Do we restrict ijtihad-based qiyas to dire necessity?
Machine translationRead the Arabic original
The questioner : ... So know that the qiyas that is applied is that for which a text has specified its operative cause, and in which it is certain that there is no distinguishing factor, meaning it is based on this...
The Shaykh: Yes.
The questioner : As for ijtihad-based qiyas, where the Lawgiver has not specified its operative cause, what is your opinion on it?
The Shaykh : Al-Shawkani’s statement is certainly correct, but I fear that there may be a broader scope if we restrict the matter to the words of Imam al-Shafi'i.
The questioner : Is Imam al-Shafi'i’s statement broader?
The Shaykh: Yes.
The questioner : But my intention is, do we restrict ijtihad-based qiyas to dire necessity?
The Shaykh : Ijtihad-based qiyas, yes, to dire necessity. What al-Shawkani mentioned is correct.
The student: Yes.
The Shaykh : There is no problem with it.
The student: Yes.
The Shaykh : But in my mind, the matter that al-Shafi'i indicated may be broader.
The questioner : It is broader, yes.
The Shaykh: Yes.
The questioner : And the chapter of dire necessity, Shaykh, do we restrict it to newly invented matters?
The Shaykh : Yes, it is the same.
The questioner: Yes.
The Shaykh : It is so, regarding newly occurring matters.
The questioner : Yes, but what are the matters that became widespread in the early period of the Prophetic mission and the days of the Companions that we do not include?
The Shaykh : Absolutely not.
The questioner : They remain on the original ruling.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : And you too, my brother.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : We hope to see you soon.
The Shaykh : May Allah bless you. Perhaps you may find time in your schedule to visit us so that we can see you and enjoy your presence.
The questioner : May Allah honor you. Perhaps... if Allah wills, there is no harm at the airport...?
The Shaykh : By Allah, this is something I do not know at all.
The questioner : Yes, generally, if Allah wills, with Allah’s permission...
The Shaykh : Yes, may Allah reward you. We will be honored by you, if Allah wills.
The questioner : May Allah reward you.
The Shaykh : And welcome. Perhaps we will remember those gatherings we used to sit in with you, especially those that took place in your home, which will be repeated, if Allah wills, by your coming to your home.
The questioner : ... .
The Shaykh : May Allah preserve you.
The questioner : ... .
The Shaykh: Allahu Akbar.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : Expansion, yes.
The questioner : ... .
The Shaykh : Yes, unfortunately, this expansion exists in all schools of jurisprudence except in the statement of Imam al-Shafi'i, for I found him to be just. In any case, O Professor, as you know, the followers of taqlid do not benefit from the clear words of Allah or the clear words of the Messenger of Allah. So what concerns you is their qiyas, because if the mujtahid imam performed qiyas, he is not binding on another mujtahid, so what about these followers of taqlid who do not submit to what Allah said or what the Messenger of Allah said? So turn away from them.
The questioner : ... .
The Shaykh : Allahu Akbar, this is qiyas.
The questioner : ... .
The Shaykh : Allah is the Greatest, Allah is the Greatest.
The questioner : ... .
The Shaykh : Correct, praise be to Allah who has spared us from these people.
The questioner : ... .
The Shaykh : Or do you mean the opposite? Or do you mean the opposite?
The questioner: Yes.
The Shaykh : Perhaps you mean the opposite. May Allah bless you.
The questioner : ... .
The Shaykh : Yes.
The Shaykh: Yes.
The questioner : As for ijtihad-based qiyas, where the Lawgiver has not specified its operative cause, what is your opinion on it?
The Shaykh : Al-Shawkani’s statement is certainly correct, but I fear that there may be a broader scope if we restrict the matter to the words of Imam al-Shafi'i.
The questioner : Is Imam al-Shafi'i’s statement broader?
The Shaykh: Yes.
The questioner : But my intention is, do we restrict ijtihad-based qiyas to dire necessity?
The Shaykh : Ijtihad-based qiyas, yes, to dire necessity. What al-Shawkani mentioned is correct.
The student: Yes.
The Shaykh : There is no problem with it.
The student: Yes.
The Shaykh : But in my mind, the matter that al-Shafi'i indicated may be broader.
The questioner : It is broader, yes.
The Shaykh: Yes.
The questioner : And the chapter of dire necessity, Shaykh, do we restrict it to newly invented matters?
The Shaykh : Yes, it is the same.
The questioner: Yes.
The Shaykh : It is so, regarding newly occurring matters.
The questioner : Yes, but what are the matters that became widespread in the early period of the Prophetic mission and the days of the Companions that we do not include?
The Shaykh : Absolutely not.
The questioner : They remain on the original ruling.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : And you too, my brother.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : We hope to see you soon.
The Shaykh : May Allah bless you. Perhaps you may find time in your schedule to visit us so that we can see you and enjoy your presence.
The questioner : May Allah honor you. Perhaps... if Allah wills, there is no harm at the airport...?
The Shaykh : By Allah, this is something I do not know at all.
The questioner : Yes, generally, if Allah wills, with Allah’s permission...
The Shaykh : Yes, may Allah reward you. We will be honored by you, if Allah wills.
The questioner : May Allah reward you.
The Shaykh : And welcome. Perhaps we will remember those gatherings we used to sit in with you, especially those that took place in your home, which will be repeated, if Allah wills, by your coming to your home.
The questioner : ... .
The Shaykh : May Allah preserve you.
The questioner : ... .
The Shaykh: Allahu Akbar.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh : Expansion, yes.
The questioner : ... .
The Shaykh : Yes, unfortunately, this expansion exists in all schools of jurisprudence except in the statement of Imam al-Shafi'i, for I found him to be just. In any case, O Professor, as you know, the followers of taqlid do not benefit from the clear words of Allah or the clear words of the Messenger of Allah. So what concerns you is their qiyas, because if the mujtahid imam performed qiyas, he is not binding on another mujtahid, so what about these followers of taqlid who do not submit to what Allah said or what the Messenger of Allah said? So turn away from them.
The questioner : ... .
The Shaykh : Allahu Akbar, this is qiyas.
The questioner : ... .
The Shaykh : Allah is the Greatest, Allah is the Greatest.
The questioner : ... .
The Shaykh : Correct, praise be to Allah who has spared us from these people.
The questioner : ... .
The Shaykh : Or do you mean the opposite? Or do you mean the opposite?
The questioner: Yes.
The Shaykh : Perhaps you mean the opposite. May Allah bless you.
The questioner : ... .
The Shaykh : Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.