Is the criterion the generality of the wording rather than the specificity of the cause?
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The Shaykh : There is a statement by the jurists that is considered a jurisprudential scientific rule. Students of knowledge must first be aware of it and second, adhere to it. It is their saying: "The criterion is the generality of the wording, not the specificity of the cause." Here, the generality of the wording includes every ruler. Even if the cause was mentioned regarding the highest ruler, we would say: "The criterion is the generality of the wording, not the specificity of the cause." But the reality here is the exact opposite. That is, the cause of the revelation of this verse was not regarding the highest ruler, the supreme ruler, but rather regarding some individuals of the people. For it is reported in the cause of the revelation of this verse that the Jews were two groups: one group that viewed itself as an elite group, and another group that the first group viewed as a lower group, meaning it was almost like the free and the slaves, but all of them were free. However, they looked at one group with an aristocratic gaze, as they say today, and at the other with a popular gaze, meaning below those. And resulting from this distinction between this group and that were some rulings regarding retaliation (qisas). If the elite group killed a victim from the lower group, they would not be held accountable for the blood of this victim, and conversely, they would be held accountable. The Jews lived as long as Allah willed in these two divisions until Allah sent Muhammad (peace and blessings be upon him) as a mercy to the worlds. A problem of this type occurred among the Jews, and the two groups disputed. After they discussed the matter, turned away from each other, and harbored hatred, they agreed to refer the matter to the Messenger of Allah (peace and blessings be upon him). This was due to their wickedness and misguidance, because first, as the Exalted said: [Al-Baqarah 2:146] and yet they did not believe in him. Second, despite their disbelief in him, they wanted to have him judge the dispute that occurred between them. But what did they say among themselves? Here is the point: they said, "If he rules in our favor, we will accept his ruling, and if he rules against us, we will reject it." So Allah the Mighty and Majestic revealed: [Al-Ma'idah 5:44] Thus, the verse, by its two implications—the implication of the generality of the wording and the implication of the cause of revelation—indicates that the intended meaning is not only kings and presidents, but rather everyone who does not judge by what Allah has revealed. Because these people did not refer to their leader; the leader said, "We will refer the matter to Muhammad. If he rules in our favor, we will accept it, and if not, we will reject it." No, it was the group that views itself as higher than the other that said this.
know him as they know their own sons
يعرفونه كما يعرفون أبنائهمAnd whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
و من لم يحكم بما أنزل الله فأولئك هم الكافرون
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
