Wednesday, December 10, 2014

Going to the Bathroom - One Should Not Talk (Tamaam al-Minnah)

Continuation from: Fiqh Sunnah "Going to the Bathroom" point no: 3

Under the topic of “Going to the Bathroom”   [pg. 16 – PDF pg 41]
His statement on point no: 4

 [pg. 17; paragraph: 3 : ”One should not talk”; – PDF pg 42 (Arabic pg 22)]

My comment: The hadeets is Da‘ief (weak) as it’s isnad is not Sahih due to 2 defects:

Firstly: It is from ‘Ikrimah’s (bin ‘Ammaar) narration from Yahya bin Abie Katsier from Hilaal bin ‘Iyaad from him and scholars (of Hadeets) vilified (i.e. spoke ill of) the narration of  ‘Ikrimah from Yahya specifically, for Abu Dawud said: “There is Idtirab (inconsistency) in the hadeets of Yahya bin Abie Katsier”.
Al-Hafiz also said in at-Taqreeb: “He is a Saduq (acceptable) (yet) Yaghlatu (errs) and his narration from Yahya (there is an element of) Idtirab (inconsistency) and he did not have a written record.”
My comment: From his Idtirab (inconsistency) in this hadeets is that once he (claimed to have) narrated it from Yahya  from Hilaal and in another occasion from Yahya bin Abie Katsier from Abie Salamah from Abie Hurairah and most probably due to this that al-Mundziriy said in at-Targheeb after mentioning it as from the hadeets of Abie Hurairah via the narration of at-Tabaraaniy: “It’s isnad is layyin (flaccid – not firm)”
Secondly: as for Hilaal bin ‘Iyaad,  
al-Mundziriy commented: “he is counted as among the Majhooleen – unknown narrators” and
adz-Dzahabi said: “Unknown” whereas
Al-Hafiz said in at-Taqreeb: “Majhool - unknown”
For that reason I included this hadeets in my book “Da‘ief Sunan Abie Dawud” no: 3 and I commented on it extensively and ash-Shawkaanie did not notice (as) in (his) as-Sayl: 1/68 of the first defect and he rejected the second by saying that Hilaal has been classified among the Tsiqaat (trustworthy reliable narrators) by Ibn Hibbaan in his ats-Tsiqaat, with the probability that he did not remember the commentary of Al-Hafiz and others on Ibn Hibbaan’s leniency in his grading of Tsiqaat (trustworthy reliable narrators) and the statements of those who classified him (Hilaal) as an unknown narrator and he has been named “‘Iyaad bin Hilaal” and this is exactly how Ibn Hibbaan listed him in his ats-Tsiqaat (5/265) and he did not mention any other narrator narrating from him except Yahya bin Abie Katsier!
When it is clear that the hadeets is weak, it is not permissible to make it a basis for any ruling and it is in fact not permissible to mention it unless with a clarification of it’s weakness, this is as for what I understood from the hadeets related to the prohibition of talking to another person when both of them are exposing their ‘awrah (private parts) (while they are relieving themselves in their own separate individual cubicles), as for the meaning of the hadeets without (the prohibition of) exposing, I do not see that it serves as a proof for it’s prohibition, if it is Sahih (reliable), do contemplate on that.  (pg 59 – Tamaam al-Minnah, Daar ar-Raayah; 1409 Hijriyah) 

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