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I'm looking for the source of the hadith quoted in this fatwa. Translated, it means:

ASN and ASB are involved in investments that mixes that which is syaria' compliant and that which is not syaria' compliant from conventional financial sectors. This is based on the hadith narration of Jabir Al-Ja’fi by Ibnu Mas’ud:

ما اجتمع الحلال والحرام إلاغلب الحرام الحلال

Meaning: "Nothing is mixed between that which is halal and that which is haraam, except in which the haraam overwhelms the halal.

However, I cannot find any such narration of Jabir Al-Ja’fi by Ibnu Mas’ud, and Google overwhelmingly turns up this fatwa. There's no mention of where it's written.

Bonus points for finding if this is a sahih hadith or a weaker one.

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4 Answers

up vote 2 down vote accepted
+200

According to this page from the Book الأشباه والنظائر by Al-Suyuti:

القاعدة الثانية إذا اجتمع الحلال والحرام غلب الحرام وأورده جماعة حديثا بلفظ { ما اجتمع الحلال والحرام إلا غلب الحرام الحلال } . قال الحافظ أبو الفضل العراقي : ولا أصل له ، وقال السبكي في الأشباه والنظائر نقلا عن البيهقي : هو حديث رواه جابر الجعفي ، رجل ضعيف ، عن الشعبي عن ابن مسعود ، وهو منقطع . قلت : وأخرجه من هذا الطريق عبد الرزاق في مصنفه . وهو موقوف على ابن مسعود لا مرفوع .

Rule #2: If Halal and Haraam are mixed then Haram overwhelms. Hadith scholars mentioned the rule as a Hadith like this: {{ Nothing is mixed between that which is halal and that which is haraam, except in which the haraam overwhelms the halal }}. Hadith scholar Abu-Alfadhl Al-Iraqi said: this hadith has no origin (i.e, fabricated); While Al-Sabki in his book الأشباه والنظائر1 narrated that Al-Baihaqi said about it: A hadith narrated by Jabir Al-Ja’fi, a weak (untrustworthy) man, by Al-Sha'bi by Ibn Mas'ud, and it's narration chain is broken. And I (Al-Suyuti) say: Abdulrazzak also reported the hadith by the same people in his Hadith book; and it's a Mawkoof موقوف on Ibn Mas'ud and not Marfoo' (not a narration of the Prophet).

[1]: There are many books named الأشباه والنظائر, one by Al-Suyuti (and the quote above is from it), and another by Al-Sabki, and others.

Also, scholar زين الدين ابن نجيم says something very similar in this page of his Book الأشباه والنظائر على مذاهب أبي حنيفة النعمان, and adds:

وذكره الزيلعي شارح الكنز في كتاب الصيد مرفوعا.

And Imam Zaila'ii mentioned it as a Marfoo' hadith (a narration of the Prophet) in his book كتاب الصيد.

And according to this fatwa from islamweb.net, Imam Ibn Muflih said that the this hadith has no origin (i.e, fabricated).

So in summary: this hadith is either weak or fabricated, it's narrators chain is broken and it's not a narration of the Prophet, but rather a narration of Ibm Mas'ud.

However, it's worthy mention that the rule itself appears to be accepted and agreed upon by most scholars, especially those who I have quoted from their books.

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bro, I read your answer, How is this different from the answer I provided ? –  Suhaib Mar 6 '13 at 20:49
    
I've Googled and picked the best results I could find, which were two books and a fatwa, then I tried to transalte, cite scholars, and summarize the opinions. Also I tried not to mention the other Haidth (narrated by 'Aishah) because it will lead to confusion on which rule is true, as both rules are true each in specific situations, while your answer apparently tells that the questioned rule is incorrect, which is not right. –  Tamer Shlash Mar 7 '13 at 5:26
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I also could not find the source of this hadith and but lot of Shia hadith have Jabir Jafi (جابر جعفی) as a narrator and hence he is considered accepted narrator by the Shias. It is claimed here that Sunnis consider him to be Liar . Hence Rendering the above hadith as Weak. Nevertheless the ruling stated above is a well accepted fiqh ruling as consulted by an Alim(My Wife)

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-1. This doesn't seem to answer the question. OP is looking to find the source of the Hadith in question. I dont really see your answer covering that. –  Noah Mar 4 '13 at 16:19
    
It does , He also asked whether the hadith is weak or sahih in question , since one of the narrator is claimed to be liar hence the hadith is weak. One can determine whether daeef by looking at the isnad @Noah –  Islam Mar 4 '13 at 16:21
    
Okay. I revoked my downvote. –  Noah Mar 4 '13 at 16:38
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The authenticity of this Hadith is debated among scholars. Some say it's of unknown origin while others claim that it was related by Jabir Al-Jafiy and is of broken reporting sequence.

According to AI-Hafiz Abu AI-Fadhl al-'Iraqi, this hadith is of unknown origin. Meanwhile, AI-Subki quoted AI-Baihaqi that the hadith was related by Jabir AI-Ja'fiy, someone of weak status who had related it from AI-Sya'biy, who related it from Ibn Mas'ud in the form of a munqati' (hadith of a broken reporting sequence). Source

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This part only as a hadith is not a hadith, But it is a rule in Fiqh. Those who said it is hadith are wrong because the scholar Abu hafith al Iraqi said: "It doesn't exist" and others said the one who narrated (Abu Jabir al-Jaafi) is considered a "weak man". and "Ibn Masud" is considered "منقطع" in the knowledge of hadith.

check the quote below for more information

القاعدة الثانية إذا اجتمع الحلال والحرام غلب الحرام وأورده جماعة حديثا بلفظ { ما اجتمع الحلال والحرام إلا غلب الحرام الحلال } . قال الحافظ أبو الفضل العراقي : ولا أصل له ، وقال السبكي في الأشباه والنظائر [ ص: 106 ] نقلا عن البيهقي : هو حديث رواه جابر الجعفي ، رجل ضعيف ، عن الشعبي عن ابن مسعود ، وهو منقطع . قلت : وأخرجه من هذا الطريق عبد الرزاق في مصنفه . وهو موقوف على ابن مسعود لا مرفوع

You can find this part in the book "اشباه النظائر"

However, This is the correct hadith which is narrated by Aisha in the "sunnan of Dar-ul Al Qadni 3/278:

she asked the prophet (PBUH). about a man who committed a premarital sex with a women and he wants to marry her or her daughter. So he answered, Haram doesn't make halal a haram, but what makes it haram is what the marriage makes it haram

روى الدارقطني (3/268) في سننه عن عائشة رضي الله عنها قالت: سئل رسول الله صلى الله عليه وسلم عن رجل زنى< بامرأة فأراد أن يتزوجها أو ابنتها؟ قال: لا يحرم الحرام الحلال، إنما يحرم ما كان بنكاح. وله عن ابن عمر رضي الله عنهما نحوه. اهـ.

To explain the Hadith, just because you slept with a women that doesn't mean you can't marry her daughter. Because we know in islam, if you marry the mother, then it is not permissible to marry the daughter and vice versa. so he said only the marriage will make it haram for you to marry the other. Sleeping with the daughter or mother would not make the other one haram to marry

Please, if you found any error comment so I can fix it.

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Please check this fatwa, it explains how both rules are true, each in its own situations. –  Tamer Shlash Mar 6 '13 at 17:16
    
@TamerShlash, thank you tamer, I got my answer from the link you posted, and they said the 1st Hadith is wrong, but the 2nd hadith is correct. which is what the op is asking for –  Suhaib Mar 6 '13 at 17:55
    
Would you mind translating some of those terms? My Arabic is not very good.. –  Muz Mar 7 '13 at 3:05
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