The statement of one who does not specify a time limit for wiping over the leather socks
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Question:
And I said to him: The Shaykh mentioned that some scholars transmitted from Shaykh al-Islam Ibn Taymiyyah that he said wiping over the hands was needed by a person who wiped over them, even if the duration was long, but the condition is the continuation of the need for it, such as war or illness, even if it continued beyond the time limit specified in the hadiths. What is your opinion?
Answer:
This is the statement of Imam Malik (may Allah have mercy on him). It is attributed to Imam Malik that he does not see a time limit being specified, taking the view of the hadith of Abu 'Umarah and the general wording of the other hadiths. However, the majority are of the opposite opinion, and that is the correct one. The correct view is that it is obligatory to specify the time limit as the Prophet (peace and blessings be upon him) specified it in many hadiths. And as we mentioned, the unrestricted is understood in light of the restricted. This is the legal principle. So even if Shaykh al-Islam or Imam Malik said this, it is a weak opinion. An Imam among the Imams may exercise independent legal reasoning, and his reasoning may be either wrong or the weaker position. Does this happen even if he is an Imam among the Imams?
And I said to him: The Shaykh mentioned that some scholars transmitted from Shaykh al-Islam Ibn Taymiyyah that he said wiping over the hands was needed by a person who wiped over them, even if the duration was long, but the condition is the continuation of the need for it, such as war or illness, even if it continued beyond the time limit specified in the hadiths. What is your opinion?
Answer:
This is the statement of Imam Malik (may Allah have mercy on him). It is attributed to Imam Malik that he does not see a time limit being specified, taking the view of the hadith of Abu 'Umarah and the general wording of the other hadiths. However, the majority are of the opposite opinion, and that is the correct one. The correct view is that it is obligatory to specify the time limit as the Prophet (peace and blessings be upon him) specified it in many hadiths. And as we mentioned, the unrestricted is understood in light of the restricted. This is the legal principle. So even if Shaykh al-Islam or Imam Malik said this, it is a weak opinion. An Imam among the Imams may exercise independent legal reasoning, and his reasoning may be either wrong or the weaker position. Does this happen even if he is an Imam among the Imams?
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب المسح على الخفين — islamhouse.com (46:21)
The Arabic text is a machine transcription of the audio recording.