Is the rule "the 'illah (operative cause) follows the ma'lul (effect) in both affirmation and negation" valid, and is it applicable in all cases?
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The Shaykh : Please go ahead.
The questioner : My Shaykh, may Allah reward you with good.
The Shaykh : But with one condition.
The questioner : Please go ahead.
The Shaykh : Listen to the recording.
The questioner : Hahaha, my Shaykh, may Allah reward you with good. It is not hidden from you that some scholars established this rule, saying, "the 'illah (operative cause) follows the ma'lul (effect) in both affirmation and negation..." and they gave examples of this. So, my Shaykh, is this rule applicable in all cases?
The Shaykh : No.
The questioner : We ask for clarification.
The Shaykh : This rule applies to matters that are legislated based on a Shari'ah 'illah (operative cause), provided that no other evidence has established the continued legality of the worship legislated by that 'illah. It does not apply to a Shari'ah ruling that is legislated based on an 'illah (operative cause) if the ruling continues despite the absence of the 'illah. In such a case, the aforementioned rule is applied as long as nothing has come to establish the continuation of the ruling with the absence of the 'illah. For example, the running (ramal) during Hajj. We know that the origin of this running is that when the Prophet (peace and blessings be upon him) entered Mecca as a conqueror, and the Messenger had announced, the polytheists, those who were granted safety for their lives, were sitting in a corner of the mosque watching the victors. When they saw some of them... like them... they saw them like this and said, "These are the people of Yathrib. Are they able to perform tawaf?" The Messenger (peace and blessings be upon him), either through revelation from the sky or through the ordinary means of someone hearing the speech and conveying it to him, ordered them to run in order to display strength and vitality against the polytheists' assumption about them. Indeed, their morale weakened when they saw these brave men walking like heroes. Here, in principle, this rule is applied. However, we know that the Messenger (peace and blessings be upon him) performed Hajj and 'Umrah and maintained the running and did not abandon it, most likely. Therefore, even if the 'illah (operative cause) for which the running was legislated were to disappear, as long as the Messenger did it, the rule is not applied here. It is strange that 'Umar ibn al-Khattab intended to abolish this running and said, Sahih Muslim 1262a, but he did not do what came to his mind. This is an example, and in my opinion, there are other examples. But the rule is now clarified by what I mentioned earlier: "the 'illah (operative cause) follows the ma'lul (effect) in existence and absence, except if it is established in the Shari'ah that the ma'lul (effect) does not cease with the cessation of its 'illah (operative cause)."
The questioner : May Allah reward you with good
The Shaykh : And you likewise
The questioner : My Shaykh, may Allah reward you with good.
The Shaykh : But with one condition.
The questioner : Please go ahead.
The Shaykh : Listen to the recording.
The questioner : Hahaha, my Shaykh, may Allah reward you with good. It is not hidden from you that some scholars established this rule, saying, "the 'illah (operative cause) follows the ma'lul (effect) in both affirmation and negation..." and they gave examples of this. So, my Shaykh, is this rule applicable in all cases?
The Shaykh : No.
The questioner : We ask for clarification.
The Shaykh : This rule applies to matters that are legislated based on a Shari'ah 'illah (operative cause), provided that no other evidence has established the continued legality of the worship legislated by that 'illah. It does not apply to a Shari'ah ruling that is legislated based on an 'illah (operative cause) if the ruling continues despite the absence of the 'illah. In such a case, the aforementioned rule is applied as long as nothing has come to establish the continuation of the ruling with the absence of the 'illah. For example, the running (ramal) during Hajj. We know that the origin of this running is that when the Prophet (peace and blessings be upon him) entered Mecca as a conqueror, and the Messenger had announced
Whoever enters the house of Abu Sufyan is safe.
من دخل بيت أبي سفيان فهو آمنAllah's Messenger (ﷺ) walked swiftly
ما لي وقد رمل رسول الله صلى الله عليه وسلمThe questioner : May Allah reward you with good
The Shaykh : And you likewise