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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh’s clarification of the rule (any general text that has not been acted upon in its generality cannot be cited as evidence for its generality) and his illustration of it with the issue of placing the hands after rising from bowing

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The Shaykh : So I say: any general text that has not been acted upon in its generality cannot be cited as evidence for its generality. Is this clear, or is it not clear?

The questioner : Is that clear?

The Shaykh : I mean, it is not hidden from anyone that a general text encompasses many parts, and one wants to use this general text as evidence for one of its parts, ruling that it is either forbidden or prescribed by the indication of what? The general text. So this argumentation by generality is not permissible in many cases if the argumentation includes a part that has been acted upon or a part that has not been acted upon. So in light of that, we should either cite the generality as evidence or not cite it. The example is now before us, and we can bring other examples, some from our reality today and some we use as illustrations to clarify this rule. The example is before us: the command is general
Trim the mustache and let the beard grow. حفوا الشوارب وأعفوا اللحى
Sunan an-Nasa'i 15Sahih (Darussalam)
and it is intended to be used as evidence that taking is not permissible absolutely. But practical life has indicated to us that taking is done. So we do not take this generality because its opposite has been established practically, which is taking. Sometimes the matter is completely reversed: it is intended to use the general command as evidence for the legitimacy of a certain act of worship, and this act of worship has not been transmitted to us from the first people of worship. In that case, it is not correct to argue by generality, otherwise we would be confirming the innovators in all their innovations. Because any innovation on the face of the earth, especially if it is of the type the Imam al-Shatibi calls an additional innovation, cannot exist without having evidence in the Book or the Sunnah, and yet we say it is an innovation. And now we will give you a practical example and another one I am imagining in order to make this rule understood. You know, and you have performed Hajj and 'Umrah repeatedly, that there are many worshippers, and here we see them now, who place the right hand over the left after raising the head from bowing. Is this clear?

The questioner: Yes.

The Shaykh : This placing of the hands after bowing is done by shaykhs who have weight in knowledge. What is their evidence? The general text. They do not have, absolutely, a hadith that the Messenger (peace and blessings be upon him) used to place the right hand over the left in prayer when he raised his head from bowing. There is no hadith at all, but there is a general hadith
Hudaifah (May Allah be pleased with him) reported: Whenever the Messenger of Allah (ﷺ) got up (from sleep), he would rub his teeth with Miswak (tooth-stick). [Al-Bukhari and Muslim] . كان رسول الله صلى الله عليه وسلم إذا قام في الصلاة وضع اليمنى على اليسرى
Riyad as-Salihin 1197
and they said that standing in prayer includes the first standing and the second standing, meaning the standing after bowing. This is argumentation by the general text. Likewise, for example, other hadiths, among them
... We, the prophets, were commanded to do three things, one of which is placing the right hand over the left in prayer. ... أمرنا معاشر الأنبياء بثلاث منها بوضع اليمنى على اليسرى في الصلاة
, and they said this is absolute, so it includes the first standing and the second standing after bowing. So we see that this argumentation is very weak. Why? Because either it has been acted upon by the Salaf, at the head of whom is Muhammad (peace and blessings be upon him), or it has not been acted upon. Those who claim that it has been acted upon, like these who argue with the general hadiths, must prove that the Messenger placed his hands on his chest after raising the head from bowing, and this does not exist at all. Those who do not do that are not in need to prove the negation, meaning to bring a narration that the Messenger (peace and blessings be upon him) did not place the right hand over the left after raising the head from bowing. They are not in need. Why? Because acts of worship are limited
I have not left anything that brings you closer to Allah except that I have commanded you with it ما تركت شيئا يقربكم إلى الله إلا وأمرتكم به
. So if the Messenger (peace and blessings be upon him) had placed them in this place, as the placement in the first place was transmitted, and even if it had not been transmitted, would we have placed them? No. If the Messenger had placed them in the second place, it would have been transmitted to us as the placement in the first standing was transmitted to us. So since the placement in the second standing was not transmitted, this is a practical proof that the Muslims acted upon, that the Prophet (peace and blessings be upon him) did not do that. So the argumentations by general proofs, whether they are from the sayings of the Messenger (peace and blessings be upon him), which are stronger, or from the sayings of the Companions, which are less than that, because the sayings of the Messenger remain with more precision than the saying of a Companion. The Messenger (peace and blessings be upon him) may not have grasped the aim of this general, comprehensive statement. This example is clear for what we were discussing. Is there anyone who has a question or a difficulty? Before we move to a second example, yes.

The questioner : Regarding the amount of taking, does it stop at what exceeds the handful?

The Shaykh : How?

The questioner : Regarding the amount of taking, does it stop at what exceeds the handful?

The Shaykh : Yes, if he grasps his beard, the hairs that exceed the grasp under the handful, he can cut them.

The questioner : From the sideburns, no?

The Shaykh : From the sideburns, if they are more than a handful, it is also possible. Is there anyone who has a question?
The questioner: Is there anything from other than Ibn 'Umar when they were taking, did he specify a handful or not a handful, so they take from it as Ibn 'Umar did, or the excess of that?

The Shaykh : No, we stop at the action of Ibn 'Umar because he has a distinction in that he is the narrator of the hadith.
Al-Halabi : This is a strong criterion, our Shaykh, that one says if he heard the first part of the speech, he would say it is permissible for his beard to be like this, meaning as a gesture, this is a restriction...

The Shaykh : ... Yes, I give an example that clarifies the issue more clearly. Often I say on this occasion, if a group enters the mosque at the time of Zuhr or 'Asr and they want to pray the preceding sunnah, and as happens today, and this is the correct way, each one moves to a side and prays the sunnah alone. So if an idea occurs to a person, and when they entered the group and saw them praying, what? Alone, so he says to them, come, group, why are we in prayer and the Messenger said:
the Hand of Allah is with the Jama'ah يد الله على الجماعة
Sunan an-Nasa'i 4020Sahih (Darussalam)
and he said:
Prayer in congregation is better than the prayer of a man by himself صلاة الجماعة تفضل صلاة الفذ ...
Muwatta Malik 8:1
and so on, and he said:
The prayer of a man with a man is purer than his prayer alone, and the prayer of three is purer than the prayer of two. صلاة الرجل مع الرجل أزكى من صلاته واحدة ، وصلاة الثلاثة أزكى من صلاة الاثنين
and so on, come let us pray in congregation. Do you see, is this congregation prescribed or not? All of you now with one voice will say no, it is not prescribed. Okay, is there a prohibition on this prayer? Also, there is no prohibition, there is no prohibition, the Messenger did not say do not pray the regular voluntary prayers in congregation. But I say in my own way, the Messenger prohibited it, but this prohibition is not shared in its understanding by the general people, but even not shared in its understanding by all the special people, rather some without others. And from here came the disagreement in the issue of the good innovation and the bad innovation. Because those who say that there is a good innovation did not understand his saying (peace and blessings be upon him):
every innovation is going astray, and every going astray is in the Fire كل بدعة ضلالة وكل ضلالة في النار
Sunan an-Nasa'i 1578Sahih (Darussalam)
except that it is restricted, meaning not every innovation is misguidance. So this is one of the most amazing disagreements that occurred in the Ummah. So we, whom Allah (Mighty and Majestic) has guided by His grace and mercy to understand this great rule that the Messenger (peace and blessings be upon him) established in the general gatherings in his Friday sermon and others, he says:
and every innovation is going astray, and every going astray is in the Fire وكل بدعة ضلالة وكل ضلالة في النار
Sunan an-Nasa'i 1578Sahih (Darussalam)
We understood it in its absoluteness and comprehensiveness. When a person comes to us with the image I described to you just now, come let us pray in congregation, this goes with the people of innovation. Why? My brother, why are you denying us? Allah said
ask [Allah to confer] blessing upon him and ask [Allah to grant him] peace. صلوا عليه وسلموا تسليما
[Al-Ahzab 33:56]
We are not denying us.
Al-Halabi : May Allah have mercy on a servant if he prays...

The Shaykh : Yes, so if this image that I described to you just now were to deceive those who have not been established by this great rule
every innovation is going astray, and every going astray is in the Fire كل بدعة ضلالة وكل ضلالة في النار
Sunan an-Nasa'i 1578Sahih (Darussalam)
. As for us, the matter does not deceive us, and praise be to Allah, and we say this is an innovation. Praying in congregation with the sunnahs is an innovation. Okay, let us return to our previous question, is there a prohibition on it? No, by Allah, there is no prohibition on it, there is no prohibition on it as they understand, as they want. But we are satisfied with his saying (peace and blessings be upon him):
every innovation is going astray, and every going astray is in the Fire كل بدعة ضلالة وكل ضلالة في النار
Sunan an-Nasa'i 1578Sahih (Darussalam)
and the known hadiths in this meaning. So, from the same door in which we denied this congregation, and it is included in the general proofs, we say this act of worship, if it were an act of worship, the Salaf would have preceded us to it. Likewise, we come and say this placement in the second standing, if it were prescribed and the general proofs they argue with included this place, in that case the Salaf would have acted with this comprehensiveness. So since they did not act, our answer and our position is like our saying regarding the congregation of the sunnahs: if that were included in the general proofs, they would have acted with it. Is this clear?

The questioner : Is that clear?

The Shaykh : If
Let the beards grow. أعفوا اللحى
this is a general text, but did the practice follow this general text? The answer is no; why? Because we have texts from the Salaf, and we do not have anything that contradicts them. So, the evidence for us is established that taking less than a handful is permissible, based on the evidence of the narrator of the hadith, Ibn 'Umar, and those who followed him among the Salaf in that. And praise be to Allah, Lord of the worlds.

The questioner : May Allah reward you with good.

The Shaykh : And you, if Allah wills. Yes.
Source www.al-albany.com

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

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