«إذا رأى صاحب الشرع أمرًا معاينةً فلم ينهَ عن ذلك كان سكوته بمنزلة البيان أنه مشروع»
“When the Lawgiver sees an act directly and does not forbid it, that silence constitutes clarification of its legitimacy.”
The example concerns prophetic tacit approval: when the Prophet ﷺ is aware of conduct and a legal correction would be called for, his leaving it unchallenged can establish its permissibility or recognition in law.
The argument rests on the Prophet's duty to communicate the law and forbid wrong, not on an assumption that every historical absence of comment has the same effect. Knowledge, occasion and the actual conduct remain important.
Establishing an act as legitimate does not automatically make it obligatory; the nature of the ruling depends on the surrounding evidence.