Ahmad Kutty – Qawaid episode06

smell like Rahman Rahim

Al hamdu Lillahi Rabbil Alameen wa Salatu was Salam ala so you did a

mia you will will Celine

bah humbug him or Ali he was Samia Jemaine Bisaya surgery worse

surgery Omri or have a look at the terminal assignee of Coco commonly

brothers and sisters. It's my pleasure to welcome you to another

episode in our series on our inner hamster Cobra, the grand five

grand legal Maxim's

in so many diverse waters, in this session we are going to discuss

the third of the foremost grant legal Maxim's

namely a mashup carto Tajiri with tayseer

hardship begets facility

hardship brings ease or facilitates relaxation.

We are going to discuss the definition of this car ADA or

legal Maxim its significance and sources in the authentic sources

of Islam, the Quran and the Sunnah and its applications and a few

subsidiary rules inshallah.

First Coming to the definition, let's take the words there are two

important words are machaca and the other is a tasty,

Masha Masha Allah in Arabic means difficulty hardship,

taste see is making easy relaxing or mitigating the difficulty.

This card says where there is genuine hardship

the low and tears ease or brings ease

by introducing relaxations.

So, of course,

every obligation every duty that we are required to perform

there are some difficulty because you know the laws are against the

whims of the corner soul. So, when we say difficulty here we are

talking about difficulty that

is not normal. That cannot be it's not bearable.

So, when there is a genuine hardship,

the rigors of the law are relaxed

examples shorten your combining prayers during journey this is a

relaxation.

Another example is allow us to use time mum

using you know ablution, the the symbolic ablution Lee of whistle

and Willow when water cannot be used due to sickness or water

simply not available, or water is too short and then you need to use

it for drinking or cooking. In that case, tire mommies is the

substitute.

Now coming to the significance of this car rider, it's very, very

significant.

As we need to understand that the universe is Sharia is universal.

It is for all times and places is practical. And Sharia is barends

take into account all of the legitimate needs of a human being

of human beings.

Then Sharia caters to the Felicity

and well being of humankind at all times, Felicity in this world and

the next world.

So the laws of Sharia takes into account the facts of human nature

and life

changing circumstances there are changes in customs and habits.

It was changing life is ever changing. The life is evolving,

circumstances change. So, if the law is rigid and fixed, and cannot

be adapted, then the Sharia becomes not practical. not

universal. But that is not the case with the Islamic Sharia.

There is a built in mechanism in the Sharia, to make it adaptable

to varying circumstances.

So the rule of reference

arch removal of hardship is buried into the system of the Sharia. And

you can use this based on this rule of course, there are

subsidiary rules

used in jurisprudence in order to make sure that way there is a

genuine hardship. The rigor of the law is relaxed.

The maxim this maxim are carried

Russia Katagiri with TC, one may ask Where is the evidence for it

in the sources? The answer is it is based on evidence, the textual

evidence of the Quran and the Sunnah, the authentic traditions

so the Prophet, here are a few examples. Allah says in surah

number two was 185. You read Allah will be common to us, whether you

read we come across a lot in dense ease for you and not hardship.

This is when Allah prescribed fasting. And then exception is you

know when you are allowed to skip the fasting or postpone it.

So substitute for something. Well, my Jarrah Ali COVID Dinniman

heritage, in Surah. Turn this to was ata 78 Allah say he plays no

hardship in your religion for you.

Now you can look for Allah who knows some levels was Aha, God

does not bother any soul beyond its capacity. That is surah number

two goes to 86

and come into the traditions of the Prophet these are well

attested traditions. The Prophet sallallahu sallam said, I am son

with a natural, easy way.

Or estable Hanifa yet is somehow

an another Hadith The Prophet said in numbers to Maja serene who you

all Muslims have been sent to make things easy.

Not to make it hard, but shiru Allah to not feel who is true or

to assume the prophets or a strict order to Muslims is make things

easy for people and don't make it hard. Always give good news and do

not turn people away from religion by making it hard and rigid on

them. And another beautiful example Hadith the Prophet only

example is when his wife Aisha, beloved wife, Aisha and lo Nasir

Bahu Euro Zulu SallAllahu wasallam by the unready Elektra Elektra

icera Houma, when the Prophet is left to choose between two

options, he will always choose the lesser of the two the easier of

the two, the most practical of the tube.

Now, coming to the applications, there are Accordingto he wants you

to enable Jame rahamallah There lists seven mitigating situations

that call for relaxation of the law and

travel sickness, comparison, forgetfulness, ignorance, rampant

or unavoidable necessity condition, lack of competence.

Some scores are another eight category namely error or slip up.

No one should no one has to be careful that the about conditions

situations

can only amount to relax the law when they are deemed excessive.

One day or accessing beyond normal they call for relaxation of

reverse. And here are various forms of waste introduced into the

law. Because of this circumstances. Number one is on

mission.

Woman while menstruating are relieved of prayer and fasting. So

the prayer is kept all together and the first thing is scattered

but it should be made up later

and decrease in other because of hardship.

There is a shortening and combining of prayers while

traveling

and substitute

pay among ilio ablutions was the lower Willow when water cannot be

used due to illness or simply water is not available or water is

too little. And we need to use it for drinking or cooking

Another way with the law is relax postponement.

Sharia allows postponing the fast that is obligatory, the first use

of Ramadan when one is sick or traveling. And it allows women

during menstruation to postpone it. We weren't in pregnancy if you

know fasting would adversely affect the pregnancy or the baby

or postnatal period of bleeding in this times, they postponed the

fasting to make up for later on they start Ramadan fasting I'm

talking about

unnecessary D, there is another condition that allows for the

relaxation of the law

that allows example is allowing consuming swine fresh pork, in

order if there is no other food available, or drinking wine, if

there is nothing else, no liquid other than wine.

Another way of relaxation in the Sharia is change. The obligation

is altered in some way, like the example of prayer during this in

war, the the form is altered is shortened and altered, the

material is changed. And there are dozens of subsidiary rules derived

from the arida remember Shaka totally bootay See, we mentioned

only a few especially that relate to the concepts of necessity and

need number one, a lot or are to be heard by Laura necessity makes

the unlawful law

the rule applies to emergency situations like somebody starving

to death is allowed to lead to Korean or swine flesh. And also

somebody is faced with illness, life threatening illness or

illness that is very very serious. And there is no medicine other

than the medicine containing you know ingredients from pork or

whatever that is forbidden. So, in this case, this medicine can be

used, there is no other alternative. However, to apply the

rule, certain conditions must be fulfilled, number one, that

necessity must be real, should not be imaginary or assumed and there

should be no alternatives available and it must be used must

not lead to another danger equal or greater than the present one.

Finally, while resorting to this car EDA and this one must wash

wrote excuse this rule one should not exceed the limits

of necessity hence, another rule is prescribed Allura to cut the

robot factory ha necessity is measured according to true

proportions. An example is a male physician

of course, females should be treated wherever available by a

female physician, but if she has to go to your male physician, she

he should only

allowed to see the affected part of her body for treatment. No

other part can be seen number two ultra Rolla you will to have a

lawyer necessity does not invalidate the rights of another

person if somebody is starving, and then he is allowed to eat the

food of another person without his permission. If that is an extra

food,

yes, he can take it but he ought to pay the cost of that food

because otherwise you will be debating the right of the other

person. Okay.

Another final role in this that we are going to subsidiary rule under

this maximum or Masaka to the jury booth Tracy. This is a rule

mentioned by Imam Shafi Ramallah, either Lacan rombro is

an opening must be found when the situation becomes extremely

difficult and unbearable.

An example is killing a predatory animal, which has come to attack

the purse. What a violent robot Raja intruder into the house, and

this robber or this animal is threatening one's life. And there

is no other way to stop them than killing them. killing the animal

or violent robber is allowed in Sharia. And these are some of the

subsidiary rules. May Allah Swan will help us bless the CML pursuit

of Islamic knowledge. You

May Allah subhanho wa Taala bless us in our intervals last one

author accept all of our good works and forgive us our

shortcomings according to Holy hada was tough to reliably welcome

was Salam alaykum Warahmatullahi Wabarakatuh