Chapter 256: WHAT IS PERMISSIBLE OF BACKBITING (GHIBAH)

Chapter 256: What is Permissible of Backbiting (Ghibah)
Know that backbiting is permitted for a sound, legitimate religious purpose that cannot be achieved without it. There are six reasons for this:
First: Seeking justice. It is permissible for the one who has been wronged to complain to the Sultan (ruler), the judge, or others in authority or who have the power to grant him justice against his oppressor. He may say, "So-and-so wronged me by doing such and such."
Second: Seeking help to change an evil and to reform the sinner. One may say to someone he hopes has the power to remove the evil: "So-and-so is doing such and such; reprimand him for it," or something similar. The intention must be to find a way to remove the evil. If that is not the intention, then it is forbidden.
Third: Seeking a religious verdict (fatwa). One may say to the Mufti (scholar issuing the verdict): "My father," or "my brother," or "my husband," or "so-and-so wronged me by doing such and such. Is he allowed to do that? What is my way to be free from it, obtain my right, and repel the injustice?" and so on. This is permissible due to the need. However, the more cautious and better way is to say: "What do you say about a man, a person, or a husband whose situation is such and such?" This achieves the purpose without specifying the person. Nevertheless, specifying is permissible, as we will mention in the hadith of Hind RA, if Allah wills.
Fourth: Warning Muslims against evil and advising them. This takes several forms:
· One of them: Criticizing unreliable narrators and witnesses. This is permissible by the consensus of Muslims, rather it is obligatory due to the need.
· Among them: Consulting about marrying someone to, partnering with, entrusting something to, doing business with, or neighboring someone. The one consulted must not hide his condition; rather, he should mention the faults in him with the intention of giving sincere advice.
· Among them: If one sees a student of knowledge frequently visiting an innovator or a sinner to seek knowledge from him, and fears that the student will be harmed by it, he must advise him by explaining that person's condition, provided his intention is sincere advice. This is an area where mistakes are often made. The speaker might be motivated by envy, and Satan may deceive him, making it appear to him that it is sincere advice. So one must be wary of this.
· Among them: If a person is in a position of authority which he does not fulfill properly, either because he is not suitable for it, or because he is sinful, negligent, or the like, then it is obligatory to mention that to the one who has general authority over him, so that he may remove him and appoint someone competent, or so that he may know his condition and deal with him accordingly, not be deceived by him, and strive to urge him to uprightness or replace him.
Fifth: If a person is open and public about his sin or innovation, like one who openly drinks alcohol, seizes people's property, collects unlawful taxes, extorts wealth unjustly, or is in charge of false matters. It is permissible to mention him for what he publicizes, but it is forbidden to mention his other hidden faults, unless it is permissible for another reason from those we have mentioned.
Sixth: Identification. If a person is known by a nickname, like Al-A'mash (the one with weak eyesight), Al-A'raj (the lame), Al-Asamm (the deaf), Al-A'maa (the blind), Al-Ahwal (the cross-eyed), and others, it is permissible to identify them by that. However, it is forbidden to use it in a derogatory manner. If it is possible to identify them without it, that is better.
These are the six reasons mentioned by the scholars, and most of them are agreed upon. Their evidence from the authentic hadiths is well-known.
Among the evidence for this:
From Aisha (may Allah be pleased with her): A man asked permission to enter upon the Prophet (ﷺ). He said, "Give him permission. What an evil man he is, the brother of his tribe!"
(Agreed upon by Al-Bukhari and Muslim).
Al-Bukhari used this as proof for the permissibility of backbiting the people of corruption and suspicion.
And from her (Aisha), she said: The Messenger of Allah (ﷺ) said, "I do not think that so-and-so and so-and-so know anything about our religion."
(Narrated by Al-Bukhari). Al-Laith bin Sa'd, one of the narrators of this hadith, said: These two men were from the hypocrites.
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