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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A Jurisprudential Issue: Does the default ruling of a command imply obligation, recommendation, or is it determined by contextual indicators?

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The Shaykh : Among the well-known disagreements in the books of the principles of jurisprudence, let alone the books of specific jurisprudence, is their disagreement regarding the command issued by Allah or by His Messenger: Is the default ruling obligation? Or is the default ruling recommendation? Or is there no default ruling, and it is interpreted according to the contextual indicators? This is a matter of scholarly disagreement, even though it belongs to the science of the principles of jurisprudence, from which thousands of Islamic legal rulings are derived. This disagreement occurred, and to this day, there is an Islamic party on the face of the earth that adopts a rule contrary to what the majority of the scholars of the principles of jurisprudence adopted, which is that a command does not imply obligation, and the reference for that is the contextual indicator. I will mention a point on this occasion that will benefit the attendees, if Allah wills. We have a brother in Damascus who was working with a man at a publishing house. That man had a manager under him who had workers, and he adopted this partisan view, which is that a command does not imply obligation. A discussion took place between the boss and the subordinate. The subordinate, one of our brothers, adopted the correct view, and there is evidence for it, which we are not discussing now, that a command is for obligation except with a contextual indicator. That man adopted the view that it does not imply obligation except with a contextual indicator. My friend came to me complaining. He said: A long discussion took place between me and so-and-so regarding this issue. This friend of mine does not have the Salafi Islamic culture that would encourage me to give him a lecture so that he can discuss that partisan in this idea. So I made a suggestion to him. I said to him: My brother, the matter is simple. You are commanded. Whenever he commands you with something, say to him in the Syrian dialect "Tansh," meaning make it clear that you did not hear. Do not respond to him, do not interact with him. He will show his true nature. He will say: Oh so-and-so, what is wrong with you? I am commanding you to do such-and-such. Tell him: Oh Professor, but a command does not imply obligation... a command does not imply obligation.
I bear witness from this example, as the scholars also say, "The language of the situation is more eloquent than the language of speech." It is not the case that a command sometimes implies obligation, sometimes implies recommendation, sometimes implies permissibility, and sometimes implies mockery.
[It will be said], "Taste! Indeed, you are the honored, the noble! ذق إنك أنت العزيز الكريم
[Ad-Dukhan 44:49]
Who is able to determine the intention of the commander, the distant one or the near one, the listener and the observer? There is no doubt that this is the one who is able to understand that this command was for obligation or for recommendation, or otherwise, and so on.
Source www.al-albany.com

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

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