The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

The conflict between the saying of the Messenger (SAW) and his action does not happen except in one situation: that is the abrogation (al-naskh), and except this there is no conflict between the saying and the action at all. But it may appear for the first sight at some of his sayings and actions that there is conflict between the saying and the action, but the scrutinizing shows that the situation of every one of them is different from the other, so there is no conflict, therefore is possible to gather (harmonize) between them. And that which appears to be conflict has three situations:

One of them is: the saying is precedent, i.e. if the Prophet (SAW) did an action and there is no daleel that it is of his specialties, then it abrogates the preceded saying that conflicts it, whether the saying is common like if he said: fasting a particular day is obligatory upon us, then he broke the fasting on that day, and the daleel has been furnished to follow him (SAW) as we proved, or it was specially for him by a daleel which denotes that, or specially for us by a daleel which denotes that. It means that his action which is affirmed to be repeated, and which must be imitated, if it is belated from the saying it conflicts with and which is his specialty, our specialty, or common for him and for us; it abrogates the saying that is concerning him, or concerning us, or both him and us. As for action which is his specialty; the abrogation is apparent in it, and as for the action which is our specialty; that is for the obligation of the imitation, and as for the action which is common for him and us; that also is for the obligation of the imitation.

The second of them is: if the saying is belated from the mentioned action, that which the daleel denoted that we must follow him in it, because there is no evidence that it is his specialty; it should be looked at, if the daleel does not show the obligation of repeating the action, then there is no conflict between it and the belated saying, because the action occurred once only and it is over, and its repetition is not requested, and it became none, so the saying is not in conflict with it because its repetition is not requested. And if the evidence denoted the obligation of its repetition upon him (SAW) and his nation, then the belated saying could be common for him and his nation, and it could be his specialty, or our specialty. So if the saying is common, then it abrogates the precedent action, for example if he (SAW) fasted the day of Aashuraa', and the daleel obliges its repetition and assigned us with it, then he ((SAW) said: it is not obligatory upon us to fast it, this is if it is common. And as if the belated saying is specially for the Prophet ((SAW), then the belated saying abrogates the precedent action concerning him, not concerning us, and if the belated saying is concerning us the nation, like if he said: it is not obligatory upon you to fast it, then there is no conflict in that concerning the Prophet ((SAW), so his assignment with it continues. And it shows the none assignment for us with that action, and if it came before the Ummah performed the action, then it is a specifier, i.e. a clarifier for the none obligation, i.e. we are exempted from the action, and if the saying came after the Ummah performed the action, then it is not possible to consider it a specifier, because it necessitates the delay of the clarification from the time it is needed, so it abrogates his precedent action. The third of them is: if the belated is unknown whether it is the saying or the action, i.e. it is unknown if the action is the precedent or the saying. In this situation we look, if it is possible to gather them both, there will be no conflict, but if it is impossible to gather them, then we take the saying in that which is concerning us, or common for him ((SAW) and us, without that which is concerning him, if so the saying must be forwarded and taken, and the action will be left, that is because the saying is particular for the denotation and set for it, unlike the action, it is not set for the denotation, and if it denotes; it is but with the aid of the saying, and because the saying has more common denotation because it includes the nonexistent and the existent, the rational and the tangible, unlike the action for it is only for the existent and the tangible.

In the situation where the action and the saying that are likely to be in conflict are clarifier for a previous text like his (SAW) saying after the verse of the Hajj: combines whoever the Hajj to the Umrah should perform one tawaaf and one sa'i (the seven courses walk between the Safa and the Marwa)" the Aamidi mentioned it in his book Al-Ihkaam. And that which the Daraqutny narrated that" he ((SAW) combined (joined the Hajj to the Umrah) so he performed two tawaaf and two sa'i". Gathering between the action and the saying in this situation is as it is detailed in the divisions of the Kitaab and the Sunnah -the clarification and the clarified matter-.

These are the situations of the conflict between the saying and the action, and an examples for that is that which Abu Dawood narrated from the way of Al-Rubay' the daughter of Mu'awwith Ibn Afraa': That Rasoul Allah (SAW) wiped his head with a remainder of water that was in his hand", and Sufyan Al-Thawry said: Al Rubay' the daughter of Mu'awwith Ibn Afraa' told me: " That the Prophet (SAW) used to kiss some of his wives, then he used to pray without performing the ablution" compiled by Al-Nassa'i. This hadeeth has been certified as weak (dha'ief), but it became clear that who said it is weak; said it is because this hadeeth is mursal. But the mursal is of the considered proves, Al-Nssa'i said about this hadeeth: "There is nothing in this subject better than this hadeeth, even though it is mursal" and Al-Daraqutny narrated this hadeeth with a linked narration, he said: from Ibraaheem from his father from Aa'ishah (RA). And from Aa'ishah (RA) that she said: ِ " ِ" I missed Rasoul Allah (SAW) one night of the bed, so I searched for him then my hand touched the bottom of his feet while he was in his prayer and they were erected" compiled by Muslim. So these ahaadeeth that show his Aayah the conflict action have you or been in contact with women, and you find no water, then perform the tayammom…) 43 Surat Al-Nisaa', so this Aayah clarifies that the touching is of the things which necessitate the wadhu', and the real meaning is touching by the hand, where as metaphorically it is the sexual intercourse, and it should not end up to the metaphor (majaaz) unless the real meaning is impossible, and the real meaning here is not impossible but it is certainty, and we don't end up to the metaphor without an indication (qareenah), and there is no indication here to render it to the metaphoric meaning, so this determines the real meaning of it. And the recitation: {or if you touch) supports the remaining of the real meaning because it is clear only the touching by hand not the SI. Accordingly, the action of the Messenger (SAW) in touching the woman and the woman touching him, particularly touching Aa'ishah the bottom of the foot of the prophet is authentically proven with reference to the Messenger (marfu') and pending on the companion (mawquf), and the reference to the Messenger (al-rafa') is an additional authenticity which determines the acceptance of the hadeeth. This hadeeth conflicts saying text of the Aayah, i.e. the Qur'aan. The gathering between them is that the Aayah says: {or if you touch), so it is special for the Ummah, although the Messenger is included in its generality; his action contrary to the text is an indication that the action is concerning him, and the saying text is concerning the Ummah. So the touch by the hand occurred by the Messenger and he did not perform wadhu' that is because it is especially for him (SAW). So his action does not contradict the saying text which is concerning the Ummah, but it is especially for him, because the conjunction of the Aayah and the action of the Messenger that is contrary to it is an indication that the Aayah is especially for the Ummah. And thus some actions of the Prophet (SAW) may appear that they contradict his saying, so we try to reconcile between them, but if the reconciling is impossible; we apply on them the principles of the three situations.