Abdur Rahman ibn Yusuf Mangera – Hadith Series No Harm and Reciprocating Harm
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Hadith number 32 And the reciting Audrey Radi Allahu Anhu call
la Dora Allah Dirar la Dora while Dirar Hadith and Hassan rowhome No
matter what Dora could numerate Omar was nothing romantic for MATA
and I'm REBNY and
and I'm reviewing your here and an A B and in the BSL Alosa Marcellin
for a skata aside, well who took on your call? We bout to hear
about that. So what does this hadith mean? herbicidal Huri
Ignacy none that's his father's name. Radi Allahu Anhu relates to
the Prophet sallallahu alayhi wa sallam said, there should be no
harming no reciprocating harm. Essentially, there should be no
harm. This is the Hadith that is banning harm, that is frowning
upon harm in any way whatsoever. So what's the difference between
bearer and VR AR? If you look at the two words Dada, and there are,
there's only one letter difference, which is that there's
a Elif, in the second one, there are undara. So the essentially, in
Arabic, the root is the same Dada, which means harm, there should be
no Dada, which is transitive, right, you should not harm
anybody, in whatever state and there are, essentially, according
to this just means there should be no mutual harming, which means
that even if somebody harms you, you should not reciprocate with
harm. So it's the first one includes that that's just an
additional qualification of it. So you should not harm anybody
whether they've harmed you first or not, you should not harm
anybody. That's what this hadith is saying, in general. Now,
according to Imam Abu download, he says these are if you look at all
the Hadith, just like the previous one, was one of the fundamentals
of Islam. He said this one is actually one of the fundamental
fundamental Maxim's of Islamic jurisprudence. In Islamic
jurisprudence, we actually study this as a principle of governing
rulings, right. So it's a principle which governs governs
many rulings.
All the principles that you find in jurisprudence in Islamic
jurisprudence. Some of them are directly from the Quran, sunnah,
and this is one of them. This is a very strong principle because it's
directly related like that, in the Hadith. The Prophet saw some
related as a principal, Imam Abu Tao, it says in the whole middle,
a hadith ability or doodle fickle Allah. Fick basically revolves
around this jurisprudence revolves around this, this is a major
principle.
Some scholars say that Dada, and there are they mean the same
thing. It's just emphasis one has been said as emphasizing the
other. But actually, there is a subtle differences I explained
because there are comes from the verb in Arabic, the verb form in
Arabic, which talks about mutually doing something, it means that
you've been harmed by somebody else, can I reciprocate with harm?
No, you can't. And the first one is just like you can't harm
anybody anyway.
So
a few things now.
If you can't harm anybody can then somebody jumped to a conclusion
from this, that in Islam, you have these laws of source, right? Of An
eye for an eye and so on as the as the Jew as the Jews had as well,
in the Torah, from the Torah, the Old Testament. So what about that?
Isn't that harming somebody? What about penalizing somebody? What
about punishing somebody? So for example, if I, if you get a ticket
for driving too fast, or going through a red light and you being
harmed, because you got a ticket, you have to pay maybe 100 pounds
or something, and then you get three points, and thus your
insurance goes up? That's a huge harm, isn't it? Right? Are you
allowed to do that? Can you confiscate things of people that's
harming them. So of course, all of those things will be except
exempted, because they unnecessary for a different reason. In fact,
if you didn't do that, that would be a greater harm. So this
principle actually subsumes a number of other principles, that
if there's two harms, then it's not like, Okay, you can't do any
of them, because they must want must be done. So then you choose
the lesser harm. Right? Then there are other, there are other
challenging issues such as there's a particular harm to an
individual. But if you do not penalize that particular
individual for what they're doing, maybe confiscate a certain amount
of property from them, it's actually going to cause for
example, let's just say that somebody's got a wall. Right? And
it is, counselors, actually, a lot of the laws of the your local
council relate to this, right? A lot of them are the same. So
you've got a wall, which is, could topple over, because it's not
firmly built. And it's it could affect passes by passes by the the
general Falk. That's your ownership. So at the end of the
day, if you've got your own possession, you should be able to
do what you want with it. I can't force you to take it down. But the
council has the right to force you to take that down because it could
create a greater harm for the people in general. So there you
are being harmed, but that's because to save people from a
greater harm or to save
More people. Right? So harm has to be put into perspective,
essentially.
Number two, if the professor was saying this, right, and you look
at his Dean, if he's the one who's
essentially decreeing this idea that it means that our Sharia, if
you look at it also does the same thing, because this is a principle
of the faith. So what this denotes is that the entire Sharia of
Islam, right, our Islamic law is actually based upon this. So I'll
give you some examples. Right? So for example, we have a
any of the rulings of Islam can never be harmful to you.
Because they've in there is assumed your welfare, our welfare,
because they can't be harmed in following any of the commands of
Islam properly. Yes, when you have, when you don't do it
properly, then there could be harm, right? Allah subhanho wa
Taala says called Amara, Robbie will test
say that my Lord commands to justice, justice does not provide
harm does not lead to harm.
In namaha, Rama Robbie Alpha Hirsch, Muhammad Halima bottom,
right? Which again, supports this idea say that my Lord has made
unlawful all immoral things that which are apparent those which are
apparent and those which are hidden, everything immoral, is
prohibited. That supports this idea that there's no harmful
religious law as such. And then number three, since they can't be
harmed. That's why in our Sharia, we've got this system of
discretion built built in, where you can't do something in the
optimal way. Because you have an excuse, you're allowed to use the
discretion. So some of the
some of the verses what Majak either Magetta it confit de naman
heritage, Allah has not provided you difficulty or imposed on you
difficulty through the deen. That's not the objective of Allah.
That's not the purpose of the deen. And then the more famous
verse, well known one more explicit law you can leave Allahu
nevsun allows Allah, Allah does not.
Allah does not make anybody responsible for what they
physically cannot do.
For example, Allah will never tell a blind man that you must look.
Because that's impossible for them. That means anything that is
legislated like five daily prayers, it's within our ability.
It's within our ability, an 18 hour fast or even a 20 hour fast.
Even children do it.
And if you haven't experienced that you think is difficult. So,
you know, our fast is getting easier now. But for the last five,
six years, they were it especially if you follow the earliest the
whole time, it was about 20 hours. Right? It was about 20 hours,
right for the last year. And if you go to Norway, and so on is
about 22 hours. My six year old kid kept a few of them at that
age. Then I went to South Africa. And the scholars, they were
telling me that don't you guys have a discretion? 22 hours, 20
hours, 20 hours? How did you do that? So like my kid is doing it?
My 10 year old kid is doing it. So when you don't experience it, you
think it's too difficult, but Allah actually gives human
ability. How many disabled children do you see? And their
parents are actually looking after them? And you look and you think
how can they provide so much care for their child and yet Masha
Allah, Allah makes it easy for them to do that.
So Allah will never place upon you a burden that you cannot bear as a
responsibility.
Right, that you will be rewarded for doing it. And if you don't,
you'll be punished. So it can't be a legal responsibility
essentially. And then we have numerous examples of that if you
can't stand and pray use it. That's what you get, you get the
concept of faith in Sharia from right of lightening the burden
discretion. So if you can't stand and pray, you sit, if you can't
use water, you make their mum, right, the dry ablution
if you are traveling and you think you're unable to fast, then you
forego the fast and you make it up later. All of that comes under
this narration this principle that Allah doesn't want harm for you.
And he's the professor awesome is mentioning that as a principle so
how can the dean of harm and say no, you're forced to fast even if
you find it difficult to do so.
Likewise, for a person who's sick, they don't have to fast they can
fast later on in a smaller day, in a in a shorter day. And if they're
going to be not well for the rest of their life and they can't
physically fast for the rest of their life, then they're able to
pay it off. And if they don't have the money, well then maybe Allah
you know, then Allah is Forgiving and sha Allah is new, numerous
things like that. Another thing
The Sharia has essentially prohibited from
numerous transactions which are considered to be inherently
harmful.
For example, one of the reasons why interest and user is haram,
and is unlawful is because it's harmful. And it's leads to harm
and how many people lose their possessions. How many people lose
their assets. And the money always travels up in these things. It
never travels down. Right? It always travels up to the
executives and so on. And they get bailed out. For example, it's not
allowed for a person on their deathbed, for example, or, or even
before their death, to give away most of their wealth, or a lot of
their wealth in order to deprive their children,
or to give more to a certain child in an unfair way, somebody came to
the Prophet sallallahu sallam, and he said, I want you to bear
witness that I've given this son of mine, this among these assets
as a gift. So the person hold on. Have you given that to your other
children as well? He said, No, he said, then how can you make me
witness to something which is unfair?
Right. Now, I do want to clarify that if you're a parent, and
you've got several children, and there's somebody who's very poor,
and you give them something, and the others are well off, then
that's understandable. So it's not like hard and fast rule that you
must give each one exactly the same all the time. There could be
valid considerations there. But if you do it to deprive the others,
that's a problem.
In general, I mean, in general, yes. So you can see this
particular ruling or principle of the Hadith permeate pretty much
everything. Let's go into husband wife relationships. So for
example, it is, as Allah says, In the Quran for MC Cohoon, to be
Morrow, you've got a problem with your spouse, now the man has the
control of the divorce. Right? The he's got the discretion for the
divorce. So now he doesn't use that discretion. What he does is,
if the marriage is irretrievably broken down, but he does, he
should just divorce so Allah says was suddenly who, who NESARA and
Jamila, right, just let them go nicely, in a beautiful way, just
separate. And what IATA Farakka Yogen, Allahu coulomb insanity, if
they do separate, Allah will enrich each one, through His grace
through his vastness. So think about that, and do that. I've run
into number of cases where the husband is unwilling to divorce
even though it's irretrievably broken down. Now, the problem is
in there is that he's not harmed, because he can actually have more
than one wife, technically speaking, so he could marry again,
and not have anything to do with this first wife. But she's still
in his Nikka, which means that she can't move on. And they can't be
reconciled. That's punishment. And that's not allowed. Likewise, what
some people do is that they finally give a divorce,
an explicit divorce, and then she has to go in it for three, three
menstrual periods. And he has the right to take it back within that
period. And if he if that period elapses, then then she's
independent. Well, he does they they wait right until the end,
maybe I shouldn't even say this, because I don't give people ideas,
right. And they take them back on the last day. So they're like, in
proper limbo. And that's all prohibits it. That's la Dora wala
Dirar. That's what the prophets Allah is missing. Right. And
there's numerous other things. For example, when it comes to
pretty much everything, that's the laws of Islam, this principle
governs a lot of those laws of laws of Islam. Likewise, for
example, when it comes to issues with
permits for extension building, and so on, you're not allowed to,
for example, build
an extension high enough that actually blocks fresh air from
your neighbor, or the light from your neighbor, but the council
will tell you the same thing, I guess. Right? So a lot of these
laws are built in it's just common sense law, some of them, a lot of
them are common sense.
Likewise, it's actually not permitted to build a higher higher
extension in a way that overlooks your neighbor's private area. Now,
in England, that's not such a big deal. In some cases, it is that
you're not allowed to have I mean, you should know this sounds right.
You're not allowed to have a window in certain sides of the
building or something, right, you can only open them in certain
sides and whatever. But where the concept of hijab is even more like
in place like Morocco, Muslim countries, this is very important.
So he actually says that men should not be on the roof of the
house because they can overlook into the private courtyard of the
next house, because in these hot countries, they have courtyards,
in the middle of the reorders such right, and the only person I can
look in there is people so they say, what happens in Syria, for
example, is that he keep pigeons on the roof. And they say the
reason why you shouldn't be doing that is because then husbands go
up they will men go up. This is
Then the women in adjoining houses feel vulnerable that they can't go
out and relax. Right. So all of that is governed in those kinds of
situations. Likewise, your neighbor, law daughter, or
whatever there are. An amazing story is mentioned, I just read it
yesterday says that as a person who was complaining of a huge
amount of mice in his house. So when somebody said to him, it's a
simple, it's a simple solution, because get a cat.
So you know what he said,
his focus is so much on the shittier, and so on. He said, The
only problem with that is that if I get a cat, the mice are gonna
get scared, they're gonna find out, then they're going to run
into the neighbor's house. So then my neighbors are going to have the
have the mice Subhanallah
he'd rather bear that for himself than harm his neighbor. If only
the all of us could be like that, if
now, the Sharia doesn't tell you, you can't get a cat in. And this
was his personal perspective. Because at the end of the day,
sometimes you do have to do things, but you try to do it in a
way that you don't send everything that side, right to next door. And
in our Sharia, if you look, read our fifth, actually, it goes down
to such a level, let's just say that we both own something. Let's
take an example of a market, right? Or a parade of shops.
And the majority of them or an apartment, right? A group of
apartments, the majority decide that they need to have security.
And you're like, I don't need my security, because, you know, I got
my own security.
Can they force you to pay for everybody's, you know, as into
that common pot of security? And they said, Yes, they can, if the
majority agree to something there, why it's actually going to cause
you harm. But this is actually for the benefit of others for
everybody else. And the majority actually have a have a part to
play here. So it gets very deep. And this is what the Mufti is deal
with these kinds of questions.
So can you imagine it a simple principle like that made up of two
words, because law is just a negating term dollar and there are
Dawa, there are essentially is so helpful, and it governs so many
laws in Islam, social laws, right? personal interaction laws,
building laws, and numerous other laws. And that was in brief.
May Allah subhanaw taala protect us from harming others? And may
Allah subhanaw taala protect us from being harmed by this? Final
thing is one of the laws that comes from this is the old Mufasa,
mocha Derman, Allah gel Bill Masada.
That's a very important one. You know, when you've got this thing
that okay, if I do this, I'll get a bit of benefits.
I'll get some benefits. But then the some small amount of harm will
also be entailed. Are you allowed to do that? So the general default
principle in that case is, is better to repel the harm than to
bring the benefits. So let's just say that a masjid decides that we
don't have too many youth coming in. So let's have a concert. Now
concerts are problematic, right? But it's going to attract people.
Now the churches have been doing this, but really, it hasn't given
them any kind of sustainability. People come for that. But then
there's other places where you get better concert. So why should they
come to the church is actually just distilled everything. So
they're
the harm that's entailed, because of the unlawfulness of what will
be committed there, right does not justify the ends. This is where
there's a huge amount of confusion, right? We come up with
creative ways sometimes with sometimes include problematic
components, because we want basically shaytaan puts it in our
mind sometimes that the end will justify it. So that has to be
looked at very carefully, because the default regulation there is
that it's actually superior or necessary to repel the harm than
to than to invoke the benefits. So let's leave it there. Leave it if
you have any questions, then I can leave it to that.