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 Post subject: Did the Sunna abrogate 4:101?
PostPosted: 14 Aug 2010, 14:44 
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Al-Khazraji, in his book نفس الصباح في غريب القرآن وناسخه ومنسوخه, volume 1, pages 291-292, states that

was abrogated by the practice of the Prophet (PBUH) in that he did make his prayers shorter while traveling even when there was no cause for fear of enemy attack.

This case sounds meritorious and I'm surprised that no scholars other than An-Nahhaas, Makki and Al-Khazraji addressed it. Here we have a specificity that was turned into generality. But that's not abrogation, rather adding more coverage. See our validation rule #11. If it were a case of abrogation, An-Nahhaas and Makki argued, then shortening the prayer at fear time would no longer be allowed. In other words, the command was extended to all travel, whether in fear or in safety.

Indeed, abrogation cannot be claimed if the abrogated is not annulled.

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 Post subject: Who said what
PostPosted: 14 Aug 2010, 14:49 
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For:
Al-Khazraji,
Abu-Bakr Al-Hamdaani (implied, in his book الاعتبار في الناسخ والمنسوخ من الآثار, page 24),
Abush-Shaykh Al-Haafizh (quoted by Al-Hamdaani).

Against:
An-Nahhaas (quoted by Dr. Zayd),
Makki,
Dr. Mustafa Zayd.

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 Post subject: Re: Did the Sunna abrogate 4:101?
PostPosted: 03 Dec 2010, 19:28 
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Dr. Mustafa Zayd rejects this claim in his book النسخ في القرآن الكريم, volume 2, pages 200-201 (items 1012-1013). He does so on the basis of no contradiction and quotes Abu-Ja`far An-Nahhaas, who said that 4:101 does not address other situations when shortening the prayer may be allowed, so how can the Sunna that allows it in the case of travel possibly abrogate 4:101?

An-Nahhaas quotes a narration where Umar (RA) was asked, "Fear is no longer, so how come we short the prayers?" He replied, "I wondered the same thing and I asked the Messenger of God, peace be upon him, and he replied, "A giveaway God gave you, so take it!" An-Nahhaas noted the the Prophet (PBUH) did not say 4:101 was abrogated. Instead, he explained the license. An-Nahhaas asserts that this is the consensus of scholars.

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 Post subject: Re: Did the Sunna abrogate 4:101?
PostPosted: 21 Feb 2011, 07:52 
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Was the license of 4:101 annulled by the Sunna? No, it wasn't. The Sunna added other licenses, but did not take away the license of in 4:101. You can call that many things, but abrogation is not one of them.

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 Post subject: Re: Did the Sunna abrogate 4:101?
PostPosted: 04 May 2014, 02:42 
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Pragmatic wrote:
The Sunna added other licenses, but did not take away the license of in 4:101. You can call that many things, but abrogation is not one of them.

What it is called in the jurisprudence books is خاص أريد به العموم (a specificity meant for generality). What they mean by that is that the specificity is meant as an example contingency, not as the sole contingency. Thus, we are allowed to shorten the prayer whenever there is a good reason to do so, e.g., fear of enemy attack, exhausting travel, etc.

In a similar light, one can understand the hadeeth where the Prophet (PBUH) has advised that one may make up for a missed prayer, because he overslept or forgot, by praying it when he wakes up or remembers. These are two example contingencies, IMHO, for making up for missed prayers. They are not an exhaustive list. Those who get that, such as the late Sheikh Shaarawi, may God bless his soul, have ruled that missed prayers, for any reason - including deliberate neglect, may be made up for later. Those who don't understand it that way, have ruled that there is no way to make up for missed prayers!

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