This wording including ‘In the name of Allaah’ is not
reported by any of ‘the group’, but rather by Sa’eed
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 Mi’shar 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
Irwaa‘ul-Ghaleel, no. 50.
(58) p. 17 3rd paragraph, "Aboo Sa’eed reported...
not forbidden." The hadeeth is weak for two reasons:
- ’Ikrimah ibn ’Ammaar related it from Yahyaa ibn Abee
Katheer, and ’Ikrimah’s 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 one’s
back on the ka’bah 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 Hafsah’s house cannot be used either to lessen the forbiddance
reported in Aboo Hurairah’s 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 Hafsah’s house.
(61) p. 18 "Qataadah related from ... This hadeeth is related by
Ahmad ..." The hadeeth is weak. Qataadah reports it using
’an’anah [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 munqati’a 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 ’an’anah.
However Aboo Daawood and other report with a saheeh isnaad that
Allaah’s 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)
’an’anah 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 ’Aa‘ishah, "If someone
related to you ... sitting."" Its isnaad from
’Aa‘ishah 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).