Azami 6380

Muslim narrated it in the Book of Marriage (141/1442) via a route from Abdullah bin Yazid Muqri, who said, Saeed bin Abu Ayub told us, Abu Aswad told me, from Urwa, from Ayesha, from Judama bint Wahb, and he related it.Ubaydullah added in his version, narrating from Muqri, "And when the girl who was buried alive is asked" [Takwir 81:8]. Judama is spelled with a jim, and whoever spells it with a dhal has made a copying error, as Daraqutni said. Abu Aswad is Muhammad bin Abdul-Rahman bin Nawfal.Umar and his son Abdullah used to forbid withdrawal. It has been narrated that Ibn Umar used to beat his sons for practicing it. It has also been narrated that Ali bin Abu Talib and Abdullah bin Masud disliked withdrawal, though permission has likewise been narrated from both of them.Bayhaqi mentioned this (7/231) and said, after reporting the hadith of Judama, "We have also narrated from the Prophet ﷺ the opposite of this concerning withdrawal. The narrators of permission are more numerous and more reliable in memory, and it was permitted by those companions we have named, so that view is preferable, and the dislike shown by those among them who disliked it can be taken as a matter of preference rather than outright prohibition."Tahawi held that the hadith of Judama was abrogated, because its ruling had been based on the law of those who came before him, for he ﷺ had been commanded to follow the earlier prophets, as Allah said, "So follow their guidance" [Anam 6:90]. Then Allah Most High informed him of their falsehood, and that the matter was in reality otherwise, and revealed to him in His Book what determines the point at which burying alive actually occurs, that being His statement, "And certainly did We create man from an extract of clay. Then We placed him as a sperm drop in a firm lodging. Then We made the sperm drop into a clot, and We made the clot into a lump of flesh, and We made from the lump, bones, and We covered the bones with flesh, then We developed him into another creature. So blessed is Allah, the best of creators" [Muminun 23:12–14]. Thus He informed him of the point at which life enters the creature formed from the sperm drop. So it becomes possible for it to be buried alive at that point and thereby be killed, whereas before that point it is not alive, and is like all other things that have no life in them.Then he mentioned the report of Ali bin Abu Talib, saying, Salih bin Abdul-Rahman told us, he said, Abdullah bin Yazid Muqri told us, he said, Ibn Lahia told us, from Yazid bin Abu Habib, from Mamar bin Abu Hayya, who said, I heard Ubaydullah bin Rifa Ansari say, the companions of the Prophet ﷺ discussed withdrawal in the presence of Umar bin Khattab ﷺ, and they disagreed about it. Umar said, "You disagree, and you are the choicest men of Badr, so how will the people be after you?" Then two men began whispering to each other, and Umar said, "What is this whispering?" He said, "The Jews claim that it is the lesser burying alive." Ali said, "It cannot be considered burying alive until it passes through the seven stages, 'We created man from an extract of clay' [Muminun 23:12]" to the end of the verse. Umar was amazed at his words and said, "May Allah reward you well."Ibn Hajar summarized Tahawi's discussion in Fath al-Bari (9/309) and then said, Ibn Rushd, and then Ibn Arabi, criticized him for not committing definitively to anything by following the Jews, while at the same time explicitly declaring them liars in the matter... Then he said, "They reconciled between rejecting the Jews' statement about 'the lesser burying alive' and affirming that it is 'a hidden burying alive' in the hadith of Judama, by explaining that the Jews' statement 'the lesser burying alive' implies that it is an apparent burying alive, only minor in comparison to burying a newborn after it has been delivered alive. This does not contradict his statement that withdrawal is a hidden burying alive, for that indicates it is not in the category of the apparent at all, so no ruling follows from it, and it was only called burying alive because it shares with it the interruption of birth."