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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If two texts are presented, one with an explicit indication and the other with an indication by contrary implication, which one takes precedence?

Machine translationRead the Arabic original
The questioner : The questioner says, "O honorable Shaykh, if two texts are presented, a text whose indication is..."

The Shaykh : "Two texts" in the nominative case.

The questioner : Yes, if two texts are presented, one with an explicit indication and one with an indication by contrary implication, then in terms of preference, some scholars say that the explicit indication takes precedence over the implied one, while others say that the contrary implication restricts the generality of the explicit indication?

The Shaykh : The correct view is that we give precedence to the explicit indication, because if we give precedence to the explicit indication, we do not contradict the contrary implication. For example, regarding breastfeeding, the Prophet (peace and blessings be upon him) said:
One or two sucks does not make marriage unlawful لا تحرم المصّة ولا المصّتان
Sunan Abi Dawud 2063Sahih (Al-Albani)
, and in the hadith of A'ishah, the breastfeeding that establishes prohibition is
five known breastfeedings خمس رضعات معلومات
. So we have an implied indication and we have an explicit indication. The first hadith:
One or two sucks does not make marriage unlawful لا تحرم المصّة ولا المصّتان
Sunan Abi Dawud 2063Sahih (Al-Albani)
, its implication is that anything more than two is prohibited, and the hadith of A'ishah indicates that less than five does not establish prohibition. So if we act according to the hadith of A'ishah, we have not neglected the other hadith
One or two sucks does not make marriage unlawful لا تحرم المصّة ولا المصّتان
Sunan Abi Dawud 2063Sahih (Al-Albani)
, because this hadith remains valid in its indication and is sound
One or two sucks does not make marriage unlawful لا تحرم المصّة ولا المصّتان
Sunan Abi Dawud 2063Sahih (Al-Albani)
, and what is prohibited is five breastfeedings. So the correct view, without doubt, is that we give precedence to the explicit indication over the implied one, because by giving precedence to the explicit indication over the implied one, we do not depart from the indication of the implied one, unlike the reverse.

The questioner : The questioner says, "I am one of the men of the Commission for Promoting Virtue and Prohibiting Vice."

The Shaykh : I, I, what?

The questioner : The questioner says, "I am."

The Shaykh : I am.
Source alathar.net

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

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