Overview of the book
Ḥukm al-ʿAmal bi al-Ḥadīth ʿinda ‘l-Muḥaddithīn wa ‘l-Fuqahāʾ by Shaykh ʿAbdul Fattāḥ al-Yāfiʿī is an excellent contemporary work on the ruling of using ḍaʿīf aḥādīth (weak narrations). It summarises the multifaceted discussions on the topic in only 60 pages, making it easy for the reader to become acquainted with the main points on the topic.
The book contains three chapters:
- acting upon ḍaʿīf aḥādīth in faḍāʾil (virtues),
- acting upon ḍaʿīf aḥādīth in aḥkām (juridical rulings), and
- others categories in which the usage of ḍaʿīf aḥādīth is permitted.
Instead of discussing the reasons and evidence behind why the usage of ḍaʿīf aḥādīth is permitted in some categories unrestrictedly, and in others, with some conditions, the author mainly brings the quotations of many scholars from among the muḥaddithūn and fuqahāʾ such the four imams of the madhhabs, Imām Ibn Maʿīn, Imām Bukhārī, Imām Ibn Taymiyyah, among others; proving that they would use ḍaʿīf aḥādīth as evidence in some instances.
One of the main distinguishing features of this book is that the author brings many examples of how the imams of the four madhhabs have utilised ḍaʿīf aḥādīth to deduce juridical verdicts; especially in matters for which there are no sound aḥādīth. Lastly, he incorporates a few uṣūlī points throughout the books as well, in terms of the terminologies that should be used for various rulings based on the strength of their evidence.
It is not an exhaustive work but is definitely a bare minimum that one should read, especially before making any conclusive statements on the topic, or claiming that weak narrations hold absolutely no weight in Islamic jurisprudence. Great source of reference.
Excerpts from the book
Imām Nawawī said, ‘We have previously mentioned the consensus of scholars upon [the permissibility of] acting upon ḍaʿīf aḥādīth in [the matters of] virtues, excluding [the matters of] ḥalāl & ḥarām.’
Imām Ibn Ḥajar al-Haythamī said:
The scholars have agreed upon the permissibility of acting upon ḍaʿīf aḥādīth in [establishing] the virtues of actions; for if it is truly sound, then one will be given in accordance to his practise on it, otherwise, there is no harm of rendering something permissible or impermissible, and no one’s right is being forfeited.
He also said, ‘It has been unanimously established that ḍaʿīf aḥādīth which include mursal, munqaṭiʿ, muʿḍal, and mawqūf can be practised upon in the [matters of] the virtues of actions.’
This position has also been transmitted from:
Imām Sufyan ath-Thawrī, who said, ‘Do not take this knowledge regarding ḥalāl & ḥarām except from the experts who are renowned for ʿilm, who understand addition & deduction [of texts]. In all other matters, it is fine to be lenient from mashayikh.’
Imām Ibn ʿUyaynah, when he said, ‘Do not take from Baqiyyah regarding the matters of sunnah (a term used prior to 2nd century AH in reference to juridical rulings), but take [ḥadīth] from him regarding the matters of reward etc.’
Imām Aḥmad, who stated:
When we relate from the Prophet (ﷺ) regarding the matters of ḥalāl & ḥarām, sunan, and laws, we are strict regarding their chains, but when we relate from the Prophet (ﷺ) in the matters of virtues, and what does not establish [a new] ruling, nor annuls a previous one, we deal with leniency.
Ibn Abī Ḥātim stated, ‘[…] From amongst the narrators are the truthful abstinent ones, and those who are negligent who are overcome with confusion, errors, and blunders. Thus, such a narrator’s ḥadīth is written for [the matters of] exhortation, warning, piety, etiquettes, and not for [the matters of] ḥalāl & ḥarām.’
This opinion is also quoted from Imām Sakhāwī, Imām Ibn Mahdī, Imām Ahmad, Imām Ibn Maʿin, Imām Ibn al-Mubārak, and the two Sufyans. Imām Ibn ʿAbd al-Barr said, ‘For the aḥādīth of virtues, we do not require such [absolutely strong] reliable narrators.’
Imām Ibn Mahdi’s exact words are, ‘When we relate from the Prophet (ﷺ) regarding the matters of ḥalāl and ḥarām and aḥkām, we are strict in the chains and criticise the narrators, but when we narrate aḥādīth regarding virtues, reward, and punishment, we are lenient regarding their chains and we overlooks [the shortcomings] of the narrators.’
Imām Suyūṭī said:
According to the people of ḥadīth and others, with an exclusion of mawḍūʿ aḥādīth (fabrications), it is permissible to be lenient regarding ḍaʿīf aḥādīth, and narrate them, and practise upon them without mentioning their weakness in other than the [matters of] the ṣifāt of Allāh Taʿālā (& other ʿaqīdah matters), as well as ḥadīth & ḥarām. This includes matters of stories, virtues, advice and other such topics that do not relate to ʿaqidah and aḥkām.’
Imām Bayhaqī said: ‘[…] (Ḍaʿīf aḥādīth) can be used in the matters of duʿās, encouragement, warnings, commentaries, and battles; matters that do not relate to aḥkām (laws).’
Some claim that Imām Bukhārī was of the opinion that ḍaʿīf aḥādīth cannot be used generally. Al-Qāsimī mentions this and states that Imām Bukhārī’s practise in his al-Jāmiʿ is evidence for this. This is an incorrect attribution as Shaykh ʿAbd al-Fattāḥ (a leading 20th-century scholar of Ḥadīth & Hanafī Fiqh) explained:
Imām Bukhārī holds the same position as Imām Aḥmad in his al-Adab al-Mufrad, as he has transmitted a large amount of ḍaʿīf aḥādīth and āthār (weak prophetic narrations & non-prophetic reports) whilst taking it as evidence. Sometimes it (the weak narration) is the only piece of evidence in the whole chapter; which contains weak, unknown, and denounced narrators.
He then gave some examples such as the following:
Hafiẓ Ibn Ḥajar said that Imām Bukhārī related three aḥādīth from aṭ-Ṭafāwī, the third of which was in the Chapter of Heart-Softeners […] It seems that Imām Bukhārī was not strict [regarding his ḥadīth] because it was in the category of encouragement/warnings.
The opinion of the four madhhabs
The Hanafī scholar, Imām Ibn al-Humam said, ‘If the ḥadīth is not rigorously authentic (ṣaḥīḥ), then as long as it is not mawḍūʿ, it will be acted upon in the virtues of actions.’
The Shāfiʿī scholar, Imām Nawawī said:
‘The scholars have said that ḥadīth is of three types: ṣaḥīḥ, ḥasan, and ḍaʿīf. They said: In the matters of aḥkām (laws), it is [only] permitted to take evidence from ṣaḥīḥ and ḥasan aḥādīth. As for ḍaʿīf aḥādīth, one is not permitted to use it as evidence in the matters of aḥkām and ʿaqāʾid; however, one is permitted to use it in the matters of stories, virtues, exhortations and warnings.’
The Ḥanbalī scholar, Imām Ibn Taymiyyah said: ‘[…] Therefore, the scholars would be lenient regarding the chains of the aḥādīth of exhortations and warnings in a manner in which they would not be lenient regarding the chains of the aḥādīth of aḥkām…’
Imām Ṣāwī from the Malikiyyah said, ‘[…] And as for the matters of virtues, etiquettes, etc., weak narrations and reports reported from the pious predecessors can be utilised. Imām Ibn ʿAbd al-Barr has said: The ahadith of virtues will not require strong reliable narrators [rather; weak narrators will suffice].’
Examples of how the madhāhib have based their verdicts on a ḍaʿīf ḥadīth
Ḥanafīyyah
The establishment of ṣalāt al-ḍuhā being a maximum of 12 units. Imām Ibn ʿĀbidīn mentioned this verdict and said that it is based on the narration of Sunan al-Nasāʾī and Jāmiʿ al-Tirmidhī which contains weakness. However, he says: It has been established that weak narrations can be practised upon in the matter of virtues of actions. Similarly to the above is the verdict of cutting nails on the day of Jumuʿah, in that is is based on narrations that are individually weak.
Mālikiyyah
Staying up in worship on the night of the two Eids according to the Mālikī madhhab (not meant to be a verdict, rather just a translation of what this author mentions): Ibn al-Furāt said: It is liked to stay up on the night of Eid in worship due to the ḥadīth of: “Whoever stays up on the night of Eid, his heart will not die on the day that all hearts die” – It has been related via a marfūʿ and mawqūf route both of which are weak; but it is overlooked in the aḥādīth of virtues.
Shawāfiʿ
Saying أقامها الله وأدامها when the muqīm says قد قامت الصلاة: it is based on a narration of Sunan Abī Dāwūd via Abū Umāmah, which is a weak narration; one of the narrators is unknown and Muḥammad ibn Thābit (another narrator in the chain) is weak. Thus, the ḥadīth would be considered ḍaʿīf.
Just like the Mālikiyyah, Imām Nawawī has also stated that spending the night of Eid in worship is mustaḥab, based on aḥādīth that are individually weak. From this, we understand that sometimes the weak narrations are corroborated, and sometimes they are not; the point still stands.
Interestingly, Imām Shāfiʿī mentions in al-Umm: It would be said that supplications are accepted on five nights: the night of Jumu’ah, the night of Aḍḥā, night of Fiṭr, first night of Rajab, and the night of the 15th of Shaʿbān. Turns out that the people who encourage the worship of the night of Shaʿbān have some type of evidence after all (and there is much more actually!)
After mentioning a few other virtuous acts, Imām Shāfiʿī said, ‘And I consider mustaḥab all that which has been mentioned in these nights, without them being considered obligatory (farḍ).
The author then said, ‘Imām Shāfiʿī and companions consider it mustaḥab, despite the ḥadīth being weak because we have previously mentioned that weakness is overlooked in the aḥadīth of virtues, and they are acted upon.’
Ḥanābilah
Such as the adhkār for washing each limb in wuḍūʾ. In Maṭālib uli ‘n-Nuhā it is mentioned: ‘A weak ḥadīth has been reported regarding it, and it is acted upon in virtues of actions. [Imām] Al-Jalal al-Maḥallī said, ‘It has been reported from the Prophet (ṣal Allāhu ʿalayhī wa-sallam) via multiple chains in the Tārīkh of Ibn Ḥibbān; despite it being weak, it is acted upon in virtues or actions.
The Hadith Disciple 