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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Are disputed issues, such as fasting on Saturday, to be raised among the general public? We request details on this matter.

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The questioner : O Shaykh, regarding the issues that are disputed among the general public, such as fasting on Saturday, for example; is it permissible for us, for example, to say this among the general public, telling them: "Do not fast on Saturday except for the obligatory fast," as some people told us: "Do not raise these issues among the people; as long as the scholars of this country issue rulings thus, do not contradict the scholars of this country, or so?"

Another questioner : The hadith is such that it is not to be acted upon there.

The questioner : They say: "You are confusing the people," and so on. So, the response to these people: We know, if Allah wills, that it is obligatory upon us to...

Another questioner : I, O my Shaykh, advised one of the noble brothers who is a caller to Allah, and he is committed to the Salafi methodology, a teacher at the Islamic University. It was the day of 'Ashura, I believe it was Tasu'a; this time it was on a Saturday. I think Tasu'a was on a Saturday. So he reminded the people in the Friday sermon, reminding them of fasting on Tasu'a and 'Ashura, and Tasu'a was on a Saturday. After the prayer, I went to him and clarified to him, and I said to him:
Do not fast on Saturdays apart from days when you are obliged to fast لا تصوموا يوم السبت إلا فيما افتُرِضَ عليكم
Sunan Ibn Majah 1726Hasan (Darussalam)
, then I said to him: "Here is a prohibition, then it is specified for the obligatory fast only, and then if one of you finds nothing but a stick..."

The Shaykh : ...of a tree.

Another questioner :
the bark of a tree or a grapevine branch, let him chew it لحاء شجر أو عود عنب فليمضَغْه
, meaning his command confirms the issue. So he said: "O my brother Abu Mu'adh, first: Imam Malik rejected the hadith. Second: this hadith is specified by what comes after it. Okay, did you fast a day before it or a day after it?" And he started, meaning, to twist the issue in this topic. So, truly I say: May Allah reward you with good. This place needs some detail, O my Shaykh, for our brothers in Saudi Arabia; it needs some detail.

The questioner : And many issues, O my Shaykh, and the response to them.

Another questioner : ... .

The questioner : Especially, for example, if the scholars there have issued a ruling on something, saying: "Do not contradict them..."

Another questioner : And the scholars, of course, do not act upon the hadith absolutely; meaning, by consensus, they say: "This hadith is specified by the hadith:
Did you fast the day after it? هل صمت يومًا بعده ؟
, and the day after it, the day of Saturday, was... will be a day of Saturday, after Friday, Saturday."

The questioner : The hadith of Juwayriya...

Another questioner : Yes, indeed... certainly, but my intention is for our brothers in Saudi Arabia.

The Shaykh : We say: This stance returns the Muslims to the ages of sectarian fanaticism. And this fanaticism, by the current Islamic awakening, has been eradicated, if Allah wills, among many students of knowledge, let alone the scholars. Therefore, their saying means opposing what correct knowledge, based on the texts of the Book and the Sunnah, has concluded. Among these texts is His saying, Blessed and Exalted is He:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result. فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
[An-Nisa 4:59]
, and similar verses and hadiths that command the Muslim to follow the Sunnah and not to follow those who contradict the Sunnah. Therefore, it is not befitting for a student of knowledge, let alone a scholar among the scholars of the Muslims, to return the Muslims backward, obliging them to follow the scholars of their country. Islam, as we all know, is one country. So, it is not befitting, if, for example, a country is predominantly adhering to a school of jurisprudence, and one of the individuals of this country wants to take the opinion of another school of jurisprudence, but this school is not known or famous in that country; it is not befitting to say to such a person: "Do not contradict the scholars." The phrase "Do not contradict the scholars" has a place other than this place. Do not contradict the scholars of the Muslims in the lands of Islam; meaning: do not contradict their consensus. As for not contradicting the scholars of a certain country, while there are scholars in another country who say the opposite of the first country's ruling; this is a new sectarian arrogance that should not come from some students of knowledge, let alone from a scholar trusted for his knowledge.
The Shaykh : The truth is that this phrase returns us to the writings and research and articles that were composed in response to the followers of taqlid (following a scholar without knowing his evidence), and to those who took taqlid as their religion, and thereby turned away from adhering to the Book and the Sunnah. It is possible to say: "O so-and-so, call with that which is best." Do not say: "This opinion is the one that every Muslim must follow." Rather, we also follow the righteous Salaf (the earliest generations), one of whom would say: "This is what I have. Whoever has better than what I have, let him present it to us." Our issue is not a matter of ijtihad (independent legal reasoning) such that it can be said that opinions differ. If that were the case, the matter would be very easy. But we argue with this authentic hadith.
The Shaykh : And those who say that Imam Malik rejected this hadith have come from ignorance of the hadith. Because this hadith, as I spoke about it in detail in my book "Irwaa' al-Ghalil," has three routes. A hadith narrated through three routes, if it were assumed that all these routes are weak, the rule would be applied: "The weak hadith is strengthened by the multiplicity of routes." So how, when some of them are authentic in themselves? If the transmission from Imam Malik of his rejection of this hadith is authentic, and I mention that they transmitted from him that he said: "A false hadith." Okay; how is it a false hadith when it is narrated through three chains, some of which are authentic?
The Shaykh : Some other scholars, like Abu Dawud, for example, and he is one of those who extracted this hadith, could not reject it, but he said: "It is abrogated." And it is known from the rules of usul al-fiqh (the principles of jurisprudence) that a hadith is not claimed to be abrogated unless it is not possible to reconcile it with its opponent. Here, there is no hadith that opposes it in a way that cannot be reconciled, so then one proceeds to claim abrogation. As for the hadith of Juwayriya, when the Messenger (peace and blessings be upon him) ordered her to have lunch with him, she said: "I am fasting." He said:
Did you fast on Thursday? هل صمتِ الخميس ؟
. She said: "No."
Do you intend to fast tomorrow ? هل تريدين أن تصومي غدًا ؟
Sunan Abi Dawud 2422Sahih (Al-Albani)
. She said: "No." He said:
So break your fast. فأفطري
. This hadith is not considered a general rule, but it deals with a specific incident; meaning: this noble woman who fasted on Friday; this one who fasted on Friday and had not fasted on Thursday is ordered to add Saturday to Friday. As for you coming initially and fasting on Friday with the intention to fast on Saturday; here you contradict our hadith:
Do not fast on Saturdays apart from days when you are obliged to fast لا تصوموا يوم السبت إلا فيما افتُرِضَ عليكم
Sunan Ibn Majah 1726Hasan (Darussalam)
. So, here the reconciliation is very broad. I now, and all those present, know that the Messenger prohibited fasting on Friday. So we do not fast on Friday unless we fast on Thursday; because fasting on Thursday is recommended and prescribed. But I did not fast on Thursday; so do I start fasting on Friday to follow it with fasting on Saturday? No; because the hadith we mentioned earlier is for the one who fasted on Friday and did not know this ruling. So the expiation for this fasting on Friday is to follow it with fasting on Saturday. This is answer number one.
The Shaykh : Answer number two: What does this whole process of fasting on Friday and then fasting on Saturday mean for the general people? Is it an obligatory matter? The answer: No. Okay; is it a permissible matter? Permissibility, yes. Is it more than that? Yes, it is recommended. Very good. Here is a rule: "When a prohibitor and a permitter conflict, which is given precedence? The prohibitor is given precedence over the permitter."
Do not fast on Saturdays apart from days when you are obliged to fast لا تصوموا يوم السبت إلا فيما افتُرِضَ عليكم
Sunan Ibn Majah 1726Hasan (Darussalam)
. Okay, I want to fast on Friday and Saturday; what is the ruling on this fasting? Is it obligatory? The answer: No. So the prohibitor is given precedence over the permitter.
Therefore, in light of what I have mentioned, there is absolutely no room for fasting on the Day of 'Ashura or the Day of 'Arafah if they fall on a Saturday. Then, many people fall into a misconception, much like the confusion that young students have with one another; when one of them suddenly asks his companion, "Is a qintar of cotton heavier or lead?" and he replies, "Lead," overlooking the word "qintar." The question was, "Is a qintar of cotton heavier or a qintar of lead?" He guides the unaware one who says, "No, lead." My brother, the issue is the qintar. A qintar of cotton fills the entire house, while a qintar of lead might only fill a corner of the house, but it is still a qintar. The point of this example is that many people mistakenly believe that if the Day of 'Arafah falls on a Saturday and they do not fast, they will lose out. In reality, they are the winners. Why? Because of his saying (peace and blessings be upon him):
Whoever leaves something for the sake of Allah, Allah will compensate him with something better than it مَن تَرَكَ شيئًا لله عوَّضَه الله خيرًا منه
. The one who does not fast on Saturday in obedience to the command of the Messenger (peace and blessings be upon him) on the Day of 'Ashura or the Day of 'Arafah is better than the one who fasts while knowing that his Prophet has forbidden fasting on Saturday except for the obligatory fast.
And this is sufficient, and praise be to Allah, Lord of the worlds.

The questioner : May Allah reward you with good.

The Shaykh : Oh Allah, is there anyone?
Peace be upon you.
Source www.al-albany.com

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

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