Entertainment (malahi): the duff and singing

These two sheets of the fiqh encyclopedia, from the chapter on entertainments (malahi), deal with the frame drum (duff) and singing without forbidden instruments. The first establishes that beating the duff at weddings is agreed upon by all four schools, with divergence over other occasions. The second shows that the majority of jurists hold such singing to be disliked, between the unlawful and full permission, with detailed rules regarding the testimony of singers.

The third category: the permitted, which is beating the duff

The jurists of the four schools agreed on the permissibility of beating the duff at weddings and marriage, based on what Khalid ibn Dhakwan reported from Rubayyi bint Muawwidh ibn Afra:

The Prophet (peace and blessings of Allah be upon him) entered upon me on the day my marriage was concluded and sat on my couch as you are sitting before me, while young girls in our presence beat the duff and lamented our fathers killed on the day of Badr. One of them then said: "and among us there is a Prophet who knows what will happen tomorrow", and he said: "leave this one and say what you were saying".Reported by al-Bukhari (4852).

Aisha also reported that the Prophet said:

Announce this marriage and beat the gharbal (the sieve) over it.Weak hadith, reported by Ibn Majah (1895).

That is, with the duff. The Messenger of Allah also said:

What separates the lawful from the unlawful is the duff and the voice at weddings.Hasan hadith, reported by al-Nasa'i (3369), Ibn Majah (1896) and Ahmad (15489).

The scholars then differed: is the duff permitted outside of marriage, at celebrations, on Eid or upon the return of a traveller, or not? The Hanafis, the Shafi'is according to the sounder view, and the Hanbalis according to the madhhab (a view opposite to the sounder one among the Malikis) hold that beating the duff is permitted at weddings, circumcision, the return of a traveller, Eid and every occasion of joy.

When the Prophet (peace be upon him) returned from one of his campaigns, a black girl came to him and said: "Messenger of Allah, I vowed to beat the duff over your head if Allah brings you back safe and sound". The Messenger of Allah said: "if you made the vow, then do it, otherwise not". She said: "I had made the vow", and the Messenger of Allah sat down and she beat the duff.Sahih hadith, reported by Abu Dawud (3312), Ahmad (23061) and Ibn Hibban in his Sahih (4386).

Had it been disliked, the Prophet would not have ordered her to do it, even though it was a vow.

Conversely, the Malikis according to the sounder view, the Shafi'is according to the opposite view, and the Hanbalis according to another opinion hold it disliked outside of weddings, such as circumcision and childbirth: it is reported that Umar (may Allah be pleased with him), upon hearing the sound of the duff, would send someone to look; if it was at a feast he stayed silent, otherwise he struck with the stick (dirra).

This concerns women. As for men beating the duff, it is disliked in all cases according to the Hanbalis and the followers of Asbagh among the Malikis, and is one opinion among the Shafi'is: indeed, only women and effeminate men resembling them used to beat the duff, so men who play it imitate women, whereas the Prophet cursed men who imitate women.

According to the Malikis and the majority of the Shafi'is, it is not permitted for men to beat the duff.

Sources: "Sharh Mukhtasar Khalil" (3/304), "Hashiyat al-Adawi" (2/597), "al-Fawakih al-Dawani" (2/313), "Hashiyat al-Sawi" (5/216), "al-Bayan" (13/296, 297), "al-Najm al-Wahhaj" (10/303, 304), "Mughni al-Muhtaj" (6/375), "al-Mughni" (10/174), "al-Inshaf" (8/342), "al-Muhit al-Burhani" (9/173) and "al-Bahr al-Ra'iq" (8/215, 236).

The ruling on singing without forbidden instruments

The jurists differed over the ruling on singing without forbidden instruments: is it permitted or disliked? This after agreeing that singing accompanied by a forbidden instrument, such as the tunbur, the mizmar or the oud, is unlawful, except for one opinion among the Shafi'is that holds it disliked. The majority of jurists, namely the Hanafis, the Malikis, the Shafi'is and the Hanbalis according to the madhhab, consider singing without forbidden instruments to be disliked: neither unlawful nor fully permitted.

According to the Hanafis, the testimony of one who sings for people is rejected, because he gathers people upon a major sin. If the singing serves only to dispel his own loneliness, without others hearing it, two opinions exist: one forbids it; the other, which is the sound one, permits it to dispel loneliness.

It is reported that Abd al-Rahman ibn Awf came to the house of Umar (may Allah be pleased with him) and heard him humming inside. He called him, and Umar came out to him embarrassed and said: "did you hear me, Abd al-Rahman?" He said: "yes". Umar said: "when we are alone we say what people say. Do you know what I was saying?" He said: "no". Umar said: "I was saying: nothing remains of the nobility of the heights but exposure to the war cries; so I shall thrust with my spear between the spears and the swords".

Among the scholars, some permit singing at a wedding or a feast, others for deriving the meter of rhymes and eloquence of tongue; some dislike it absolutely, others permit it absolutely. The testimony of a female singer, however, is never accepted, even for herself, because she commits an unlawful act through the prohibition of raising her voice, especially in singing, according to the Prophet's words:

I have been forbidden two foolish and sinful voices: a voice at the time of amusement and play, the flutes of Satan, and a voice at the time of calamity, with slaps on faces and the tearing of pockets.Hasan hadith, reported by al-Tirmidhi (1005), al-Tahawi in "Sharh Ma'ani al-Athar" (4/293) and al-Hakim in "al-Mustadrak" (6825).

Burhan al-Din Ibn Maza (may Allah have mercy on him) said: some hold that one who sings to master the meter of rhymes and become eloquent in tongue incurs no blame, and others that one who sings alone to dispel his own loneliness incurs no blame; al-Sarakhsi, the Sun of the Imams, followed the latter view. What is disliked in the view of these holders is what amounts to mere amusement.

Shaykh al-Islam mentions that all of this is disliked according to our scholars, arguing by the word of Allah: "And among the people is he who purchases distracting talk" (Surah al-Ahzab, 6), whose tafsir explains that the intended meaning is singing. The hadith of al-Bara ibn Malik is interpreted as meaning that he used to recite lawful poetry, that is, poetry containing exhortation and wisdom, for the word "singing" applies to things other than known singing as well, as the Prophet said: "Whoever does not sing the Quran is not of us".

We say: reciting lawful poetry incurs no blame. If the poetry describes a specific woman while she is alive, that is disliked; if she is dead, it is not; and if it is a beautiful woman without naming a specific one, it is not disliked either. This statement is from "Sharh al-Siyar al-Kabir".

In "Fatawa Ahl Samarqand", listening to the sounds of entertainments, such as beating the reed stick and the like, is unlawful. It has been said: "listening to entertainments is disobedience, sitting with them is iniquity, and taking pleasure in them is disbelief"; this statement is phrased with exaggeration because of the greatness of the sin. The authors add: except if someone hears them against his will, he is excused; and it is obligatory upon everyone to strive not to listen. Sources: "al-Muhit al-Burhani" (5/233), "Tabyin al-Haqa'iq" (4/222), "al-Jawhara al-Nayyira" (6/161, 163), "al-Lubab" (2/456), "Mukhtasar al-Wiqaya" (2/278) and "Hashiyat Ibn Abidin" (7/155).

According to the Malikis, singing without an instrument is disliked, but it does not disqualify from testimony on a single occurrence: repetition is required. In "al-Mudawwana", the testimony of the male singer, the female singer, the professional male wailer and the professional female wailer is rejected when they are known for that.

Al-Maziri said: as for singing with an instrument, if it is a stringed instrument such as the oud or the tunbur, it is forbidden; the same applies to the mizmar.

Al-Hattab said: the apparent position among some scholars is that it ranks with the forbidden things, even though Muhammad spoke absolutely of listening to the oud as disliked, perhaps intending prohibition thereby.

Muhammad ibn Abd al-Hakam stated explicitly that listening to the oud disqualifies from testimony, except if it takes place at a wedding or a feast where no intoxicating wine is served: testimony is then accepted, although it remains disliked in all cases, the dislike possibly meaning prohibition. Ibn Arafa likewise transmitted this statement. Source: "Mawahib al-Jalil" (8/136).

Al-Dardir (may Allah have mercy on him) said: repeatedly listening to prolonged voice-only singing, out of disregard for manliness, is disliked as long as it contains nothing obscene, nothing obscene is attributed to it, and it involves no instrument; otherwise it becomes unlawful.

Al-Dasuqi (may Allah have mercy on him) comments: "nothing obscene" means no obscene speech; "nothing is attributed to it" means nothing obscene is attributed to it, such as attachment to a woman or to a beardless youth; "no instrument" means no oud or qanun. "Otherwise it becomes unlawful" means that if one of the three conditions is missing, both the act and the listening become unlawful, even at a wedding according to the relied-upon view. As for disqualification from testimony, whether it applies after a single occurrence within the year (as in "al-Lata'if") or requires repetition during the year, as indicated by al-Mawwaq, which is the relied-upon view contrary to what is in "al-Ibq", our shaykh al-Adawi established it.

The gist of "al-Ibq" is that singing attributed to an unlawful attachment, such as to a woman or a beardless youth, is unlawful in deed and in listening, repeated or not, with or without an instrument, at weddings and celebrations such as childbirth, circumcision, return from travel or the conclusion of a marriage, or outside of these. When it is not attributed to an unlawful thing, it is permitted at weddings and celebrations, with or without an instrument, in deed and in listening, repeated or not; outside of weddings and celebrations it is prevented if repeated, in deed and in listening, with or without an instrument, and if not repeated its listening is disliked while the deed is prevented or not according to a divergence.

But the relied-upon view, as our shaykh said, is that as soon as singing involves obscene speech, or can be attributed to obscenity, or involves an instrument, it is unlawful, at weddings, celebrations or otherwise, repeated or not, in deed or in listening. If it involves nothing obscene, nothing is attributed to it and it involves no instrument, the dislike applies at weddings and celebrations as elsewhere, repeated or not, in deed or in listening; and testimony is rejected for repetition within the year, with or without an instrument, according to the view of al-Mawwaq.

In the "Bunn", from Ibn Arafa, Ibn Abd al-Hakam said: listening to the oud constitutes an impairment (of testimony), except if it takes place at a feast without drink: testimony is then not impaired, although it remains disliked in all cases. This statement is weak according to our shaykh. Sources: "Hashiyat al-Dasuqi ala al-Sharh al-Kabir" (6/63) and "al-Taj wa-l-Iklil" (5/109).

According to the Shafi'is, singing is disliked when it is done without an instrument of forbidden entertainment; it consists of raising the voice with poetry, by the word of Allah: "And among the people is he who purchases distracting talk to lead away from the path of Allah" (Surah al-Ahzab, 6), about which Ibn Mas'ud said: "by Allah, it is singing". Listening to it is likewise disliked. With an instrument, both singing and listening are unlawful; listening from an unrelated woman is even more disliked, and if temptation is feared from its listening or from a beardless youth, it is categorically unlawful.

Imam al-Imrani (may Allah have mercy on him) said: as for singing, that is, chanting to melodies, if no musical instrument accompanies it, it is disliked according to us: neither unlawful nor fully permitted.

Al-Shafi'i said: "it is disliked, for it resembles falsehood". Malik and Abu Hanifa said the same.

Sa'id ibn Ibrahim al-Zuhri and Ubayd Allah ibn al-Husayn al-Anbari deemed singing permitted, based on the report of Aisha (may Allah be pleased with her): Abu Bakr entered upon me while two girls were singing, and he said: "the flutes of Satan (in another version: the mizmar of Satan) in the house of the Messenger of Allah?", and the Prophet said: "leave them, for these are the days of Eid". Were it not permitted, the Prophet would not have let them continue.

Abu Bakr entered upon me while two girls were singing, and he said: "the instrument of Satan in the house of the Messenger of Allah?" The Prophet (peace be upon him) said: "leave them, for these are the days of Eid".Reported by al-Bukhari (907, 2750) and Muslim (892).

Umar (may Allah be pleased with him) said: "singing is part of the traveller's provision". And Uthman had two singing girls with him: at the time before dawn, he said to them: "stop, for this is the time of seeking forgiveness".

The defenders of prohibition argue by the word of Allah:

"Avoid the uncleanness of idols, and avoid false speech"

Surah al-Hajj, 30

Muhammad ibn al-Hanafiyya said about it: "it is singing". And about His word concerning those who purchase distracting talk to lead away from the path of Allah, Ibn Mas'ud said: "lahw al-hadith is singing", and Ibn Abbas said: "it is singing and the like, as well as the purchase of female singers and entertainments".

Ibn Mas'ud reported that the Prophet said:

Singing makes hypocrisy grow in the heart as water makes herbage grow.Weak hadith, reported by Abu Dawud (4927) and al-Bayhaqi in "al-Sunan al-Kubra" (20796).

Abu Umamah al-Bahili reported that the Prophet forbade selling female singers and buying them: their price is unlawful. Consensus thus settled that their price does not become unlawful, and the least that can be said of these reports is that they imply dislike.

It is also reported that a man asked Ibn Abbas about singing: "is it lawful?" He said: "no". "Is it unlawful?" He said: "no". "What is it then?" He said: "on the Day of Resurrection, when Allah gathers truth and falsehood, will singing be with the truth?" He said: "no". "If it is not with the truth, it will be with falsehood?" He said: "no". "You have given the ruling on yourself". This answer clearly shows that singing is not fully permitted.

As for the reports cited to establish its permission, they do not indicate that it is fully permitted, as we have shown; they rather indicate that it is not unlawful, and they are interpreted as referring to the poetic chanting of the Bedouins, not to melodic singing that stirs the emotions.

Once this is established: whoever takes up singing as a trade, whom people visit at his home to hear or whom they summon to their houses, has his testimony rejected, for that is frivolity and abandonment of manliness. If he does not pursue it, but hums to himself without singing for people, his testimony is not rejected for that, for his manliness does not thereby perish.

If he keeps a singing boy or a singing slave girl and invites people to hear them, his testimony is rejected for frivolity and abandonment of manliness; and the singing slave girl is more disliked than the boy, for that is baseness.

As for the listener of singing: if he frequents the houses of singers in private or summons them to his home to listen, his testimony is not rejected for that, for his manliness does not thereby fall; but if he does so repeatedly, his testimony is rejected, for that is frivolity.

Ibn al-Sabbagh said: our companions did not distinguish between listening to singing from a man and from a woman, but listening to the singing of an unrelated woman should be more disliked than listening to it from men, from one's slave girl, one's wife or a close relative of forbidden degree, for temptation by her voice cannot be guaranteed; and although her voice is not an intimate part (awra), her face is like her voice in this respect: not an intimate part, yet looking at it is not permitted. Sources: "al-Bayan" (13/292, 295), "Rawdat al-Talibin" (7/378, 379), "Sharh Sahih Muslim" (6/182), "al-Najm al-Wahhaj" (10/297) and "Mughni al-Muhtaj" (6/373).

Al-Mawardi (may Allah have mercy on him) said: the people of knowledge differed over permitting singing, that is, without instruments, and forbidding it: most of the people of the Hijaz permitted it and most of the people of Iraq forbade it. Al-Shafi'i, Abu Hanifa and Malik disliked it according to the soundest of what is transmitted from them: they neither permitted it absolutely nor forbade it absolutely, and took a middle course between prohibition and permission through dislike. Source: "al-Hawi al-Kabir" (17/188).

According to the Hanbalis, in the madhhab, singing is disliked; it consists of raising the voice with poetry in a particular manner, without an instrument of amusement such as the oud or the tunbur and the like. Listening to it is disliked, except from an unrelated woman: taking pleasure in it is then unlawful; likewise it is unlawful with an instrument of amusement. Sources: "Kashshaf al-Qina" (6/534) and "Sharh Muntaha al-Iradat" (6/667).

Imam Ibn Qudama (may Allah have mercy on him) said: our companions differed over singing. Abu Bakr al-Khallal and his companion Abu Bakr Abd al-Aziz opted for its permission, and Abu Bakr Abd al-Aziz said: "singing and wailing have one meaning: permissible as long as no blameworthy or offensive thing accompanies them". Al-Khallal interpreted Ahmad's dislike as referring to blameworthy deeds, not to the utterance itself.

It is reported that Ahmad heard a singer (qawwal) at the house of Salih's daughter and did not object. Salih said to him: "father, did you not use to dislike this?" He replied: "I was told that they were engaging in blameworthy things".

Among those who opted for its permission without dislike were Sa'd ibn Ibrahim and many of the people of Madinah, and al-Anbari, based on the hadith of Aisha (may Allah be pleased with her) already cited, agreed upon by al-Bukhari and Muslim, and the word of Umar: "singing is the traveller's provision". The qadi held it to be disliked but not unlawful, which is the view of al-Shafi'i; he said: "it is among the disliked amusements". Ahmad said: "singing makes hypocrisy grow in the heart; I do not like it".

Other companions (Hanbalis) opted for its prohibition. Ahmad, concerning one who dies leaving an orphan son and a singing slave girl whom the boy needs to sell: she is sold as a plain (non-singing) slave. He was told: the singing girl is worth thirty thousand and the plain slave is worth twenty dinars. He said: "she is only to be sold on the basis of being a plain slave".

They argued for prohibition by what is reported from Ibn al-Hanafiyya concerning the word of Allah "avoid false speech": "it is singing"; and by Ibn Abbas and Ibn Mas'ud concerning "And among the people is he who purchases distracting talk": "it is singing".

As well as Abu Umamah: "the Prophet forbade buying female singers, selling them and trading in them; consuming their prices is unlawful". Al-Tirmidhi reported it and said: "we do not know it except from the hadith of Ali ibn Yazid", and he said: "the people of knowledge spoke critically of it". Ibn Mas'ud reported that the Prophet said: "singing makes hypocrisy grow in the heart", and the sound view is that this is Ibn Mas'ud's own statement.

In any case, whoever takes up singing as a trade to which people come, or keeps a singing boy or slave girl whom people gather to hear, has no testimony: in the eyes of one who does not deem it unlawful, that is frivolity, baseness and loss of manliness; for one who deems it unlawful, he is additionally a persisting sinner who publicly displays his iniquity. Al-Shafi'i and the people of opinion (ra'y) said this.

If he does not associate himself with singing, but hums only to himself without singing for people, or if his boy and slave girl sing only for him, the matter goes back to the divergence: whoever permits it or dislikes it does not reject his testimony. Whoever deems it unlawful rejects his testimony if he persists in it, like other minor sins, and does not reject it if he does not persist. If he does it believing it lawful, the rule of the school is that his testimony is not rejected for what is not notorious of it, like other matters of divergence among the branches.

As for one who frequents houses of singing, or whom singers visit for listening, doing so publicly and repeatedly, his testimony is rejected according to all of them, for that is frivolity and baseness. If he is held in regard despite it, he is like the one who sings to himself, according to the distinction already stated.

Sources: "al-Mughni" (10/174, 175) and "al-Mubdi" (10/227).