Is the prohibition in the hadith for the purpose of declaring something unlawful (tahreem) or merely disliked (karaaha), and is it specific to the number three?
First: Among the manners of gatherings in Islam is that two people should not whisper secretly without a third, in order to preserve peace of mind, based on the Prophet's (peace be upon him) saying: "If you are three, then two should not whisper secretly without the third, until you mix with people, lest it grieves him."
Second: The prohibition mentioned in the aforementioned hadiths is outwardly one of prohibition (tahreem), so it is forbidden for two people to whisper secretly without a third, or for a group of people to whisper secretly without one of them.
Third: The following are exceptions to the prohibition of secret whispering: 1. If the third person gives permission. 2. If the number is more than three, then it is permissible for two to whisper secretly without the rest. 3. If there is a need or an overriding benefit, such as someone whispering to his son or servant about preparing food in front of a guest.
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