Mentioning the conditions for adopting unconnected public interests, and giving examples of this from reality.

The Shaykh : But despite that, these means that have occurred since then are not permissible to adopt or introduce into the category of unconnected public interests except with two conditions: First: that this means was not possible to adopt in the time of the Messenger, and yet the Messenger (peace be upon him) did not adopt it or base his practice on it. An example of this is that today there are taxes in all Islamic states, unfortunately, imposed on Muslim peoples on the grounds that the interest of the state requires imposing these taxes, which are called in the language of the Shari'ah "mukus" (arbitrary taxes), including customs duties. It is said: this means occurred after the Messenger (peace be upon him), and the intention to achieve a goal for the benefit of the nation does not justify adhering to it; because we say: it was possible for the Messenger (may Allah's prayers and peace be upon him) to adopt this means when the Shari'ah was being revealed to him continuously, and yet he was content with imposing zakah to fill the treasury of the Muslims, and was content with sources such as the spoils of war that Muslims gain in their wars against the disbelievers, and other means detailed in the books of hadith and books of jurisprudence.
So adopting a means today for the same purpose, which is the interests of the state, namely filling its treasury with money, as long as the means was possible to adopt in the time of the Messenger (peace be upon him) and he did not adopt it, then adopting it for the same purpose is an innovation in the religion. And a closer and much closer example, which perhaps many of the attendees have not heard of: we all know that the obligatory zakah was collected in the time of the Messenger (may Allah's prayers and peace be upon him) by employees known as "sua'ah" (collectors), who are known today as "juba'ah" (tax collectors). In the past, the one who collected money was called a "sa'i" (collector), and its plural is "sua'ah." They would go around the owners of cattle and livestock, and the owners of lands with dates, wheat, and barley, collecting everything from these types in the season and bringing them to the treasury of the Muslims, in a very precise system detailed in every respect in the books of the Sunnah and books of hadith.
But perhaps many of the attendees do not know or do not realize that these collectors did not collect the zakah of the two currencies (gold and silver). They did not collect the zakah of the two currencies from the rich, and they did not inspect the treasuries of the rich, saying, "Let us see what money you have? Two and a half percent, calculate it and take it from him." This was not the case in the time of the Messenger (peace be upon him). Unlike the zakah of livestock and crops, for which there were specialized employees to collect it from those upon whom it was obligatory. As for the zakah of the two currencies, the zakah of gold and silver, the Wise Lawgiver entrusted its matter to the rich Muslim. He is the one tasked with paying this zakah without there being a claimant, supervisor, or enforcer over him.
So if a state today wanted to collect the zakah of the two currencies as they used to collect the zakah of livestock and crops in the time of the Messenger (peace be upon him) through the collectors, this would be an innovation in the religion. Because the Prophet (may Allah's prayers and peace be upon him), who legislated for the Muslims to give zakah to the employed collectors who go to the owners of those assets to collect it from them; this Messenger (peace be upon him), who legislated for Allah (Blessed and Exalted is He) this collection in this manner, did not legislate for those collectors and those tax collectors to collect the zakah of the two currencies. So the one who legislated that did not legislate this. If we come and legislate a new means from our own side, where the reason for legislating it existed in the time of the Messenger (peace be upon him) and yet he did not legislate it, then this is an innovation in the religion.
And a final example, and with that I think it is sufficient to explain the topic of unconnected public interests: that every means that leads to achieving a religious matter is permissible, but on the condition that this means occurred later and the reason for adopting it did not exist in the time of the Messenger (peace be upon him). A final example I mentioned on a similar occasion, but to complete the benefit I remind you of this reason: it is the adhan for the prayer of seeking rain or the prayer of the eclipse. This is not legislated; because the Messenger (peace be upon him) prayed the prayer of the eclipse and did not call the adhan. The reason for gathering people by the method of the adhan existed in the time of the Messenger, and yet he did not legislate this means for them, even though it is legislated for the five daily prayers. Consequently, no other means is legislated for it, as happened to me when I was in Sharjah on the day the moon was eclipsed. Perhaps there was an eclipse in your area as well?

The questioner: Yes.

The Shaykh : And we were strangers to that town, and at about midnight we heard noise and commotion around us, and we did not understand their language well. Then one of my family members drew my attention, and we were in the room, that the moon had been eclipsed. At that time we realized that the matter was takbir and tahlil from various directions. So we said to ourselves that this was certainly not in the time of the Messenger (peace be upon him), but rather people were gathered for such a prayer by the mu'adhdhin saying, "The prayer is gathered, the prayer is gathered." Nevertheless, I said: this means that we saw there in the Emirates is better than the means we know in our Syrian country. There you hear a strange noise, which is beating on copper vessels; the vessels they cook on, they beat them with a very annoying beat, so you hear noise throughout the town. This is one of the effects of purely superstitious traditions; because it is common among us there that the cause of the eclipse is that the fish opens its mouth and tries to swallow the moon; and therefore they try to frighten this alleged fish with that annoying beating.
So I said, in any case: the adhan is not legislated for the prayer of the eclipse, as there is no better means than it; because the Messenger (may Allah's prayers and peace be upon him) did not do it. So the unconnected public interest is every cause that leads to achieving a religious matter explicitly stated in the Book and the Sunnah, but this cause did not have the reason for adopting it existing in the time of the Messenger (peace be upon him). If it existed and the Messenger did not adopt it, then at that time it is not permissible for us to adopt it.