Discussion the sayings of some of the scholars concerning these ahaadith

[madeenahsh]

Discussion the sayings of some of the scholars concerning these ahaadith
There are still many ahaadith on this topicwhich we have not mentioned. In these ahaadith and those which are similar inmeaning, there is a clear indication of the prohibition of image-making(tasweer) of everything which has a soul, and that it is one of the major sins(kabaa'ir adh-dhunoob) which carries with it the threat (wa'eed) of punishmentin the Hell-Fire.

These ahaadith are general, including alltypes of image-making (tasweer), there being no difference whether the image(soorah) has a shadow (three dimensional) or not; nor is there any differencewhether the image (tasweer) is on a wall, on a curtain or shirt, drawn on amirror, on paper or other than that.

This is so because theProphet (peace and blessings of Allah be upon him) didn't differentiate betweenthat which casts a shadow (three dimensional objects) and that which does not;nor between that which is on a curtain or otherwise. On the contrary, he (peaceand blessings of Allah be upon him) declared the curse (of Allah) upon theimage-maker (al-musawwir); he informed us that the image-makers will be the mostseverely punished people on the Day of Resurrection, and that every image-makerwill be in the Hell-Fire. He (peace and blessings of Allah be upon him) declaredthis ruling to be general and all-inclusive, and did not make any exception.

The fact of this prohibition being general [including thatwhich casts a shadow and that which does not] is supported by the Hadeeth: Whenhe (peace and blessings of Allah be upon him) saw the images (tasaaweer) in thecurtain which was in the house of 'Aa'isha (may Allah be pleased with her), he(peace and blessings of Allah be upon him) tore it up, and the color of his facechanged [due to anger], and then he said:“ Surely, the most severelypunished people on the Day of Resurrection will be those who try to imitate thecreation of Allah”.

In one narration, when he (peaceand blessings of Allah be upon him) saw the curtain, he said:“ Verily,those who make these images (suwar) will be punished on the Day of Resurrection,and it will be said to them: Give life to what you have created”. Thesewords, and those similar to them, are clear about the fact that the image-maker(al-musawwir) who makes images (suwar) in curtains and similar things, isincluded in the generality of the threat (wa'eed) [of punishment on the Day ofJudgment].

As for his (peace and blessings of Allah be uponhim) statementexcept designs/inscriptions in a cloth, in the Hadeeth ofAbu Talha and Sahl ibn Hunaif (may Allah be pleased with them both) - this is anexception, i.e. these designs or inscriptions (raqman fi thawb) are not includedunder the ruling of the images (suwar) which prevent the entry of the angels.But it is not an exception from the ruling concerning the prohibition of themaking of images (tasweer).

This is very clear from theactual wording of the Hadeeth:“ Verily, angels do not enter a house whichhas in it images (soorah) - illa raqman fi thawb except designs/inscriptions ina cloth”.

Here the intended meaning (of thisexception) is if the designs (ar-raqm) are in a cloth or something similar,which is laid out on the floor and in a degraded position. This is like thepillow which is in a degraded/lowly position [sat upon or leaned on] as has beenpointed out in the Hadeeth of 'Aa'isha (may Allah be pleased with her)previously mentioned which mentions her cutting up the curtain and making one ortwo pillows from it.

Also, the Hadeeth of Abu Hurairah (mayAllah be pleased with him) and in it the saying of Jibreel (Gabriel) to theProphet (peace and blessings of Allah be upon him):“ So, order that thehead of the image /statue (timthaal) which is in the house be cut off, so thatit may become like the form of a tree; and order that the curtain be cut up andmade into two pillows laid out, on which people walk... The Messenger of Allah(peace and blessings of Allah be upon him) then did so...”.

It is not permissible to understand this exception asreferring to the image in a cloth which is hanging up, nor that which is fixedto a door or wall or what is similar to that. This, because the ahaadith of'Aa'isha (may Allah be pleased with her) are clear in their prohibition of thatwhich is similar to this curtain [which is hanging up], and the necessity of itsremoval or its being torn up - the text of which has been previously mentioned.

Also, the Hadeeth of Abu Hurairah (may Allah be pleased withhim) is clear about the fact that curtains like this one (hanging up) preventthe entry of the angels unless it is laid out on the floor, or the head of theimage (timthaal) in the curtain is cut off, so that it will be in the form orshape of a tree.

Know that his (peace and blessings of Allahbe upon him) ahaadith do not contradict one another. On the contrary, theyconfirm the truthfulness of each other. So, whenever it is possible to showagreement or reconciliation between various ahaadith, in a manner which issuitable, without stretching their meanings, it becomes obligatory to do so.

Making reconciliation (al-Jam')[32]between the ahaadith takesprecedence over the other two methods of resolving apparent contradictionbetween proofs - the two other methods beingAt-Tarjeeh[33]andAn-Naskh[34].

This iswhat has been agreed upon in the science of'Usool al-Fiqh[35]and the science ofMustalah al-Hadeeth[36].

[In the case of apparent contradictions between variousevidences, the order which should be observed, is to first try to makereconciliation (jam'); if this is not possible, then abrogation (naskh) if thedates of the evidences are known; if not, then determination of the strongestevidence (tarjeeh)]. Here it was possible to make reconciliation (al-Jam')between the ahaadith in the manner that we have mentioned. And for this, thePraise is due to Allah!

Al-Haafiz Ibn Hajar in his book'Fath al-Baaree' has given preference to reconciliation (al-Jam') between thevarious ahaadith in the manner that I have just mentioned. Then he mentionedthat al-Khattaabee said: "The image (soorah) which the angels refrain fromentering a place because of its presence - is that image whose possession isforbidden, i.e. those images (suwar) which are of things which have a soul, andits head has not been cut off nor has it been placed in a degrading ordisrespectful position.

Al-Khattaabee has also said: "Thepunishment for the image-maker (al-musawwir) is so severe because the images(suwar) were taken as something to be worshipped besides Allah; and becauselooking at them causes temptation (and arousal of sensual desires); and becausesome souls are inclined to them".

Imam an-Nawawee , in hisexplanation (sharh) of Saheeh Muslim, says: Chapter: The Prohibition of MakingImages of living beings [human or animal] and the Prohibition of Possession ofthat which has an image in it - which is not degraded by its being in a carpetand what is similar to it; and the fact that the Angels (peace be upon them) DoNot Enter a House which has in it an Image or a dog.

Imaman-Nawawee goes on to say: Our companions [of the Shaafi'ee madh-hab] and otherscholars as well have said that image making (tasweer) of living beings (humanand animal) is sternly prohibited and it is a major sin.

This is because the one who engages in it is threatened with the stern warningmentioned in the Hadeeth (which follow?). It is the same whether one makes theimage in that which will be disrespected and degraded or otherwise - in everycase, its making is prohibited.

This is because the act ofmaking of images is an act of imitation of the creation of Allah, the Most High[i.e. imitating the Creator in His action of creation]. Also, there is nodifference whether it is in a cloth, carpet, coin (dirham, deenaar, fals),container, wall or other than that.

As for making images oftrees or the riding saddle of a camel, or other things which do not containimages of living beings - this is not forbidden. This is the ruling concerningthe actual Making of the images.

As for thePossession/Keepingof that which has in it images of living being [humanor animal] - if it is hanging up on a wall, or in clothing that is worn, or aturban and whatever is similar to that, or those things which are not consideredto be degraded or dishonored - then it is forbidden.

However, if it is in a carpet which is trampled upon and treated with disdain,or in a cushion, pillow, or that which is similar - or those things which aredegraded and disrespected - it is not forbidden. Yet, there remains the questionof whether or not it prevents the entry of the angels of mercy to that house.There is difference of opinion in this matter, which we will mention later, Insha' Allah!

Finally, there is no difference in any part ofthis matter [i.e. the prohibition is equally applicable] between that whichcasts a shadow [three dimensional objects] and that which does not casts ashadow [two dimensional pictures, drawings, etc.].

This is asummary of our madh-hab in this issue. And what is similar to this in meaning isthe opinion of the Majority of Scholars (al-Jumhoor) from amongst the companions(sahaabah), the students of the companions (taabi'een) and those after them. Itis also the madh-hab (opinion) of ath-Thawree, Maalik, Abu Haneefah, and othersbesides them.

Some of the salaf (righteous predecessors)said that what is prohibited is only that which casts a shadow [threedimensional objects, like statues], and that there is no harm in the images(suwar) which do not cast a shadow [two dimensional images on a plane surface,such as paintings and drawings].

This is a baatil madh-hab(false opinion). Indeed, the curtain which the Prophet (peace and blessings ofAllah be upon him) spoke against the pictures in it - no one doubts that it wasblameworthy - and its images (soorah) did not cast a shadow [i.e. it was notthree dimensional]. This, in addition to the rest of the Hadeeth which aregeneral and inclusive of every type of image [two and three dimensional][37].

Az-Zuhree said: The prohibition of images (soorah) is general (not confined orrestricted to a certain type or class). So also is the prohibition of the use ofthat which has images in it, and entering the house which has images in it -there being no difference whether it is (raqman fi thawb) designs/markings in acloth or otherwise.

Likewise, it is the same whether it isin a wall, a cloth or a carpet, and whether it is in a state of degradation anddishonor or otherwise. This is based upon the apparent meaning of the ahaadith,particularly the Hadeeth of the cushion which has been mentioned by Imam Muslim[and al-Bukhaaree]. And this is a strong opinion.

Otherssaid: What is permissible (of these images) is the designs or markings in acloth (raqman fi thawb), it being the same if it is in a state of degradation ornot. There is also no difference whether it is hanging up on a wall or not. Theydisliked that which casts a shadow, or that which is made into the walls and thelike of it, there being no difference whether it is designs or markings (raqman)or other than that.

They took as an evidence (for theiropinion), the saying of the Prophet (peace and blessings of Allah be upon him)in some of the ahaadith of this chapter: "...except designs or markings in acloth/garment". This is the opinion of al-Qaasim ibn Muhammad.

They agreed by consensus about the prohibition of that whichcasts a shadow [three dimensional objects], and the obligation of disfiguring orchanging it. Al-Qaadee said: except that which has been narrated about smallgirls playing with dolls and the concession for it. Still, Imam Maalik dislikedthat a man should buy dolls for his daughter. Some of the scholars claimed thatthe permissibility for the small girls to play with dolls is abrogated by theseahaadith. And Allah Knows Best!

Al-Haafiz Ibn Hajar - afterhis mentioning a summary of these words of an-Nawawee - says: "I say: TheHadeeth of 'Alee (may Allah be pleased with him) which is reported by Ahmad[38], supports the position thatthe prohibition of making images is general, including that which casts a shadow[three dimensional objects like statues] as well as that which has no shadow[two dimensional images].

In it the Prophet (peace andblessings of Allah be upon him) is reported to have said:“ ...Anyone ofyou who goes to al-Madinah, must not leave there any idol/statue (wathan)without breaking it up, nor any picture (soorah) without effacing orobliterating it”.

In one of its narration's, he(peace and blessings of Allah be upon him) said:“ ...and whoever goes backto making any of these images, then he has disbelieved in what has been revealedto Muhammad (peace and blessings of Allah be upon him)”.

Whoever gives thought to the preceding ahaadith, it willbecome clear to him that they point to or indicate the general, all-inclusivenature of the prohibition; as well as the absence of any distinction betweenthat which casts a shadow and that which does not, as has already been madeclear.

If someone was to say: It has preceded in the Hadeethof Zaid ibn Khaalid, from Abu Talha that Bisr ibn Sa'eed (the narrator fromZaid) had said:“ ...then Zaid became ill, so we visited him, and suddenlyto our surprise, we found on his door a curtain having an image (soorah) onit...”. On the surface, this might suggest that Zaid held the opinion ofthe permissibility of hanging up curtains which have images (suwar) in them.

The answer to this is as follows:
The aforementionedahaadith of 'Aa'isha (may Allah be pleased with her), as well as other ahaadithof similar meaning indicate: the prohibition of hanging up curtains which haveimages (suwar) in them; the obligation to tear them up; that these imagesprevent the entry of angels.

Hence, if any ahaadith areauthentically narrated from the Messenger of Allah (peace and blessings of Allahbe upon him) it is not permissible for anyone to oppose them or contradict them,with the sayings or action of anyone, no matter who that person may be [scholaror otherwise].

In fact, it is obligatory for the believersto follow the authentic Hadeeth, hold tightly to that which it indicates, andreject whatever opposes it, as Allah, the Most High, said:“ So, whatsoeverthe Messenger (Muhammad) gives you, take it. And whatsoever he forbids you,abstain (from it)”[al-Qur'an 59:7].

Allah, the MostHigh, also said:“ Say: Obey Allah and obey the Messenger. But if you turnaway (in rejection) he is only responsible for the duty placed on him (i.e. toconvey Allah's message) and you for that placed on you. If you obey him, youshall be on the right guidance. The Messenger's duty is only to convey (themessage) in a clear way”[al-Qur'an 24:54].

Allah(subhaanahu - He is Far removed from any imperfection) has, in this verse,guaranteed the Guidance for whoever obeys the Messenger (peace and blessings ofAllah be upon him).

Allah, the Most High, also said:“And let those who oppose his (Muhammad's) commandments beware lest some fitnah(disbelief, trials, afflictions) befall them, or a painful torment be inflictedon them”[al-Qur'an 24:63].

Perhaps Zaid (may Allah bepleased with him) wasn't aware of the image (soorah) which was in that curtain.Or, maybe be knew about it, but considered it permissible because the ahaadith,which indicate the prohibition of hanging up curtains which have images in them,didn't reach him. Hence, he based his opinion on the apparent/surface meaning ofthe statement of the Prophet (peace and blessings of Allah be upon him):“illa raqman fi thawb”- except designs/inscriptions in a cloth.Therefore, he would be excused (from blame) due to his not having knowledge ofthese ahaadith.

As for the one who knows about the authenticahaadith, which point to the prohibition of putting up curtains containingimages (suwar) - there is no excuse for him opposing or contradicting theseahaadith.

Whenever someone contradicts clear authenticahaadith in order to follow his whims/desires, or in consequence of his blindfollowing of some man - this necessarily brings upon him the anger and hatred ofhis Lord. It would be feared for such a person (that he will be afflicted with)the sickness of deviation (zaigh) of the heart, and falling into temptation(fitnah), as Allah (subhaanahu) has warned of this in His statement:“ Andlet those who oppose his (Muhammad's) commandments beware lest some fitnah(disbelief, trials, afflictions) befall them, or a painful torment be inflictedon them”[al-Qur'an 24:63].

Also, the saying of Allah,the Most High:“ So, when they turned away (from the path of Allah), Allahturned their hearts away (from the right path)”[al-Qur'an 61:5].

Also, the saying of Allah, the Most High:“ ...So Hepunished them by putting hypocrisy into their hearts...”[al-Qur'an 9:77].

That which has preceded, in the Hadeeth of Abu Hurairah (mayAllah be pleased with him) indicates that an image (soorah) is permissible to bekept in the house if and when its head is cut off. This is so because it wouldthen be in the form or shape of a tree.

This, then, showsthat making images (tasweer) of trees and the like of them - of those thingswhich have no soul - is permissible. The clear mention of this has preceded inthe narration of the two Shaykhs (al-Bukhaaree and Muslim) on the authority ofIbn Abbaas (may Allah be pleased with them both).

ThisHadeeth is also a proof that cutting off anything other than the head of theimage - such as cutting off the lower half, or what's similar to that - is notsufficient, and doesn't make it permissible to be used (kept in the house). Nordoes it remove that which prevents the entry of angels. This, because theProphet (peace and blessings of Allah be upon him) commanded that the images(suwar) be torn up and obliterated/effaced; and informed us that these imagesactually prevent the angels from entering, with the exception of those imageswhich are in a degraded condition or if its head has been cut off.

Whoever claims any "musawwigh" (excusing-factor) which makespermissible the keeping of images (soorah) in one's house - other than these twomatters - then he is obligated to produce the evidence (for such) from the Bookof Allah or the Sunnah of His Messenger (peace and blessings of Allah be uponhim).

This, because the Prophet (peace and blessings ofAllah be upon him) informed us that if the head of the image (soorah) is cutoff, the remainder will be like the form of a tree. And this shows that thefactor (which makes allowable its retention in one's house) is its beingtransformed from the shape or form of those things which have a soul, to a formsimilar to inanimate things (i.e. that which has no soul).

If the lower part of the image has been cut off, and the head remains - it wouldnot have attained this stature (of being like something inanimate), due to theface remaining - and in the face is beauty and uniqueness of creation and formnot found in the rest of the body.

Therefore, it is notpermissible with whoever has understood the intended meaning from Allah and HisMessenger (peace and blessings of Allah be upon him), to make comparison(qiyaas) between it (the head) and anything else besides it, [i.e. it is notpossible to compare the cutting off of any other part of the body to the cuttingoff of the head, and then saying that the image is now permissible to be kept,as when the head is cut off][39].

From this it becomes clear to theseeker of Truth that making images of the head and that which follows it, fromthe body of any living thing [human, animal, bird or fish, etc.] is subject tothe same ruling - i.e. it is prohibited, and it prevents the entry of angels.

This, because the preceding authentic ahaadith include it(the head with what follows it of the body). It is not the right of anyone tomake exceptions from this general (all inclusive) ruling, except in that whichthe Law Maker has made an exception.

There is no differencein this matter between the image which has body (al-mujassadah) and that whichdoes not; nor between that which is woven (al-manqooshah) in a curtain or onpaper and what is similar to them; there is also no difference between theimages (suwar) of humans or other than them, of that which possess a soul; norbetween the images of kings and scholars or others. On the contrary, the degreeof the prohibition, of the images of the kings, scholars and those like them ofthe people who are [considered] exalted is even more severe.

This, because the fitnah (trial and temptation) caused by them is greater. Andputting up/posting their images (suwar) in sitting places and its likeness, andexalting them, is one of the greatest means leading to shirk (associatingsomething with Allah in worship) and the worship of the so-called 'lords' whoseimages are made, instead of worshipping Allah. This is what happened to thepeople of Nooh (alayhi as-Salaam). And this has previously been hinted at in thewords of al-Khattaabee.

In the Days of Ignorance(al-Jaahiliyyah - before the establishment of al-Islam amongst the Arabs) images(suwar) were many in number, and were exalted and worshipped instead of Allah,until Allah raised his Prophet Muhammad (peace and blessings of Allah be uponhim). He (peace and blessings of Allah be upon him) broke the idols (asnaam) andeffaced the images (suwar), and Allah removed - through him - ash-shirk and themeans leading to it.

Therefore, everyone who makes an image(soorah) and posts it up, or exalts it, has become similar to the disbelieversin their actions. They have opened for the people the door to shirk (worship ofsomething other than Allah) and the means leading to it.

Additionally, whoeverOrdersthe making of images (tasweer) or isPleased with it, then the ruling for him, is the same as the ruling fortheOne who actually does it-in terms of him also having done somethingprohibited and being equally entitled to the threat (wa'eed) of punishment.

The reason for this is that the prohibition ofOrderingdisobedience orBeing Pleasedwith it, has beenestablished in the Qur'an, Sunnah and sayings of the scholars, just as theActual Doing of Ithas been prohibited.

Allah, theMost High, said:“ And it has already been revealed to you in the Book(this Qur'an) that when you hear the Verses of Allah being denied and mocked at,then sit not with them, until they engage in a talk other than that; (but if youstayed with them) certainly in that caseYOU WOULD BE LIKETHEM. Surely, Allah will collect the hypocrites and disbelievers alltogether in Hell”[al-Qur'an 4:14].

This verseindicates that whoever is in the presence of evil (munkar) and does not turnaway from those who are doing it, then he is like them.

Therefore, if the one *****mains Silentabout evil - while he has theability to reject it or speak against it or to separate from it - is like theDoer of Evil, then the one whoCommands The Evilor isPleasedWith It, would be even more sinful and in a much more evil condition than he*****mains Silent. He is also more deserving to be considered like theone whoActually Does It.

The evidences containingthis meaning are many, and can be found, by whoever seeks them, in theirrespective places [i.e. in the books dealing with this subject].

Based on what we have mentioned in this"Jawaab"(Answer), from ahaadith and the sayings of the scholars, it should be clear toone who desires the Truth that the widespread engaging of the people inimage-making (tasweer) of that which possess souls - in books, magazines,newspapers and letters [and post cards] - is an obvious mistake and opendisobedience (sin).

It is obligatory, on everyone who wouldadvise himself, to be warned from it; and as well he should warn his brothersfrom it, after sincere repentance from that which has passed.

It should also be clear to him, from the evidencespreviously mentioned, that it is not permissible for these images (tasaaweer),which we have referred to here, to remain intact. On the contrary, it isincumbent to cut off their heads, or to efface and obliterate them, unless it isin a carpet or something similar, of those things which are walked upon anddegraded. In that case, there is no harm in leaving them intact. The evidencefor this has preceded, in the ahaadith of 'Aa'isha (may Allah be pleased withher) and Abu Hurairah (may Allah be pleased with him).

Asfor the toys which have body (three dimensional), in the shape of that which hasa soul - the scholars have differed about the permissibility ornon-permissibility of their possession by little girls.

Ithas been affirmed in the two books of Saheeh (al-Bukhaaree and Muslim), from'Aa'isha (may Allah be pleased with her) who said:“ I used to play withdolls in the presence of the Prophet (peace and blessings of Allah be upon him).And I had girl-friends (playmates) who played along with me. They would hide(feeling shy) from him (peace and blessings of Allah be upon him) whenever heentered. But, he (peace and blessings of Allah be upon him) would call them tojoin and play with me”[al-Bukhaaree 8/95 #151, Muslim 4/1299 #5981].

Al-Haafiz Ibn Hajar said in Fath al-Baaree:[40]
This Hadeeth has beenused as a proof for the permissibility of possessing (suwar - of) dolls andtoys, for the purpose of the little girls playing with them. This has beenespecially exempted from the general prohibition of possession of images(suwar).

Al-Qaadee 'Iyaad has stated this position withdefiniteness, and transmitted it as the position of the Majority (Jumhoor) ofthe Scholars; and that they declared permissible the selling of toys/dolls(al-lu'ab) for little girls, to train them from childhood for the householdresponsibilities and child-rearing.

He (al-Qaadee 'Iyaad)then says: Some of the scholars hold that this permission is abrogated(mansookh). Ibn Battaal was inclined to this opinion. It was also narrated fromIbn Abi Zaid, from Maalik that he disliked (kariha) that a man would buy for hisdaughter images (suwar) [dolls]. From this ad-Daawoodee considered stronger theopinion that this permission is abrogated.

Ibn Hibbanentitled the chapter:" The allowance (ibaahah) of young women[41]to play with toys (al-lu'ab)[dolls]".

An-Nasaa'ee entitled the chapter:" A man'sallowing his wife to play with dolls (al-banaat)". He didn't restrict it tochildhood, and this (on his part) is questionable.

Al-Bayhaqee[42]- afternarrating this Hadeeth and its sources (takhreej) - said:
" The prohibitionof possessing images (suwar) is firmly established. Therefore, the permissiongiven to 'Aa'isha (may Allah be pleased with her) in this matter should beunderstood to have been before the prohibition [and therefore abrogated]" Ibnal-Jawzee has firmly stood on this position.

Al-Haafiz goeson to say:[43]
Abu Daawoodand An-Nasaa'ee have narrated with another chain (wajh aakhar) from 'Aa'isha(may Allah be pleased with her) that she said:“ The Messenger of Allah(peace and blessings of Allah be upon him) returned from the battle of Tabook orKhaibar...”.

Here he mentioned the Hadeeth about his(peace and blessings of Allah be upon him) tearing down the curtain which she(may Allah be pleased with her) attached to her door. She (may Allah be pleasedwith her) said:“ Then the side of the curtain which was over the dolls of'Aa'isha (may Allah be pleased with her) was uncovered. He (peace and blessingsof Allah be upon him) said: What is this, O 'Aa'isha? She said: My dolls. Shethen said: then he (peace and blessings of Allah be upon him) saw amongst them awinged horse which was tied up. He (peace and blessings of Allah be upon him)said: What is this? I said: A horse. He said: A horse with two wings? I said:Didn't you hear that Sulaiman (Solomon - peace be upon him) had horses withwings? Then he (peace and blessings of Allah be upon him) laughed”[44].

Al-Khattaabee said: From this Hadeeth it is understood that playing with dolls(al-banaat) is not like the amusement from other images (suwar) concerning whichthe threat (wa'eed) of punishment is mentioned. The only reason why permissionin this was given to 'Aa'isha (may Allah be pleased with her) is because she hadnot, at that time, reached the age of puberty.

[al-Haafizsays:] I say: To say with certainty, [that she was not yet at the age ofpuberty] is questionable, thoughit might possibly be so. This, because 'Aa'isha(may Allah be pleased with her) was a fourteen year old girl at the time of theBattle of Khaibar - either exactly fourteen years old, or having just passed herfourteenth year [and entering into the fifteenth year], or approaching it (thefourteenth year).

As for her age at the time of the Battleof Tabook - she had by then definitely reached the age of puberty. Therefore,the strongest view is that of those who said: "It was in Khaibar" [i.e. when shewas not yet at the age of puberty], and made reconciliation (jam') [between theapparent contradictory rulings, of permissibility of dolls, in particular, andthe prohibition of images, in general] with what al-Khattaabee said (above).

[al-Khattabee said that images are prohibited, except in thecase of dolls for young girls]. This, because to reconcile (make jam') is betterthan to assume the ahaadith to be in contradiction (at-ta'aarud). Here ShaykhBin Baaz concludes his quotation from al-Haafiz, saying: The above is theessence of the words of al-Haafiz Ibn Hajar.

He then goes onto say:

If you have understood what al-Haafiz (rahimahu'llahta'aala) has mentioned, then the safest position (al-ahwat) is to avoidpossession of dolls (al-lu'ab al-musawwarah) (three dimensional). This, becauseits lawfulness is doubtful, due to the possibility that the approval of theProphet (peace and blessings of Allah be upon him), for 'Aa'isha (may Allah bepleased with her) to possess the three dimensional dolls (al-lu'abal-musawwarah), was before the order came to obliterate and efface images(suwar).

In such case, the permission would be consideredabrogated (mansookh) by the ahaadith containing the command to efface and removeall images (suwar), except those whose head is cut off, or those which aredishonored or degraded, as it has been stated/opinioned by al-Bayhaqee and Ibnal-Jawzee, and inclined towards by Ibn Battaal.

There isalso the possibility that this permission could be a special exemption from thegeneral prohibition, as the Majority (Jumhoor) of the Scholars have held, forthe benefit of training (the girls to be mothers). Another reason might be thatPlaying with dolls is a form or manner of degradation (to the image) and showingthat it is not something honored.

Nonetheless, with thePossibilitiesmentioned, along with theDoubtabout itspermissibility - the safer position is to leave it alone, and let the trainingof girls be with toys other than those which have body (three dimensional), inorder to be completely free from the difference of opinion and doubt about theruling concerning dolls which have body (as-suwar al-mujassadah).

In this way, you would be putting in practice, the saying ofthe Prophet (peace and blessings of Allah be upon him):“ Leave that whichmakes you doubt for that which does not make you doubt”At-Tirmidhee[45], An-Nasaa'ee[46]. At-Tirmidhee said it is agood and authentic Hadeeth (hasan saheeh).

Also, his (peaceand blessings of Allah be upon him) saying, in the Hadeeth of an-Nu'maan ibnBasheer (may Allah be pleased with him) , which has been narrated in the twoSaheeh Books (al-Bukhaaree and Muslim):“ That which is lawful is clear,and that which is unlawful is clear. And between them are certain unclearmatters which not many people know. Thus he who avoids the doubtful mattersclears himself in regard to his religion and his honor. But he who falls intothe doubtful matters, falls into that which is unlawful. This is like theshepherd who grazes his flock near a sanctuary, all but grazing therein. Trulyevery king has a sanctuary and truly Allah's sanctuary is Hisprohibitions...”[al-Bukhaaree, Muslim][47].

And Allah Knows Best! And May Praiseof Allah in the Assemblies of the Angels and Peace be upon our Prophet Muhammadand his family.
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[32]al-Jam': The attempt to reconcile between two or more evidences, in an effort to clarify what might appear to be a contradiction.

[33]at-Tarjeeh: Determining which of two or more evidences is the strongest or more closely related to the issue in question, in the case where the variant evidences would lead to a different ruling.

[34]an-Naskh: Determining which of two or more evidences, in the same issue, is the latest or last to be legislated, and making the last of them to abrogate the earlier.

[35]Usool al-Fiqh: the science which deals with those fundamental principles and rules, which are the guidelines followed by the scholars to make legal (Fiqh) judgments in the specific matters of the life of a Muslim. The rules related to al-Jam', an-Naskh, and at-Tarjeeh are studied in Usool al-Fiqh.

[36]Mustalah al-Hadeeth: the rules and principles related to determining whether or not a Hadeeth is authentic; and classification of ahaadeeth according to whether the chain of narrators is complete or broken.

[37]The following five paragraphs were not included in this book, but are taken from the original statement of Imaam an-Nawawee as found in his "sharh" of Saheeh Muslim [14/81-82].

[38]Musnad Imaam Ahmad, 1/87, no.97 (658). Shaykh al-Albaanee says:“ ...This isnaad (chain of narrators) is weak”. The narrator - Abu al-Muwarrah or Abu Muhammad is 'majhool' (unknown; i.e. not certified as a reliable narrator), as stated by al-Haafiz, in "Ta'jeel al-Manfa'ah" in a transmission from al-Husainee. I say: There is also "idtiraab" in it (the isnaad) - as he narrates it one time "mursal" (broken chain, between the taabi'ee and the Prophet) - - and another time he narrates it "mawsool" (with a complete chain of narrators) mentioning 'Alee (may Allah be pleased with him) in the chain. Both ways (mursal and mawsool) have been reported by Ahmad from (this narrator) ['Ghaayah al-Maraam' page.92, no.144]. Note: There is another narration of this hadeeth which is authentic (saheeh) reported by Imaam Muslim. Its wording does not include:“ ...don't leave any idol/statue (wathan) without breaking it up...”.

[39]al-Ismaa'eelee reported in his 'Mu'jam', on the authority of Ibn Abbaas (may Allah be pleased with them both) that the Prophet (peace and blessings of Allah be upon him) said:“ The image (soorah) is actually the head (ra's). Therefore, if the head is cut off, then there is no image (soorah)”. Shaykh al-Albaanee has declared it to be authentic (saheeh) in Saheeh al-Jaami' as-Sagheer, 2/718 no.3864. See also, as-Silsalah as-Saheehah 4/554 no.1921. This hadeeth is also narrated by al-Bayhaqee in as-Sunan al-Kubraa 7/280 [Arabic Edition of Ibn Turkamaanee].

[40]Fath al-Baaree 10/400 no.5954 - 5955, Kitaab at-Tasweer, Baab: Ma Wuti'a Min at-Tasaaweer; also 10/544, no.6130, Kitaab: al-Adab, Baab: al-Inbisaat ilaa an-Naas.

[41]Perhaps the meaning here of 'young women' is young girls who married at an early age, as was the case with 'Aa'isha (may Allah be pleased with her), whose marriage to the Prophet (peace and blessings of Allah be upon him) was contracted at the age of six and consummated at the age of nine [al-Bukhaaree 7/65, no.88].

[42]As-Sunan al-Kubraa 10/220, Kitaab: ash-Shahaadaat, Baab: Ma Jaa Fi al-Lu'ab bi-Banaat. [Edition of Ibn Turkamaanee].

[43]Fath al-Baaree 10/400, Baab (91), related to Hadeeth no.5954, 5955.

[44]Abu Daawood 3/1373, no.4914; Saheeh Sunan Abu Daawood 3/932, no.4123/4932.

[45]Sunan at-Tirmidhee no.2518; Saheeh Sunan at-Tirmidhee 2/309, no.2045. [Hadeeth no.11, English Translation of Forty Hadeeth of an-Nawawee].

[46]Sunan an-Naasaa'ee 8/732, no.5726; Saheeh al-Jaami' 1/637, no.3377.

[47]Al-Bukhaaree 1/44, no.49, and 3/151, no.267; Muslim 3/840, no.3882.