Reading from the author's text with commentary and collation of manuscripts: "The third
Machine translationRead the Arabic original
The Shaykh : This is expressed by the usul scholars by saying "the form of the cause is certain in its inclusion", meaning that when a general text comes down regarding a cause, the cause is certainly included in that general text. As for the rest of the individuals of the general text, most jurists say that their inclusion is by way of preference and conjecture, because it is possible that a general text was intended for a specific case. However, the form of the cause is certainly included, without doubt. Yes, for this reason he said that when it comes down regarding a cause, the cause must be included in it. Yes.
The reader: "The third: If slaughtering in the place of the festival had been permissible, the Prophet (peace and blessings be upon him) would have allowed the one who made a vow to fulfill it, just as he allowed the one who vowed to strike the hand drum to do so; rather, he would have made fulfilling it obligatory"
The Shaykh : Here is a point of difficulty: how does the Messenger (peace and blessings be upon him) say: while she wanted to strike the hand drum in the presence of the Messenger (peace and blessings be upon him)?
The original ruling is that striking the hand drum is forbidden, but this shows us that the Islamic religion, praise be to Allah, has breadth; it gives souls some freedom. When her heart was attached to striking the hand drum in joy for the Prophet (peace and blessings be upon him) and his arrival, the Messenger (peace and blessings be upon him) enabled her to do so, because if he had not enabled her in this situation, anxiety and sadness would have befallen her. She came rejoicing at the arrival of the Messenger (peace and blessings be upon him), wanting to strike the hand drum in his presence. If he had said, "No, since I arrived safely, thank Allah for His blessing and praise Allah," what would be in her heart? Without doubt, she would be sad. But the Shari'ah, praise be to Allah, gave souls some freedom, whether in joy or in sadness.
For this reason, a dispensation was granted for a person to wail over a deceased person. How long?
The student: Three days.
The Shaykh : Three days, because a person may be contracted and unable to deal with people, sit with them, or be happy with them. So the souls were given their share, and this is a rule that you should understand.
That is, Islam, praise be to Allah, gives souls some freedom. This woman struck the hand drum in the presence of the Messenger (peace and blessings be upon him). If a person came to someone after his return from a journey and said, "I wanted to strike the hand drum in your presence," would it be better to say, "Thank Allah, praise Allah that I arrived safely," or to say, "I will fulfill your vow"? I will fulfill your vow, and it does no harm.
Restricting this to cases where the person has honor, status, and prestige is questionable, because a person may be happier with the arrival of an ordinary person than people are with the arrival of one who has honor and prestige. So, for example, if someone asked, "By Allah, I vowed that if I arrived, I would strike the hand drum in your presence in the same house," I would say, "Fine, there is no obstacle," because the Messenger granted a dispensation, and the intention is to give the soul some freedom, provided that it does not contradict the Shari'ah. Yes.
The reader: "The third: If slaughtering in the place of the festival had been permissible, the Prophet (peace and blessings be upon him) would have allowed the one who made a vow to fulfill it, just as he allowed the one who vowed to strike the hand drum to do so; rather, he would have made fulfilling it obligatory"
The Shaykh : Here is a point of difficulty: how does the Messenger (peace and blessings be upon him) say:
I will fulfill your vow
أوفي بنذركThe original ruling is that striking the hand drum is forbidden, but this shows us that the Islamic religion, praise be to Allah, has breadth; it gives souls some freedom. When her heart was attached to striking the hand drum in joy for the Prophet (peace and blessings be upon him) and his arrival, the Messenger (peace and blessings be upon him) enabled her to do so, because if he had not enabled her in this situation, anxiety and sadness would have befallen her. She came rejoicing at the arrival of the Messenger (peace and blessings be upon him), wanting to strike the hand drum in his presence. If he had said, "No, since I arrived safely, thank Allah for His blessing and praise Allah," what would be in her heart? Without doubt, she would be sad. But the Shari'ah, praise be to Allah, gave souls some freedom, whether in joy or in sadness.
For this reason, a dispensation was granted for a person to wail over a deceased person. How long?
The student: Three days.
The Shaykh : Three days, because a person may be contracted and unable to deal with people, sit with them, or be happy with them. So the souls were given their share, and this is a rule that you should understand.
That is, Islam, praise be to Allah, gives souls some freedom. This woman struck the hand drum in the presence of the Messenger (peace and blessings be upon him). If a person came to someone after his return from a journey and said, "I wanted to strike the hand drum in your presence," would it be better to say, "Thank Allah, praise Allah that I arrived safely," or to say, "I will fulfill your vow"? I will fulfill your vow, and it does no harm.
Restricting this to cases where the person has honor, status, and prestige is questionable, because a person may be happier with the arrival of an ordinary person than people are with the arrival of one who has honor and prestige. So, for example, if someone asked, "By Allah, I vowed that if I arrived, I would strike the hand drum in your presence in the same house," I would say, "Fine, there is no obstacle," because the Messenger granted a dispensation, and the intention is to give the soul some freedom, provided that it does not contradict the Shari'ah. Yes.