Chapter 5: Reliability Of Khabar (A
Report / News)
Allah Almighty says in the Glorious Qur’an:
(یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوۡۤا اِنۡ
جَآءَکُمْ فَاسِقٌۢ بِنَبَاٍ فَتَبَیَّنُوۡۤا اَنۡ تُصِیۡبُوۡا قَوْمًۢا
بِجَہَالَۃٍ فَتُصْبِحُوۡا عَلٰی مَا فَعَلْتُمْ نٰدِمِیۡنَ ﴿۶﴾)
“O you who
Believe! If a transgressor (sinful person) comes to you with any information
(news), then scrutinize it thoroughly, so that you may not cause harm to any nation
unknowingly; then thereafter becoming regretful for that which you have done.” [Surah 49 Verse 6]
Law: If you sent your employee or bondsman, even
though he may be a majoosi (fire-worshipper) or Hindu to purchase meat, and he returns
with the meat and says that he purchased it from a Muslim or from a Kitaabi[1],
then this meat can be consumed; and if he says that the meat he brought has
been purchased from a mushrik[2]
(polytheist), such as from a majoosi or Hindu, then to consume such meat is
Haraam, because buying and selling is related to Mu’amilat[3]
and in Mu’amilat, the khabar of a kaafir is regarded as reliable, even though
the issue of Hillat (lawfulness) and Hurmat (unlawfulness) is related to
Diyaanat[4]
and in Diyanaat, the khabar of a kaafir is not regarded as being unacceptable,
but since the actual khabar was related to purchasing (the meat), and the issue
of Hillat and Hurmat is only an implicit matter (in this case). Thus, when the
said khabar (information or news) is reliable, then inclusively this too will
be confirmed. If the actual khabar would have been pertaining to lawfulness and
unlawfulness, then it would have been regarded as unacceptable. [Hidaya, Durr-e-Mukhtar]
Law: The khabar of a kaafir is only regarded as
reliable (i.e. acceptable) in the issues of Mu’amilat when there is [Ghaalib Gumaan]
predominant likelihood that he is telling the truth. If there is predominant
likelihood that he is being deceitful, then one should not act upon it (the
information he gives). [Jawhara]
Law: Meat was purchased and later it was
ascertained that the person from whom the meat was purchased from is a mushrik.
If the meat was taken back so that it can be returned and he (the mushrik) mentions
that the meat is from an animal that was slaughtered by a Muslim, it is still
prohibited to eat the meat. [Raddul
Muhtar]
Law: Regarding the gift presented by a slave-girl,
slave or a child, the information (given by them) is regarded as reliable. An
example, if a child brings something to someone and says that my father sent this
to you as a gift; that person is allowed to accept it and make use of it and if
it is something to eat, then he may even eat from it. In the same way, if a
slave-girl or slave gave him something saying, my master has sent this as a
gift to you, and actually if both of them give this khabar regarding
themselves, that our master has presented us both to you, then even this khabar
is regarded as being acceptable. Hypothetically, even if the slave-girl gives
this khabar regarding herself, then that person may also make ‘Watee’ with her
(i.e. bed her). [Zail’i]
Law: If they (i.e. the slave-girl or slave) gave
this khabar that Our Master or Guardian has granted permission for you to buy
us, then even this khabar will be regarded as reliable, on condition that there
is predominant likelihood regarding them telling the truth. Accordingly, if a
child purchased something such as salt, chillies, tumeric or coriander and he
gives khabar that he has the permission to purchase these things, then to sell
these things to him is allowed; and if there is a predominant likelihood that
he is lying, then his word should not be accepted. An example of this is that
he wishes to buy some sweetmeats or fruit etc. for a few cents and he says, ‘I
have been given permission for this.’ Do not give credence to this, whereas in
the said case it seems apparent that he was not given the money to purchase
sweets etc. to eat. [Durr-e-Mukhtar, Raddul Muhtar]
In other words, when there is a predominant likelihood that he does
not have permission to purchase these things, such as when you feel that there
is probability that he has hid the money and brought it with him, and is now
using it to purchase the sweets. (In such a case, the doubt arises) why his
family members have given money to (such young child) to purchase sweets
(instead of purchasing it for him). Thus, in such a case, to even sell the
sweetmeats to him is Na Jaa’iz (impermissible).
Law: A kaafir (unbeliever) or fasiq (open
transgressor) gave khabar saying, ‘I have been appointed as the agent
(representative) of a certain person, to sell a certain item for him.’ His
information (Khabar) can be regarded as being reliable and the item may be purchased.
Similarly, the information given by him will be regarded as acceptable in other
issues pertaining to Mu’amilat, on condition that there is predominant
likelihood that he is telling the truth. [Durr-e-Mukhtar]
Law: In the issues of Diyanaat, it is necessary
for the Mukhbir[5] to be Aadil[6].
Diyanaat here refers to those issues which are between the servant and the
Creator (i.e. regarding that which Allah has Commanded His servants), such as
lawfulness, unlawfulness, impurities and purification (etc.). If with the
issues of Diyaanat, there is also the case of Termination of Association; for
example, if someone gives information regarding a husband and wife (wherein he
mentions or claims) that both of them are foster brother and sister, then in evidence
for this, simply being Aadil is not sufficient. However, the condition of being
Aadil and number of witnesses are also necessary. In other words, those giving
such information should either be two (adult) males or one (adult) male and two
(adult) females, and all of them should be Aadil. [Durr-e-Mukhtar, Raddul Muhtar]
Law: If an Aadil Muslim gives khabar regarding
water wherein he says that the water is Najis (impure or contaminated with
impurity), one should then not perform Wudu with it. On the contrary, if there is
no other water, then Tayam’mum (dry ablution) should be performed. If a fasiq
or a Mastoor[7] gives information that the
water is impure, one should then apply (the principles of) Tahar’ri[8].
If the heart is positively content that he is telling the truth, then the water
should be thrown away and Tayam’mum should be performed. Do not make wudu (in
such a case). However, if there is predominant likelihood that he is being
untruthful, then one should perform Wudu (with this water) and as a
precautionary measure it is also best to perform Tayam’mum. If a kaafir gives
khabar of it (the water) being impure, and there is predominant likelihood that
he is telling the truth, it is still best to discard the water and then perform
Tayam’mum. [Durr-e-Mukhtar]
Law: If a single just person (Aadil) gave khabar
that it (the water) is pure and another just person gave khabar that the water
is impure, or if one just person gave khabar that, this animal was slaughtered by
a Muslim and another just person gave khabar that it was slaughtered by a
mushrik (polytheist). Then even in such a case, one should apply Tahar’ri and
act on that regarding which there is a predominant likelihood (of it being
correct). [Raddul Muhtar]
[1] A Kitaabi is one who is truly from amongst the People of the Book.
[2] A mushrik refers to a polytheist (i.e. pagan) or idol worshipper.
[3] Mu’amilat: refers to issues related to worldly or business matters
etc.
[4] Diyanaat: refers to Issues of Faith (i.e. Religious Issues)
[5] The Mukhbir is the one presenting the information
[6] An Aadil is a just and righteous person
[7] A Mastoor is one whose outer appearance is in accordance with the
Shariah
[8] Tahar’ri means to make a decision based on deliberation and
positive intuition
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