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Old 04-07-2010, 03:20 AM   #8
Teareerah

Join Date
Oct 2005
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440
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Assalam o alaykum,

An ustadh of Abu Dawud at a madrasah in the subcontinent says that Hadhrat Saharanpuri, in explaining this hadith, has mentioned the Shafi'i position on isbal not the Hanafi one. And this is not a fatwa anyway. The position in line with the Hanafi usuls - as adopted by Deobandi scholars including Hadhrat - can be viewed here: http://deoband.org/2009/05/fiqh/misc...ride-in-isbal/
Allamah Anwar Shah Kashmiri says the same thing in al-'Arf al-Shadhi. He said:

"The Shafi'is say: he who does isbal without pride, the warning [in the hadith of Allah not looking at the musbil with compassion] does not pertain to him, and they believe the condition of pride is precautionary[ihtriazi]. As far as the Hanafis are concerned, they cite the ruling [of the prohibition of isbal] unconditionally, and believe the condition [of pride] is co-incidental [waqi'i] [with isbal], and therefore the ruling does not change." (Al-'Arf al-Shadhi, Vol. 3, p. 8)
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