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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the default ruling for the commands of the Messenger recommendation and desirability?

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The questioner : In the name of Allah. That is all. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah. Do not forget. May Allah reward you with good, may Allah reward you, and may Allah make your knowledge beneficial. The questioner says: Honorable Shaykh! I ask you to clarify to us the correctness of the statement that the default ruling for the commands of Allah is obligation, and the default ruling for the commands of the Messenger is recommendation and desirability. He cites as evidence for the claim that the default ruling for the commands of the Messenger is recommendation and desirability the saying of the Messenger of Allah (peace and blessings be upon him):
And of what I have commanded you, do as much of it as you are able.وما أمرتكم به فأتوا منه ما استطعتم
Based on this, the commands of the Messenger of Allah (peace and blessings be upon him) are judged to be for desirability, such as letting the beard grow. May Allah reward you with good.

The Shaykh : I say that this statement is invalid. It is invalid from its very origin. The command of the Messenger is like the command of Allah. Allah the Exalted said: "Whoever obeys the Messenger has obeyed
Allah, and His messages." And whoever disobeys Allah and His Messenger - then indeed, for him is the fire of Hellاللَّهِ وَرِسَالَاتِهِ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ فَإِنَّ لَهُ نَارَ جَهَنَّمَ
[Al-Jinn 72:23]
" And Allah the Exalted said:
Say, [O Muhammad], "If you should love Allah, then follow meقُلْ إِن كُنتُمْ تُحِبُّونَ اللَّهَ فَاتَّبِعُونِي
[Ali 'Imran 3:31]
. The texts on this matter are numerous.
And it is not possible for us to distinguish between the command of Allah and the command of His Messenger ever. However, the scholars of usul al-fiqh (principles of jurisprudence) disagreed on whether the default ruling for a command is obligation, or whether the default is desirability, or whether what falls under the category of etiquette is for desirability and what falls under the category of worship is for obligation. There are three known opinions on this, and this rule cannot be applied consistently. Because it is contradicted in many matters where there are commands that the scholars have agreed are recommended. And there are commands in which they disagreed on whether they are obligatory or recommended, and this cannot be regulated by a single rule. Rather, each piece of evidence must be examined in itself, in its own right, and whether the requirement of the Shari'ah is that the command is obligatory? Yes, is the command for obligation or for desirability? As for his example of letting the beard grow, that is a mistake, because letting the beard grow is obligatory.
Due to the saying of the Prophet (peace and blessings be upon him): "Differ from the polytheists,
Do the opposite of what the pagans do. Keep the beards and cut the moustaches short.خالفوا المشركين، وفروا اللحى وحفوا الشوارب
Sahih al-Bukhari 5892
" And because letting the beard grow is part of the guidance of whom? Who is it the guidance of, my brothers? The prophets and messengers. Our Messenger Muhammad (may Allah's prayers and peace be upon him) had a great beard, thick and wide, to the extent that the Companions behind him could recognize his recitation in prayer by the movement of his beard. And Harun said to his brother Musa:
O son of my mother, do not seize [me] by my beard or by my headيَا ابْنَ أُمَّ لَا تَأْخُذْ بِلِحْيَتِي وَلَا بِرَأْسِي
[Taha 20:94]
. I ask you by Allah, if two paths were presented to you, the path of the messengers and the path of the Magi and the polytheists, which would you choose? Which would you choose, my brothers? The path of the messengers, there is no doubt about this.
So the command to let the beard grow is for obligation, it is not from the category of customs, and it is not from the category of recommended acts. And the Prophet (peace and blessings be upon him) informed us that letting the beard grow is part of the fitrah (innate natural disposition). So the fitrah upon which Allah created people indicates letting it grow, and the practice of the prophets and messengers indicates letting it grow. Therefore, shaving it is forbidden. And the wonder, my brothers, is that before the occurrence of the wicked Western colonialism, it was not possible for anyone to shave his beard, to the extent that they considered shaving the beard one of the greatest defects. Even the scholars (may Allah have mercy on them), when they mentioned ta'zir (discretionary punishment) for sins, ta'zir for sins means that the sinner is disciplined if he sins, they said: It is forbidden to impose ta'zir by shaving the beard, because shaving it is forbidden, it is forbidden. So this means that shaving the beard in the past was considered a form of punishment. For this reason, the jurists (may Allah have mercy on them) prohibited it. But when Western colonialism came, and unfortunately it colonized many of the lands of the Muslims, shaving the beard became a trivial and customary matter. And they empowered those who empowered themselves over the Muslims to punish those who let their beards grow.
But the Muslim must be patient. And he should not be like those about whom Allah said:
And of the people are some who say, "We believe in Allah," but when one [of them] is harmed for [the cause of] Allah, they consider the trialوَمِنَ النَّاسِ مَن يَقُولُ آمَنَّا بِاللَّهِ فَإِذَا أُوذِيَ فِي اللَّهِ جَعَلَ فِتْنَةَ
[Al-'Ankabut 29:10]
. He must be patient. As for if he is coerced, such that the authority detains him and shaves his beard, or says "Shave or you will be imprisoned," then he is coerced and there is no sin on him. But mere mocking by those who oppose it, or making fun of him, does not prevent him from letting it grow. Rather, it should be something that increases the believer's steadfastness and adherence. And you, my brother, if you see someone mocking you for upholding the religion of Allah, recite the saying of Allah the Exalted.
Indeed, those who committedإِنَّ الَّذِينَ أَجْرَمُوا
[Al-Mutaffifin 83:29]
What?
used to laugh at those who believed.كَانُوا مِنَ الَّذِينَ آمَنُوا يَضْحَكُونَ
[Al-Mutaffifin 83:29]
And when they passed by them, they would exchange derisive glances.وَإِذَا مَرُّوا بِهِمْ يَتَغَامَزُونَ
[Al-Mutaffifin 83:30]
Who is passing by? Are they the criminals or the believers? Both. When the criminal passed by the believer, they stood up and exchanged winks. And when the believers passed by them while they were sitting, they stood up and exchanged winks.
And when they returned to their peopleوَإِذَا انقَلَبُوا إِلَىٰ أَهْلِهِمُ
[Al-Mutaffifin 83:31]
The criminals turned out to be joking, meaning merry and happy that they had mocked the believers. And when they saw them, meaning when the Muslims saw the believers, they said, "These are certainly misguided." Now they do not say "misguided"; they say "these are reactionaries," and the meaning is the same. Listen,
(34) So Today those who believed are laughing at the disbelievers, (35) On adorned couches, observing.فَالْيَوْمَ الَّذِينَ آمَنُوا مِنَ الْكُفَّارِ يَضْحَكُونَ عَلَى الْأَرَائِكِ يَنظُرُونَ
[Al-Mutaffifin 83:34-35]
this is, by Allah, the laughter after which there is no weeping, but the laughter of the criminal at the believer is followed by long weeping.
So you, my brother, must be patient. You must be patient if you are harmed for the sake of Allah. It is only an hour and then it will pass. Be patient for the patience of an hour, and you will thereby attain the reward of the patient. So this example given by the questioner is a mistake, and the correct view is that shaving the beard is forbidden and that letting it grow is an act of worship, not a custom.

The presenter : May Allah reward you with good.
Source دروس وفتاوى المسجد الحرام لعام 1419هـ - 41 — binothaimeen.net (38:15)

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

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