
The prophet ﷺ is a legislator within the religion
The specific relevant content for this request, if necessary, delimited with characters: The actions of the Legislator (the Prophet ﷺ ) are either in the manner just as of acts of worship and obedience, or not. If they are in the manner of acts of worship and obedience and there is evidence indicating it being particular to him then it is interpreted as being particular [to him]. For example, his marrying more than four women. If no evidence indicates this that it is particular to him], then the action is not particular to him, because of the Quranic verse
The content provided discusses the interpretation of the actions of the Legislator, which refers to the Prophet. It explains that the actions can be considered as acts of worship and obedience or not. If there is evidence that an action is particular to the Prophet, such as his marrying more than four women, then it is interpreted as being particular to him. However, if there is no evidence indicating this, then the action is not considered particular to him, as mentioned in the Quranic verse. This interpretation provides insight into the contextual understanding of the Prophet’s actions within the framework of worship and obedience.
Imam Hattab begins
Imam Juwayni says “The actions of the prophet are not empty (meaningless) either to draw closer to Allah or to obey him” Imam Hattab adds “seek closeness to Allah and to obey him is one thing” obedience to God is same as seeking closeness to him this is emphasized by all the masters of tassawuf that obedience is the way to draw near to him and you do so by following the shariah. There is no tariqa or haqqia without shariah, shariah, tariqa, haqqia, without these things you cannot have vision or visions or experiences except by divine grace or by sincerely following the shariah. Allah can choose to give grace to whoever Allah wants although they do not deserve it but to draw close to Allah is to obey his laws. It was in seeking close to Allah and obedience to him and if there is evidence that there are thing exclusive to the prophet whether extended fast etc. The prophet had things which were specific to him, the prophets’ actions and statements are a proof for us but he did things which are only for him to do but generally we follow what he does. The prophet would fast and pray more than anyone else he would state in a single unit of prayer more than anyone else the prophets’ companions would want to copy him he would say “I am not built like you” this hadith is agreed upon. The significance of this is that his actions are applicable to us but there are some exceptions, the prophet essential Is saying a phrase similar to our own modern terms
Recap the actions of the prophet is always relevant and meaningful while some of his actions are exclusive to him. Surah azab verse 21, “If there is no daleel evidence proof that the action is specific to the prophet because Allah said in surah azab the rasool is for you a good role model (example) Qudwa saliha.” Since the prophet is our role model his actions are default taken by us and we follow his example unless Allah clarifies that it is for him (the prophet) alone. The prophet yusuf was a model and example for his brothers likewise the prophet is an example to his flock what is not specified is for the entire ummah Anything the prophet does it will be obligatory or recommended and that is clear says Imam Hattab (The prophet also did things which were mubah). Imam Juwaynis says that some scholars say that anything the prophet does is wajib for the prophet and for us because this is the safest position. The prophet did not specify the categorization of each action but we ere on the safe side by taking it all as wajib or mubah Imam Malik and most of his followers took this view being that we are Maliki this is important. There is a hadith in which the people were eating a lizard and the prophet refused to eat it and the Muslims assumed that it was Haram but the prophet said it is not he just doesn’t want to eat it. Imam juwani says (referring to shafi’ scholars most likely as he is shafi’i) “some make it their default assumption about the prophets’ actions that it is recommended as opposed to obligatory” we can understand this view point as well as the prophet would have made it clear to us as the consequence of not doing wajib act would constitute sin upon the refuser. If the actions of the prophet were not to draw closer to Allah or in obedience such as standing up or sitting down then these are Mubah for him and for us this is the root (usl) understanding of actions (actions are mubah until proven otherwise) most of our daily lives consist of Mubah while the prophet was completely was devoted to propagating Islam far more than his followers. As for the attribute of the action some of the Malikis have said it carries the ruling of recommendation and in support of that they narrate much of what the salaf has said regarding it. Stuff that is clearly Mubah such as thing other than drawing nearer to Allah is recommendation and there is other who say the default of even these things are mubah. There is alot of debate in the days of old is the action of the prophet wajib or recommended or mubah. What Imam hattab is saying to end off this section is that we all know the prophet did many things indicate for the 3 categories of rulings (he did acts from all 3) but forsure he never did anything that is haram as he is infallible in religion nor did he do a thing which is makruh (due to his immense stature) nor anything doubtful (slightly less desirable act). The haram the Makruh these things rarely happen from the best of the nation of Mohammed how much so from the best of them all the nabi and that is how Imam Hattab ends off this section (this is what he means in simple terms). Imam Hattab does not seem to suggest that there is a definitive view that he took he suggest that its on a case-by-case basis as the prophet did things from all 3 categories Obligatory, recommended and neutral.
The approval of the prophet (peace be upon him)
Iqrar al shariah tacit approval or suqoot (silence) like the silence of a virgin is consent in many classical viewpoints. If someone makes a statement in the presence of the prophet and he says nothing (in contradiction or disapproval) then that is like the statement of the prophet himself because the prophet would speak out against something that he did not approve of. The prophet approved when Abu bakr the goods of a person killed by the Muslims to the Muslims who killed him (in battle) in this case its not a statement but an action that the prophet did not dispute and allowed to take place. Likewise, an action done in the presence of the prophet which he does not contradict an example of this is when the prophet saw Khaled bin waleed eating a certain type of lizard called Dhab (which I mentioned earlier) which proves this animal is valid, the lizard mentioned is the uromastyx lizard which is found in the middle east and north Africa and as you can guess the Maliki surely have no issue with eating this as the Maliki madhab as the dietary laws are relaxing.
tacit approval of the prophet
Qala Musanaf something that the prophet heard about that did not occur in his presence but he heard about it but did not correct it his tactici approval can be given even in such a case, in example of something that happened not in the presence of the prophet he hears and did not condemn it, when Abu bakr swore that he would not eat food in a state of anger but he did eat food (Found in bukhari). Abu bakr had guest coming over to his house and he was busy with something so he asked his son to serve them food he brought them food he came back and he said they did not eat it they requested they won’t eat unless Abu bakr are with them. Abu bakr was angry and made the oath in a moment of anger saying he won’t eat while angry when he calmed down, he ate the food she said the oath was made under duress. Breaking oaths are not allowed but when the prophet heard of it the prophet did not rebuke him which is tacticit approval. Abu bakr broke his oath to reconcile the issue he had with his guest which is allowed in Islam one of the few cases in which you can tell lies or say which is not true is to recognize between the Muslims.

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