Do we generalize the rule that if there is a newly introduced element, it is invalidated while the entire action is not, to all Islamic legal rulings?
Machine translationRead the Arabic original
The questioner : Do we generalize this to all Islamic legal rulings?
The Shaykh: What is it?
The questioner : The point is that if there is a newly introduced element, it is invalidated and the entire action is not?
The Shaykh : Yes, except where evidence indicates otherwise. Always, the exceptions that are necessary are considered. The original rule is like this; the original rule is like this.
The questioner : For example, if there is a prohibition regarding something in a sale.
The Shaykh : Yes.
The questioner : This does not invalidate the sale.
The Shaykh : It does not invalidate the sale, yes.
The questioner : Rather, the element itself is invalid.
The Shaykh : For example: "He prohibited two sales in one sale." I say: Based on the rule we mentioned earlier, this sale would be invalid. But the other narration came and gave us two benefits that we do not get from the first narration, which is:Sunan Abi Dawud 3461Hasan (Al-Albani); so here the sale is validated, but what is invalidated? The excess. The excess is invalidated, but the sale is validated. Were it not for this hadith, we would have invalidated two sales in one sale, because this is the original rule.
The questioner : These hadiths I mentioned, I mean, are cited as evidence for the position that if the sale is valid in its essence and the condition is defective, the condition is left, the condition is annulled, and the sale is valid, like the hadith of Barirah when the Prophet (peace and blessings be upon him) said:.
The Shaykh: Yes.
The questioner : And the condition is annulled afterwards.
The Shaykh: Yes.
The questioner : This affects the prohibition regarding the rule.
The Shaykh : Yes, it qualifies the rule, it qualifies the rule and clarifies it. In any case, the scholars have studied these matters and they say that there is no general statement that has not been specified, even this general statement. I mean, a general absolute statement in the mind is rare, very rare. Likewise, an absolute text that is not qualified is also very rare. Therefore, a person must be alert to general statements and absolute statements, in case there are, what? Specifiers or qualifiers.
The Shaykh: What is it?
The questioner : The point is that if there is a newly introduced element, it is invalidated and the entire action is not?
The Shaykh : Yes, except where evidence indicates otherwise. Always, the exceptions that are necessary are considered. The original rule is like this; the original rule is like this.
The questioner : For example, if there is a prohibition regarding something in a sale.
The Shaykh : Yes.
The questioner : This does not invalidate the sale.
The Shaykh : It does not invalidate the sale, yes.
The questioner : Rather, the element itself is invalid.
The Shaykh : For example: "He prohibited two sales in one sale." I say: Based on the rule we mentioned earlier, this sale would be invalid. But the other narration came and gave us two benefits that we do not get from the first narration, which is:
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
مَن باع في بيعتين في بيعة فله أوكَسُهما أو الرباThe questioner : These hadiths I mentioned, I mean, are cited as evidence for the position that if the sale is valid in its essence and the condition is defective, the condition is left, the condition is annulled, and the sale is valid, like the hadith of Barirah when the Prophet (peace and blessings be upon him) said:
Buy and set conditions for them
اشتري واشترطي لهمThe Shaykh: Yes.
The questioner : And the condition is annulled afterwards.
The Shaykh: Yes.
The questioner : This affects the prohibition regarding the rule.
The Shaykh : Yes, it qualifies the rule, it qualifies the rule and clarifies it. In any case, the scholars have studied these matters and they say that there is no general statement that has not been specified, even this general statement. I mean, a general absolute statement in the mind is rare, very rare. Likewise, an absolute text that is not qualified is also very rare. Therefore, a person must be alert to general statements and absolute statements, in case there are, what? Specifiers or qualifiers.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.