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[TROID] The Permissibility of Banning the Harmful from the Mas?jid 23Jan2017 03:31 PM

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In the Name of All?h, the Ever Merciful, the Bestower of Mercy
Im?m Ab? ?Abdull?h Mu?ammad ibn A?mad al-An??r? al-Qurtub?:The scholars have mentioned: If the issue with the person being expelled from the masjid is that he is harmful, then according to al-qiy?s (deductive reasoning), anyone who is harmful to his neighbours at the masjid, whether it be by way of being foul-mouthed, foolish, foul-smelling, inflicted with a contagious disease (like leprosy) and all that which the people are harmed by. [In such cases] it is permissible for them [i.e. the Im?m] to banish him (from the masjid) as long as there is a harm, up until this harm comes to an end.
Ab? ?Umar ibn ?Abd al-Barr said: I witnessed our shaykh, Ab? ?Umar A?mad ibn ?Abd al-M?lik ibn Hish?m (may All?h have mercy upon him), issue a verdict with regards to a man [whose neighbours] complained about him. They complained that he had harmed them in the masjid, verbally and physically. So they went to consult him [i.e. Ab? ?Umar A?mad ibn ?Abd al-M?lik ibn Hish?m], he then issued a verdict expelling the man, keeping him away from the masjid, and preventing him from observing the [daily] prayers, due to his prolonged foolishness, thus keeping [the community] safe from him.
So one day, I [Ibn ?Abd al-Barr] reminded him (Ab? ?Umar) of this affair, reviewed his statement with him, and requested evidence for his verdict. He used as evidence the narration concerning garlic saying: He is—in my opinion—more harmful than the one who eats garlic, and he [the one who eats garlic] is prevented from joining the prayers at the masjid.1

[1] ?Umar ibn al-Kha???b (ra?i All?hu ?anhu) said: You O people eat from two plants which I see to be repulsive: onion and garlic. Verily, I witnessed that when the Messenger of All?h (?alla? All?hu ?alayhi wa-sallam) smelt onion or garlic from a man in the masjid, he would order him to be taken out to al-Baq??. So whoever eats them, let him cook them till death [i.e. until the odour erodes]. [Reported by Muslim in his ?a??? #567]
Source: Tafs?r Im?m al-Qurtub? Vol.12, pg. 267-268
Translated by: Mun?b al-?um?l?

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