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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of some rulings on abrogation and specification, including the specification of a mass-transmitted text by a singular report

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The Shaykh : This is abrogation in the terminology of the later scholars, because the later scholars restrict abrogation to the meaning of canceling a ruling from its root by a text that comes after the previous text. As for abrogation according to the earlier scholars... the Companions and the Successors, it includes even the specified text; it is abrogated by the specifying text, so it is an abrogating text. My purpose in this is to draw attention to the fact that the topic of abrogation is a terminological one, and matters that have been agreed upon by convention should not be a reason for a Muslim to reject what may be established from a text or evidence on the grounds that this necessitates abrogation, and abrogation is not permissible by a singular report, because this is a terminological issue. This is the purpose of this introduction.

The questioner : Professor, before the purpose, the paragraph you presented, I still don't really see it, meaning it seems like abrogation according to the earlier scholars includes the specifying text... more clarification?

The Shaykh : If you are patient, my brother, it may become clear when the speech is completed.

The questioner : If Allah wills.

The Shaykh : So the specifying text and the specified text, in reality, something of abrogation takes place in them. The specified text is the one that contains many details, then another text comes that excludes a specific part from these details, taking it out of the text, abrogating it and lifting it from it; therefore, specification is partial abrogation. This is a matter agreed upon by the scholars, despite their disagreement with the Hanafis. The majority of scholars say: It is permissible to specify a general mass-transmitted text by a singular non-mass-transmitted text. The Hanafis say: No, specification is not permissible except by a mass-transmitted text as well.

Eid Abbasi : ... .

The Shaykh : Yes?

Eid Abbasi : I mention in "Umdat al-Tafsir" between... with it.

The Shaykh : This is one of their opinions, as for solitary reports, specification is not permissible by them.

The questioner : ... .

The Shaykh: What is it?

The questioner : ... categories...?

The Shaykh : Yes, but specify, my brother.

The questioner : I mean specify, yes.

The Shaykh : Yes, that is it, specify.
The point is: If it is permissible to abrogate part of a general text by a text that has not reached the level of mass transmission, but is a singular report; and let us say, even if we move the discussion to the widespread hadith, let us say by a singular rare text. If the majority permit specifying a general mass-transmitted text by a singular rare text, as long as it is authentic, then what is the difference between specifying a general text and canceling part of it with a singular rare hadith; and canceling a mass-transmitted text that contained only one part, by another singular rare text? There is absolutely no difference between the two matters. Therefore, the objection of many scholars to the statement of the permissibility of abrogating the Qur'an by the Sunnah is a surprise or objection that has no justification after they have permitted specifying a general mass-transmitted text by a singular rare hadith. Therefore, we do not consider it unlikely that the abrogation of the Qur'an by a singular report may occur; even though it may be difficult for us sometimes to recall the evidence and example with something like what is said.
And in many cases, an occasion comes and I say: This is a mass-transmitted text and the Sunnah abrogated it. If we wanted to mention what some scholars mention, we would mention his saying - peace and blessings be upon him - :
There is no bequest for an heir. لا وصيَّة لوارث
, but this in reality does not indicate the original topic, which is the permissibility of the Qur'an being abrogated by the Sunnah, but rather the specification of the Qur'an by the Sunnah. That is because his saying - peace and blessings be upon him - :
There is no bequest for an heir لا وصية لوارث
did not abrogate a verse entirely from the Qur'an, but rather specified it.
a bequest for the parents and near relatives الْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْأَقْرَبِينَ
[Al-Baqarah 2:180]
The hadith said:
There is no bequest for an heir لا وصية لوارث
, whereas the close relatives mentioned in the verse are broader than those who inherit. So this hadith specifies and does not abrogate, so it is not a suitable example of a hadith that has not reached the level of mass transmission as an example of an abrogator from the Noble Qur'an. Rather, this is in reality a specifier, and the hadiths that specify verses are many and very many.

Eid Abbasi : Is
There is no bequest for an heir لا وصية لوارث
not mass-transmitted?

The Shaykh : No, it is not mass-transmitted, but it has several routes. Yes, Imam al-Shafi'i may say: It is mass-transmitted. But when we trace the individual words of the hadiths, it does not reach the level of mass transmission. But it is undoubtedly a widespread and famous hadith.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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