14) Principles Of Hanafi Fiqh
Explanation Of The Ruling Of 
Regarding the fiqhi masa`lah of (The warning is generally applicable and not for the specific occasion), my opinion is that a condition is necessary for the umoom (generality) not to apply further than the import and object of the speaker. The proof of this will be in the following Hadith when Nabi (sallallahu alayhi wasallam) once saw a person fainting whilst on journey, he said,“Fasting on a journey is not amongst the virtuous (acts).” The words in this Hadith are general and will be applicable to all travellers, this is what is understood by some. However, some cases where consent was granted for fasting on a journey appear to conflict this Hadith. Looking at the context, a Mujtahid will rule that Nabi’s (sallallahu alayhi wasallam) intention here is not general. In fact, the condition that this warning will be applicable to that person whose condition renders it such. This is the ruling of the jamhoor (majority). It therefore appears that this is the view of the majority that in this usooli mas`alah, the speaker’s condition of it not being applicable further than the general is taken into consideration, even though they have not mentioned it thus.
I once mentioned this in a lecture, and Moulana Anwar Shah Sahib Kashmeeri (rahmatullah alayh) was also present. After the talk, someone asked Shah Sahib a mas`alah and he said, “Did you not hear just now in the bayaan where he (indicating to Moulana Ashraf Ali Sahib) explained that in this ruling the condition is also applicable.” I was pleased that Shah Sahib did not refute what I said, in fact, he conceded to my view.
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 19th December 2011
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