The Devils Deception by Imam Ibn AL-Jawzi

T H E D E V I L ' S
D E C E P T I O N S
Section Six:
.$Ujis Ripping up their Clothes
.$iiji Shaikhs discussed the rags that they throw on the ground:
MuJ::iammad Ibn Tahir said: The proof that when a rag is dropped
to the floor, it becomes the property of the one for whom it was
thrown, is the J::iadith of Jarir (rtU/IJAllahu 'anhu) who reported: Some
people who were almost naked came, so the Prophet (;I) encouraged
people to donate. One person from the Anar came with a
package, then others followed suit until there were two piles, of food
and clothing. 2 14
He said: And the proof that those who attend the gathering of
distributing pieces of the rags ought to get a share is the J::iadith of
Abu Musa (rtU/IJAllahu 'anhu): Allah's Messenger (;I) was brought
some war booty, so he gave us from it.
This man has played with the Shan'"'ah. He extracted with his poor
understanding what he thought to be useful to support the doctrine
of Siiftsm. Their earlier scholars never did such a thing.
This person who ripped his clothing and turned them into rags; if
he did so while being conscious then his action was a sin. And if he
was unconscious then his action was invalid from the perspective of
Shai:f ah. He may not gift others or give them ownership.
It is not permissible for someone to take something that another
person has dropped unknowingly. And throwing clothes on the singer
is not considered a proper form of transferring property from the
Shari1ah's perspective.
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Muslim #533.
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