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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Clarification of the rule of deriving rulings from the generality of a text.

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The Shaykh : From his saying (peace be upon him):
Is there any man who may do good with this (man) and pray along with him. أَلَا رجلٌ يتصدَّق على هذا فيصلِّي معه
Sunan Abi Dawud 574Sahih (Al-Albani)
This is their statement, and what is the difference between this expression and if he had said to him, "Pray with him"?

The questioner : ... And we also want clarification regarding the rule of generality, so that ... and also.

The Shaykh: Yes.

The questioner : The gesture of pointing with the finger between the two prostrations in the sitting of rest.

The Shaykh : ... We said, your question is separate from the second or third, otherwise you will force us to memorize your questions and then answer them in order, and this is not an easy matter. Rather, ask the question, then take the answer, then follow it with the second question, and so on.

The questioner : If you please, our Shaykh, sit on the chair. Our Shaykh, give me a chair, if you please, give me a chair.

The Shaykh : The first condition is that the text must be issued by the Infallible One who encompasses His speech and means what He says, and that is none other than the Messenger of Allah (peace and blessings be upon him). The second condition is that the practice of the Messenger (peace and blessings be upon him) must have been carried out for every part of that generality. Otherwise, if we imagine a part of that generality upon which the practice of the Messenger (peace and blessings be upon him) did not occur, then that matter upon which the practice of the Messenger (peace and blessings be upon him) did not occur is excluded from the generality, and one does not derive its legality from the generality. I believe this contains some ambiguity, except for one who is well-established in knowledge, and particularly in the principles of jurisprudence. Therefore, it is necessary to give an example or more, if necessary, to clarify what I just said: that a part of the generality issued by the Messenger (peace be upon him) upon which the practice of the Messenger (peace be upon him) did not occur, it is not permissible to derive the legality of that part from this generality. An example is what we take you far back to, the previous discussion, which is the repetition of the congregation. I will attach a later example to it for further clarification. The previous example is one that some people might use to derive its legality, and perhaps you have recalled the previous example, which is the repetition of the congregation in the mosque with a regular imam and a regular caller to prayer. Some of them might derive it from the generality of his saying (peace and blessings be upon him):
A man's prayer with another man is greater in reward than his prayer alone صلاة الرجل مع الرجل أزكى من صلاته وحده ، وصلاة الثلاثة أزكى من صلاة الرجلين
Sunan an-Nasa'i 843Hasan (Darussalam)
, and so on. This text is general, and it is issued from the mouth of the Messenger (may Allah pray upon him and grant him peace). Is this derivation correct? The answer is: No. Why? Because, as some of the scholars of the Salaf say regarding every newly invented matter among the matters that the majority of people are upon today and before today, claiming that it is an increase in good and an increase in good is good, they claim. The scholars of the Salaf say in refuting such claims: "If it were good, they would have preceded us to it." If this which we are now addressing, which is the second and third congregation and what follows them, were good, they would have preceded us.
The Shaykh: The first reason is that they are more knowledgeable about the implications and concepts of the hadith, and the second reason is that they are more eager than we are to draw near to Allah (Blessed and Exalted is He). So if this was not from the practice of the Salaf, their practice is a proof for us of the error of our derivation from this general text. This example is clear.

The questioner: Yes.

The Shaykh : This example addresses a real matter, as we said, the repetition of the second and third congregation. Now I move to an example I invented because it has not occurred, and I hope it will not occur, because it is from the same family for which we gave an example with the repetition of the congregation. I said, and I am still saying, I have said repeatedly and I am still saying repeatedly: If a group of people in the mosque want to pray the sunnah of the time, such as the sunnah before the midday or afternoon prayer, which is what happens, and this is the sunnah upon which the Salaf were, each one would move to a side and pray the sunnah alone. If it occurred to one of them to say: "Oh people, why are you separating in this prayer? Come, let us pray in congregation." He (peace be upon him) said:
the Hand of Allah is with the Jama'ah يد الله على الجماعة
Sunan an-Nasa'i 4020Sahih (Darussalam)
This is an authentic hadith. And he (peace be upon him) said in the previous hadith:
A man's prayer said along with another is purer than his prayer said alone صلاة الرجل مع الرجل أزكى من صلاته وحده
Sunan Abi Dawud 554Hasan (Al-Albani)
. Would he be correct in this claim that he called people to, to gather in congregation for the sunnah prayers? There is no doubt and no ambiguity that one who has been given an atom of knowledge would say: This is not permissible, and this is a religious innovation in Islam for which Allah has not sent down any authority. So what do you do with these hadiths? The answer is: These are general hadiths that do not include this specific detail, just like that one. Why? Because the practice of the righteous Salaf did not occur upon that. Is it clear?

The questioner: Yes.

The Shaykh : If we know these two conditions, and I remind you of them again. The first condition: The general text that is considered is the one issued from the mouth of the Messenger (peace be upon him), and not from anyone else. The second condition: That every detail of this generality has been practiced upon during the time of the Messenger (peace be upon him) and during the time of the righteous Salaf. If a part of the parts of this generality is lacking in the practice of the Salaf, that part exits from that generality.
Source www.al-albany.com

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

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