He was asked about a statement by Al-Ashqar in his book (Al-Wadhih fi Usul al-Fiqh) regarding the sunnah of omission, and whether the Prophet's (peace and blessings be upon him) omission of eating the dab fish applies to it.
Machine translationRead the Arabic original
The questioner : In the book Al-Wadhih fi Usul al-Fiqh by Al-Ashqar, it says: The second type of sunnah is omission, which they refer to as abstention or refraining. This is when something is presented to the Prophet (peace and blessings be upon him), and it is likely that he would do it, but he does not do it, especially if he shows aversion to it. Does the incident of the dab fish apply to this or not?
The Shaykh : No, it does not apply; because he answered when it was said to him, "Is it forbidden?" He said:Sunan Abi Dawud 3794Sahih (Al-Albani), so it is a personal aversion, not a legal aversion.
The questioner : Is it possible for you to provide an example of this? The author did not provide an example of this.
The Shaykh : The problem is that the principles of jurisprudence are studied without examples, and therefore it becomes a very difficult path.
The questioner : The example is regarding the sunnah of omission.
The Shaykh : No, it is not just a matter of a sunnah of omission; there must be another characteristic, which is that the Messenger (peace and blessings be upon him) may see this thing and have a personal aversion to it. Yes. As for the sunnah of omission, there are many, many examples. None come to my mind.
The questioner : Al-Ashqar, is it correct to restrict the sunnah of omission to this?
The Shaykh : No, no, he is not talking about the sunnah of omission. Read the phrase again.
The questioner : The second type of sunnah is omission, which they refer to as abstention or refraining. This is when something is presented to the Prophet (peace and blessings be upon him), and it is likely that he would do it, but he does not do it, especially if he shows aversion to it.
The Shaykh : If we use a specific term, the discussion remains very clear, and this is what we call the sunnah of omission. This is related to things that the Messenger (peace and blessings be upon him) left from among the acts of worship. Their origin is worship. But the Messenger (peace and blessings be upon him) left this type of worship, and the reason for performing it, if it were truly a worship, was present. Then the Messenger (peace and blessings be upon him) did not do it, so this is a sunnah of omission. Just as we worship by following the Messenger's (peace and blessings be upon him) practical sunnah, we also worship by following the Messenger (peace and blessings be upon him) in his sunnah of omission. Because this sunnah that the Messenger (peace and blessings be upon him) left, if there had been good in doing it, the Messenger (peace and blessings be upon him) would have done it on one hand, and the community, the Salaf of the community, would have followed him on the other hand. And its examples are many and very many. Among the most famous of them: the Messenger's (peace and blessings be upon him) omission of the adhan for the two Eid prayers, the omission of the adhan for the prayer for rain, for the prayer of the solar and lunar eclipses, and especially the lunar eclipse when people are inattentive. Human reason, which has no authority to legislate, says, "By Allah, it is reasonable that there should be an adhan at night when people are inattentive." But no, the Messenger did not legislate this thing, and if it had been good, he would have preceded us to it. This is a sunnah of omission. But the example is something that occurred before the Prophet (peace and blessings be upon him) and he did not do it, and he may have disliked it. I only recall the hadith of the dab fish, and this is not among the acts of worship, but rather among the customs and ordinary matters, whose original ruling is permissibility. Unlike the sunnah of omission, whose original ruling is omission.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And this increases the examples, Dr. Al-Ashqar, but he did not mention examples in this.
The Shaykh : No, it does not apply; because he answered when it was said to him, "Is it forbidden?" He said:
No, but it is not found in the land of my people, so I find it distasteful.
لا ، ولكنه لم يكن بأرض قومي فأجد نفسي تعافهThe questioner : Is it possible for you to provide an example of this? The author did not provide an example of this.
The Shaykh : The problem is that the principles of jurisprudence are studied without examples, and therefore it becomes a very difficult path.
The questioner : The example is regarding the sunnah of omission.
The Shaykh : No, it is not just a matter of a sunnah of omission; there must be another characteristic, which is that the Messenger (peace and blessings be upon him) may see this thing and have a personal aversion to it. Yes. As for the sunnah of omission, there are many, many examples. None come to my mind.
The questioner : Al-Ashqar, is it correct to restrict the sunnah of omission to this?
The Shaykh : No, no, he is not talking about the sunnah of omission. Read the phrase again.
The questioner : The second type of sunnah is omission, which they refer to as abstention or refraining. This is when something is presented to the Prophet (peace and blessings be upon him), and it is likely that he would do it, but he does not do it, especially if he shows aversion to it.
The Shaykh : If we use a specific term, the discussion remains very clear, and this is what we call the sunnah of omission. This is related to things that the Messenger (peace and blessings be upon him) left from among the acts of worship. Their origin is worship. But the Messenger (peace and blessings be upon him) left this type of worship, and the reason for performing it, if it were truly a worship, was present. Then the Messenger (peace and blessings be upon him) did not do it, so this is a sunnah of omission. Just as we worship by following the Messenger's (peace and blessings be upon him) practical sunnah, we also worship by following the Messenger (peace and blessings be upon him) in his sunnah of omission. Because this sunnah that the Messenger (peace and blessings be upon him) left, if there had been good in doing it, the Messenger (peace and blessings be upon him) would have done it on one hand, and the community, the Salaf of the community, would have followed him on the other hand. And its examples are many and very many. Among the most famous of them: the Messenger's (peace and blessings be upon him) omission of the adhan for the two Eid prayers, the omission of the adhan for the prayer for rain, for the prayer of the solar and lunar eclipses, and especially the lunar eclipse when people are inattentive. Human reason, which has no authority to legislate, says, "By Allah, it is reasonable that there should be an adhan at night when people are inattentive." But no, the Messenger did not legislate this thing, and if it had been good, he would have preceded us to it. This is a sunnah of omission. But the example is something that occurred before the Prophet (peace and blessings be upon him) and he did not do it, and he may have disliked it. I only recall the hadith of the dab fish, and this is not among the acts of worship, but rather among the customs and ordinary matters, whose original ruling is permissibility. Unlike the sunnah of omission, whose original ruling is omission.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And this increases the examples, Dr. Al-Ashqar, but he did not mention examples in this.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.