General Rules of Jurisprudence Lesson 6 LA DHARAR – NO HARM لا ضرر The rule The source Conditions Few implementations

The rule of NO HARM IN ISALM It is one of the most important rules. Every religious rule in Islam is based on the condition that it is harmless, there is no harm in the action which is associated with such rule. So when ever there is harm in an action which is associated with a rule, such rule will be void. That rule being void due to the harm could be an obligatory or prohibition.

The source: Famous Hadeeth The Prophet (S) said: LA DHARAR WA LA DHERAAR (No harm and causing Harm) قال ( ص ): لا ضرر و لا ضرار This hadeeth has been narrated in three cases: 1.Case of SAMRA son of JUNDOB 2.Case of SHOFAA الشفعة 3.Case of watering the palm trees in Madina for the Bedwins (nomad). In both of these three cases the Prophet (S) made a general comment from where this general rule is derived. This general comment is considered to be proven by TAWATOR, though the specific narrators are not all authentic, but the general comment of the Prophet (S) has been proven by multiple narrations.

Story of SAMARA son of JUNDOB عن زرارة عن ابي جعفرعليه السلام قال : ان سمرة بن جندب لعنه الله كان له عذق في حائط لرجل من الانصار وكان منزل الانصاري بباب البستان وكان يمربه إلى نخلته ولا يستأذن، فكلمه الانصاري أن يستأذن اذا جاء فأبى سمرة، فلما تأبى جاء الانصاري إلى رسول الله صلى الله عليه وآله فشكا اليه وخبره الخبر، فارسل اليه رسول الله صلى الله عليه وآله وخبره بقول الانصاري وما شكا اليه، فقال : إذا اردت الدخول فاستأذن فأبى، فلما ابى ساومه حتى بلغ له من الثمن ما شاء الله فأبى ان يبيع فقال : لك بها عذق مذلل في الجنة فأبى أن يقبل، فقال رسول الله صلى الله عليه وآله للانصاري : اذهب فاقلعها وارم بها اليه فانه لا ضرر ولا ضرار Zorarah narrates from Imam Abe Jafer (AS), who said: Samar son of Jundob had a branch of dates from his palm tree leaning in wall of the house of an Ansari (people of Madina), And the house of this Ansari was beside the gate of the garden (of Samara), He (Samara) used to pass from the house of this Ansari (to collect the dates) towards his palm tree, the Ansari spoke to him and request him to ask for the permission if he comes next time, but Samara refused to do so, therefore the Ansari came to the Prophet (S) complaining and telling him the incidence.

The respond of the Prophet (S) He called for SAMARA, and asked him to enter with the permission, but he refused, after that the Prophet (S) asked him to sell his palm tree, he refused, the Prophet kept increasing the price, and he kept refusing, until the amount was so high he refused, AT the end the Prophet told him, give up this and you will have an extended branch the Paradise, but he refused to accept this bargain, Finally the messenger of Allah (S) told the Ansari to go, cut the branch and throw it to him, because there is NO HARM AND CUASING HARM “. In other narration he (S) added on the believer بقوله ( على ان قوله صلى الله عليه وآله لسمرة انك رجل مضار ولا ضرر ولا ضرار على مؤمن He (S) told Samara, you are a harm causing man, there is no Harm and causing harm to a believer )

Other two narrations: Both are week, so we will not discuss them in this level. SH. Erawani discusses deep discussions in some issues, which are not suitable for this introductory level, we will postpone it for the level of SUTOOH inshAllah. Other comments such as (on the believer ) in the hadeeth, or (in Islam), are not proven by authentic hadeeth. So we will avoid discussing such comments. One of the Hadeeth which has (In Islam) is narrated by SADOOQ as a MORSAL (unlinked) hadeeth, which S. ALKHOEI, says we cannot accept it, we do not know what were the basis of SADOOQ in accepting it.

Some comments on the HADEETH: If the clause (in Islam) is proven to be a part of the Hadeeth, that is (NO HARM and CAUSING HARM IN ISLAM), (in) will have the meaning of because of Islam. The general comment (LA DHARAR WA LA DHERAR) in the hadeeth, is it an independent sentence by the Infallible (AS) narrating the hadeeth or it is one whole sentence of the Prophet (S) and not a comment of the Infallible (AS)? Yes it is a part of the Prophet (S) hadeeth. There are two LA (NO) in Arabic language,: 1.For prohibiting an action, LA NAHEYA, prohibiting NO, which prohibits and action, which precedes a verb. NO Smoking (LA TAF’AL Do not do) 2.For negating an existence of a thing, LA NAFEYIA, negating LA, which comes before a noun, LA RAJOL NO MEN in the house. The huge debate between the great scholars is, what kind of LA is in the hadeeth of LA DHARAR, is it a prohibiting or negating.

LA (NO) Prohibition or negation This will be discussed in detail in the next lesson, but now just to make it clear we will mention the opinion of S. ALKHOEI: It negates the rule of every which might generate a harm while performing the action associated with such rule. For example: Salaat is an action associated with obligatory rule (WOJOOB), if salaat is going to cause harm, then the rule (Obligatory) will be void, NO OBLIGATORY, or NO RULE that means the rule has gone from the level of existence to non existence. So NO HARM means NO RULE IS VALID IF ITS ACTION LEADS TO HARM or CAUSING HARM TO OTHERS.

The difference between DHARAR and DHERAAR DHARAR: ضرر (noun of verbal noun- ESIM MASDAR) Harm or reduction in the wealth, dignity, and body, or offense on any other personal rights, DHARAR is the action of harm and doesn’t include in it the one who causes. (Harm only) DHERAAR ضرار (verbal noun –MASDAR) Harming other, or damaging wealth, dignity and body, or offending their personal rights, in the word DHERAAR the person who cases the harm is also included. (causing harm) Or harm done by some one with purpose. There is a sense of subject or the one who did the harm in it.

DHERAAR ضرار It indicates the sense of continuation, repetition, with purpose and intentionally, so the meaning in the HADEETH is: You should not HARM intentionally, purposely with lame excuses and wrongful ways. This word has been used in the Quraan as follows: وَإِذَا طَلَّقْتُمُ النِّسَاء فَبَلَغْنَ أَجَلَهُنَّ فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْاْ بَيْنَهُم بِالْمَعْرُوفِ ذَلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللّهِ وَالْيَوْمِ الآخِرِ ذَلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ {232} [Shakir 2:232] And when you have divorced women and they have ended-- their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in Allah and the last day, this is more profitable and purer for you; and Allah knows while you do not know.

وَالَّذِينَ اتَّخَذُواْ مَسْجِدًا ضِرَارًا وَكُفْرًا وَتَفْرِيقًا بَيْنَ الْمُؤْمِنِينَ وَإِرْصَادًا لِّمَنْ حَارَبَ اللّهَ وَرَسُولَهُ مِن قَبْلُ وَلَيَحْلِفَنَّ إِنْ أَرَدْنَا إِلاَّ الْحُسْنَى وَاللّهُ يَشْهَدُ إِنَّهُمْ لَكَاذِبُونَ {107} [Shakir 9:107] And those who built a masjid to cause harm and for unbelief and to cause disunion among the believers and an ambush to him who made war against Allah and His Messenger before; and they will certainly swear: We did not desire aught but good; and Allah bears witness that they are most surely liars.

أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلاَّ تَكْتُبُوهَا وَأَشْهِدُوْاْ إِذَا تَبَايَعْتُمْ وَلاَ يُضَآرَّ كَاتِبٌ وَلاَ شَهِيدٌ وَإِن تَفْعَلُواْ فَإِنَّهُ فُسُوقٌ بِكُمْ وَاتَّقُواْ اللّهَ وَيُعَلِّمُكُمُ اللّهُ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ {282} except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things