Bismillahi Al-Rahmani Al-Rahim

 Not Hanbali Fiqh (2)
al-salamu `alaykum

A member sent the following letter. I have made a few comments between (m: ... ).
As-Salaamu 'Alaikum brother,

 (m: wa `alaykum al-salam wa rahmatullahi wa barakatuhu)

 Please take it as general Naseehah/corrections brother, for give me for making it short due to lack of time:

 (m: I always take into consideration nasihah that is sent to me directly. Allah giving me with an opportunity to correct a few of my innumerable is an enormous blessing, so in sha Allah you have compounded rewards of giving nasihah and the execution of the nasihah.)

 1) Because you haven't read Sheikh Ibn Baz's article, you should clarify that your words are directed to the translator, and not the Sheikh, or at least so I assume by giving the benefit of doubt, for if it wasn't the case, then I don't think the tone of the e-mail was appropriate for Sheikh Ibn Baz, for whoever much we disagree with a scholar, he is to be addressed with respect and general conditions and Munatharah do apply.

 (m: On this I agree absolutely. This is why I wrote "It is impossible for me to confirm what Sheikh Ibn Bazz (may Allah be merciful with him) said, but I'm quite sure that what he said is that the person is an innovator (mubtadi`)" which really is not emphatic enough. My comments should not be taken as addressed to Sheikh Ibn Bazz.)

 2) I don't think the translation below is correct for the Sheikh would never use the word "Heresy" if means atheism and such nor do I think the Sheikh would call a person who verbally makes his intention a Mubtadi'. I think what he says is that the act itself is Bid'ah, as does Ibn Taymiyah, not only with regards to this issue, but also with regards to shaking one's private part after urination, for example. Therefore, it would be incorrect to understand from that, the Sheikh Ibn Baz, renders a large portion of the Ummah outside the fold of Islfor verbally making intention. Whatever the case, I couldn't find in al-Furoo' where Ibn Muflih prefers the opinion of making intention verbally, is it possible if you could quote what he said (in Arabic if possible)?

 (m: A found a copy of a book titled Tuhfat al-akhwan bi ajwibat muhimmat tata`allaq bi arkan al-islam, authored by Sheikh Ibn Bazz himself. Someone sent me this book several years ago, and I forgot that I still had it. On page 63 someone asks about the same issue, and the Sheikh makes no mention of what the ruling of the person who does this, nor does he give a ruling for the action. He does say that it is baseless in the Shari`a.

I agree with you that the Sheikh probably said on this matter is that the act itself is an innovation (bid`a), as this is what Ibn Taymiyyah (may Allah be merciful with him) said. The Sheikh's other writings indicate that he is at least as careful as everyone else in labeling the act innovation and not labeling the actor an innovator. May Allah reward you for pointing this out.

As for the quote from Al-Furu`, please try 1:139 instead of ten pages before, and look to the third line on the page. This is, roughly, the second page of Bab al-wudu. If you have it on CD you can look for the phrase "wa mahalluha al-qalb" or "wa yusann nuqtuhu biha sirran".)

 3) True, those who completely turned a blind eye to the 4 Mathahib are deluded, because you will find them all on the Math-hab of Dawud adh-Dhahiri. There is also the other extreme to this issue, and that is for one to take the Matn of the Math-hab is the Quran and one of its Shurooh as Sunnah, and the best of affairs are the moderate ones.

 (m: Agreed.)

 4) As for saying that truth cannot lie outside of the four Mathaahib, then that is not true, by the mere fact, that majority of the Sunni scholars consider the Dhahiris' differences, except when the difference is due to their negation of Qiyas, or restricting Ijma to the companions only. Even Ibn Taymiyah went outside the four Mathaahib in his Ikhtiyarat, and Allah knows best.

 (m: But what does it mean for the something to be outside of the four madhhahib? What I understand from this is that the correct answer will always lay within (a) that which their usul, when properly applied, leads to, or (b) the entire catalog of opinions within the four madhhahib. Both (a) and (b) are quite broad, something that one cannot realize unless one reads books that focus on the differences of opinions within a particular madhhab.

Also, regarding the Zahiris, there is a difference between taking them into consideration when determining ijma` and making taqlid of or fatwa based on the madhhab. The first is necessary, while the other two are differed about, with the third being very probably impermissible for the reasons previously covered in messages on the subject.

And Allah knows best.)

 5) Surely, if you really want to win the hearts of a people, you cannot possibly do that by demonstrating hostile attitude towards them or slamming them in every other post. This confirms what the Prophet SallAllahu 'Alaihi wa-sallam said: Whenever gentleness is in something it does nothing but beautifies it, and whenever harshness is in something, it does nothing but makes it ugly. Yes, I know you have been (as I have been) at the receiving end of some Dhahiris (who call themselves Salafis), but we are still required to demonstrate the best of manners and patience, and Allah knows best.

 (m: Shukran.)

 I only intended to mention these points because I love you for the sake of Allah, no ill feelings InshaaAllah.

 (m: As I love he who loves me because of Him. And absolutely no ill feelings whatsoever. The opposite, in fact.)

 Was-Salaamu 'Alaikum

 (m:
wa `alakum al-salam wa rahmatullahi wa barakatuhu
--musa
)