This is the first point.
Secondly, because he saw Duhaym’s narration in Fath al-Bari (10/54), standing out clearly in an abridged form without the story. The phrase “musical instruments”—which no one could possibly overlook—was cited by al-Hafiz to show what had been omitted from Abu Dawud’s abbreviated narration. Yet the man mentioned it in the second column of his article, citing it as proof that it contains no mention of “musical instruments.” He took it from Fath al-Bari while disregarding al-Hafiz’s statement immediately afterward:
“Yes, al-Isma'ili narrated the hadith by this route, through Duhaym’s narration from Bishr ibn Bakr with this chain of transmission, saying: ‘They will deem lawful illicit sexual relations, silk, wine, and musical instruments’—the hadith.”
If it is asked, “How do you know that he saw it?” I say: From my certain knowledge that he read al-Hafiz’s commentary on the hadith and his refutation of Ibn Hazm’s declaring it weak; and from the man’s own response to Ibn Hajar, in the third column, in defense of his declaring Atiyyah ibn Qays weak. He said:
“Accordingly, Ibn Hajar’s statement in Fath al-Bari (10/54), ‘Abu Hatim deemed him strong,’ is not precise!” (1)
You can see, then, that he quoted it from the very same page from which I have just quoted al-Hafiz’s statement concerning al-Isma'ili’s narration. After all this, has he left anyone any room to think well of him?!
Nor is this all; consider what follows: