Is It Permissible to Benefit From Private Recordings Released Posthumously?

Answered by Shaykh Faraz Rabbani

Question

A marketing expert gave two days of private, privately recorded consultations; after his death, his sons published the recordings on YouTube, though he was never known to have agreed to this. May I listen to improve my own product?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

The responsibility for this matter lies with those who published the recordings, not with you as the listener.

Those sessions were private, and Allah has drawn a veil over what people keep concealed.

He says, “O you who believe: Shun much of suspicion: Verily some suspicion is heinous sin; Nor pry into the private matters of others. Nor speak any of you ill of another behind his back.” [Quran 49:12; Keller, The Quran Beheld]

The commentators read the prohibition of prying as: “do not track the private faults and defects of the Muslims,” and they carry Mujahid’s summary of the ethic, “Take what is apparent, and leave what Allah has concealed.” [al-Nasafi, Madarik al-Tanzil]

Imam Baghawi puts the purpose plainly: Allah forbade searching out what is hidden of people’s affairs, and tracking their private faults, “so that what Allah has concealed of it is not exposed.” [al-Baghawi, Ma’alim al-Tanzil]

And the honor of a believer does not end at death.

Private Gatherings Are a Trust

A private gathering is a trust. Imam Ghazali’s ruling is exact: “Divulging a secret is a betrayal. It is forbidden if there is harm in it, and base if there is no harm in it.” [Ghazali, Ihya Ulum al-Din]

He carries with it the Prophetic principle that two who sit together do so by the trust of Allah, so neither may disclose what the other would dislike. Al-Hasan al-Basri once turned to his students and said, “You seem to think that betrayal is only in dinars and dirhams.

The worst betrayal is that a man sits with us, and we are at ease with him, and then he goes off and informs on us.” [al-Zabidi, Ithaf al-Sada al-Muttaqin]

The wrongdoing is with those who released and spread the recordings. It does not fall on those who hear them afterward.

For you, keep a clear boundary. Do not seek out what is private or personal in these recordings, such as the man’s clients or their affairs, or anything he would not have wished to be made public.

Seeking out such matters can become backbiting, especially regarding someone who has passed away. If there is a general, beneficial principle of his craft that is already known and public, it is lighter. There is no harm in benefiting from a sound idea itself, even if one does not approve of how it was made available.

There is another matter to consider: who owned these recordings, and what rights the heirs had to share them. This is a question of property and contract, separate from the issue of privacy.

If you intend to use the material for commercial purposes, it is important to seek clarification on this.

Take the Wisdom, Leave the Trespass

The guiding principle is that what Allah has concealed of a person is not for us to uncover. A private gathering is a trust. Benefit from what is beneficial in the craft, but avoid the man’s private matters. Do not repeat or spread what was exposed.

The Prophet, Allah bless him and give him peace, said, “Whoever conceals the private fault of a believer, it is as though he brought a newborn girl, buried alive, back to life from her grave.” [Ibn Kathir, Tafsir al-Quran al-Azim]

Guard him as you would wish to be guarded, keep a good opinion of him, and make dua for him. Dhu al-Nun said, “The chests of the free are the graves of secrets” [Abu Nu’aym, Hilyat al-Awliya] — and there is honor in being that kind of person, whatever others do.

And Allah knows best.

[Shaykh] Faraz Rabbani

Related SeekersGuidance Answers

When Is Backbiting Permissible? — Defines backbiting as mentioning anything a person would dislike, and notes it applies whether the person is living or dead. Sets out the six recognized exceptions, so you can test whether a case really falls under one.

How Should a Muslim Conceal the Faults of Others? — Establishes concealment as a governing principle, protecting both the person’s reputation and the community. Gives nine practical steps, beginning with overlooking and not spying.

Backbiting — Answers six related cases, including when naming someone makes a remark backbiting even if the listener does not know them. Useful for the line between a genuine need and idle talk.

Under What Circumstances Is Backbiting Permitted in Islam? — A short video answer on the conditions that make an exception genuine. Helpful if you are weighing whether to warn someone about the recordings.

Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.

Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.

In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.

Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.

Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature.

His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.

Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.

 

«النصوص» · Source-Texts

[النسفي، مدارك التنزيل] «ولا تجسسوا اى لا تتبعوا عورات المسلمين ومعايبهم يقال تجسس الامر اذا تطلبه وبحث عنه تفعل من الجس وعن مجاهد خذوا ما ظهر ودعوا ما ستر الله وقال سهل لا تبحثوا عن طلب معايب ما ستره الله على عباده»

[البغوي، معالم التنزيل] «{ولا تجسسوا} التجسس: هو البحث عن عيوب الناس، نهى الله تعالى عن البحث عن المستور من أمور الناس وتتبع عوراتهم حتى لا يظهر على ما ستره الله منها»

[الغزالي، إحياء علوم الدين] «فافشاء السر خيانة وهو حرام اذا كان فيه اضرار ولؤم اذا لم يكن فيه اضرار»

[الغزالي، إحياء علوم الدين] «انما يتجالس المتجالسان بامانة الله تعالى فلا يحل لاحدهما ان يفشى على صاحبه ما يكره»

[الزبيدي، إتحاف السادة المتقين] «كانكم تظنون ان الخيانة ليست الا فى الدينار والدراهم ان الخيانة اشد الخيانة ان يجالسنا الرجل فنطمئن الى ناحيته ثم ينطلق فيسعى بنا الى شرارة من نار»

[ابن كثير، تفسير القرآن العظيم] «فاني سمعت رسول الله صلى الله عليه وسلم يقول من ستر عورة مؤمن فكأنما استحيا موءودة من قبرها»

[أبو نعيم، حلية الأولياء] «قال ذو النون: صدور الأحرار قبور الأسرار»