The punishment is different because it could mean one action (jar al ezar) shows more khuyala and conceit (like the roman empires at that time) than the other action (alisbal) which shows a less degree of conceit and khuyala to people. And we all know the story where muslims saw 3umar bin al khattab with 2 "ezar" after distributing the "ghana'em" so they were angry claiming that he did not distribute the "ghana'em" evenly. And then 3abdallah ibin 3umar - radeya allahu 3anhuma - told the poeple that he gave his share of ghana'em "ezar" to his father because he knows he is too tall to fit in one ezar. Furthermore, there are many similar situations where it shows it's very plausible to believe that "ali-isbal" at that time meant conceit and squandering and is usually done be rich people.
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Friday, September 29, 2006
Assalam 3alikum guys.
This email mainly concerns men (more than women) But in the same time it might be interesting for them to know about this.
During the last 4 years(and it turned out throught many years), one of the issues that kept popping up in discussions between guys, in mosques, in jordan and USA, and throught the net in many sites, is the issue of "al-isbal" (the state when your pants is longer than your ankles or "al ka3bayn" (the 2 bones on left and right of your foot).
This subject has been center of attention for many newly guided muslims and many du3a and many shyookh and a'emmet al masajed.
Some might think this is a minor issue why he is talking about this issue. Well after seeing the impact of this topic on many muslims I thought i might shed some light on this uncovering the other side of the story.
The issue revolves around the hadith in saheeh bukhari for prophet muhammad sallah allahu 3alihy wa alehy wa sallam:
البخاريّ: "ما أسفل من الكعبين من الإزار ففي النار".
some 3ulama say that this hadeeth is a proof to prevent any male (not females) from having his pants longer than his "ka3bayn" (ankles) regardless he did it out of conceit or just out of nothing... it's still haram in all situations except when it falls under the ka3bayn unintentionally and you raise it up. And they back up this hukum with other evidences (for more information you can read the fatwas at the bottom)
--------- the rest of the email talks about this topic, if you're not interested don't continue reading -----
I have also seen many muslims folding his pants before praying (because there's a similar hadeeth about not accepting the prayer of "almusbel") or folding his pants before going out of the house. I have also seen newly guided muslims go to tailors to have his pants cut so that it won't pass the ankles.
I have known muslims who used to judge the faith of other muslims on whether his pants are above or below his ankles. Other muslims also do not agree to go out with muslims who raised up their pants above their ankles in a distracting way. Also some muslims are facing problems with their parents because they wanted to raise their pants above their ankles but their parents do not let them do so. Others made his goal to remind people to raise up their pants above ankles.
And I also know that this hadeeth has been a problem for many muslims who do not get the reason behind this command. And they are faced with the famous reply from the shuyookh saying:
"we don't ask God why did you make salat thuhr 5 ruk3at or 3 ruk3at, we just follow. And the same thing with isbal ma doon al ka3bayn, we don't ask God why did you say so... we just follow what God and the prophet said without question".
In this email I would like to show you the fatwas for the other point of view, which correlates the prevention of "isbal" with conceit or khuyala. These fatwas concludes that if the "isbal ma doon al ka3bayn" in these days is done without conceit it's not prevented. And it's only haram when conceit and khuyala is involved in the intention.
But before giving the links for the fatwas, i want to highlight a very good point that helps us understand this issue and similar issues in asharee3a better. The part is taken from the following fatwa about "paying money for zakat al fetr".
Plz, pay good attention to the part where the muftee (dr.mustafa azzarqa) talks about the mistake people do when they involve the concept that "al 3ebadah tawqeefeyyeh" in situations that doesn't belong to this fiqh rule.
read carfully the WHOLE PARAGRAPH that starts with:
وحجتهم في ذلك أن هذا هو الذي ورد في السنة النبوية، وأن زكاة الفطر من العبادات، وأن الأصل في العبادات التوقيف وعدم التعليل،
I believe this is where people fell in trap when trying to fit the concept of al isbal under the famous reply: "we don't ask God why did you make salat thuhr 5 ruk3at or 3 ruk3at, we just follow. And the same situation exists with isbal ma doon al ka3bayn, we don't ask God why did you say so... we just follow what God and the prophet said without question".
Well, of course we follow what God and Prophet said without question, but the question is did prophet muhammad sallah allahu 3alihy wa alehy wa sallam meant us and our situations these days with our pants when he mentioned hadeeth al isbal? Does he want us to fold it, or to cut it short these days? Or did he mean the "khuyala" behind "al isbal" is the forbidden act? The following fatwas argue for the latter.
As for hadeeth of 3amr bin zurara al ansari - radeya allahu 3anhu - where the prophet asked him to raise his "ezar" even though we know this sahaby didnt do it out of conceit. This hadith can be understood the way that ibin hajr said in sharh saheeh al bukhari. In the time and place where al isbal is considered "khuyala" then it's forbidden to do so even though your intention is not "khuyala". I say this means that if a person buys a car for 10 000JDs in jordan it's not considered "khuyala" to do so. However if the same person buys the same car for the same price while you're living in a very poor place where people can't find food to eat it's forbidden to do so even though you did not mean "khuyala" because in that time and place anyone who buys a car for 10 000 JDs is considered to be "tabtheer and khuyala".
As for the hadeeth where the punishment is different :
قال رسول الله -صلى الله عليه وسلم- : ((أزرة المؤمن إلى نصف الساق ولا حرج ، أو قال : لا جناح عليه فيما بينه وبين الكعبين ، وما كان أسفل من ذلك فهو في النار ، ومن جر إزاره بطراً لم ينظر الله إليه)) . رواه مالك ، وأبو داود ، والنسائي ، وابن ماجه ، وابن حبان في صحيحه
And to be fair and comprehensive and for the picture to be completed, Here are the links for the following fatwas for the other point of view where the 3ulama say it's haram regardless your intention.
taken from (islamtoday.net)
taken from (islam-qa.com)
wa sallah allahu 3ala muhammad wa 3ala alehy wa sahbehy ajma3een.
muneeb,
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