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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of the report of Anas regarding the prohibition of eating while standing.

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The Shaykh : Some opinions or independent legal reasoning by the Companions may be based on their own ijtihad, but it is acceptable ijtihad because there is nothing to contradict it. It may also be based on a definitive ruling from the Prophet, but such a definitive ruling is not as apparent or clear as in the case of the report from Ibn Abbas. For example, in Sahih Muslim, there is a hadith from Anas ibn Malik (may Allah be pleased with him) who said, "The Messenger of Allah (peace and blessings be upon him) prohibited drinking while standing." In another narration, it is reported that the Messenger of Allah (peace and blessings be upon him) forbade drinking while standing. When he was asked about eating, he said, "It is worse." This could be his ijtihad, or it could be a definitive ruling from the Messenger of Allah (peace and blessings be upon him). However, we do not have the clear evidence that is common in the report of Ibn Abbas. It is unlikely that this is his ijtihad here. It is possible that it is ijtihad in the sense that he analogized eating to drinking, as they are of the same nature. Since he heard the Prophet (peace and blessings be upon him) prohibit drinking while standing, eating is similar to it and worse, because people generally tend to drink while standing, whereas the common practice is to eat while sitting. Therefore, eating while standing is worse than drinking while standing. It is as if he is saying this is an argument of stronger precedence, as we have mentioned. But I return to saying that it is not like the report of Ibn Abbas, where the soul is reassured that approximately ninety percent of the time, this report is what he received from the Messenger of Allah (peace and blessings be upon him), because it pertains to matters of the unseen.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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