May Allah protect us from you, may Allah reward you with good. The famous jurisprudential rule is that if a text or expression is general, and then it is specified by some of its individuals, is this expression restricted by that individual, or is it taken in its generality and that individual is treated as an example?
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The questioner : I have a difficulty with the evidence, and may Allah protect me from you, or may Allah protect us from you, may Allah reward you with good. The famous jurisprudential rule is: if a text or expression is general, and then it is specified by some of its individuals, is this expression restricted by that individual, or is it taken in its generality and that individual is treated as an example? You chose the second option, O Shaykh, is that not so?
The Shaykh : This is if it agrees with the ruling of the general.
The questioner : Yes, but in the hadith, O Shaykh,Sahih Muslim 278a you considered the condition where his hand spent the night and restricted it to sleep at night, even though the expression wakes up is general.
The Shaykh : May Allah bless you, this is good. This is a good question, and there may be a difficulty in it. We ask now: did the Companions (may Allah be pleased with them) sleep more at night or during the day?
The questioner : No...
The Shaykh : But which is more? I say that they sleep during the day and sleep at night.
The questioner : More at night.
The Shaykh : More at night. So if this reasoning agrees with the majority, it is applied to it. That means there is a circumstance here. Otherwise, your statement is correct and applies to the rule, but there is a circumstance.
The questioner : The circumstance is the majority, O Shaykh.
The Shaykh : The circumstance is the known that specifies. But an example of the correct one is, for instance, the statement of Jabir (may Allah be pleased with him)Sahih al-Bukhari 2496 We have a general expression and a specific expression. In everything that has not been divided, this is general and includes even a car if your partner sells it to you, you have the right of pre-emption. If the boundaries are established and the roads are directed, this is specific to what? To the land, which is what has boundaries and roads. So do we say that the right of pre-emption is only in land in a partnership of land, or in everything? This is what is built upon the rule. May Allah bless you, and well done.
The time is over. Brother Musa, the one in charge of recording, says that the time is up, and I fear that the recording will be cut off... and you go, if Allah wills, to next week. Yes.
The questioner : The judge
The Shaykh : The right of pre-emption. May Allah bless you. To the judges, we are not able to issue a ruling on it except... the lesson.
The questioner : May Allah reward you with good
The Shaykh : May Allah bless you. May Allah grant me and you beneficial knowledge and righteous deeds. Glory be to You, O Allah, and praise be to You. I bear witness that there is no deity but You. I seek Your forgiveness and repent to You.
The Shaykh : This is if it agrees with the ruling of the general.
The questioner : Yes, but in the hadith, O Shaykh,
When anyone amongst you wakes up from sleep, he must not put his hand in the utensil till he has washed it three times, for he does not know where his hand was during the night.
إذا استيقظ أحدكم من نومه فلا يغمس يده في الإناء حتى يغسلها ثلاثاً فإنه لا يدري أحدكم أين باتت يدهThe Shaykh : May Allah bless you, this is good. This is a good question, and there may be a difficulty in it. We ask now: did the Companions (may Allah be pleased with them) sleep more at night or during the day?
The questioner : No...
The Shaykh : But which is more? I say that they sleep during the day and sleep at night.
The questioner : More at night.
The Shaykh : More at night. So if this reasoning agrees with the majority, it is applied to it. That means there is a circumstance here. Otherwise, your statement is correct and applies to the rule, but there is a circumstance.
The questioner : The circumstance is the majority, O Shaykh.
The Shaykh : The circumstance is the known that specifies. But an example of the correct one is, for instance, the statement of Jabir (may Allah be pleased with him)
The right of preemption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption.
قضى النبي صلى الله عليه وسلم بالشفعة في كل ما لم يقسم فإذا وقعت الحدود وصرفت الطرق فلا شفعةThe time is over. Brother Musa, the one in charge of recording, says that the time is up, and I fear that the recording will be cut off... and you go, if Allah wills, to next week. Yes.
The questioner : The judge
The Shaykh : The right of pre-emption. May Allah bless you. To the judges, we are not able to issue a ruling on it except... the lesson.
The questioner : May Allah reward you with good
The Shaykh : May Allah bless you. May Allah grant me and you beneficial knowledge and righteous deeds. Glory be to You, O Allah, and praise be to You. I bear witness that there is no deity but You. I seek Your forgiveness and repent to You.