Imam al Baqir as a Jurisprudent

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Imam al Baqir as a Jurisprudent

 

The era of Imam al Baqir rahimahu Llah was a time in which knowledge was widespread and manifest. There were many Tabi’in[1] who transmitted this knowledge from the Sahabah radiya Llahu ‘anhum of the Prophet salla Llahu ‘alayhi wa sallam. Thus, they compiled it, practiced upon it, and taught it to the people. Therefore, the esteemed leaders in knowledge, to whose favour and grace history bore witness, were among the teachers of Imam al Baqir rahimahu Llah. Amongst them were:

 

• Sa’id ibn al Musayyab rahimahu Llah, about whom Sulaiman ibn Musa said, “Sa’id ibn al Musayyab rahimahu Llah was the greatest jurisprudent amongst the Tabi’in.”[2]
• ‘Ata’ ibn Abi Rabah rahimahu Llah, about whom Imam al Baqir rahimahu Llah himself has said, and the people attest to this, “You should go to ‘Ata’. Indeed, by Allah, he is better for you than me.”[3]
• ‘Abdullah ibn Dhakwan rahimahu Llah. ‘Ali ibn al Madini said about him, “There was no one in Madinah, after the senior Tabi’in, more knowledgeable than Ibn Shihab, Yahya ibn Sa’id al Ansari, Abu al Zinad ‘Abdullah ibn Dhakwan, and Bukayr ibn ‘Abdullah ibn al Ashajj.”[4]
• ‘Alqamah ibn Qais rahimahu Llah, whose understanding reached such an extent that some of the Sahabah radiya Llahu ‘anhum of the Prophet salla Llahu ‘alayhi wa sallam and many besides them would ask him and seek rulings from him.[5]

 

In this chapter, I will present a few points that I was able to compile from the jurisprudence of Imam al Baqir rahimahu Llah.

 

Rulings relating to Taharah

 

1. Imam al Baqir rahimahu Llah opines that it is sufficient to wipe only the foremost portion of the head in wudu’ (ablution). This is also the opinion of Imam al Shafi’i, Imam Abu Hanifah, Imam Ahmad, Zaid ibn ‘Ali rahimahu Llah, and others. Many scholars have also stated that it is preferred to wipe the entire head. Imam Malik rahimahu Llah, al Muzani, al Jubba’i and others have opined that it is necessary to do so.[6]

 

2. Imam al Baqir rahimahu Llah has preferred the opinion of vomit not being a means of nullification of ablution. This is also the opinion of Imam al Shafi’i and Imam al Sadiq rahimahu Llah. Imam Abu Hanifah rahimahu Llah prefers the opposite of this opinion, and has restricted it to the following conditions:

• • It should be from the stomach.
  • It should be a mouthful.
  • It should be in one go.[7]

 

3. Imam al Baqir rahimahu Llah has also preferred the opinion of nose bleeds not being a means of nullification of wudu’. This is also the view of Imam al Shafi’i and Imam al Sadiq rahimahu Llah. This is also the opinion of Sayyidina Ibn ‘Abbas and Sayyidina Abu Hurairah radiya Llahu ‘anhuma from the Sahabah radiya Llahu ‘anhum, and Sayyidina Sa’id ibn al Musayyab rahimahu Llah from the Tabi’in. Imam Abu Hanifah rahimahu Llah, Imam Ahmad rahimahu Llah and others are of the opinion that it nullifies wudu’.

 

Rulings relating to Salah

Prayer is the backbone of the religion and it is the second pillar of the pillars of Islam. Its importance has reached such an extent that the Prophet salla Llahu ‘alayhi wa sallam has made it sign of a Believer, and has warned of a severe punishment for the one who abandons it. He made it the differentiating factor between a believer and a disbeliever. It has been narrated from the Prophet salla Llahu ‘alayhi wa sallam:

That which differentiates us from them (the disbelievers and hypocrites) is our performance of salah. He who abandons it, becomes a disbeliever.[8]

 

1. Imam al Baqir rahimahu Llah inclines towards the opinion that one barid[9] is the shortest distance which establishes permissibility to shorten the salah. He takes the following marfu’[10] narration of Sayyidina Abu Hurairah radiya Llahu ‘anhu as proof, “It is not lawful for a woman to travel one barid except that her mahram[11] is present with her.”[12] He says that it is permissible for one who travels one barid or more to shorten the salah.[13]

 

2. With regards to the matter of the resident following the traveller in salah, Imam al Baqir rahimahu Llah considers it permissible.

Al Hadi, al Qasim, Abu Talib, Abu al ‘Abbas, Tawus, Dawood, al Sha’bi, and the Imamiyyah disagree with him on this and say that it will be incorrect due to the words of the Prophet salla Llahu ‘alayhi wa sallam, “Do not differ from your leader (Imam).” The resident will differ from his traveller Imam, in number and intention, [if he follows the latter in prayer], according to them.

Zaid ibn ‘Ali, al Mu’ayyad bi Allah, Ahmad ibn ‘Ῑsa, the Shafi’iyyah, and Hanafiyyah incline towards the opinion of its validity as long as one does not separate from the guide of his group; and this is the preferred view. The narration that Imam Ahmad ibn Hambal recorded in his Musnad indicates towards its general permissibility:

Ibn ‘Abbas radiya Llahu ‘anhu was asked, “What is the matter of the traveller, that he performs two cycles of prayer when he is alone, and four when he follows a resident [in prayer]?”

He said, “That is the Sunnah.”

In another narration it is mentioned:

Musa ibn Salamah said to him, “Why is it that when we are with you, we perform four cycles of prayer and when we return, we perform two cycles of prayer?”

He said, “That is the Sunnah of Abu al Qasim salla Llahu ‘alayhi wa sallam.”

Ibn Hajar rahimahu Llah has narrated this narration in al Talkhis and did comment about it, only mentioning that it is sourced from Sahih Muslim and Sunan al Nasa’i with the following wording:

I said to Ibn ‘Abbas radiya Llahu ‘anhu, “When I am in Makkah, how should I establish the prayer without the Imam?”

He said, “Two cycles of prayer; in accordance to the Sunnah of Abu al Qasim salla Llahu ‘alayhi wa sallam.”[14]

 

3. With regards to reciting Durud Ibrahim[15] in prayer, Imam al Baqir rahimahu Llah has agreed with those who opine that it is necessary; amongst them are the Leader of the Believers, ‘Umar ibn al Khattab, ‘Abdullah ibn ‘Umar, ‘Abdullah ibn Mas’ud, Jabir ibn Zaid, al Sha’bi, Muhammad ibn Ka’b al Qurazi, al Qasim, al Shafi’i, and Ibn Hambal radiya Llahu ‘anhum.[16]

 

4. Whether the traveller will perform the Friday Prayer or not, Imam al Baqir rahimahu Llah and his brother, Imam Zaid ibn ‘Ali, opine that it is not necessary for the traveller to perform the Friday prayer even if he comes when it is being established. They take the narration of Sayyidina Jabir radiya Llahu ‘anhu as proof:

It is necessary for whoever believes in Allah subhanahu wa ta ‘ala and the final day to perform the Friday prayer, except a woman, traveller, bondsman or ill person.

Al Hadi, al Qasim, Abu al ‘Abbas, al Zuhri, and al Nakh’i say that the Friday prayer will be necessary upon the traveller when he halts at the time of its establishment, not when he is travelling. The point of dispute is whether the term ‘traveller’ will apply to one who halts or one who travels.[17]

 

Rulings relating to Ramadan

1. Imam al Baqir rahimahu Llah was asked about the ruling of a man about whom others testify that he broke three fasts during the month of Ramadan. He said:

He should be asked, “Are you sinful for breaking a fast of Ramadan?” If he says, “No,” then it is necessary for the Imam to kill him, and if he says, “Yes,” then it is necessary that the Imam gives him a severe beating.[18][19]

 

2. Imam al Baqir rahimahu Llah opines that one who eats or drinks accidentally is not sinful and that he should complete his fast. This is also the opinion of majority of the scholars. This opinion of his stems from his knowledge of the following words of the Prophet salla Llahu ‘alayhi wa sallam:

Whoever forgets that he is fasting, and eats or drinks, should complete his fast for it is only Allah subhanahu wa ta ‘ala Who fed and satiated him.

And it is reported in Jami’ al Tirmidhi with the following words:

It is that sustenance which Allah subhanahu wa ta ‘ala has driven to him.[20]

 

Rulings relating to Zakat

1. Imam al Baqir rahimahu Llah opines that it is permissible to pay Zakat to unjust rulers and it will be valid. This is also the opinion of majority of the scholars. They have taken some sayings of Sayyidina Ibn ‘Umar, Sayyidina Abu Hurairah, and Sayyidina Abu Sa’id radiya Llahu ‘anhum as proof. Amongst them is the saying of ‘Abdullah ibn ‘Umar radiya Llahu ‘anhuma:

Give your zakat to those who Allah subhanahu wa ta ‘ala has made your leader; whoever is righteous, it will benefit him and whoever is sinful, it will be a burden upon him.

They also take this saying of Sayyidina Ibn ‘Umar radiya Llahu ‘anhuma as a proof:

Give it to them even if they drink wine.

Those who are not of this opinion take the following verse as a proof:

لَا يَنَالُ عَهْدِي الظَّالِمِيْنَ

My covenant does not include the wrongdoers.[21]

The answer given to them is that the generalness of this verse, despite it being correct for it to be taken as proof during a disagreement, will be specified due to the narrations that have been related with regards to this matter.[22]

 

Rulings relating to Divorce

1. Imam al Baqir rahimahu Llah opines that it is necessary for one to have an intention for divorce to occur, therefore, the divorce of one who was joking will not occur. He takes the general purport of the narration, “Verily actions are based on intentions,” as proof. Imam Ahmad and Imam al Sadiq rahimahu Llah, agree with him on this. The scholars of the Shafi’i and Hanafi school of thought differ in this regard, and saying that this general purport is rendered specific by those narrations that indicate towards the establishment of divorce, and Allah subhanahu wa ta ‘ala knows best.[23]

 

2. Imam al Baqir rahimahu Llah opines that bid’i[24] divorce does not occur, and his son, al Sadiq rahimahu Llah, and Ibn Hazm agree with him on this matter; al Khattabi rahimahu Llah also relates the same opinion from the Khawarij and others besides them. Their opinion is contrary to the opinion of the majority of the scholars.[25] The majority of scholars take a few narrations as proofs; amongst them is the narration of Sayyidina ‘Abdullah ibn ‘Umar radiya Llahu ‘anhuma that Imam al Bukhari rahimahu Llah has reported:

‘Abdullah ibn ‘Umar radiya Llahu ‘anhuma divorced his wife whilst she was menstruating. ‘Umar radiya Llahu ‘anhu mentioned it to the Messenger of Allah salla Llahu ‘alayhi wa sallam, who was infuriated by it. He said, “He should take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to divorce her, he can divorce her whilst she is pure before having intercourse with her; and that is the prescribed period which Allah has fixed.”[26]

 

Rulings relating to Hudud (Punishments)

Imam al Baqir rahimahu Llah opines that the hand of a thief be cut if he steals three gold coins. This is a matter of difference amongst scholars. Some scholars say that [the amount stolen should be equivalent to] two silver coins, and it is reported in Musannaf Ibn Abi Shaybah with a strong chain of narrators that Sayyidina Abu Bakr al Siddiq radiya Llahu ‘anhu cut off the hands of a thief for stealing something that amounted to two silver coins. Other scholars say that the hands will be cut off when something worth three silver coins is stolen. Others say that the stolen item should be equivalent to four silver coins in value; and Ibn al Mundhir narrates this opinion from Sayyidina Abu Hurairah and Sayyidina Abu Sa’id radiya Llahu ‘anhuma. Other scholars, like Hasan al Basri and al Nakh’i rahimahu Llah and others besides them, opine that the stolen item should be equivalent to five silver coins in value.[27]

 

NEXT⇒ Words of Wisdom

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[1] Plural of Tabi’i. Literally means followers. Refers to those who met the Sahabah radiya Llahu ‘anhum of the Prophet salla Llahu ‘alayhi wa sallam in the state of faith and passed away upon faith.

[2] Tahdhib al Kamal, 11/71.

[3] Ibid., 20/77.

[4] Ibid., 14/479.

[5] Ibid., 20/306.

[6] Nayl al Awtar, 1/192.

[7] Nayl al Awtar, 1/235.

[8] Sunan al Tirmidhi, the Book of Faith, chapter about leaving prayer, # 2545.

[9] It is said that one barid is equal to two farsakh, others say that it is equal to four farsakh; and one farsakh is equal to three miles.

[10] Refers to a narration that goes back directly to the Messenger salla Llahu ‘alayhi wa sallam.

[11] A woman’s mahram is that man to whom marriage is unlawful for her.

[12] Imam Abu Dawood rahimahu Llah has narrated this in the Book of Hajj, chapter with regards to a woman performing Hajj without a mahram, # 1465.

[13] Subul al Salam, 2/39.

[14] Nayl al Awtar, 3/204.

[15] Imam al Bukhari rahimahu Llah narrates from Sayyidina Ka’b ibn ‘Ujrah radiya Llahu ‘anhu that he said:

“As regards salutation we have already learnt it. How should we invoke blessing?”

The Prophet salla Llahu ‘alayhi wa sallam said, “Say, ‘O Allah, bless Muhammad and Muhammad’s family as You have blessed Ibrahim and Ibrahim’s family. O Allah, grant favours to Muhammad and Muhammad’s family as You have granted favours to Ibrahim; You are indeed Praiseworthy and Glorious.’”

Sahih al Bukhari, the Book of Qur’anic Exegesis, chapter about the saying of Allah ‘Indeed Allah and His Angels send blessings upon the Prophet’.

[16] Nayl al Awtar, 2/320.

[17] Nayl al Awtar, 3/278.

[18] Al Muqanna’ah al Mufid, pg. 347.

[19] With regards to the opinion of Imam al Baqir rahimahu Llah to kill one who does not consider it a sin to break a fast of Ramadan, it is due to the fact that this will be apostasy from the Religion of Allah subhanahu wa ta ‘ala. Whoever considers something unlawful to be lawful will be treated as an apostate. As for one who acknowledges that it will be unlawful to do it, he is a sinner oppressing himself, and will be punished by the leader of the matters [of the Believers].

[20] Subul al Salam, 2/160, reported in Sahih al Bukhari and Sahih Muslim.

[21] Surah al Baqarah: 124.

[22] Nayl al Awtar, 4/220.

[23] Subul al Salam, 3/176.

[24] A bid’i divorce occurs when a man divorces his wife either when she is menstruating or during a clean period in which he has had intercourse with her.

[25] Nayl al Awtar, 7/4.

[26] Sahih al Bukhari, the Book of Qur’anic Exegesis, chapter about ‘Mujahid says, “If you doubt”’, # 4528.

[27] Nayl al Awtar, 7/174.