Barbarians At the Gates - By Manuel Valenzuela

Into the Valley of Catastrophe

Crusade of Surge and Siege, Part Four - Read Part Three

Barbarians At the Gates

By Manuel Valenzuela

27/02/08 "ICH" --- - From the very beginning, the American crusade of surge and siege – with much of it predating the invasions of Afghanistan and Iraq; think to early 20th century agreements with Saudi royalty of protection for petroleum, or the overthrow of Iran’s democratically elected nationalist leader, or CIA coups and installing of tyranny, or support for Saddam, or provocations of war, or fanning the flames of violence, or importation of billions worth of weapons – has been a catastrophe for the people of the Middle East. For years the United States has guided policy and fates in the region, with its unchallenged domination of and immoral support in the regimes of the Middle East causing a complete devolution of a dynamic, intelligent and proud amalgam of peoples, continuing a stagnation of a civilization that has given humanity so much, and which has so much yet to offer.

It has been the support of tyrants, dictators, generals, kings, princes and sheiks which has had the most profound effect in the lives of tens of millions of Arabs and Muslims, altering, perhaps indefinitely, the very foundations of a culture, and religion, that has for centuries been bombarded by the Judeo-Christian values of the western world. From Napoleon to Hitler, from the British Empire of old to the American Empire of today, from French domination of the Levant to the ceaseless criminality of Little Sparta in Palestine, the Middle East has been invaded, colonized, raped, pillaged, oppressed and exploited by western powers for decades.

It has been divided and torn apart according to the desires of colonial powers; it has been invaded countless times by Christian Crusaders seeking some combination of god and glory, power and control, hegemony and imperialism. Throughout European, and later American, interventions in the region, countless numbers of Arabs and Muslims suffered and died. It has been the west, and not the peoples of the Middle East, that have for centuries been the aggressors, the barbarians at the gates of Muslim cities, those doing the invading and occupying, those raping and pillaging, those with the messianic delusion to convert and civilize and control the Arab world.

It has been the west that thinks itself the superior race, thinking Middle Easterners inferior, sub-human heathens. It has been the west that ignores the plight of the dehumanized and the oppressed, all the while enjoying the spoils of plunder, over time becoming morbidly obese with the gluttony and greed cheap oil engenders.

The people of the Middle East were not, after all, the ones responsible for the Napoleonic Wars, nor the creators of two World Wars, nor the destroyers of entire cities, nor the barbarians giving rise to Holocausts, or thousand year old persecutions, nor the ones responsible for the death of tens of millions of human beings during the 20th century. The people of the Middle East were not planting puppet regimes throughout Europe and the Americas, nor were they wishing to convert, civilize and control the western world. They are not the ones in pursuit of imperialism and hegemony.

They were not bombing and killing and seeking vengeance outside their region until after the Second World War, after America, with help from her allies, decided the Middle East was to become part of its sphere of influence. Indeed, for centuries living in peace and respect, in the same lands, cities and neighborhoods, Arabs of Muslim, Christian and Jewish faith have long maintained a balance of tolerance between Muslim majority and Jewish, Christian minorities that has only been disrupted with the arrival, and the manipulations and gross injustice, of the western colonial powers.

For decades preferring to control the region by proxy, in a clandestine manipulation of populations and territory, the United States has become a catastrophe upon the peoples of the Middle East. Its vast assortment of puppets and castrated proctors have proceeded to decimate the lives and futures of millions, over the years maintaining a firm grip over nations through the devastation of freedoms and liberties and rights, along with the implementation of authoritarian and despotic policies. Unwavering in its support of these tyrants, America has condemned millions to the brutality of dictatorships, to the censorship by despots, to the corruption of incompetents, to the regressive policies of control, to the backwardness of monarchs.


Sponsoring Tyranny


Possessing the largest, most plentiful and best developed oil fields known to man, one would be inclined to believe the Middle East a bastion of equality and justice, with standards of living equal to or surpassing those of the industrialized world. We would expect a thriving democracy pregnant with the freedoms and liberties inherent in wealthy nations. We would also expect, as we do with rich European and American nations, that the countries of the Middle East would possess a high degree of education among its population, allowing for rule of law and foundations of secularism to prevail. We would expect a thriving middle class, with employment at levels supportive of such dynamics. We would expect peace and balance.

Instead, in the land of black gold there exists not a shred of democracy, nor an ounce of freedom and liberties, nor an appearance by redistribution of oil wealth. In the lands where humankind first developed civilization, Machiavellian authoritarians rule, police states flourish, and backwardness prevails. Here, where a few elite are reaping the bountiful rewards of having oil below their feet, or having the lands deemed strategic to the Empire, accumulating millions and billions of dollars in profit, building majestic palaces and living the lives of gods, the vast majority struggle to survive and make a decent living. Here, in the land of kingdoms and fiefdoms and gold-plated palaces, the majority of Arabs and Muslims live in indigence, finding work only as the serfs enabling their Arab lords to live in luxury. Millions manage to survive only because their masters throw a few insignificant crumbs and bones their way, a minute sum of the enormous oil and gas windfall they greedily ensnare for themselves.

While millions subsist on meager jobs, millions more struggle to find meaningful employment. Unemployment in the region is therefore high, with military-age males the hardest hit. Without employment there is no source of income to survive; there is no morale to feel proud of; there is no sign of opportunity, no sign of a future. With an education that is insignificant, for that is how kings and dictators want it, millions have no option but to become easy targets to the propaganda and the manipulations of their lords.

Indeed, in order to better control the population, education has become a tool of indoctrination, with millions of dollars invested by the elite into religious institutions that brainwash and mold vulnerable minds to the fantasy of theology and the backwardness of extremist ideology. Subsidized and sponsored by the same kings and tyrants, these schools, rather than move society forward towards progressive goals, instead succeed in devolving into backwardness and fundamentalism. Many Muslims simply have no choice but to attend these schools, for oftentimes they are the only schools around, in the process helping indigent families cope with the realities of daily life.

So long as ignorance prevails, and as long as knowledge and leanings of modernity are sequestered and mired in the inescapable grip of poverty, the Middle East’s despotic leaders will remain secure and without fear of their own people. So long as their people are not educated to the methodical condemnation of their lives by kings and despots, leaders will reign, sitting on the thrones of gold, feasting on the spoils thrown at them by the Empire. This reality the Empire tolerates and even encourages, for a controlled, undereducated and powerless people are more likely to remain compliant and passive than those who see with open eyes the pillage of their land and the injustice of their leaders.

Unfortunately, this phenomenon of fundamentalist religious indoctrination, together with lack of education and feelings of injustice, oppression and inequality lends itself to the fomentation of extremism, just as it does in any culture, especially a form of extremism which lashes out both at domestic despotism and foreign control and support of that same despotic rule. Using fundamentalist theology to manipulate desperate minds experiencing desolate, unfulfilled lives, radical men of Islamic faith reach out to the many whose lives have been castrated by leaders supported by the Empire.

Radicalism in the Middle East, born of frustration, oppression and lack of opportunity, growing due to inequality, unfairness, injustice and persecution, nurtured by a corrupted and hijacked interpretation of modern Islamic faith, and manifesting itself through violent acts of terrorism, is a symptom of the disease called market colonialism, of an imperialism that cares nothing for people living in misery and perpetual suffering, where the west props up and supports and finances its cadre of despots and tyrants in the region, with their full array of crimes against humanity being protected by the Empire itself, at the expense of the native populations, in order to control the region’s, and the world’s, most valuable resource. Turning to Islamic extremism, then, is a symptom of anger, of hopelessness, of the presence of the Empire itself.

Islamic fanaticism, like its American, and Christian counterpart, thrives on the disenfranchised, the downtrodden, the ignorant, and in those searching for meaning to lives heavy in suffering and pain. Like all forms of fanaticism, the Islamic variety grows and thrives by listening to the angry and the oppressed, providing answers and solutions that help maintain a semblance of understanding in a cruel world. It is those who have become easily manipulated and easily deceived that fanaticism aims to reach, for in these lost souls new, molded flames can be lit.

Thus, by combining the fanaticism all theologies possess with the living, walking carcasses left behind by America’s propped up tyrants and kings, gorging on the spoils of oil, too greedy to share with their people, together with American interference in the region, a grassroots resistance is birthed that finds solace and solutions in the beliefs of the past, thinking, rightly, that the devastation of their lives is a result of modernity –albeit a debased form of it – and its corruption by authoritarians sponsored by the west.

Deceived by extremism to hate all things western, because the root of their ills is indeed a product of the western world, they fail to see the reality that true fault lies not in western progressiveness, which is humanitarian, communal and universal in nature, but in the despotic character and oppressive policies of leaders that will not free their subjects to the great virtues of real democracy.

Here, America and her puppet allies in the region have made a vital and egregious error, for in inducing high levels of indigence, uneducation and dissatisfaction, in allowing despotism to rule and the voice of the people to disappear, thereby creating a Molotov cocktail of anger and resentment aimed at the Empire and Arab leaders, they have fostered instability and resistance, some in the form of anti-Americanism, some in the form of terrorism, most in the form of a society that grows more eager for change every year. Together with a perception that America has embarked on a Crusade of Surge and Siege against the Muslim world, and that her armies are engaging in mass murder and destruction of Muslim peoples, the only avenue for change is being found inside the mosques of radical ideology.


Error Personified


Instead of giving Middle East populations a larger share of the oil bonanza pie; instead of decreasing the verticality of the hierarchical pyramid, thus making society more just, fair and equal, with better standards of living, better education and more progressiveness; instead of allowing the Empire a just, balanced and reduced access and control to oil; instead of banning the pillage of revenues and resources, where capital benefits only the elite; instead of investing in enlightened education, helping to bring out of darkness millions of minds; instead of using oil revenues and investing in the wellbeing of their people; instead of halting billion dollar purchases in the west’s defense industry, amassing arms for wars that will never come, using weapons sales to funnel petro dollars back to the Empire; instead of alleviating hardship, resentment and anger; instead of sponsoring freedom and liberty and greater rights; instead of abiding by and protecting human rights; instead of encouraging an open, democratic society, the American amalgam of dictators, tyrants, kings, princes, sheiks and generals have done the complete opposite, thereby cementing in stone continued resistance, continued acts of terror, continued anti-Americanism and continued efforts to violently overthrow the region’s rulers.

In order to suppress, repress and control those elements seeking to bring down the region’s tyrannical regimes, the leaders of these states have created a ruthless police state based on oppression, fear, intimidation and paranoia. To combat the anger prevalent in the population, America’s puppets must enhance a surveillance and spying society, creating a police state that has perfected the art of despotic rule. Torture, disappearances, the evisceration of human rights, unlawful arrests, persecution and false imprisonment are but some of the weapons used by these rulers. Yet the Empire maintains firm support of these leaders, a fact not lost on the population at large.

Right to assembly, right to free speech, freedom of the press, the right of habeas corpus, the right to a fair trial, the right of due process and of protections against unreasonable search and seizure are freedoms not afforded to the peoples of the Middle East. These are freedoms and rights America does not care to ask or demand of its puppets. Free elections and the will of the people are but hollow dreams that cannot be given to the masses, for if allowed to vote, tyrants and kings and dictators and generals would be thrown out. To the Empire, democracy is only democracy when the people elect America’s chosen leaders, her new puppet upgrade. If the masses elect someone other than America’s champion, democracy becomes null and void, the will of the people become obsolete and collective punishment becomes policy, and state-sponsored terror. To the Empire, democracy is valid only when fraud or theft returns to power her most loyal and obedient proctors.

The people of the Middle East do not hate the Empire for its freedom and liberties, nor for its way of life. On the contrary, they would love the same freedoms and liberties, the same respect for human rights, and perhaps a better standard of living than they presently enjoy. They hate the Empire for its transgressions in the region, for its continued support for tyranny, for its hypocrisy in talking democracy and systemically supporting despotism, for its rape and pillage of both land and people, for its addiction to oil that has brought nothing but ruin to the people of the region, for its one-sided support for Israel and its apartheid and state-sponsored terrorism in Palestine, for its genocide and destruction of Iraq and its people, for promising Afghan reconstruction but only succeeding in furthering a decline to a failed state, for its quite obvious indifference to the misery and suffering of Arab and Muslim peoples, for its continued Crusade of Surge and Siege that only threatens to engulf the region in flames and further decimate the lives of millions.

Democracy and freedom cannot prosper in these conditions, for despotic rule and free societies are mutually exclusive. In fact, the populations of these nations have very few, if any, freedoms and rights to speak of, and millions are handcuffed to the heavy handed rules and regulations of the state, many of which resemble those of the Middle Ages. When democracy is spoken of, it represents illusions and mirages, not the will of the people, but the charades of the elite. In the Middle East, democracy is a whispered demand, yet an unfulfilled reality. It remains a dream of millions, and an enemy of the few. In the Middle East of reality, and not that of American fiction, tyranny dominates and democracy is nonexistent and all the while, American hypocrisy festers in the mind of the disillusioned.

Of course the United States is fully aware of the methods used by its tyrants to control the population, yet the support, whether diplomatic, financial and militarily, is as constant as it is unwavering. This tacit support of tyranny by the Empire, even when it speaks of bringing freedom and democracy, speaks of the high level of hypocrisy and duplicity inherent in the Empire. That American sponsored tyranny has catapulted the region into backwardness, that it has furthered the evolution of fanaticism, that it has given rise to resistance and terror, that it has made impotent the infinitesimal attempts at building democracy, and that it has created decades of suffering, poverty, oppression and lost opportunity can only be denied, as it usually is, inside the Empire itself. Inside the fires of imperialism, that is to say inside the Middle East, this truth is well known, and understood.

That human beings resent despotism and tyranny is a self-evident truth; that they build resistance and resentment to colonial machinations and imperialist assaults on their lives is earthly reality. That most human beings want simply the opportunity to pursue life, liberty and happiness without barriers or hindrances or the control of the state is an absolute manifestation of who we are. To be human – and yes, the people of the Middle East are, in fact, human – is to seek and want justice, fairness, equality and fundamental human rights. It is to fight oppression and stand for dignity and honor.

What we abhor as a species are illegal, aggressive invasions and brutal occupations of innocent states, exploitations and repression of the individual and criminality and mass murder that is allowed to transpire and go unaccountable. What the people of the Middle East want is exactly what the western world already has. What they want is freedom from imperialism, freedom from tyranny, freedom to exploit their own resources, for their own benefit, for their present and future generations. What they seek is a chance to be human at the dawn of the 21st century.

What they ask is that they be seen the same as any other person in this planet, possessing the same emotions, fears and opinions, the same behaviors and desires. What they seek is the empathy and understanding for the lives they must endure, the tyranny they must live under and the Crusade of Surge and Siege the Empire has imposed on them.

So close your eyes, contemplate reality and not spoon-fed fantasy, envision and empathize, try to understand alien pain and suffering, put yourself in the shoes of the millions being strangulated by the Empire, and prepare to enter the fires of imperialism.

Manuel Valenzuela is a social critic, commentator, Internet essayist and author of Echoes in the Wind, a novel now published by Authorhouse.com . His essays appear regularly at various alternative news websites from around the globe. Mr. Valenzuela welcomes comments and can be reached at manuel@valenzuelas.net .

Palestinians should seek reparations from Germany

by Khalid AMAYREH

February 21, 2008 In the early months of the Aqsa intifada against the Israeli occupation, an Israeli officer in the Nablus region told dozens of handcuffed and blindfolded Palestinian detainees that "we are treating you like the Nazis treated us, and maybe when you are free from our grip, you will find another people whom you will treat the same way we are treating you." These were not facetious remarks. That officer was actually displaying definitive symptoms of a chronic collective psychosis permeating through theIsraeli Jewish society. It is this collective mental sickness that make Israelis commit the most heinous crimes without feeling the slightest shred of guilt. Didn’t Dan Halutz, the former Israeli air-force commander and later chief of staff boast that he slept well at night and felt no compunctions after he ordered an F-16 fighter warplane to drop a one-ton bomb on a residential apartment building in downtown Gaza , killing sixteen sleeping people, including 11 children. In truth, there is an umbilical relationship between the holocaust and Israel’s nefarious behavior toward the Palestinians. In the final analysis, the Palestinians are the victims’ victims as the late Palestinian intellectual Edward Said put it. In fact, one would not cross into the realm of the absurd by arguing that had Jews not been victims of the holocaust, the Palestinians would most likely have not been victimized by Jews in such a diabolical manner and for that long. In a certain sense, one can say with very little exaggeration that it was Nazi Germany that created Israel. Yes, Zionism predated the holocaust; but it was the holocaust that gave Zionism the ultimate argument for Jewish statehood. Not only that, the holocaust proved to be, even today, the ultimate blocker of any meaningful objections to Israeli criminality against the peoples of the Middle East. This explains why and how Israel, which can be viewed, more or less, as an incarnation of Nazi Germany, is treated by the world community as above the laws governing the rest of the world. Moreover, Israelis continue to evoke the holocaust to justify their harsh repression of Palestinians. Even calls by Jewish settlers for "sending the Arabs to the oven" (which any visitor to Hebron can see scrawled on the walls at the Jewish settler enclave in the city) are justified by the holocaust. Every criticism of Israeli criminality and supremacy, every legitimate objection to the wanton repression meted out to the Palestinian, every criticism of the marauding settlers is always met with the holocaust mantra.! In short, every Palestinian, man, woman, and child, is made to suffer and die because of the holocaust. Today, every conscripted Israeli soldier, especially those serving in the West Bank, is made to visit the Yad va Chem holocaust museum in Jerusalem right before he or she is deployed to Palestinian population centers to repress and torment these helpless people who had nothing to do with the holocaust. And one doesn’t have to be a great psychologist to connect the dots and understand the real ghoulish implications of associating the Nazis, the tormentors of the Jews, with the Palestinian, the victims of Zionism For most Israeli soldiers, the mental message is unmistakable. The Palestinians are today’s Nazis…and by killing and brutalizing them in the harshest of manners, the Jews are only preventing the recurrence of another holocaust. Some Israelis feel that by savaging the Palestinians they are actually avenging the holocaust vicariously, which gives them immense psychological satisfaction. In their subconscious thinking, many Israeli Jews actually admire the Nazis and their brutality. This is why some of these soldiers and officers often seek to emulate Nazi brutality and project it on Palestinians, since for them might is always right. Moral blindness This brings us to post-war Germany and its moral surrender to Zionist blackmail. For nearly sixty years now, Germany has been trying to atone for the holocaust by enabling Israel to commit another holocaust against the Palestinians, never mind that it is a holocaust without gas chambers. Germany from Konrad Adnauer to Angel Merkel behaved toward Israel in a manner that callously and completely disregarded the monumental oppression meted out by Israel to the Palestinian people. Germans in general and the German political elite in particular passively watched Israel commit every conceivable crime against the helpless Palestinians, but turned their faces away for fear of displeasing their powerful former victims who came to be in control of powerful nations, such the United States. Germany was always afraid and reluctant to call the spade a spade, especially when the spade happened to be in Jewish hands, lest it be reminded of the brutal ugliness of its recent past. Germany, an economic and political giant, but obviously a moral dwarf, actually not only kept silent in the face of Israeli crimes all these years. Germany gave Israel the technical wherewithal to murder Palestinian children. Germany also gave Israel, reportedly free of charge, state-of-the art submarines capable of carrying nuclear warheads. I don’t know when Germany will wake up from its long moral slumber and deliver itself from the sinister stranglehold of Zionism. Is it not the time Germany realizes that the holocaust was diabolical in itself, , not necessarily because its victims were primarily Jewish? Would a holocaust against any other ethnic or religious group have been less diabolical? Would Germany have behaved differently had the holocaust targeted non-Jews? Are Germans absorbed so much in the holocaust because of its moral enormity or just because of the post-war Jewish power? Such questions are vital and relevant since they can eventually contribute to liberating Germans from this haunting moral dilemma whereby they are morally bound to help their former victims savage, murder and brutalize another helpless people that had nothing to do with the holocaust, a people whose sole crime is their weakness and helplessness and determination to be free. It is probably useless to appeal to the political establishment in Germany, which like its equally evil sister in the United States, is not based on morality but sheer immediate political expediency. None the less, one is encouraged by certain recent indications that Germany might finally be getting sober from decades of moral blindness and criminal indifference toward the Palestinians, its ultimate victims. According to media report, a group of German intellectuals have called on Berlin to change the holocaust-rooted blind support of Israel, arguing correctly that the creation of the Jewish state turned the Palestinians into victims of the Nazi holocaust as well. The intellectuals, who include 25 prominent figures, argued that it was the holocaust which Germany perpetrated that brought about the suffering that has persisted in the Middle East for the last six decades and has at the present become unbearable. Furthermore, these intellectuals argued that "without the holocaust of the Jews, Israel wouldn’t see itself as entitled, or forced to ride over the human rights of the Palestinians and the inhabitants of Lebanon. Of course, the language used here is extremely mild since what Israel has been doing in Palestine and Lebanon goes far beyond merely riding over Palestinian and Lebanese human rights. Israel is effectively committing genocide. For example, the dropping of 2-3 million cluster bomblets over populated areas in southern Lebanon is par excellance a genocidal act of the highest order since 2-3 cluster bomblets are sufficient to kill 2-3 million children. The same can be said about the ongoing blockade of Gaza which is killing innocent Palestinians in the hundreds. Reparations In light of the proven umbilical relationship between the holocaust and the ongoing Palestinian plight, one can say that the Palestinian people have a legitimate moral right to demand holocaust reparations from Germany. The Palestinians nearly lost everything. And every Palestinian under the sun has a story of suffering. This writer for example lost three paternal uncles to Zionist bullets on a single day. And up to this day, there has been no acknowledgment of guilt, no compensation, nothing! from Israe. I know such talk is likely to raise many eyebrows in Germany. However, if Germans have the moral courage to look deep into their souls, they undoubtedly will discover that the Palestinians are more than justified in seeking adequate and just reparations from Germany for the enormous calamities Nazi Germany had inflicted on us. Original article published on 21st February 2008 This translation may be reprinted as long as the content remains unaltered, and the source and author are cited. URL of this article on Tlaxcala: http://www.tlaxcala.es/pp.asp?reference=4680&lg=en

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Some UN Resolutions Regarding Palestine

(from http://www.allaboutpalestine.com/un_resolutions.html )


Here are some of the United Nations resolutions concerning Palestine. For the full text, dates and numbers of all UN GA/SC resolutions, please visit The question of Palestine at the United Nation.

United Nations General Assembly Resolutions

· UN Resolution 181, 29 November 1947

· UN Resolution 194, 11 December 1948

United Nations Security Council Resolutions

· UN Resolution 242, 22 November 1967

· UN Resolution 338, 22 October 1973

· UN Resolution 465,

· UN Resolution 681

· UN Resolution 181 II B

UN Resolution 181

Palestine partition plan as approved by the United Nations 128th plenary session Nov. 29, 1947

(The resolution was approved by the general assembly, 33 votes in favor, 13 votes against, with 10 abstentions. The vote was as follows: voting for approval: Australia, Belgium, Bolivia, Brazil, Byelorussian soviet socialist republic, Canada, Costa Rica, Czechoslovakia, Denmark, Dominican republic, Ecuador, France, Guatemala, Haiti, Iceland, library, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Poland, Sweden, Ukrainian soviet socialist republic, union of south Africa, union of soviet socialist republics, United States of America, Uruguay, Venezuela.

Voting against approval: Afghanistan, Cuba, Egypt, Greece, India, Iran, Iraq, Lebanon, Pakistan, Saudi Arabia, Syria, Turkey, and Yemen.

Abstaining from the vote: Argentina, Chile, china, Columbia, El Salvador, Ethiopia, Honduras, Mexico, united kingdom, Yugoslavia.

The general assembly,

Having met in special session at the request of the mandatory power to constitute and instruct a special committee to prepare for the consideration of the question of the future government of Palestine at the second regular session.

Having constituted a special committee and instructed it to investigate all questions and issues relevant to the problem of Palestine, and to prepare proposals for the solution of the problem, and Having received and examined the report of the special committee (document a/364) including a number of unanimous recommendations and a plan of partition with economic union approved by the majority of the special committee.

Considers that the present situation in Palestine is one, which is likely to impair the general welfare and friendly relations among nations.

Takes note of the declaration by the mandatory power that it plans to complete its evacuation of Palestine by 1 august 1948.

Recommends to the United Kingdom, as the mandatory power for Palestine, and to all other members of the United Nations the adaptation and implementing, with regard to the future government of Palestine, of the plan of partition with economic union set out below.

Requests that:

1) The Security Council takes the necessary measures as provided for in the plan for its implementation.

2) The Security Council consider, if circumstances during the transitional period require such consideration, whether the situation in Palestine constitutes a threat to peace. If it decides that such a threat exists, and in order to maintain the international peace and security, the security council should supplement the authorization of the general assembly by taking measures under articles 39 and 41 of the charter, to empower the united nations commission, as provided in this resolution, to exercise in Palestine the functions which are assigned to it by this resolution.

3) The Security Council determine as a threat to the peace, breach of the peace or act of aggression, in accordance with article 39 of the charter, any attempt to alter by force the settlement envisaged by this resolution.

4) The trusteeship council be informed of the responsibilities envisaged for it in this plan. Calls upon the inhabitants of Palestine to take such steps as may be necessary on their part to put this plan into effect.

Appeals to all governments and all peoples to refrain from taking any action that might hamper or delay the carrying out of these recommendations,

And, Authorizes the secretary general to reimburse travel and subsistence appropriate in the circumstances, and to provide the commission with the necessary staff to assist in carrying out the functions assigned to the commission by the general assembly.

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UN Resolution 181(II) B

The general assembly,

Authorizes the secretary general to draw from the working capital fund a sum not to exceed $2,000,000 for the purposes set forth in the last paragraph of the resolution on the future government of Palestine.

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UN Resolution 194

1) In view of its association with three world religions, the Jerusalem area, including the present municipality of Jerusalem plus the surrounding villages and towns, the most eastern of which shall be Abu Dis. the most southern, Bethlehem, the most western, Ein Karim (including also the built-up area of Motsa). and the most northern Shu'fat, should be accorded special and separate treatment from the rest of Palestine and should be placed under effective United Nations control .

2) The refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practical date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.

3) Resolution instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation, and to maintain close relations with the Director of the United Nations Relief for Palestine Refugees and, through him, with the appropriate organs and agencies of the United Nations.

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UN Resolution 242

Sponsored by the United Kingdom and France, the resolution is deliberately ambiguous. It has been accepted by Egypt, Jordan, Lebanon and Israel. It has also been accepted by the PLO.

The Security Council,

Expressing its continuing concern with the grave situation in the Middle East.

Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security.

Emphasizing further that all member states in their acceptance of the Charter of the United Nations have undertaken a commitment to act in accordance with Article 2 of the Charter

A) Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

1) Withdrawal of Israeli armed forces from territories of recent conflict.

2) Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every state in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.

B) Affirms further the necessity for:

1) Guaranteeing freedom of navigation through international waterways in the area.

2) Achieving a just settlement of the refugee problem.

3) Guaranteeing the territorial inviolability and political independence of every state in the area through measures including the establishment of demilitarized zones.

3) Requests the Secretary General to designate a special representative to proceed to the Middle East to establish and maintain contacts within the state concerned in order to promote agreement and assist efforts to achieve a peaceful and accepted settlement in accordance with the provisions and principles in this resolution.'

(N.B. The official French text refers to withdrawal des territories.)

Accepted by the PLO

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UN Resolution 338

The Security Council,

1) Calls upon all parties to the present fighting to cease all fighting and to terminate all military activity Immediately, no later than 12 hours after the movement of the adoption of this decision, in the positions they now occupy.

2) Calls upon the parties concerned to start Immediately after the cease fire the implementation of Security Council resolution 242 (1967) in all of its parts.

3) Decides that, immediately and concurrently with the cease fire, negotiations shall start between the parties concerned to establish a just and a durable peace in the Middle East.

The resolution was sponsored by the USA and the former USSR jointly, and adopted unanimously by most UN members. China abstained, accepted by the PLO.

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UN Resolution 465

1) Affirming once more that the fourth Geneva convention relative to the protection of civilian persons in time of war of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem.

2) .Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure of status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of setting parts of its population and new Immigrants in those territories constitute a flagrant violation of the fourth Geneva convention relative to the protection of civilian persons in time of war and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

3) Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.

4) .Calls upon all states not to provide Israel with any assistance to be used specifically in connection with settlements in the Occupied Territories.

5) Requests the commission to continue to examine the situation relating to the settlements in the Arab territories occupied since 1967, including Jerusalem, to investigate the reported serious depletion of natural resources, particularly the water resources, with a view to ensuring the protection of those important natural resources of the territories under occupation, and keep under close scrutiny the implementation of the present resolution.

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UN Resolution 681

The Security Council,

1) Expresses its grave concern over the rejection by Israel of Security Council resolutions 672 and 673.

2) Deplores the decision of the government of Israel to resume deportations of Palestinian civilians in the occupied territories.

3) Urges the government of Israel to accept de jure applicability of the Fourth Geneva Convention of 1949, to all the territories occupied by Israel since 1967, and to abide scrupulously by the provisions of the said convention.

4) Calls on the high contracting parties to the Geneva Convention to ensure respect by Israel for its obligations under the convention.

5) Requests the Secretary General, in co-operation with the International Committee of the Red Cross to develop further the idea from his report of convening a meeting of the high contracting parties, to discuss possible measures that might be taken by them under the convention.

6) Requests the Secretary General to monitor and observe the situation regarding Palestinian civilians under Israeli occupation, making new efforts in this regard on an urgent basis, and to utilize and designate or draw upon the United Nations and other personnel and resources present there in the area and elsewhere to accomplish this task, and to keep the Security Council regularly informed.

7) Requests further the Secretary General to submit a first progress report to the Security Council by the first week of March, 1991, and every four months thereafter.'

President's statement:

The members of the Security Council reaffirm their determination to support an active negotiating process in which all relevant parties would participate leading to a comprehensive, just and lasting peace to the Arab-Israeli conflict. In this context they agree that an international conference should facilitate efforts to achieve a negotiated settlement.

However, the members of the council are of the view that there is not unanimity as to when would be the appropriate time for such a conference.

In the view of the members of the council, the Arab- Israeli conflict is important and unique and must be addressed independently on its own merits.

TOP

Source: The Palestine permanent observer mission to The United Nations.

For a complete list of resolutions made by the United Nations security Council, and the General assembly since the beginning of the Israeli occupation of Palestine, please got to The question of Palestine section of the UN web site, or just click here.

Why Do Muslims Follow Madhhabs?

from http://shadhilitariqa.com/

The work of the mujtahid Imams of Sacred Law, those who deduce shari‘a rulings from Qur’an and hadith, has been the object of my research for some years now, during which I have sometimes heard the question: “Who needs the Imams of Sacred Law when we have the Qur’an and hadith? Why can’t we take our Islam from the word of Allah and His Messenger (Allah bless him and give him peace), which are divinely protected from error, instead of taking it from the madhhabs or “schools of jurisprudence” of the mujtahid Imams such as Abu Hanifa, Malik, Shafi‘i, and Ahmad, which are not?”

It cannot be hidden from any of you how urgent this issue is, or that many of the disagreements we see and hear in our mosques these days are due to lack of knowledge of fiqh or “Islamic jurisprudence” and its relation to Islam as a whole. Now, perhaps more than ever before, it is time for us to get back to basics and ask ourselves how we understand and carry out the commands of Allah.

My talk tonight will first discuss the knowledge of Islam that all of us possess, and then show where fiqh enters into it. We will look at the qualifications mentioned in the Qur’an and sunna for those who do fiqh, the mujtahid scholars. We will focus first on the extent of the mujtahid scholar’s knowledge—how many hadiths he has to know, and so on—and then we will look at the depth of his knowledge, through actual examples of dalils or “legal proofs” that demonstrate how scholars join between different and even contradictory hadiths to produce a unified and consistent legal ruling.

We will close by discussing the mujtahid’s relation to the science of hadith authentication, and the conditions by which a scholar knows that a given hadith is sahih or “rigorously authenticated,” so that he can accept and follow it.

Knowledge of Qur’an and Hadith. The knowledge that you and I take from the Qur’an and the hadith is of several types: the first and most important concerns our faith, and is the knowledge of Allah and His attributes, and the other basic tenets of Islamic belief such as the messengerhood of the Prophet (Allah bless him and give him peace), the Last Day, and so on. Every Muslim can and must acquire this knowledge from the Book of Allah and the sunna.

This is also the case with a second type of general knowledge, which does not concern faith, however, but rather works: the general laws of Islam to do good, to avoid evil, to perform the prayer, pay zakat, fast Ramadan, to cooperate with others in good works, and so forth. Anyone can learn and understand these general rules, which summarize the Sirat al-Mustaqim or “Straight Path” of our religion.

Fiqh. A third type of knowledge is of the specific details of Islamic practice. Whereas anyone can understand the first two types of knowledge from the Qur’an and hadith, the understanding of this third type has a special name, fiqh, meaning literally “understanding.” And people differ in their capacity to do it.

I had a visitor one day in Jordan, for example, who, when we talked about why he hadn’t yet gone on hajj, mentioned the hadith of Anas ibn Malik that

the Messenger of Allah (Allah bless him and give him peace) said, “Whoever prays salat al-Fajr in a group and then sits and does dhikr until the sun rises, then prays two rak‘as, shall have the like of the reward of a hajj and an ‘umra.” Anas said, “The Prophet (Allah bless him and give him peace) said: ‘Completely, completely, completely’” (Tirmidhi (b00), 2.481: 586 (a1)).

My visitor had done just that this very morning, and he now believed that he had fulfilled his obligation to perform the hajj, and had no need to go to Mecca. The hadith was well authenticated (hasan). I distinguished for my visitor between having the reward of something, and lifting the obligation of Islam by actually doing it, and he saw my point.

But there is a larger lesson here, that while the Qur’an and the sunna are ma‘sum or “divinely protected from error,” the understanding of them is not. And someone who derives rulings from the Qur’an and hadith without training in ijtihad or “deduction from primary texts” as my visitor did, will be responsible for it on the Day of Judgment, just as an amateur doctor who had never been to medical school would be responsible if he performed an operation and somebody died under his knife.

Why? Because Allah has explained in the Qur’an that fiqh, the detailed understanding of the divine command, requires specially trained members of the Muslim community to learn and teach it. Allah says in Sura al-Tawba:

“Not all of the believers should go to fight. Of every section of them, why does not one part alone go forth, that the rest may gain understanding of the religion, and to admonish their people when they return, that perhaps they may take warning” (Qur’an 9:122)

—where the expression li yatafaqqahu fi al-din, “to gain understanding of the religion,” is derived from precisely the same root (f-q-h) as the word fiqh or “jurisprudence,” and is what Western students of Arabic would call a “fifth-form verb” (tafa‘‘ala), which indicates that the meaning contained in the root, understanding, is accomplished through careful, sustained effort.

This Qur’anic verse establishes that there should be a category of people who have learned the religion so as to be qualified in turn to teach it. And Allah has commanded those who do not know a ruling in Sacred Law to ask those who do, by saying in Sura al-Nahl,

“Ask those who recall if you know not” (Qur’an 16:43),

in which the words “those who recall,” ahl al-dhikri, indicate those with knowledge of the Qur’an and sunna, at their forefront the mujtahid Imams of this Umma. Why? Because, first of all, the Qur’an and hadith are in Arabic, and as a translator, I can assure you that it is not just any Arabic.

To understand the Qur’an and sunna, the mujtahid must have complete knowledge of the Arabic language in the same capacity as the early Arabs themselves had before the language came to be used by non-native speakers. This qualification, which almost no one in our time has, is not the main subject of my talk tonight, but even if we did have it, what if you or I, though not trained specialists, wanted to deduce details of Islamic practice directly from the sources? After all, the Prophet (Allah bless him and give him peace) has said, in the hadith of Bukhari and Muslim: “When a judge gives judgement and strives to know a ruling (ijtahada) and is correct, he has two rewards. If he gives judgement and strives to know a ruling, but is wrong, he has one reward” (Bukhari (b00), 9.133: 7352 (a2)).

The answer is that the term ijtihad or “striving to know a ruling” in this hadith does not mean just any person’s efforts to understand and operationalize an Islamic ruling, but rather the person with sound knowledge of everything the Prophet (Allah bless him and give him peace) taught that relates to the question. Whoever makes ijtihad without this qualification is a criminal. The proof of this is the hadith that the Companion Jabir ibn ‘Abdullah said:

We went on a journey, and a stone struck one of us and opened a gash in his head. When he later had a wet-dream in his sleep, he then asked his companions, “Do you find any dispensation for me to perform dry ablution (tayammum)?” [Meaning instead of a full purificatory bath (ghusl).] They told him, “We don’t find any dispensation for you if you can use water.”

So he performed the purificatory bath and his wound opened and he died. When we came to the Prophet (Allah bless him and give him peace), he was told of this and he said: “They have killed him, may Allah kill them. Why did they not ask?—for they didn’t know. The only cure for someone who does not know what to say is to ask . . . .” (Abu Dawud (b00), 1.93: 336 (a3)).

This hadith, which was related by Abu Dawud, is well authenticated (hasan), and every Muslim who has any taqwa should reflect on it carefully, for the Prophet (Allah bless him and give him peace) indicated in it—in the strongest language possible—that to judge on a rule of Islam on the basis of insufficient knowledge is a crime. And like it is the well authenticated hadith “Whoever is given a legal opinion (fatwa) without knowledge, his sin is but upon the person who gave him the opinion” (Abu Dawud (b00), 3.321: 3657 (a4)).

The Prophet (Allah bless him and give him peace) also said:

Judges are three: two of them in hell, and one in paradise. A man who knows the truth and judges accordingly, he shall go to paradise. A man who judges for people while ignorant, he shall go to hell. And a man who knows the truth but rules unjustly, he shall go to hell (Sharh al-sunna (b00), 10.94 (a5)).

This hadith, which was related by Abu Dawud, Tirmidhi, Ibn Majah, and others, is rigorously authenticated (sahih), and any Muslim who would like to avoid the hellfire should soberly consider the fate of whoever, in the words of the Prophet (Allah bless him and give him peace), “judges for people while ignorant.”

Yet we all have our Yusuf ‘Ali Qur’ans, and our Sahih al-Bukhari translations. Aren’t these adequate scholarly resources?

These are valuable books, and do convey perhaps the largest and most important part of our din: the basic Islamic beliefs, and general laws of the religion. My talk tonight is not about these broad principles, but rather about understanding specific details of Islamic practice, which is called precisely fiqh. For this, I think any honest investigator who studies the issues will agree that the English translations are not enough. They are not enough because understanding the total Qur’an and hadith textual corpus, which comprises what we call the din, requires two dimensions in a scholar: a dimension of breadth, the substantive knowledge of all the texts; and a dimension of depth, the methodological tools needed to join between all the Qur’anic verses and hadiths, even those that ostensibly contradict one another.

Knowledge of Primary Texts. As for the breadth of a mujtahid’s knowledge, it is recorded that the student of Imam Ahmad ibn Hanbal, Muhammad ibn ‘Ubaydullah ibn al-Munadi, heard a man ask him [Imam Ahmad]:

“When a man has memorized 100,000 hadiths, is he a scholar of Sacred Law, a faqih?” And he said, “No.” The man asked, “200,000 then?” And he said, “No.” The man asked, “Then 300,000?” And he said, “No.” The man asked, “400,000?” And Ahmad gestured with his hand to signify “about that many” (Ibn al-Qayyim: I‘lam al-muwaqqi‘in (b00), 4.205).

In truth, by the term “hadith” here Imam Ahmad meant the hadiths of the Prophet (Allah bless him and give him peace) in all their various chains of transmission, counting each chain of transmission as a separate hadith, and perhaps also counting the statements of the Sahaba. But the larger point here is that even if we eliminate the different chains, and speak only about the hadiths from the Prophet (Allah bless him and give him peace) that are plainly acceptable as evidence, whether sahih, “rigorously authenticated” or hasan “well authenticated,” (which for purposes of ijtihad, may be assimilated to the sahih) we are still speaking of well over 10,000 hadiths, and they are not contained in Bukhari alone, or in Bukhari and Muslim alone, nor yet in any six books, or even in any nine. Yet whoever wants to give a fatwa or “formal legal opinion” and judge for people that something is lawful or unlawful, obligatory or sunna, must know all the primary texts that relate to it. For the perhaps 10,000 hadiths that are sahih are, for the mujtahid, as one single hadith, and he must first know them in order to join between them to explain the unified command of Allah.

I say “join between” because most of you must be aware that some sahih hadiths seem to controvert other equally sahih hadiths. What does a mujtahid do in such an instance?

Ijtihad. Let’s look at some examples. Most of us know the hadiths about fasting on the Day of ‘Arafa for the non-pilgrim, that “it expiates [the sins of] the year before and the year after” (Muslim (b00), 2.819: 1162 (a6)). But another rigorously authenticated hadith prohibits fasting on Friday alone (Bukhari (b00), 3.54: 1984 (a7)), and a well authenticated hadith prohibits fasting on Saturday alone (Tirmidhi (b00), 3.120: 744 (a8)), of which Tirmidhi explains, “The meaning of the ‘offensiveness’ in this is when a man singles out Saturday to fast on, since the Jews venerate Saturdays” (ibid.). Some scholars hold Sundays offensive to fast on for the same reason, that they are venerated by non-Muslims. (Other hadiths permit fasting one of these days together with the day before or the day after it, perhaps because no religion venerates two of the days in a row.) The question arises: What does one do when ‘Arafa falls on a Friday, a Saturday, or a Sunday? The general demand for fasting on the Day of ‘Arafa might well be qualified by the specific prohibition of fasting on just one of these days. But a mujtahid aware of the whole hadith corpus would certainly know a third hadith in Sahih Muslim that is even more specific, and says: “Do not single out Friday from among other days to fast on, unless it coincides with a fast one of you performs” (Muslim (b00), 2.801: 1144 (a9)).

The latter hadith establishes for the mujtahid the general principle that the ruling for fasting on a day normally prohibited to fast on changes when it “coincides with a fast one of you performs”—and so there is no problem with fasting whether the Day of Arafa falls on a Friday, Saturday, or Sunday.

Here as elsewhere, whoever wants to understand the ruling of doing something in Islam must know all the texts connected with it. Because as ordinary Muslims, you and I are not only responsible for obeying the Qur’anic verses and hadiths we are familiar with. We are responsible for obeying all of them, the whole shari‘a. And if we are not personally qualified to join between all of its texts—and we have heard Ahmad ibn Hanbal discuss how much knowledge this takes—we must follow someone who can, which is why Allah tells us, “Ask those who recall if you know not.”

The size and nature of this knowledge necessitate that the non-specialist use adab or “proper respect” towards the scholars of fiqh when he finds a hadith, whether in Bukhari or elsewhere, that ostensibly contradicts the schools of fiqh. A non-scholar, for example, reading through Sahih al-Bukhari will find the hadith that the Prophet (Allah bless him and give him peace) bared a thigh on the ride back from Khaybar (Bukhari (b00), 1.103–4: 371 (a10)). And he might imagine that the four madhhabs or “legal schools”—Hanafi, Maliki, Shafi‘i, and Hanbali—were mistaken in their judgment that the thigh is ‘awra or “nakedness that must be covered.”

But in fact there are a number of other hadiths, all of them well authenticated (hasan) or rigorously authenticated (sahih) that prove that the Prophet (Allah bless him and give him peace) explicitly commanded various Sahaba to cover the thigh because it was nakedness. Hakim reports that the Prophet (Allah bless him and give him peace) saw Jarhad in the mosque wearing a mantle, and his thigh became uncovered, so the Prophet told him, “The thigh is part of one’s nakedness” (al-Mustadrak (b00), 4.180 (a11)), of which Hakim said, “This is a hadith whose chain of transmission is rigorously authenticated (sahih),” which Imam Dhahabi confirmed (ibid.). Imam Baghawi records the sahih hadith that “the Prophet (Allah bless him and give him peace) passed by Ma‘mar, whose two thighs were exposed, and told him, ‘O Ma‘mar, cover your two thighs, for the two thighs are nakedness’” (Sharh al-sunna (b00) 9.21: 2251 (a12)). And Ahmad ibn Hanbal records that the Prophet (Allah bless him and give him peace) said, “When one of you marries [someone to] his servant or hired man, let him not look at his nakedness, for what is below his navel to his two knees is nakedness” (Ahmad (b00), 2.187 (a13)), a hadith with a well authenticated (hasan) chain of transmission. The mujtahid Imams of the four schools knew these hadiths, and joined between them and the Khaybar hadith in Bukhari by the methodological principle that: “An explicit command in words from the Prophet (Allah bless him and give him peace) is given precedence over an action of his.” Why?

Among other reasons, because of the fact that certain laws of the shari‘a applied to the Prophet alone (Allah bless him and give him peace). Such as the fact that when he went into battle, he was not permitted to retreat, no matter how outnumbered. Or such as the obligatoriness for him alone of praying tahajjud or “the night vigil prayer” after rising from one’s sleep before dawn, which is merely sunna for the rest of us. Or such as the permissibility for him alone of not breaking his fast at night between fast-days. Or such as the permissibility for him alone of having more than four wives—the means through which Allah, in His wisdom, preserved for us the minutest details of the Prophet’s day-to-day sunna (Allah bless him and give him peace), which a larger number of wives would be far abler to observe and remember.

Because certain laws of the shari‘a applied to him alone, the scholars of ijtihad have established the principle that in many cases, when an act was done by the Prophet personally (Allah bless him and give him peace), such as bearing the thigh after Khaybar, and when he gave an explicit command to us to do something else, in this case, to cover the thigh because it is nakedness, then the command is adopted for us, and the act is considered to pertain to him alone (Allah bless him and give him peace).

We can see from this example the kind of scholarship it takes to seriously comprehend the whole body of hadith, both in breadth of knowledge, and depth of interpretive understanding or fiqh, and that anyone who would give a fatwa, on the basis of the Khaybar hadith in Sahih al-Bukhari, that “the scholars are wrong and the hadith is right” would be guilty of criminal negligence for his ignorance.

When one does not have substantive knowledge of the Qur’an and hadith corpus, and lacks the fiqh methodology to comprehensively join between it, the hadiths one has read are not enough. To take another example, there is a well authenticated (hasan) hadith that “the Prophet (Allah bless him and give him peace) cursed women who visit graves” (Tirmidhi (b00), 3.371: 1056 (a14)). But scholars say that the prohibition of women visiting graves was abrogated (mansukh) by the rigorously authenticated (sahih) hadith “I had forbidden you to visit graves, but now visit them” (Muslim (b00), 2.672: 977 (a15)).

Here, although the words “now visit them” (fa zuruha) are an imperative to men (or to a group of whom at least some are men), the fact that the hadith permits women as well as men to now visit graves is shown by another hadith related by Muslim in his Sahih that when ‘A'isha asked the Prophet (Allah bless him and give him peace) what she should say if she visited graves, he told her: “Say: ‘Peace be upon the believers and Muslims of the folk of these abodes. May Allah have mercy on those of us who have gone ahead and those who have stayed behind; Allah willing, we shall certainly be joining you’” (Muslim (b00), 2.671: 974 (a16)), which plainly entails the permissibility of her visiting graves in order to say this, for the Prophet (Allah bless him and give him peace) would never have taught her these words had visiting them been disobedience. In other words, knowing all these hadiths, together with the methodological principle of naskh or “abrogation,” is essential to drawing the valid fiqh conclusion that the first hadith in which “the Prophet (Allah bless him and give him peace) cursed women who visit graves”—was abrogated by the second hadith, as is attested by the third.

Or consider the Qur’anic text in Sura al-Ma’ida:

“The food of those who have been given the Book is lawful for you, and your food is lawful for them” (Qur’an 5:5).

This is a general ruling ostensibly pertaining to all their food. Yet this ruling is subject to takhsis, or “restriction” by more specific rulings that prove that certain foods of Ahl al-Kitab, “those who have been given the Book,” such as pork, or animals not properly slaughtered, are not lawful for us.

Ignorance of this principle of takhsis or restriction seems to be especially common among would-be mujtahids of our times, from whom we often hear the more general ruling in the words “But the Qur’an says,” or “But the hadith says,” without any mention of the more particular ruling from a different hadith or Qur’anic verse that restricts it. The reply can only be “Yes, brother, the Qur’an does say, ‘The food of those who have been given the Book is lawful for you,’ But what else does it say?” or “Yes, the hadith in Sahih al-Bukhari says the Prophet (Allah bless him and give him peace) bared his thigh on the return from Khaybar. But what else do the hadiths say, and more importantly, are you sure you know it?”

The above examples illustrate only a few of the methodological rules needed by the mujtahid to understand and operationalize Islam by joining between all the evidence. Firstly, we saw the principle of takhsis or “restriction” of general rules by more specific ones, both in the example of fasting on the Day of ‘Arafa when it falls on a Friday, Saturday, or Sunday, and the example of the food of Ahl al-Kitab. Secondly, in the Khaybar hadith in Sahih al-Bukhari about baring the thigh and the hadiths commanding that the thigh be covered, we saw the principle of how an explicit prophetic command in words is given precedence over a mere action when there is a contradiction. Thirdly, we saw the principle of nasikh wa mansukh, of “an earlier ruling being abrogated by a later one,” in the example of the initial prohibition of women visiting graves, and their subsequently being permitted to.

These are only three of the ways that two or more texts of the Qur’an and hadith may enter into and qualify one another, rules that someone who derives the shari‘a from them must know. In other words, they are but three tools of a whole methodological toolbox. We do not have the time tonight to go through all these tools in detail, although we can mention some in passing, giving first their Arabic names, such as:

—The ‘amm, a text of general applicability to many legal rulings, and its opposite:

—The khass, that which is applicable to only one ruling or type of ruling.

—The mujmal, that which requires other texts to be fully understood, and its opposite:

—The mubayyan, that which is plain without other texts.

—The mutlaq, that which is applicable without restriction, and its opposite:

—The muqayyad, that which has restrictions given in other texts.

—The nasikh, that which supersedes previous revealed rulings, and its opposite:

—The mansukh: that which is superseded.

—The nass: that which unequivocally decides a particular legal question, and its opposite:

—The dhahir: that which can bear more than one interpretation.

My point in mentioning what a mujtahid is, what fiqh is, and the types of texts that embody Allah’s commands, with the examples that illustrate them, is to answer our original question: “Why can’t we take our Islamic practice from the word of Allah and His messenger, which are divinely protected, instead of taking it from mujtahid Imams, who are not?” The answer, we have seen, is that revelation cannot be acted upon without understanding, and understanding requires firstly that one have the breadth of mastery of the whole, and secondly, the knowledge of how the parts relate to each other. Whoever joins between these two dimensions of the revelation is taking his Islamic practice from the word of Allah and His messenger, whether he does so personally, by being a mujtahid Imam, or whether by a means of another, by following one.

Following Scholars (Taqlid). Allah Most High says in Sura al-Nisa’,

“If they had referred it to the Messenger and to those of authority among them, then those of them whose task it is to find it out would have known the matter” (Qur’an 4:83)

—where alladhina yastanbitunahu minhum, “those of them whose task it is to find it out,” refers to those possessing the capacity to draw inferences directly from evidence, which is called in Arabic istinbat.

A person who has reached this level can and indeed must draw his inferences directly from evidence, and may not merely follow another scholar’s conclusions without examining the evidence (taqlid), a rule expressed in books of methodological principles of fiqh as: Laysa li al-‘alim an yuqallida, “The alim” [i.e. the mujtahid at the level of instinbat referred to by the above Qur’anic verse] “may not merely follow another scholar” (Juwayni: Sharh al-Waraqat (b00), 75), meaning it is not legally permissible for one mujtahid to follow another mujtahid unless he knows and agrees with his evidences.

The mujtahid Imams trained a number of scholars who were at this level. Imam Shafi‘i had Muzani, and Imam Abu Hanifa had Abu Yusuf and Muhammad ibn al-Hasan Shaybani. It was to such students that Abu Hanifa addressed his words: “It is unlawful for whoever does not know my evidence to give my position as a fatwa” (Hamid: Luzum ittiba‘ madhahib al-a’imma (b00), 6), and, “It is not lawful for anyone to give our position as a fatwa until he knows where we have taken it from” (ibid.).

It is one of the howlers of our times that these words are sometimes quoted as though they were addressed to ordinary Muslims. If it were unlawful for the carpenter, the sailor, the computer programmer, the doctor, to do any act of worship before he had mastered the entire textual corpus of the Qur’an and thousands of hadiths, together with all the methodological principles needed to weigh the evidence and comprehensively join between it, he would either have to give up his profession or give up his religion. A lifetime of study would hardly be enough for this, a fact that Abu Hanifa knew better than anyone else, and it was to scholars of istinbat, the mujtahids, that he addressed his remarks. Whoever quotes these words to non-scholars to try to suggest that Abu Hanifa meant that it is wrong for ordinary Muslims to accept the work of scholars, should stop for a moment to reflect how insane this is, particularly in view of the life work of Abu Hanifa from beginning to end, which consisted precisely in summarizing the fiqh rulings of the religion for ordinary people to benefit from and follow.

Imam Shafi‘i was also addressing this top level of scholars when he said: “When a hadith is sahih, it is my school (madhhab)”—which has been misunderstood by some to mean that if one finds a hadith, for example, in Sahih al-Bukhari that is inconsistent with a position of Shafi‘i's, one should presume that he was ignorant of it, drop the fiqh, and accept the hadith.

I think the examples we have heard tonight of joining between several hadiths for a single ruling are too clear to misunderstand Shafi‘i in this way. Shafi‘i is referring to hadiths that he was previously unaware of and that mujtahid scholars know him to have been unaware of when he gave a particular ruling. And this, as Imam Nawawi has said, “is very difficult,” for Shafi‘i was aware of a great deal. We have heard the opinion of Shafi‘i's student Ahmad ibn Hanbal about how many hadiths a faqih must know, and he unquestionably considered Shafi‘i to be such a scholar, for Shafi‘i was his sheikh in fiqh. Ibn Khuzayma, who was known as “the Imam of Imams” in hadith memorization, was once asked, “Do you know of a rigorously authenticated (sahih) hadith that Shafi‘i did not include in his books?” And he said, “No” (Nawawi: al-Majmu‘ (b00), 1.10). And Imam Dhahabi has said, “Shafi‘i did not have a single hadith that he made a mistake about” (Ibn Subki: Tabaqat al-Shafi‘iyya al-kubra (b00), 9.114). It is clear from all of this that Imam Shafi‘i's statement “When a hadith is sahih, it is my position” only makes sense—and could result in meaningful corrections—if addressed to scholars at a level of hadith mastery comparable to his own.

Hadith Authentication. This last point raises another issue here that few people are aware of today, and I shall devote the final part of my speech to it. Just as the mujtahid Imam is not like us in his command of the Qur’an and hadith evidence and the principles needed to join between it and infer rulings from it, so too he is not like us in the way he judges the authenticity of hadiths. If a person who is not a hadith specialist needs to rate a hadith, he will usually want to know if it appears, for example, in Sahih al-Bukhari, or Sahih Muslim, or if some hadith scholar has declared it to be sahih or hasan. A mujtahid does not do this.

Rather, he reaches an independent judgment as to whether a particular hadith is truly from the Prophet (Allah bless him and give him peace) through his own knowledge of hadith narrators and the sciences of hadith, and not from taqlid or “following the opinion of another hadith scholar.”

It is thus not necessarily an evidence against the positions of a mujtahid that Bukhari, or Muslim, or whoever, has accepted a hadith that contradicts the mujtahid’s evidence. Why? Because among hadith scholars, the reliability rating of individual narrators in hadith chains of transmission are disagreed about and therefore hadiths are disagreed about in the same manner that particular questions of fiqh are disagreed about among the scholars of fiqh. Like the schools of fiqh, the extent of this disagreement is relatively small in relation to the whole, but one should remember that it does exist.

Because a mujtahid scholar is not bound to accept another scholar’s ijtihad regarding a particular hadith, the ijtihad of a hadith specialist of our own time that, for example, a hadith is weak (da‘if), is not necessarily an evidence against the ijtihad of a previous mujtahid that the hadith is acceptable. This is particularly true in the present day, when specialists in hadith are not at the level of their predecessors in either knowledge of hadith sciences, or memorization of hadiths.

We should also remember what sahih means. I shall conclude my talk tonight with the five conditions that have to be met for a hadith to be considered sahih, and we shall see, in sha’ Allah, how the scholars of hadith have differed about them.

(a) The first condition is that a hadith must go back to the Prophet (Allah bless him and give him peace) by a continuous chain of narrators. There is a difference of opinion here between Bukhari and Muslim, in that Bukhari held that for any two adjacent narrators in a chain of transmission, it must be historically established that the two actually met, whereas Muslim and others stipulated only that their meeting have been possible, such as by one having lived in a particular city that the other is known to have visited at least once in his life. So some hadiths will be acceptable to Muslim that will not be acceptable to Bukhari and those of the mujtahid imams who adopt his criterion.

(b) The second condition for a sahih hadith is that the narrators be morally upright. The scholars have disagreed about the definition of this, some accepting that it is enough that a narrator be a Muslim who is not proven to have been unacceptable. Others stipulate that he be outwardly established as having been morally upright, while other scholars stipulate that this be established inwardly as well. These different criteria are naturally reasons why two mujtahids may differ about the authenticity of a single hadith.

(c) The third condition is that the narrators must be known to have had accurate memories. The verification of this is similarly subject to some disagreement between the Imams of hadith, resulting in differences about reliability ratings of particular narrators, and therefore of particular hadiths.

(d) The fourth condition for a sahih hadith is that the text and transmission of the hadith must be free of shudhudh, or “variance from established standard narrations of it.” An example is when a hadith is related by five different narrators who are contemporaries of one another, all of whom relate the same hadith from the same sheikh through his chain of transmission back to the Prophet (Allah bless him and give him peace). Here, if we find that four of the hadiths have the same wording but one of them has a variant wording, the hadith with the variant wording is called shadhdh or “deviant,” and it is not accepted, because the difference is naturally assumed to be the mistake of the one narrator, since all of the narrators heard the hadith from the same sheikh.

There is a hadith, for example (researched by our sheikh, hadith specialist Shu‘ayb Arna’ut) related by Ahmad ((b00), 4.318), Bayhaqi ((b00), 2.132), Ibn Khuzayma ((b00), 1.354: 714), and Ibn Hibban, with a reliable chain of narrators (thiqat)—except for Kulayb ibn Hisham, who is a merely “acceptable” (saduq), not “reliable” (thiqa)—that the Companion Wa’il ibn Hujr al-Hadrami said that when he watched the Prophet (Allah bless him and give him peace) kneeling in the Tashahhud or “Testification of Faith” of his prayer, the Prophet lifted his [index] finger, and I saw him move it, supplicating with it. I came [some time] after that and saw people in [winter] over-cloaks, their hands moving under the cloaks (Ibn Hibban (b00), 5.170–71: 1860 (a17)).

Now, all of the versions of the hadith mentioning that the Prophet (Allah bless him and give him peace) moved his finger have been related to us by way of Za’ida ibn Qudama al-Thaqafi, a narrator who is considered reliable, and who transmitted it from the hadith sheikh ‘Asim ibn Kulayb, who related it from his father Kulayb ibn Shihab, from Wa’il ibn Hujr al-Hadrami. But we find that this version of “moving the finger” contradicts versions of the hadith transmitted from the same sheikh, ‘Asim ibn Kulayb, by no less than ten of ‘Asim’s other students, all of them reliable, who heard ‘Asim report that the Prophet (Allah bless him and give him peace) did not move but rather pointed (ashara) with his index finger (towards the qibla or “direction of prayer”).

These companions of ‘Asim (with their hadiths) are: Sufyan al-Thawri: “then he pointed with his index finger, putting the thumb to the middle finger to make a ring with them” (al-Musannaf (b00), 2.68–69: 2522 (a18)); Sufyan ibn ‘Uyayna: “he joined his thumb and middle finger to make a ring, and pointed with his index finger” (Ahmad (b00), 4.318 (a19)); Shu‘ba ibn al-Hajjaj: “he pointed with his index finger, and formed a ring with the middle one” (Ahmad (b00), 4.319 (a20)); Qays ibn al-Rabi‘: “then he joined his thumb and middle finger to make a ring, and pointed with his index finger” (Tabarani (b00), 22.33–34: 79 (a21)); ‘Abd al-Wahid ibn Ziyad al-‘Abdi: “he made a ring with a finger, and pointed with his index finger” (Ahmad (b00), 4.316 (a22)); ‘Abdullah ibn Idris al-Awdi: “he had joined his thumb and middle finger to make a ring, and raised the finger between them to make du‘a (supplication) in the Testification of Faith” (Ibn Majah (b00), 1.295: 912 (a23)); Zuhayr ibn Mu‘awiya: “and I saw him [‘Asim] say, ‘Like this,’—and Zuhayr pointed with his first index finger, holding two fingers in, and made a ring with his thumb and second index [middle] finger” (Ahmad (b00), 4.318–19 (a24)); Abu al-Ahwas Sallam ibn Sulaym: “he began making du‘a like this—meaning with his index finger, pointing with it—” (Musnad al-Tayalisi (b00), 137: 1020 (a25)); Bishr ibn al-Mufaddal: “and I saw him [‘Asim] say, ‘Like this,’—and Bishr joined his thumb and middle finger to make a ring, and pointed with his index finger” (Abu Dawud (b00), 1.251: 957 (a26); and Khalid ibn Abdullah al-Wasiti: “then he joined his thumb and middle finger to make a ring, and pointed with his index finger” (Bayhaqi (b00), 2.131 (a27)).

All of these narrators are reliable (thiqat), and all heard ‘Asim ibn Kulayb relate that the Prophet (Allah bless him and give him peace) “pointed with (ashara bi) his index finger” during the Testimony of Faith in his prayer. There are many other narrations of “pointing with the index finger” transmitted through sheikhs other than ‘Asim, omitted here for brevity—four of them, for example, in Sahih Muslim ((b00), 1.408–9). The point is, for illustrating the meaning of a shadhdh or “deviant hadith,” that the version of moving the finger was conveyed only by Za’ida ibn Qudama from ‘Asim. Ibn Khuzayma says: “There is not a single hadith containing yuharrikuha (‘he moved it’) except this hadith mentioned by Za’ida” (Sahih Ibn Khuzayma (b00), 1.354: 714).

So we know that the Prophet (Allah bless him and give him peace) used to point with his index finger, and that the version of “moving his finger” is shadhdh or “deviant,” and represents a slip of the narrator, for the word ishara in the majority’s version means only “to point or gesture at,” or “to indicate with the hand,” and has no recorded lexical sense of wiggling or shaking the finger (Lisan al-‘Arab (b00), 4.437 and al-Qamus al-muhit (b00), 540). This interpretation is explicitly borne out by well authenticated hadiths related from the Companion Abdullah ibn al-Zubayr that “the Prophet (Allah bless him and give him peace) used to point with his index finger when making supplication [in the Testification of Faith], and did not move it” (Abu Dawud (b00), 1.260: 989 (a28)) and that he “used to point with his index finger when making supplication, without moving it” (Bayhaqi (b00), 2.131–32 (a29)).

Finally, we may note that Imam Bayhaqi has joined between the Za’ida ibn Qudama hadith and the many hadiths that apparently contradict it by suggesting that moving the finger in the Za’ida hadith may mean simply lifting it (rafa‘a), a wording explicitly mentioned in one version recorded by Muslim that the Prophet (Allah bless him and give him peace) “raised the right finger that is next to the thumb, and supplicated with it” (Sahih Muslim (b00), 1.408: 580 (a30)). So according to Bayhaqi, the contradiction is only apparent, and raising the finger is the “movement” that Wa’il saw from the Prophet (Allah bless him and give him peace) and the people’s hands under their cloaks, according to Za’ida’s version, which remains, however, shadhdh or “deviant” from a hadith point of view, unless understood in this limitary sense.

(e) The fifth and final condition for a sahih hadith is that both the text and chain of transmission must be without ‘illa or “hidden flaw” that alerts experts to expect inauthenticity in it. We will dwell for a moment on this point not only because it helps illustrate the processes of ijtihad, but because in-depth expertise in this condition was not common even among top hadith Imams. The greatest name in the field was ‘Ali al-Madini, one of the sheikhs of Bukhari, though his major work about it is now unfortunately lost. Daraqutni is perhaps the most famous specialist in the field whose works exist. In the words of Ibn Salah, a hafiz or “hadith master” (someone with at least 100,000 hadiths by memory), the knowledge of the ‘illa or “hidden flaw” is:

among the greatest of the sciences of hadith, the most exacting, and highest: only scholars of great memorization, hadith expertise, and penetrating understanding have a thorough knowledge of it. It refers to obscure, hidden flaws that vitiate hadiths, “flawed” meaning that a defect is discovered that negates the authenticity of a hadith that is outwardly “rigorously authenticated” (sahih). It affects hadiths with reliable chains of narrators that outwardly appear to fulfill all the conditions of a sahih hadith (‘Ulum al-hadith (b00), 90).

It may surprise some people to learn that one example often cited in hadith textbooks of such a hidden flaw (‘illa) is from Sahih Muslim, all of whose hadiths are rigorously authenticated (sahih), as Ibn Salah has said, “except for a very small number of words, which hadith masters of textual evaluation (naqd) such as Daraqutni and others have critiqued, and which are known to scholars of this level” (‘Ulum al-hadith (b00), 29). The hadith of the present example was related by Muslim from the Companion Anas ibn Malik in several versions, which might convince those unaware of its flaw to believe that someone at prayer should omit the Basmala or “Bismi Llahi r-Rahmani r-Rahim” at the beginning of the Fatiha. According to the hadith, Anas ibn Malik (Allah be well pleased with him) said,

I prayed with the Messenger of Allah (Allah bless him and give him peace), Abu Bakr, ‘Umar, and ‘Uthman, and they opened with “al-Hamdu li Llahi Rabbi l-‘Alamin,” not mentioning “Bismi Llahi r-Rahmani r-Rahim” at the first of the recital or the last of it [and in another version, “I didn’t hear any of them recite ‘Bismi Llahi r-Rahmani r-Rahim’”] (Sahih Muslim (b00), 1.299: 399 (a31)).

Scholars say the hadith’s flaw lies in the negation of the Basmala at the end, which is not the words of Anas, but rather one of the subnarrators explaining what he thought Anas meant. Ibn Salah says: “Its subnarrator related it with the above-mentioned wording in accordance with his own understanding of it” (Muqaddima Ibn Salah (b00), 99). This hadith is given as an example of a “hidden flaw” in a number of manuals of hadith terminology such as hadith master (hafiz) Suyuti’s Tadrib al-rawi ((b00), 1.254–57); hadith master Ibn Salah’s Ulum al-hadith ((b00), 92); hadith master Zayn al-Din ‘Iraqi’s al-Taqyid wa al-idah ((b00), 98–103); and others. ‘Iraqi says, “A number of hadith masters (huffaz) have judged it to be flawed, including Shafi‘i, Daraqutni, Bayhaqi, and Ibn ‘Abd al-Barr” (ibid., 98).

Now, Bukhari has related the hadith up to the words “and they opened with ‘al-Hamdu li Llahi Rabbi l-‘Alamin’”; without mentioning omitting the Basmala (Bukhari (b00), 1.189: 743 (a32)), and Tirmidhi and Abu Dawud relate no other version. Scholars point out, in this connection, that the words “al-Hamdu li Llahi Rabbi l-‘Alamin” were in fact the name of the Fatiha, for the Prophet (Allah bless him and give him peace) and his Companions often used the opening words of suras as names for them; for example, in the hadith in Sahih al-Bukhari of Abu Sa‘id ibn al-Mu‘alla, to whom the Prophet (Allah bless him and give him peace) said:

“I will teach you a sura that is the greatest sura of the Qur’an before you leave the mosque.” Then he took my hand, and when he was going out, I said to him, “Didn’t you say, ‘I will teach you a sura that is the greatest sura of the Qur’an before you leave the mosque’?” And he said: “‘Al-Hamdu li Llahi Rabbi l-‘Alamin’: it is the Seven Oft-Recited [Verses] (al-Sab‘ al-Mathani) and the Tremendous Recital (al-Qur’an al-‘Adhim) that I have been given” (ibid., 6.20–21: 4474 (a33)).

In this hadith, “Al-Hamdu li Llahi Rabbi l-‘Alamin” is plainly the name of the Fatiha, and means nothing besides, for otherwise, it is one verse, not seven. ‘A'isha, who was one of the ulama of the Sahaba, also referred to names of suras in this way, as in the hadith of Bukhari that

the Prophet (Allah bless him and give him peace), when he went to bed each night, joined his hands together, blew a light spray of saliva upon them, and read over them “Qul huwa Llahu Ahad,” “Qul a‘udhu bi Rabbi l-Falaq,” and “Qul a‘udhu bi Rabbi n-Nas”; then wiped every part of his body he could with them (ibid., 233–34: 5017 (a34)),

which clearly shows that she named the suras by their opening words (after the Basmala), as did other early Muslims (such as Bukhari in his chapter headings in the section of his Sahih on the Virtues of the Qur’an, for example). So there is no indication, in the portion of the Anas hadith’s wording that is agreed upon by both Bukhari and Muslim; namely, “I prayed with the Messenger of Allah (Allah bless him and give him peace), Abu Bakr, ‘Umar, and ‘Uthman, and they opened with ‘al-Hamdu li Llahi Rabbi l-‘Alamin,’” that the Basmala was not recited aloud. Says Tirmidhi: “Imam Shafi‘i has said, ‘Its meaning is that they used to begin with the Fatiha before the sura, not that they did not recite “Bismi Llahi r-Rahmani r-Rahim.”’ And Shafi‘i held that the prayer was begun with ‘Bismi Llahi r-Rahmani r-Rahim,’ and that it was recited aloud in prayers recited aloud” (Tirmidhi (b00), 2.16).

Hadith scholars who are masters of textual critique, like Daraqutni and others, consider the words of the Anas hadith “not mentioning ‘Bismi Llahi r-Rahmani r-Rahim,’” which outwardly seem to suggest omitting the Basmala, to be vitiated by an ‘illa or “hidden flaw” for many reasons, a few of which are:

—It is established by numerous intersubstantiative channels of transmission (tawatur), that the Prophet (Allah bless him and give him peace) said, “There is no prayer for whoever does not recite the Fatiha” (Bukhari (b00), 1.192: 756 (a35)). That the Basmala is the Fatiha’s first verse is shown by several facts:

First, the Sahaba affirmed nothing in the collation of the Qur’an (mushaf) of ‘Uthman’s time except what was Qur’an, and they unanimously placed the Basmala at the beginning of every sura except Sura al-Tawba.

Secondly, the Prophet (Allah bless him and give him peace) said, “When you recite ‘al-Hamdu li Llah,’ recite ‘Bismi Llahi r-Rahmani r-Rahim,’ for it is the Sum of the Qur’an (Umm al-Qur’an), and the Compriser of the Scripture (Umm al-Kitab), and the Seven Oft-Repeated [Verses] (al-Sab‘ al-Mathani)—and ‘Bismi Llahi r-Rahmani r-Rahim’ is one of its verses” (Bayhaqi (b00), 2.45 (a36); and Daraqutni (b00), 1.312 (a37)), a hadith related with a rigorously authenticated (sahih) channel of transmission to the Prophet (Allah bless him and give him peace), and through another chain to Abu Hurayra alone (Allah be well pleased with him).

Thirdly, Umm Salama relates: “The Prophet (Allah bless him and give him peace) used to recite: ‘Bismi Llahi r-Rahmani r-Rahim. al-Hamdu li Llahi Rabbi l-‘Alamin,’ separating each phrase”; a hadith which Hakim said was rigorously authenticated (sahih) according to the conditions of Bukhari and Muslim, which Imam Dhahabi corroborated (al-Mustadrak (b00), 1.232 (a38)). Daraqutni also relates from Umm Salama that “the Prophet (Allah bless him and give him peace) when he used to recite the Qur’an would pause in his recital verse by verse: ‘Bismi Llahi r-Rahmani r-Rahim: al-Hamdu li Llahi Rabbi l-‘Alamin: ar-Rahmani r-Rahim: Maliki yawmi d-din.’” Daraqutni said, “Its ascription is rigorously authenticated (sahih); all of its narrators are reliable” (Daraqutni (b00), 1.312–13 (a39)). These hadiths show that the Basmala was recited aloud by the Prophet (Allah bless him and give him peace) as part of the Fatiha.

Fourthly, Bukhari relates in his Sahih that when Anas was asked how the Prophet (Allah bless him and give him peace) used to recite, “he answered: ‘By prolonging [the vowels]’—and then he [Anas] recited ‘Bismi Llahi r-Rahmani r-Rahim,’ prolonging the Bismi Llah, prolonging the r-Rahman, and prolonging the r-Rahim” (Bukhari (b00), 6.241: 5046 (a40)), indicating that Anas regarded this as part of the Prophet’s Qur’an recital and that the Prophet (Allah bless him and give him peace) recited it aloud.

Fifthly, Daraqutni has recorded two hadiths, both from Ibn ‘Abbas, and has said about each of them, “This is a rigorously authenticated (sahih) chain of transmission, there is not a weak narrator in it,” of which the first is: “The Prophet (Allah bless him and give him peace) used to recite ‘Bismi Llahi r-Rahmani r-Rahim,’ aloud”; and the second is: “The Prophet (Allah bless him and give him peace) used to begin the prayer with ‘Bismi Llahi r-Rahmani r-Rahim’” (Nawawi: al-Majmu‘ (b00), 3.347 (a41)).

—Imam Mawardi summarizes: “Because it is established that it is obligatory to recite the Fatiha in the prayer, and that the Basmala is part of it, the ruling for reciting the Basmala aloud or to oneself must be the same as that of reciting the Fatiha aloud or to oneself” (al-Hawi al-kabir (b00), 2.139).

—Imam Nawawi says: “Concerning reciting ‘Bismi Llahi r-Rahmani r-Rahim’ aloud, we have mentioned that our position is that it is praiseworthy to do so. Wherever one recites the Fatiha and sura aloud, the ruling for reciting the Basmala aloud is the same as reciting the rest of the Fatiha and sura aloud. This is the position of the majority of the ulama of the Sahaba and those who were taught by them (Tabi‘in) and those after them. As for the Sahaba who held the Basmala is recited aloud at prayer, the hadith master (hafiz) Abu Bakr al-Khatib reports that they included Abu Bakr, ‘Umar, ‘Uthman, ‘Ali, ‘Ammar ibn Yasir, Ubayy ibn Ka‘b, Ibn ‘Umar, Ibn ‘Abbas, Abu Qatada, Abu Sa‘id, Qays ibn Malik, Abu Hurayra, ‘Abdullah ibn Abi Awfa, Shaddad ibn Aws, ‘Abdullah ibn Ja‘far, Husayn ibn ‘Ali, Mu‘awiya, and the congregation of Emigrants (Muhajirin) and Helpers (Ansar) who were present with Mu‘awiya when he prayed in Medina but did not say the Basmala aloud, and they censured him, so he returned to saying it aloud” (al-Majmu‘ (b00), 3.341).

These are some reasons why scholars regard the Anas hadith in Sahih Muslim to be mu‘all or “flawed.” We cannot here discuss other aspects of the hadith such as the flaws in its chain of narrators, which are explained in detail in Zayn al-Din ‘Iraqi’s al-Taqyid wa al-idah ((b00), 100–101), though the foregoing may give a general idea why it has been considered flawed by hadith masters (huffaz) such as Suyuti, ‘Iraqi, Ibn Salah, Ibn ‘Abd al-Barr, Daraqutni, and Bayhaqi—and why the shari‘a ruling apparently deducible from the end of the hadith; namely, omitting the Basmala when reciting the Fatiha at prayer, has been rejected by Shafi‘i, Nawawi, and others, who hold that the Basmala is recited aloud whenever the Fatiha is. (The position of Abu Hanifa and Ahmad ibn Hanbal, it may be noted, is that one recites the Basmala to oneself before the Fatiha, thus joining between hadiths on both sides by interpreting the “omitting” in the Anas hadith in other than its apparent sense, to mean merely “reciting to oneself.”) In any case, it is clearly not a story of “the hadith in Sahih Muslim that the Imams didn’t know about,” as some of the unlearned seriously suggest today, but rather a difference of opinion in hadith authentication involving the highest levels of shari‘a scholarship.

Finally, this illustration shows us that the statement which has become a commonplace nowadays, to the effect that the books of Bukhari, Muslim, and others were not yet in existence in the times of the four mujtahid Imams, is true, but trivially true: first, because Bukhari and Muslim’s sheikhs took their hadiths from the same sheikhs that Abu Hanifa, Malik, Shafi‘i, and Ahmad took their hadiths from, with the same chains of transmission, back to the Prophet (Allah bless him and give him peace): the hadiths were the same hadiths. But secondly (and perhaps more tellingly), it is trivial because the Imams reached independent judgements on the authenticity of particular hadiths based on their own knowledge, not merely on following the conclusions (taqlid) of other hadith experts, as we do.

Studying the five conditions above for a sahih hadith and the differences about them among specialists shows us why the mujtahid Imams of the schools sometimes differ with one another about whether a particular hadith is really from the Prophet (Allah bless him and give him peace). Whoever believes that a single scholar, whether Bukhari, Muslim, or a contemporary sheikh, can finish off all differences of opinion about the acceptability of particular hadiths, should correct his impressions by going and studying the sciences of hadith. What we can realize from this is that when we find a hadith in Sahih al-Bukhari that one school of fiqh seems to follow and another does not, it may well be that differences in fiqh methodology, hadith methodology, or both, play a role.

Conclusions. Let me summarize everything I have said tonight. I first pointed out that the knowledge you and I learn from the Qur’an and hadith may be divided into three categories. The first is the knowledge of Allah and His attributes, and the basic truths of Islamic belief such as the messengerhood of the Prophet (Allah bless him and give him peace), the belief in the Last Day, and so on. Every Muslim can and must learn this knowledge from the Book of Allah and the sunna, which is also the case for the second kind of knowledge: that of general Islamic laws to do good, to avoid evil, to perform the prayer, pay zakat, fast Ramadan, to cooperate with others in good works, and so on. Anyone can and must learn these general prescriptions for him or herself.

Then we discussed a third category of knowledge, which consists of fiqh or “understanding” of specific details of Islamic practice. We found in the Qur’an and sahih hadiths that people are of two types respecting this knowledge, those qualified to do ijtihad and those who are not. We mentioned the sahih hadith about “a man who judges for people while ignorant: he shall go to hell,” showing that would-be mujtahids are criminals when they operate without training.

We heard the Qur’anic verse that established that a certain group of the Muslim community must learn and be able to teach others the specific details of their religion. We heard the Qur’anic verse that those who do not know must ask those who do, as well as the verse about referring matters to “those whose task it is to find it out.”

We talked about these scholars, the mujtahid Imams, firstly, in terms of their comprehensive knowledge of the whole Qur’an and hadith textual corpus, and secondly, in terms of their depth of interpretation, and here we mentioned Qur’an and hadith examples that illustrate the processes by which mujtahid Imams join between multiple texts, and give precedence when there is ostensive conflict. Our concrete examples of ijtihad enabled us in turn to understand to whom the Imams addressed their famous remarks not to follow their positions without knowing the proofs. They addressed them to the first rank scholars they had trained and who were capable of grasping and evaluating the issues involved in these particular proofs.

We then saw that the Imams were also mujtahids in the matter of judging hadiths to be sahih or otherwise, and noted that, just as it is unlawful for a mujtahid Imam to do taqlid or “follow another mujtahid without knowing his evidence” in a question of fiqh, neither does he do so in the question of accepting particular hadiths. Finally, we noted that the differences in reliability ratings of hadiths among qualified scholars were parallel to the differences among scholars about the details of Islamic practice: a relatively small amount of difference in relation to the whole.

The main point of all of this is that while every Muslim can take the foundation of his Islam directly from the Qur’an and hadith; namely, the main beliefs and general ethical principles he has to follow—for the specific details of fiqh of Islamic practice, knowing a Qur’anic verse or hadith may be worlds apart from knowing the shari‘a ruling, unless one is a qualified mujtahid or is citing one.

As for would-be mujtahids who know some Arabic and are armed with books of hadith, they are like the would-be doctor we mentioned earlier: if his only qualification were that he could read English and owned some medical books, we would certainly object to his practicing medicine, even if it were no more than operating on someone’s little finger. So what should be said of someone who knows only Arabic and has some books of hadith, and wants to operate on your akhira?

To understand why Muslims follow madhhabs, we have to go beyond simplistic slogans about “the divinely-protected versus the non-divinely-protected,” and appreciate the Imams of fiqh who have operationalized the Qur’an and sunna to apply in our lives as shari‘a, and we must ask ourselves if we really “hear and obey” when Allah tells us

“Ask those who know if you know not” (Qur’an 16:43).

© Nuh Keller