The hadith prohibiting touching the private parts with the right hand appears to indicate prohibition, while the majority hold it to be disliked; what is the determining factor?
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The questioner : Now, this hadith contains an explicit prohibition, does it not?
The Shaykh : Which one?
The questioner : The hadith:As-Sunan al-Kubra lil-Nasa'i 1:41.
The Shaykh : Yes, yes.
The questioner : And the scholars (may Allah have mercy on them) interpreted it as indicating dislike. What is the criterion we will follow?
The Shaykh : Your question is one that has been discussed several times before.
The questioner : But, Shaykh, the criterion has not become clear.
The Shaykh : We told you that there is no single criterion. Those who say that the default ruling for a prohibition is that it is forbidden cannot apply this to every issue, and those who say it indicates dislike cannot apply that either. And we told you previously about the disagreement, did we not?
The questioner : Yes.
The Shaykh : And we explained the position of each opinion.
And we told you that some scholars took a middle path, saying that what falls under the category of etiquette, the command is for recommendation and the prohibition is for dislike. And what falls under the category of worship, the command is for obligation and the prohibition is for prohibition. Because worship, the benefits of worship, and what is related to them are matters left to the Lawgiver. So we interpret the command as obligation and the prohibition as prohibition. As for what is in the category of etiquette, this is for recommendation; recommendation in the case of a command and dislike in the case of a prohibition. This is from the category of etiquette.
The questioner : And this, Shaykh?
The Shaykh : This is from the category of etiquette.
The questioner : ...
The Shaykh : By Allah, I find this closest. This is closest to being systematic. But note that all this disagreement exists only as long as there is no determining factor. If there is a determining factor pointing to obligation, then it is for obligation. For example: This is from the category of etiquette, but the determining factor indicated that it is for prohibition because of his saying: Jami` at-Tirmidhi 1799Sahih (Darussalam).
ButSahih al-Bukhari 5855, this is a command. Why?
This is from the category of etiquette for recommendation. Likewise, the prohibition of walking with only one shoe on is from the category of etiquette, and many other things. So the closest of the opinions, and Allah knows best, the most systematic of them, is this middle opinion.
The Shaykh : Which one?
The questioner : The hadith:
When one of you goes to the place of relief, let him not touch his private parts with his right hand
فإذا أتى الخلاء فلا يمس ذكره بيمينهThe Shaykh : Yes, yes.
The questioner : And the scholars (may Allah have mercy on them) interpreted it as indicating dislike. What is the criterion we will follow?
The Shaykh : Your question is one that has been discussed several times before.
The questioner : But, Shaykh, the criterion has not become clear.
The Shaykh : We told you that there is no single criterion. Those who say that the default ruling for a prohibition is that it is forbidden cannot apply this to every issue, and those who say it indicates dislike cannot apply that either. And we told you previously about the disagreement, did we not?
The questioner : Yes.
The Shaykh : And we explained the position of each opinion.
And we told you that some scholars took a middle path, saying that what falls under the category of etiquette, the command is for recommendation and the prohibition is for dislike. And what falls under the category of worship, the command is for obligation and the prohibition is for prohibition. Because worship, the benefits of worship, and what is related to them are matters left to the Lawgiver. So we interpret the command as obligation and the prohibition as prohibition. As for what is in the category of etiquette, this is for recommendation; recommendation in the case of a command and dislike in the case of a prohibition. This is from the category of etiquette.
The questioner : And this, Shaykh?
The Shaykh : This is from the category of etiquette.
The questioner : ...
The Shaykh : By Allah, I find this closest. This is closest to being systematic. But note that all this disagreement exists only as long as there is no determining factor. If there is a determining factor pointing to obligation, then it is for obligation. For example:
When one of you eats, let him not eat with his left hand, nor drink with his left hand
إذا أكل أحدكم فلا يأكل بشماله ولا يشرب بشمالهfor indeed Ash-Shaitan eats with his left hand and drinks with his left hand
فإن الشيطان يأكل بشماله ويشرب بشمالBut
If you want to put on your shoes, put on the right shoe first; and if you want to take them off, take the left one first
إذا انتعل أحدكم فليبدأ باليمين وإذا خلع فليبدأ باليسارThis is from the category of etiquette for recommendation. Likewise, the prohibition of walking with only one shoe on is from the category of etiquette, and many other things. So the closest of the opinions, and Allah knows best, the most systematic of them, is this middle opinion.