Reading from the author's text with commentary and collation of manuscripts: "Chapter: If it is said: The evidence you mentioned is contradicted by what indicates the opposite
Machine translationRead the Arabic original
The reader: "Chapter: If it is said: The evidence you mentioned is contradicted by what indicates the opposite, and that is: the legislation of those before us is legislation for us, unless our legislation comes with a contrary ruling, and His saying, the Exalted: and His saying: [An-Nisa 4:125] and His saying: [Al-Ma'idah 5:44] ".
The Shaykh : His saying "the evidence you mentioned" means: in opposing those before us, in opposing those before us, it is contradicted by what indicates that the legislation of those before us is legislation for us, so look at the Shaykh's answer.
The reader: "And other evidence mentioned in other places, even though you accept this principle, which is the statement of most of the Salaf and the majority of jurists, and it is contradicted by what Sa'id ibn Jubayr narrated from Ibn 'Abbas (may Allah be pleased with them both)"
The Shaykh : So this is a contradiction, another contradiction by what Ibn Sa'id narrated
The reader: "And it is contradicted by what Sa'id ibn Jubayr narrated from Ibn 'Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) arrived in al-Madinah and found the Jews fasting on the Day of 'Ashura, so he said to them (peace and blessings be upon him):Sahih Muslim 1130c Agreed upon by al-Bukhari and Muslim.
And from Abu Musa (may Allah be pleased with him), he said: "The Day of 'Ashura was considered a festival by the Jews. The Prophet (peace and blessings be upon him) said: Agreed upon by al-Bukhari and Muslim, and this wording is from al-Bukhari, and the wording of Muslim is: Sahih Muslim 1131a And in a wording of his: And from al-Zuhri, from 'Ubayd Allah ibn 'Abd Allah ibn 'Utbah, from Ibn 'Abbas (may Allah be pleased with them both), he said: "The People of the Book used to let their hair hang down, and the polytheists used to part their heads, and the Messenger of Allah (peace and blessings be upon him) loved to agree with the People of the Book in matters in which he had not been commanded anything, so the Messenger of Allah (peace and blessings be upon him) let his forelock hang down, then he parted it afterwards." Agreed upon by al-Bukhari and Muslim. It was said: "
The Shaykh : In this hadith, in what he first cited, that the Prophet (peace and blessings be upon him) arrived in al-Madinah and found the Jews fasting on the Day of 'Ashura, its apparent meaning is that the Day of 'Ashura is a day in Rabi' al-Awwal, because it is agreed that the Prophet (peace and blessings be upon him) arrived in Rabi' al-Awwal, and there is no doubt in this. Some scholars answered that, meaning the Jews, used to date by months other than the Arabic ones, and it coincided with the arrival of the Messenger, may Allah's prayer and peace be upon him, in al-Madinah at the time that coincided with the Day of 'Ashura. This is a sound and clear answer. Otherwise, there is a problem: when is the Day of 'Ashura? In Muharram, yes, indeed.
The reader: "It was said: As for the contradiction, it is that the legislation of those before us is legislation for us"
The Shaykh : Legislation, legislation
The reader: Correction, O Shaykh
The Shaykh : Legislation for us
The reader: I say correction
The Shaykh : Ah?
The reader: Correction.
The Shaykh : Yes, correction
The student: The wording of al-Bukhari and Muslim
The Shaykh : how
The student: The wording of al-Bukhari and Muslim
The Shaykh : And this is the wording of al-Bukhari
The student: This is his wording
The Shaykh : After his saying "Agreed upon by al-Bukhari and Muslim," we do not have "this is the wording of al-Bukhari and the wording of Muslim is: The Jews honor it."
The student: He referred to it
The Shaykh : Yes, did he point to a manuscript?
The student: In the printed edition, it is also...
The Shaykh : That it is the wording of al-Bukhari, yes
The student: ...
The Shaykh : It is not that the Day of 'Ashura is in Muharram, this is considering the lunar months, but the Jews do not date by this; they date by the solar months. It happened that the day in which Allah afflicted Musa and his people was the day of the Messenger's arrival in al-Madinah, in a month other than Muharram. This is it.
So follow their guidance
فبهداهم اقتدهfollows the religion of Abraham
اتبع ملة إبراهيمThe prophets who submitted [to Allah] judged by it
يحكم بها النبيون الذين أسلمواThe Shaykh : His saying "the evidence you mentioned" means: in opposing those before us, in opposing those before us, it is contradicted by what indicates that the legislation of those before us is legislation for us, so look at the Shaykh's answer.
The reader: "And other evidence mentioned in other places, even though you accept this principle, which is the statement of most of the Salaf and the majority of jurists, and it is contradicted by what Sa'id ibn Jubayr narrated from Ibn 'Abbas (may Allah be pleased with them both)"
The Shaykh : So this is a contradiction, another contradiction by what Ibn Sa'id narrated
The reader: "And it is contradicted by what Sa'id ibn Jubayr narrated from Ibn 'Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) arrived in al-Madinah and found the Jews fasting on the Day of 'Ashura, so he said to them (peace and blessings be upon him):
What is the (significance) of this day that you observe fast on it? They said: It is the day of great (significance) when Allah delivered Moses and his people, and drowned the Pharaoh and his people, and Moses observed fast out of gratitude and we also observe it. Upon this the Messenger of Allah (ﷺ) said: We have more right, and we have a closer connection with Moses than you have; so Allah's Messenger (ﷺ) observed fast (on the day of 'Ashura), and gave orders that it should be observed.
ما هذا اليوم الذي تصومونه قالوا هذا يوم عظيم أنجى الله فيه موسى وقومه وأغرق فيه فرعون وقومه فصامه موسى شكرا لله فنحن نصومه تعظيما له فقال رسول الله صلى الله عليه وسلم : فنحن أحق وأولى بموسى منكم فصامه رسول الله صلى الله عليه وسلم وأمر بصيامهAnd from Abu Musa (may Allah be pleased with him), he said: "The Day of 'Ashura was considered a festival by the Jews. The Prophet (peace and blessings be upon him) said:
So you fast it.
فصوموه أنتمwhich the Jews respected and they treated it as Id
تعظمه اليهود وتتخذه عيداThe people of Khaybar used to fast the Day of 'Ashura and make it a festival, and they would adorn their women with their jewelry and ornaments on it.
كان أهل خيبر يصومون يوم عاشوراء ويتخذونه عيدا ويلبسون نساءهم فيه حليهم وشاراتهمThe Shaykh : In this hadith, in what he first cited, that the Prophet (peace and blessings be upon him) arrived in al-Madinah and found the Jews fasting on the Day of 'Ashura, its apparent meaning is that the Day of 'Ashura is a day in Rabi' al-Awwal, because it is agreed that the Prophet (peace and blessings be upon him) arrived in Rabi' al-Awwal, and there is no doubt in this. Some scholars answered that, meaning the Jews, used to date by months other than the Arabic ones, and it coincided with the arrival of the Messenger, may Allah's prayer and peace be upon him, in al-Madinah at the time that coincided with the Day of 'Ashura. This is a sound and clear answer. Otherwise, there is a problem: when is the Day of 'Ashura? In Muharram, yes, indeed.
The reader: "It was said: As for the contradiction, it is that the legislation of those before us is legislation for us"
The Shaykh : Legislation, legislation
The reader: Correction, O Shaykh
The Shaykh : Legislation for us
The reader: I say correction
The Shaykh : Ah?
The reader: Correction.
The Shaykh : Yes, correction
The student: The wording of al-Bukhari and Muslim
The Shaykh : how
The student: The wording of al-Bukhari and Muslim
The Shaykh : And this is the wording of al-Bukhari
The student: This is his wording
The Shaykh : After his saying "Agreed upon by al-Bukhari and Muslim," we do not have "this is the wording of al-Bukhari and the wording of Muslim is: The Jews honor it."
The student: He referred to it
The Shaykh : Yes, did he point to a manuscript?
The student: In the printed edition, it is also...
The Shaykh : That it is the wording of al-Bukhari, yes
The student: ...
The Shaykh : It is not that the Day of 'Ashura is in Muharram, this is considering the lunar months, but the Jews do not date by this; they date by the solar months. It happened that the day in which Allah afflicted Musa and his people was the day of the Messenger's arrival in al-Madinah, in a month other than Muharram. This is it.