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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the Jurisprudential Maxim: When two contradictory texts reach us, one present and the other permissive, the present one is given precedence.

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The Shaykh : The jurisprudential maxim you referred to is the one that states, and I mentioned it in a recent occasion, that when two contradictory texts reach us, one present and the other permissive, which one is given precedence? The present one. When two texts reach us, one permitting and the other prohibiting, which one is given precedence? The prohibition. And so on. The author cited a permissive text that is not forbidden, even though the Messenger (peace and blessings be upon him) disliked it, similar to what the author said regarding avoiding distraction and remembering the world and the like. However, there is a text that explicitly states that the Messenger (peace and blessings be upon him) was traveling, and when he arrived, Aisha (may Allah be pleased with her) prepared for him, adorned herself, and decorated the house with a curtain containing images. The Messenger (peace and blessings be upon him) refused to enter. Aisha (may Allah be pleased with her) went to him and said, in some narrations, "O Messenger of Allah, if I have sinned, then I seek Allah's forgiveness." He (peace and blessings be upon him) said:
What is this curtain? ما هذا القِرام
She said, "I bought it." He said, "And it was after he tore it down"
Indeed, the most severely punished people on the Day of Resurrection are these image-makers. They will be said to, "Bring to life what you have created." إن أشد الناس عذابا يوم القيامة هؤلاء المصوّرون يقال لهم أحيوا ماخلقتم
. It would have been appropriate to cite this hadith, because this is the answer to his question when he said, "So he (peace and blessings be upon him) did not order him to cut it, but rather ordered her to move it." Here, instead of ordering her, he executed it himself, in the sense of
He who amongst you sees something abominable should modify it with the help of his hand من رأى منكم منكرا فليغيره بيده
Sahih Muslim 49a
. So the Messenger (peace and blessings be upon him) hastened and condemned this evil. Therefore, this explicit hadith regarding the condemnation of hanging images should be cited, rather than relying on this hadith, which, in my understanding of the subject, is a stage in the process of gradual prohibition. Yes?

The questioner : ... .

The Shaykh : First, this image was naturally something the Messenger (peace and blessings be upon him) would pass by, see, and remain silent about, until Allah revealed to him, of course,
(3) Nor does he speak from [his own] inclination. (4) It is not but a revelation revealed, وما ينطق عن الهوى إن هو إلا وحي يوحى
[An-Najm 53:3-4]
, ordering him to condemn this, but gently, and in the sense that this occupied the Messenger (peace and blessings be upon him) and reminded him of the world. Then the other incident occurred, and he tore it down and clarified the reason for tearing it down, which is that hanging these images aids these image-makers, who are the most severely punished people on the Day of Resurrection.
Thus, you know that the author's argument with the first hadith has no relation to the subject of images, because images are not mentioned in it; rather, it contains the saying of the Messenger (peace and blessings be upon him):
Indeed, Allah has not ordered us to clothe stones and clay. إن الله لم يأمرنا بأن نكسو الحجارة والطين
. And his argument with the second hadith is an incomplete argument, because this was at a stage of the legislation. He should have mentioned the hadith of Aisha (may Allah be pleased with her), the last hadith, in which the Messenger (peace and blessings be upon him) tore down the curtain and said:
The people who will be most severely punished on the Day of Resurrection إن أشد الناس عذابا يوم القيامة هؤلاء المصورين
Sunan an-Nasa'i 5357Sahih (Darussalam)
.
Source alathar.net

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

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