A Response to Those Who Said That the Hadith of Talq ibn 'Ali (Is it not a piece of you?) Is Abrogated by the Hadith of Basrah (Whoever touches his private parts, let him perform wudu)

The questioner : All right, Shaykh, within the context of... responding to the statement of the Hanafis.

The Shaykh : Yes, those who said that the hadith: raised that hadith from obligation to recommendation.

The Shaykh : This is referred to the doctor; let us test his statement, which he quoted from some of them, with this statement that some of them quoted.

The questioner: Hehehe.
The student: Yes.

The Shaykh : I mean, why do they resort to... due to inability, whereas reconciliation is the original principle here.

The questioner : I mean, there are proofs for abrogation that the hadith: is the hadith of Talq ibn 'Ali, and then Talq ibn 'Ali himself narrates the hadith: , and indeed, more than that, more than ten of the Companions narrate the hadith: , and then they state that Talq ibn 'Ali is from the early period of Islam and the hadith of Basrah is from the later period of Islam, so in these aspects, it is stronger that the hadith of Talq ibn 'Ali is abrogated by the hadith of Basrah.

The Shaykh : All right, you, Doctor, noted your statement three times, then, then, then, and every "then" requires a separate investigation.

The questioner: Yes.

The Shaykh : So, do you repeat your first "then" so that we can stop at it and look at whether what you quoted is correct or not? What is the first "then"?

The questioner: Hehehe.

The Shaykh : If you have forgotten it, I am at the first one.

The questioner : I mean, truly, I want the truth.

The Shaykh : There is no doubt.

The questioner : No problem.

The Shaykh : I do not doubt what you intend.

The questioner : May Allah reward you with good.

The Shaykh : But because I do not doubt what you intend, I want you to be careful in raising objections to what you have heard.

The questioner : Yes, first, the hadith of Talq ibn 'Ali.

The Shaykh : This is it, yes.

The questioner : It was said that it is abrogated.

The Shaykh : It was said.

The questioner: Yes.

The Shaykh : It was said from the formulations of leniency.
The student : May Allah reward you with good.

The Shaykh: Yes.

The questioner : And there are aspects regarding abrogation.

The Shaykh : No, I fear that the second "then" will come before its time.

The questioner : May Allah reward you.

The Shaykh : Since you say "it was said," what is the value of this "it was said"?

The questioner : I mean, it is not established as authentic.

The Shaykh : All right, let it go, and this first "then" has fallen.

The questioner : All right, and what indicates abrogation is the following.

The Shaykh : Please, go ahead.

The questioner : First, that most of the Companions narrate a hadith that agrees with the hadith of Basrah ibn Safwan, about seven or eight of the Companions.

The Shaykh : So, in this, the principles of jurisprudence state that the hadith that is mass-transmitted.

The questioner: Yes.

The Shaykh : That is mass-transmitted.

The questioner: Yes.

The Shaykh : I do not say that seven narrated it from the Companions, that it is mass-transmitted from the Messenger of Allah (peace and blessings be upon him), that it is not permissible to reconcile it with a good hadith. I do not say it is a good hadith, nor do I say it is an authentic hadith. There is nothing of this in the principles at all; rather, what exists is the exact opposite, as I remember well in the explanation of al-Nukhba by al-Hafiz Ibn Hajar al-'Asqalani, when he speaks about reconciling hadiths, he says, "If the hadith is from the category of acceptable, and it is opposed by a hadith like it, then it is obligatory to reconcile the two hadiths by one of the means of reconciliation." This is what he says briefly, because his treatise is concise, as is well known.
The student: Yes.