Principle: The default ruling for matters other than acts of worship is permissibility and lawfulness until evidence comes to prohibit them
Machine translationRead the Arabic original
The Shaykh : The second principle that should not be absent from a student of knowledge is that the default ruling for everything other than acts of worship is permissibility and lawfulness. Anything that is not an act of worship is, by default, lawful and permissible. If we saw a person trading with another in a sale we did not know, and we forbade him from it and said, "O so-and-so, do not make this sale," who is required to provide the evidence of prohibition: the one who forbids it or the seller?
The student: The one who forbids it.
The Shaykh : Yes?
The student: The one who forbids it.
The Shaykh : The one who forbids it or the seller?
The student: The one who forbids it.
The Shaykh : If the one who forbids it says, "I do not know it. In all our lives, we have never seen a transaction like this, a sale like this." You have brought us something new. You are an innovator. You are one who introduces religious innovation. Do you understand now? Two men made a sale, and a third man forbade them from this sale. He says, "We have not heard of this, we do not know it, and we have not traded in this way." So who is required to provide the evidence? The one who forbids it or the two traders?
The student: Both, the seller and the one who forbids it.
The Shaykh : No. The one who forbids it is required to provide the evidence. It is said, "What is the evidence that this transaction is prohibited?" If the one who forbids it says, "Listen to the argument," or if he says, "We have not heard of this, and we do not know it," what do we say? We say: The default ruling is permissibility. Allah the Exalted said:[Al-Baqarah 2:275]. In the case of renting, if a person rents out his house for ten years, and someone says to him, "This is forbidden, renting for ten years. You do not know if you will die or remain, and the tenant does not know if he will die or remain. This is forbidden because the period is long." And the other says, "This is lawful; there is no prohibition in it." Who is required to provide the evidence? The one who forbids it?
The student: The one who forbids it.
The Shaykh : The one who forbids it. Well done. So the default ruling for everything other than acts of worship is what? Permissibility and lawfulness. Praise be to Allah. A man hunted a bird that was flying, and he caught it. He invoked the name of Allah upon it, hit it with an arrow, and it died. He wanted to eat it. Another man said to him, "Do not eat it; this is forbidden." Why? He said, "We only eat chickens and pigeons. We have never seen this before, and we have not seen anyone eat it. This is forbidden for you." Who is required to provide the evidence? The one who forbids it or the hunter?
The student: The one who forbids it.
The Shaykh : The one who forbids it?
The student: Yes.
The Shaykh : Yes. We say to the one who forbids it, "What is the evidence for its prohibition?" He says, "The evidence is that it is not our custom to eat it." How do you answer? Custom is not a reference in legislation. What is the reference? We have from the Book of Allah[Al-Baqarah 2:29]. [Al-Baqarah 2:29] Everything on earth, whether it has life or not, whether it is a tree, a stone, or anything else, is lawful by default. So whoever claims that something is prohibited must provide the evidence. These are two important principles, and there is evidence for them from the Book of Allah and the Sunnah of His Messenger, may peace and blessings be upon him. If that is the case.
The student: The one who forbids it.
The Shaykh : Yes?
The student: The one who forbids it.
The Shaykh : The one who forbids it or the seller?
The student: The one who forbids it.
The Shaykh : If the one who forbids it says, "I do not know it. In all our lives, we have never seen a transaction like this, a sale like this." You have brought us something new. You are an innovator. You are one who introduces religious innovation. Do you understand now? Two men made a sale, and a third man forbade them from this sale. He says, "We have not heard of this, we do not know it, and we have not traded in this way." So who is required to provide the evidence? The one who forbids it or the two traders?
The student: Both, the seller and the one who forbids it.
The Shaykh : No. The one who forbids it is required to provide the evidence. It is said, "What is the evidence that this transaction is prohibited?" If the one who forbids it says, "Listen to the argument," or if he says, "We have not heard of this, and we do not know it," what do we say? We say: The default ruling is permissibility. Allah the Exalted said:
But Allah has permitted trade and has forbidden interest
وأحل الله البيع وحرم الرباThe student: The one who forbids it.
The Shaykh : The one who forbids it. Well done. So the default ruling for everything other than acts of worship is what? Permissibility and lawfulness. Praise be to Allah. A man hunted a bird that was flying, and he caught it. He invoked the name of Allah upon it, hit it with an arrow, and it died. He wanted to eat it. Another man said to him, "Do not eat it; this is forbidden." Why? He said, "We only eat chickens and pigeons. We have never seen this before, and we have not seen anyone eat it. This is forbidden for you." Who is required to provide the evidence? The one who forbids it or the hunter?
The student: The one who forbids it.
The Shaykh : The one who forbids it?
The student: Yes.
The Shaykh : Yes. We say to the one who forbids it, "What is the evidence for its prohibition?" He says, "The evidence is that it is not our custom to eat it." How do you answer? Custom is not a reference in legislation. What is the reference? We have from the Book of Allah