Da'eef (weak) hadeeths, Dought & clear, - * Isnaad of the hadeeth, “Whatever Allaah has permitted in His Book is halaal” and the ruling thereon

My question is about a hadeeth – "Whatever Allaah has permitted in His
Book is halaal, whatever He has forbidden is haraam, and whatever He
was silent about is pardoned, so accept the pardon of Allaah, for
Allaah was not forgetful. Then he recited this verse: 'and your Lord
is never forgetful' [Maryam 19:64]." This hadeeth was classed as
saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in
al-Silsilah al-Saheehah (5/325), and classed as hasan on p. 14 of
Ghaayat al-Maraam.
But according to the website al-Durar al-Sunniyyah many things were
said about this hadeeth, such as: its isnaad is very weak (da'eef
jiddan) although its meaning is sound; its isnaad is good; its isnaad
is saheeh; it is saheeh mawqoof and may be regarded as hasan because
of corroborating marfoo' reports; its isnaad includes Sayf ibn Haroon
al-Barjami who was classed as da'eef by a number of scholars, but Abu
Na'eem classed him as thiqah (trustworthy); it is da'eef.
Shaykh Abu Ishaaq al-Huwayni said in his website that it is da'eef
(weak). What is your opinion about this hadeeth? Is it valid for us to
quote it as evidence?
Should we ignore the ahaadeeth concerning which the scholars' opinions
differed?.
-
Praise be to Allaah.
Firstly: This hadeeth was narrated in similar versions from a number
of the Sahaabah (may Allaah be pleased with them), as follows:
1 – It was narrated from Abu'l-Darda' (may Allaah be pleased with him)
in a marfoo' report: "Whatever Allaah has permitted in His Book is
halaal, whatever He has forbidden is haraam, and whatever He was
silent about is pardoned, so accept the pardon of Allaah, for Allaah
was not forgetful. Then he recited this verse:'and your Lord is never
forgetful' [Maryam 19:64]."
Narrated by al-Daaraqutni in hisSunan(2/137); al-Haakim
inal-Mustadrak(2/406 and 10/12); al-Tabaraani inMusnad
al-Shaamiyeen(3/209) through a number of isnaads from 'Aasim ibn Raja'
ibn Haywah from his father from Abu'l-Darda' from the Prophet (peace
and blessings of Allaah be upon him).
This isnaad is munqati' (interrupted), as there is a clear gap between
Raja' ibn Haywah and Abu'l-Darda', as Raja' died in 112 AH and
Abu'l-Darda' died in 32 AH.
Ibn Hajar said in his biography of Raja' ibn Haywah inTahdheeb
al-Tahdheeb(3/229): His reports from Abu'l-Darda' are mursal. End
quote.
Al-Dhahabi (may Allaah have mercy on him) said concerning this
hadeeth: Its isnaad is munqati'. End quote.
Al-Muhadhdhab fi Ikhtisaar al-Sunan al-Kubraby al-Bayhaqi (8/3975).
Al-Mu'allimi (may Allaah have mercy on him) said likewise
inal-Anwaaral-Kaashifah(301).
2 – It was narrated from Salmaan al-Faarisi in the words: "The
Messenger of Allaah (peace and blessings of Allaah be upon him) was
asked about ghee, cheese and wild donkeys. He said: 'The halaal is
that which Allaah has permitted in His Book and the haraam is that
which Allaah has forbidden in His Book, and whatever He was silent
about is pardoned.'"
Narrated by al-Tirmidhi (1726); Ibn Maajah (3367); al-Haakim
inal-Mustadrak(4/129); and from him by al-Bayhaqi inal-Kubra(9/320 and
10/12). It was narrated by al-Tabaraani inal-Kabeer(6/250) via Sayf
ibn Haroon al-Barjami from Sulaymaan al-Taymi from Abu 'Uthmaan from
Salmaan.
Al-Mazzi said inTahdheeb al-Kamaal(8/255): Its isnaad includes Sayf
ibn Haroon. Ibn Ma'een said: That is not the case. Al-Nasaa'i said: He
is da'eef (weak). Al-Daaraqutni said: He is da'eef matrook (weak,
rejected). End quote.
Al-Tirmidhi said: This is a ghareeb hadeeth which we do not know in
any marfoo' report except via this isnaad. Sufyaan and others narrated
these words from Sulaymaan al-Taymi from Abu 'Uthmaan from Salmaan. It
is as if the mawqoof hadeeth is more sound. I asked al-Bukhaari about
this hadeeth and he said: I do not think it is known. Sufyaan narrated
from Sulaymaan al-Taymi from Abu 'Uthmaan from Salmaan in a mawqoof
report. Al-Bukhaari said: Sayf ibn Haroon is muqaarib al-hadeeth. End
quote.
Ibn Abi Haatim said in'Ilal al-Hadeeth(2/10):
My father said: This is a mistake. It was narrated by trustworthy
narrators from al-Taymi from Abu 'Uthmaan from the Prophet (peace and
blessings of Allaah be upon him) in a mursal report which does not
include Sulaymaan, and this is what is correct. End quote.
Ahmad said: It is munkar, and it was also classed as munkar by Ibn Ma'een.
This was quoted by Ibn Rajab inJaami' al-'Uloom wa'l-Hukam(2/69).
Shaykh al-Albaani said inal-Ta'leeqaat al-Radiyyah(3/54):
Its isnaad is very weak (da'eef jiddan), but its meaning is sound. End quote.
3 – It was narrated from Abu Tha'labah al-Khushani (may Allaah be
pleased with him) that the Messenger of Allaah (peace and blessings of
Allaah be upon him) said: "Allaah has enjoined obligations so do not
neglect them, and He has set limits so do not transgress them, and He
has declared some things forbidden so do not violate them, and He has
remained silent about some things out of mercy to you, not because He
forgot, so do not ask about them."
Narrated by a number of scholars, all via Dawood ibn Abi Hind from
Mak-hool from Abu Tha'labah.
They differed concerning Dawood ibn Abi Hind.
Hafs ibn Ghiyaath narrated it in a mawqoof report as noted by
al-Bayhaqi (10/12); Yazeed ibn Haroon agreed with him as was mentioned
by al-Daaraqutni inal-'Ilal(6/324).
It was also narrated by 'Ali ibn Mas-har in a marfoo' report as
recorded by al-Bayhaqi inal-Kubra(10/12); and by Ishaaq al-Azraq as
noted by al-Daaraqutni (4/184); and by Muhammad ibn Fudayl as noted by
al-Daaraqutni inal-'Ilal(6/324).
Ibn Rajab said inJaami' al-'Uloom wa'l-Hakam(2/68):
It has two faults:
1 – There is no proof that Mak-hool heard from Abu Tha'labah, This was
stated by Abu Shahr al-Dimashqi, Abu Na'eem al-Haafiz and others.
2 – There is a difference of opinion concerning his marfoo' and
mawqoof reports from Abu Tha'labah. Some of them narrated it from
Mak-hool from his words, but al-Daaraqutni said inal-'Ilal(6/324):
What is more likely to be correct is that they are marfoo'. He said:
And this is more well known. End quote.
Ibn Hajar said: Its men are thiqaat (trustworthy) but it is munqati'
(interrupted). End quote.Al-Mataalib al-'Aaliyah(3/271).
Al-Dhahabi said: Munqati' (interrupted).Al-Muhadhdhab(8/3976).
Al-Albaani said: There is some interruption in its isnaad. End
quote.Tahqeeq Riyadh al-Saaliheen(1841).
Conclusion: The isnaads of this hadeeth are not free of weakness, but
can it be regarded as strong when they are taken all together?
Some of the scholars were of this view. Al-Nawawi classed as hasan the
hadeeth of Abu Tha'labah, as it says inal-Adhkaar(505). It was classed
as saheeh by Ibn al-Qayyim inI'laam al-Muwaqqi'een(1/221) and by Ibn
Katheer in hisTafseer(1/405). Al-Albaani said inTahqeeq al-Eemaan li
Ibn Taymiyah(43): It is hasan because of corroborating reports.
Al-Albaani classed as hasan the hadeeth of Salmaan al-Faarisi inSaheeh
al-Tirmidhi(1726). Inal-Mishkaat(4156) it says: It is saheeh mawqoof,
but it may be classed as hasan because of marfoo' corroborating
reports.
But others are of the view that the severe weakness in the isnaads of
this hadeeth means that it cannot be regarded as strong when all its
isnaads are taken together. The hadeeth of Abu'l-Darda' is plainly
munqati' (interrupted), the hadeeth of Salmaan al-Faarisi is munkar
and it is a mistake to regard it as marfoo' (attributable to the
Prophet (peace and blessings of Allaah be upon him)), and the hadeeth
of Abu Tha'labah is munqati' and there is some dispute as to whether
it is marfoo'.
This report from Ibn 'Abbaas (may Allaah be pleased with him) is
saheeh, but it is his words (not the Prophet's). This was narrated by
Abu Dawood (2800).
Ibn Katheer said inIrshaad al-Faqeeh(1/367): its isnaad is saheeh.
It was classed as saheeh by al-Albaani inSaheeh Abi DawoodandMishkaat
al-Masaabeeh(4074).
The general meaning of the hadeeth is also established in the basic
principles of Islam, and is quoted and accepted by the scholars.
Ibn al-'Arabi said in'Aaridat al-Ahwadhi(4/185): The meaning of this
hadeeth is proven inal-Saheeh. End quote.
Abu Bakr ibn al-Sam'aani said: This hadeeth is one of the basic
principles of Islam. It was narrated from some of them that he said:
There is no single hadeeth of the Messenger of Allaah (peace and
blessings of Allaah be upon him) which sums up all the basic
principles of Islam apart from the hadeeth of Abu Tha'labah. End
quote.
Jaami' al-'Uloom wa'l-Hikam(2/70).
For more information on the meaning of the hadeeth and commentary on
it, see Ibn Rajab's commentary on this hadeeth inJaami' al-'Uloom
wa'l-Hikam, commentary on hadeeth no. 30 (2/68-87).
Secondly:
It should be noted that when the scholars rule that a specific hadeeth
is sound or weak, that may refer to a specific isnaad, and does not
refer to the hadeeth with all its isnaads. For example, a scholar may
judge one of the isnaads to be weak, then elsewhere he may judge
another isnaad of the same hadeeth to be sound. This is not a
contradiction, rather it is based on a difference in the isnaads in
question. This is what happened in the case of Shaykh al-Albaani when
he spoke about the hadeeth under discussion here; he classed it as
saheeh when reported from Abu'l-Darda', and he classed its isnaad as
da'eef in the reports of Salmaan al-Faarisi, but he classed it as
hasan because of corroborating reports, so it is hasan li ghayrihi in
his view. That is not a contradiction; rather it is in accordance with
the principles of the science of hadeeth.
The Muslim has to follow the truth as it appears to him after
researching and striving to find out what is correct (ijtihaad). If he
is not able to engage in ijtihaad, then it is sufficient for him to
follow well known scholars whose knowledge he trusts and who are
trustworthy, and he should not pay any attention to anyone else. This
includes matters of hadeeth and fiqh.
And Allaah knows best.