What is the meaning of the original presumption of permissibility?
Machine translationRead the Arabic original
The questioner : The correct understanding of the concept of this phrase is: "We cooperate on what we agree upon, and we excuse one another in what we differ upon."
The Shaykh : Yes, but you were asking about something you have finished with? I think it is about something.
The audience: The original presumption of permissibility.
The Shaykh : Yes, so the brother asked about "the original presumption of permissibility." "The original presumption of permissibility" is the counterpart to the scholars' statement: "The original ruling for things is permissibility." The original ruling for things being permissibility is the common usage employed by scholars. However, al-Shawkani (may Allah have mercy on him) and those who follow his path use this phrase: "the original presumption of permissibility." The meaning is the same; that is, if a Muslim finds something regarding the ruling on eating, drinking, or doing an action, and he wants to know the Shari'ah ruling, and he is among the people of knowledge, but he does not find a text indicating the ruling for this thing, whether prohibition or obligation or the like, then he returns to the mentioned rule: "the original presumption of permissibility," or "the original ruling for things is permissibility." This is what is intended by the original presumption of permissibility. The matter is clear, praise be to Allah. But now I recall a Syrian poem that uses the word "original" in this context. Someone was asked about the ruling on smoking, and he answered by saying:
"The original ruling in it is permissibility by Shari'ah *** And the prohibition of it is absolute ugliness"
And so on for what he said. It is a nice poem, and it contains a stance of abstention from issuing a fiqh ruling on smoking for about fifty years, as the harm of smoking, with the substance they call "nicotine," had not been established by doctors at that time. But now, the harm of smoking has been established with certainty. So there is no longer room for some of the doubters or hesitators regarding the prohibition of smoking. As for the jurist who holds fast to the evidence of the Book and the Sunnah, he does not hesitate at all, even before this time, in prohibiting smoking because of its clear harm, without the harm to the lungs and chest being known.
So "the original ruling for things is permissibility" is a very important fiqh rule. It is not permissible to depart from it except for a transferring evidence that justifies and legitimizes moving from it to what the evidence necessitates.
Other than that?
The Shaykh : Yes, but you were asking about something you have finished with? I think it is about something.
The audience: The original presumption of permissibility.
The Shaykh : Yes, so the brother asked about "the original presumption of permissibility." "The original presumption of permissibility" is the counterpart to the scholars' statement: "The original ruling for things is permissibility." The original ruling for things being permissibility is the common usage employed by scholars. However, al-Shawkani (may Allah have mercy on him) and those who follow his path use this phrase: "the original presumption of permissibility." The meaning is the same; that is, if a Muslim finds something regarding the ruling on eating, drinking, or doing an action, and he wants to know the Shari'ah ruling, and he is among the people of knowledge, but he does not find a text indicating the ruling for this thing, whether prohibition or obligation or the like, then he returns to the mentioned rule: "the original presumption of permissibility," or "the original ruling for things is permissibility." This is what is intended by the original presumption of permissibility. The matter is clear, praise be to Allah. But now I recall a Syrian poem that uses the word "original" in this context. Someone was asked about the ruling on smoking, and he answered by saying:
"The original ruling in it is permissibility by Shari'ah *** And the prohibition of it is absolute ugliness"
And so on for what he said. It is a nice poem, and it contains a stance of abstention from issuing a fiqh ruling on smoking for about fifty years, as the harm of smoking, with the substance they call "nicotine," had not been established by doctors at that time. But now, the harm of smoking has been established with certainty. So there is no longer room for some of the doubters or hesitators regarding the prohibition of smoking. As for the jurist who holds fast to the evidence of the Book and the Sunnah, he does not hesitate at all, even before this time, in prohibiting smoking because of its clear harm, without the harm to the lungs and chest being known.
So "the original ruling for things is permissibility" is a very important fiqh rule. It is not permissible to depart from it except for a transferring evidence that justifies and legitimizes moving from it to what the evidence necessitates.
Other than that?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
