Explanation of the author's statement: "…not if they are equal…"
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The Shaykh : All right, the author said "not if they are equal", meaning that silk is not forbidden if they are equal. Equal to what? The pronoun refers to what? It refers to the silk and what is with it. For this reason, he said "and what is the majority of it", meaning that if the silk and what is with it are equal, it is not forbidden. Why? They said that what is forbidden is the silk. If we took the apparent wording, which is its apparent meaning, we would say that it is not forbidden, nor is that which is mostly silk. But considering the majority is mentioned in several rulings in the Shari'ah, so we took the majority. If they are equal, then a permissive factor and a prohibitive factor have come together, and the original state is permissibility until we know that this is something that falls under prohibition. Pay attention to this reasoning. He says that if they are equal, a permissive factor and a prohibitive factor have come together, and the original state of clothing is permissibility and lawfulness. So we are in doubt about whether this, in which the silk and other things are equal, falls under the prohibition of silk. We are in doubt about its falling under the prohibition of silk, and the original state is permissibility. And some of our scholars (may Allah have mercy on them) said that if they are equal, it is forbidden, and they reasoned with the famous principle that when a permissive factor and a prohibitive factor come together, the side of prohibition is given precedence. Each of them has a perspective. Both reasonings are correct. Those who say that if they are equal it is not forbidden say that only the silk was forbidden, and we attached the majority to the whole. But to attach the equal amount to the whole, that is far from the principles of the Shari'ah. And those who said it is forbidden said that a permissive factor and a prohibitive factor came together, so the side of prohibition was given precedence, and this is a known legal principle. In such matters where the evidence conflicts, what is the position of the person? Yes? Caution. All right, and what is caution? Abandoning or doing?
The questioner : Abandoning.
The Shaykh : It is said that in the context of seeking, caution is doing, and in the context of prohibition, caution is abandoning. Yes.
The questioner : Abandoning.
The Shaykh : It is said that in the context of seeking, caution is doing, and in the context of prohibition, caution is abandoning. Yes.
