I just wanted to clarify the principle we took today: “A command that appears after a prohibition returns a matter to its original ruling before that [prohibition]”.

Some of the scholars have mentioned that a command in this case actually indicates permissibility. So they said: “A command that appears after a prohibition indicates permissibility”.

This was the opinion of ash-Shafi’ee, Ibn ul-Qattan, al-Amaadi and others (may Allah have mercy upon them).

However, what is more correct is that a command that appears after a prohibition returns a matter to its initial ruling before the prohibition.

This means that if something is made prohibited due to a prohibition then afterwards this same thing is commanded, then this command makes this thing return to its previous ruling before the prohibition occurred. As we learned earlier, a command indicates an obligation. However in this case, a command that appears after a prohibition does not make a matter an obligation. Rather, it returns that matter to its original ruling before the prohibition was made.

This was the view of Imam al-Muzani, Imam az-Zarkhashi, Shaikh as-Sa’adi, Shaikh Bin Baz, Shaikh Ibn ul-‘Uthaymeen, Hafidh Ibn Kathir, Shaikh ash-Shinqeeti, and others (may Allah have mercy upon them).

Hafidh Ibn Rajab (may Allah have mercy upon him) said: “A command that appears after a prohibition returns the matter to what it was upon [before that] according to many jurists” [Fathul-Baari (2/69)]

Hafidh Ibn Kathir (may Allah have mercy upon him) said: “Although this ayah contains a command that takes effect after the end of a state of prohibition (during Ihram in this case), the ayah in fact brings back the ruling that was previously in effect. If the previous ruling was an obligation, the new command will uphold that obligation, and such is the case with recommended and permissible matters. There are many ayat that deny that the ruling in such cases is always an obligation. Such is also the case against those who say that it is always merely allowed. What we mentioned here is the correct opinion that employs the available evidence, and Allah knows best” End translation. [Tafsir Ibn Kathir – English Translation (3/80) under the Tafsir of Surah Maidah, Ayah 2]

Allah says:

“O you who believe (Muslims)! When the call is proclaimed for the Salat (prayer) on the day of Friday (Jumu’ah prayer), come to the remembrance of Allah [Jumu’ah religious talk (Khutbah) and Salat (prayer)] and leave off business (and every other thing), that is better for you if you did but know!”

[62:9]

And then Allah says:

“Then when the (Jumu’ah) Salat (prayer) is finished, you may disperse through the land, and seek the Bounty of Allah (by working, etc.), and remember Allah much, that you may be successful”

[62:10]

Shaikh Muhammad bin Hizaam (may Allah preserve him) wrote: “They were commanded to attend the Jumu’ah prayer and it was prohibited for them to remain in the markets and to not attend Jumu’ah. So when the prayer ended, it was permissible for them to disperse in the land [and seek the bounty of Allah]” End translation. [al-Fawaaid wat-Tawdeehaat ‘al Mandhoomah Tasheel at-Turuqaat (pg 135)]

This example was also given by many scholars.

Mentioned by

Faisal Ibn Abdul Qaadir Ibn Hassan
Abu Sulaymaan