and Ibn Daqiq said: “It meets Muslim’s criteria.” (1)
4—Abu Dawud narrated: Muhammad ibn ‘Isa narrated to us; ‘Attab—that is, Ibn Bashir—narrated to us, from Thabit ibn ‘Ajlan, from ‘Ata’, from Umm Salamah, may Allah be pleased with her, who said: “I used to wear gold ornaments, and I asked, ‘O Messenger of Allah, is this hoarded treasure?’ He replied, ‘Whatever reaches the amount upon which zakah is due, and whose zakah is paid, is not hoarded treasure.’” (2)
It was also recorded by al-Bayhaqi, al-Daraqutni, and al-Hakim, who said: “It is authentic according to al-Bukhari’s criteria, though they did not record it.” Al-Dhahabi also authenticated it. Al-Bayhaqi said: “Ibn ‘Ajlan was alone in narrating it.” In al-Tanqih, it states: “This causes no harm, for al-Bukhari narrated from Thabit ibn ‘Ajlan, and Ibn Ma‘in and al-Nasa’i declared him trustworthy. ‘Abd al-Haqq’s statement concerning him—‘His hadith is not accepted as proof’—was not made by anyone else. Ibn Daqiq said: ‘Al-‘Uqayli’s statement regarding Thabit ibn ‘Ajlan, “No one corroborates him in his hadith,” is unduly harsh.’”
If it is argued: Perhaps this was at a time when wearing jewelry was prohibited, as claimed by those who deny the obligation of zakah on jewelry.
The answer is that this is untenable, for the Prophet, peace and blessings be upon him, did not prohibit wearing it; rather, he approved of it while warning against neglecting its zakah. Had wearing it been prohibited, he would have commanded that it be removed and warned against wearing it. (3) Moreover, abrogation requires
(1) Al-Talkhis al-Habir, 2:178.
(2) Its source has been cited previously, p. 129.
(3) This is one of the responses offered by those who maintain that no zakat is due on jewelry. They say that these hadiths refer to the period before adornment was made lawful—that is, when wearing jewelry was prohibited. As you know, this requires establishing two matters:
First, that such prohibition actually occurred.
Second, that it was abrogated.
If these two matters are established, this response may be advanced. Moreover, this hadith indicates that the Prophet, peace and blessings be upon him, approved of wearing it; he merely made zakat obligatory and warned those who failed to pay it. Thus, this response is not sound.
(1) Abrogation cannot be established by mere possibility. It may be possible that a text was abrogated, but this is insufficient; rather, it must be known that the abrogating text came later. This is because abrogation has two indispensable conditions:
First, reconciliation between the texts must be impossible. If they can be reconciled in any way—for example, through specification, qualification, or the like—then one should not resort to abrogation. Abrogation is a serious matter, for it entails setting aside and nullifying one of the two texts; it is not something trivial.
Second, it must be known that one text came after the other—that is, that what is claimed to be abrogating came after what is claimed to be abrogated. If this is not known, then there can be no abrogation.
But what should our position be if abrogation is not established and reconciliation is impossible?
The answer is that, before suspending judgment, we turn to another method: preference. We consider which of the two is stronger. The methods of preference are well known among scholars of legal theory and hadith scholars.
If no preference can be determined, then suspension of judgment becomes necessary, and we say: Allah knows best. In practical terms, however, this may present a problem, because an ordinary Muslim will not be satisfied when told, “I suspend judgment”; rather, he will say, “Give us a legal ruling.” What should we do in such a case?
The apparent view—and Allah knows best—is that we resort to ijtihad (independent legal reasoning) and adopt either the more cautious position or the position more consistent with the Shariah. The position more consistent with the Shariah is the easier one, whereas precaution is the stricter one. Reaching the point of suspending judgment is not due to any deficiency in the text or evidence itself; rather, it may arise from the individual considering the evidence. The texts may appear conflicting to him because of his limited knowledge, negligence, bad intent, or poor understanding.
This answers the claim that the warning applied when wearing jewelry was prohibited. We reply that this is untenable, because the Prophet, peace and blessings be upon him, did not prohibit wearing it; rather, he approved of it while warning against neglecting zakat. Had it been forbidden, he would have warned against wearing it and prohibited it. Thus, this response is invalid.
Furthermore, if it is claimed that the ruling belonged to the period when jewelry was prohibited, and that this was later abrogated in favor of permissibility, evidence is required to establish which text came later and that reconciliation is impossible, since abrogation has two indispensable conditions:
First, the impossibility of reconciliation.
Second, knowledge of the later text.
Even if we were to assume that this occurred during the period of prohibition, the cited hadiths of Aishah, Umm Salamah, and the woman indicate permissibility on the condition that zakat be paid. Thus, even if we assume that this was during the period of prohibition, the evidence indicating permissibility qualifies it with the payment of zakat. There is no evidence that this condition was lifted and that wearing jewelry became unconditionally permissible. This assumption—that the matter concerned the period of prohibition—therefore falls away.
Thus, the response is from three angles:
First, the hadith and its narrator have been criticized.
Second, even if the criticism of the narrator is set aside, it cannot conflict with the hadiths establishing obligation. For a conflicting report must be of sufficient strength to stand against the reports it is claimed to oppose.
Third, even if conflict, equality of strength, and direct opposition are assumed, adopting the view that zakat is obligatory is more cautious and more certain to discharge one’s liability. For this reason, some scholars, such as Shaykh al-Shanqiti in Adwa al-Bayan, held that the view of obligation is the more cautious one, as a matter of precaution.