The tradition of Jabir is one of the references which the Wahhabis rely on to prove the matter of prohibition of construction of the grave. This tradition has been narrated in different ways in the books of Sihah and Sunan of the Ahl al-Sunnah and in all the references we see the names of Ibn Jurayh and Abu al-Zubayr.
We shall investigate them by narrating all the phases of tradition with their references and then mention our own views regarding the scale of its competency based on logical reasoning.
Muslim narrates in his Sihah in the chapter
We shall investigate them by narrating all the phases of tradition with their references and then mention our own views regarding the scale of its competency based on logical reasoning.
Muslim narrates in his Sihah in the chapter
‘Prohibition to plaster-mould or make construction on a grave’
The tradition of Jabir is reported with three chains of narration, and with two texts. The first one is:
1.“It is narrated from Abu Bakr bin Shaybah, (who said) Hafs bin Ghiyath narrated to us, from Ibn Jurayh, from Abu al Zubayr from Jabir who said that The Prophet of God (s) prohibited the plastering of graves and prohibited anyone from sitting or constructing over them”
2.
Here the text of the tradition is indicated to be the same but its chain of narration differs slightly from the first.
3.
“The Holy Prophet (s) prohibited the plastering of graves.” [1]
Sahih al-Tirmidhi narrates one tradition with one chain of narration.
in chapter entitled
‘Abominability of plaster moulding and writing on graves’
4.
“The Holy Prophet (s) prohibited us from plastering the graves and writing on them, and from making and constructing over them.”
Thereafter al-Tirmidhi narrates from al-Hasan al-Basri and al-Shafi’i that they have permitted growing of flowers over the grave. [2]
Ibn Maja narrates a tradition with two texts and two chains of narration in his Sahih in the chapter entitled:
‘What it is been said, is about prohibition of building, plaster-moulding and writing on graves (engraving)’
5. & 6.
It is narrated from Azhar ibn Marwan, Muhammad-ibn-Ziad said Abdul Wareth has narrated to us from Ayub from Abi-Zubairfrom Jaber that Prophet (s) of God has prohibited from plaster-moulding on graves.
Abdullah-ibn-Saeed narrated us, Hafs from Ibn Jarih from Sulaiman Ibn Musa from Jaber that Prophet (s) of God has prohibited to engrave anything on graves.[3]
After narrating this tradition, the commentator al-Sindi, quotes al-Hakim al-Naysaburi and says:
“The tradition is Sahih but not practical because the Islamic leaders from East to West have been writing over the graves. This is a practice which the people have adopted from the past generations.”
al-Nasa’i narrates in his Sahih in the chapter of
with two chains of narration and two texts:7. & 8.
Yousuf bin Saeed reported to us that Hajjaj narrated from ibn ibn Jarih who said I heard from Abu Zubair who heard Jabir he said that Prophet (s) of God prohibited to plaster-mould or build on a grave or someone sitting on it.
Imran ibn Musa reported to us who said, narrated to us Abdul Warith, who said narrated to us Ayub, from Abi Zubair, from Jabir who said that Prophet (s) of God prohibited to plaster mould graves. [4]
In the Sunan of Abu Dawud (vol. 3, p. 216) chapter
of tradition of Jabir is narrated with two chains of narrations and two texts:9. & 10.
“…..Abu Dawud says: “The Holy Prophet (s) has prohibited us from writing over the grave or from raising it.”
Imam Ahmad bin Hanbal in his al-Musnad has narrated the tradition of Jabir as follows:
11.
From Abd al-Razzaq from Ibn Joraih who reported from Abu Zubair that Jabir Ibn Abdullah said that I heard from Prophet (s), he prohibited people from sitting on grave or plaster- moulding or building on it. [5]
These were the various forms of the tradition that have been narrated with different chains of narration and texts. Now let us see whether the tradition can be rationalized or not.
Points of Weakness in this Tradition
The tradition of Jabir is faced with a series of problems that no logical reasoning can be based on it.
Firstly: In all the chains of transmission of this tradition, Ibn Jurayh [6] and Abu al-Zubayr [7] have either both come together or at least one of them has been mentioned. Now if the position of these two persons is clarified, then it would be needless to discuss about other people who have come in the chains of transmission of this tradition. Although a section of the narrators are from the unknown and weak still by clarifying the position of these two people it is not required to discuss and talk about the others.
Ibn Hajar al-‘Asqalani narrates in Tahdhib al-tahdhib about Ibn Jurayh quoting from the distinguished scholars as follows:
Yahya bin Sa’id was asked about the hadith of Ibn Jurayh to which he said: ‘If Ibn Jurayh does narrate a tradition from the book, he cannot be relied upon’. It was said to him that he uses akhbarani (technical term used in isnad followed by identification of the transmitter from whom the report was obtained), to which he said, ‘It’s nothing… all of it is weak.’
He narrates from Ahmad bin Hanbal that if Ibn Jurayh says:
“..that so and so said such and such then he has narrated a false tradition.”
Malik bin Anas says: In the matter of traditions Ibn Jurayh is like one who collects twigs in the darkness of night. (where his hand will be bitten by snake and scorpion).
From al-Darqutni, who says:
Keep away from the craftiness (presenting the false to be true) of Ibn Jurayh for he plays a dirty hypocrisy. Whenever he hears a tradition from a weak person, he presents it in such a manner that as if it was from a reliable person.
From Ibn Hibban who says that: Ibn Jurayh plays trickery in tradition. [8]
With such judgements from the scholars of ‘ilm al-rijal can one rely on the tradition of such a person and in contrast to the decisive path of the Muslims who were always renovating the graves of awliya Allah and respecting them, is it possible to have confidence in such a narrator?
About Abu al-Zubayr’s position, Ibn Hajar narrates the following sentences from the scholars of rijal:
The son of Ahmad bin Hanbal narrates from his father who narrates from Ayyub that he (i.e. Abu al-Zubayr) was weak in hadith.
Ibn Hajar narrates from Shu’ba that Abu al-Zubayr did not know how to recite his prayers properly. Again he narrates from him as such: “I was in Mecca when a person came to Abu al-Zubayr and asked him some questions to which the latter started to defame him. I told him that he was accusing a Muslim. He replied: He has made me angry. I informed him that since he was defaming everyone who made him angry I would no longer narrate any tradition from him.”
Again Ibn Hajar asked Shu’ba as to why he stopped narrating tradition from Abu al-Zubayr. He replied: “I saw him openly performing bad deeds.”
Ibn Hajar narrates from Ibn Abi Hatim that he asked his father about the character of Abu al-Zubayr to which he replied: “His traditions are written but they cannot be relied upon.”
Ibn Hajar further narrates from him that the latter informed Abu Zur’a that people were narrating traditions from Abu al-Zubayr and asked him whether he could be relied or not.
He replied: ‘The tradition of only a trustworthy person can be used as an argument (a sarcastic remark to indicate that he was not a trustworthy person)’.
This is the position of these two persons who have come in all the chains of narration of the tradition. Is it possible to rely on a hadith that is reported by these two persons?
Even if we assume that others mentioned in the references are reliable (while in fact some of them like ‘Abd al-Rahman bin ‘Aswad were accused of being liars), can such a tradition be used as argument when its narrators are these two people.
Is it really fair that with such a tradition that is having such a weak authencity, one can destroy the traces of household of the prophet and his companions and find fault with the actions of the Muslims in these fourteen centuries?
Secondly: The tradition is a matter of concern from the viewpoint of text. This is because of the fact that the narrators have not heeded sufficient attention to memorising its text. And this concern is such that a person loses confidence in them. Now we shall describe the kind of concern:
The tradition of Jabir has been narrated in seven forms whereas the Holy Prophet (s) has mentioned that in one form. Here are the descriptions of the seven forms:
1. The Holy Prophet (s) has prohibited plastering of the graves and resting or constructing a structure over them. (Tradition no 1, 2 and 9).
2. The Holy Prophet (s) has prohibited plastering of graves.
(Tradition no.5 and 8).
3. The Holy Prophet (s) has prohibited plastering, writing, constructing and walking over the graves. (Tradition no.4).
4. The Holy Prophet (s) has prohibited writing over the graves.
(Tradition no.6).
5. The Holy Prophet (s) has prohibited sitting over the grave or plastering and constructing and sitting over it. (Tradition no.10)
6. The Holy Prophet (s) has prevented from sitting, plastering or constructing over the grave.
(Tradition no.11) This one differs from the first where in the first form resting is prohibited while here sitting is prohibited).
7. The Holy Prophet (s) has prohibited from sitting, plastering, constructing and writing over the grave or raising the grave. Here, the prohibition of writing over the grave and raising the grave is added.
Apart from this, there are some differences and contradictions among the interpretations. In the first case, resting is mentioned; in the third case walking is mentioned and in the fifth and sixth case we find sitting.
With such problems, no jurisprudent (faqih) can rely upon this tradition.
Thirdly: Assuming that the chains of narration of this tradition are reliable, it does not indicate more than that the Holy Prophet (s) prevented construction over graves. However, preventing one thing is no proof of its being prohibited because prohibition sometimes is of haram type and sometimes of makruh type and prohibition has been mostly used in the makruh sense in the discourse of the Holy Prophet (s) and other religious leaders.
It is true that the first meaning of prohibition that is to say in real term is ‘nahi’ which is same as haram and till a proper terminology for another meaning is not found, we can never take it to be makruh, yet the scholars and the fuqaha have not taken this tradition to be anything but in the makruh sense. For example, al-Tirmidhi in his Sahih narrates the tradition under the chapter
A clear proof that it is makruh is the same which al-Sindi, commentator of Sahih Ibn Maja narrates from al-Hakim al-Naysaburi who says that none of the Muslims have acted upon this prohibition. That is to say he has not presented it to be a prohibition in the haram sense calling to witness the fact that all Muslims have been writing on the graves.
Another proof that this prohibition is in the makruh sense is the consensus of the Islamic scholars upon the permissibility of construction over the grave except that if the land is endowed.
The commentator of Sahih Muslim in his commentary of this tradition writes:
“Construction over the grave in the land belonging to the owner of the grave is makruh and in the endowed land is haram. Al-Shafi’i has emphasised upon this matter and even brought the tradition under the title of chapter.” [9]
However, it is obvious that a thing being makruh does not become an obstacle. The fact being that sometimes due to a series of affairs that makruh gets eliminated. Whenever renovation of grave becomes the source of protection of the originality of Islam or the source of manifestation of love for the owner of grave which God has made their love obligatory or the source of protection of Islamic signs or becomes the cause for the visitors to recite Qur’an and invocation under the shade of the structure over the grave than surely not only such benefits (which arise from the construction over the grave) eliminate the makruh element but make them mustahab (recommended).
The decree of mustahab or makruh changes under various pretexts. It is likely that a makruh becomes good due to some pretext or a series of mustahabi (recommended) affairs become abominable due to some other events because makruh and mustahab of one thing is nothing but expedient for being hated or loved respectively. But these expedients are effective under the condition that no obstacle nullifies their expediences and effects and this matter is clear for those people who are acquainted with Islamic jurisprudence (fiqh).
Notes :
[1] Sahih Muslim, kitab al-jana’iz, vol. 3 p. 62.
[2] Sunan al-Tirmidhi, (ed. by ‘Abd al-Rahman Muhammad ‘Uthman, al-Maktaba al-salafiyya), vol. 2 p. 208.
[3] Sahih Ibn Maja, kitab al-jana’iz, vol. 1, p. 473.
[4] Sahih al-Nasa’i (printed with commentary of Jalal al-Din al-Suyuti), vol. 4 pp. 87-88 .
[5] Ibn Hanbal, al-Musnad, vol. 3 p. 295 and p. 332, and he narrates from Jabir in the mursal form on p. 399.
[6] He is ‘Abd al-Malik bin ‘Abd al-‘Aziz bin Jurayh al-‘Umawi.
[7] He is Muhammad bin Muslim al-‘Asadi.
[8] Ibn Hajar al-‘Asqalani, Tahdhib al-tahdhib, (Dar al-ma’arif al-nizamiyya), vol. 6 p. 402, 404 and p. 506.
[9] Sahih Muslim, (Egypt), vol. 3 p. 62.
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