Hadith 32 of Nawawi : « There shall be no harm and no requiting of harm (la darar wa-la… »

He then reports it from the narration of Abd al-Malik ibn Mu'awiya an-Naysaburi, from ad-Darawardi, connected. Ad-Darawardi: Imam Ahmad deemed weak what he reported from memory, caring not: no doubt Malik's word preferred to his. Khalid ibn Sa'd al-Andalusi the hafiz said: the hadith "no harm nor reciprocating harm" is not sound connected. As for Ibn Majah: he reports it from Fadil ibn Sulayman's narration: Musa ibn Uqba informed us: Ishaq ibn Yahya ibn al-Walid informed us, from Ubada ibn as-Samit, that the Messenger of Allah (peace and blessings of Allah be upon him) judged: "no harm nor reciprocating harm." This is of a sheet reported by this isnad: interrupted, taken from a book: al-Madini, Abu Zur'a and others said. Ishaq ibn Yahya: said to be son of Talha: weak, hearing not from Ubada: Abu Zur'a, Ibn Abi Hatim and ad-Daraqutni said in a place. Said to be Ishaq ibn Yahya ibn al-Walid ibn Ubada, hearing not from Ubada either: ad-Daraqutni said too. Ibn Adi mentions him in his book of the weak, saying: most of his hadiths unpreserved. Said: Musa ibn Uqba heard not from him: he reports these hadiths from Abu Ayyach al-Asadi: Abu Ayyach unknown. Ibn Majah reports it also by another route, from Jabir al-Ju'fi's narration, from Ikrima, from Ibn Abbas: the Messenger of Allah (peace and blessings of Allah be upon him) said: "no harm nor reciprocating harm." Most deemed weak Jabir al-Ju'fi. Ad-Daraqutni reports it from Ibrahim ibn Isma'il's narration, from Dawud ibn al-Husayn, from Ikrima: a group deemed weak Ibrahim; Dawud's narrations from Ikrima are repudiated. Ad-Daraqutni reports from al-Waqidi's hadith: Kharja ibn Abd Allah ibn Sulayman ibn Zayd ibn Thabit informed us, from Abu ar-Rijal, from Amra, from Aisha, may Allah be pleased with her, from the Prophet (peace and blessings of Allah be upon him), who said: "no harm nor reciprocating harm." Al-Waqidi is abandoned, his shaykh diverges on his multiplication. At-Tabarani reports it by two weak routes too, from al-Qasim, from Aisha. At-Tabarani reports also from Muhammad ibn Salama's narration, from Ibn Ishaq, from Muhammad ibn Yahya ibn Hibban, from his uncle Wasi' ibn Hibban, from Jabir, from the Prophet (peace and blessings of Allah be upon him), who said: "no harm nor reciprocating harm in Islam." This isad is near, but singular: Abu Dawud reports it in the mursal reports, from Abd ar-Rahman ibn Mu'azz's narration, from Ibn Ishaq, from Muhammad ibn Yahya ibn Hibban, from his uncle Wasi', as mursal: the more correct. Ad-Daraqutni reports from Abu Bakr ibn Ayyash's narration, who said: I deem it from Ibn Ata, from his father, from Abu Hurayra, may Allah be pleased with him: the Prophet (peace and blessings of Allah be upon him) said: "no harm nor duress, and none of you prevent his neighbor placing his wood on his wall." This isad is doubtful: Ibn Ata, meaning Ya'qub, is weak. Kathir ibn Abd Allah ibn Amr ibn Awf al-Muzani reports, from his father, from his grandfather, from the Prophet (peace and blessings of Allah be upon him): "no harm nor reciprocating harm." Ibn Abd al-Barr said: its isnad is not authentic. I say: at-Tirmidhi authenticates this Kathir's hadith; al-Bukhari says of some of his hadiths: the most correct hadith of the chapter; Ibrahim ibn al-Mundhir al-Hizami deemed his hadith good, saying: it is the best of Ibn al-Musayyib's mursal reports; Ibn Abi Asim deemed it good too; others abandoned it, among them Imam Ahmad and others. This is what we have of the hadiths' routes of this chapter. The Shaykh, may Allah have mercy on him, mentions some of its routes strengthen mutually: so it is. Al-Bayhaqi said, of some Kathir ibn Abd Allah al-Muzani's hadiths: joined to other chains containing weakness: they strengthen. Al-Shafi'i said of the mursal: connected by another route, or mursal-reported by one taking knowledge from other than the first mursal's source: accepted. Al-Jawzajani said: when the connected hadith is from an unconvincing man, meaning unconvinced by his narrations, and its mursal columns harden by routes accepted with the choosers: used, sufficing: absent a stronger connected contradicting. Imam Ahmad argued by this hadith, saying: the Prophet (peace and blessings of Allah be upon him) said: "no harm nor reciprocating harm." Abu Amr ibn as-Salah said: ad-Daraqutni relates this hadith by routes whose sum strengthens and beautifies it: the masses of the scholars accepted and argued by it. Abu Dawud's word: "of the hadiths around which fiqh revolves," suggests it not weak. And Allah knows best. In meaning too: Abu Sirma's hadith, from the Prophet (peace and blessings of Allah be upon him), who said: "Whoever harms, Allah harms by him; whoever makes difficult, Allah makes difficult upon him." Abu Dawud, at-Tirmidhi and Ibn Majah report it; at-Tirmidhi says: good, singular. At-Tirmidhi reports, by a chain with weakness, from Abu Bakr as-Siddiq, may Allah be pleased with him, from the Prophet (peace and blessings of Allah be upon him): "Cursed is whoever harms a believer or plots against him."

Between harm and reciprocating harm

His saying (peace and blessings of Allah be upon him): "no harm nor reciprocating harm": this correct version is "reciprocating" without hamza. "Reciprocating" with hamza is reported: occurring in some Ibn Majah's and ad-Daraqutni's narrations, even some Muwatta copies. Some established this version, saying: one says: he harmed and reciprocated; others denied, saying: no validity. They differed: between the two words, harm and reciprocating harm, difference or none? One said: one meaning, emphatically. Famous: difference between them.

Between harm and reciprocating harm: said: harm is the name, reciprocating the deed: meaning: harm itself negated in the Law, introducing harm without right likewise. Said: harm is introducing upon another harm he benefits by; reciprocating: introducing harm without benefit: like withholding wealth harming him not, the withheld harmed. Ibn Abd al-Barr and Ibn as-Salah's group preferred this. Said: harm is harming whoever harms him not; reciprocating: harming whoever harmed him, unlawfully. In any case, the Prophet (peace and blessings of Allah be upon him) negated only unjust harm and reciprocating harm. As for introducing harm upon someone rightfully: either transgressing Allah's limits, punished by his crime's measure; or wronging another, the victim demanding just compensation: not intended at all: intended is inflicting harm without right.

This is of two types: the first: no purpose therein but harming another: its ugliness and prohibition doubtless. The Qur'an came prohibiting reciprocating harm in places.

Places of prohibiting harm

Of it: in bequest, the Most High said:

"after a bequest legislated, or debt, without harm."

An-Nisa, 12

Abu Hurayra's raised hadith: "a servant obeys Allah sixty years: death approaches: harms in bequest: enters Fire." Then recited: "these are Allah's limits," to His word: "whoever disobeys Allah and His messenger and transgresses His limits: He admits him a fire abiding: humiliating punishment." At-Tirmidhi and others report it in meaning. Ibn Abbas, may Allah be pleased with both, said: "harming in bequest is of the majors," reciting this verse. Harming in bequest is sometimes privileging some heirs beyond Allah's prescribed share: remaining heirs harmed by his privileging. Hence the Prophet (peace and blessings of Allah be upon him) said: "Allah gave every right-holder his right: no bequest for an heir." Sometimes bequeathing a stranger beyond the third: heirs' rights diminished: hence the Prophet (peace and blessings of Allah be upon him) said: "the third: and the third: much." Bequeathing heir or stranger beyond the third: unexecuted without heirs' consent: harming intended or not. Intending harm bequeathing a stranger the third: sinful by his harm-intent. His bequest revoked if established by admission, or not? Ibn Attiya reports a Malik version revoking: said: Ahmad's school analogy. Of it: returning in marriage, the Most High said:

"Retain them in kindness or release in kindness, retaining them not for harm, transgressing; whoever does that wrongs his soul."

Al-Baqara, 229

and He says:

"their husbands have more right to return them therein, intending reconciliation."

Al-Baqara, 228

Indicating: whoever's returning-intent is harm: sinful thereby. As they did in Islam's first, before divorce confined to three: a man divorcing his wife, leaving her till her waiting's end neared, returning, divorcing, endlessly: leaving the woman neither divorced nor retained: Allah annulled that, confining divorce to thrice. Malik held: whoever returns his wife before her waiting's end, divorcing her without cause: intending harm by lengthening her waiting: waiting restarts not, continuing past; else: new waiting restarts. Said: she is free absolutely: Ata's, Qatada's, al-Shafi'i's old view, Ahmad's narration. Said: restarts absolutely: most's view: Abu Qulaba, az-Zuhri, ath-Thawri, Abu Hanifa, al-Shafi'i's recent, Ahmad's narration, Ishaq, Abu Ubayd and others. Of it: in the abstention oath: Allah appointed the conjurer four months: man swearing abstaining his wife: four months reckoned: returning to intercourse: his repentance; persisting abstaining: not prevented. Old and later two views: first: divorced by the duration's passing. Second: suspended: returning, well; else divorce commanded. Leaving intercourse four months intending harm without oath: many of our companions: ruling like the conjurer. They say: Ahmad's speech's apparent. A group: leaving intercourse four months without excuse, she requesting separation: separated, upon intercourse obligatory with us in this duration. Diverged: harm-intent considered or not? Malik's and his companions' school: leaving intercourse without excuse: marriage annulled, differing on the duration. Lengthening travel without excuse, wife requesting return, he refusing: Malik, Ahmad and Ishaq say: judge separates: Ahmad estimated six months, Ishaq two years' passing. Of it: in nursing, the Most High said:

"A mother harm not her child, nor a father his child."

Al-Baqara, 233

Mujahid, at His word "a mother harm not her child," said: his mother barred not nursing him, grieving him thereby. Ata, Qatada, az-Zuhri, Sufyan, as-Suddi and others said: content with what contents another: more entitled. Explicit of Ahmad, may Allah have mercy on him: though the mother be in marriage's bonds. Said: in marriage's bonds: he may bar her nursing, the child nursed by none else impossible: al-Shafi'i's and some of our companions' view. But permitted only if the husband's intent by her is keeping the wife for enjoyment, not mere harm-inflicting. His word "nor a father his child": includes the divorced one requesting her child's nursing wage equivalent: father obligated answering: with or without another. Explicit of Imam Ahmad. Requesting beyond equivalent much increase, father finding one nursing at equivalent: father obligated not her request: she intends harm: Imam Ahmad stated explicitly too. Of it: in sale: prohibiting the compelled one's sale came. Abu Dawud reports it from Ali ibn Abi Talib's hadith, that he preached the people saying: "A biting time comes upon people: the wealthy bites what is in his hand, not commanded. Allah, the Most High, says:"

"And forget not grace among you."

Al-Baqara, 237

"and the compelled sell." The Messenger of Allah (peace and blessings of Allah be upon him) prohibited the compelled one's sale. Al-Isma'ili reports it, adding: the Messenger of Allah (peace and blessings of Allah be upon him) said: "having good wherewith you aid your brother: else add not perishing to his perishing." Abu Ya'la al-Mawsili reports it in meaning from Hudhayfa's hadith, raised also. Abd Allah ibn Mu'qal said: "necessity's sale is usurious." Harb said: Ahmad asked of the compelled one's sale: disliked it. Told: how is it? He said: "he comes needy, you sell what equals ten for twenty?!" Abu Talib said: told Ahmad: profit five of ten? He disliked. The buyer naive, unable bargaining, sold with great detriment: not permitted also. Ahmad said: "deception: swindling: detriment where people swindle not like: selling what equals a dirham for five." Malik's and Ahmad's school: rescission option established thereby. Needing cash, none lending, buying goods at deferred price upon himself, intending selling those goods taking its price: predecessors two views: Ahmad permitted in a narration. Another narration: feared compelled: selling the goods to its seller: most predecessors prohibit: Malik's and Abu Hanifa's school, may Allah have mercy on them, Ahmad's and others'. Of harm's types in sales: separating mother and child in sale: if small: unlawful by consensus. The Prophet (peace and blessings of Allah be upon him) is reported saying: "Whoever separates a mother and her child: Allah separates between him and his beloveds on the Resurrection Day." Mother consenting: permission diverged. Harm questions in rulings are very many: mentioned as example. The second type: having another legitimate purpose: disposing his property in his benefit: transgressing to another's harm; or preventing another profiting his property, keeping it: the prevented harmed. The first: disposing property whose harm transgresses to another: outside customary way, like kindling fire in his land a windy day burning adjacent: transgressing: guarantee upon him. Customary way: two famous scholar views. First: not prevented: al-Shafi'i's, Abu Hanifa's and others'. Second: prevention: Ahmad's view, Malik concurring in some forms. Forms: opening a window in his high building overlooking neighbor; building high overlooking, not screening: obligated screening: Ahmad explicit, some of al-Shafi'i's companions concurring. Al-Ruyani, of them, said in the ornament book: the judge strives, preventing upon stubbornness and corruption-intent appearing. Said: likewise building-lengthening, sun and moon prevention. Al-Khara'iti and Ibn Adi report, by a weak chain, from Amr ibn Shu'ayb, from his father, from his grandfather, raised, a long neighbor-right hadith, containing: "lengthen not building barring wind, without permission." Of it: digging a well near his neighbor's, draining its water: filled, Malik's and Ahmad's school apparent. Abu Dawud reports in the mursal from Abu Qulaba's hadith, who said: the Messenger of Allah (peace and blessings of Allah be upon him) said: "harm one another not in digging": a man digging beside a man draining his water. Of it: introducing in his property harming his neighbor's: shaking, pounding and such: prevented, Malik's and Ahmad's school apparent: one of the Shafi'is' ways. Likewise harming dwellers: foul smell and such. Of it: property in another's land, landholder harmed by entry: forced removing, entry's harm repelled. Abu Dawud reports in his Sunan from Abu Ja'far, Muhammad ibn Ali's hadith, that he narrated from Sumra ibn Jundub having in an Ansar man's garden a palm bunch, the man having family: Sumra entered his palm harmed, hard on him; asked exchanging: refused. Came to the Prophet (peace and blessings of Allah be upon him) mentioning: the Prophet (peace and blessings of Allah be upon him) asked selling: refused; exchanging: refused; said: "grant it him, and you have such and such": urging: refused. He said: "you are harming." The Prophet (peace and blessings of Allah be upon him) said to the Ansari: go, uproot his palm. Abu Ja'far is reported mursal: Ahmad said, in Hanbal's narration, after this hadith's mention: "everything on this course containing harm: prevented: answering, well; else the ruler compels: harming not his brother therein: benefit his." Abu Bakr al-Khallal reports from Abd Allah ibn Muhammad ibn Aqil's narration, from Abd Allah ibn Sulayt ibn Qays, from his father, that Ansar men had in another man's garden a palm: its holder visiting not morning and evening: hard on the garden's holder: came to the Prophet (peace and blessings of Allah be upon him) mentioning: the Prophet (peace and blessings of Allah be upon him) said to the palm's holder: "take from him a palm adjoining the garden in place of yours." He said: no, by Allah. He said: "take two of mine." He said: no, by Allah. He said: "grant it me then." He said: no, by Allah. The Messenger of Allah (peace and blessings of Allah be upon him) repeated: refused: the Messenger of Allah (peace and blessings of Allah be upon him) commanded giving a palm in place of his. Abu Dawud reports in the mursal, from Ibn Ishaq's narration, from Muhammad ibn Yahya ibn Hibban, from his uncle Wasi' ibn Hibban, who said: Abu Lubaba had a bunch in a man's garden: spoke him: "you walk my garden to your bunch: I give its like in your garden, removing it"; refused; spoke the Prophet (peace and blessings of Allah be upon him): he said: "O Abu Lubaba! Take your bunch's like, uproot to your property, sparing your companion what he dislikes." He said: doing not. He said: "go, remove his bunch's like to his garden, then build over that a wall: no harm nor reciprocating harm in Islam." In this hadith and its like: forced exchange, his leaving harming partner or neighbor: like obligating preemption repelling sudden partner-harm: argued too for obligating building upon the building-refusing partner, and obligating sale upon division's impossibility. From Muhammad ibn Abi Bakr's hadith, from his father, raised: "no inheritance division but what division bears." Abu Bakr is son of Amr ibn Hazm: Imam Ahmad said: the hadith then mursal. Division is sharing: division impossible by the shared harmed, a partner requesting sale: the other forced, price divided: Ahmad, Abu Ubayd and other imams stated. The second: preventing the neighbor profiting his property and associating: harming the profiter: prevention his: like one with a frail wall: wood casting not borne. No harm: obligating permitting, prohibiting refusing, or not? Whoever said in the first category: the owner prevented not disposing his property though harming his neighbor: said here to the neighbor: disposal's prevention without his permission. Whoever said there prevention: diverged here two views: first: prevention here: Malik's view. Second: prevention not permitted: Ahmad's school in wood-casting on neighbor's wall, al-Shafi'i's old concurring, Ishaq, Abu Thawr, Dawud, Ibn al-Mundhir, Abd al-Malik ibn Jayb the Maliki; Malik from some Medina judges reporting it. In the two authentic collections, from Abu Hurayra, may Allah be pleased with him, from the Prophet (peace and blessings of Allah be upon him): "None of you prevent his neighbor pegging upon his wall." Abu Hurayra said: "why see I you turning from it? By Allah, I will stake them between your shoulders." Umar ibn al-Khattab, may Allah be pleased with him, judged Muhammad ibn Maslama running his neighbor's water in his land: "you will let it pass though over your belly." Two Imam Ahmad narrations in obligating. Abu Thawr's school: obligating running water in the neighbor's land when run in a channel within his land: Harb al-Kirmani transfers from him. Of what withholding for harm is prohibited: water and pasture withholding. In the two authentic collections, from Abu Hurayra, may Allah be pleased with him, from the Prophet (peace and blessings of Allah be upon him): "Withhold not water's surplus withholding pasture thereby." In Abu Dawud's Sunan: a man said: O prophet of Allah! What thing withholding is not lawful? He said: "water." He said: O prophet of Allah! What thing withholding is not lawful? He said: "salt." He said: O prophet of Allah! What thing withholding is not lawful? He said: "doing good: better for you." In it also: the Prophet (peace and blessings of Allah be upon him) said: "The people are partners in three: water, fire and pasture." Most scholars held: flowing and springing water's surplus never withheld, owned or not: Abu Hanifa's, al-Shafi'i's, Ahmad's, Ishaq's, Abu Ubayd's and others' view. Ahmad's explicit: free bestowal, without payment, for drinking, watering beasts, watering crops: obligatory. Abu Hanifa's and al-Shafi'i's school: crop bestowal not obligatory. Diverged: bestowal obligatory absolutely, or near pasture, withholding leading pasture's withholding? Our companions' and al-Shafi'i's companions' two views. Ahmad's speech indicates prevention's restriction to pasture-nearness. Malik: owned water's surplus, by spring's and course's ownership, bestowal obligatory not except for the compelled, like the thirsty with vessels: unownable water's surplus bestowal obligatory. Al-Shafi'i: pasture like: surplus withheld except dead land. Abu Hanifa's, Ahmad's and Abu Ubayd's school: pasture's surplus never withheld. One said: water and pasture surplus withheld only by frontier folk: al-Awza'i's view: frontiersfolk, water and pasture gone, cannot move behind Islam's egg and people. Fire-withholding prohibition: jurists carried on prohibiting taking from it without embers; some: fire-producing stones' withholding: far. Carrying on fire-lighting prohibition, bestowing its holder's door surplus to guests or cooking: not far. Salt: carrying on taking exposed minerals' prohibition perhaps valid: salt exposed minerals, owned not by revival nor fief: Ahmad explicit. Abu Dawud's Sunan: the Prophet (peace and blessings of Allah be upon him) granted a man salt: told: O Messenger of Allah! It is like flowing water: he withdrew it. Of what enters his saying's generality: Allah, the Most High, charged His servants not what harms them absolutely: His commands their religion's and world's very righteousness; His prohibitions their religion's and worlds' very corruption. He commanded not what harms their bodies too: hence water purification lifted from the sick. He said: "Allah wills not imposing hardship upon you." Fasting lifted from the sick and traveler. He said: "Allah wills for you ease, wills not for you hardship." Ihram prohibitions like shaving lifted from the sick or headache-afflicted: compensation commanded. In the Musnad, from Ibn Abbas, who said: the Messenger of Allah (peace and blessings of Allah be upon him) was told: which religion is dearest to Allah? He said: "the tolerant upright religion." From Aisha's hadith, may Allah be pleased with her, from the Prophet (peace and blessings of Allah be upon him): "I was sent with the tolerant upright religion." Of this meaning, the two authentic collections, from Anas: the Prophet (peace and blessings of Allah be upon him) saw a man walking: told: he vowed pilgrimaging walking: he said: "Allah is rich of his walking: let him ride." A version: "Allah is rich of torturing this man himself." In the Sunan, from Uqba ibn Amir: his sister vowed walking to the House: the Prophet (peace and blessings of Allah be upon him) said: "Allah does nothing with your sister's misery: let her ride." Scholars differed on the walking-hajj-vower's ruling. Some said: walking obligates not, riding permitted absolutely: al-Awza'i's and Ahmad's narration. Ahmad said: he fasts three days; al-Awza'i: oath expiation: months obligatory if able: else riding at inability: nothing upon him. One of al-Shafi'i's two views. Said: despite that oath expiation: ath-Thawri's and Ahmad's narration. Said: blood: some predecessors: Ata, Mujahid, al-Hasan, al-Layth, Ahmad's narration. Said: mount-rent charity: reported from al-Awza'i, reporting from Ata. Ata reported: spending-measure charity at house. Some Companions and others: riding suffices not: pilgrimaging accessible: walking what rode, riding what walked. Some added: offering his: Malik's view if much ridden. Entering its generality too: the indebted, insolvent, demanded not: ease's state awaited: the Most High said: "in hardship: respite to ease." The scholars' majority, against Shurayh: the verse specific to ignorance-era usury debts. The majority took the general wording: the debtor charged not paying what upon him exiting his property with harm: clothes, needed dwelling, servant likewise, or trade-needing goods: his and dependants' subsistence. Imam Ahmad's school, may Allah the Most High have mercy on him.