Continuation of the discussion on the rule: The affirmative takes precedence over the negative, and the hadith (No i'tikaf except in the three mosques).
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The Shaykh : And so Abu Hanifa and the people of Kufa, and those who came after them, left off the raising of the hands, so should we leave it off? We say no, the affirmative takes precedence over the negative, and he is an imam with his own independent legal reasoning, and we do not blame him or fault him, and he has his reward with Allah in any case. So, if we come to a hadith like the prohibition of fasting on Saturday, and we do not know that any of the famous imams acted upon it, and we know that the addition of a voluntary prayer is established by the knowledge of those who acted upon it from some of the early scholars, or if a hadith comes to us saying no i'tikaf except in three mosques, and we do not know that any of the imams acted upon it, but we know that some of the predecessors acted upon it, then it is sufficient for us that the Messenger (peace and blessings be upon him) said that, and it is established for us, and we have no excuse to leave off acting upon it. Can a Muslim imagine that he stands before Allah (Blessed and Exalted is He) on the Day of Resurrection يَوْمَ لَا يَنْفَعُ مَالٌ وَلَا بَنُونَ 88 إِلَّا مَنْ أَتَى اللَّهَ بِقَلْبٍ سَلِيمٍ On the Day when neither wealth nor children will be of any benefit, except for one who comes to Allah with a sound heart.. Then his Lord, the Lord of the Worlds, says to him, "O My servant." Can a Muslim imagine this terrifying situation if He says to him, "Why did you not act upon this hadith or that hadith?" Will he say, as one of our servants might say, "By Allah, I did not know that any of the imams of the Muslims acted upon it"? Well, is not the Messenger of Allah the imam of all the Muslims? So what is the difference between knowing that the imam of all the Muslims said this hadith, or that someone other than him acted upon this hadith? No, this is a refuted, rejected argument that does not benefit its speaker on the Day of Resurrection [Ash-Shu'ara 26:88-89].
The questioner : Our Shaykh, do not hold us to account, meaning they also have an objection.
The Shaykh: Go ahead.
The questioner : He says that your interpretation of the definite article in the phrase of Allah (Blessed and Exalted is He):[Al-Baqarah 2:187], as referring to a covenant, has no evidence for it, because the definite article could be interpreted as meaning totality, in accordance with and following the understanding of the scholars of exegesis who interpreted this verse.
The Shaykh : There is nothing new in this doubtful matter, because it is based on overlooking and disregarding the hadith.
The questioner : Yes.
The Shaykh : But since the hadith exists, at that point we say the hadith restricts the generality of the Qur'an, and we know many examples of that, and very many. Why do the Egyptians, especially those who doubt acting upon such a hadith, not forbid eating fusuikh, when Allah says:[Al-Ma'idah 5:3]?
Al-Huwayni : There are those who say, meaning fusuikh and wasikh, so know that it permits eating fusuikh.
The Shaykh : No, my point is, why do they not forbid the forbidden dead fish?
Al-Huwayni : Because of the hadith.
The Shaykh : And Allah says:[Al-Ma'idah 5:3], this is the position they take regarding dead fish, and consequently fusuikh from it, because this is more repulsive to many people who are not accustomed to eating it, but let us stand by the Qur'anic wording: [Al-Ma'idah 5:3]. Why do they not forbid the carrion of fish? Because of a hadith that exists. So what is the difference between their position and our position? Why do they not generalize the carrion as they want to generalize regarding the mosques? The answer is one. So, the answer from us, as you heard just now, is that this doubtful matter is also based on looking away from this hadith and disregarding it. And in reality, if it were the statement of an imam from the imams of the Muslims, and it had no contradiction from the Book and the Sunnah, it would not be permissible to meet it with disregard for this statement if it were the statement of an imam from the imams of the Muslims, so how much more so when it is the statement of the Master of the Prophets and Messengers? I seek refuge in Allah, finally, that I be among the ignorant, that I be blind to acting upon the hadiths of the Messenger (peace and blessings be upon him) as others do, and we ask Allah for guidance for us and for them all. Yes.
(88) The Day when there will not benefit [anyone] wealth or children (89) But only one who comes to Allah with a sound heart."
يَوْمَ لَا يَنْفَعُ مَالٌ وَلَا بَنُونَ * إِلَّا مَنْ أَتَى اللَّهَ بِقَلْبٍ سَلِيمٍThe questioner : Our Shaykh, do not hold us to account, meaning they also have an objection.
The Shaykh: Go ahead.
The questioner : He says that your interpretation of the definite article in the phrase of Allah (Blessed and Exalted is He):
And do not have relations with them as long as you are staying for worship in the mosques
وَلَا تُبَاشِرُوهُنَّ وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِThe Shaykh : There is nothing new in this doubtful matter, because it is based on overlooking and disregarding the hadith.
The questioner : Yes.
The Shaykh : But since the hadith exists, at that point we say the hadith restricts the generality of the Qur'an, and we know many examples of that, and very many. Why do the Egyptians, especially those who doubt acting upon such a hadith, not forbid eating fusuikh, when Allah says:
Prohibited to you are dead animals
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُAl-Huwayni : There are those who say, meaning fusuikh and wasikh, so know that it permits eating fusuikh.
The Shaykh : No, my point is, why do they not forbid the forbidden dead fish?
Al-Huwayni : Because of the hadith.
The Shaykh : And Allah says:
Prohibited to you are dead animals
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُProhibited to you are dead animals
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ
Source
www.al-albany.com
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