same argument of mufti nizamuddin sahib. the point is if this has not happened before - does not mean we cannot examine if it cannot be done at all. firstly, to assure you: i have read alahazrat's risalah once again and the latest was a few days ago. i have been looking up all the instances and dozens of commentaries related to this hadith - the many routes, the various wordings etc. is it qaT'yi? alahazrat's risalah itself starts with the acknowledgement that there are conflicting reports in this matter (albeit according to alahazrat, the conflict is superficial) and proceeds to prove the position he prefers. in fact, in the risalah (al-Haqq al-mujtala) alahazrat himself cites hadith commentators like ali al-qari who prefers the position that some diseases are infectious and proximity causes spread of disease (this is a summarisation - not verbatim. please note) the hadith is clearly open for interpretation and imam ibn hajar cites six different opinions on this issue. among which is spread of disease is possible. when this be the case, and the issue at hand is of serious disease and even death, one should take a position even if one has to err on the side of caution. particularly when giants among hadith scholars have differed upon it. ---- aside: toorpushti is allamah abu abdullah faDlullah ibn al-Hasan ibn al-Husayn al-turpushti al-Hanafi. (d.661 AH) a contemporary of imam nawawi (d.676 AH). turpusht was in the province of shiraz. (is it turan-posht?). zabidi says that it is turbisht (with kasrah on baa. توربشت). author of the commentary on masabih al-sunnah of imam baghawi named "al-muyassar". ---- mirqat al-mafatih: the second opinion is that there is no evidence in this hadith to comprehensively reject that contagion is possible. toor-pushti said: " in my opinion the second opinion is a better explanation of the two (awla al-tawilayn) because it seeks to reconcile the hadith, whereas the first one suspends the principles of medicine. and the shariah does not negate it, rather it has been narrated that the shariah attests medical advice and rely upon (medicine) in the manner we have mentioned. [approximate translation] for those who wish to read turpushti's comments, see hadith #3542 (p.1010 in the available PDF editions). ---- of course, alahazrat refutes this based on the knowledge available in his time. in sha'Allah wa bi tawfiqihi we will see more details in the paper i am working on.