If we analogize defects that are not permissible to the four defects that must be avoided in the sacrificial animal and the 'Id sacrifice, can we not analogize other matters to the pillars of Islam?
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The questioner : O Shaykh, we said, O Shaykh, regarding the issue of the 'Id sacrifice in the rites of Hajj, that the hadith reported from the Prophet (peace and blessings be upon him) concerning the 'Id sacrifice that is not acceptable mentions four things, and we analogized some matters to it, either because they are more deserving or because the analogical reasoning is evident due to the clear cause.
Now, O Shaykh, someone might say: We analogize to some of the pillars, I mean the pillars of Islam, by applying other matters to what is specified in the hadith. What is the criterion for this, O Shaykh?
The Shaykh : First: The defects specified by the Lawgiver in the 'Id sacrifice are four, because he was asked:.
These are four defects, and we know that the Shari'ah is based on wisdom. So, when the Lawgiver specifies something, it is a specification for that thing and for what is in its meaning or more deserving.
As for the issue of the pillars, the pillars of Islam, if someone wants to analogize a righteous deed to one of the pillars, we would prevent him first: because this is in the category of fulfilling commands, not in the category of descriptions to which rulings are attached. And it is not possible for us to establish a command except by permission from the Shari'ah.
Second: We say to anyone who wants to attach something other than the pillars of Islam to the pillars of Islam: Who told you that the thing you want to attach is equal in the sight of Allah to what the pillar is equal to? It is not possible.
Therefore, analogical reasoning is prohibited in commands. You cannot analogize anything to commands by saying: If the Lawgiver commanded this, He commanded this. But as for the issue of defects or rulings attached to descriptions, whenever these descriptions are found in something or something more deserving, the ruling is established in it. Have you seen the saying of the Messenger (peace and blessings be upon him):.
Do we say: The lion is not killed in the Sacred Precinct? What do you say, everyone? It is killed, and it is more deserving than the mad dog. Do we say: The snake is not killed in the Sacred Precinct? We do not say that. We say: It is killed. Because if the scorpion is specified, the snake is more harmful than it. So, when something is specified, the ruling is established in what is like it or more deserving.
The questioner : Do you mean the presence of the cause, O Shaykh?
The Shaykh : Yes. That is enough. That is not a second question. Give the brother next to you a turn. Now, please. Peace be upon you.
Now, O Shaykh, someone might say: We analogize to some of the pillars, I mean the pillars of Islam, by applying other matters to what is specified in the hadith. What is the criterion for this, O Shaykh?
The Shaykh : First: The defects specified by the Lawgiver in the 'Id sacrifice are four, because he was asked:
What should be avoided in sacrificial animals? He said: Four, and he gestured with his hand: the one whose blindness is evident, the one whose illness is evident, the one whose lameness is evident, and the emaciated one that does not fatten.
ماذا يتقى من الضحايا ؟ فقال : أربعًا وأشار بيده : العوراء البين عورها والمريضة البين مرضها والعرجاء البين ضلعها والعجفاء التي لا تنقيThese are four defects, and we know that the Shari'ah is based on wisdom. So, when the Lawgiver specifies something, it is a specification for that thing and for what is in its meaning or more deserving.
As for the issue of the pillars, the pillars of Islam, if someone wants to analogize a righteous deed to one of the pillars, we would prevent him first: because this is in the category of fulfilling commands, not in the category of descriptions to which rulings are attached. And it is not possible for us to establish a command except by permission from the Shari'ah.
Second: We say to anyone who wants to attach something other than the pillars of Islam to the pillars of Islam: Who told you that the thing you want to attach is equal in the sight of Allah to what the pillar is equal to? It is not possible.
Therefore, analogical reasoning is prohibited in commands. You cannot analogize anything to commands by saying: If the Lawgiver commanded this, He commanded this. But as for the issue of defects or rulings attached to descriptions, whenever these descriptions are found in something or something more deserving, the ruling is established in it. Have you seen the saying of the Messenger (peace and blessings be upon him):
Five of the beasts of prey, all of which are harmful, are killed in the permitted areas and the Sacred Precinct: the crow, the kite, the scorpion, the rat, and the mad dog.
خمس من الدواب كلهن فواسق يقتلن في الحل والحرم : الغراب والحدأة والعقرب والفأر والكلب العقورDo we say: The lion is not killed in the Sacred Precinct? What do you say, everyone? It is killed, and it is more deserving than the mad dog. Do we say: The snake is not killed in the Sacred Precinct? We do not say that. We say: It is killed. Because if the scorpion is specified, the snake is more harmful than it. So, when something is specified, the ruling is established in what is like it or more deserving.
The questioner : Do you mean the presence of the cause, O Shaykh?
The Shaykh : Yes. That is enough. That is not a second question. Give the brother next to you a turn. Now, please. Peace be upon you.