All praise is for Allaah, Lord of the universe. And may His peace and blessings be upon the foremost of those who fear Allaah and the seal of the prophets (Muhammad), as well as upon his family, his companions and (all) those who follow them in righteousness, until the Day of Recompense:
As for what follows, then:
These are some brief, yet comprehensive words concerning the difference between advising (against someone) and condemning (him), for indeed they are counterparts in the sense that they both consist of mentioning something about a people that they hate to have mentioned. However, the distinction between the two is something that is not understood by many people. Thus, Allaah is the One who grants correctness.
Know that mentioning something about a people that they hate having mentioned is forbidden if the objective behind that is for nothing else but to dispraise and declare (ones) faults and defects.
However, if there is found in this mentioning, a beneficial good for the general masses of people specifically for some of them and the objective behind it is to accomplish this beneficial good, then it is not forbidden, but rather, recommended.
The scholars of hadeeth have agreed with this (principle) in their books concerning the subject of Al-Jarh wat-Ta'deel.(1) And they stated the difference between declaring hadeeth reporters unreliable and between backbiting them. And they further refuted those who placed these two (categories) at the same level, such as those constantly engulfed in worship (all the time) as well as others who do not possess sufficient knowledge. (2)
Furthermore, there is no difference between 1) discrediting narrators of one of the hadeeth scholars (huffaadh) and distinguishing whose reports are to be accepted from them and whose reports are not. And between 2) clarifying the mistake of one who has erred with regard to understanding the meanings of the Book and the Sunnah and who has interpreted some aspect of it incorrectly, and who has adhered to something that he should not be adhering to. This (clarifying) was done so that this individual would not be followed in that which he erred in. And the scholars have also unanimously agreed upon the permissibility of (enforcing) that clarification.
Due to this, we find that the books they authored concerning the various sciences of the religion, such as tafseer, explanation of hadeeth, Fiqh, the difference of opinions amongst the scholars and what is related to that, are filled with arguments (3) and refutations of the statements of those who voiced weak sayings from the scholars of the past and present, such as the Sahaabah, the Taabi'een and those after them.
Not one of the people of knowledge abandoned (doing) this (clarification). Nor would he claim in his (refutation) to disparage, dispraise or defame the individual whose saying he was refuting, unless the author (he was refuting) was from those who speech consisted of pure evil and displayed corrupted manners when explaining (the Religion). In this circumstance, his evil action and corrupted state were forsaken apart from the original status of refuting and opposing him. And this (refutation) was based upon sound arguments and stable proofs. The reason for this was due to the unanimous agreement of the scholars of this Religion upon seeking to expose the truth which Allaah sent His Messenger (saw) with. And so that all of the Religion can become purely for Allaah (alone) and so that His word (the Shahaadah) can be the highest.
Furthermore, all of them acknowledge that grasping the entirety of the knowledge, without neglecting any part of it, is not a level that has been attained by anyone among them. Nor has anyone from the scholars of the past or those of the present claimed to have reached it. For this reason, the Imaams of the Salaf those whose knowledge and merits are widely and unanimously agreed upon used to accept the truth from anyone that disclosed it to them, regardless if he was young.(4) And they used to advise their companions and followers to accept the truth, even if it appeared in another person's sayings.
An example of this is found in 'Umar's (r) opinion concerning the dowry of women. So a woman responded to him by reciting Allaah's statement:
"But if you intend to replace a wife with another, and you have given one of them a qintar (large amount of gold in dowry), take not the least bit of it back." (5)
Upon this, 'Umar went back on his opinion and said: "A woman has spoken the truth and a man has erred." (6) And it has also been reported that he said: "Everyone is more knowledgeable than 'Umar." (7)
Some of the famous (scholars) used to say, upon having formulated an opinion concerning a matter: "This is the opinion that we have derived. So anyone that brings an opinion better than it, we shall accept it (from him)."
Imaam Ash-Shaafi'ee used to go to great extents in regards to this understanding. Thus, he used to advise his companions to follow the truth and to accept the Sunnah, even if it should appear to them in contradiction to his (own) opinions. And that they should, at that point, throw his opinion against the wall.(8) And he used to say in his books (9) "There is no doubt that you will find in them (my opinions) that which contradicts the Book and the Sunnah. This is because Allaah, the Most High, says:
'And if it (the Qur'aan) were from someone other than Allaah, you would find many contradictions in it.' (10)"
And what is more profound than this is his saying: "No one ever debated me except that I noticed: either the truth was manifested upon his tongue or upon my tongue."
This indicates that his intention was for nothing else but to expose the truth, even if it were found upon the tongue of someone other than him, such as the ones he debated or differed with.
And whosoever possesses this type of condition, then indeed he will not hate having his opinion rejected, nor having his contradiction of the Sunnah clarified, whether during his lifetime or after his death.
This was the way the scholars of Islaam from past and present those who are the protectors of it and who rise to support it used to think about others. And they did not used to detest the objection they received from anyone that opposed them with a proof that was presented to him. This was even if the proof that these individuals (who opposed them) used was not strong according to them, such that they would take hold of it and abandon their proof in place of it.
Due to this, Imaam Ahmad (ra) used to mention Ishaaq Ibn Raahawaih (ra) while praising and commending him. And he used to say: "Even if he does contradict (me with regard to the Sunnah) in some matters, then indeed, the people will never cease to differ with one another." Or it is as he said.
And many times he (ra) was presented with the words of Ishaaq and others and their sources from where they derived their opinions. But he would not agree with them in their opinion. Nor would he reject their views or their evidences for it, even though he would not agree with any of it. (11)
And Imaam Ahmad (ra) approved of what was related from Haatim Al-Asam, when it was said to him: "You are a non-Arab and do not speak eloquently, yet no one debates with you, except that you silence him. So with what do you gain victory over your opponents?" So he responded: "I become happy when my opponent speaks correctly (on a point). I become grieved when he errs. And I withhold my tongue from him, lest I should say something that would upset him." (or something with this meaning) So Ahmad (ra) said: "There is no one wiser than him"
Therefore, refuting weak (erroneous) teachings and clarifying the truth with regard to what opposes it, based upon sound evidences, is not from that which was detested by these scholars. Rather, it was from that which they loved and for which they commended and praised those who did it.
So it does not enter into the realm of backbiting at all.
Rather, what is incumbent upon each Muslim is that he love that the truth be made manifest and that the Muslims (in general) are aware of it, regardless if it is in conformity or in opposition to his view.
This is from the aspects of sincerity (naseehah) towards Allaah, His Messenger, His Religion, the leaders of the Muslims and the common folk. And this is, in fact, the Religion itself, as the Prophet (saw) has informed us. (12)
As for clarifying the mistake of one of the scholars who has erred before his time, then: If one observes good manners in his speech and does well in his refutation and response, then there is no harm upon him nor is there any blame that he can be accused of. And if there comes out from him, that he is misled by the (erroneous) opinion, then there is (also) no harm upon him.
When a statement would reach some of the Salaf that they rejected, they would say: 'This person has lied.' This example is taken from the statement of the Prophet (saw): 'Abu As-Sanaabil has lied', (13) when news reached him r that he issued a ruling that a woman whose husband passed away, while she was pregnant, was not permitted to relocate until fourteen months had passed by, due to her pregnancy.
And indeed the righteous scholars have gone to great lengths in forsaking the weak sayings (opinions) of some of the scholars. And they refuted them with the highest degree of refutation, as Imaam Ahmad (ra) used to censure Abu Thawr and others for weak opinions they had stated, apart from their other sayings. And he went to great extremes in refuting them.
This is the ruling for these matters, on the outward. As for the inner affairs, then if ones objective in doing that (criticizing) is to clarify the truth and so that the people will not be deceived by the works of those who
erred in their writings, then there is no doubt that this individual's aim will be rewarded. And his doing this, along with this intention, causes him to fall into the category of being from those who show sincerity to Allaah, His Messenger, the scholars of the ummah and its common folk. And it is the same whether the one who clarifies the mistake is young or old. Thus, he should take his example from those of the scholars who refuted the opinions of Ibn 'Abbaas (r), which have been declared irregular, as well as his (r) other weak opinions that have been rejected by thescholars, such as with regard to mut'ah (temporary divorce), sarf (bartering), 'umratain and other than that.(14)
And he should take his example from those who refuted the opinion of Sa'eed Ibn Al-Musayyib (ra) concerning his making permissible the divorcing of ones wife three times simply upon the contract (i.e. without having consummated the marriage) and other than that from that which contradicts the established Sunnah. And he should take from the example of those who refuted Al-Hasan Al-Basree with regard to his opinion about the abandonment of the wife's mourning for her deceased husband. And those who refuted 'Ataa for his opinion with regard to returning (some money back) for having entered into the (divorced wife's) private parts (after divorce). And those who refuted Taawoos in the issues in which he differed from the scholars. As well as all those (those other scholars) of whom the Muslims have agreed upon their guidance, knowledge, respect and reverence. And what each of them contradicted (of the Sunnah) from these (Fiqh) issues did not cause any of these scholars to be defamed or (that mistake) to be represented as a defect on their part.
The books of the Muslim scholars from past and present, such as the books of Ash-Shaafi'ee, Ishaaq, Abu 'Ubaid, Abu Thawr and those scholars of Hadeeth and Fiqh that came after them, are filled with the clarifications of these opinions and their claims that these opinions do not have much benefit in them. And if we were to mention that in words, this discussion would be severely prolonged.
As for if the objective of the one refuting is to expose the faults of the one being refuted and to debase him and to manifest his ignorance and shortness of knowledge, then this is forbidden, regardless if his refutation of that is done in the face of the one being refuted or in his absence. And it is the same whether the refutation is done during that individual's lifetime or after his death. This type of action falls under the acts which Allaah repudiates in His Book and which He threatens the one committing it, concerning his slander and backbiting. Similarly, it falls into the statement of the Prophet (saw):
"O you group of people that believe with your tongues and not with your hearts! Do not abuse the Muslims nor seek after their faults. For indeed, he who seeks after their faults, Allaah will seek after his faults. And whomsoever has Allaah seek after his faults, He will expose them, even if he may have committed them in the privacy of his own home." (15)
All of this is in respect to the scholars that are followed in the Religion. As for the people of innovation and misguidance and those who imitate the scholars but are not from them, then it is permissible to expose their ignorance and to manifest their deficiencies, in order to warn others against following them. (16) However, our discussion now is not concerning this topic and Allaah knows best.