Is the command for obligation in all texts unless we find a factor that diverts it?
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The questioner : Okay, Shaykh, when a hadith comes to us, Shaykh, and the saying of the Prophet (peace and blessings be upon him) is "we were commanded" or "you were commanded"?
The Shaykh : We were commanded, we were commanded.
The questioner : We were commanded, yes, or if in other hadiths it says "you were commanded" or something else, the command includes that. So if we find a factor that diverts it, it is taken to be recommended, and so on. Do we say that it is obligatory?
The Shaykh : This is the original principle. The original principle is that a command implies obligation unless a factor is found that diverts it. This is the original principle and the stronger position among the scholars of jurisprudence principles. Some scholars of jurisprudence principles say that the original principle of a command is recommendation unless there is evidence for obligation.
The Shaykh : We were commanded, we were commanded.
The questioner : We were commanded, yes, or if in other hadiths it says "you were commanded" or something else, the command includes that. So if we find a factor that diverts it, it is taken to be recommended, and so on. Do we say that it is obligatory?
The Shaykh : This is the original principle. The original principle is that a command implies obligation unless a factor is found that diverts it. This is the original principle and the stronger position among the scholars of jurisprudence principles. Some scholars of jurisprudence principles say that the original principle of a command is recommendation unless there is evidence for obligation.