We request clarification regarding the rule of prioritizing the statement over the action. ? With examples given for it. ?
Machine translationRead the Arabic original
The questioner : Is the criterion in the principles of jurisprudence that the statement takes precedence over the action?
The Shaykh : What did you say at the beginning of the question?
The questioner : Is the criterion?
The Shaykh : What is the criterion?
The questioner : Is the criterion or the wisdom that the statement takes precedence over the action?
The Shaykh : Yes, that is because it is observed that the Prophet (peace and blessings be upon him) was first commanded to convey the Shari'ah, and his (peace and blessings be upon him) conveyance of the Shari'ah occurs in one of three states: the first is by his (peace and blessings be upon him) statement, the second is by his action, and the third is by his approval, his ratification of a thing he sees and approves of. These three matters differ in terms of the strength of the legislation or the legislative authority in them, one from the other. The strongest is the statement, then the action, then the ratification. Why is the statement stronger than what is below it, namely the action and the ratification? Because the statement is directed by him (peace and blessings be upon him) directly to the people, as Allah the Exalted said in the Qur'an:[Al-Ma'idah 5:67] Following this comes the action; his (peace and blessings be upon him) action is sometimes subject to circumstances that do not apply to his statement. He (peace and blessings be upon him) may perform an action in a state of necessity or need, such that if there were no necessity or need, the Messenger (peace and blessings be upon him) would not have done it. He may also do a thing without any necessity or need, but that thing is a matter that Allah has specified for him alone, excluding all other people. For these reasons, the indication of the action is less strong legislatively than the indication of the statement. Similarly, the ratification by the Messenger (peace and blessings be upon him) of a thing; he may ratify it for a period, then he looks, and a legal ruling is revealed, so that which was previously ratified becomes a matter not ratified in the new legal ruling. It is necessary to have some examples that are clear and evident regarding the action. We all know that the Messenger (peace and blessings be upon him) married more than four women, but he said in an authentic hadith when a man embraced Islam and had nine women under his roof, he said to him: This is a statement, but he married nine, so the scholars took the statement and left the action, and they said this is a specific privilege for the Messenger (peace and blessings be upon him). Similarly, for example, regarding the ratification, and the examples regarding the action and the statement that contradicts it are many and very many, and this clear example is sufficient for us. Regarding the ratification, it has come in an authentic hadith that the Prophet (peace and blessings be upon him) was approached one day by his cousin 'Ali ibn Abi Talib, who complained to him about his uncle Hamzah, Hamzah ibn 'Abd al-Muttalib. What did Hamzah do? He slit the belly of 'Ali's camel, and 'Ali was at that time preparing to consummate his marriage with his wife Fatimah (may Allah be pleased with her). He had tied his camel in front of the house of one of the Ansar, where some of the companions had gathered in a time when
The Shaykh : What did you say at the beginning of the question?
The questioner : Is the criterion?
The Shaykh : What is the criterion?
The questioner : Is the criterion or the wisdom that the statement takes precedence over the action?
The Shaykh : Yes, that is because it is observed that the Prophet (peace and blessings be upon him) was first commanded to convey the Shari'ah, and his (peace and blessings be upon him) conveyance of the Shari'ah occurs in one of three states: the first is by his (peace and blessings be upon him) statement, the second is by his action, and the third is by his approval, his ratification of a thing he sees and approves of. These three matters differ in terms of the strength of the legislation or the legislative authority in them, one from the other. The strongest is the statement, then the action, then the ratification. Why is the statement stronger than what is below it, namely the action and the ratification? Because the statement is directed by him (peace and blessings be upon him) directly to the people, as Allah the Exalted said in the Qur'an:
O Messenger, announce that which has been revealed to you from your Lord, and if you do not, then you have not conveyed His message. And Allah will protect you from the people
يا أيها الرسول بلغ ما أنزل إليك من ربك وإن لم تفعل فما بلغت رسالته والله يعصمك من الناسHe kept four of them and divorced the rest
أمسك أربعا منهم وطلق سائرهن
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
