What the brother mentioned regarding the Companion's action conforming to the action of the Prophet (peace and blessings be upon him); does this not indicate that the prohibition is not general?
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The questioner : What the brother mentioned regarding the Companion's action conforming to the action of the Prophet (peace and blessings be upon him) in this... does this not indicate that the prohibition is not general?
The Shaykh : Do you hold that the prohibition is general from the perspective of usul al-fiqh (the principles of jurisprudence)?
The questioner : ... then the action of the Prophet (peace and blessings be upon him).
The Shaykh : I understood you, but it remains for you to understand me. I am asking you now: Is his prohibition of drinking while standing a general text? And if you say: It is a general text, the next question comes to you: What is the generality in it? Is it, for example, in terms of its encompassing all the individuals of the Ummah, or is it something else? What I am saying is that this is not from that category at all; there is no claimed generality in it. But I do not blame you if you understand from it a general text in the sense that it contains many parts, so we exclude a part from it. If you understand this, explain it to us and clarify it for us.
The questioner : On the basis that...
The Shaykh : No, do not say "on the basis." I say: Clarify for us what the generality is in this hadith?
The questioner : The clarification is that the Prophet (peace and blessings be upon him) acted out of need, legislating that the time of need is excluded from the prohibition.
The Shaykh : The time of need!
The questioner : ... dire necessity, meaning...
The Shaykh : It seems you have fallen into a trap, because who says: It is not permissible to drink water while standing out of need? I agree with you in this statement. Have we agreed?
The questioner : Meaning the first prohibition indicates that there is no exception.
The Shaykh : Do you hold that the prohibition is general from the perspective of usul al-fiqh (the principles of jurisprudence)?
The questioner : ... then the action of the Prophet (peace and blessings be upon him).
The Shaykh : I understood you, but it remains for you to understand me. I am asking you now: Is his prohibition of drinking while standing a general text? And if you say: It is a general text, the next question comes to you: What is the generality in it? Is it, for example, in terms of its encompassing all the individuals of the Ummah, or is it something else? What I am saying is that this is not from that category at all; there is no claimed generality in it. But I do not blame you if you understand from it a general text in the sense that it contains many parts, so we exclude a part from it. If you understand this, explain it to us and clarify it for us.
The questioner : On the basis that...
The Shaykh : No, do not say "on the basis." I say: Clarify for us what the generality is in this hadith?
The questioner : The clarification is that the Prophet (peace and blessings be upon him) acted out of need, legislating that the time of need is excluded from the prohibition.
The Shaykh : The time of need!
The questioner : ... dire necessity, meaning...
The Shaykh : It seems you have fallen into a trap, because who says: It is not permissible to drink water while standing out of need? I agree with you in this statement. Have we agreed?
The questioner : Meaning the first prohibition indicates that there is no exception.
Source
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