Ibn Hazm mentioned that when the abrogating and the abrogated are not known, one should apply the rule of taking the addition over the original. Is it possible to rely on this rule to establish
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The Shaykh : What we have concluded regarding fasting on Saturday.
The questioner : We have concluded, may Allah preserve you, if Allah wills, but the important thing in this issue 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 the hadiths related to specific chapters in Islamic jurisprudence, that if we do not know the abrogating and the abrogated, we must apply the principles of jurisprudence. He mentioned the well-known rule among him, which he constantly emphasizes, saying that in this situation, "when the abrogating and the abrogated are not known, we apply the rule of taking the addition over the original." I think, to the best of my knowledge, may Allah preserve you, that this rule would be very strong in the issue of fasting on Saturday. I have looked at the paper of Shaykh Ali Abu al-Harith and what you have written, may Allah preserve you, in various books about fasting on Saturday, and I did not find this rule in its exact wording as it is not transmitted from Ibn Hazm. When he says: we take the addition over the original if we do not know the abrogating from the abrogated, here, may Allah preserve you, this rule, when applied, would be very good, if Allah wills. Taking the addition over the original: the original legal principle here, when applied to this issue, is that the original legal principle is that you may fast any day you wish, and the addition over the original is that you do not fast this specific day. So when this rule is applied, it will have a good effect, if Allah wills.
The Shaykh : And does it contradict the rule that if there is a prohibitor and a permitter, the prohibitor is given precedence over the permitter?
The questioner : No, it does not contradict, my brother.
The Shaykh : So all roads lead to the mill.
The questioner : Is this the same meaning, my brother?
The Shaykh: Yes.
The questioner : So the addition over the original means.
The Shaykh : Because now you have reversed it; this is stronger than that. If it were established that the Prophet (peace and blessings be upon him) fasted on Saturday after he prohibited it, what would we do?
The questioner : We give precedence to the prohibitor over the permitter, yes.
The Shaykh : Even though it is known here that the permitter came after the prohibitor. In any case, we ask Allah to guide us to the truth in what people have differed over.
The questioner : Amen. May Allah bless you, may Allah preserve you.
The Shaykh : May Allah bless you.
The questioner : So we can say that the rule is in the sense of this rule, but with a different concept.
The Shaykh: Yes.
The questioner : Yes, exactly.
Another questioner : I warned the people at that time... Brother Sami, and I mentioned to them the prohibition of Saturday based on the fact that there is a prohibition, an exception, and an emphasis on the exception, except in the obligatory. And the emphasis meansSunan Abi Dawud 2421Sahih (Al-Albani) So I said it is not just a prohibition, but a prohibition and an emphasis on not fasting except in the obligatory, and an emphasis that a person should chew anything. One of the brothers came to me and said, "My brother, Dr. Abu..." He said: "This is not what was said, and yesterday you spoke with me and Abu Ghazal spoke with us... Abu Ghazal is one of the well-known Sufis."
The student : And Hamdi Murad as well.
The Shaykh : Look, this rule is more important than what was transmitted, although it has its value. Fasting on Monday and fasting on Thursday is first agreed upon as being lawful, but if it coincides with a festival day, is it fasted?
The questioner: No.
The Shaykh : Yes, here that rule does not help, but the rule "the prohibitor is given precedence over the permitter" helps. Therefore, we said, on the occasion of the Day of 'Arafah, which was a Saturday, some scholars, as is not hidden from everyone, interpret the prohibition of fasting on Saturday by isolating it. That is what is prohibited. But if one fasts a day before it or a day after it, it is permissible according to them. And a person might be surprised by fasting on the Day of 'Arafah and the day being a Saturday, so he fasts. To get out of contradicting the prohibition, even on that weak interpretation in my view, he must fast the day after it. Well, the day after it is a festival day, what do they do? Therefore, the prohibitor is given precedence over the permitter.
The questioner : And since it is known, may Allah preserve you, that the Day of 'Arafah will be fasted on Friday, since it is known to them that 'Arafah will be fasted on Friday.
The Shaykh : It is also prohibited to fast it, even if it were alone, meaning.
The questioner : Regarding the combination, Shaykh.
The Shaykh : Regarding what?
The questioner : Regarding the combination or addition, he fasts on Friday to fast with it on Saturday, yes. Meaning he does not fast on Sunday because it is a festival day.
The Shaykh : Yes, yes, it is not permissible. But I wanted to say something practical. The general people, due to their turning away 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, we do not follow the text of the hadith in the prohibition of fasting on Saturday except in what is obligatory upon you. We say it is prohibited to fast on Saturday because people will take it as a rule, even if they did not fast a day before it or a day after it. So apply the hadith to its apparent meaning and the only exception that came with it, and nothing else. And therefore, I strongly dislike the condition that some of them add, namely "except if he fasts a day before it or a day after it," by analogy with Friday. I say, Glory be to Allah, this is like correcting the wise poet or the noble Messenger, whom the Lord of the Worlds chose above all the worlds by giving him 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 we are interpreting it as "except in what is obligatory upon you," and if you add a day before it or a day after it, this is a correction, Glory be to 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. I, Abu Ma'ad, have an appointment after 'Isha'. If you have questions, please provide them to us.
The questioner : Okay, rely on Allah. We present the guest now, Dr. Sa'd.
The Shaykh : Give him the right.
The questioner : Unless there is an urgent question... If you have an urgent question, Brother Bahaa, okay.
Please proceed.
The questioner : We have concluded, may Allah preserve you, if Allah wills, but the important thing in this issue 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 the hadiths related to specific chapters in Islamic jurisprudence, that if we do not know the abrogating and the abrogated, we must apply the principles of jurisprudence. He mentioned the well-known rule among him, which he constantly emphasizes, saying that in this situation, "when the abrogating and the abrogated are not known, we apply the rule of taking the addition over the original." I think, to the best of my knowledge, may Allah preserve you, that this rule would be very strong in the issue of fasting on Saturday. I have looked at the paper of Shaykh Ali Abu al-Harith and what you have written, may Allah preserve you, in various books about fasting on Saturday, and I did not find this rule in its exact wording as it is not transmitted from Ibn Hazm. When he says: we take the addition over the original if we do not know the abrogating from the abrogated, here, may Allah preserve you, this rule, when applied, would be very good, if Allah wills. Taking the addition over the original: the original legal principle here, when applied to this issue, is that the original legal principle is that you may fast any day you wish, and the addition over the original is that you do not fast this specific day. So when this rule is applied, it will have a good effect, if Allah wills.
The Shaykh : And does it contradict the rule that if there is a prohibitor and a permitter, the prohibitor is given precedence over the permitter?
The questioner : No, it does not contradict, my brother.
The Shaykh : So all roads lead to the mill.
The questioner : Is this the same meaning, my brother?
The Shaykh: Yes.
The questioner : So the addition over the original means.
The Shaykh : Because now you have reversed it; this is stronger than that. If it were established that the Prophet (peace and blessings be upon him) fasted on Saturday after he prohibited it, what would we do?
The questioner : We give precedence to the prohibitor over the permitter, yes.
The Shaykh : Even though it is known here that the permitter came after the prohibitor. In any case, we ask Allah to guide us to the truth in what people have differed over.
The questioner : Amen. May Allah bless you, may Allah preserve you.
The Shaykh : May Allah bless you.
The questioner : So we can say that the rule is in the sense of this rule, but with a different concept.
The Shaykh: Yes.
The questioner : Yes, exactly.
Another questioner : I warned the people at that time... Brother Sami, and I mentioned to them the prohibition of Saturday based on the fact that there is a prohibition, an exception, and an emphasis on the exception, except in the obligatory. And the emphasis means
Narrated As-Samma' sister of Abdullah ibn Busr: The Prophet (ﷺ) said: Do not fast on Saturday except what has been made obligatory on you; and if one of you can get nothing but a grape skin or a piece of wood from a tree, he should chew it.
لو لم يَجِدْ أحدكم إلا لحاء عنبة فليمضَغْهThe student : And Hamdi Murad as well.
The Shaykh : Look, this rule is more important than what was transmitted, although it has its value. Fasting on Monday and fasting on Thursday is first agreed upon as being lawful, but if it coincides with a festival day, is it fasted?
The questioner: No.
The Shaykh : Yes, here that rule does not help, but the rule "the prohibitor is given precedence over the permitter" helps. Therefore, we said, on the occasion of the Day of 'Arafah, which was a Saturday, some scholars, as is not hidden from everyone, interpret the prohibition of fasting on Saturday by isolating it. That is what is prohibited. But if one fasts a day before it or a day after it, it is permissible according to them. And a person might be surprised by fasting on the Day of 'Arafah and the day being a Saturday, so he fasts. To get out of contradicting the prohibition, even on that weak interpretation in my view, he must fast the day after it. Well, the day after it is a festival day, what do they do? Therefore, the prohibitor is given precedence over the permitter.
The questioner : And since it is known, may Allah preserve you, that the Day of 'Arafah will be fasted on Friday, since it is known to them that 'Arafah will be fasted on Friday.
The Shaykh : It is also prohibited to fast it, even if it were alone, meaning.
The questioner : Regarding the combination, Shaykh.
The Shaykh : Regarding what?
The questioner : Regarding the combination or addition, he fasts on Friday to fast with it on Saturday, yes. Meaning he does not fast on Sunday because it is a festival day.
The Shaykh : Yes, yes, it is not permissible. But I wanted to say something practical. The general people, due to their turning away 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, we do not follow the text of the hadith in the prohibition of fasting on Saturday except in what is obligatory upon you. We say it is prohibited to fast on Saturday because people will take it as a rule, even if they did not fast a day before it or a day after it. So apply the hadith to its apparent meaning and the only exception that came with it, and nothing else. And therefore, I strongly dislike the condition that some of them add, namely "except if he fasts a day before it or a day after it," by analogy with Friday. I say, Glory be to Allah, this is like correcting the wise poet or the noble Messenger, whom the Lord of the Worlds chose above all the worlds by giving him 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 to chew except 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 : Okay, rely on Allah. We present the guest now, Dr. Sa'd.
The Shaykh : Give him the right.
The questioner : Unless there is an urgent question... If you have an urgent question, Brother Bahaa, okay.
Please proceed.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
