This wording including In the name of Allaah is not
reported by any of the group, but rather by Saeed
ibn Mansoor in his Sunan and by Ibn Abee Shaibah in his Musannaf
(1/1) and Ibn Abee Haatim in al-Ilal (1/64) and its
isnaad contains (Aboo Mishar Najeeh) who is weak.
There are other narrations ordering this, from Anas but these are
Shaadhdh. The practice of saying Bismillaah when
entering the toilet may, however be supported by the hadeeth of
Alee, radiyallaahu anhu, from the Prophet, sallallaahu
alaihi wa sallaam, who said, "The screen that is between the
eyes of the Jinn and the private parts of the sons of Aadam, when one of them
enters the toilet, is that he says Bismillaah." Reported
by at-Tirmidhee and Ibn Maajah, and declared weak by at-Tirmidhee, but it has
two supporting isnaads from Anas, reported by at-Tabraanee, so the
hadeeth is at the very least hasan. And see
Irwaaul-Ghaleel, no. 50.
(58) p. 17 3rd paragraph, "Aboo Saeed reported...
not forbidden." The hadeeth is weak for two reasons:
- Ikrimah ibn Ammaar related it from Yahyaa ibn Abee
Katheer, and Ikrimahs narrations from him are mudtarab
[see at-Taqreeb].
- Its isnaad contains Hilaal ibn Iyaad who is unknown.
The ruling which the author bases upon this hadeeth is therefore not
established.
(59) p. 18 1st question, "... The prohibition implies that
it is only disliked ..." "Some reconciliate [sic.] these
hadeeth by saying that in the desert it is forbidden to face or turn ones
back on the kabah while it is permitted in buildings ..."
What is correct is that it is forbidden in the desert or within buildings.
The Prophet, sallallaahu alaihi wa sallaam, relieving himself on
the roof of Hafsahs house cannot be used either to lessen the forbiddance
reported in Aboo Hurairahs hadeeth, or to make the forbiddance
particular to buildings, that is because it was an action he was doing in
private, hidden from the people and so cannot be said to have been a proof of
its allowance or particularisation of the forbiddance. i.e., it was clearly
something private not meant to be seen and followed, something particular to
him, sallallaahu alaihi wa sallaam, (and see
as-Sailul-Jarraar of ash-Shawkaanee (2/69)).
As for the saying of Ibn Umar [translator mistakenly puts Umar]
"Certainly not ... this has been prohibited only in open areas
..." The he does not state that this understanding is from the Prophet,
sallallaahu alaihi wa sallaam, but may have been his own personal
understanding due to his, sallallaahu alaihi wa sallaam, action on
the roof of Hafsahs house.
(61) p. 18 "Qataadah related from ... This hadeeth is related by
Ahmad ..." The hadeeth is weak. Qataadah reports it using
ananah [saying, from] and he is a
mudallis. Further in the view of Imaam Ahmad and al-Haakim
Qataadah never met Ibn Sarjas whom he narrates from here, and that would make
the hadeeth munqatia in their view.
(63) p. 19 "Abdullaah ibn Mughaffal narrated... reported by
the five." The hadeeth is weak since the reporter from the
Companions is al-Hasan al-Basree who despite his fame and position was a
mudallis, and he narrates here using ananah.
However Aboo Daawood and other report with a saheeh isnaad that
Allaahs Messenger, sallallaahu alaihi wa sallaam, forbade
that one of us should comb our hair every day or that he should urinate in his
bathing place.
(63) p. 19 "Urinating in running water" ... "Jaabir said...
and its narrators are trustworthy." It is weak since it contains in its
isnaad, (i) Someone unknown, (iii) someone accused of lying, and (iii)
ananah of the mudallis Abuz-Zubair and further it is
contradicted by the authentic narration of al-Laith reported by Muslim with the
wording, "
standing water." The wording "
running water
" is therefore Munkar. It is narrated by
at-Tabraanee in al-Awsat which should have been mentioned.
(64) p. 19 "
said Aaishah, "If someone
related to you ... sitting."" Its isnaad from
Aaishah is weak due to Shareek ibn Abdillaah al-Qaadee.
However there is a support for it which raises it to authenticity, narrated by
Sufyaan ath-Thawree. (Reported by Aboo Awaanah in his Saheeh
(1/198), al-Haakim (1/181), al-Baihaqee (1/101) and Ahmad).