But if some harm results from this, we prohibit it—not because it is a daff, but because of the harm involved. The same applies to all permissible matters: if harm results from them, they are prohibited, not in themselves, but because of what results from them.

There are other musical instruments, such as flutes, tambours, rebabs, and the like. These are not permissible under any circumstances, due to the hadith of Abu Malik al-Ash'ari—may Allah be pleased with him—that the Prophet—may Allah’s blessings and peace be upon him—said: “There will certainly be among my community people who will deem lawful illicit sexual relations, silk, wine, and musical instruments.” (1)

“Illicit sexual relations” here means the private parts; what is intended is adultery and fornication. Wine is everything that intoxicates. Silk is a well-known type of clothing, but it is not forbidden to women because they need to wear it. Musical instruments are well known. Deeming them lawful takes two forms: either one believes that they are lawful, just as one wears his garment; or one engages in them as someone who deems them lawful would do, while believing them to be forbidden. Both are found today. Some people hold that musical instruments are lawful, whether through independent reasoning, interpretation, or merely through whim. They say, “People differ regarding these musical instruments, and I consider them lawful,” without any independent reasoning whatsoever. Others engage in them as one who deems them lawful.

As for the first category, some eminent scholars fell into it. They declared the hadith of Abu Malik al-Ash'ari—may Allah be pleased with him—weak on the grounds that al-Bukhari—may Allah have mercy on him—reported it in suspended form, and a suspended report is one type of weak hadith. They therefore said that musical instruments are lawful. Among those who held this view was Ibn Hazm al-Zahiri—may Allah have mercy on him.

But this view is weak, and the claim that the hadith is discontinuous is also—