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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is there a hadith that the legislation of those before us is legislation for us?

Machine translationRead the Arabic original
The questioner : ... .

The Shaykh : This is an important issue, and it is discussed in the principles of jurisprudence, but it is a significant matter that we must clarify. Allah (Mighty and Majestic) said:
Those are the ones whom Allah has guided أولئك الذين هدى الله
When He mentioned the prophets, who are the messengers, in the Qur'an, He said:
Those are the ones whom Allah has guided, so follow their guidance أولئك الذين هدى الله فبهداهم اقتده
, and He (Blessed and Exalted is He) said:
There was certainly in their stories a lesson for those of understanding لقد كان في قصصهم عبرة لأولي الألباب
[Yusuf 12:111]
, and there are many verses regarding this. This is from the perspective of textual evidence; from the perspective of reason, if we were not to take lessons from their actions, words, and conditions, the purpose of mentioning them would be mere futility and idle talk with no benefit. Therefore, the stronger, indeed the necessary, position is that the legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling. The greatest evidence for this is the hadith of Anas regarding the story of al-Rabi' when the front tooth of a girl from the Ansar was broken. The Prophet (peace and blessings be upon him) ordered that her front tooth be broken. Anas ibn al-Nadr said: "Will you break al-Rabi's front tooth? By Allah, it will not be broken." They had offered the girl's family blood money, but they refused. He said: "It is necessary that the tooth be broken." Then he said:
Anas, God’s decree is retaliation. يا أنس كتاب الله القصاص
Mishkat al-Masabih 3460
The Torah.
And We ordained for them therein a life for a life وكتبنا عليهم فيها أن النفس بالنفس
[Al-Ma'idah 5:45]
We have written for us retaliation in the case of killing.
O you who have believed, prescribed for you is legal retribution for those murdered يا أيها الذين آمنوا كتب عليكم القصاص في القتلى
[Al-Baqarah 2:178]
As for limbs, extremities, and wounds, these have not been written for us; they are written for the Children of Israel. And yet, he said:
The Book of Allah is retaliation كتاب الله القصاص
This is clear evidence that the legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling.
Source alathar.net

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

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