Question:
Salam,
1] I was reading a translation of usool al-Shashi (Hanafi Fiqh), and it mentioned that Sayyiduna Imam al-Shafi,rahmatullahi ta’la alayh, (on the section of ‘ majaz and haqiqat‘), that Imam al-Shafi allowed marriage with ones illegitimate daughter, does this not contradict the 18 or so women that it is haram to marry, through qati nusus and it is qati in meaning, and by way of ijma also?
Please could you clarify this so that I have a better understanding?
2] Also has Imam Hakim al Tirmidhi, rahimuhullahi ta’la alayh, mentioned in his book on wilayat that the saints of a Prophets ummat can be better then the Prophet?
Please see this quote,
“It is known that later authors, such as Al-Dhahabi, maintained that al-Tirmidhi placed the friends of God [saints] in rank above the prophets – and this assertion was repeated, at least for some time, in Western literature.”
See B. Radtke, “The Concept of Wilaya in Early Sufism” (483-496) in L. Lewisohn, ed., Classical Persian Sufism: From its Origins to Rumi (London: Khaniqahi Nimatullahi Publications, 1993), p. 492. Radtke has also expressed scepticism of the detail that Tirmidhi settled at Nishapur, viewing this as “highly improbable” (The Concept of Sainthood, p. 1).
3] My question is this, I thought in accordance to the belief of ahl al-Sunna wa al-Jama, that one grain of sand under the blessed horses of one of the Anbiya‘ (alayhim al-salawatu wa salam), is better than all the Awliya Allah (Azza wa Jall wa rahimuhullahi ta’la alayhim ajma’in), from every epoch put together.
Is this not kufr or is there a ta’wil for this type of understanding that is attributed to Imam Hakim al-Tirmidhi, rahimuhullahi ta’la alayh, understanding and which Imams said this?
Please give references.
Wasalam
Answer:
Alaykum Salam,
The first question is an issue for fuqaha and not for common students or teachers. If interested in the proofs of Imam al-Shafi`i (r) as listed in a Hanafi source, see Ghaznawi’s al-Ghurrat al-Munifa fi Tahqiq Ba`d Masa’il al-Imam Abi Hanifa, book of Nikah. Otherwise, you have to study Shafi`i Usul and ask a Shafi`i Faqih to understand it from the proper perspective, as Imam al-Shafi`i certainly knew better than you and me whether something goes against the Usul of the Religion.
As for the second question, the answer is no, al-Hakim al-Tirmidhi never mentioned what you mentioned what B. Radtke mentioned of what al-Dhahabi mentioned of his own understanding of what al-Hakim al-Tirmidhi said. Such questions are fudul and busying oneself outside one’s own purview which is a recipe for confusion and failure, which leads to suspecting Awliya and Imams of Fiqh of haram and kufr!
There is no power of repentence from sin and no might to remain on righteousness except with Allah Most High.
Hajj Gibril Haddad
