Discussion and some questions regarding fasting on Saturday, with an explanation and clarification of the jurisprudential principle involved?
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The Shaykh : What did you conclude regarding fasting on Saturday?
The questioner : We have concluded, our Shaykh, if Allah wills, but in this issue there is a jurisprudential principle.
The Shaykh : Which one?
The questioner : It is that Muhammad ibn Hazm (may Allah have mercy on him) says, when he discusses hadiths related to specific chapters of jurisprudence: "We do not know the abrogating from the abrogated, so we must apply the jurisprudential principles." He mentioned the well-known principle in his view, which he constantly emphasizes, saying regarding this principle: "When we do not know the abrogating from the abrogated, we apply the principle of taking the additional over the original." I believe, to the extent of my knowledge, Shaykh, that this principle is very strong in the case of fasting on Saturday. I have looked at the paper of Shaykh Ali Abu al-Harith and what you have written, Shaykh, in various books about fasting on Saturday.
The Shaykh: Yes.
The questioner : I did not find this principle in its exact wording as transmitted from Ibn Hazm when he says: "We take the additional over the original if we do not know the abrogating from the abrogated." Here, Shaykh, when this principle is applied, we say, if Allah wills, it is very good. Taking the additional over the original: the original legal ruling here, when applied to this issue, is that you may fast any day you wish, and the additional over the original is that you do not fast this specific day.
The Shaykh: Yes.
The questioner : So when this principle is applied, it has a good effect, if Allah wills.
The Shaykh : Does this contradict the principle: "If there is a prohibitor and a permitter, the prohibitor is given precedence over the permitter"?
The questioner : No, no, it does not contradict, Shaykh.
The Shaykh : Well, all roads lead to the mill...
The questioner : So this is the same meaning, Shaykh?
The Shaykh: Yes.
The questioner : So the additional over the original means this now.
The Shaykh : So reverse it now; this is stronger than that. If it were established that the Prophet (peace and blessings be upon him) fasted on Saturday after prohibiting it, what would we do?
The questioner : We give precedence to the prohibitor over the permitter.
The Shaykh : Yes, even though here it is known that the permitter came after the prohibitor. In any case, we ask Allah to guide us to the truth in what people differ upon.
The questioner : O Allah, amen. May Allah bless you, Shaykh.
The Shaykh : May Allah bless you.
The questioner : So can we state the meaning of this principle?
The Shaykh: Yes.
The questioner : But with another meaning.
The Shaykh: Yes.
The questioner : Yes, I warned people today... and mentioned to them the prohibition of Saturday based on the fact that there is a prohibition and an exception and an emphasis. The exception is for the obligatory fast, and the emphasis means... So I said, it is not just a prohibition; it is a prohibition and an emphasis on not fasting except in the obligatory fast, and that a person should not vow to do something... So one of the brothers came to me saying: "My brother, Dr. Muhammad says something different." And yesterday we spoke about Abu Ghazalah, and Abu Ghazalah is one of the well-known Sufis...
The Shaykh : Look, this principle is more important than what I mentioned, although it has its value. Fasting on Monday and fasting on Thursday is, first of all, agreed upon as lawful. But if it coincides with a festival day, is it fasted?
The questioner: No.
The Shaykh : Here that principle does not help, but the principle that the prohibitor is given precedence over the permitter remains.
The questioner: Yes.
The Shaykh : That is why we said, on the occasion of fasting on the Day of 'Arafah, it was a Saturday.
The questioner: Yes.
The Shaykh : Some scholars, as is not hidden from everyone, interpret the prohibition of fasting on Saturday as being specific to fasting it alone. That is what is prohibited. But if one fasts a day before it or a day after it, it is permissible in their view. And a person might be surprised by the Day of 'Arafah falling on a Saturday and fast it. To avoid contradicting the prohibition, even on that weak interpretation in my view, one must fast the day after it. Well, the day after it is a festival day, so what do they do?
The questioner: Yes.
The Shaykh : Therefore, the prohibitor is given precedence over the permitter.
The questioner : Since it is known, Shaykh, that the Day of 'Arafah will be fasted on Friday.
The Shaykh : It is also prohibited to fast it if it is alone, meaning.
The questioner : Regarding its connection.
The Shaykh : Regarding what?
The questioner : Regarding the connection or addition; he fasts Friday and fasts Saturday with it.
The Shaykh : Yes.
The questioner : Yes, meaning he does not fast Sunday because it is a festival day.
The Shaykh : Yes, it is not permissible. But I wanted to say something practical. The general public, due to their disconnection from knowledge, cannot apply the fine details of scientific issues like the one we are discussing. So, by way of blocking the means to harm, not the text of the hadith prohibiting fasting on Saturday except in what is obligatory upon you, we say: Fasting on Saturday is prohibited because people take it as a rule, even if they do not fast a day before it or a day after it. Apply the hadith to its apparent meaning and the only exception that came with it, and nothing else. And I strongly dislike the condition that some of them add, namely: "Except if one fasts a day before it or a day after it, by analogy with Friday." I say, this is, Glorified is Allah, like correcting the Wise Lawgiver or the Noble Messenger, whom the Lord of the Worlds chose above all the worlds because he was given the summaries of words. So this one who was given the summaries of words said:As-Sunan al-Kubra lil-Nasa'i 13:357. We say, interpreting: "Except in what is obligatory upon you, and except if you add a day before it or a day after it." This is a correction. Glorified is Allah. And we say: If there were no way to reconcile except with this correction, we would say: There is no power and no strength except with Allah. But the way is available. Therefore, people are prohibited absolutely except in the obligatory fast. I, Abu Ma'ad, have an appointment after 'Isha', so if you have...
The questioner : Yes.
The Shaykh : Questions, please provide them.
The questioner : Okay, I rely on Allah. We need to present the guest now, Dr. Sami.
The Shaykh : Give him the right.
The questioner : If there is a question, meaning urgent, if you have a question.
Another questioner : No, the guest has been sitting with the Shaykh for a while. If you have an urgent question, Brother Bahaa, go ahead.
The questioner : We have concluded, our Shaykh, if Allah wills, but in this issue there is a jurisprudential principle.
The Shaykh : Which one?
The questioner : It is that Muhammad ibn Hazm (may Allah have mercy on him) says, when he discusses hadiths related to specific chapters of jurisprudence: "We do not know the abrogating from the abrogated, so we must apply the jurisprudential principles." He mentioned the well-known principle in his view, which he constantly emphasizes, saying regarding this principle: "When we do not know the abrogating from the abrogated, we apply the principle of taking the additional over the original." I believe, to the extent of my knowledge, Shaykh, that this principle is very strong in the case of fasting on Saturday. I have looked at the paper of Shaykh Ali Abu al-Harith and what you have written, Shaykh, in various books about fasting on Saturday.
The Shaykh: Yes.
The questioner : I did not find this principle in its exact wording as transmitted from Ibn Hazm when he says: "We take the additional over the original if we do not know the abrogating from the abrogated." Here, Shaykh, when this principle is applied, we say, if Allah wills, it is very good. Taking the additional over the original: the original legal ruling here, when applied to this issue, is that you may fast any day you wish, and the additional over the original is that you do not fast this specific day.
The Shaykh: Yes.
The questioner : So when this principle is applied, it has a good effect, if Allah wills.
The Shaykh : Does this contradict the principle: "If there is a prohibitor and a permitter, the prohibitor is given precedence over the permitter"?
The questioner : No, no, it does not contradict, Shaykh.
The Shaykh : Well, all roads lead to the mill...
The questioner : So this is the same meaning, Shaykh?
The Shaykh: Yes.
The questioner : So the additional over the original means this now.
The Shaykh : So reverse it now; this is stronger than that. If it were established that the Prophet (peace and blessings be upon him) fasted on Saturday after prohibiting it, what would we do?
The questioner : We give precedence to the prohibitor over the permitter.
The Shaykh : Yes, even though here it is known that the permitter came after the prohibitor. In any case, we ask Allah to guide us to the truth in what people differ upon.
The questioner : O Allah, amen. May Allah bless you, Shaykh.
The Shaykh : May Allah bless you.
The questioner : So can we state the meaning of this principle?
The Shaykh: Yes.
The questioner : But with another meaning.
The Shaykh: Yes.
The questioner : Yes, I warned people today... and mentioned to them the prohibition of Saturday based on the fact that there is a prohibition and an exception and an emphasis. The exception is for the obligatory fast, and the emphasis means... So I said, it is not just a prohibition; it is a prohibition and an emphasis on not fasting except in the obligatory fast, and that a person should not vow to do something... So one of the brothers came to me saying: "My brother, Dr. Muhammad says something different." And yesterday we spoke about Abu Ghazalah, and Abu Ghazalah is one of the well-known Sufis...
The Shaykh : Look, this principle is more important than what I mentioned, although it has its value. Fasting on Monday and fasting on Thursday is, first of all, agreed upon as lawful. But if it coincides with a festival day, is it fasted?
The questioner: No.
The Shaykh : Here that principle does not help, but the principle that the prohibitor is given precedence over the permitter remains.
The questioner: Yes.
The Shaykh : That is why we said, on the occasion of fasting on the Day of 'Arafah, it was a Saturday.
The questioner: Yes.
The Shaykh : Some scholars, as is not hidden from everyone, interpret the prohibition of fasting on Saturday as being specific to fasting it alone. That is what is prohibited. But if one fasts a day before it or a day after it, it is permissible in their view. And a person might be surprised by the Day of 'Arafah falling on a Saturday and fast it. To avoid contradicting the prohibition, even on that weak interpretation in my view, one must fast the day after it. Well, the day after it is a festival day, so what do they do?
The questioner: Yes.
The Shaykh : Therefore, the prohibitor is given precedence over the permitter.
The questioner : Since it is known, Shaykh, that the Day of 'Arafah will be fasted on Friday.
The Shaykh : It is also prohibited to fast it if it is alone, meaning.
The questioner : Regarding its connection.
The Shaykh : Regarding what?
The questioner : Regarding the connection or addition; he fasts Friday and fasts Saturday with it.
The Shaykh : Yes.
The questioner : Yes, meaning he does not fast Sunday because it is a festival day.
The Shaykh : Yes, it is not permissible. But I wanted to say something practical. The general public, due to their disconnection from knowledge, cannot apply the fine details of scientific issues like the one we are discussing. So, by way of blocking the means to harm, not the text of the hadith prohibiting fasting on Saturday except in what is obligatory upon you, we say: Fasting on Saturday is prohibited because people take it as a rule, even if they do not fast a day before it or a day after it. Apply the hadith to its apparent meaning and the only exception that came with it, and nothing else. And I strongly dislike the condition that some of them add, namely: "Except if one fasts a day before it or a day after it, by analogy with Friday." I say, this is, Glorified is Allah, like correcting the Wise Lawgiver or the Noble Messenger, whom the Lord of the Worlds chose above all the worlds because he was given the summaries of words. So this one who was given the summaries of words said:
Do not fast on Saturday except in what is obligatory upon you, and if one of you finds nothing but the bark of a tree, let him chew it.
لا تصوموا يوم السبت إلا فيما افترض عليكم ، ولو لم يَجِدْ أحدكم إلا لحاء شجرة فليمضَغْهThe questioner : Yes.
The Shaykh : Questions, please provide them.
The questioner : Okay, I rely on Allah. We need to present the guest now, Dr. Sami.
The Shaykh : Give him the right.
The questioner : If there is a question, meaning urgent, if you have a question.
Another questioner : No, the guest has been sitting with the Shaykh for a while. If you have an urgent question, Brother Bahaa, go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.