Explaining two matters: if they are present, we do not need analogical reasoning; they are gathering the texts and understanding them, with an example in zakah, and explaining the scholars' disagreement, most of which is in understanding the text
Machine translationRead the Arabic original
The Shaykh : The author (may Allah have mercy on him) says:
"But here are two matters: if they were present, we would not need it", meaning analogical reasoning. "So how wonderful it would be if the two matters were" the first:
"Gathering the texts and understanding the intended meaning of their wording". These two matters are necessary, and it is not possible to derive evidence except through them. The first is gathering the texts, because you may hear a general text that has specific qualifiers, and you rule by the generality, in which case you are mistaken. An example of this: The Prophet (peace and blessings be upon him) said:Sahih Ibn Khuzaymah 6:64 Sahih Ibn Khuzaymah 6:64 The generality of this hadith requires that zakah is obligatory on both the small and the large amount. Where do we take the generality from? He did not say "in what the sky waters, if it reaches such and such." He said: Sahih Ibn Khuzaymah 6:64 So if you do not gather the texts, you rule that a person who owns half the nisab owes zakah, which is one-tenth, because you took the generality. You are mistaken now, because you ruled that zakah is obligatory on him and his crop is below the nisab. You are mistaken. What did you miss? Gathering the texts, because you did not gather. If you had gathered this generality with the saying of the Prophet (peace and blessings be upon him): Sahih Muslim 979a, it would become clear to you that there is no zakah on what is below the nisab. Yes, there is no zakah on it. Is that clear, everyone? Good.
The second matter is understanding what is intended by them, and this is what has led to differences among people, because everyone understands in a way different from the next person. The correctness of understanding has causes, which, if Allah wills, we will mention. But this is what people differ on greatly: understanding what is intended. Did Allah intend such and such, or did He intend such and such? An example of this is the saying of Allah the Exalted:[Al-Baqarah 2:228] [Al-Baqarah 2:228] How many? This means that if a woman is divorced, she must observe the waiting period of three quru'. What are the quru'? Some scholars said: "The quru' are the periods of menstruation", and others said: "The quru' are the periods of purity". They differed. So the one who said they are menstruation said she observes the waiting period of three periods of menstruation, and the one who said they are periods of purity said she observes the waiting period of three complete periods of purity. They differed. And the Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 2828Sahih (Al-Albani) What is a fetus? What is a fetus? The pregnancy in the womb is called a fetus because it is hidden. Sunan Abi Dawud 2828Sahih (Al-Albani) What does that mean? Some scholars said: It means that if you slaughter a pregnant sheep, its slaughter is the slaughter of its fetus. So if we flay it and cut open its belly and take out the offspring, it is slaughtered and lawful. And some scholars said: The slaughter of the fetus is like the slaughter of its mother, like the slaughter of its mother. This means that if you want to slaughter it, you must cut off its head. You know that, based on this opinion, if you slaughter the sheep and take out the fetus, it is not lawful, because you did not slaughter it, because you did not slaughter it. So look at the difference in understanding. The correct view is that the meaning of the hadith is that if the mother is slaughtered, its slaughter is the slaughter of the fetus. That is its meaning, and it does not need to be slaughtered separately, because the soul leaves with the mother or remains for a short time. So the important thing is that it is necessary to gather the texts, and the second is understanding what is intended. Then understanding differs among people to a great extent.
"But here are two matters: if they were present, we would not need it", meaning analogical reasoning. "So how wonderful it would be if the two matters were" the first:
"Gathering the texts and understanding the intended meaning of their wording". These two matters are necessary, and it is not possible to derive evidence except through them. The first is gathering the texts, because you may hear a general text that has specific qualifiers, and you rule by the generality, in which case you are mistaken. An example of this: The Prophet (peace and blessings be upon him) said:
In what the sky waters, one-tenth
فيما سقت السماء العشرIn what the sky waters, one-tenth
فيما سقت السماء العشرIn what the sky waters
فيما سقتIn what the sky waters, one-tenth
فيما سقت السماء العشرNo sadaqa (zakat) is payable on less than five wasqs of (dates or grains)
ليس فيما دون خمسة أوسق صدقةThe second matter is understanding what is intended by them, and this is what has led to differences among people, because everyone understands in a way different from the next person. The correctness of understanding has causes, which, if Allah wills, we will mention. But this is what people differ on greatly: understanding what is intended. Did Allah intend such and such, or did He intend such and such? An example of this is the saying of Allah the Exalted:
