Giving some examples of unlegislated public interests from the actions of some of the Companions, such as the second adhan by 'Uthman, and the implementation of the triple divorce by 'Umar.
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The Shaykh : Recently, we spoke about the topic of 'Uthman's adhan (may Allah be pleased with him), and that his instituting it was not an innovation in the religion, but rather the realization of an unlegislated public interest that arose after the Prophet (peace and blessings be upon him). This is explicitly stated in the hadith of al-Sa'ib ibn Yazid, which al-Bukhari narrated in his Sahih: . This expansion is something that Muslims do not control, and they are not blamed for it. This is the cause for establishing a new legislation now to facilitate their attendance at the Prophet's Mosque, so 'Uthman saw that he should place that adhan in al-Zur'a.
I include in this category entirely what is established from 'Umar ibn al-Khattab (may Allah be pleased with him) regarding his ruling that the divorce pronounced with the phrase "three" counts as three, while he knew for certain that it was a single divorce during the time of the Prophet (peace and blessings be upon him), during the entire time of Abu Bakr, and during part of his own caliphate (may Allah be pleased with him). But when he saw people rushing and continuing to combine the divorce with the phrase "three," contrary to the saying of the Blessed and Exalted:[Al-Baqarah 2:229], he asked himself or those around him: "What if we make it three as a disciplinary measure for them?" It seemed good to him, so he implemented it. We cannot say that this is an innovation in the religion; rather, this action was temporary. He saw people contradicting the Sunnah, and without doubt, he made it clear to them that this contradicts the Sunnah, just as we do in this time entirely. You find people rushing to pronounce a triple divorce with a single phrase in one session or in multiple sessions with a single phrase. So 'Umar (may Allah be pleased with him) saw that he should implement it as three upon them. This was his independent legal reasoning, not an act of worship, but rather to address a problem that occurred in his time. Whether he was right or wrong, this is a matter covered by the general meaning of his saying (peace and blessings be upon him): Mishkat al-Masabih 3732. What matters to us now is to clarify this clarification, because it is not practiced now. Allah has inspired many Muslim scholars to return to the authentic Sunnah, which is that the divorce pronounced with the phrase "three" is only a single divorce. But the important thing is that we do not rush to say that 'Umar ibn al-Khattab, the Commander of the Faithful, innovated in the religion. This is absolutely not the case; rather, it was independent legal reasoning necessitated by the time. This is the public interest necessitated by the time. This cause did not exist in the time of the Messenger (peace be upon him), nor in the time of 'Umar, because people were still upon the Sunnah. When people became numerous in contradicting the Sunnah regarding the pronouncement of divorce with the phrase "three," 'Umar ibn al-Khattab exercised independent legal reasoning. And it is more likely in my view that he was correct in this ruling and rewarded with two rewards entirely. But it is not permissible for us to take that as a Sunnah and rule by it against the authentic Sunnah, which is the Sunnah of the Messenger (peace and blessings be upon him), and upon which Abu Bakr and 'Umar also proceeded in the beginning of his caliphate. This is from the unlegislated public interests. When the cause for it ceases, the ruling ceases with it. And when this becomes clear to us entirely, we return to the topic of the imam who is traveling leading those who are resident.
When Madinah expanded due to the increase of construction in it, 'Uthman ibn 'Affan placed the second adhan in al-Zur'a.
أنه لما توسعت المدينة بكثرة البنيان فيها، وضع عثمان بن عفان الأذان الثاني في الزوراءI include in this category entirely what is established from 'Umar ibn al-Khattab (may Allah be pleased with him) regarding his ruling that the divorce pronounced with the phrase "three" counts as three, while he knew for certain that it was a single divorce during the time of the Prophet (peace and blessings be upon him), during the entire time of Abu Bakr, and during part of his own caliphate (may Allah be pleased with him). But when he saw people rushing and continuing to combine the divorce with the phrase "three," contrary to the saying of the Blessed and Exalted:
