Is it permissible for a girl to go to the mosque to perform the obligatory prayer and attend classes of knowledge if her father is traveling and he had agreed to it before his departure, and if
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The questioner : Regarding a girl who asks, saying, "I am accustomed to praying the obligatory prayers in the mosque. Then my father traveled, and it did not occur to her to take another permission. Is it permissible for her to go to the mosque and listen to classes of knowledge while her father is traveling?"
The Shaykh : I will answer you now with a specific answer between you and me, and then I will explain it to some of those present. I say here that the current state is presumed to continue (istishab al-hal). Naturally, the answer is that it is permissible. The explanation is this: If the father of this girl had granted her permission to go out or remained silent about it, this ruling extends even after his travel. And the opposite is the opposite. That is, it is not permissible to invalidate what was permitted, even if it was a permission by implication (lisan al-hal). Sometimes, implication is more eloquent than explicit speech. Therefore, it is not permissible to invalidate this permission except by an explicit statement from him. Otherwise, here applies the presumption of continuity (istishab al-hal) that some jurists advocate.
The questioner : Now, what if her brother prevents her? If her father granted her permission and her brother prevents her?
The Shaykh : He has no authority over her.
The questioner : He has no authority over her?
The Shaykh : Yes, exactly.
The Shaykh : I will answer you now with a specific answer between you and me, and then I will explain it to some of those present. I say here that the current state is presumed to continue (istishab al-hal). Naturally, the answer is that it is permissible. The explanation is this: If the father of this girl had granted her permission to go out or remained silent about it, this ruling extends even after his travel. And the opposite is the opposite. That is, it is not permissible to invalidate what was permitted, even if it was a permission by implication (lisan al-hal). Sometimes, implication is more eloquent than explicit speech. Therefore, it is not permissible to invalidate this permission except by an explicit statement from him. Otherwise, here applies the presumption of continuity (istishab al-hal) that some jurists advocate.
The questioner : Now, what if her brother prevents her? If her father granted her permission and her brother prevents her?
The Shaykh : He has no authority over her.
The questioner : He has no authority over her?
The Shaykh : Yes, exactly.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
