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Pertaining to the qa'ida "indifference until the proof indicates prohibition"

Q:
[Concerning the quote at the] following link: 
https://www.livingislam.org/k/op_e.html :

"In actuality, the proof behind the rule (qa`ida) that "The basis 
in things is indifference until the proof indicates prohibition" is a 
 hadith whose context was unquestionably about worship, namely: 
Should we perform pilgrimage every year? When the questioner kept asking, 
 the Prophet, upon him blessings and peace, replied: "Whatever Allah 
 Most High made halal it is halal, and whatever He made haram is 
 haram, and whatever He was silent about, it is a boon (`afwun), so 
 accept from Allah the boon He is giving you, for Allah certainly is 
 not going to forget anything."

[What is] the takhrij of the context being in Hajj?


A:
May Allah Most High bless you and yours also.

Thank you for pointing this out. I also could not find a reference to 
the context that I gave. The correct hadith in the context of the 
question whether Hajj is due every year is not the one I initially 
gave but rather: "Leave me as long as I leave you. Those before you 
perished because they asked too many questions." Muslim, al-Nasa'i, 
al-Tirmidhi, Ibn Majah and Ahmad from Abu Hurayra.

As for the specific context of the hadith of `afw, it is the 
consumption of or abstention from certain meats such as that of the 
frog (difda`), hedgehog (qunfudh), cheese and others - not worship.

The nearest I saw to a contextualization of the latter hadith with 
Hajj was in Ibn `Abd al-Barr's Istidhkar (4:241) where he uses the 
hadith of `afw in relation to the indifference of riding on top of a 
sacrificial animal in pilgrimage.

Important also in this context is the hadith from Abu Tha`laba al-
Khushani Jurthum ibn Nashir radya Allahu `anh, that the Messenger of 
Allah salla Allahu `alayhi wa-Sallama said: "Truly Allah Most High 
has imposed certain categorical obligations (inna Allaha farada 
fara'id), so do not lose them; He has put up certain absolute limits 
(wa-hadda hududan) so do not trespass them; He has imposed certain 
categorical prohibitions (wa-harrama ashya'a) so do not violate them; 
and He stayed silent concerning certain things as a mercy to you, not 
out of forgetfulness, so do not search them out." Ibn Rajab said in 
Jami` al-`Ulum wal-Hikam (Arna'ut ed. p. 275): "A fair hadith 
narrated by al-Daraqutni and others."


gibril
2008-06-29