When Backiting is really not backbiting....huh

In the name of Allah most gracious most merciful.

 We all know the ills of backbiting and the clear warnings of Allah The All Mighty in these words:"O you who believe! Avoid much suspicions, indeed some suspicions are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it (so hate backbiting). And fear Allah. Verily, Allah is the One Who accepts repentance, Most Merciful." (Surat Al-hujarat 49:12).

And we Also know that the Prophet (May Peace Be Upon Him.) defined backbiting as: "You mention your brother with something that he hates." 

Backibiting is usually a result of being envious or hateful to others and its cure is to have fear in Allah and to make sincere repentance to Him.

 Today we will talk about the  five exceptions that make backbiting... not backbiting.

1.A person who was unjustly treated. 

He can go to who is in position to remove the unjustness, like a judge or leader, and talk about how the other person took away his rights. Because the people cannot preserve their rights except this way. This is not backbiting because Allah (Subhana Wa Ta'ala.) said: "Allah does not like that the evil should be uttered in public except by him to whom injustice has been done." (Surat An-Nisa’ 148)

Also reported by Imam Bukhari that the prophet (May Peace be upon him) said, "Not paying a loan back, when able to do so, allows a person, the loaner to mention it publicly, and the lender be punished." 

The point here, then, is that complaining to whom is in position to remove the unjustness, is not considered backbiting.

2. Asking for fatwah, (an Islamic legal opinion) from a person with knowledge.

In such a request, he might mention things that happened between him and somebody else. Some of the things might not be good. But, Islam allows you to mention them as long as your intention is to know the hukum, (legal Islamic ruling) in those matters. The proof comes in the following of the prophets tradition, reported by Imams Bukhari and Muslim that Hind, the wife of Abu-Sofian said to the prophet, "Abo-Sofian is a stingy man, and he does not spend enough money on me and my child; except if I take from his money without his knowledge. The Prophet (May Peace be upon Him) told her, "Take what is enough for you and your child, with fairness." In this narration, Hind mentioned Abu-Sofian, her husband, in a bad manner as a stingy man, yet the Prophet (May Peace be upon Him.) allowed it.

3. Advising the Muslims about what is good for them in their daily life. 

For example, if somebody asks you about a man or women whom he intends to marry or is a partner in business. You are required to tell what you know about him in terms of his suitability for what you are asked about.

Imam Bukhari reported , that Fatemah, daughter of Ques came to the Prophet (May Peace Be Upon him.) and said, "Abo-Jahm and Moa’weyah both proposed to marry me who should I accept?" The prophet (may peace be upon him) replied that, "Moa’weah is a poor man, and Abo-Jahm beats his woman." In this tradition, the Prophet mentioned something that the two men hated to be mentioned; yet he said it because he was trusted for an advice.

4. Warning Muslims and raising up their awareness of the enemies of Islam, especially if the enemies are from inside, such as they might be Muslims but they work, think, and plan against Islam. The proof comes from the prophet’s tradition, reported by Imams Bukhari and Muslim, that a man asked for permission to enter to see the prophet (May Peace be upon Him). He said, "Let him come in. What evil, he is." (That person was a Muslim, but he’s not a good person). The Prophet (May peace be Upon him.) said so, to warn the Muslims around him from that man. 

Imam Bukhari also reported that the Prophet (May peace be upon him.) said about two persons mentioning their names, "I do not think that those two persons know anything about our dean". He means that they are hypocrites, who show Islam, yet hide their unbelief.

The point then, is we are allowed to tell about the enemies of Islam.

5. Identify someone as the blind, deaf, mute, and handicapped person. 

The objective is not to put him down, but only to identify him as he is known. However, if we can avoid mentioning his handicap, and finding other ways to identify him, such as his name, then this would be better.

In our Race to Jannah, let’s be careful and watch our tongues from any backbiting. 

Indeed the tongues are one of the main reasons that make many people to enter the Hell Fire.


Allahu A'alam!!!

source:

Subul As-Salaam 4 Volume page 553-554 Maktabatu Ma'aarif, it's found in Imam al Nawawi's Riyad al Saliheen in the chapter of backbiting.