Continuation of the explanation of the author's statement: "For one who is not fasting, after the sun has passed its zenith."
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The Shaykh : Without a cause. If that is the case, then the evidence regarding the miswak is general, not specific. The general [evidence] is Sunan an-Nasa'i 5Sahih (Darussalam), which is general; Sunan Abi Dawud 47Sahih (Al-Albani), which is general; and , which is general. These are the general evidences: the words and deeds of the Messenger (peace and blessings be upon him). They cannot be restricted except by evidence. He said, "And the evidence is the hadith we referred to, Sunan ad-Daraqutni 11:200." Second, the reasoning we mentioned. However, those who said that using the miswak is recommended for the fasting person absolutely said: As for the hadith, it is weak and does not suffice to restrict the general, because a weak hadith is not a proof; it cannot establish a ruling or restrict the general. Restricting the general is a ruling, or rather, it is not a ruling in the sense of establishing a new one, but it is excluding this specific case from the general ruling and establishing a specific ruling for it. This requires the proof of the restricting evidence to be established; otherwise, it is not accepted. As for the reasoning, it is defective. This is because those who were killed in the cause of Allah, and the Messenger (peace and blessings be upon him) commanded that their blood remain when they are resurrected on the Day of Resurrection, will come out on the Day of Resurrection with their blood flowing. I forgot the exact wording of the hadith: it will flow blood, the color of blood and the scent of musk. Therefore, this thing that will exist on the Day of Resurrection should not be removed. Its exact parallel is the statement of the Prophet (peace and blessings be upon him) regarding the one who died at 'Arafah, where he said, . For this reason, it is appropriate that for one who dies in the state of ihram, we do not seek a new cloth for him, but rather we shroud him in the clothes of his ihram that are on him. The Prophet (peace and blessings be upon him) reasoned this by saying, Sunan an-Nasa'i 2713. He is buried in his clothes; he is shrouded in his clothes, as the Prophet (peace and blessings be upon him) commanded. We also say that linking the ruling to the passing of the sun is refuted both in the affirmative and the negative. This is because this odor may occur before the sun passes its zenith, because its cause is the emptiness of the stomach from food. If a person does not eat the pre-dawn meal at the end of the night, his stomach will become empty early. And you do not say that whenever this unpleasant odor is found, using the miswak is prohibited or disliked. This is one point. Second, it is refuted in the negative or affirmative by saying that some people do not develop this unpleasant odor. This is observed in reality: some people do not have it, either because of the purity of their stomachs or because food does not digest quickly in them. Although in the latter case, more odors may arise from them, but in any case, this cause is refuted. And when the cause is refuted, the effect is refuted, because the cause is the root and the effect is the branch. Therefore, the correct view is that using the miswak is a recommended practice (sunnah) even for the fasting person. This is supported by this hadith, even though it is weak: the hadith of 'Amir ibn Rabi'ah, Mishkat al-Masabih 2009.
