II)
FASTING (AL-SAWM):
The main point of difference on
this subject is on the major ritual purity in relation to
fasting. Ibadhis held that major ritual purity is necessary for
fasting as it is for praying. Their attitude is base don the
Traditions reported from both Abu Hurairah and al-Fadl b. Abbas
that the Prophet said, "Whosoever gets up in the morning in the
state of major ritual impurity has broken his fasting."140
Ibadhis reported that their predecessors in this attitude were
Abu Hurairah, Tawus, Urwah b. al-Zubair, and Ibrahim al-Nakha'i.
All other Islamic schools held that avoidance of major ritual
impurity is not necessary in the case of fasting, and to neglect
it until morning does not affect the fasting. Their attitude is
based on Traditions reported from A'ishah and Umm Salamah, that
the Prophet got up in the morning in a state of major ritual
impurity caused by sexual intercourse and not by a dream, and he
fasted.141 Accordingly, they held that the neglect of the
performance of major ritual ablution during Ramadhan up to
midday prayer (zuhr) does not affect fasting, for it is
necessary only for prayers and not for fasting.
Ibadhis argued in support of
their view that the sayings of the Prophet overruled his
actions. With regard to the traditions reported from A’ishah
and Umm Salamah concerning his action in this case, it is
possible that it was a special act for the Prophet, or he had
forgotten, or been asleep. But the traditions reported from
him, through Abu Hurairah and al-Fadl b. Abbas, show a clear
decision and do not leave room for any specualtion.142
Another point which
distinguishes the Ibadhi school in the matter of fasting is the
effect of moral (manawi) sins on fasting. They held that all
grave sins cause breaking of the fast. This view is derived by
analogical reasoning based on the tradition of the Prophet that
slander (ghaibah) breaks both fasting and minor ritual ablution
(wudu).143 Accordingly, telling lies, calumny (namimah),
perjury and similar sins break the fast.144
Another point may be added here
as a point of difference between the Ibadhis and other Islamic
schools. It concerns the discharge (qada) of days not fasted
from the previous Ramadhan. Ibadhis held that compensatory
fasting days to discharge those not fasted in Ramadhan should be
kept successively. The other Islamic schools held that
succeeding days are not obligatory in such a case, and the
person should fast the requite number of days regardless of
whether he fasts them in succession or not.145
With regard
to Zakat there are two points:
ii)
Ibadhis treated cattle in
the same way as camels. The minimum (nisab) for zakat in cattle
is as for camels;146 on five cows, one sheep; on ten, two sheep;
on fifteen, three sheep; on thirty six, one cow of two to three
years (thaniyah); on forty six, one cow five years old (rubaiyah);
on sixty one, one cow six years old, etc.... As for the Sunni
schools, they held that the minimum (nisab) for cattle is: On
thirty cows, a year old calf, on forty, one two year old cow,
etc.... The latter opinion is based on a number of Traditions
reported from the Prophet concerning the minimum (nisab) of
zakat of cattle.147 Abu Ghanim asked Abu al-Mu’arrij about the
Tradition of Muadh reported by Sunni authorities in support of
their views. His answer was, "The opinion of our authorities
from whom we learned and on whom we depend is that the Sunnah in
the zakat of cattle is like the Sunnah in the zakat of camels,
what is taken on camels is to be taken on cattle, and what is
done in the case of camels is to be done in the case of
cattle... As for the Tradition of Muadh, God knows best about
it. If we knew that it was right we would adopt it, but our
companions, Jabir b. Zaid and Abu Ubaidah, did not take what you
have mentioned into account, and they head of it."148
Jitali, attempting to explain
the reason for the difference and the Ibadhi proof for their
attitude, said, "They (the Ibadhi authorities) adopt this
attitude either by analogical reasoning, or on the basis of some
traditions unknown to us."149 However, certain Sunni
collections of Hadith reported Traditions which seem to be the
basis of the (Ibadhi) opinion.150
ii)
The second point is
concerned with the conduct of the person to whom zakat should be
given. The Ibadhis stipulate that the person should be in the
state of (walayah). Accordingly, zakat must be given only to (awliya);
if there are no poor people among these it must be given to the
poor members of the Ibadhi community, even if they are not in
the state of walayah. But if these also are not available,
Ibadhis are then allowed to give their zakat to the weak poor
non-Ibadhi Muslims who could do no harm to the Ibadhis.151
II)
MARRIAGE
The point of difference here is
about the case of the two parties guilty of unlawful
intercourse. Ibadhis held that such a relation constitutes a
permanent impediment to marriage between the two guilty
parties. According to Ibn Khalfun, this doctrine is one of
those which is agreed upon by al Ibadhi authorities. Their
predecessors (salaf) in this attitude are the Companions;
Abdullah b. Mas’ud, A’ishah, al-Bara b. Azib, Ali b. Talib, Abu
Hurairah, and Jabir b. Abdullah. The two scholars of Basrah,
al-Hassan b. Abi al-Hassan and Muhammad b. Sirin held the same
view.152 This attitude was also maintained by the 'Twelve"
Shites.153 Other Sunni schools held it lawful for the two
parties guilty of unlawful sexual intercourse to marry each
other, some with the condition that they repent and lead an
upright life others unconditionally.
In his treatise, Ibn Khalfun
presented a detailed account of the question and the arguments
of all parties.154 |
