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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Indication of Prohibition in the Etiquette of Relieving Oneself: Between Prohibition and Dislike

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Question:
In the name of Allah, the Most Gracious, the Most Merciful. Honorable Shaykh, is the prohibition in the hadith of Qatadah from the category of disavowal (al-bara') in prohibition? And is the degree of the sea equal in the case of half of the mention and breathing, or do we differ between these states?

Answer:
The prohibition is for dislike. They say that the prohibition is for dislike in all these matters. The prohibition is not for prohibition (haram) but rather for dislike, because these matters are among the etiquettes that should be practiced. In matters within the scope of etiquette, the command is for recommendation (mustahabb) and the prohibition is for dislike (makruh). This is what they say, as if it is a rule with them. What is from the category of etiquette, the command in it is for recommendation and the prohibition is for dislike.
Otherwise, if we proceed according to the apparent meaning? The apparent meaning is prohibition, and some of the scholars hold this view, that it is for prohibition. Therefore, al-Bukhari (may Allah have mercy on him) titled his chapter "The Chapter on the Prohibition of Such and Such," and did not say "The Chapter on the Prohibition (Haram) of Such and Such." He said "The Chapter on the Prohibition of Such and Such" and did not say "The Chapter on the Prohibition (Haram) of Such and Such," because this prohibition is complete. This is from his precision (may Allah have mercy on him). But the hadith of Islam. And the remaining matters, such as touching the hand, such as cleaning oneself with less than three stones, such as facing the qiblah and turning one's back to it. If this is directed, what is directed to the rest? It is not the one who directs, and Allah knows best, that this rule is that what is from the category of etiquette does not reach the level of prohibition (haram). Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب قضاء الحاجة - 2 — islamhouse.com (55:15)

The Arabic text is a machine transcription of the audio recording.

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