Main Idea of the Hadith: The Prohibition of causing harm to oneself or others.
A great deal of the science of Fiqh revolves around this Hadith. It is a basis by which Scholars of Fiqh issue legitimate rulings on new matters related to harm.
Islam comes to prevent harm in all its forms and prohibits causing harm to others. This shows us the justice and mercy of our Religion, and its keenness to not impose on the believers what they cannot bear.
In Surah Al-Baqarah [2:282]:
وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ
"Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you."
And the Prophet ﷺ said,
إن دماءكم، وأموالكم، وأعراضكم حرام عليكم
"Verily, your blood, your property, and your honour, are all sacred" [Bukhari and Muslim]
Do ضرر and ضرار have the same meaning? Some Scholars are of the opinion that they are different, while others are of the view it is the same. According to the Scholars who view the two words as having different meanings:
First Difference:
"لا ضرر" - Do not initiate causing harm to others
"لا ضرار" - Do not avenge the person who has caused harm to you.
Second Difference:
"ضرر" - To cause harm to others while bringing benefit to oneself
"ضرار" - To cause harm to others while not bringing any benefit to oneself.
Third Difference:
"ضرر" - This occurs unintentionally
"ضرار" - While having the intention to harm others
The Scholars who view it as the same word are of the opinion that the word is repeated as emphasis. The preponderant view is the former (that there is a difference),because the intention of speech is generally to establish a meaning. When you say a new word you usually convey a new meaning, not confirm a meaning.
This rule covers all aspects of ones life. There should be لا ضرر و لا ضرار in rituals of worship and dealings and transactions.
Rituals of Worship
Allah has not prescribed any worship that causes harm to believers. For those who are unable to perform acts of worship due to sickness, Allah has made it easy for them. Those who cannot stand praying can sit, those who cannot fast in Ramadan can make it up after Ramadan, those who are travelling can shorten their prayer. This is all a mercy from Allah. In Surah Al-Baqarah [2:185]
"The month of Ramadan in which was revealed the Quran, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month, and whoever is ill or on a journey, the same number [of days which one did not observe Saum (fasts) must be made up] from other days. Allah intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days), and that you must magnify Allah [i.e. to say Takbir (Allahu-Akbar; Allah is the Most Great) on seeing the crescent of the months of Ramadan and Shawwal] for having guided you so that you may be grateful to Him."
Dealing and Transactions
Allah has legislated laws that guarantee the rights of people and push harm away from them.
What about the legislated prescribed punishments (الحدود)? Are they not considered harm? When Allah prescribed the punishments, it is considered as ultimate justice for people, because it includes the required interest for society. People are only deterred from crimes by these limits, and it saves the society. In Surah Al-Baqarah [2:179]:
"And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqun"
Moreover these punishments are not prescribed unless one violates the limits of Allah; causing harm to himself or others.
Allah recommends those who are harmed by others to be patient. In Surah An-Nahl [16:126]:
"And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sabirin (the patient ones, etc.)."
In a Hadith Qudsi, Allah says:
ياعبادي إني حرمت الظلم على نفسي وجعلته بينكم محرماً فلا تظالموا
"O My slaves I have prohibited injustice for myself and made it unlawful for you, so do not oppress one other" [Muslim]
The Prophet ﷺ said,
إن دماءكم، وأموالكم، وأعراضكم حرام عليكم
"Your blood, your property, and your honour are Haraam on you" [Bukhari and Muslim]
There is ضرر caused:
1) As a result of a permissible act [Benefit for the doer, Performed unintentionally]
i.e. One performs a permissible act that brings benefit to himself but causes harm to others.
a) Done in a customary way
E.g. A man wants to dig a well in his land to reach water. While he is doing that, he ends up depriving his neighbours from water.
E.g. One wants to build a house. The sound of construction inconveniences the neighbors.
You do not intend to cause harm, but you do not have any other way, so it is permissible in Islam.
b) Done in a non-customary way
It is permissible act and brings benefit to you, but the unintentional harm is not normal.
E.g. A man on a windy day wants to have a bonfire, and the wind takes the flames elsewhere. A person will be liable for such an act and any harm that he causes. He should be prevented.
2) As a result of a non-permissible act [No benefit to the doer, Intentional]
i.e. This act brings no benefit to the doer, and brings intentional harm to others.
This is considered an evil act; Haraam, and should be prevented.
a) أحوال شخصية - Personal Affairs
E.g. When one causes harm in inheritance, such as a man writing in his will what deprives some of his heirs, allocating more than 1/3rd to strangers, etc. This inheritance will not be effective unless all the heirs agree to it. In Surah An-Nisa [4:12]:
"مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ"
"after payment of legacies that they may have bequeathed or debts."
E.g. Harm in divorce. A man keeps his wife hanging, so she becomes not his wife nor a divorced woman, just to cause her harm. In Surah Al-Baqarah [2:231]:
"And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the Verses (Laws) of Allah as a jest, but remember Allah's Favours on you (i.e. Islam), and that which He has sent down to you of the Book (i.e. the Quran) and Al-Hikmah (the Prophet's Sunnah - legal ways - Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything."
E.g. الإيلاء - An oath a man makes to not approach his wife for a year or two or three, just to bring harm to her. This was found in the times of Jahiliyyah. Islam set a maximum limit of four months and anything less is okay, but you have to specify the period. The Prophet ﷺ did this for one month with his wives when they asked him to increase their expenses.
If a man swears to do it for two months, and broke his oath, he should pay the expiation for his oath.
If four months have exceeded, the judge will order him to bring back his wife or divorce her. In Surah Al-Baqarah [2:226-227]:
"Those who take an oath not to have sexual relation with their wives must wait four months, then if they return (change their idea in this period), verily, Allah is Oft-Forgiving, Most Merciful."
"And if they decide upon divorce, then Allah is All-Hearer, All-Knower."
E.g. Harm in suckling the baby. A woman refusing to suckle the baby unless the husband provided expenses, or refuses to suckle in order to harm her husband. Or a father depriving the mother from suckling their baby. In Surah Al-Baqarah [2:233]:
"..No mother shall be treated unfairly on account of her child, nor father on account of his child.."
E.g. One should not cause harm to others before or after they leave this life.
Before birth, one is not allowed to abort the baby. Also, the inheritance should be put on hold until the pregnant mother gives birth so they know whether it is a boy or girl and divide the inheritance accordingly.
As for after death, one cannot tamper with the will of a dead person, nor curse the dead.
The Prophet ﷺ said,
لَا تَسُبُّوا الْأَمْوَاتَ فَإِنَّهُمْ قَدْ أَفْضَوْا إِلَى مَا قَدَّمُوا
"Do not curse the dead, for they have reached to what they have put forward" [Bukhari #1329]
b) Business Transactions
Islam prohibits all types of business transactions that bring harm to others, such as:
-> بيع العينة - This is a form of Riba. A man sell an item at a deferred cost. Later on he buys the same item from the same person with less money.
-> بيع الغرر - To sell an item while the customer does not know the quality or quantity of the item.
E.g. When the scribe of the contract is harmed by being forced to write something, or the witness is made to conceal his testimony or give a false one. In Surah Al-Baqarah [2:282]:
"وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ "
"Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you."
E.g. No one is allowed to prevent others from the following three. The Prophet ﷺ said,
الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلاَثٍ فِي الْكَلإِ وَالْمَاءِ وَالنَّارِ
"Muslims have a common share in three: grass, water, and fire" [Sunan Abi Dawud #3477]
No one should harm others regarding these three, everyone has a right to it.
This Hadith is regarded as قاعدة فقهيه (A Jurisprudential Rule). Scholars derived 8 minor rules (قاعدة فقهيه الصغرى) from it:
1) Preventing harm takes precedence over bringing about benefit. Deterring harm is worthier than bringing benefit. The Prophet ﷺ said:
"Whatever I prohibit you from doing, refrain from it (altogether), and whatever I command you to do, do of it what you are able" [Bukhari]
E.g. Selling weapons. At the time of conflict, one should be prevented from doing so, although it brings benefit to the merchant.
E.g. Selling wine brings benefit to the merchant, but harm to others. The priority should be deterring harm. In Surah Al-Baqarah [2:219]:
"They ask you (O Muhammad ﷺ) concerning alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit." And they ask you what they ought to spend. Say: "That which is beyond your needs." Thus Allah makes clear to you His Laws in order that you may give thought."
2) Harm should be prevented through possible means before it takes place.
Deterring harm is easier than the damage caused by it afterwards. Prevention is better than cure.
E.g. Preventing the spread of disease as much as possible by keeping patients isolated.
3) Harm, if it falls, must be removed as much as possible.
We need to remove its effects as much as we can.
E.g. In the market there is food that causes cancer, we should withdraw it immediately from the market.
4) A greater harm can be removed by a lesser harm
Sometimes the only way to remove a harm is by causing another harm, but lesser in degree than the first. You should choose the lesser evil.
E.g. The Zakat is not enough for the poor. The just ruler can take extra wealth from the merchants. This is harm to them, but lesser than the one caused to the poor.
5) Harm is not to be removed by similar or greater harm.
You are not removing harm, you are causing harm.
E.g. A person is threatened to be killed if he did not kill another person. He should not kill, even if he is killed, because this is a similar harm.
6) Harm can be fended off from befalling the public at the expense of harming a particular individual or a small minority of people.
We may need to afflict a small minority with harm in order to protect the majority. The public takes precedence.
E.g. In case of monopoly, the ruler is allowed to force the monopolists to sell their stock at normal market prices, instead of achieving their maximum profit.
E.g. A doctor could be prevented from work due to his medical mistakes.
7) If one act has both warnings and requirements, the warnings should be brought forward.
E.g. Two partners have common assets. One can be prevented from doing anything with this building, for example, if he does something risky.
8) Harm should be removed even after a long time
E.g. One owns a high building which can see into a neighboring land. If the owner of the land wants to build a house and discovers the neighbors building windows can see into his house, he can legally ask the neighbours to cover their windows, even though the building was built first. This does not happen now.
If every Muslim knew this rule and applied it, the society of Muslims would live in peace and harmony, with mutual respect, and less disputes.
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