Does the tacit approval indicate permissibility based on the hadith of Ibn 'Umar: "We used to eat while walking and drink while standing in the time of the Messenger of Allah (peace and blessings be upon him)"?
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The Shaykh : Yes
The questioner : Tacit approval falls under what makes a matter permissible, as per the hadithSunan Ibn Majah 3301Sahih (Darussalam)
The Shaykh : Yes, this tacit approval does not involve approval after a prohibition. It is not that. Do you see, if the Messenger did something, is it more important than if his Companions did it? Ibn 'Umar is the one saying this, so he is speaking about what they used to do. Yes, this was an action, and the answer has already been given. His action (peace be upon him) is more important than the action of some of the Companions.
Suppose there was a tacit approval, but here it is not permissible for us to say "he approved." When is it said that he approved? When he saw it and remained silent. But here, it can be said that they were doing it based on the presumption of original permissibility, as we said earlier. But suppose he saw it and approved it, what do we do? What is the reconciliation? The reconciliation has already been given. His approval is not more important than his action, because the scholars divide his Sunnah (peace be upon him) into speech, action, and tacit approval. Tacit approval comes in the third stage. The first stage is speech, followed by his action, and finally his tacit approval. And tacit approval is not always a legislative proof. This is an example before you now. This is if we follow your argument. His approval here is not approval; rather, they were doing it based on the presumption of original permissibility.
However, even if we assume there is a text of the Messenger's (peace be upon him) approval for some of the Companions who drank while standing, we have seen in the authentic hadith that he disapproved of the one who drank while standing. So do not let this prohibition of that supposed approval escape your mind. And there is no actual approval, but rather they were doing it based on the presumption of original permissibility.
And here is a scientific point that the hadith leads us to, which is that we said the scholars classify the Sunnah into three categories: speech, action, and tacit approval. Why do they place tacit approval in the third position? Because sometimes there may be circumstances surrounding the tacit approval that make it not a valid proof.
It has come in *Mustadrak al-Hakim* and *Musnad Abu Ya'la* with a sound chain of narration from Abu Sa'id al-Khudri (may Allah be pleased with him) The questioner is strong, asking the Messenger, and this is known in some other hadiths from his saying (peace and blessings be upon him) Jami` at-Tirmidhi 652Hasan (Darussalam) So the man would come to the Prophet (peace and blessings be upon him) while he was strong and ask him, and he would give to him, but he (peace and blessings be upon him) would follow his giving with his saying (peace and blessings be upon him) So here a question comes from some of the Companions, therefore If the Prophet (peace and blessings be upon him) had not given to this person, he might have gone and spoken about something that touches the status of prophethood and the message, and for that reason he said So he gives, but it should not have been given; however, to preserve the status of prophethood and the message, he preferred giving over prohibition. So here he asked and he was silent. This silence here is not considered approval, because the Prophet (peace and blessings be upon him) said later This is an answer regarding the issue of the claimed approval.
Please, yes.
The questioner : Tacit approval falls under what makes a matter permissible, as per the hadith
At the time of the Messenger of Allah (ﷺ) we used to eat while walking, and drink while standing up.
كنا على عهد الرسول صلى الله عليه وسلم نأكل ونحن نمشي ونشرب من قيامThe Shaykh : Yes, this tacit approval does not involve approval after a prohibition. It is not that. Do you see, if the Messenger did something, is it more important than if his Companions did it? Ibn 'Umar is the one saying this, so he is speaking about what they used to do. Yes, this was an action, and the answer has already been given. His action (peace be upon him) is more important than the action of some of the Companions.
Suppose there was a tacit approval, but here it is not permissible for us to say "he approved." When is it said that he approved? When he saw it and remained silent. But here, it can be said that they were doing it based on the presumption of original permissibility, as we said earlier. But suppose he saw it and approved it, what do we do? What is the reconciliation? The reconciliation has already been given. His approval is not more important than his action, because the scholars divide his Sunnah (peace be upon him) into speech, action, and tacit approval. Tacit approval comes in the third stage. The first stage is speech, followed by his action, and finally his tacit approval. And tacit approval is not always a legislative proof. This is an example before you now. This is if we follow your argument. His approval here is not approval; rather, they were doing it based on the presumption of original permissibility.
However, even if we assume there is a text of the Messenger's (peace be upon him) approval for some of the Companions who drank while standing, we have seen in the authentic hadith that he disapproved of the one who drank while standing. So do not let this prohibition of that supposed approval escape your mind. And there is no actual approval, but rather they were doing it based on the presumption of original permissibility.
And here is a scientific point that the hadith leads us to, which is that we said the scholars classify the Sunnah into three categories: speech, action, and tacit approval. Why do they place tacit approval in the third position? Because sometimes there may be circumstances surrounding the tacit approval that make it not a valid proof.
It has come in *Mustadrak al-Hakim* and *Musnad Abu Ya'la* with a sound chain of narration from Abu Sa'id al-Khudri (may Allah be pleased with him)
That the man would come to the Prophet (peace and blessings be upon him and his family) and ask him, and he (peace be upon him) would give to him, and he was strong
أن الرجل كان يأتي النبي صلى الله عليه وآله وسلم فيسأله فيعطيه عليه السلام يعطيه وهو قويCharity is not lawful for the rich nor for the physically fit.
لا صدقة لغني ولا لذي مرة سويThat he goes out carrying fire in his armpit
إنه يخرج وقد تأبط ناراO Messenger of Allah, why did you give to him? He said: They ask me, and Allah dislikes stinginess in me
يا رسول الله لم تعطيه قال يسألونني ويكره الله لي البخلThey ask me, and Allah dislikes stinginess for me.
يسألونني ويكره الله لي البخلThey ask me, and Allah dislikes stinginess for me.
يسألونني ويكره الله لي البخلThey ask me, and Allah dislikes stinginess for me.
يسألونني ويكره الله لي البخلPlease, yes.
