ibn Nasr al-Marwadhi and others from them.
§ Look at the 'amal in the time of Amir al-Mu'minin 'Umar ibn al-Khattab, radhiyallahu 'anhu, in his saying the opening supplication (al-istiftah) out aloud in the fardh salah, in the praying-place of the Prophet, sallallahu 'alayhi wa-sallam, and the sahabah's practice of it.


Section:

As for the transmission of what was confirmed (taqrir), then this is like their transmission of:

§ His confirmation of their pollinating date-palms.
§ Their forms of trade that they used to practice, and they were of three kinds: trading by journeying, trading by management (al-idarah), and trading by paying in advance (as-salam), and he did not object to any of those kinds. He only forbade them from clear usury (ar-riba) or anything that would lead thereto, or forms of trade that would lead to something forbidden, such as selling weapons to those who would use them to fight the Muslims, selling fruit juice to those who would make it into intoxicants, and selling silk to a man who would wear it, and similar things that would serve as an aid to committing sin and transgression.
§ Confirmation of their various professions, such as trade, tailoring, metalwork, farming and so on. He only forbade them to indulge in cheating or in utilizing their professions for forbidden ends.
§ Confirmation of their chanting permissible poetry, and mentioning the days of al-jahiliyyah.
§ Their holding running races.
§ Confirmation of making agreements while traveling.
§ Confirmation of showing-off (al-khuyala') during war,
§ And wearing silk in it,
§ And a courageous fighter marking himself with a feather or the like.
§ Confirmation of their wearing garments that have been spun by the kuffar,
§ And spending the coins that the kuffar have minted, even though they bore the images of their kings. Neither the Messenger of Allah, sallallahu 'alayhi wa-sallam, nor his khulafa', ever in their lives minted a single dinar or dirham. They used to use those minted by the kuffar.
§ His confirmation of their indulging in lawful joking in his presence,
§ And eating to their full,
§ And sleeping in the masjid,
§ And sharing a [sacrificed] camel.
§ And Jabir used it as an evidence of the Lord's confirmation in the time of the revelation (al-wahy), as in his saying: "We used to practice coitus interruptus (al-'azl) while the Qur'an was being revealed. So if their was something forbidden, then the Qur'an would have forbidden it."" This is from the perfection of the fiqh of the sahabah, their knowledge and their proficiency in knowing the ways of deriving rulings and their understandings. And there are many examples of this from the different types of the sunan, which the sahabah and all of the imams of al-Islam used as evidence.
§ And from this type is his confirmation of their eating food from the ground that had been trampled underfoot by cattle, without ordering them to wash it, even though he knew, sallallahu 'alayhi wa-sallam, that there was a high likelihood of the cattle urinating on it while trampling over it.
§ And from it is his confirmation of their using as fuel, in their houses and for cooking their food, the droppings of camels, cattle and sheep. He knew that the smoke and ashes thereof would come into contact with their clothing and vessels, and he did not order them to avoid that. This is necessarily proof of one of two things: either that the droppings are pure (tahir), or that the smoke and ashes of an impure substance (najasah) is not impure (najis).
§ From it is the confirmation of their prostrating on their garments in extreme heat. It is not to be said that he did not know about that, because Allah knew about it and confirmed them upon that, and He did not order His Messenger to object to them doing that. So reflect well on this point.
§ From it is the confirmation of the marriages that they performed while they were in the state of shirk. He did not object to whatever manner they had been [originally] performed, he only objected to those kinds of marriages that would not be accepted in al-Islam once one had entered it.
§ From it is the confirmation of what was in their hands from the wealth that they had earned before al-Islam, by usury or other than it, and he did not order them to return it. Rather, he allowed them to keep what they had earned, and only ordered them to repent from what they had done before.
§ From it is the confirmation of the Abyssinians playing in the masjid with their spears,
§ And his confirmation of 'A'ishah watching them.
§ Likewise, his confirmation of women going outside and walking in the streets,
§ And their attending the masajid,
§ And their listening to the khutbahs that the people were called to gather and attend.
§ And his confirmation of the men making use of their services, such as grinding flour, washing, cooking, kneading dough, feeding the horses, and doing the housework, and he never said to the men "none of that is allowed for you unless you compensate them by a wage or ask them if they agree not to take a wage."
§ And his confirmation of [the men] spending on them according to what was normal (al-ma'ruf), without stipulating an obligatory amount of grain, bread [or anything else], and he did not say to them "your duty of obligatory spending is not fulfilled until you compensate your wives with a certain obligatory amount of grain," – along with the fact that the concept of compensation here is invalid for a number of reasons – "or the wives waive their right to the grain." Rather, he confirmed for them the expenses that they were accustomed to before al-Islam and after it, and he confirmed that it was obligatory according to what was normal. And he made the rules for spending on slaves similar to that.
§ From it is the confirmation of them praying voluntary salah between the adhan of maghrib and the salah, as he saw them doing it and did not forbid them.
§ From it is the confirmation of their keeping their wudhu' after their heads had nodded due to [light] sleep while waiting for the salah, and he did not order them to repeat it. The suggestion that he may not have known about that is rejected, as Allah knew about it, and they were much greater and more knowing of Allah and His Messenger than that they should not have informed him of that. And something like this being hidden from the Messenger of Allah, sallallahu 'alayhi wa-sallam, when he saw them and witnessed them when he was coming out for the salah, is impossible.
§ From it is the confirmation of their sitting in the masjid in the state of janabah if they had made wudhu'.
§ From it is the confirmation of their blind people selling goods along with them, and buying for themselves, and he did not forbid them from that a single day. And he knew that the need of the blind to do that is the same as that of the seeing.
§ From it is the confirmation of their accepting gifts brought by children and by slaves, whether male or female.
§ And the confirmation of the [bridegroom] entering upon the woman that the other women affirm to be his bride, and indeed being presented to her without [the need for] the affirmation being made.
§ From it is the confirmation of them reciting poetry, even if it contains romantic lyrics (at-taghazzul) that would otherwise be blameworthy, such as the romantic lyrics of Ka'b ibn Zuhayr about Su'ad, and the romantic lyrics of Hassan in his poetry, and [metaphorical] allusions to intoxicants. He [sallallahu 'alayhi wa-sallam] confirmed their saying that and others listening to it, as he knew of the goodness of their hearts and their being above every impure and blameworthy act, and that such as this, when it served as the introduction to themes relating to what Allah and His Messenger love, such as praising of al-Islam and its people, the dispraisal of shirk and its adherents, and inciting to jihad and generosity and courage, then its harm would be negligible when compared to this benefit and what it contains of awakening the souls, attracting their attention, and thereafter leading them forward to the main objective. And this has continued to be the practice of the poets, who begin with allusions to romance before leading on to the main idea that they want to present in their verses.
§ From it is the confirmation of them raising their voices with the dhikr after the salam [in the salah], to the extent that whoever was outside the masjid would know thereby that the salah had ended, and he did not object to them doing that.


Section:
The sahabah's transmission of what he, sallallahu 'alayhi wa-sallam, left

As for their transmission of what he, sallallahu 'alayhi wa-sallam, left, then it is of two types, and both of them are sunnah. The first is their clear affirmation that he left something and did not do it, such as:

§ Their saying regarding the martyrs of Uhud: "He did not wash them or pray over them,"
§ Their saying regarding salat al-'id: "There was no adhan, no iqamah, and no announcement,"
§ And their saying regarding his combining two salahs: "And he did not glorify Allah [i.e. pray any voluntary salah] between them or after any of them," and other things like that.

The second is the absence of their transmitting that which, had he done it, their concern and enthusiasm would have certainly driven them to transmit it. So if none of them transmitted it at all, and it was never mentioned in any of their gatherings, then it is known that it never took place. This is like:

§ His not uttering verbally the intention when beginning the salah.
§ His not supplicating after the salah, facing his followers while they say "amin", every day after subh and 'asr, or after every salah.
§ His not raising his hands every day in salat as-subh after raising his head from the second ruku' and saying: "Allahummahdina fiman hadayta… (O Allah, guide us along with those You have guided…)," audibly with the followers all saying "amin". It is impossible that he could have done that as his constant practice every single day and yet no-one transmitted it from him, young or old, man or woman.
§ His not making ghusl for staying overnight at Muzdalifah, the stoning of the pillars, tawaf az-ziyarah, salat al-istisqa' and al-kusuf. From this it is known that the saying that these are recommended is opposed to the sunnah. For his leaving certain things, sallallahu 'alayhi wa-sallam, is sunnah, just as his action is sunnah. So if we were to recommend doing things that he left, it would be like leaving the things that he did, without any difference.
§ From this is his not taking zakah from vegetables or fresh fruits. They grew them in his neighbourhood in al-Madinah, every year, but he did not ask them for zakah on them, nor did they give it to him.


Section:

So if it is said: "How do you know that he did not do it, when the absence of transmission does not necessitate the transmission of the absence [of these things]?"

Then [the reply is that] this question is very far-fetched from the understanding of his guidance and his sunnah, and the practice that he was upon. And if this question were correct and accepted, then one might recommend the adhan for the tarawih salah, and say: "How do you know it was not transmitted?" And another one might recommend ghusl for every salah, and say: "How do you know it was not transmitted?" And another one might recommend calling after the adhan: "The salah, may Allah have mercy on you!" with a raised voice, and say: "How do you know it was not transmitted?" And another one might recommend that the khatib wear black clothes and a shawl (tarhah) [over his turban], and come out preceded by an announcer crying out, and that the mu'adhdhins raise their voices, in groups and individually, every time the Name of Allah or the name of His Messenger is mentioned, and say: "How do you know it was not transmitted?" And another one might recommend the salah on the night of the middle of Sha'ban, or the night of the first Friday of Rajab, and say: "How do you know that praying in it was not transmitted?" The doors of innovation would be opened, and every caller to an innovation would say: "How do you know that praying in it was not transmitted?"


Section:
The sahabah's transmission of the connected and continuous 'amal

The meaning of "connected" is that which continued uninterrupted from the time of the Prophet, sallallahu 'alayhi wa-sallam, to the time of the khulafa', without any breaks between them. Ibn al-Qayyim mentioned that some of the people of knowledge have transmitted their consensus that the connected 'amal is taken as knowledge, implies mass-transmission (at-tawatur), and by it excuses are cut off. And it is transmitted from one of them that he said: "It is generally impossible that they could unite on a connected 'amal from their time back to the time of the Messenger of Allah, sallallahu 'alayhi wa-sallam and his sahabah which the authentically established sunnah could have opposed." [Summarised quote from I'lam al-Muwaqqi'in.]

As for the transmission of the continuous 'amal, it is such as their transmission of:

§ The waqfs.
§ The practice of share-cropping (al-muzara'ah).
§ Calling the adhan from a high place.
§ The adhan for subh before dawn.
§ Doubling the phrases of the adhan, and making the phrases of the iqamah single.
§ Delivering the khutbah with the Qur'an and the sunan, not the khutbahs composed of rhyming phrases and quavering tones which do not benefit or bring any good. This is what has been transmitted, and this 'amal is a hujjah that must be followed, and a sunnah that has been met with acceptance, upon the head and eyes! And if the scholar succeeds in that, his eyes will be comforted by it and his soul will find rest in it.
§ And Ibn Taymiyyah added in al-Fatawa: "From this category is that Malik allowed the sale of what is hidden in the ground, like carrots and turnips, and the sale of cucumbers in general, as he and the majority also allow the sale of beans and the like in their pods, and there is no doubt that this has been the 'amal of the Muslims from the time of their Prophet, sallallahu 'alayhi wa-sallam, up to this date, and the benefit of the people is dependent on this. It should not be supposed that this is a form of risking loss (gharar), for something like this is allowed in other sales, because [the risk of loss] is minimal, and there is a need for it. Each of these by itself is reason enough to allow it, so how if they are both together?"
§ He also said: "From this is that according to the madhhab of the people of al-Madinah, if the imam prays forgetting that he is in a state of janabah or hadath, then he afterwards remembers, he alone repeats his salah, but the followers do not. This is what is reported from the rightly-guided khulafa' like 'Umar and 'Uthman."
§ He also said: "Likewise, they inflict the hadd punishment for drinking intoxicants on whoever they find intoxicated, or who has vomited it up, or who has its smell coming from him, if there is no uncertainty (shubhah). This is what is reported from the Prophet, sallallahu 'alayhi wa-sallam, and his rightly-guided khulafa' like 'Umar, 'Uthman and 'Ali, radhiyallahu 'anhum ajma'in."
§ The Messenger of Allah, sallallahu 'alayhi wa-sallam, would say "amin", and he would raise his voice with "amin", and he ordered the imam to raise his voice with it, and the people of knowledge remained on that [practice]. 'Ata' said: "I found two hundred of the sahabah of the Messenger of Allah, sallallahu 'alayhi wa-sallam, in this masjid. When the imam said: "Ghayril-maghdhubi 'alayhim wa-ladh-dhallin," I heard the thundering sound of them saying "amin"."
§ From the connected 'amal up to the time of Malik in al-Madinah was the prohibition of making vinegar out of wine, in accordance with the hadith of Muslim with his sanad from Anas: "The Messenger of Allah, sallallahu 'alayhi wa-sallam, was asked about wine that is made into vinegar. He said: "No." Ibn al-Qayyim said: "The people of al-Madinah did not cease to object to that [practice]," and he mentioned the story of Qutaybah ibn Sa'id, who said: "I came to al-Madinah in the days of Malik. I went to the qadhi and I said: "Do you have wine vinegar?" He said: "Subhanallah! In the Haram of the Messenger of Allah?!" [Qutaybah] said: "Then I came after the death of Malik and I mentioned that, and no-one objected to me."


Section:
Regarding the sahabah's transmission of objects and their specification of places

Ibn Taymiyyah said: "The 'amal of the people of al-Madinah that is by way of transmission is a hujjah by the agreement of the Muslims. And from that is what is by way of transmission from the Prophet, sallallahu 'alayhi wa-sallam, such as their transmission of the size of the sa' and mudd, and not taking sadaqah from vegetables or from the endowments (al-ahbas). So this is from the matters which are taken as a hujjah, by the agreement of the 'ulama'." [Al-Fatawa, part 20, page 303.]

As for the transmission of objects and the specification of places, then this is like their transmission of:

§ The sa' and the mudd.
§ Specification of the place of the minbar.
§ The place where he stood to perform salah.
§ His grave.
§ His room.
§ The masjid of Quba'.
§ The specification of the area of the Rawdhah,
§ Al-Baqi',
§ The musalla, and so on.
§ Transmission of the places of the manasik, such as as-Safa, al-Marwah, Mina, the places of the jamarat, Muzdalifah, 'Arafah, and the places of ihram such as Dhul-Hulayfah, Juhfah, and so on.


Section:
Regarding the 'amal after the time of the Messenger, the khulafa' and the sahabah

As regards the accepted 'amal of the people of al-Madinah after the time of the Messenger, the khulafa' and the sahabah, and likewise the 'amal of all of the other cities, then the 'amal is of two types: a type which is not contradicted by a text (nass), or a preceding 'amal, or the 'amal of another city; and an 'amal that is contradicted by one of these three. Ibn al-Qayyim said: "If you were to make all the various aspects of this 'amal equal, then you would be equating between different matters which the text and reason have made distinct from each other. And if you were to distinguish between them, then you must have a proof that will enable you to distinguish between what is to be taken and what is not to be taken. And for every single proof that you mention, the proof of the one who puts the text first will be stronger, and he will be more fortunate with it."

It is well known that the 'amal, after the passing of the time of the rightly-guided khulafa' and the sahabah, in al-Madinah was according to whoever was there from among the muftis, amirs and law-enforcers (muhtasibun) in the markets, and the general public did not oppose them. So when the muftis gave a fatwa, the governor would have it implemented, and the law-enforcers would act accordingly, and it would become an 'amal. This type of 'amal is disregarded if it opposes the sunan, unlike the 'amal of the Messenger of Allah, sallallahu 'alayhi wa-sallam, his khulafa' and his sahabah, which itself is the Sunnah. So one of them should not be confused with the other.

Ibn al-Qayyim said: "We are more stronger in following this 'amal. And the other 'amal, if it opposes the Sunnah, we are more stronger in leaving, and with Allah is all success."

Rabi'ah ibn Abi 'Abd ar-Rahman would give a fatwa, and Sulayman ibn Bilal would implement his fatwa, so the general public would act according to the fatwa of the former and the implementation of the latter. Likewise, the 'amal in any land or country where there is only the saying of Malik is according to his saying and his fatwa, and they do not allow the 'amal there according to the saying of any other imams of al-Islam, so that if someone were to do so, they would harshly object to him. It is likewise the case in any land or country where only the madhhab of Abu Hanifah is predominant, for to them, the continuous 'amal is according to his saying. And with every group, the 'amal is understood by them according to the saying and madhhab of whoever [of the scholars] reached them, and they are unused to other than that. And there is no distinction regarding this 'amal between this land or that, [rather] the correct 'amal is that which is in accordance with the Sunnah. If you would like this clarified by examples, then they are like the following:

§ Look at the 'amal in the time of Amir al-Mu'minin 'Umar ibn al-Khattab, radhiyallahu 'anhu, in his saying the opening supplication (al-istiftah) out aloud in the fardh salah, in the praying-place of the Prophet, sallallahu 'alayhi wa-sallam, and the sahabah's practice of it. Then, the 'amal in the time of Malik was to begin the recitation immediately after the takbir, without any opening supplication or seeking refuge (ta'awwudh).
§ Look at the 'amal in the time of the sahabah such as 'Abdullah ibn 'Umar, regarding the right to annul a transaction whilst still in a sitting, so long as the two parties have not separated from the place of trading, in which case the transaction is irrevocable. Not one of the sahabah opposed it, and this 'amal continued during the time of the tabi'un, with their imam and scholar Sa'id ibn al-Musayyib acting on it and giving fatwa accordingly, unopposed by anyone. Then the 'amal in the time of Rabi'ah and Sulayman ibn Bilal became different to it.
§ Look at the 'amal in the time of the Messenger of Allah, sallallahu 'alayhi wa-sallam, and the sahabah behind him, raising their hands in the salah, when bowing in ruku' and when rising from it. This was the 'amal in the time of the sahabah after him, to the extent that 'Abdullah ibn 'Umar, if he saw anyone not raising his hands, would throw a pebble at him. This 'amal was clearly seen, and the majority of the tabi'un practiced it in al-Madinah and other cities, as reported by al-Bukhari and Muhammad ibn Nasr al-Marwadhi and others from them. Then the 'amal afterwards became different to it.
§ Look at the 'amal, as if we could see it with our eyes, in the Messenger of Allah, sallallah 'alayhi wa-sallam, praying [salat al-janazah] over the two sons of Baydha', Suhayl and his brother, in the masjid, accompanied by his sahabah. And 'A'ishah prayed over Sa'd ibn Abi Waqqas in the masjid. And 'Umar ibn al-Khattab was prayed over in the masjid, as mentioned by Malik, from Nafi', from 'Abdullah. Ash-Shafi'i said: "We do not see that any of the sahabah who were present at his death refraining from his janazah, so this is an 'amal that is agreed upon by consensus according to you!" He said this to some of the Malikiyyah. And Hisham narrated from his father that Abu Bakr was prayed over in the masjid. So this is the 'amal in truth. Then the 'amal became different to it.

Ibn al-Qayyim said: "If the sunan were to be left for the 'amal, then the sunan of the Messenger of Allah, sallallahu 'alayhi wa-sallam, would become abandoned, their outer forms eroded and their traces effaced. How many an 'amal has been brought which opposes the clear Sunnah, down through the ages until now. Every time that a sunnah is abandoned and an opposing 'amal acted upon continuously, you will find in that case that only a minute portion of the Sunnah is acted upon, and then only partly. You may take uncounted examples, as many as Allah wills, of sunan that have been ignored, and acting upon them has been completely abandoned, so that if those who knew them were to act upon them, the people would say: "You have left the Sunnah!"

So it has been established that every 'amal which opposes the authentic Sunnah has not come by way of transmission at all but rather only by way of ijtihad. When such an 'amal opposes the Sunnah, it must be rejected. And every 'amal that has come by way of transmission is never in opposition to a single authentic sunnah in any way.

We have finished what we intended to say, and to Allah belongs all praise and gratitude.

And may Allah bless our Prophet Muhammad, and his family and all of his companions.

Umm Ahmed
13th January 2007, 08:13 AM
Alhamdulilaah, there are still plenty of muslims practicing al-'amal al-qadim.

That was a good read akhi .

JazakAllaah Khayran

Abu_Abdillah2000
13th January 2007, 10:25 AM
Alhamdulilaah, there are still plenty of muslims practicing al-'amal al-qadim.

That was a good read akhi .

JazakAllaah Khayran

Wa-iyyaki sister.

Actually the article, it seems, is directed primarily against certain adherents of the Maliki madhhab and (perhaps some from the Hanafi madhhab as well) who prefer the "mashhur" view of their madhhab over the authentic narrations, and who confuse the mashhur of their madhhab with the 'amal of al-Madinah. The 'amal of the people of al-Madinah is an important basis of the Maliki madhhab, and the purpose of this article was to highlight for them what was really the early 'amal, as opposed to the later one.

It is a common misconception among many Malikis that the well-known or "official" position of the madhhab (i.e. mainly Ibn al-Qasim's transmission from Malik) is synonymous with the 'amal of the people of al-Madinah, and also that the 'amal of the people of al-Madinah in Imam Malik's time (radhiyallahu 'anhu) had not changed from the time of the Prophet, sallallahu 'alayhi wa-sallam. In other words: Maliki mashhur = 'Amal of al-Madinah = Sunnah of the Prophet, sallallahu 'alayhi wa-sallam. This is a very widespread misconception among many of the Malikis, especially the contemporary so-called "traditional Muslim" Malikis, as can be noticed if one looks at the articles of Aisha Bewley, Yasin Dutton and others. This was refuted by many Maliki scholars themselves, Ibn 'Abdil-Barr is a good example.

Alhamdulillah, in many North African countries (traditionally Maliki), the da'wah of the Sunnah is spreading very rapidly, and those young men and women who are coming back to the religion are generally joining the da'wah salafiyyah.