Ikhtisas (exclusivities of the Prophet in rulings of conduct)

Ikhtisas (exclusivity). In the lexicon it means being singled out or a person set apart from others by something; the jurists use it likewise, saying "this is among what he alone was given", or "what God singled him out with". ¹ Who grants exclusivity: either the Lawgiver, or a person by his authority or ownership. Exclusivity granted by the Lawgiver needs no conditions, since he is the author of the conditions and rulings and is to be obeyed; examples are the permission to marry more than four women, and the Ka'ba's being the direction of prayer. ¹ The object of exclusivity here may be a person, a time or a place. ¹ Whether it is lawful to study the Prophet's exclusivities. The majority allow it, and al-Nawawi preferred it, holding it recommended and even possibly obligatory; some, such as al-Juwayni, forbade it because no ready ruling depends on them. ^{1 2} Studying them adds knowledge: an ignorant person may act on an authentic exclusivity, so it must be made clear so as not to be acted on wrongly; what is useless today is rare, and the chapters of law are not free of such material for practice and for establishing a matter as it is. ² Kinds of exclusivity: (a) rulings of conduct that do not pass to his community, such as that he did not leave an inheritance; (b) otherworldly privileges, such as intercession and being first to enter paradise; (c) worldly virtues, such as being the most truthful in speech; (d) miracles, such as the splitting of the moon; (e) bodily matters, such as seeing what is behind him. This study is limited to the first kind, the rulings of conduct. ² What was singled out in rulings of conduct does not go beyond obligation, prohibition or permission. ² Obligatory exclusivities. God made obligatory for him some things recommended or permitted for his community, to exalt his station, since the reward for an obligation is greater than for a voluntary act. ² Night prayer. Scholars differ on whether it was obligatory on him, while all agree it is not obligatory on the community. Ibn Abbas held that he was singled out with its obligation; many followed him, among them al-Shafi'i in one of his views, and al-Tabari preferred it; they cite a verse in al-Isra' describing night worship as an extra for him, and the verse in al-Muzzammil (2-4) offering him the choice between half the night and more or less. ³ This is supported by the hadith of Aisha: «three are obligatory for me and a sunna for you: the witr, the siwak and the night prayer», which Ibn Hajar judged very weak. ³ Mujahid held that night prayer was voluntary for him; God said «an extra for you» because his past and future sins were forgiven, so all his acts beyond the prescribed prayers are extra; many followed him, including al-Shafi'i in his later view, who held that the obligation of night prayer was abrogated for him as for others, citing the hadith of the five prayers. ³ Witr. The jurists differ over whether witr was obligatory for him, though all agree it is not obligatory for the community. The Shafi'is hold it was obligatory on him; al-Halimi, al-Izz ibn Abd al-Salam, al-Ghazali and the Malikis hold that the obligation applied only at home, not on travel, citing the report of Ibn Umar that he prayed witr on his mount. ⁴ Duha prayer. The jurists differ on whether it was obligatory for him. The Shafi'is and some Malikis hold it was obligatory on him, its least being two rak'as, citing the hadith «three are obligatory for me» (which is weak); the majority hold it was not, citing «I was commanded the witr and the sacrifice, but I was not compelled». ^{4 5} Dawn sunna. The Hanbalis and some early scholars state it was obligatory on him, citing the hadith of Ibn Abbas that «three were written on me». ⁵ Siwak (tooth-stick). The majority hold that the siwak before each prayer was obligatory on him, citing the report of Abdullah ibn Hanzala that he was commanded ablution for each prayer, and when this was hard, the siwak for each prayer. ⁵ Sacrifice. It was obligatory for him and not for his community, on the same hadith of Ibn Abbas. ⁵ Consultation. The jurists differ on whether it was obligatory for him, though all agree it is recommended for others. Some hold it obligatory, citing the verse in Al Imran (159) on consultation; others say it was not obligatory, and read the command as recommendation or guidance. They also differ on what he consulted about, agreeing that he did not consult where revelation had come: one group says worldly matters such as war and the tactics of the enemy; another adds religious matters too, as a way of showing the reasons for rulings and the way of reasoning. ⁵ Facing an enemy more than double in number. He was obliged to stand firm against an enemy however large, because God protected him, citing the verse in al-Ma'ida (67) that God protects him from men. ^{5 6} Changing the wrong. This was obligatory on him and not lifted by fear as it is for his community; nor is it lifted if denouncing the act would encourage the wrongdoer, so he is not excused. Where denouncing wrong is a collective duty for the community, it is a personal duty on him. ⁶ Paying the debt of a Muslim who died insolvent. The scholars differ on whether it was obligatory on him or voluntary, and on whether payment came from the public treasury or from his own property; if from his own, it is a special privilege, but if from the treasury, it is shared by the rulers of the Muslims. The basis is the report of Abu Hurayra (may God be pleased with him) about funeral prayer for the one in debt. ⁶ His choice of wives and keeping whoever chose him. His wives asked him for more spending, which distressed him, and God ordered him to offer them the choice, citing the verses in al-Ahzab (28-29); they all chose him except one who chose her people; he was then commanded to keep whoever chose him, by the verse in al-Ahzab (52), as a reward to them for preferring the Prophet. ^{6 7} Forbidden exclusivities. God forbade him some things he allowed his community, as a removal from petty matters and an exaltation of his rank, since the reward for leaving the forbidden is greater than for leaving the disliked. ⁷ Charity. All agree that he may take nothing from people's charity, obligatory or voluntary, to preserve his high office, since it signals the humiliation of the taker and the honour of the giver; God gave him the spoil instead. The hadith of Muslim says alms are the filth of people and are not lawful to Muhammad or to his family; their prohibition to the family of the house is on account of their kinship to him. ⁷ Gift to gain more. He was forbidden to give to receive more, citing the verse in al-Muddaththir (6), since he was commanded the noblest manners; this is reported from Ibn Abbas and followed by Ata, Mujahid, al-Nakha'i and Qatada. ⁷ Foods with a bad smell such as garlic and onion. The Malikis hold it was forbidden to him, citing the hadith of the dish of greens that he refused, saying «eat, for I speak with one you do not speak with». The Shafi'is hold it was not forbidden but disliked, because of the descent of revelation, and cite the hadith of Abu Ayyub who returned a dish with onions and leeks, asking whether it was forbidden; he said no, but he disliked it. ^{7 8} Poetry. Forbidden to him by agreement; but al-Bayhaqi distinguished rajaz from other metres, since rajaz is not poetry, and cited the rajaz he recited while digging the trench. ⁸ Removing his armour once he had put it on for battle. He was forbidden to take it off until he met the enemy, citing the hadith that it is not fitting for a prophet who has taken up armour and called men to go out to the enemy to turn back until he fights; the prophets share this privilege. ⁸ The glance of the eyes: signalling by a gesture that shows the opposite of what is in the heart. This was forbidden to him except for a prohibited act; the basis is the purity of the prophetic station, as in the report of Sa'd ibn Abi Waqqas that on the day of conquest he granted safety to all but four, including Abdullah ibn Abi Sarh, who hid with Uthman, and who was accepted into allegiance only after three refusals. ⁸ Marrying a non-Muslim woman of the book. Forbidden to him, on the report «I asked my Lord not to marry me except to one who is with me in paradise»; and because he was too noble to place his seed in an unbeliever's womb, and an unbeliever dislikes his company. ⁸ Marrying a slave woman, even a Muslim one, was forbidden to him, since her marriage is allowed only for fear of sin, from which he was protected, or for want of the free woman's dower, while he is rich enough to marry without dower; and because it leads to the enslavement of children, which the station of prophethood is above. ⁸ Marrying a woman who was obliged to emigrate and did not, citing the verse in al-Ahzab (50) and the hadith of Umm Hani; Abu Yusuf held that the verse does not imply that those who did not emigrate were forbidden to him, since singling out a thing by mention does not exclude what is not mentioned. ⁹ Keeping a wife he disliked. He was forbidden to keep a woman who hated him, though this is not forbidden to the community, to protect the prophetic station; the report of the daughter of al-Jawn is cited: when she said «I seek refuge in God from you», he said «you have sought refuge in a great One; go to your family». ⁹ Permitted exclusivities. These include praying after 'Asr: those who disliked it for the community held that it was permitted to him, citing the report of Aisha that he prayed after 'Asr and forbade it to others. ⁹ Further permitted exclusivities. Praying over an absent dead person: those who forbid it to the community, as the Hanafis do, say it was permitted to the Prophet alone by a matter God singled him out with. ¹⁰ Continuous fasting (wisal): the majority hold that continuous fasting without eating was permitted to him alone, citing the report in the two Sahihs that he forbade it, and when told he himself fasted continuously, he said: «I am not like you; I am fed and watered». ¹⁰ Fighting in the sanctuary: the jurists agree that he alone among the community was permitted to fight in Mecca, citing the agreed hadith: «God made Mecca sacred and people did not»; his permission was for an hour of the day, and whoever seeks a concession from fighting in it on the ground of the Prophet's fighting should say that God permitted His messenger and did not permit you. ^{10 11} Entering Mecca without ihram: those who hold that no accountable person may enter Mecca without ihram say that his entry on the day of the conquest without ihram was specific to him. ¹¹ Judging by his own knowledge: those who forbid a judge to judge by his own knowledge treat the Prophet's judgement on the knowledge of Hind bint Utba, and his saying to her «take from his property what suffices you», as among his specific privileges. ¹¹ Judging in his own favour: he was singled out as allowed to judge in his own case, since the prohibition for the community is for suspicion, and suspicion is surely absent from him; so too judging while angry. ¹¹ Accepting gifts: among his specific privileges, gifts were lawful to him, unlike other rulers and officials, who may not accept gifts from their subjects. ¹¹ Spoils and the fay: he was permitted a fifth of the fifth of the spoil even if he was not present at the battle, on the verse in al-Anfal (41); and he was permitted the safi, what he chose from the spoil before division, such as a sword or a coat of mail; among these was Safiyya, mother of the believers, whom he took for himself. ¹¹ Marriage: he alone among the community was permitted to marry more than four women, to marry without a dower, and to marry a woman without her guardian's permission. Some hold he was permitted not to divide among his wives, although he was keen to divide, even on journeys, when he drew lots among them; in his last illness he asked to be nursed in the house of Aisha. ¹¹ Exclusive honours. Some matters were specific to him for greater honour: ¹¹ (a) Singling out whom he wills with whatever ruling he wills, since he is a lawgiver who does not speak from desire: he made the testimony of Khuzayma equal to that of two men; he allowed Abu Burda and Uqba ibn Amir a young goat for sacrifice; he married a man to a woman for a surah of the Qur'an; he married Umm Sulaym to Abu Talha on his conversion. ¹¹ (b) The Prophet is closer to the believers than themselves, a privilege granted to him alone among the community, on the verse in al-Ahzab (6); many rulings follow: love of him above self, wealth and children; ransoming him with self, wealth and children; obeying him even against one's desire. ¹¹ (c) Combining the Prophet's name and his kunya for a child: al-Shafi'i, one of two views of Ahmad, Tawus and Ibn Sirin hold that taking his kunya was not lawful in his lifetime, whether or not the name was Muhammad, on the report of Jabir that the Ansar were angry when a man named his son Muhammad, and he said: «name yourselves by my name, but do not take my kunya, for I am Abu al-Qasim, and I divide among you». ¹² Others, including one view of Ahmad, hold that combining the name and the kunya is not lawful, on the report of Abu Dawud: «whoever names himself by my name must not take my kunya, and whoever takes my kunya must not take my name». Some held the prohibition was of unlawfulness, others of dislike. ¹² The Hanafis hold the combination was forbidden, then the prohibition was abrogated and it became lawful, on the report of Aisha about the woman who named her son Muhammad and gave him the kunya Abu al-Qasim; the Prophet said: «What made lawful my name and forbade my kunya, or what forbade my kunya and made lawful my name?»; so the Companions saw no harm in naming their children Muhammad and calling them Abu al-Qasim. ¹² The Malikis and Shafi'is hold the prohibition was specific to his lifetime; after his death, both the name and the kunya are lawful; the cause of the prohibition confirms this: the Jews used to call him by his kunya, «O Abu al-Qasim», and when he turned they said they had not meant him, to show offence; that cause ended with his death. Ali's report that he asked the Prophet about naming a child after him and calling him by his kunya after his death, and the Prophet said yes, supports this. ¹² Advancing before him and raising the voice in his presence: he alone was singled out in that it is not permitted to anticipate him with a suggestion, since he is guided by revelation, and raising the voice in his presence until the speaker's voice rises over his is forbidden, on the verses of al-Hujurat (1-2). ¹³ Killing whoever reviles him: among his specific privileges, whoever reviles or slanders him is to be killed. ¹³ Answering his call: when he calls anyone, that person must answer even in prayer; if he answers during prayer, his prayer is not spoiled, on the hadith of Abu Sa'id ibn al-Mu'alla, whom the Prophet called while he was praying and who did not answer until he finished; the Prophet asked «what prevented you from answering me?», and he said he was praying; he reminded him of the verse in al-Anfal (24) on answering God and His messenger. ¹³ Attributing his daughters' sons to him: his grandsons are reckoned his descendants in matters such as equality in marriage, on his saying of his son: «this son of mine is a master», and on the hadith in the lesser specifics: «God made my offspring from the loins of Ali»; Ibn al-Jawzi said this is not sound. ¹³ No inheritance: he alone was singled out that he leaves no inheritance: «we prophets do not inherit; what we leave is alms». What he left is spent on his household, and any surplus is alms: «what I leave after the maintenance of my wives and the wages of my workers is alms». Other prophets share this privilege. ¹⁴ His wives as mothers of the believers: his wives may not marry after him, and their persons may not be seen by those who are not mahram; they must stay in their houses and go out only from necessity after his death; see the entry on the mothers of the believers. ¹⁴ Exclusivity of times: certain times have rulings not shared by others. ¹⁴ a. The Night of Power: it is recommended to seek it and to revive its night, as in the entries on the Night of Power and the night prayer. ¹⁴ b. Ramadan: its fast was made obligatory on the verse in al-Baqara (185); its night prayer, the taraweeh, is a sunna, on the hadith that whoever stands in Ramadan in faith and seeking reward will have his past sins forgiven. ¹⁴ c. The two festivals: their two nights are recommended for revival, on the hadith that whoever stands the two nights of the festival seeking reward will not have his heart die on the day hearts die; their days alone have the festival prayer, the prohibition of fasting, and takbir at dawn. ¹⁵ d. The days of tashriq: takbir after the obligatory prayers, the permission to slaughter the sacrifice, and the prohibition of fasting. ¹⁵ e. Friday: a special obligatory prayer that stands in place of noon prayer is set on it, the Friday prayer; bathing is a sunna, supplication is recommended, on the hadith that there is an hour in it in which a Muslim who prays and asks God for anything is given it; singling it out for fasting or night prayer is disliked. ¹⁵ f. The ninth of Dhu al-Hijja: the day of Arafat is when pilgrims must stand at Arafat, and fasting it is disliked for the pilgrim. ¹⁵ g. The middle of Sha'ban and its night: the night is recommended for prayer according to the majority, on the hadith of its excellence and God's descent in it to the lowest heaven. ¹⁵ h. The first night of Rajab: some Hanafis and Hanbalis recommend its revival, as it is among the nights in which prayer is not refused. ¹⁵ i. Ashura and Tasu'a: fasting them is recommended, on the hadith of Ibn Abbas that the Prophet fasted Ashura and ordered it, and when told it is a day the Jews and Christians honour, he said «if the coming year comes, I shall fast the ninth», but he died before it. ^{15 16} j. The day of doubt (the thirtieth of Sha'ban when the new moon is hidden): fasting it is forbidden, on the hadith of Ammar: «whoever fasts this day has disobeyed Abu al-Qasim». ¹⁶ k. The white days: fasting them is recommended, the thirteenth, fourteenth and fifteenth, on the hadith of Abd al-Malik ibn Mulhan from his father. ¹⁶ l. The first ten days of Dhu al-Hijja: fasting and night prayer in them are recommended, on the hadith of al-Tirmidhi: «no days are more beloved to God for worship than these ten», with the prohibition of fasting on the feast day kept. ¹⁶ m. Muharram: its fasting is recommended, on the hadith that the best fast after Ramadan is God's month of Muharram. ¹⁶ n. Sha'ban: fasting in it is recommended, on the hadith of Aisha that he did not complete a month's fast except Ramadan and fasted more in Sha'ban than in any other month; its end is disliked for fasting, on his saying: «let none of you precede Ramadan by a day or two of fasting, unless he has a custom of fasting». ¹⁶ s. The time of the Friday prayer: trade is forbidden during it, on the verse in al-Jumu'a (9). ¹⁶ t. Other times: sunrise, zenith, sunset, after the dawn prayer and after the 'Asr prayer are times in which prayer is forbidden, with the jurists differing on whether it is valid but disliked or invalid in the first three, and not in the rest. ¹⁷ Exclusivity of places. a. The Ka'ba: its revival by hajj and umra is obligatory, as in the entry on reviving the Sacred House; for some Shafi'is the greeting of the Ka'ba is circling, while the Hanafis and Hanbalis say circling is the greeting of the Sacred Mosque; a follower near it may go before the imam if he is not beside him; prayer inside it is disputed: Ibn Jarir al-Tabari forbade it; Ahmad forbade the obligatory but allowed the voluntary; Malik forbade obligatory and sunna prayers and allowed voluntary; the Hanafis and Shafi'is allowed both. ¹⁷ Facing it is obligatory in prayer by agreement; facing it or turning one's back while relieving oneself is disliked, and forbidden by the Shafi'is, on the hadith: «when you come to the privy, do not face the qibla or turn your back to it; turn east or west». ¹⁷ b. The sanctuary of Mecca: unbelievers may not enter it according to the majority, on the verse in al-Tawba (28) that the idolaters are unclean and must not approach the Sacred Mosque. ¹⁷ The sanctuary of Mecca (continued). Unbelievers may not be let into it after their year, on the verse in al-Tawba (28); Umar expelled them from it. The Hanafis allow them to enter without residing, as in the Hijaz. ¹⁸ Second, the jurists differ over entering it without ihram, a matter treated under the entry on ihram. ¹⁸ Third, prayer in it is worth a hundred thousand prayers in reward, though not in the discharge of obligations, on the hadith: «a prayer in this mosque of mine is better than a thousand prayers elsewhere, except the Sacred Mosque»; the sanctuary of Mecca shares the multiplication of reward with its mosque. ¹⁸ Fourth, prayer in it at the times when prayer is disliked is not disliked, on the hadith of Jubayr ibn Mut'im: «Sons of Abd Manaf, do not prevent anyone who circles this House and prays at any hour of night or day». ¹⁸ Fifth, hunting in it is forbidden, and whoever hunts there owes the penalty, treated under the entry on ihram. ¹⁸ Sixth, fighting in it, shedding blood and carrying arms are forbidden; likewise the hudud punishments are not carried out for offences committed outside the sanctuary according to the Hanafis and Hanbalis, unlike the Malikis and Shafi'is, who allow them in it altogether; for offences committed inside it, the hudud are carried out by agreement, on the hadith «God made Mecca sacred and people did not; it is not lawful for anyone who believes in God and the last day to shed blood in it» and his saying «it is not lawful for any of you to carry arms in Mecca». ¹⁸ Seventh, the blood-money for killing in it is increased: Umar judged for one killed in the sanctuary the blood-money and a third of it; some hold it is not increased. ¹⁸ Eighth, cutting its trees is forbidden by agreement, on the hadith: «nor may a tree in it be cut». ^{18 19} Ninth, the lost property of the sanctuary: the Hanafis, Malikis, Hanbalis and one view of al-Shafi'i hold it is like lost property elsewhere; Ahmad's apparent view and another view of al-Shafi'i hold whoever picks up lost property there must announce it forever until its owner comes, on the hadith: «it is not picked up except by one who announces it». ¹⁹ Tenth, the offering may only be slaughtered there, and none of its soil may be taken out. ¹⁹ c. The mosque of Mecca: it shares what the sanctuary shares and adds: first, that it may be visited, and travel made to it, on the hadith: «journeys are made only to three mosques: the Sacred Mosque, the mosque of the Messenger and the Farthest Mosque»; second, the follower may go before the imam in it, as was said of the Ka'ba. ¹⁹ Some places are singled out for acts of hajj that are obligatory or recommended, such as Arafat, Mina, Muzdalifa and the fixed places of entering ihram, treated under the entries on hajj and ihram. ¹⁹ d. Medina the Radiant: first, Medina is a sanctuary between 'Ayr and Thawr, whose game may not be hunted and whose trees may not be cut, as the Shafi'is, Malikis and Hanbalis hold, citing the hadith: «Abraham made Mecca sacred and prayed for it, and I made Medina sacred as Abraham made Mecca sacred». ^{19 20} The Hanafis, Sufyan al-Thawri and Ibn al-Mubarak disagree: they say Medina has no sanctuary, and the Prophet meant only to preserve its beauty, on the hadith: «do not demolish the fortresses, for they are the adornment of Medina». ¹⁹ Second, a dhimmi may be prevented from settling in it but not from entering it. ²⁰ Third, Malik gave precedence to what the jurists of Medina agreed upon in his time over a single report. ²⁰ Fourth, living in Medina is more loved than living elsewhere, even Mecca, since it is the place of the Muslims' emigration, on the hadith that Yemen, then Syria and Iraq will be conquered, and people will go with their families, and «Medina is better for them, if they only knew». ²⁰ Fifth, it is recommended for the believer to settle in it so that he may die there; Umar used to pray: «O God, grant me martyrdom in Your way, and make my death in the city of Your messenger», on the hadith: «whoever can die in Medina, let him die there, for I will intercede for whoever dies there». ²⁰ The mosque of the Prophet: prayer in it is better than a thousand prayers elsewhere except the Sacred Mosque, on the agreed hadith; travel to it is lawful, on the hadith that journeys are made only to three mosques, one of them the mosque of the Prophet. ²⁰ The mosque of Quba: whoever comes to it and prays there earns the reward of an umra, on the report of Sahl ibn Hunayf (may God be pleased with him) in al-Nasa'i: «whoever goes out until he comes to this mosque and prays in it, it is for him as an umra»; hence coming to it and praying in it is recommended. ^{20 21} The farther mosque (al-Aqsa): travel to it is lawful; the jurists differ over whether facing Jerusalem while relieving oneself is disliked, some disliking it because it was once the direction of prayer and others allowing it; the jurists treat this among the manners of cleansing in the chapter on purity. ²¹ The water of Zamzam: among waters it alone has special manners for drinking, and it may not be used in demeaning places such as removing real filth, on disputed views treated under the entry on wells. ²¹ Exclusivity by authority or ownership: the one who grants exclusivity is either the Lawgiver, treated earlier, or a person by ownership or authority. ²¹ Conditions for the person granting: capable of disposal; holding authority, general (like a ruler or judge) or special (like a father); or holding property, since the owner may give his property to whom he wills under its conditions. ²¹ Exclusivity by one who holds authority must serve the interest of the one under his care, since authority is a trust: «it is a trust, and on the Day of Resurrection it is shame and regret, except for whoever takes it with its right and fulfils what is upon him». Ibn Taymiyya held that the guardian of an orphan and the administrator of an endowment must act for what is best. ²¹ Among this is a judge's confinement to a particular city, a quarter of it, a particular school, or a type of case such as marriage, the hudud or injustices; the jurists treat this in the book of judgement and in works on government. ²² The interest must be observed in assigning posts or granting wealth, as in the hima (land reserved for the camels of alms or the horses of holy war), the grant of land for reviving it, the grant of public amenities such as roads and market seats, and the lifting or lowering of tithes on necessities to bring more of them to the markets of Muslims: Umar took half a tithe on the wheat and oil of the Nabataeans to increase what came to Medina. ²² Exclusivity by an owner: if the owner singles out part of his property for a certain disposition, it must cause no harm or corruption; so he is forbidden to bequeath more than a third, for harm to heirs, and forbidden to give some of his children a gift without a lawful cause, for the resentment it breeds. ²²