Explanation of the Rule: When a Prohibitor and a Permitter Conflict, the Prohibitor Takes Precedence over the Permitter

The Shaykh : If a day of 'Eid falls on a Monday or a Thursday, do we prioritize the virtue over the prohibition, or the prohibition over the virtue? The problem is resolved by a scientific, jurisprudential, and usuli rule: when a prohibitor and a permitter conflict, the prohibitor takes precedence over the permitter. When two texts conflict, this is a very important rule. One is prohibited from doing such-and-such, yet he does such-and-such; one is prohibited from marrying four wives, yet he marries more than four; one is prohibited from drinking while standing, yet he drinks while standing. There are many, many such things. The prohibitor is given precedence over the permitter. Now, here we face a problem: if the day of 'Ashura falls on a Saturday, it is not fasted because it is not obligatory. Just as we handled the problem of a Monday or Thursday coinciding with a day of 'Eid by giving the prohibition precedence over the virtue of fasting—because this prohibition was presented, so we said we do not fast on a Monday or a Thursday if it coincides with a day of 'Eid—likewise, we do not fast on a Saturday if it coincides with a day of virtue. We are often asked