Is the rule
Machine translationRead the Arabic original
The Shaykh: Go ahead.
The questioner : May Allah reward you with good.
The Shaykh : Yes, with one condition.
The questioner: Go ahead.
The Shaykh : Do you hear the recording?
The questioner : Ah, my Shaykh, may Allah reward you with good. It is not hidden from you that some of the scholars said, meaning, "Establish the rule," and they said, "The 'illah (operative cause) revolves with the ma'lul (effect) in both negation and affirmation..." and they gave examples of this. So, my Shaykh, is this rule absolute?
The Shaykh : No.
The questioner : We ask for clarification.
The Shaykh : This rule applies to matters that are legislated based on a Shari'ah 'illah (operative cause), provided that no other evidence has established the continuity of the Shari'ah status of the act of worship legislated by that 'illah. If it is not established that the Shari'ah status of that act of worship legislated by that 'illah continues, then it is different from a Shari'ah ruling that is legislated based on an 'illah. In that case, the aforementioned rule is applied as long as nothing has come to establish the continuity of the ruling with the absence of the 'illah. For example, the running (ramal) in Hajj. We know that the origin of this running is that when the Prophet (peace and blessings be upon him) entered Mecca as a conqueror, and the Messenger had announced, so these polytheists who were granted safety for their lives were sitting in a corner of the mosque, watching the victors, these people whom we see some of... like them... and they saw them like this and said, "These are the people whom Yathrib has destroyed," and these... they thought they could not perform tawaf. So the Messenger (peace and blessings be upon him), either he was informed of the words of these polytheists through revelation from the sky or through the ordinary way, where one person heard the speech and conveyed it to him, in any case, he ordered them to run in order to display strength and vitality against the polytheists' assumption about them. And indeed, their morale weakened when they saw these brave men walking like heroes. Here, initially, this rule is applied. However, we know that the Messenger (peace and blessings be upon him) performed Hajj and 'Umrah and nevertheless maintained the running and did not abandon it, most likely. So, even if the 'illah for which the running was legislated were to disappear, as long as the Messenger did it, then the rule is not applied here. And it is strange that 'Umar ibn al-Khattab intended to abolish this running and said Sahih Muslim 1262a, but he did not do what came to his mind. So this is an example, and in my opinion, there are other examples, but the rule is now clarified by what I mentioned earlier: "The 'illah revolves with the ma'lul in existence and absence, unless it is established in the Shari'ah that the ma'lul does not cease with the cessation of its 'illah."
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : May Allah reward you with good.
The Shaykh : Yes, with one condition.
The questioner: Go ahead.
The Shaykh : Do you hear the recording?
The questioner : Ah, my Shaykh, may Allah reward you with good. It is not hidden from you that some of the scholars said, meaning, "Establish the rule," and they said, "The 'illah (operative cause) revolves with the ma'lul (effect) in both negation and affirmation..." and they gave examples of this. So, my Shaykh, is this rule absolute?
The Shaykh : No.
The questioner : We ask for clarification.
The Shaykh : This rule applies to matters that are legislated based on a Shari'ah 'illah (operative cause), provided that no other evidence has established the continuity of the Shari'ah status of the act of worship legislated by that 'illah. If it is not established that the Shari'ah status of that act of worship legislated by that 'illah continues, then it is different from a Shari'ah ruling that is legislated based on an 'illah. In that case, the aforementioned rule is applied as long as nothing has come to establish the continuity of the ruling with the absence of the 'illah. For example, the running (ramal) in Hajj. We know that the origin of this running is that when the Prophet (peace and blessings be upon him) entered Mecca as a conqueror, and the Messenger had announced
Whoever enters the house of Abu Sufyan is safe.
من دخل بيت أبي سفيان فهو آمنAllah's Messenger (ﷺ) walked swiftly
ما لي وقد رمل رسول الله - صلى الله عليه وسلم -The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
