The Difference Between Hadith Scholars and Jurists in Dividing the Sunnah into Confirmed and Non-Confirmed

The Shaykh : The major difference between hadith scholars and jurists regarding this question is simply that hadith scholars know the texts related to such sunnahs, whether they are called confirmed sunnahs, recommended, or encouraged. They know these hadiths, and their knowledge of them serves as a motivation for them to act upon these sunnahs, regardless of these details. This is because, first, these details and these classifications are technical terms, and second: there may be significant ijtihad (independent legal reasoning) among scholars, even among hadith scholars, in classifying a sunnah that is a nafilah (voluntary prayer). Is this confirmed sunnah, for example, a restricted nafilah or an absolute nafilah? This is one of the issues where disagreement may arise. Therefore, the important thing is not to present to the general public that this sunnah is confirmed, this one is recommended, and this one is encouraged, because these precise technical differences are very difficult to support with clear and evident evidence. The important thing is to present to them the texts spoken by the Messenger (peace be upon him) regarding these sunnahs, regardless of their names, such as "confirmed." For example, jurists, and those who do not contradict the others, say that the confirmed sunnah is what the Messenger (peace be upon him) was consistent in performing. Some may say... and they define the recommended sunnah as the opposite of that, meaning what he did less than he left. This is the recommended sunnah, and the encouraged sunnah may be something the Messenger (peace be upon him) did not do but encouraged people to do. However, this is not a fixed rule. The correct view is that this is not a fixed rule, because, for example, we may find matters that we elevate to the level of not just encouraged acts, but confirmed sunnahs, or perhaps even obligations, but we do not have actual evidence from the Messenger (peace be upon him) that he was consistent in doing so. For example, the greeting of the mosque, the greeting of the mosque... there is disagreement. Some say it is a sunnah, and some say it is obligatory. The first opinion is the most well-known among scholars, but they have no evidence for their claim that it is only a sunnah other than that the Messenger (peace be upon him) did it when he entered the mosque. However, they overlook, through ijtihad... that there are commands issued by the Messenger (peace be upon him), and more... that this is not befitting... what they call confirmed sunnahs, which are defined as those for which the doer is rewarded and the leaver is not punished... In "al-Sahihayn" (the two authentic collections): "The Prophet (peace and blessings be upon him) was sitting with some of his Companions around him... Abu Qatadah al-Ansari, then he, Abu Qatadah, entered..." But... from that... where it is said: "Sulayk al-Ghatafani entered on Friday while the Messenger of Allah (peace and blessings be upon him) was delivering the sermon to the people. He said: . He said: No. He said: , then he said , and the scholars agree, in my knowledge, that enjoining good and forbidding evil, which are obligatory, are dropped when the imam is delivering the sermon. So it is clear that the jurist here truly perceives that enjoining good and forbidding evil are dropped from the Muslim because of the cause that the imam is delivering the sermon, and that he should devote his mind and hearing to this imam. And yet, he tells the one entering: Do not sit unless you pray two rak'ahs. That is, the wise Lawgiver commands you not to listen to the sermon... because... to tell someone you see talking, "Hush, be quiet." So this elevates the status of these two rak'ahs. These are cases where the obligation is dropped, not the sunnah... The point is that this terminology, first, is a later term. Our righteous predecessors did not know this. Why? Because they directly took from the Messenger (peace be upon him), and even the Tabi'un (the generation after the Companions) took from those who took from the Messenger. The Messenger of Allah said so, the Messenger of Allah did so, and one of them would proceed. Then, when the circle of knowledge expanded, scholars saw that for the sake of facilitating knowledge and jurisprudence, they found in... that knowledge... the distinction between the fard (obligatory) and the sunnah, between the... they do not differ except... So what saves us from that is to remind people of the sayings and actions of the Messenger (peace be upon him) rather than the terms that scholars agreed upon, for two reasons: first, that these terms cannot be precisely controlled and distinguished, and the second reason is that this jurisprudential term is a science without spirit, meaning like the study of law, where one studies law to know rulings... and so on. Similarly, jurisprudence regarding worship... rulings... the Messenger of Allah, because these are the motivations and drivers that push the student of knowledge to act upon what he reads. But in this way, the motivation... the pillars of prayer, such and such, and the obligations of prayer, such and such... but he does not hear a verse, he does not hear a hadith. Therefore, you find these recipients... not only among... they do not have... meaning enthusiasm... or what is called... spirituality is very little. This is the summary of the speech, and it has been long... for us to convey the Sunnah to people in word and deed, for that is better than conveying to them the terms that some scholars agreed upon. This is for the general people. As for the specialists among...