The Prophet's independent legal reasoning in matters where there is no explicit text
Machine translationRead the Arabic original
The questioner:
This questioner says: Is it true that the Prophet (peace and blessings be upon him) exercised independent legal reasoning in matters where there is no explicit text, as some scholars of the principles of jurisprudence affirm? Is it true that the Prophet (peace and blessings be upon him) exercised independent legal reasoning in matters where there is no explicit text, as some scholars of the principles of jurisprudence affirm?
The Shaykh:
Yes, the Messenger (peace and blessings be upon him) may exercise independent legal reasoning, and then revelation descends to support his independent legal reasoning (peace and blessings be upon him). So he (peace and blessings be upon him) sometimes exercises independent legal reasoning, and revelation descends to confirm the Messenger's (peace and blessings be upon him) independent legal reasoning. Yes.
The questioner:
He says in his question: And if he erred, he is not left in that state, as came in the hadith of the prisoners of Badr?
The Shaykh:
Yes, he (peace and blessings be upon him) exercises independent legal reasoning and it is correct according to his independent legal reasoning (peace and blessings be upon him), as it was when it began, when they captured seventy of the polytheists. 'Umar (may Allah be pleased with him) saw that they should be killed and advised the Prophet (peace and blessings be upon him) to kill them.
And al-Siddiq Abu Bakr advised the Prophet (peace and blessings be upon him) to accept ransom from them. So revelation descended to support the opinion of 'Umar (may Allah be pleased with him). This is an instance where 'Umar agreed with the revelation.
Allah the Exalted said:[Al-Anfal 8:67-68] [Al-Anfal 8:68], Allah prevented the punishment from befalling him because He, Glorified and Exalted is He, had decreed beforehand that he would not oppose His awliya (close friends of Allah).
The presenter:
I fear Allah for you,
This questioner says: Is it true that the Prophet (peace and blessings be upon him) exercised independent legal reasoning in matters where there is no explicit text, as some scholars of the principles of jurisprudence affirm? Is it true that the Prophet (peace and blessings be upon him) exercised independent legal reasoning in matters where there is no explicit text, as some scholars of the principles of jurisprudence affirm?
The Shaykh:
Yes, the Messenger (peace and blessings be upon him) may exercise independent legal reasoning, and then revelation descends to support his independent legal reasoning (peace and blessings be upon him). So he (peace and blessings be upon him) sometimes exercises independent legal reasoning, and revelation descends to confirm the Messenger's (peace and blessings be upon him) independent legal reasoning. Yes.
The questioner:
He says in his question: And if he erred, he is not left in that state, as came in the hadith of the prisoners of Badr?
The Shaykh:
Yes, he (peace and blessings be upon him) exercises independent legal reasoning and it is correct according to his independent legal reasoning (peace and blessings be upon him), as it was when it began, when they captured seventy of the polytheists. 'Umar (may Allah be pleased with him) saw that they should be killed and advised the Prophet (peace and blessings be upon him) to kill them.
And al-Siddiq Abu Bakr advised the Prophet (peace and blessings be upon him) to accept ransom from them. So revelation descended to support the opinion of 'Umar (may Allah be pleased with him). This is an instance where 'Umar agreed with the revelation.
Allah the Exalted said:
(67) It is not for a prophet to have captives [of war] until he inflicts a massacre [upon Allah 's enemies] in the land. Some Muslims desire the commodities of this world, but Allah desires [for you] the Hereafter. And Allah is Exalted in Might and Wise. (68) If not for a decree from Allah that preceded, you would have been touched for what you took by a great punishment.
مَا كَانَ لِنَبِيٍّ أَن يَكُونَ لَهُ أَسْرَىٰ حَتَّىٰ يُثْخِنَ فِي الْأَرْضِ تُرِيدُونَ عَرَضَ الدُّنْيَا وَاللَّهُ يُرِيدُ الْآخِرَةَ وَاللَّهُ عَزِيزٌ حَكِيمٌ لَّوْلَا كِتَابٌ مِّنَ اللَّهِ سَبَقَyou would have been touched for what you took by a great punishment.
لَمَسَّكُمْ فِيمَا أَخَذْتُمْ عَذَابٌ عَظِيمٌThe presenter:
I fear Allah for you,
Source
شرح أحاديث في الفتن والحوادث، تتمة باب الدجال وصفته وما معه — islamhouse.com (36:42)
The Arabic text is a machine transcription of the audio recording.