Explain the differences between variational differences and contradictory differences using in your explanation at least 3 examples.
Answer
…The contradictory differences are totally opposite rulings which can not logically be simultaneously correct…(while) the variational differences are conflicting ruling which are logically acceptable variations which can coexist…[1]
Variational differences (Ikhtilaaf at-tanawwu):
Example 1: Various Qira’a of Companions during the lifetime of Prophet صل الله عليه وسلم. Abdullah Ibn Mas’ood said: “I heard a person reciting a particular verse different to the way that I had heard the Prophet صل الله عليه وسلم recite it. So I took him by the hand and brought him to the Prophet صل الله عليه وسلم and I mentioned this to him. I recognised signs of displeasure upon his face and he said: ‘Both are correct, so do not differ. Indeed, those who came before you differed, and so were destroyed.”[2] [3]
Example 2: Different ways of Adhan. (3 ways)
- Four Takbeer at the beginning and say the rest of the phrases twice without repetition, except fot the last statement of la ilaha illallah. So, the adhan would be made up of fifteen phrases…[4]
- Four Takbeer and then repeat ash hadu an la ilaha illallah twice and ash hadu anna Muhammad ar Rasoollallah twice, in a low voice then repeat them again in a louder voice. Abu Mahdhura reported that the Prophet صل الله عليه وسلم taught him an adhan consisting of nineteen phrases. This hadith is related by “the Five”. At Tirmidhi called it hasan sahih.
- Two takbir and repeat the “statement of witness,” making the number of phrases seventeen. Muslim records that Abu Mahdhurah related that the Prophet صل الله عليه وسلم taught him the following adhan: Allahu Akbar, Allahu Akbar, Ashhadu alla ilaha illal-lah, ashhadu alla ilaha illallah. Ashhadu anna Muhammad ar Rasool-lal-lah, ashhadu anna Muhammad ar –Rasoool-lal-lah. Then repeat ashhadu alla ilaha illallah (twice), ashhadu anna Muhammad ar Rasool-lal-lah (twice), hayya ‘alas-salah (twice), hayya ‘alal falah (twice). Allahu Akbar, Allahu Akbar, La ilaha illallah.[5]
Example 3: Three ways to perform Iqamah
- Saying the first takbir four times and everything else twice, with the exception of the last statement of la ilaha illallah. Abu Mahdhura said that the Prophet صل الله عليه وسلم taught him the iqamah consisting of seventeen phrases: Allahu Akbar (4 times), ashhadu alla ilaha illallah (twice), ashhadu anna Muhammad ar –Rasoool-lal-lah (twice), hayya ‘alas-salah (twice), hayya ‘alal falah (twice), qad qaamatis-salah (twice). Allahu Akbar, Allahu Akbar, La ilaha illallah. This is related by “the five”. At Tirmidhi grades it sahih.
- To say the beginning and ending takbir, and the phrase qad qaamatis-salah (twice). Everything else is to be said once, making eleven phrases. This is based on the preceding hadith of ‘Abdullah ibn Zaid: “When you stand for prayer, say “Allahu Akbar, Allahu Akbar. Ashhadu alla ilaha illal-lah, . Ashhadu anna Muhammad ar Rasool-lal-lah. Hayya ‘alas-salah, ), hayya ‘alal falah. Qad qaamatis-salah qad qaamatis-salah. Allahu Akbar, Allahu Akbar. La ilaha illallah."
- The same as in the preceeding, but Qad qaamatus salah is said only once, making a total of ten phrases. Imam Malik chose this way, becaouse he found the people of Madinah performing it this. But says Ibn al Qayyim, “It is not proven that the Messenger of Allaah صل الله عليه وسلم ever said ‘Qad qaamatus salah’ only once. “Ibn ‘Abdul Barr is of the view, “In every case, it is said twice.”[6]
Contradictory differences (Ikhtilaaf Tadaad):
Difference by contradiction arises when two contradictory statements are made on an issue, whether concerning principles or details. According to the majority opinion, in such cases only one view can be correct, and since different views contradict each other, the issue becomes serious. Example is in which one Madh-hab defines something as halal and another defines it as haram.[7]
Example 1: Touching a woman after wudu’
“Touching a woman with sexual desire”: The opinion preferred here by the author is just one of the three opinions that exist on this issue. The second view holds that touching a woman nullifies one’s wudoo absolutely without exception. The third view states that touching a woman does not break one’s wudoo in the absolute sense, regardless of whether it is done with sexual desire or not, so long as nothing is emitted (i.e. ejaculation) with desire. This (last) opinion is the most correct of all the opinions because of the lack of there being any authentic texts that indicate that this nullifies the wudoo.[8]
Example 2: Performing wudu’ after eating camel’s meat
…two people attend a waleemah (wedding feast) in which camel meat is served. After eating, both stand for prayer, but one of them performs wudoo’while the other does not…the one who makes wudoo’ believes that it is something waajib after eating camel meat, while the other who does not is of the opinion that it is not. There is a serious difference of opinion here, because the one who is of the opinion that wudoo’ is waajib after eating camel meat believes that if he prayed without wudoo’ his prayer would be invalid. So indeed this matter is dangerous…it means that in actuality his prayer is not valid.[9]
Example 3: Pronouning 3 divorces in one sitting.
A man pronounces divorce upon his wife three times in one sitting. He say, “You are divorced, you are divorced, you are divorced.” The majority of Ulamaa’ hold the opinion that this is counted as the final divorce, and she can not be his lawful wife unless she remarries another person. So if the first husband who divorced her were to marry her again without her marrying another first, then their nikah would be invalid. Other scholars hold the opinion that this is divorce is counted as one divorce, and the husband can take her back without a new marriage contract as long as she is in her ‘iddah, or by recontracting the marriage if her ‘iddah has come to an end. So if a man were to follow this opinion, his having intercourse with her acording to the first opinion would be regarded as zinaa, because he had intercourse with someone not permissible for him. But according to the opinion which he follows, the ruling is different. She would be his lawful wife, without any sin upon him.[10][1] Evolution of Fiqh. Dr Bilal Philips. Pg. 182
[2] Understanding The Etiquettes of Differing. Saalim ibn Saalih al-Marfadee. Pg. 32.
[3] Bukhari 2410.
[4] Fiqhus Sunnah pg. 97
[5] Fiqhus Sunnah pg. 98
[6] Fiqhus Sunnah pg. 99.
[7] The evolution of Fiqh. Dr Bilal Philips pg. 182
[8] The Things that Nullify Wudoo. Shaikh 'Abdul-Muhsin Al-'Abbaad. His explanation of Shuroot as-Salaat of Imaam Ibn 'Abdil-Wahhaab. Al-Ibaanah.com
[9] Until When Will We Differ. Shaykh Muhammad Ibn Saalih al ‘Uthaimeen pg. 23-24.
[10] Ibid. pg. 24-25.
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