BENEFIT 363: The difference between ضرورة and حاجة in terms of permitting prohibited acts

Read this first: [https://t.me/almanhajussalafi/99] Sheikh Sa'd Ash-Shithri ḥafidhahullāh states: "Necessity (الضرورة) permits prohibited acts unrestrictedly [i.e. once all the required conditions are met], whereas need (الحاجة) does not make the prohibited permissible unless accompanied by evidence. Therefore, the claim that: "الحاجة تنزل منزلة الضرورة" (Iحاجة is treated as ضرورة) is not valid based on the previously mentioned criterion." [end quote] Source: https://t.me/almanhajussalafi/1416 He also stated: "A حاجة does not make a prohibited act permissible unless there is evidence—either textual(1) or analogical(2)—demonstrating that the prohibition is lifted due to that حاجة. If no such evidence exists, the default ruling remains that it is prohibited." [end quote] __ (1) An example of textual evidence (دليل نصي) is the permissibility indicated in the authentic Sunnah of a suitor looking at his prospective bride. This is not considered a ضرورة (necessity) but rather a حاجة (need). (2) An example of analogical evidence (دليل قياسي) is the permissibility of looking at a woman's face when testifying about her in a legal matter. This is allowed only to the extent necessary for identification. _____ Moreover, Ibn Al-Qayyim rahimahullah said: «ما حُرِّم سدا للذريعة أبيح للمصلحة الراجحة» "That which is prohibited as a preventive measure may be permitted when there is an overriding benefit. For example, the sale of ‘Arāyā was allowed despite involving usurious excess (Ribā Al-Faḍhl); certain prayers are permitted after Fajr and ’Aṣr if they have a specific cause (ذوات الأسباب); and looking, which is generally forbidden, is permitted for a suitor, a witness, a doctor, and a business partner when necessary. Similarly, gold and silk were prohibited for men to prevent imitation of women—an act that incurs a curse—yet their use is permitted when there is a legitimate need." [I’lām Al-Muwaqqi’een (2/161)] Similarly, Sheikh Ibn ‘Uthaymeen raḥimahullāh said: «ما كان تحريمه تحريم وسيلة، فإنه يجوز عند الحاجة». "If something is prohibited as a means (وسيلة), it becomes permissible when there is a need." [Mandhūmah Usūl Al-Fiqh, p. 67]