Explanation of the Jurisprudential Maxim: "When two contradictory texts come to us, one prohibiting and the other permitting, the prohibiting one is given precedence over the permitting one."
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The Shaykh : The jurisprudential maxim you referred to is the one that states, and I mentioned it in a recent occasion: When two contradictory texts come to us, one prohibiting and the other permitting, which one is given precedence? The prohibiting one. When two texts come to us, one permitting and the other forbidding, which one is given precedence? The forbidding one, and so on. The author has now cited a permitting text that does not prohibit, even though the Prophet (peace be upon him) disliked it, similar to what the author said regarding avoiding distraction and remembering the world and the like. However, there is a text that explicitly states that the Messenger (peace be upon him) was traveling, and when he arrived, Aisha (may Allah be pleased with her) prepared for him and adorned herself, and she decorated the house with a curtain containing images. The Messenger (peace be upon him) refused to enter, so Aisha (may Allah be pleased with her) went to him and said in some narrations: "O Messenger of Allah, if I have sinned, then I seek forgiveness from Allah." He (peace be upon him) said: . She said: "I bought it." After he tore it down, he said: . It would have been appropriate to cite this hadith, because this is the answer to his question when he said: "So he (peace be upon him) did not order him to cut it, but rather ordered her to move it." Here, instead of ordering her, he executed it himself, based on the principle: Sahih Muslim 49a. So the Messenger (peace be upon him) hastened and condemned this evil. Therefore, this explicit hadith regarding the condemnation of hanging images should be cited, and one should not be content with citing this hadith, which in my understanding of the subject is a stage in the gradual process toward permanent prohibition.
The questioner : ... .
The Shaykh : Yes?
The questioner : Like intoxicants, for example.
The Shaykh : First: This image, of course, was something the Messenger (peace be upon him) would pass by, see, and remain silent about, until Allah revealed to him, of course:[An-Najm 53:3-4]; He ordered him to condemn this, but gently, and on the basis that this would occupy him (peace be upon him) and remind him of the world. Then the other incident occurred, and he tore it down, and he explained the reason for tearing it down; which is that hanging these images involves assisting these image-makers who are the most severely punished people on the Day of Resurrection.
So, you have understood that the author's argument with the first hadith has no relation to the subject of images, because images were not mentioned in it, but rather it contains his (peace be upon him) saying:. And his argument with the second hadith is an incomplete argument, because this was at a stage of the legislation, and he should have mentioned the other hadith of Aisha (may Allah be pleased with her) in which the Messenger (peace be upon him) tore down the curtain and said: Sunan an-Nasa'i 5357Sahih (Darussalam).
What is this curtain?
ما هذا القِرام ؟Indeed, the most severely punished people on the Day of Resurrection are these image-makers; they will be told: "Bring to life what you have created."
إن أشد الناس عذابًا يوم القيامة هؤلاء المصوِّرون ؛ يُقال لهم : أحيُوا ما خلقتمHe who amongst you sees something abominable should modify it with the help of his hand
مَن رأى منكم منكرًا فليغيِّره بيدهThe questioner : ... .
The Shaykh : Yes?
The questioner : Like intoxicants, for example.
The Shaykh : First: This image, of course, was something the Messenger (peace be upon him) would pass by, see, and remain silent about, until Allah revealed to him, of course:
(3) Nor does he speak from [his own] inclination. (4) It is not but a revelation revealed,
وَمَا يَنْطِقُ عَنِ الْهَوَى * إِنْ هُوَ إِلَّا وَحْيٌ يُوحَىSo, you have understood that the author's argument with the first hadith has no relation to the subject of images, because images were not mentioned in it, but rather it contains his (peace be upon him) saying:
Indeed, Allah has not ordered us to clothe stones and clay.
إن الله لم يأمُرْنا بأن نكسُوَ الحجارة والطينThe people who will be most severely punished on the Day of Resurrection
إن أشدَّ الناس عذابًا يوم القيامة هؤلاء المصوِّرون
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
