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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A possible objection to the rule that the practice of the righteous predecessors is required for the details of a general hadith that have not been specified by a particular text, regarding the validity of acting upon them and the principle

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The questioner : The question relates to what you mentioned. A possible objection may be raised to the rule that the practice of the righteous predecessors is required for the details of a general hadith that have not been specified by a particular text, regarding the validity of acting upon them. The usul al-fiqh principle states that the absence of transmission does not indicate the transmission of absence. How should one respond to this objection? May Allah reward you with good?

The Shaykh : We hinted at the answer in the previous response, but it is necessary to provide further clarification for this question now.
We say that the phrase the questioner referred to is from the statements of the scholars, which says that not knowing a thing does not necessitate knowing its absence. This statement is correct, but it applies to details that may be hidden from the general public, meaning that they are not matters for which the incentives to transmit them are present, like the previous example. There are many, and very many, examples of this. Therefore, we say that it is necessary to distinguish between something that is apparent and public, and something that is not apparent and public. It is possible that the Messenger (peace and blessings be upon him) or some of his noble Companions did so, but no one became aware of it because it was not a public matter. As we usually illustrate with some examples, such as the two Eid prayers. It is not prescribed to call the adhan for them, but it is prescribed to gather for the prayer. However, the other prayers that are recommended or obligatory, according to the disagreement among jurists on this, are generally considered by the majority of scholars to be among the recommended practices where gathering people is part of the Sunnah, but they do not have an adhan. So if someone says, taking the generality of
remember Allah with much remembrance اذْكُرُوا اللهَ ذِكْرًا كَثِيرًا
[Al-Ahzab 33:41]
, "My brother, what prevents us from calling the adhan for one of these prayers for which we know there is no text regarding the adhan?" But also, as the innovators say in all their innovations, "Do you have a prohibition for this innovation? We do not have a prohibition." As they say, for example, regarding sending blessings upon the Messenger after the adhan, they say it is a good innovation. When we deny it to them, they ask, "Is there a prohibition against it?"

The questioner : You mean making it audible after the adhan.

The Shaykh : I mean something broader than making it audible. Making it audible is clear to all people. Perhaps you heard me earlier when some questioners asked me about this issue, and I distinguished between the mu'adhdhin saying "O Allah, Lord of this perfect call" and sending blessings upon the Messenger (peace and blessings be upon him). Because the first matter has a general text: "When you hear the call..." and so on. As for sending blessings upon the Messenger, there is only the specific text directed to the listeners. Therefore, some authors in the present era, from the supporters of the Sunnah, keep going around denying the audibility. This is a deficient denial, because the mu'adhdhin adding the sending of blessings upon the Messenger (peace and blessings be upon him) to the adhan, even if done secretly, has not been transmitted, and there is no general text that includes it between him and his Lord (Blessed and Exalted is He). Therefore, we say that these innovators, in all their innovations, never fail to find a general text under which they include their innovation. Therefore, the precision of Imam al-Shatibi (may Allah have mercy on him) in his great book al-I'tisam, which I advise students of knowledge to focus on studying and understanding well, because it is filled with knowledge, is evident. He distinguishes after generalizing the statement of the Messenger (peace and blessings be upon him), as is clear: "Every innovation is misguidance, and every misguidance is in the Fire." He divides innovation into two types: true innovation and additional innovation. And it is understood from his words that additional innovation is what the community has suffered from more and more than true innovation. He means by true innovation the innovation that has no basis at all in the Book or the Sunnah, and it is generally a creedal innovation. As for additional innovation, it is that when looking at one aspect of the evidence, it appears to be prescribed, and when looking at other aspects, it appears to be not prescribed. In that case, it is correct to call it an innovation of misguidance. He gives good and very clear examples of the issue, such as seeking forgiveness after the prayer. Seeking forgiveness after the prayer is a Sunnah because it came in Sahih Muslim from the hadith of Thawban (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him), when he finished his prayer, would seek forgiveness from Allah three times. He says, but making the seeking of forgiveness audible with one voice was added to this Sunnah. By this consideration, it is an innovation and not part of the Sunnah. Similarly, he says, the social gathering that takes place after the prayers, especially after 'Asr and Fajr, where the imam faces the praying congregation and teaches them the tasbih, tahmid, and takbir, then he supplicates and raises his hands, and then they say "Ameen" to his supplication. He says this has a basis in the Sunnah because tasbih is commanded, and supplication in general also has some hadiths about it. But this gathering in this manner occurred after the Messenger (peace and blessings be upon him). So this gathering is an innovation, but it has a basis in the Shari'ah in that these recitations and dhikr are mentioned in it. He calls that an additional innovation. So I say, if we do not observe this rule, which is that every Shari'ah text from the Book or the Sunnah contains many parts, and some of these parts were not practiced by the Muslims, it would be an innovation. If we do not observe this, may Allah bless the innovators in their innovations, because as we said earlier, they never fail to find a general text that supports their innovation. Therefore, we must arm ourselves with understanding of this rule against our opponents and those who disagree with us from the innovators, so that we can establish the argument against them and their argument does not stand against us. This is a reminder, and the reminder benefits the believers.
The summary of the answer is the distinction between apparent matters for which the incentives to transmit them are present, and matters that are not so.
Source alathar.net

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

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