How did al-Bukhari use a specific piece of evidence to support the generality of the chapter heading?
Machine translationRead the Arabic original
The questioner : Ibn Hajar, in his discussion of the chapter heading regarding his use of a specific case to prove a general rule...?
The Shaykh : He excused himself by saying that it is prescribed to say the name of Allah when engaging in sexual intercourse.
The questioner : ... ?
The Shaykh : Be patient, for other cases are even more deserving of this ruling. There is a problem with this; it is an analogy with a difference. I say: this is an analogy with a difference. Why?
Because sexual intercourse other than the act itself existed during the time of the Messenger of Allah (peace and blessings be upon him), and he did not say the name of Allah for it. He did not say the name of Allah when he intended to pray, he did not say the name of Allah when he intended to sell, and he did not say the name of Allah when he intended to hire. Yes, so as long as the thing existed during the time of the Messenger and its cause existed, it cannot be used as an analogy.
And for this reason, we said that the analogy made by some jurists, comparing the recommendation of using the siwak when entering the mosque to the use of the siwak when entering the house, is an incorrect analogy. Because the Messenger (peace and blessings be upon him) used to enter the mosque, and it is not reported that he used the siwak when entering the mosque. So this is similar to that. He (may Allah have mercy on him) wanted to excuse al-Bukhari, but he excused him with something that does not constitute an excuse, and it cannot be used as an analogy.
The Shaykh : He excused himself by saying that it is prescribed to say the name of Allah when engaging in sexual intercourse.
The questioner : ... ?
The Shaykh : Be patient, for other cases are even more deserving of this ruling. There is a problem with this; it is an analogy with a difference. I say: this is an analogy with a difference. Why?
Because sexual intercourse other than the act itself existed during the time of the Messenger of Allah (peace and blessings be upon him), and he did not say the name of Allah for it. He did not say the name of Allah when he intended to pray, he did not say the name of Allah when he intended to sell, and he did not say the name of Allah when he intended to hire. Yes, so as long as the thing existed during the time of the Messenger and its cause existed, it cannot be used as an analogy.
And for this reason, we said that the analogy made by some jurists, comparing the recommendation of using the siwak when entering the mosque to the use of the siwak when entering the house, is an incorrect analogy. Because the Messenger (peace and blessings be upon him) used to enter the mosque, and it is not reported that he used the siwak when entering the mosque. So this is similar to that. He (may Allah have mercy on him) wanted to excuse al-Bukhari, but he excused him with something that does not constitute an excuse, and it cannot be used as an analogy.