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Madhab of Imam Malik on traveling for the grave of the Prophet (saw)

This is a discussion on Madhab of Imam Malik on traveling for the grave of the Prophet (saw) within the Islamic Theology and Ideology forums, part of the Islamic Knowledge category; Shaykh Al-Islam Ibn Taymiyah mentioned in his “Rad ‘ala Al-Akhna’i” p 42 and after of the edition with the verification ...

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    Default Madhab of Imam Malik on traveling for the grave of the Prophet (saw)

    Shaykh Al-Islam Ibn Taymiyah mentioned in his “Rad ‘ala Al-Akhna’i” p 42 and after of the edition with the verification of shaykh ‘AburRahman ibn Yahya Al-Mu’alimi:

    “And Shaykh Isma’il ibn Ishaq who is among the greatest scholars of Muslims, and among the greatest of those who were given the responsibility to judge all judges, until he became the only responsible of this in the whole country during the reign of Banu Al-‘Abbas in the caliphate of Al-Mu’tadhid, mentioned in his “Mabsut” what has been mentioned before, in the chapter of going to the mosque of Quba and praying in it, when he mentioned the saying of Muhammad ibn Maslamah that “the one who vowed to go to the mosque of Quba, then it is obligatory for him to go” he (Isma’il ibn Ishaq) said: “This is only for the people of Madinah and people close to it for those who do not need to prepare their riding camels (to travel) to the mosque of Quba, because preparing the riding camel means it is a travel, and travels should not be undertaken except for the three mosques according to what is narrated from the Prophet (saw) and this includes vows and other than them.”

    He (Isma’il ibn Ishaq) said: “It has been narrated from Malik that he was asked about the vow to go to the grave of the Messenger of Allah (saw) and he answered: “If he intended the mosque, then he should go and pray in it, and if he only intended the grave then he should not do this because of the Hadith saying: “The riding camels should not be prepared (for travel) except to the three mosques.””

    And he (Isma’il ibn Ishaq) mentioned in it (“Al-Mabsut”) that Malik said about the one who vowed to go to any mosque among mosques (other than the three) to pray in it: “I consider this forbidden for him (Akrahu lahu) because of his saying: The saddles of camels are not bounded (meaning one should not travel) except to three mosques: The mosque of Al-Haram, this mosque of mine and the mosque of Al-Aqsa.”

    And it has preceded that there is in “Mudawwanah” and other books (of Maliki Fiqh) what agrees with that. He (ibn Qasim) said in Al-Mudawwanah: “The one who says: “By Allah it is obligatory upon me to go to Madinah or Bayt Al-Maqdis or to walk to Madinah or Bayt Al-Maqdis” then he should not go at all except if he intended to pray in their two mosques or he names them and says: “To the mosque of the Messenger or the Mosque of Ilya (Bayt Al-Madis) even if he did not intend the prayer in them two. Then (if he intended to pray in the two mosques or names them without the intention) then he should go by ride and there is no sacrifice (for breaking vow of walking), and naming them (two mosques) is as if he said: “By Allah it is obligatory upon me to pray in both of them.” And if he vowed to pray in other mosques among cities other than these (meaning three mosques) then he should pray in his city and should not go.”

    So it has been made clear that if someone intends to pray in the two mosques, then he should fulfil his vow, and likewise the one who named these two mosques because the mosque is only for prayer (so naming the mosques is making the intention to pray in them), and if he vowed to go to the city by itself then he should not go to it, and this includes going for the visit of the grave of the Prophet (saw) and the graves of the martyrs (of Uhud) and people of Al-Baqi’, and going to the mosque of Quba, in the same way as it includes the prohibition from travelling to Bayt Al-Maqdis for the purpose of visiting the graves and relics (Athar) of Prophets present there.

    So going to the mosque (of Makkah) for other than prayer like for touching and kissing the (black) stone or going to stand on the night of ‘Arafah and doing Tawaf of the (black) stone and others that people believe to be worship and that is not worship or is a worship but for people residing there but travel should not be undertaken for this, like the visit of graves of Muslims to invoke and to seek forgiveness for them, and this is recommended for the one who goes to the cemetery or the one being close to it and travel is not undertaken for this.

    And Malik and others forbade to travel to Madinah or to Bayt Al-Maqdis for other than the prescribed worship in there two mosques, whether the traveller travels for an action that is not legislated at all or that is legislated for those living close but travelling is not legislated for their purpose.

    And likewise the Madhab of Malik is that one should not travel to Madinah for anything (other than praying in the mosque) rather it is a prohibited travel according to him and prayer should not be reduced in it (as the travel is forbidden), but some of his companions like Muhammad ibn Maslamah exempted the mosque of Quba, and ibn Abdil Barr declared the travel to other than the three mosques permissible but the vow of it is not binding as it is not an action by which closeness (of Allah) is sought as it is also said by some companions of Ash-Shafi’i and Ahmad.

    As for the majority of Malik’s companions, they are upon his saying that travelling to other than the three mosques if forbidden, it is not permissible to do it, and if one vowed to do it then it is not recommended according to any of them. Qadhi ‘Iyad said: “It is not permissible to travel to other than the three mosques for the one who vowed it or for the one doing it voluntarily.” Abu Al-Walid Al-Baji said before him about the travel to the mosque of Quba: “It is forbidden”.

    And Qadhi ‘Abdul Wahab Al-Baghdadi Al-Maliki said in “Al-Furuq”: “The difference between the two cases, the vow to walk to Bayt Al-Haram is binding, and this is not binding to Madinah or Bayt Al-Maqdis or any other place where one gets close to Allah by going to it.” He said: “And the difference between the two is that walking to the House of Allah is an action of obedience and it is binding and for Madinah and Bayt Al-Maqdis only praying in their two mosques (is an action of obedience), and the vow of walking (towards them two) is not binding as there is no obedience in it. Do you not see that the vow to pray in their two mosques is binding and he if he vowed to go to the mosque for other than the prayer then it is not binding upon him to go?”

    So he (Qadhi Abul Wahab) clarified that there is no obedience in walking towards Madinah and Bayt Al-Maqdis, and obedience is only to pray in their two mosques, and if someone vows to go to the mosque for other than the prayer then it is not binding upon him based on the fact that it is not an act of obedience…

    The aim is to show that this topic is included on the summarised books (of Maliki Fiqh), and Abu Al-Qasim ibn Julab mentioned it in “At-Tafri’” saying: “The one who says it is obligatory upon me to walk to Madinah or to Bayt Al-Maqdis, if he intends to pray in their two mosques then going by ride to them and praying in them is binding upon him, and if he did not intend this, then there is nothing (binding) upon him. And if he vowed to travel other than the mosque of Al-Haram or the mosque of Madinah or the mosque of Bayt Al-Maqdis, then if he is close and this does not require a travel then he should go and pray in it, and if it is far and cannot be reached except by a travel then he should stay in his place and there is nothing (binding) upon him.”

    And this difference that ibn Julab mentioned about all other mosques (other than the three) between the close and the far, this has been mentioned before him by Muhammad ibn Al-Mawaz in his “Al-Mawaziyah” and others, and he said: “As for the travel to the two cities, the Madinah of the Messenger (saw) and Bayt Al-Maqdis for other than praying in their two mosques, then it is not considered as recommended by any of them, rather the majority forbade it and declared it to be prohibited agreeing with Malik because of his (saw) prohibition: “The saddles of camels are not bounded (meaning one should not travel) except to three mosques.””

    And this has been mentioned by ibn Bashir on his ‘Tanbih” and Al-Qayrawani in his “Taqrib” and others among the companions of Malik.” End of ibn Taymiyah’s words

    I will add more quotes from “Al-Mudawwanah” of ibn Al-Qasim. In the chapters of vows he mentioned:

    “And Malik said: “The one who says: “It is obligatory upon me to walk to the mosque of the Messenger or to the mosque of Bayt Al-Maqdis” then he said: “He should go by ride and walking is not binding upon him, and the one who says: “It is obligatory upon me to walk to the House of Allah” this one should walk.

    And he said: Malik said: “The one who says: “By Allah it is obligatory upon me to go to Madinah or to Bayt Al-Maqdis, then there is nothing (binding) upon him except if he intended by this saying of him to pray in the mosque of Madinah or in the mosque of Bayt Al-Maqdis. If this was his intention (Niyah) then it is obligatory for him to go to Madinah or to Bayr Al-Maqdis by ride, and it is not obligatory for him to walk even if swore to walk and there is no sacrifice for him.”

    And he said: “Malik said: “And if he says: “By Allah it is obligatory upon me to walk to the mosque of Bayt Al-Maqdis or to the mosque of Madinah, then going to these two and praying in them is obligatory upon him.” He said: “And if he says “It is obligatory upon me to walk to the mosque of Madinah and the mosque of Bayt Al-Maqdis” then it is different from his saying: “It is obligatory upon me to walk to Madinah or to walk to Bayt Al-Maqdis, and this (difference) is because if he says: “It is obligatory upon me to walk to Bayt Al-Maqdis” then it is not obligatory for him to go except if he intended to pray in it, and if he said: “It is obligatory upon me to walk to the mosque of Madinah and the mosque of Bayt Al-Maqdis” then going by ride and praying in them is obligatory for him, and if he did not intend the prayer and he said: “It is obligatory upon me to walk to these two mosques” it is as if he said: “By Allah it is obligatory upon me to pray in these two mosques.” End of quotes from “Al-Mudawwanah”

    And there are similar quotes in the chapter of Hajj. Yet, the words of Imam Malik are clear, that one should only go to Madinah if he intended to pray in its mosque, and if he mentioned in his vow the mosque even without intention, then mentioning it includes its intention as mosques are only for prayer.

    And ibn Taymiyah said in “Rad ‘ala Al-Akhna’i” p 36: “These issues are mentioned in the little and big books (of Maliki Fiqh), and it has been made clear in it that the one who vows to walk or go to the Madinah of the Messenger (saw) or to Bayt Al-Maqdis then he should not go except if he intended to pray in the two mosques. So this makes clear that travelling to Madinah and Bayt Al-Maqdis for other than the prayer in their two mosques is not an act of obedience, it is neither a recommended action nor an action by which closeness (to Allah) is sought, rather it is forbidden even if he vowed it because of his (saw) saying: “He who vowed to obey Allah then he should obey Him, and he who vowed to disobey Allah then he should not disobey Him.” This has been narrated by Al-Bukhari and others and it is also among Hadith in “Muwatta” of Malik.

    So the one who travelled to Bayt Al-Maqdis for other than the legislated worship in the mosque, like visiting the graves of Prophets and saints present there and their relics (Athar) then he is sinful according to him (Malik), and if he vowed so then it is not permissible for him to fulfil his vow, and likewise for the one who travelled to the grave of Al-Khalil or others, and likewise for the one who travelled to the Madinah of the Messenger (saw) for the only purpose of the grave and not for the legislated worship in the mosque, then he is a sinner, and if he vowed this then he should not fulfil his vow and it is the same if he travels for the purpose of his grave or because of other graves and relics (Athar) present there or for the mosque of Quba or other than these.”end of ibn Taymiyah's words

    Al Hamdulilah I have translated the whole Jawab Al-Bahir of ibn Taymiyah, and I hope it will be pubslihed soon after being revised by english born brothers, and this will be among its annexes.

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    Al Hamdulilah I have translated the whole Jawab Al-Bahir of ibn Taymiyah, and I hope it will be pubslihed soon after being revised by english born brothers, and this will be among its annexes.
    I hope this is out soon...waiting ..!!

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