Channel: Ahsan Hanif
Usul Al-Fiqh (Part 2) – This talk was given at the Green Lane Masjid on Feb 26, 2017.
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Barla and he was talking to human. Well, cinnamon Sleeman kathira My bad. So before Sala, we,
we had covered briefly the first two categories that are sort of the signs of a sort of deals with. And that was the sources of legislation what we consider to be a source of legislation in Islam. And secondly, the rulings that we have in Islam, the rulings that that we can derive from those from the sources of legislation. The third category that we're going to discuss is alpha or the terminology that is used. So, we gave the examples of,
of things being wajib, things being obligatory things being recommended and so on and so forth. How when we are how do the scholars when they look at the Quran and the Sunnah, particularly those two, how do they differentiate and know what is being referred to, by means by way of obligation and what is recommendation? Or, and the opposite of those two, what is being deemed as being prohibited and what is being disliked. So when you look at the sources, the Quran and the Sunnah, and obviously when we're looking at these types of terminologies, and so on, they will particularly be in the Quran and the Sunnah, more than each map and other things because each map and those other types of
sources of legislation are more than the work of scholars, but the Quran and the Sunnah as sources of legislation, and texts.
What are the terms that the scholars look at, and what are the different things that's what this third category pertains to. So the terminology that they will look at for example, is an MRI, they will look at the orders that are mentioned in the Quran. In Arabic language, you have the past tense, you have the present tense, you have the future tense, and you have an order tense. So we don't have that in the English language, but in the Arabic language, you have an an extra tense, and that is called the order tense.
And that is when you say to someone read, write, sit, stand, these are called fill in the Arabic language, what it means is, it is an order to do something. So when you find this type of order in the Quran, that is what the scholars say, refers to watch. Now, obviously, in each of these categories, there is you know, there is like much more detail, there is a lot of stuff that we're not going to be able to cover and rob the details, especially that we won't be able to go into. So this is like a broad categorization and there are differences of opinion and so on and so forth. But this is like a broad overview, as we've said before, so when a large xojo or the prophet SAW Selim
command something, it means that it's an obligation. For example, the profits on a low hourly or seldom said Sunday, come out on Monday or Sunday. Pray as you have seen me praying, that Hadith begins with the pharaoh Lama begins with a command an order, pray, as you have seen me pray. So therefore, to pray, the way the Prophet sallallahu alayhi wa sallam prayed is what it is an obligation. So now the scholars have a sort of fit, they will look at the Quran and the Sunnah, and they will know that to pray is an obligation in Islam, the concept of prayer as part of the religion, how do you pray in which manage you pray, that's something which then they would look at
the rest of the Sun and the Koran and they would see. So when a lot commend something, or the profits on a lower it was silom command something, then that is a command, it means that you must do it. in hajj, the prophet SAW Selim, for example, said haldwani man, a seeker can take your rites of Hajj for me, that would take is a command, right? So therefore, you can't just make hijabi you want to go to Medallia first and out of elite and just change everything the way you deem fit, you must do it the way the professor seldom did also the Arabic language and here it becomes tricky for me to explain, because Arabic language is so deep and rich and eloquent too even. And it is also actually
very grammatical, it has a lot of grammatical terminology to even begin to try to translate that into the English language is very difficult and something which I would struggle with. However, there are other ways in the Arabic language that also show that something is a command even though it may not be in the order or the 10th of a command. For example, a large scale which will some some time system thing in the in the present tense. But in the Arabic there is a way of putting something in the present tense and making it a command. For example, in a large soldier it says from from an shahida minko mushara filial son, whoever witnesses the month of Ramadan, then they must fast the
word fully assume is a present tense, meaning that they should be fasting. But the lamb at the end fairly awesome. The lamb is in Arabic language alarm, Amar is a lamb to denote a command. So things like this in the Arabic language that are found. Therefore, the scholar of a suitable fit. Not only do they have to be well versed in the sources of legislation, right, so they know the Koran the reasonably qualified in some
they've studied the math. And not only is math as a concept, but what the scholars united upon what they practically made each mouth, and the other different sources of legislation and the different details, and then they wouldn't understand the broad categories of rulings, they would also have to be linguists, they would have to have a good command an understanding of the Arabic language. So again, you see that a soldier flip is a very specialist science, not only is especially science is something which a person was well versed in this would be a very senior scholar, by the writer, many of our like major scholars in our time, that are perhaps not known for sort of yet, but they may
just fall as the senior scholars and they give lots of lectures and so on, they will have a very good commendable sort of field. So part of that commandment
is a command of the Arabic language. So when Allah mentioned something, to be to be comfortable, and to be familiar with the styles of the Arabic language and the grammar of the Arabic language, and so on and so forth, the terminology that is used in Arabic, that is also a requirement of the speller of pseudo
when a lot commend something in the Koran.
It is either it is either something which is generic, or is something which Allah subhanaw taala will mention additional information regarding. So if it is something which is generic, largest, says pray, the general ruling that the vast majority of the scholars hold, you know, solar, is that commands mean obligation? So when do we determine that something fits into that obligatory category that we just discussed before? Sora? How do we deem it one of the ways is, if a lot commented, so if a lot command something in the Quran, what do we take that to be an obligation, you must do it, right. So that's what the scholars will do, they will look at the link the language, they will look
at the terms, and then they will decide which one of those five categories this ruling will apply to. So generally speaking, the scholars say that the Amar, the order is number one for publication. And number two, it is for immediacy. Meaning that it's something that you must do immediately. It's not something which can be delayed. That's the general warning. There are exceptions to this warning, and so on. But the general things when a large dilligent, for example, says make hedge that performance of hedges obviously linked to an ability to perform physically and financially. But if once you meet those requirements, is it allowed for you to delay hedge for no valid reason? Or must
you perform hedge immediately meaning that fair amount of the amount of the commander Allah gives you the operand that we know not to be obligatory? Does it mean that you have a choice as to when? Or is it something that you must do immediately, many of the scholars are of the opinion that it must be done immediately. So therefore, as soon as hedges obligatory upon you, you have the ability, and there's nothing stopping you? meaning you're you know, you don't have problems at work, you're not opponents in the family, there's no reason for you not to be able to go, you must go that year. And if you don't, what would they say you are sinful? Right? So that is basically how they work with
the terminology of the Quran. Not only how what it classifies us and what category falls into, but what are the consequences and ramifications of those commands as well. The second type of wording or terminology that we find in the Koran is the opposite of command and that is prohibition name. And that is what will fall into the prohibition category what is haram? So for example, in the parameter Eliza Virgil says that something is cast. That means that it is how long that is a way of showing prohibition. Over the prophet SAW Selim cursed something in the sun now, like he cursed, for example, a number of people with regards to interest, he cast a number of people with regards to the
drinking of alcohol, these are things or drinking of wine, these are things that would constitute being Haram. For example, in a large village,
when a large soldier says that certain actions will have punishment in the Hereafter, that means that it is haram. When a large soldier says that certain things have punishments in this life, there is a punishment in the penal system, the Islamic penal system, that would mean that it is haram. So these are, this is another form of terminology. Another form of terminology that you will find in the Quran is what is false. It is general. So learnzillion mentioned something and it is a general statement. Allah says and this is much of the Quran, Allah says in the abre Latina in those two good will be in paradise. That's the general statement. In the full jar Allah feature him those who do
evil will be in the hellfire. That's the general statement. Much of the Quran is the general statement, but at the same time a large religion also specifies some of those general statements. So some of those general statements are then specified within the Quran, or within the Sunnah of the Prophet salallahu alayhi wasallam. For example, alliances
says you will see como la Viola de la Daiquiri Mithra housing one thing a lot commends you to give your inheritance to your children. So a lot that's a command in the Quran, it is a general command a lot doesn't specify a lot as I mentioned it, he just says your children have a right over your wealth. But the Prophet sallallahu alayhi wa sallam specified it in the sooner. And he said, for example, that the one who kills their own parents don't inherit. So the child inherits from the parents generally. But there are specifics to that. For example, if the child kills the parents, because they want to inherit their money, Islam says they don't have it. Right. It cuts off the door
of people killing their parents and people that they would inherit from simply for the sake of money. That is an example of something which is general and then something which is specified within the Quran. Another terminology that is used or another form of wording or stylistic language that is used in the Quran and the Sunnah, is Muslim, and yet, the mandala is something which is absolute. It is not limited or qualified in any way in terms of its application. For example, in a large village, it says consenting, freeing slaves, he says, For the hurry Raka, free asleep. That means any slave it is an absolute term slave is a general absolute term, it is not specified or limited or qualified
in any way. Any slave, male, female, old, young Muslim, almost anyone would qualify. But if a large xojo says in some verses he does for the hurry Raka Mina, it must be a believing slaves that you free, that is now a qualification, it is a limitation, no longer is a valid for you to go and free any slave who must you now free of believing saving meaning a Muslim sleep, that is also something that the scholars have assumed must be wary of. So when they go through the Quran and the Sunnah, they're not just looking at the general terms, and they're looking at how they interact with one another. You may find something in the Quran, but there's a hadith somewhere that speaks about that
same issue is defining it or confining it in some way. It's qualifying the statement in some way. It's making exceptions to the rule and so on and so forth. Among token men form, this is another style used in the Quran. The Montauk is what is mentioned apparently and openly in the Quran. Allah says concerning your parents and the rights that they have over you, for that tola Houma of don't see the term of to them. That is explicitly mentioned in the Quran. So the ruling is, therefore to say off to your parents is what? haram? The form is what is understood by necessity from that statement. If you can't see off that Allah See, you can't hit them.
No, I didn't say that. The law say you can't swear at them. No, he didn't say that the law say you can't curse them. No, we didn't say that. But are those things allowed? No, why aren't they allowed because if you can't even say off, then by necessity, you can't do more than that. That is one token a form that gives you an apparent ruling. And understanding logic just tells you therefore, greater forms of the issue of bigger forms of that same thing are also not allowed right that is called mon token reform and that is also another type of another type or a style that is used in the Quran. The Quran also and the Sunnah also do have other styles from them is that sometimes something is
Something is mentioned and there is no other meaning that can be understood except that one meaning for example, my name is Addison, just in case you didn't know if you said accident sits down. Everyone knows that sitting here that I am the one that's being referred to, there is no jus meaning unless there is another accident here is an accident from the dealer, okay. So, that means that everyone understands this is what it refers to. A person is sitting down action is speaking action is walking, Abdullah is speaking or if there is more than one Abdullah, you define them even further, Abdullah, whatever his second name is right en de la, Ahmed, whatever he is the one doing
this. That is called nos in the Quran. It is apparent It is easy, there is no dual meaning it can't mean anything else. So when Allah says For example, a theme of Salah pray, you can't understand from them that it means meditate. You can't understand from that it means go to sleep. You can't understand from them that means fast. Because Scala has a meaning that is understood does not have a dual meaning that you can become confused by potentially that is something that you find but sometimes, that is the case where wording in the Quran and the Sunnah has more than one meaning and when there is more than one meaning, sometimes those two meanings are equal in weight. And this is
called menjamin. ambiguous. So sometimes and an example of this is when a
Line soldier says concerning the the waiting period of a divorced woman, when a woman gets divorced mystamp she's not allowed to marry until she completes a waiting period squalane read that there is therefore a married woman is one mipela Katara bus navy and fusina thalassa takuro she must wait for three or Oh, the Quran says Kuru. The web portal in Arabic language means menstrual cycle. And it means the period of purity after the menstrual cycle, it means both, both of them are equally meaning. And that is why on this issue, the scholars differ into those two camps. Some of the scholars said the waiting period is three menstrual cycles, as I said, No, it is three what three
clean periods mean, she was finished that thermos rifle and the clean her cleaners to cleanliness thoughts or period of not being in that cycle, and then she comes out of that. So those two are the same, right? The meaning is the same that is called judgment. Sometimes you have those two two meanings, but one of them is stronger than the other. So there are two possible meanings, but one is stronger than the other. Right? So for example, and that is for var here and
when one is apparent, like when the common meaning in logic is more apparent and is called via. And when the uncommon meaning in logic is more apparent as well, when, for example, if I was in the zoo, and I said that I saw a lion,
what would you think that to mean?
I saw online,
you think to me and align right? align is an animal that you will think to, but we also know in English as in other languages, that sometimes people are described as being lions, which means what it means that they are brave, courageous, so on and so forth. So when I say I saw a lion, which meaning am I referring to? So if I was in a zoo, and I said to you, I saw a lion, the apparent meaning, even though there are more than one possibilities here in the realm of like, you know, imagination, you would think, okay, so physical lion because I was in a zoo, and that's what makes sense. But if I was in the masjid and I said to the Hatim today was like a lion, or today I heard a
lion in jumar, would you actually think there was a lion? Or do you think is referring to the hotbar, the Hatim the Ma'am, the speaker and so on. So that is also something that you find a style that is mentioned in the Quran and the Sunnah. The point of all of this is
that when the scholars have a suitor for come, not only do they have to study all of those sources of legislation and work them out and understand them and be qualified and well versed in them, but then also, they have to have a good mastery of the Arabic language. And remember, we said at the beginning that one of the reasons why the science was formulated and codified was because of the number of non Arabs entering into the region. There's nothing wrong with that doesn't like this isn't to put down we're all non Arabs, most of us here anyway. But what it means is because we don't have to understand the Arabic language in its pristine, eloquent form, these styles of language, the
eloquence is what is lost upon us. We don't understand it, because it's not something we're used to. It's not our language, we're not familiar with it, we haven't studied it. So likewise, in the time of the companions, and the scholars who came after them, when they had vast groups and numbers of people entering into Islam, that didn't understand these things. They couldn't just let it be lost. So they codify it, and they put principles down. So we understand now, this is what it refers to, this is what it is, these are the different styles that you find within the Quran and the Sunnah, and this is what they refer to in terms of rulings and so on.
The fourth and final category that the scholars have a sort of fixed study in the mention is who is qualified to do all of this. So everything that we've mentioned so far, what are the sources of legislation? How do you derive the rulings? What are the rulings who is qualified to make that determination? And that is the chapter on which the head and taglib people fall into two categories with regards to this issue of deriving rulings from the Quran and the Sunnah. You are either which the head or you are mockolate he had an itch The hand is someone who has enough knowledge and enough capability and enough
qualification and so on, that they are able to go to the sources of legislation and derive the rulings from them. That is a much dead, they are the ones who are able to meet the Yes, they are the ones that are able to define whether this particular source of legislation the ruling can be derived in this way from one or even those ones that we said, the scholars differ over. These are the scholars These are the people who make a judgment that which the heads of an oma or of a time, they are the ones who make each man those people are known as much the head and the monster head is basically someone as well as having the basic you know, like characteristics of being trustworthy.
In a good Muslim, and so on and so forth, they are in addition to all of that people who must have sufficient knowledge of the Quran and the Sunnah and all of the rulings regarding the issues that they study. So it's not good enough. For example, today we have a new type of banking system. Just imagine, today we have a new type of banking system that's invented. And now we want to come and find the ruling. So I come to the end, I think, Okay, I'm going to give the ruling for this banking system. But I have no idea of the Quranic verses that speak about transactions and finance. I have no clue about the Hadith of the Prophet certainly speak about the same issue. I have no idea about
the fifth few rulings that already exist out there in terms of buying, selling, renting, borrowing, all of those issues that are mentioned in the Quran and Sunnah. Even though my issue isn't one of those, it is completely different. But because I don't have an understanding of the basic concept, I can't make ht hat. So Scott, oversold fit must have all of that knowledge, the verses that Hadeeth the rulings that exist, the age map, not just the concept of each man who can make each map does he actually exist in that particular issue. So there are books that have been written on each map, all of the issues that the scholars agreed upon, in Jamaica, as a whole and each map even amongst the
format's hubs and so on and so forth. The scholar must understand and know all of that, they must know the difference between what is abrogated and non abrogated. Some rulings in the Quran and Sunnah have been abrogated. For example, a large soldier tells us in the Quran quotevalet comida hora de como tu Antara failand and we'll see you invalidate.
Before it's before the verses of inheritance came. Larissa wanted us to tell people to write down their will who is going to inherit from them. And then a large soldier later on revealed who will inherit anyway. So that writing it down was abrogate you don't need to write it down. It is already mentioned in the shediac, who will inherit it from you, your children, your wife, your parents, is written down already it is legislated. But at the beginning of Islam, it wasn't. So there is a verse that has been abrogated, as Oliver Sorrell misunderstand the obligations of what has been abrogated, and what hasn't, they must also understand and have a good command of the Arabic language. So when
they go back, as we mentioned to the sources, they look at the Quran and the Sunnah, not only of the Arabic language in the Quran, and the Sunnah, but even in our times a good understanding of the terminology that the scholars use in their books. So if you're going to go to the Maliki books, you're going to go to the hanbali books or whatever book each month have has their terminology they have, the way that they present information, the way that they speak terms that they use words that they say, this is something that on which the head must also understand, they must also understand how to then
differentiate and give preference between evidence. So when there's so many Hadith and so many verses of the Quran, so many opinions than which the head is the one who can come and decide which is the strongest of those opinions, or which of those how to make those evidences complimentary to one another, or do they contradict? And if they contradict, then what do you do, which one do you choose? That is everything that a scholar of a soul would do. And then which they will do. And that is basically those are the people who are qualified to give rulings to give fatwa to come and to give some basic on Now obviously, not every which the head has to be much the head all the way up to
like the highest level of which the other levels of
people, the more that you study, the more qualified you become, the more able you're able to use the more able ability, you have to be able to do some of this stuff. But in terms of being a full on complete, which then that is something which takes years, if not decades, to achieve. The second category of person then is the rest of us. And that is the people who make deplete deplete means to follow. It means to follow. And we're not speaking here about nakida not speaking about blind following in a line. That's a different issue. But talking about the bleed in your filthy rulings, meaning if you don't know the ruling, you go to your local Imam, your local chef and you say chef, I
prayed an X, Y and Zed happened, what do I do? The chef tells you do this or do that. And you say, okay, and you go and you take that ruling, and you apply it. That is
so you took it from that Spanner, and you applied it. Now, if you're someone who appreciates evidence, and you want to know the evidence, and this file can give you evidence, it is better to do so. Because essentially all of us have been commanded to follow the Quran and the Sunnah. We're not commanded to follow scholars and so on. But not every person has the ability to understand that not every person can appreciate the nuance of everything that we mentioned. So a scholar can always go back and say, yeah, there's that principle in a sort of faith and I applied it to that verse. Because most people become confused. And the companions is to say when you speak to people, speak to
them in that which they will understand. Don't confuse them even more.
speak to them in a manner and in a way that will be that they will be able to relate to. So therefore that is totally what it means. And this is something which a lot commands in the Quran to this degree when he says first Allah decree in quantum law known as the people of knowledge, if you don't know, and we all do this, myself included, we all do this, when we don't know when issue and hedge, we don't know an issue in finance, we don't initiate something else. We go to people who know who have studied, we're more knowledgeable, we ask them and they give us the ruling because we are not qualified to go back to the Quran and Sunnah and make that anomaly analogy ourselves or to
derive the ruling, okay. So, therefore, you have those two levels, those are the people who are qualified or not qualified in making those and deriving those ones, that is basically speaking in a very summarized fashion, the signs of a sort of fit the four broad categories that they that they study in the science, number one other sources of legislation, those which the scholars agreed upon, and those which they had some difference of opinion over. Number two, one of the rulings of the shery are places upon us in terms of accountability. Number three, what are the terminologies and wordings that are found within the Quran and Sunnah? that will enable us to determine which category
that ruling fits into. What are the terminologies, what are the wordings and the styles in the Arabic language. And number four, who then is qualified by way of which they had to make those rulings? and allows the widget is an item. And if you have any questions at all, I can take a few questions before we conclude.
Yeah, so the band's asking for a systematic study of a scholarship. How do you start, as with all of these sciences, what the scholars normally recommend is you start with the mutanda, small small texts that have been mentioned. And then you like you work your way up, and you work your way up until you become more advanced, and so on. So in in a pseudo phip, and obviously, each method will have its own its own texts as well. But generally speaking, one of the most prominent most famous and most probably most explained,
small, concise textual sources, is a lover of
Morocco is very short. You have the text version, and you have the poet poetry version of whatever apart. It is a very small concise text that speaks about everything that we kind of mentioned, it speaks about the general overview and categories of a solar fit. And he doesn't go into much detail, all you will find is that scholars who have come and detailed it or given explanations, they will go into a lot of detail explaining it, and then you build yourself up to other other books of visceral fat, one of the most common
and widely used is Rhoda to now that even though Kodama Rahim Allah rather to know that is in the hanbali method,
but it is something which speaks about comparative solar feckless wise, not just only the handling, and He will speak about the opinions of the mme as well.
And then there is Mr. Silva has early and many other books that you can go through.
But I would, and in our times, we actually have if you're well versed in Arabic, there are scholars of our time, contemporary scholars who have written introductions to suit will fit in a much easier way. Because with a lot of this stuff like a blue diamonds work, supposedly others, they will written hundreds of years ago. And as with all of those texts that were written hundreds of years ago, for our for our time, we need people to explain them to us why we can't just pick them up and read them as those scholars would be able to, we need people to come and to dumb it down for us, and to explain it to us and to break it down. Because we need something far, far more basic. So many of
the scholars of our time or a number of scholars of our time you have these books called medical, philosophical, Introduction to soul fit, and so on and so forth, you will find them.
For example, the cream and lemon law doctor came in number in Saudi Arabia has a very extensive book in the solar field, I think it's four or five volumes. These are good because they are written in easy language with plenty of examples. So I would recommend something like that unless you have a very good teacher who can take you through something like what apart.
What is for, in, as I said, when we speaking about the categories of rulings,
the majority of the scholars over the penal There are five categories, the half the Hanafi, mamilla, the increase categories, because they have a different way of defining things. So the majority of the scholars would say the forbidden words about the same are the same, they both mean obligatory, they are the same, the Hanafi or make a distinction between force and worship. They both they still consider both to be obligatory that if you do them
rewarded if you leave them you are sinful. But they categorize them as one being a stronger type of obligation other because one was revealed by mutawatir source either by the Quran or Hadith or his mutawatir. Whereas a worship is still obligatory. But it's it's Hadith establishes is a hard, it's a weaker type of Atif. In terms of the number of people that are rated, it's still authentic, but it's not as many people than originally. So they make a distinction in the terminology, in practical terms, they are the same. Whether you call it affordable worship, even the half is practically is the same. They just have an additional definition that they that they apply
to who are regarded as experts, I think there are many experts in your field.
Perhaps like someone that you would be familiar with Charsadda chiffre, who comes to our winter conference every year, his special specialist speciality is actually in all sorts of fields. That's what he does. And one of the benefits of a silver flip is you find from those photos, is that they're very principled, because they deal in principles they deal with technicalities, and so on. So just started with someone who have read the whole law, who is someone who does his specialty massage, and there are many others. As well, there's like this mini
The methods are like schools of learning. That's what a method is, it is a systematic way of learning and seeking knowledge. In terms of practical, everyday use as Muslims, we can't even follow the methods like me being like, if I want to follow the Hanafi method, that means that I'm going to the Hanafi books and sources. Most people are unable to even do that, right, let alone go into the social education, even towards the Hanafi books and read them. That's not something which everyone's going to do. Therefore, on a practical level, what we are obligated to do is find someone that we trust in their knowledge and in their taqwa and ask them concerning our religion. That's what we are
obligated. And they tell us, and we trust that they've taken it from sources of the Quran and the Sunnah, bit from the Hanafi, multiple, the handbook or any other method, in terms of a system of knowledge, like study, though, if that's what you asked me refer to how do I study, then I would recommend the method of approach, because there is a systematic way of studying, rather than studying from here and there, which can be confusing. And the way to do that would be to find a teacher who teaches or sort of, for example, if it's also reflect that you're studying that is competent, or more versed, and you take the method that they're teaching him. So instead, rabid
needs to teach us the hanbali method. Now for me to say, No, I'm not going to study the hanbali. But that's what they teach him. Right. And that's the system of teaching is there is what is the system that they're using? So that if that's what your teacher is using, follow that method, and be flexible in these issues.
So when we speak about sudo, can we speak about terms like nos woodmill? All of these we're talking about what rulings only so as I said at the beginning was sort of deals with only rulings doesn't deal with Allah doesn't deal with that either. doesn't deal with stories of the prophets doesn't deal with with the club. Anything else? So we're speaking purely from a ruling point of view.
barakallahu li comes up.
Yeah, so the book is asking like, Is there a Is there a
level between which the hidden McCullin some of the scholars would say, yeah, you have like its power, which means someone who follows a method with its evidences. So it's like a student of knowledge, they know the evidences and their learning and so on. And yeah, I suppose you could, you could say that,
but they will still like, to some extent be a mechanic. I think