How do we reconcile the fasting of the Prophet (peace and blessings be upon him) on Saturday with what has come regarding his prohibition of it?
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The Shaykh: And he joins us in the topic, and as He - the Exalted - said: [Al-Qasas 28:35].
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh: No problem, but the scholars specialized in the pursuit of knowledge have a distinction. What appears to you regarding this specifically? And the summary: How do we reconcile the general prohibition with the fasting of the Messenger - peace be upon him - on Saturday?
The Shaykh: If the Day of Tashreeq falls on a Saturday.
The questioner: Does the prohibition take precedence, meaning?
The Shaykh: No, don't use the word "meaning." We want to know what you mean or what appears to you. We do not want to put anyone in a difficult position.
The questioner: Yes.
The Shaykh: If you have an opinion from which we can benefit, put it forward, may Allah reward you with good. Then, after that, if we look at the other brothers and they have an opinion, because scientific research has no bias for one person over another or for one group over another.
The questioner: He, our Shaykh, Ibn Hazm says: "If a prohibition and a permission come, certainly the prohibition is later than the permission; there is no prohibition except after a permission." And he says: "If a prohibition comes in a text and a permission in a text and they conflict, the prohibition is given precedence because the original state in acts of worship is prohibition until the evidence comes."
The Shaykh: Yes, this is known; we mentioned it last night.
The questioner: Yes.
The Shaykh: Among their rules is: "The prohibitor takes precedence over the permissor." But I ask the one who interprets the hadith:Sunan Ibn Majah 1726Hasan (Darussalam), adding from his own side and by his own ijtihad, unless he fasts with him a day. This is what the one who says this addition does. What prevents him from saying: He prohibited fasting on the days of Tashreeq, so if it happens that the last day of the days of Tashreeq is Saturday, we exit the prohibition by adding a day after it, as we did in the hadith: Sunan Ibn Majah 1726Hasan (Darussalam). Know that this is a side, in my belief, important in confirming the prohibition of fasting on Saturday more than the prohibition of fasting on the days of Tashreeq, because he says: Sunan Ibn Majah 1726Hasan (Darussalam). And if this had not come regarding the days of Tashreeq, as far as I know, yes.
The questioner: The discussion was in the previous session; it was a rule that was applied.
The Shaykh: May Allah forgive what has passed. May Allah bless you. We do not repeat the past. We want a scientific solution now.
The questioner : ...
The Shaykh: Go ahead, go ahead.
The questioner: That the rule is: "The prohibition takes precedence over the permission."
The Shaykh : Very good.
The questioner: But I mentioned the words of Ibn Taymiyyah that this rule is not consistent, because if it becomes clear that this prohibition is specified by the Shari'ah itself, then that means the permission is stronger than it. So when we looked at the fasting of Saturday, which has a prohibition, the Prophet - peace and blessings be upon him - prohibited its fasting, and we found that in other hadiths he permitted Saturday. And here it indicates that this prohibition is not in its generality. This prohibition came when Saturday came with Friday, it is fasted. The Prophet - peace and blessings be upon him - fasted Saturday and Sunday. So this prohibition is not in its generality. From here we said that in order to act upon all the hadiths, that fasting on Saturday, if it comes with another day, then its fasting is permissible. But if it comes alone, then its fasting is not permissible. As for the days of Tashreeq, this specification has never come. For example, the prohibition of the days of Tashreeq, the Prophet - peace and blessings be upon him - did not say, for example, "I prohibit the days of Tashreeq except if it comes at such a time" or "except if it comes before such a thing" or "if it comes after such a thing." That is, nothing came in the Shari'ah that specifies it. But in Saturday, what specifies it came.
The Shaykh: This is a claim that did not come in the Shari'ah. This is your understanding and the understanding of others who preceded you. When you say "no specification came here, specification came there," this is unsound and inaccurate speech. Why? Because the claimed specification is not from the Shari'ah, but from the one who holds fast to the Shari'ah.
The questioner: Yes.
The Shaykh: And he tries to reconcile the texts. So there is a difference between your saying "such and such came in the Shari'ah," meaning the difference between ijtihad in understanding an issue and the explicit text regarding this issue. There is a very big difference.
The questioner: Meaning, in general...
The Shaykh: Okay, so if you mean, contrary to what is implied by your wording, that the specification came in the Shari'ah, this is your understanding. And based on this understanding, you raised the previous question. When you say, meaning, or I want me to say, the correct thing is for you to say, you and those who preceded you with this opinion: "I specify the hadith 'Do not fast' with the hadith of the fasting of the Messenger - peace be upon him - is this expression correct or not? And this is undoubtedly narrower than saying that the specification came in the Shari'ah. I am with you. Up to here I say: He prohibited fasting on the days of Tashreeq, and we have that the Messenger - peace be upon him - fasted on Saturday. Does it not appear to you that there is a conflict here, or is there no conflict?
The questioner: There is a conflict.
The Shaykh: So... the conflict is between the two texts.
The questioner: The rule is applied here: The prohibitor takes precedence over the permissor.
The Shaykh: Okay, and in Tashreeq.
The questioner: The point is not the fasting of Saturday here.
The Shaykh : How?
The questioner: The point here is the prohibition of the days of Tashreeq...
The Shaykh: If the prohibition of the days of Tashreeq is a general prohibition, and Saturday came and entered into the generality, which of the two prohibitions is stronger? The general prohibition in which Saturday entered, or the specific prohibition that came regarding fasting on Saturday? Which is stronger in prohibition? Is it not the specific prohibition? So you are now reversing the matter completely. You make the specific prohibition less than the general prohibition. And this means that the specific prohibition, which does not admit specification, and conversely, the general prohibition admits specification. You reversed the matter as if you are saying the general prohibition of fasting on the days of Tashreeq is stronger than the specific prohibition of fasting on Saturday, while the general prohibition is one in which specification can enter. In other words, specifying the prohibition of the days of Tashreeq with the fasting of the Messenger - peace be upon him - on Saturday is easier. And I do not say that, of course, because I am still holding fast to the rule: "The prohibitor takes precedence over the permissor." But if someone says that restriction or specification is necessary, then specifying the prohibition of fasting on the days of Tashreeq, if its last day is Saturday, with the fasting of the Messenger - peace be upon him - is easier than specifying the specific prohibition directed at Saturday, especially since he explicitly stated the exception only in what was assumed upon us. So what makes you hold fast to the rule, as I do, in his prohibition of fasting on the days of Tashreeq, and say: "The prohibitor takes precedence over the permissor"? Is that not so? Okay, why do you not hold fast to the same rule in his - peace be upon him - prohibition of fasting on Saturday specifically, especially since he restricted after he generalized, and he specified. And this is stronger for the generality after this specification came, which isSunan Ibn Majah 1726Hasan (Darussalam). Why do you not apply the rule? What prevents you from doing so?
The questioner : ...
The Shaykh: He made an exception, my brother.
The questioner: Yes,Sunan Ibn Majah 1726Hasan (Darussalam).
The Shaykh: All right.
We will strengthen your arm through your brother
سَنَشُدُّ عَضُدَكَ بِأَخِيكَThe questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh: No problem, but the scholars specialized in the pursuit of knowledge have a distinction. What appears to you regarding this specifically? And the summary: How do we reconcile the general prohibition with the fasting of the Messenger - peace be upon him - on Saturday?
The Shaykh: If the Day of Tashreeq falls on a Saturday.
The questioner: Does the prohibition take precedence, meaning?
The Shaykh: No, don't use the word "meaning." We want to know what you mean or what appears to you. We do not want to put anyone in a difficult position.
The questioner: Yes.
The Shaykh: If you have an opinion from which we can benefit, put it forward, may Allah reward you with good. Then, after that, if we look at the other brothers and they have an opinion, because scientific research has no bias for one person over another or for one group over another.
The questioner: He, our Shaykh, Ibn Hazm says: "If a prohibition and a permission come, certainly the prohibition is later than the permission; there is no prohibition except after a permission." And he says: "If a prohibition comes in a text and a permission in a text and they conflict, the prohibition is given precedence because the original state in acts of worship is prohibition until the evidence comes."
The Shaykh: Yes, this is known; we mentioned it last night.
The questioner: Yes.
The Shaykh: Among their rules is: "The prohibitor takes precedence over the permissor." But I ask the one who interprets the hadith:
Do not fast on Saturdays apart from days when you are obliged to fast
لا تصوموا يوم السبت إلا فيما افتُرِضَ عليكمDo not fast on Saturdays
لا تصوموا يوم السبتapart from days when you are obliged to fast
إلا فيما افتُرِضَ عليكمThe questioner: The discussion was in the previous session; it was a rule that was applied.
The Shaykh: May Allah forgive what has passed. May Allah bless you. We do not repeat the past. We want a scientific solution now.
The questioner : ...
The Shaykh: Go ahead, go ahead.
The questioner: That the rule is: "The prohibition takes precedence over the permission."
The Shaykh : Very good.
The questioner: But I mentioned the words of Ibn Taymiyyah that this rule is not consistent, because if it becomes clear that this prohibition is specified by the Shari'ah itself, then that means the permission is stronger than it. So when we looked at the fasting of Saturday, which has a prohibition, the Prophet - peace and blessings be upon him - prohibited its fasting, and we found that in other hadiths he permitted Saturday. And here it indicates that this prohibition is not in its generality. This prohibition came when Saturday came with Friday, it is fasted. The Prophet - peace and blessings be upon him - fasted Saturday and Sunday. So this prohibition is not in its generality. From here we said that in order to act upon all the hadiths, that fasting on Saturday, if it comes with another day, then its fasting is permissible. But if it comes alone, then its fasting is not permissible. As for the days of Tashreeq, this specification has never come. For example, the prohibition of the days of Tashreeq, the Prophet - peace and blessings be upon him - did not say, for example, "I prohibit the days of Tashreeq except if it comes at such a time" or "except if it comes before such a thing" or "if it comes after such a thing." That is, nothing came in the Shari'ah that specifies it. But in Saturday, what specifies it came.
The Shaykh: This is a claim that did not come in the Shari'ah. This is your understanding and the understanding of others who preceded you. When you say "no specification came here, specification came there," this is unsound and inaccurate speech. Why? Because the claimed specification is not from the Shari'ah, but from the one who holds fast to the Shari'ah.
The questioner: Yes.
The Shaykh: And he tries to reconcile the texts. So there is a difference between your saying "such and such came in the Shari'ah," meaning the difference between ijtihad in understanding an issue and the explicit text regarding this issue. There is a very big difference.
The questioner: Meaning, in general...
The Shaykh: Okay, so if you mean, contrary to what is implied by your wording, that the specification came in the Shari'ah, this is your understanding. And based on this understanding, you raised the previous question. When you say, meaning, or I want me to say, the correct thing is for you to say, you and those who preceded you with this opinion: "I specify the hadith 'Do not fast' with the hadith of the fasting of the Messenger - peace be upon him - is this expression correct or not? And this is undoubtedly narrower than saying that the specification came in the Shari'ah. I am with you. Up to here I say: He prohibited fasting on the days of Tashreeq, and we have that the Messenger - peace be upon him - fasted on Saturday. Does it not appear to you that there is a conflict here, or is there no conflict?
The questioner: There is a conflict.
The Shaykh: So... the conflict is between the two texts.
The questioner: The rule is applied here: The prohibitor takes precedence over the permissor.
The Shaykh: Okay, and in Tashreeq.
The questioner: The point is not the fasting of Saturday here.
The Shaykh : How?
The questioner: The point here is the prohibition of the days of Tashreeq...
The Shaykh: If the prohibition of the days of Tashreeq is a general prohibition, and Saturday came and entered into the generality, which of the two prohibitions is stronger? The general prohibition in which Saturday entered, or the specific prohibition that came regarding fasting on Saturday? Which is stronger in prohibition? Is it not the specific prohibition? So you are now reversing the matter completely. You make the specific prohibition less than the general prohibition. And this means that the specific prohibition, which does not admit specification, and conversely, the general prohibition admits specification. You reversed the matter as if you are saying the general prohibition of fasting on the days of Tashreeq is stronger than the specific prohibition of fasting on Saturday, while the general prohibition is one in which specification can enter. In other words, specifying the prohibition of the days of Tashreeq with the fasting of the Messenger - peace be upon him - on Saturday is easier. And I do not say that, of course, because I am still holding fast to the rule: "The prohibitor takes precedence over the permissor." But if someone says that restriction or specification is necessary, then specifying the prohibition of fasting on the days of Tashreeq, if its last day is Saturday, with the fasting of the Messenger - peace be upon him - is easier than specifying the specific prohibition directed at Saturday, especially since he explicitly stated the exception only in what was assumed upon us. So what makes you hold fast to the rule, as I do, in his prohibition of fasting on the days of Tashreeq, and say: "The prohibitor takes precedence over the permissor"? Is that not so? Okay, why do you not hold fast to the same rule in his - peace be upon him - prohibition of fasting on Saturday specifically, especially since he restricted after he generalized, and he specified. And this is stronger for the generality after this specification came, which is
apart from days when you are obliged to fast
إلا فيما افتُرِضَ عليكمThe questioner : ...
The Shaykh: He made an exception, my brother.
The questioner: Yes,
apart from days when you are obliged to fast
إلا فيما افتُرِضَ عليكمThe Shaykh: All right.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
