BENEFIT 171: How to identify Sunnah Tarkiyyah

Ash-Shāṭibi [Abū Muḥammad Al-Qāsim ibn Fiyurrah - died 590 H] raḥimahullāh said: "The silence of the Lawgiver (الشارع) regarding a ruling on a particular issue, or leaving an affair unaddressed, can be understood in two ways: The first way: The silence or omission occurs because there is no cause that necessitates it, no reason established for it, and no event that prompts its authorisation; such as the new occurrences that arose after the death of the Prophet ﷺ. These were not present during his time, and thus there was no silence about them while they existed; rather, they emerged later. Hence, the people of the Shariah (i.e the scholars) needed to examine them and apply them according to the general principles that completed the religion. To this category belong all matters considered by the righteous predecessors, which were not specifically detailed by the Messenger of Allah ﷺ but whose rationale is understood; such as the liability of craftsmen...the compilation of the mus-ḥaf, and the codification of laws, and similar matters which did not require explicit rulings during his time... The second way: The Lawgiver remains silent on a specific ruling or leaves a certain matter unaddressed, despite the presence of a reason necessitating it during the time of revelation and thereafter. Yet, no additional specific ruling was established beyond what was already determined at that time. Silence in this instance is akin to a clear text that the intended Shariah ruling is that no more should be added to the general ruling applicable in similar cases, nor should anything be subtracted. For, when the reason justifying a specific practical ruling exists, and yet it is neither legislated nor highlighted for derivation, it becomes evident that anything additional to what was established there is an unwarranted innovation and contrary to the intent of the Lawgiver; as it is understood from His intent to limit to what was established, neither adding to it nor subtracting from it." [Al-I'tisam (2/281)] Sheikhul Islām Ibn Taymiyyah raḥimahullāh said: "The Prophet ﷺ deliberately refraining from certain actions, despite the presence of what might be considered a cause and the absence of any obstacle, is itself a Sunnah, just him doing something is considered a Sunnah. For instance, when he commanded to call Adhān for Friday, and offered the two Eid prayers without an adhan or iqamah, his omission of the adhan for these prayers is thus a Sunnah. Therefore, no one is permitted to add to this practice. Adding to it would be akin to increasing the number of prayers or the number of units (rak'ahs) in a prayer, or adding an extra month of fasting, or an additional pilgrimage. If a person wished to pray the noon prayer as five units instead of four, claiming that it is an increase in good deeds, this would not be permissible. Similarly, if someone wanted to establish a new occurrence specifically for invoking and remembering Allah, this would not be allowed. One cannot claim that such an addition is a good innovation; rather, it must be said that every innovation is a misguidance." [Iqtidha As-Siraat Al-Mustaqeem (2/103)]