Is the rule that anything that contradicts the Shari'ah command is considered invalid and does not suffice correct?
Machine translationRead the Arabic original
The questioner : In the issue, I mean... al-Shawkani and al-San'ani wrote about the issue of invalidity, meaning that an act is not invalidated unless a condition or a pillar is missing.
The Shaykh : Yes.
The questioner : But... I mean, I benefited from Ibn Hazm and also from some of the books of the Hanbalis that anything that contradicts the Shari'ah command, what was commanded by the Shari'ah, is considered invalid and does not suffice.
The Shaykh : No, no, that is not correct.
The questioner : I mean, the hadith...
The Shaykh : This is not correct.
The questioner : So, how is the answer here?
The Shaykh : And I just told you, there is no difference between the obligatory, the pillar, and the condition.
The questioner : It is correct by the technical classification, I mean, inductively.
The Shaykh : No, no, in terms of the evidence, I mean.
The questioner : The pillar invalidates, but the obligatory does not invalidate.
The Shaykh : In terms of the evidence, it is not necessary that the evidence...
The questioner : The evidence for invalidity or its absence? I do not know what you are saying.
The Shaykh : What is the difference between something being obligatory but not a pillar or a condition? What is the difference, I mean, how is the obligatory established and how is the pillar or condition established?
The questioner : This question was directed to you, my Shaykh, because this is what I read in... the pillar or the condition... especially the condition, because it is established, for example, by text or consensus or the negation of validity unless this thing is present, and as for the pillar, I tried to look for the pillar, but I think it is like it.
The Shaykh : Your saying "by text" is a gap.
The questioner : Which is the condition.
The Shaykh : May Allah guide you, may Allah guide you, why are you in a hurry? I am telling you, your saying "by text" is a gap. You have two options: if you understood, you say "you are right," and if you did not understand, you say "I did not understand." But you say, "I said the pillar, I understand the pillar."
The Shaykh : Yes.
The questioner : But... I mean, I benefited from Ibn Hazm and also from some of the books of the Hanbalis that anything that contradicts the Shari'ah command, what was commanded by the Shari'ah, is considered invalid and does not suffice.
The Shaykh : No, no, that is not correct.
The questioner : I mean, the hadith...
The Shaykh : This is not correct.
The questioner : So, how is the answer here?
The Shaykh : And I just told you, there is no difference between the obligatory, the pillar, and the condition.
The questioner : It is correct by the technical classification, I mean, inductively.
The Shaykh : No, no, in terms of the evidence, I mean.
The questioner : The pillar invalidates, but the obligatory does not invalidate.
The Shaykh : In terms of the evidence, it is not necessary that the evidence...
The questioner : The evidence for invalidity or its absence? I do not know what you are saying.
The Shaykh : What is the difference between something being obligatory but not a pillar or a condition? What is the difference, I mean, how is the obligatory established and how is the pillar or condition established?
The questioner : This question was directed to you, my Shaykh, because this is what I read in... the pillar or the condition... especially the condition, because it is established, for example, by text or consensus or the negation of validity unless this thing is present, and as for the pillar, I tried to look for the pillar, but I think it is like it.
The Shaykh : Your saying "by text" is a gap.
The questioner : Which is the condition.
The Shaykh : May Allah guide you, may Allah guide you, why are you in a hurry? I am telling you, your saying "by text" is a gap. You have two options: if you understood, you say "you are right," and if you did not understand, you say "I did not understand." But you say, "I said the pillar, I understand the pillar."
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
