What is your opinion of the one who says that the rule of the prohibitive and the permissive does not apply to acts of worship, but only to transactions?
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The questioner : If you would allow me, on this occasion, one of the brothers or some of the scholars say, regarding the rule of the prohibitive and the permissive which is resorted to in cases of conflict, does this rule, in its scope, apply to acts of worship? And specifically, the word "permissive"—meaning, can an act of worship be described as permissible? If the answer is yes, what is "permissible" according to the jurists? For the jurists, "permissible" is that which the Shari'ah has not commanded to be done nor to be left undone; for them, it is the equality of the demand to act and the demand to refrain, without preferring either. An act of worship is a demand to act, devoid of [ambiguity]; it is either obligatory or recommended. He finds it strange how this rule is used, and whether an act of worship can be described as permissible here.
The Shaykh : He finds what strange?
The questioner : He finds it strange to describe an act of worship as permissible. Can an act of worship be described as permissible?
The Shaykh : What act of worship? What is the act of worship?
The questioner : Fasting on Saturday.
The Shaykh : Fasting on Saturday?
The questioner: Yes.
The Shaykh : Fasting on Saturday which is prohibited, or not prohibited?
The questioner : The prohibited one, not the non-prohibited one.
The Shaykh: May Allah guide you.
The questioner : Shaykh, may Allah preserve you, I will stay with you, if Allah wills, until you reach our brother.
The Shaykh : Yes, but the ones who were invited did not come, even though I called Abu Mu'adh.
The questioner : Yes, exactly.
The Shaykh : Good morning.
The questioner : Yes, exactly.
The Shaykh : He received the invitation. The prohibited one, or the permissible one? So that I can present the long, broad question.
The questioner : By Allah, our Shaykh, I did not understand, I mean.
The Shaykh : Fasting on the day of Saturday, about which this person speaks or which is reported from him, either he says it is prescribed or he says it is prohibited. Do you understand this?
The questioner: Yes.
The Shaykh : Well, if it is prescribed, can it be called permissible?
The questioner : It is not called permissible.
The Shaykh : And if it is prohibited, can it be called permissible?
The questioner : No, it is not called permissible.
The Shaykh : Then what is the meaning of the entire lecture?
The questioner : Well, if we go back and say at the beginning, permissible, yes.
The Shaykh : What is the meaning of the lecture?
The questioner : I mean, I will correct my first word. If we say that it is permissible, if it is prescribed, and we say that its fasting is permissible.
The Shaykh : What is behind this question?
The questioner : He always says that the jurists do not mention the rule of the prohibitive and the permissive in acts of worship; it is not used except in transactions. The point is that the rule is not applied here because this is an act of worship, so this rule is not used for this act of worship.
The Shaykh : Who said that?
The questioner : The jurists.
The Shaykh : Who said the jurists?
The questioner : Some of them were mentioned.
The Shaykh : Did you read it?
The questioner : Abu al-Walid al-Baji, al-Amidi, and some books of the principles of jurisprudence were read to us.
The Shaykh : I am telling you—where are you going? Go down and look for a cigarette.
The Shaykh : He finds what strange?
The questioner : He finds it strange to describe an act of worship as permissible. Can an act of worship be described as permissible?
The Shaykh : What act of worship? What is the act of worship?
The questioner : Fasting on Saturday.
The Shaykh : Fasting on Saturday?
The questioner: Yes.
The Shaykh : Fasting on Saturday which is prohibited, or not prohibited?
The questioner : The prohibited one, not the non-prohibited one.
The Shaykh: May Allah guide you.
The questioner : Shaykh, may Allah preserve you, I will stay with you, if Allah wills, until you reach our brother.
The Shaykh : Yes, but the ones who were invited did not come, even though I called Abu Mu'adh.
The questioner : Yes, exactly.
The Shaykh : Good morning.
The questioner : Yes, exactly.
The Shaykh : He received the invitation. The prohibited one, or the permissible one? So that I can present the long, broad question.
The questioner : By Allah, our Shaykh, I did not understand, I mean.
The Shaykh : Fasting on the day of Saturday, about which this person speaks or which is reported from him, either he says it is prescribed or he says it is prohibited. Do you understand this?
The questioner: Yes.
The Shaykh : Well, if it is prescribed, can it be called permissible?
The questioner : It is not called permissible.
The Shaykh : And if it is prohibited, can it be called permissible?
The questioner : No, it is not called permissible.
The Shaykh : Then what is the meaning of the entire lecture?
The questioner : Well, if we go back and say at the beginning, permissible, yes.
The Shaykh : What is the meaning of the lecture?
The questioner : I mean, I will correct my first word. If we say that it is permissible, if it is prescribed, and we say that its fasting is permissible.
The Shaykh : What is behind this question?
The questioner : He always says that the jurists do not mention the rule of the prohibitive and the permissive in acts of worship; it is not used except in transactions. The point is that the rule is not applied here because this is an act of worship, so this rule is not used for this act of worship.
The Shaykh : Who said that?
The questioner : The jurists.
The Shaykh : Who said the jurists?
The questioner : Some of them were mentioned.
The Shaykh : Did you read it?
The questioner : Abu al-Walid al-Baji, al-Amidi, and some books of the principles of jurisprudence were read to us.
The Shaykh : I am telling you—where are you going? Go down and look for a cigarette.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.