Why does the pilgrim run in the first three circuits, even though the cause for running that existed in the time of the Prophet (peace and blessings be upon him) has ceased?
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The questioner : There is a report from 'Umar ibn al-Khattab when he said, "… but we do as the Messenger of Allah (peace and blessings be upon him) did."
The Shaykh : Yes, correct.
The questioner : How do you mean?
The Shaykh : Your question is not clear. This supports what I am telling you. You are asking "how"? What do you mean by "how"?
The questioner : No, I am saying, you are saying the cause has ceased, meaning if the cause has ceased.
The Shaykh : The effect has ceased.
The questioner : The effect has ceased, so how did 'Umar…
The Shaykh : Now I understand you. The answer is: The rule, "The ruling follows the cause in its existence and non-existence," is a jurisprudential rule. I did not establish it, nor did I derive it, but what is intended by it are matters that fall under the category of permissibility and impermissibility, not the category of worship. If the basis for the legislation of a worship was a cause, and then that cause ceased, the worship continues. For example, it is not permissible to travel with a mahram, and it is not permissible for one who is not a mahram. This is a matter that has no relation to worship, because if you wanted not to travel, no one would say to you, "Travel." Therefore, here you observe the cause. The best example in this area is that… forbidden seclusion, if it were to turn into—excuse me—intoxicants, if they turn into vinegar, this is an instance of their saying, "The ruling follows the cause in its existence and non-existence." What is the cause for the prohibition of intoxicants? Intoxication. If the intoxication ceases, the cause ceases. What is the cause? The prohibition. Therefore, the intoxicants that have turned into vinegar become lawful, even though they were previously what? Forbidden. What is the reason? The cause of the prohibition, which is intoxication, has ceased. So this is a matter of lawful and forbidden, not a matter of obedience and worship. So the words of 'Umar ibn al-Khattab are in their proper place. Tawaf around the Ka'bah and running in three circuits are known. This is obedience and worship. So there are hadiths that encourage this form. So we remain with it, even if the cause that was the reason for the legislation of that worship has ceased, because it is worship, not ordinary matters, as we mentioned regarding vinegar and as we mentioned regarding travel. Perhaps this is clear, if Allah wills.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : Perhaps we can suffice, if Allah wills…
The Shaykh: As you wish.
The questioner : ... .
The Shaykh : Yes, correct.
The questioner : How do you mean?
The Shaykh : Your question is not clear. This supports what I am telling you. You are asking "how"? What do you mean by "how"?
The questioner : No, I am saying, you are saying the cause has ceased, meaning if the cause has ceased.
The Shaykh : The effect has ceased.
The questioner : The effect has ceased, so how did 'Umar…
The Shaykh : Now I understand you. The answer is: The rule, "The ruling follows the cause in its existence and non-existence," is a jurisprudential rule. I did not establish it, nor did I derive it, but what is intended by it are matters that fall under the category of permissibility and impermissibility, not the category of worship. If the basis for the legislation of a worship was a cause, and then that cause ceased, the worship continues. For example, it is not permissible to travel with a mahram, and it is not permissible for one who is not a mahram. This is a matter that has no relation to worship, because if you wanted not to travel, no one would say to you, "Travel." Therefore, here you observe the cause. The best example in this area is that… forbidden seclusion, if it were to turn into—excuse me—intoxicants, if they turn into vinegar, this is an instance of their saying, "The ruling follows the cause in its existence and non-existence." What is the cause for the prohibition of intoxicants? Intoxication. If the intoxication ceases, the cause ceases. What is the cause? The prohibition. Therefore, the intoxicants that have turned into vinegar become lawful, even though they were previously what? Forbidden. What is the reason? The cause of the prohibition, which is intoxication, has ceased. So this is a matter of lawful and forbidden, not a matter of obedience and worship. So the words of 'Umar ibn al-Khattab are in their proper place. Tawaf around the Ka'bah and running in three circuits are known. This is obedience and worship. So there are hadiths that encourage this form. So we remain with it, even if the cause that was the reason for the legislation of that worship has ceased, because it is worship, not ordinary matters, as we mentioned regarding vinegar and as we mentioned regarding travel. Perhaps this is clear, if Allah wills.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : Perhaps we can suffice, if Allah wills…
The Shaykh: As you wish.
The questioner : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.