The chains of transmission of the different versions of this hadith include al-[Ala’ ibn [Abd al-Rahman, a mawla of al-Huraqah, which is a branch of the Juhaynah tribe. Mawla refers to someone who was a slave but was then freed and who remained loyal to his former master and his tribe. Also, [Uqbah ibn Mukram al-[Ammi is quoted, who belonged to al-[Amm, a branch of the Tamim tribe. The chain includes Abu Nasr al-Tammar, whose name is [Abd al-Malik ibn [Abd al-[Aziz ibn al-Harith, who was the nephew of Bishr ibn al-Harith and was famous for his piety. Muhammad ibn Sa[d says that Abu Nasr was from Nasa in Khurasan, but moved to Baghdad where he became a merchant selling dates and other articles. Hence, he was called al-Tammar, denoting his business was in dates. He was a virtuous and pious man, but God knows best.
i.Related by al-Bukhari, 34, 2327, and 3007; Abu Dawud, 4688; al-Tirmidhi, 2632.
i.Related by al-Bukhari, 33, 2536, 2598 and 5744; al-Tirmidhi, 2631; al-Nasa’i, 5036.
CHAPTER 27
THE STATUS OF ONE WHO SAYS TO HIS MUSLIM BROTHER: YOU ARE AN UNBELIEVER
[114–111]. (Dar al-Salam 0116) Abu Bakr ibn Abi Shaybah narrated: Muhammad ibn Bishr and [Abdullah ibn Numayr narrated; [Ubaydillah ibn [Umar narrated; from Nafi[; from Ibn [Umar that the Prophet said: ‘If a man calls his brother an unbeliever, this applies to one of them’.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا مُحَمَّدُ بْنُ بِشْرٍ، وَعَبْدُ اللهِ بْنُ نُمَيْرٍ، قَالاَ: حَدَّثَنَا عُبَيْدُ اللهِ بْنُ عُمَرَ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «إِذَا كَفَّرَ الرَّجُلُ أَخَاهُ فَقَدْ بَاءَ بِهَا أَحَدُهُمَا».
[115–000]. (Dar al-Salam 0117) Yahya ibn Yahya al-Tamimi, Yahya ibn Ayyub, Qutaybah ibn Sa[id and [Ali ibn Hujr narrated; all from Isma[il ibn Ja[far; from [Abdullah ibn Dinar that he heard Ibn [Umar say: ‘God’s Messenger (peace be upon him) said: “Whoever says to his brother, ‘You, unbeliever’, then it applies to one of them: it is either as he said, or it rebounds on him”.’9
وَحَدَّثَنَا يَحْيَى بْنُ يَحْيَى التَّمِيمِيُّ، وَيَحْيَى بْنُ أَيُّوبَ، وَقُتَيْبَةُ بْنُ سَعِيدٍ، وَعَلِيُّ بْنُ حُجْرٍ، جَمِيعًا عَنْ إِسْمَاعِيلَ بْنِ جَعْفَرٍ، قَالَ يَحْيَى بْنُ يَحْيَى: أَخْبَرَنَا إِسْمَاعِيلُ بْنُ جَعْفَرٍ، عَنْ عَبْدِ اللهِ بْنِ دِينَارٍ، أَنَّهُ سَمِعَ ابْنَ عُمَرَ يَقُولُ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «أَيُّمَا امْرِئٍ قَالَ لأَخِيهِ يَا كَافِرُ، فَقَدْ بَاءَ بِهَا أَحَدُهُمَا، إِنْ كَانَ كَمَا قَالَ، وَإِلاَّ رَجَعَتْ عَلَيْهِ».
Text Explanation
9. Some scholars consider this hadith problematic, as its apparent meaning is not intended because the right view is that a Muslim is not labelled an unbeliever for committing major sins, such as murder and adultery. When he does not consider the Islamic faith to be false, the same applies to calling his brother an unbeliever. Therefore, several explanations of this hadith are given. The first is that it applies to one who considers this legitimate. Such a person is an unbeliever as a result. This is the meaning of ‘it rebounds on him’, meaning the word ‘unbeliever’ rebounds on him. The second explanation is that what rebounds on him is his abuse of his brother and his sinful action of calling him an unbeliever. The third applies to the Khawarij, who considered other Muslims unbelievers. This explanation is quoted by Qadi [Iyad from Imam Malik ibn Anas, but it is questionable because the correct view agreed by the majority of eminent scholars is that the Khawarij are not unbelievers like the followers of other deviant creeds. The fourth is that his action will eventually lead him to disbelief, as it is said that sins pave the way to disbelief: whoever indulges in them may end up in such a woeful state of disbelief. This is endorsed in a version related by Abu [Awanah al-Isfarayini in his book al-Mukharraj [ala Sahih Muslim: ‘It is either as he said it or he himself gets the rebound of disbelief’. In another report: ‘If one says to one’s brother “You, unbeliever”, disbelief inevitably applies to one of them’. The fifth is that what rebounds on him is his action of calling another believer an unbeliever. In other words, what rebounds is not disbelief itself but the accusation of disbelief levelled at a believer. It is as if he describes himself as an unbeliever by describing someone like himself as such, or because he gave such a description to one who is considered unbeliever only by unbelievers who reject the Islamic faith, but God knows best.
The Prophet says that whoever knowingly claims to belong to other than his own father disbelieves. This is given two interpretations: one is that it applies to a person who considers this lawful. The other is that this is a denial of God’s blessings and his duties towards God and towards his father. It is not meant as the denial that takes a person out of the fold of Islam. On a different occasion the Prophet spoke of women ‘disbelieving’, and he meant that they deny the rights of their own husbands and their duties towards them. The Prophet makes this conditional on the person claiming that someone other than his father is his father, being fully aware of his true father’s identity. This condition is necessary because an action is considered sinful if the one who does it knows that it is a sin.
The Prophet also says: ‘Whoever claims what does not belong to him does not belong to us’. Scholars say that this means such a person does not follow our way. It is just like someone who says to his own son: ‘You do not belong to me’. The Prophet tells such a person to ‘take his position in Hell’. This means that his right place is in Hell and this is where he should be. Alternatively, this is a supplication stated in the imperative, which is the weightier view. It means that this is his punishment, and it may be administered or he may be pardoned. He may, alternatively, be guided to repent his deed, and it would be wiped off. This hadith makes it clear that it is forbidden to claim anything that does not belong to one, whether it belongs to someone else or not. It is even unlawful to take something that is given to one by a judge in court if one knows that it is not one’s own, and God knows best. The Prophet further says: ‘Whoever calls a person an unbeliever, or says [to him]: “You, enemy of God”, when he is not so, it shall rebound on him’. The Prophet makes clear that this applies only when the claim is false.
Transmission
Ibn Buraydah mentioned in the chain of transmission is [Abdullah ibn Buraydah ibn al-Husayb al-Aslami and not his brother, Sulayman. Both are graded as reliable and they belonged to the Tabi[in generation as they were twins born during the reign of [Umar ibn al-Khattab. Both Ibn Buraydah and Yahya ibn Ya[mar were mentioned in the first chain of transmission in the Book of Faith. Abu al-Aswad al-Du’ali was called Zalim ibn [Amr, according to the best known view. But other reports give his name differently, suggesting that he is [Amr ibn Zalim, or [Uthman ibn [Amr, or [Amr ibn Sufyan. He lived in Basrah and was its main judge. He belonged to the Tabi[in and was known to be wise, he also established the academic discipline of Arabic grammar. Thus, this chain of transmission features three Tabi[in reporting from one another: Ibn Buraydah, Yahya and Abu al-Aswad. Abu Dharr was a well known companion of the Prophet, and the best known report gives his name as Jundab ibn Janadah, but another suggestion gives his name as Burayr. His mother was Ramlah bint al-Waqi[ah. He was the fourth or fifth person to embrace Islam.