Ibn Abbas

Hanafi Fiqh


I am aware that according to the majority of scholars, they would see it as prohibited (Shafi’i and Maliki schools).
Alhamdulillah I don’t do it, but I would just like to know the ruling.
I am not exactly aware of the Hanafi position on it although I believe that according to our school it would be allowed under certain conditions but otherwise unlawful. Please tell me the position of the Hanafi School.
I have read on wikipedia that apparently Ibn Nujaym رحمهم الله wrote that it is Makruh (not Haram) and that this is the opinion in Fataawaa Al Walwaaljiyya.
Also, there’s an opinion in the Hanbali school allowing it and similarly Ibn Hazm and ‘Allama Shawkaani رحمهم الله did not believe it to be prohibited. And Allah سبحانه و تعالى knows best.
I came across a number of Ahadith in Musannaf Abd al Razzaq indicating to the permissibility of it:
‘Ata Ibn Abi Rabah disliked it. Ibn ‘Abbas said it was better to marry a slave girl but it was better than Zina. Jabir bin Zaid saw it as permissible and a similar view is also narrated from Ibn Abbas. Mujahid said more or less that those who came before us used to COMMAND their Shabab to do it, by doing this they abstain from Zina. It is narrated that Al Hasan Al Basri gave Rukhsa in it. ‘Amr ibn Dinar said that he doesn’t see a problem with it.
(Musannaf Abd al Razzaq 14386, 14388-14396)

I await your answer
Jazakumullahu Khairan
Wassalamu ‘Alaikum

Hanafi Fiqh

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