A Jurisprudential Principle Regarding Generality and Its Encompassing All Its Individuals
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I have a difficulty regarding evidence, and I have preserved it from you, or you have preserved it for us, may Allah reward you with good. The famous jurisprudential principle is that: if a text or a word is general, and then a specific individual is derived from it, is this word restricted to that individual, or is it taken in its generality and that individual is treated as an example? You chose, O Shaykh! The second one, is that not so?
This is if it agrees with the ruling of the general.
The questioner: But in the hadith: (When one of you wakes up from his sleep, he should not dip his hand in the vessel until he has washed it three times, for he does not know where his hand has spent the night) you considered this condition, where his hand spent the night, and restricted it to sleep at night, even though the word "wakes up" is general?The Shaykh: May Allah bless you! This is a good question, and there may be a difficulty in it,We now ask: Did the Companions (may Allah be pleased with them) sleep more at night or during the day? More at night. So if this instruction agrees with the majority, it is applied to it,Meaning: Here there is a circumstance, otherwise your statement is correct and applies to the principle, but there is a circumstance. The circumstance for the known restricts it, but if the correct one is -for example-The statement of Jabir (may Allah be pleased with him): (The Prophet (peace and blessings be upon him) ruled with the right of pre-emption in everything that has not been divided, so when the boundaries are established and the roads are directed, there is no pre-emption) we have a general word and a specific word in "everything that has not been divided," this is general and encompasses even a car if your partner sells to you, you have the right of pre-emption. But when the boundaries are established and the roads are directed, this is specific to land, which is what has boundaries and roads. So do we say: that the right of pre-emption is only in a partnership of land, or in everything? This is what is built upon the principle.
May Allah bless you and grant us and you beneficial knowledge and righteous deeds. Glory be to You, O Allah, and praise be to You, we bear witness that there is no deity but You, we seek Your forgiveness and turn to You in repentance.
This is if it agrees with the ruling of the general.
The questioner: But in the hadith: (When one of you wakes up from his sleep, he should not dip his hand in the vessel until he has washed it three times, for he does not know where his hand has spent the night) you considered this condition, where his hand spent the night, and restricted it to sleep at night, even though the word "wakes up" is general?The Shaykh: May Allah bless you! This is a good question, and there may be a difficulty in it,We now ask: Did the Companions (may Allah be pleased with them) sleep more at night or during the day? More at night. So if this instruction agrees with the majority, it is applied to it,Meaning: Here there is a circumstance, otherwise your statement is correct and applies to the principle, but there is a circumstance. The circumstance for the known restricts it, but if the correct one is -for example-The statement of Jabir (may Allah be pleased with him): (The Prophet (peace and blessings be upon him) ruled with the right of pre-emption in everything that has not been divided, so when the boundaries are established and the roads are directed, there is no pre-emption) we have a general word and a specific word in "everything that has not been divided," this is general and encompasses even a car if your partner sells to you, you have the right of pre-emption. But when the boundaries are established and the roads are directed, this is specific to land, which is what has boundaries and roads. So do we say: that the right of pre-emption is only in a partnership of land, or in everything? This is what is built upon the principle.
May Allah bless you and grant us and you beneficial knowledge and righteous deeds. Glory be to You, O Allah, and praise be to You, we bear witness that there is no deity but You, we seek Your forgiveness and turn to You in repentance.