The Excuse of Ignorance ‫العذر بالجهل‬

Al-‘Allaamah ‘Ubayd bin ‘Abdillâh al-Jâbirî

Questioner:
Regarding the one who says that one can not be excused because of ignorance and
he believes this: can he apply these rulings upon the communities where Shirk
(polytheism), bida‘ (innovations) and ignorance of the narrations of the message (of
Islâm) are widespread?

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

I have spoken a lot about this issue in the answers to some questions - and perhaps
some them were from you - and in my durûs (lessons). The conclusion of what has
been established with us and is seen as the most correct opinion, is that a person is
excused because of ignorance in issues that are hidden (i.e. not known) to those like
him. And this is with regards to ‘Aqîdah (creed) and other than it. And whether the
ignorant ones are groups or individuals, even if ignorance usually spreads more in
communities than it does in individuals. So the further away the people get from the
environment of Ahl-us-Sunnah, the more the ignorance spreads amongst them. So
many people, they grow upon [learning from] evil scholars, people of desires. So they
inherit this from them, and then other generations grow up [upon this]. So they think
that this is the truth and they traverse upon it. These ones are in reality excused until
the Islamic proof reaches them. And Shaykh-ul-Islâm ibn Taymiyyah, may Allaah have
mercy upon him, has established this in al-Fatâwâ and other than it, and Shaykh
Muhammad bin Sâlih bin al-‘Uthaymîn has mentioned some parts of it, may Allaah
have mercy upon all of them. Na‘am.

Questioner:
May Allaah reward you with good and bless you. O Shaykh, applying the rulings -
which are a result of takfîr - upon the communities where these things are
widespread; applying these rulings in the affairs of marriage (i.e. declaring a marriage
to be invalid because of takfîr upon one of the spouses) and other than that...

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

This is not correct, na‘am. Rather [they should speak] generally. Ahlus-Sunnah say for
example: “Whoever slaughters for other than Allâh, has committed Shirk. Whoever
drinks alcohol, is a fâsiq (disobedient, rebellious person).” Like this, generally. And by
this they do not intend specific persons or a specific country. Na‘am.

Questioner:
May Allaah bless you and be good towards you. The words of al-Lajnah ad-Dâ-imah

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(the Permanent Committee): “Establishing the proof is done because of excuses that
he might have before applying the punishment upon him, and not to call him a kâfir
(disbeliever) after the bayân (clarification). For verily, he is [already] called a kâfir
because of what took place from him from prostrating to other than Allâh.”

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

Now, if the Islamic proof reaches a person, he is in one of two situations: either he
submits to this proof and he abandons that which he was upon from that which
opposes sincere religiousness for Allâh, the Mighty and Majestic. So the ruling that
was upon those like him, is lifted from this person, as we have preceded in our
statement: “Whoever slaughters for other than Allâh, has commited Shirk. Whoever
prostrates for an idol, then he is mushrik (polytheist) and kâfir (disbeliever).” And like
this. So if the Islamic proof reaches him and he submits to it, then he is forgiven for
his past, inshâ'al-Lâh. As He, the Majestic and Most High, said:

‫ف‬ ِ ِ
َ َ‫فَ َمن َجآءَهُ َم ْوعظَةٌ ِّم ْن َّربِّه فَٱنْتَ َه ٰى فَلَهُ َما َسل‬
So whosoever receives an admonition from his Lord and stops, shall not be punished
for the past.
[2:275]

The second category: the one who refuses, is obstinate and persists upon that which
he was upon from kufr and shirk after the Islamic proof reached him. So this one is
rebuked and he is judged according to that which his mukhâlafah (opposition to the
Truth) necessitates from kufr, bid‘ah (innovation) or fisq (disobedience). Na‘am. The
Statement of Allaah, the Most High:

ِ ‫وما َكا َن ٱللَّه لِي‬

َِّ َ‫ض َّل قَ ْوماً بَ ْع َد إِ ْذ َه َد ُاه ْم َح َّ َّٰت يُب‬
‫ِّي ََلُم َّما يَتَّ ُقو َن‬ ُُ ََ
And Allâh will never lead a people astray after He has guided them until He makes clear
to them as to what they should avoid.
[9:115]

And it has been made clear to this person. And His Statement, the Most High:

ِ ِ ِ َّ‫إِ َّن ٱل‬

َ َّ َ‫ين ْٱرتَ ُّدواْ َعلَ ٰى أ َْدبَا ِره ْم ِّمن بَ ْعد َما تَب‬
‫ِّي ََلُ ُم ٱ َْلَُدى‬ َ ‫ذ‬
Verily, those who have turned back (have apostated) as disbelievers after the guidance
has been manifested to them...
[47:25]

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Look, when did they apostate? “after the guidance has been manifested to them...”

‫ٱلشَّْيطَا ُن َس َّوَل ََلُ ْم َوأ َْملَ ٰى ََلُ ْم‬

Shaitân (Satan) has beautified for them (their false hopes), and (Allâh) prolonged their
term (age).
[47:25]

And that which is understood from it, is that there is nothing upon them before the
guidance has been manifested to them. And His Statement, the Most High:

‫ِّي نُ َولِِّه َما تَ َوَّ َّٰل‬ِِ ِ ِ َ ‫ٱلرس‬ ِ‫ومن يشاق‬

َ ‫ِّي لَهُ ٱ َْلَُد ٰى َويَتَّبِ ْع غَْي َر َسبِ ِيل ٱلْ ُم ْؤمن‬
َ َّ َ‫ول من بَ ْعد َما تَب‬ ُ َّ ِ
‫ق‬ َ ُ ََ
ً‫صريا‬ ِ ‫تم‬ ْ ‫آء‬ ‫س‬ ‫و‬ ‫َّم‬
‫ن‬ ‫ه‬‫ج‬ ِ ِ‫ونُصل‬
‫ه‬
َ َ َ َ َ ََ ْ َ
And whoever contradicts and opposes the Messenger after the right path has been
shown clearly to him, and follows other than the believers way. We shall keep him in
the path he has chosen, and burn him in Hell - what an evil destination.
[4:115]

Look at the condition [mentioned in this verse]: “And whoever contradicts and
opposes the Messenger after the right path has been shown clearly to him...” So the
threat is applied to the one that contradicts and opposes the Messenger after the
right path has been shown clearly to him, or follows other than the believers way
after the right path has been shown clearly to him. This is the one upon whom the
threat is applied; i.e. (the threat mentioned) in His Statement, the Most High: “We
shall keep him in the path he has chosen, and burn him in Hell - what an evil
destination.” Na‘am.

Questioner:
May Allaah reward you with good and bless you. Also the statement of Shaykh Sâlih
as-Suhaymî, may Allaah preserve him: “Whoever testifies that no deity has the right
to be worshipped except Allâh, and then he slaughters for the graves, takes an oath
by them and seeks help from them in times of need, is he a Muslim? No, he is not a
Muslim. The khilâf (difference of opinion) lies in: “Is he excused if the proof has not
been established upon him? Does he have an excuse with Allâh or not?” This is where
the khilâf is. As for him, then he is called a mushrik and his deed is called Shirk. But
you should not initially say to him: 'You are a mushrik!' No, O servant of Allâh! Warn
him. In fact, clarify to him Tawhîd firstly and then clarify to him that which nullifies it.
And then enter upon him in an endearing way and say to him: 'O servant of Allâh, this
is an act of such and such... And I fear for you, and I am your Muslim brother who

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loves for you that which I love for myself.'”

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

Advising is something and the ruling is something [else]. The ruling upon the one who
performs Shirk, kufr or fisq: generally it is said that [the one who performs this] is
kâfir, fâsiq or mubtadi‘ (innovator), according to what his mukhâlafah necessitates, as
long as the Shar‘ (Islamic Legislation) has indicated that this mukhâlafah is kufr, fisq or
bid‘ah. The ruling should be general, according to that which his mukhâlafah
necessitates.

As for specifying [an individual], then we look at him in two affairs:

The first affair: the proof from the Shar‘ (that this is kufr, fisq or bid‘ah), as has
preceded.

And the second [affair]: the wasf (description) matching the specific individual. And
the wasf (discription) matching the specific individual, so that he is judged according
to that which his mukhâlafah necessitates, requires two affairs. One of them is ijtimâ‘
ash-shurût (fulfillment of the conditions), and the second is intifâ' al-mawâni‘
(absence of the barriers). Na‘am.

From the shurût (conditions) is having ‘ilm (knowledge) about that which his
mukhâlafah necessitates from kufr, bid‘ah or fisq, or [unclear..]. And the second
(condition) is at-taklîf (being obliged to observe precepts of religion), and this
includes al-bulûgh (attainment of maturity) and al-‘aql (sanity). And the third
(condition) is al-‘amd (deliberateness); and khata' (mistake) is removed by this. The
fourth (condition) is at-tadhakkur (remembrance); and nisyaan (forgetfulness) is
removed by this. Na‘am.

Questioner:
So specifying individuals is not understood from the speech of the Shaykh?

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

No, the speech of the Shaykh is from the angle of advising. So if you know that a
person is mushrik - according to you - and you want to invite him to Allaah, the
Mighty and Majestic, then it is a must that you make your speech soft to him and that
you speak to him in a beautiful way. Na‘am. Then if he is obstinate after that, after
having clarified the Islamic proof to him, then he is judged according to what which
his mukhâlafah necessitates. And I have mentioned to you some of the shurût
(conditions), and they can be found in al-Qawâ‘id al-Muthlâ (by Shaykh al-‘Uthaymîn)

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and its sharh (explanation).

Questioner:
May Allaah reward you with good and bless you. Are Ahlul-Fatrah (those who died
without receiving the Message brought by the Messengers) Muslims or disbelievers?

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

These are called Ahlul-Fatrah and their affair is left to Allaah, the Mighty and Majestic.
So they are not called Muslims, nor are they called disbelievers. They are called Ahlul-
Fatrah. And it has been authentically narrated regarding them that a flag from Hellfire
will be raised for them (on the Day of Judgment). Then they will be called to enter it.
So whoever enters it, then it will be cold and safe for him; he will be judged by his
Eemaan (faith). And whoever refuses, will enter the Hellfire. Allaah will enter him into
the Hellfire.

Questioner:
May Allaah reward you with good and be good towards you.

Shaykh ‘Ubayd bin ‘Abdillâh al-Jâbirî:

And you as well.

Source: http://www.sahab.net/forums/index.php?showtopic=127983
Translated by: Yâsîn Abû Ibrâhîm

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