Islam Question and Answer - The hadeeth, “There is no gheebah (backbiting) in the case of a faasiq (evildoer)”

The hadeeth, “There is no gheebah (backbiting) in the case of a faasiq (evildoer)”

What is your opinion regarding this hadeeth “There is no gheebah for a fasiq”? If it is an authentic hadeeth, then is warning others of an envious person considered gheebah or not? Which type of sinners can we warn others of without being guilty of gheebah?.

 

Praise be to Allaah.

 Gheebah is haraam and emphatically so, because Allaah says
(interpretation of the meaning):

“neither backbite one another. Would one of you like to
eat the flesh of his dead brother?”

[al-Hujuraat 49:12]. 

And it is proven from Anas (may Allaah be pleased with him)
that the Prophet (blessings and peace of Allaah be upon him) said: “When I
was taken up into heaven, I was taken past some people who had nails of
copper with which they were scratching their faces and chests. I said: Who
are these, O Jibreel? He said: These are the ones who ate the flesh of the
people and impugned their honour.” Narrated by Imam Ahmad and Abu Dawood
with a saheeh isnaad. The Prophet (blessings and peace of Allaah be upon
him) defined gheebah as saying about your brother that which he dislikes. 

It is permissible in a few cases which are indicated by
shar’i evidence when there is a need for that, such as if someone consults
you with regard to marriage or business partnership, or if someone complains
to the ruler and asks him to put a stop to a person's wrongdoing. In that
case there is nothing wrong with saying about him things that he dislikes
for the purpose of serving an obvious interest. One of them compiled a list
of the cases in which gheebah is permissible in two lines of verse in which
he said: 

Criticism is not gheebah in six cases: complaining about
mistreatment, identifying a person, warning about a person,

highlighting evildoing, seeking a fatwa, and seeking help to
remove an evil. 

But if there is no obvious interest to be served by
mentioning him in a way that he dislikes, then it comes under the heading of
gheebah which is haraam. 

With regard to the question about the phrase “There is no
gheebah (backbiting) in the case of a faasiq (evildoer)” and whether it is a
hadeeth or not, Imam Ahmad said it is munkar. Al-Haakim, al-Daaraqutni and
al-Khateeb said: it is false. 

But the fact that there is no gheebah in the case of a faasiq
(an evildoer who openly commits sins) is indicated by the proven report
which says that the Prophet (blessings and peace of Allaah be upon him) saw
a funeral passing by, and those who were with him spoke ill of the deceased
person, and he (blessings and peace of Allaah be upon him) said: “It is
due.” Then another funeral passed by, and they spoke well of the deceased
person, and the Prophet (blessings and peace of Allaah be upon him) said:
“It is due.” They asked him what he had meant by saying it is due, and he
said: “The one of whom you spoke ill, Hell is his due, and the one of whom
you spoke well, Paradise is his due. You are the witnesses of Allaah on His
earth.” and he did not rebuke them for speaking ill of the deceased person
of whose evildoing they were aware. This indicates that if a person commits
evil openly, there is no gheebah in his case. 

And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote. 

 

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’ (26/19).