Is there a hadith that the legislation of those before us is legislation for us?
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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: When He mentioned the prophets, who are the messengers, in the Qur'an, He said: , and He (Blessed and Exalted is He) said: [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: Mishkat al-Masabih 3460 The Torah. [Al-Ma'idah 5:45] We have written for us retaliation in the case of killing. [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: This is clear evidence that the legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling.
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:
