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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Benefits of the Hadith: (O sons of 'Abd Manaf, do not prevent anyone who circumambulates this House...)

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The Shaykh : Among the benefits of this hadith: First, the wisdom of the Prophet (peace and blessings be upon him) in directing the address to those who are most appropriate for it and most specific to it, as he said:
O Banu 'Abd Manaf! يا بني عبد مناف
Jami` at-Tirmidhi 3186Hasan (Darussalam)
Does this mean that those who are not in charge of the Sacred Mosque are permitted to prevent people? No, but the ruling is the same; however, the address was directed to them because they are the authorities over it. The parallel to this is: the parallel to directing the address to those who are most appropriate for it is the saying of the Prophet (peace and blessings be upon him):
Young man, those of you who can support a wife should marry يا معشر الشباب من استطاع منكم الباءة فليتزوج
Mishkat al-Masabih 3080
This command is for young men and others; everyone who wants to marry and has the desire for marriage is commanded to do this. So, what is one of the benefits of the hadith? The wisdom of the Prophet (peace and blessings be upon him) in directing the address to those who are most appropriate for it among people. And among the benefits of this hadith: the prohibition for those in charge of the Sacred Mosque to prevent anyone from circumambulating in it by the authority of their guardianship. By the authority of their guardianship. Pay attention to this condition:
to prevent anyone who prays in it أن يمنع أحدًا يصلي فيه
By the authority of their guardianship, because the Messenger generalized and said:
at any time he wants of night or day أية ساعة شاء من ليل أو نهار
Sunan an-Nasa'i 585
I specified that in order to refute the claim of those who say that there is no prohibition of prayers in the Sacred Mosque. Because here the Messenger (peace and blessings be upon him) addressed them as guardians, meaning: do not let your guardianship lead you to prevent people from praying in the mosque or circumambulating. The issue remains: is it permissible for a person to circumambulate or pray? This is if we now condition the address to the guardians of the Sacred Mosque. The address to the people: do they pray or not? In reality, the hadith does not contain evidence for the permissibility of prayer in the Sacred Mosque at any time, because whether prayer is permissible or not is not addressed to the guardians. Who is it addressed to? The general public. So if someone wants to pray, do not prevent him. And that is why I told you: do not prevent by the authority of guardianship. But if someone stands to pray during the prohibited times and they prevent him by the ruling of the Shari'ah, they have the right to do so, because this falls under the category of preventing evil. Pay attention to this point, because some scholars (may Allah have mercy on them) said: this hadith indicates that a person in the Sacred Mosque can pray at any hour. It is said: this is a mistake. The address is directed to the sons of 'Abd Manaf? By the authority of guardianship, meaning: do not prevent them. As for whether he prays or not, that returns to the other evidences. If it is a time when it is permissible to pray, then he prays; otherwise, he does not. Among the benefits of this hadith: circumambulation is not prayer. Circumambulation is not prayer, because he said:
do not prevent him at any hour لا تمنعوه أي ساعة
And I have mentioned to you that the actor, who is not the one in authority, his matter returns to the Shari'ah. Did the Messenger (peace and blessings be upon him) prohibit circumambulation during the five prohibited times? No. And this supports what the Shaykh al-Islam (may Allah have mercy on him) chose, that circumambulation is not prayer and that ritual purity is not a condition in it. This has been discussed previously. And among the benefits of this hadith: it is not permissible for the authorities to prevent people from their rights. Clear? Yes, and it is so. But if the public interest requires that they prevent them from their rights, they have the right to do so. They have the right to do so. The evidence: the action of the Commander of the Faithful, 'Umar (may Allah be pleased with him), who did many things, but we will mention some of them: when a man divorces his wife three times in one utterance, it is his right to take her back. That is, if he says: "You are divorced, you are divorced, you are divorced," it is his right to take her back. In which era? In the time of the Prophet (peace and blessings be upon him), Abu Bakr, and two years of 'Umar's caliphate. When people became lax in this matter and started increasing the triple divorce, he prevented them from taking them back. He prevented them from taking them back and made the wives forbidden to them, even though the right is? They have the right to take them back. But he saw in the public interest that he should prevent them from this right so that they would refrain from the triple divorce, because the triple divorce is forbidden, as it is playing with the Book of Allah. The mothers of children were sold in the time of the Messenger (peace and blessings be upon him) and Abu Bakr. Who is the mother of a child? Who is the mother of a child?
The student: ... .

The Shaykh : The slave woman who gave birth to a child from her master. Yes, she was sold in the time of the Messenger (peace and blessings be upon him) and the time of Abu Bakr, and the beginning of 'Umar's caliphate. Then people became bold in separating the mother from her child, who was a small child, and her heart would melt, and the child would cry for her. So 'Umar prevented them from selling the mothers of children, even though they had the right to sell them or not? They had the right. So we say: it is not permissible for the one in authority to prevent people from their rights except for a public benefit, a pressing need, or a dire necessity. And among the benefits of this hadith: the refutation of an innovating sect. The refutation of an innovating sect: the Jabriyyah. The Jabriyyah say: the human being has no will or desire, and his action is compelled. And there is no doubt that if we brought one of them and flogged him with the harshest flogging and said: "Excuse me, my brother, I am compelled," would they agree or not? They do not agree. And for this reason, a thief argued, as narrated from 'Umar:
A thief was brought and he ordered the cutting off of his hand, so he said: "Wait, O Commander of the Faithful, by Allah, I did not steal except by the decree of Allah." He said: "And we do not cut off your hand except by the decree of Allah." أتي بسارق وأمر بقطع يده فقال : مهلا يا أمير المؤمنين والله ما سرقت إلا بقدر الله قال : ونحن لا نقطع يدك إلا بقدر الله
Also, 'Umar (may Allah be pleased with him) cuts off his hand by the decree of Allah and the legislation of Allah, while that one steals by the decree of Allah without the legislation of Allah. Allah is the Greatest, Allah is the Greatest.
The student: ... .

The Shaykh : If, if.
The student: ... .

The Shaykh : Yes.
The student: ... .

The Shaykh : Ah, until what?
The student: Until...

The Shaykh : Yes.
The student: ... .

The Shaykh : Yes, he is commanded to do it despite the sin. Did you hear the words of the brother Samih?
Source alathar.net

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

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