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Juristic Maxims – Qawaaid Fiqhiyah 01

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Ahsan Hanif

Channel: Ahsan Hanif

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.

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cinematic Mamet Allahu wa barakaatuh

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smilla rahmanir rahim al hamdu Lillahi Rabbil aalameen

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la masala was sending Mubarak Arlen abena Muhammad in wahala Lee he was happy he is marrying a MOBA.

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Welcome to another one of these monthly seminars that we're having on the different scientists of Islam. Mashallah Tyler today's science, math has been mentioned and closed

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is on the science of uncovering the 50 year acquire the faqeer is sometimes translated as juristic Maxim's, and we'll go into the definition and the name is Shan Lin Michelle, while

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So as we've said before, the purpose of these seminars and one of the goals and objectives is to ensure loudhailer familiarize ourselves with some of the important scientists of our religion that the scholars of Islam have dedicated their lives to studying and to

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and to writing about and so on and so forth and spreading and teaching over the ages. And these are the tools and the sciences the scholars of Islam told you they use and they benefit from and the teach and the students of knowledge learn in their journey to or in their journey of knowledge.

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This science in particular, the science of acquired Delphia has a very close connection and link to the science that we studied and we discussed last month. For those of you that attended or remember or watched online, we spoke last month about the science of assault on the principles of fact and that science and this science acquire the feel clear have a very close connection and inshallah will speak about this as well. One of the things that the Prophet sallallahu alayhi wa sallam was sent with it is considered to be from his Casa is it is considered to be from his special attributes that are large, so it will give to him. It is a miracle that that was bestowed upon him is something that

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we call Java on kelim comprehensive speech, whereby the Prophet salallahu alayhi wa sallam would often say make a statement he would say something, which consisted of very few words, but they had very deep and comprehensive meaning. So the Prophet sallallahu alayhi wa sallam if you look at many, many of the holidays that you find, when you pick up a book of Hadith, you will find that they are relatively speaking short. The Prophet sallallahu alayhi wa sallam was not someone who would give long sermons. And he wasn't someone that would sit and talk for hours upon end, his Salatu was Salam. And that is why his companions of the Allah animage Marine were better able, and it was easy

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for them to memorize the Hadeeth his sayings and his statements and to relay them, because they were often short and concise. But even though they were short and concise in the number of words, they held deep meaning and they how many, many benefits, and a single one of those treatments, there are many, many issues that we can derive from it, and take from those statements of the Prophet salallahu alayhi wasallam. This science, the science of inquiry that does something similar, and providing for peer is the science that summarizes all of the rulings of faith. That's what it does in a nutshell. So when you study faith, and for those of you that have studied any type of faith,

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whether it be the fear of Budo, the fear of Salah the fear of Hajj, or fasting was the cause of the effect of transactions or marriage or divorce, any chapter effect, one thing that you will realize is that there are often hundreds, if not 1000s, of different issues in a single chapter of fact, many, many issues that the scholars mentioned that the scholars differ over, the scholars bring in a single chapter on an book of

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those many, many issues that the scholars mentioned. And they bring and they've discussed, it's difficult to be able to summarize and memorize all of them. Even if you're studying someone that's studied and well versed in the science of record, it's difficult to be able to recall, to memorize and to summarize all of them. So what the scholars did was that they went through all of those massage and all of those issues of fact and all of those chapters are fake. And they found that there were overarching principles that many of those issues came under. There was a maximum or a rule or principle that many of those issues of fact came under. So rather than having to memorize so

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many of them and obviously the scholars don't memorize and they study each and every single masala in its proper place, but a way of summarizing all of that knowledge is to focus on those Maxim's so once you know those Maxim's is easy for you then to be able to recall many of those issues of effect. This is what we'll cover it and for clear does

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the term and cooperative fatigue

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is made up of two words, the name of the science of coverable. For clear, the word car is the plural of Florida. And glider means a principal means a foundation. It means a rule, and often in English in order to differentiate it, and again, this is one of the limitations of the English language as opposed to the eloquence of the Arabic. Because we have also reflected we often translate as the principles of Kaveri. The faqeer could just as easily be translated also as the principles of faith, because there were also inquiry that are very similar in terms of their linguistic meaning. But in order to differentiate the two to show that there's a distinction between these two sciences, or

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social factors normally called the principles of an algorithm for clear is normally called juristic Maxim's juristic Maxim's So, the word Maxim also means a type of principle or a rule or a code of conduct some something along the similar line, but it is therefore easier to distinguish between the two. So power is the is the is the plural of the word clarida, which means that principle or that rule, and Allah azza wa jal obviously mentioned this in the Quran, the word curry that with an kawari with your father, Ibrahim will provide them in elbaite, a large social system when the Prophet Ibrahim alayhis salaam raised the foundations of the Kaaba, so that is a corridor is the

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foundation and the principle upon which you build the word faith we discussed last month, when we were speaking about also one fact. And habit refers to the practical elements of our of our religion, that the do's and the don'ts and so on and so forth. Those things that Allah has made as part of our actions and our responsibilities as Muslims. The two when they come together acquire the 50 as a science, what they refer to, are those universal or those overarching principles that cover many of the issues of fact, right. And we will go into this in slightly more detail inshallah, when we go into some of the issues concerning the science, but but they are the overarching principles or

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the Maxim's that cover and bring under them, many of the issues of

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the science is

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studied. And it is a slightly advanced science like also well fitted as something that you study when you're when you're specializing in the sciences. But it is extremely important for a number of reasons. One of the greatest benefits of the science is that it helps you to develop the ability to use your faith, your knowledge of faith, and the principle and the rulings that you have amassed in the under your study effect. It gives you the ability to have a juristic mind. So when someone comes to you with an issue, even if you can't recall necessarily that particular issue, it is something which helps you to develop your juristic mind because it gives you overarching principles that you

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can always refer to. So for example, one of the most famous Maxim's that we will study and we will speak about in detail is an Omar will be metacity everything is judged by its intention. There is something when the scholars, they looked at the command and they looked at the Sunnah, and they looked at all of the issues of fact that the study they found that this is something that enters into more or less every single chapter of their in our religion, a great deal and a great amount revolves around your intention, in sada in widow in transactions in marriage in divorce many things and a lot of soldiers we know in our religion will judge us not only upon the physical action that

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we perform, or the words that we say but he will also judge us upon our intentions and what our hearts hold. So therefore intention discarded this, this this Maxim and omarama Cassidy affairs are just by their intentions.

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Now when someone comes to you and they have an issue that they bring to you, even if you don't know the specific issue, and it's not something that you're well versed in and so on and so forth, you know, that there is an overarching principle and that is that your religion is based upon your intention, your a bad things that you do in terms of salah and soccer and so on and so forth. They are based upon your intention. So if someone comes for example, and they pray now for accounts, and they hadn't prayed select Lhasa, but their intention in their heart wasn't to pray Assam it was to pray just for a cause of nephal. But then they realize after they finish the Salah that they didn't

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during prayer or something, Mr. Hassan, and these four records that they prayed. They come to you and they say why can't I just make it I saw that wasn't my intention. When I prayed I saw something that I intended, but I prayed for and that's for foreign forces, same thing. So therefore can they just count as awesome? What would you say?

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You'd say no, because we have an overarching principle in our religion, that your actions are judged by the intention. You say, No, it doesn't count as your hustle, go and play your song. Now, with that intention of praying Salatu Lhasa, right? You have two people that come into the masjid, at the time of, you know, like, maybe a Salah, or maybe they're traveling or something else. And two people perform the exact same action, both of them on praying, one of them in their heart, they have the intention of praying an obligatory prayer. Maybe he's traveling he Mr. Lord comes into the mission has been to records. And the other person is also praying to records in that same question, but

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they're not praying in their intention in their heart. They're praying to hear to the question, the two records of entering into the masjid those two people, how do we differentiate them? How do we know what they're doing Islam based upon their physical action, because both of Salah both of prayer, it is by their intention. So this science helps you to develop that ability to know the rulings of Islam and to develop a juristic mind. One of the other great benefits and importances of this science is that it helps make your knowledge of faith easy for you, gathers many many issues of faith into a single principle. Now that principle that I just gave you the example of actions or

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affairs are judged by their intention that is something that you can apply into more or less every single chapter of every single chapter effect there is somewhere that that principle can be applied so all of that study now and by the way, that doesn't mean that you don't study for your Can you don't need to go and you know, it's like a shortcut No, that's not the meaning. But it's something which helps you so tool which helps you to understand your faith and to apply it and implement it. But once you've studied so much of that, rather than trying to remember it all in Salah, where did it come in the intention is in Moodle in A, B, C and D, you have a single principle that gathers all

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of that and unites it for you. And therefore it also helps you from the benefit is it helps you to stop forgetting helps you to revise your knowledge to keep it fresh within your mind. And therefore it is something which shall allow Tyler as you study more and more further, you will find yourself that when you study these Maxim's you find how they themselves are applied within these different within these different sciences of Islam, also from the importances of the science and its benefits is that it allows you to understand the objectives of the Sharia the goals of the Sharia, and this is a separate science in itself inshallah, maybe one of these monthly seminars we will do on Mikasa

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the Sharia what are the overarching goals and objectives of our Sharia. But one of the things that provide them for clear does at times is it helps you to appreciate some of those objectives. So when we know and omorovicza consider your affairs are judged by your intention. We know that that is an overarching objective of our Sharia. That is not just about your physical action, but it's also about the state of your heart and alarm. So a gentleman He rewards someone he doesn't just look at the physical action, whether they performed it or not. He also looks at the state of their heart and and so we have many a Hadith of the Prophet sallallahu alayhi wa sallam we know on Yom Yom and so on

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and so forth. That alarm so in turn will reward people not necessarily only for the action, but they will differ in reward based upon their intention. So someone, for example, will give a smaller lesser amount in charity, but the reward will be greater than one who gave more in terms of quantity in charity. And that goes down to the reward. The Prophet Allah sallallahu alayhi wa sallam, for example, that perhaps the person prays, and they only take half of their prayer, or a third of their prayer a quarter of their prayer, and perhaps the person prays, and they have nothing from their prayer. That person prayed they fulfilled obligation they did the actions, they perform the Salah,

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what is the Hadith referring to? it's referring to the reward? And what is that reward based upon? What is it judged upon? It is judged upon a person's intention. So therefore, it helps you to understand the objectives of the Sharia. What are the goals of the Sharia, for example, one of the Maxim's, that we will study and speak about in some detail, is that the Sharia facilitates is hardship brings ease. So therefore you know that the objective of Islam and of the Sharia is to make our lives easy for us to make Islam and the Sharia and the rulings of Islam, easy for the people to follow and to apply.

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So therefore, it is something shallow. And this is something which we'll come into in slightly more detail as we progress throughout these few hours.

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What is the difference between a social economic theory the fear and focus Well, we have these three sciences and all of them are very closely related. They are closely interlinked and they have a close relationship with one another

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But what is the difference between the two or three? The first difference is how you use each one, or soda is the science that you use. First, is the science that tells you how to use it use the sources of the Sharia. So as we discussed last month, it tells you how to what are the sources of the Sharia first and foremost, and then secondly, how to use them and thirdly, who is able to use the who is qualified enough to use them? So for example, we know that from the sources of the Sharia in Islam is the Quran. Now when you go to the Quran and you pick up the Quran and you open the Quran, what does that mean? How do you use the command as a source of legislation? How do you find

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what is halal and haram? How do you understand the commands and prohibitions of the Quran? That is what was sold does right? And even though we don't use you know, we don't like study it in this way that you only study or sold first, then you only study for then you only study provide afterwards. It is a linear kind of relationship in that sense. That also revealed is the first of the sciences tells you how to use the Quran and the Sunnah. When you have the science of faith, which then tells you now derive the ruling, you know how to use the Quran and the Sunnah, you know what these means is terms oblique obligation prohibition, recommendation dislike all of these terminologies you're

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familiar with now did use the rulings. So you see Salah is an obligation, or that type of prayer is a recommendation or that particular action is haraam. So you have also on Fifth that taught you how to use the sources. Then fifth is the practical application is now deriving those warnings. And they don't worry the fifth here is the third in that line. And that is that it is summarizing all of those rulings effect into simple rules that you can memorize, retain, recall, remember. So that is the first difference, right? Each one is used in a slightly different way. Obviously they're all linked closely together. Because you're you know, you're speaking about the rulings of Allah subhana

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wa Tada. But that is the first difference. The second difference is the residual effect doesn't give you rulings or sort of teaches you how to use the Quran and the Sunnah. So when we say for example, there are commandment in a social fact that a command means obligation. When Allah commands something, what does it mean? It means obligatory, but that's not a ruling, that's a principle. You can't use that in and of itself, because it doesn't tell you what Allah made obligatory, it just tells you, that's how you treat the Quran. That's how you interact with the Quran. Whereas Al kawari, there are clear, you can use in terms of ruling as well, because it will tell you that your

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actions are judged by intention. That's something practical that you can use. It tells you, for example, that if there is hardship beyond your scope to bear, then the Sharia will bring ease for you. That tells you that something easy that you can use, for example, colors and faqeer will tell you that harm is removed, there is no harm in Islam. So harm being removed is a practical thing that you can use, for example, for adelphia towns, you that certainty isn't removed by doubt, that's something practical that you can use. So that is also a difference between the two was sold and between alcohol.

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The other difference between the two is a soul speaks about principles and those principles or principles that you apply and they are very, very rigid and set in the way that they are. Whereas they'll collide and for clear. There are different levels and different types of juristic Maxim's some of them are very wide and universal and they applied to many, many chapters. Others of them are very narrow and only applied to one or two issues. Both of them are Maxim's meaning inquiry that are clear the one that applies to lots of issues only applies to a couple both are considered to be a carry that they are juristic Maxim's but they differ in terms of how comprehensive they are. What

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does also reflect will always have the same region, principles that you will apply and that you will use.

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Okay, the history of the science. So as we've said before, in every single science in the time of the Prophet sallallahu alayhi wasallam. We know that the profits are lower and he was sent him didn't teach people in the way that we now teach them and study with his companions, subjects. They didn't come on a certain given day and they studied zero they studied kamaruddin faqeer they studied Philco, rasulillah, whether the profits are lower and he was selling, we just teach the people and the companions would understand what if they had issues that they wanted to raise and require knowledge about the Prophet sallallahu alayhi wasallam would teach them the systemization of

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sciences and formulating them and codifying them. This came blade one in the subsequent generations of Muslims and scholars. However, the essence of each one of these sciences be Tafseer

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Be it fair bit of either your career or Sorrell effect, they are found in the time of the Prophet sallallahu alayhi wasallam. They just weren't called and studied in the way that we will study them today. So for example, the prophets on illawarra he was Selim would say, in Nirmala, Melville been yet famous Hadith, every action is judged by its intention, that is a Hadith of the Prophet sallallahu alayhi wa sallam, but it is also the basis of a juristic Maxim and honourable mikaze when we say that our actions are judged by the retention was taken from is taken from that statement of the Prophet sallallahu alayhi wasallam. So it is based upon the Hadith. So the companions then will

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take that knowledge and they will understand the role of our actions are based also upon intention, not just upon the physical action. And so they would take these and there are other sciences other other qualities as well other Maxim's that we will, we will mention, some of them are taken literally from the statements and the words of the prophets on the LaGuardia and send them directly. So the point being, therefore the prophets Allah while he was seldom used to teach people these collide, and the companions took them, and they understood them. And at the time of the qualifier, they will do the same. They wouldn't study it as a science, but they would lay down these principles

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and these Maxim's that people would then be able to go and use for example, Mr. rhodiola, one in his field alpha, which was one of the longest levers out of the for the second longest key lever, Rama rhodiola, Allah Who will take rulings and He will give decisions and make decrees or then months later or a few years later, he would sometimes change his opinion on certain issues. And he would give a different fatwa or different decree or a different ruling. So people would say, Oh, you gave a ruling a few months ago, a few years ago on the same issue, and you ruled in this way. And now on the same issue, you've taken a different position and a different opinion on our model the Allah

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what I'm used to say, how the annamma Naka we are heavy here on Mr. Naqvi will tell Kerala Polina, this is our ruling now. And that was our ruling, then, what does that mean? It means that obviously, as a scholar, when you're studying, and you're learning, and you're trying to reach the rulings of Allah subhanaw taala, as you increase in knowledge, as new evidence comes to light, as you learn more, you will change your opinion from time to time. And there is nothing wrong with it. And that is, and that statement is a juristic Maxim, that there's nothing wrong with a spotter changing their opinion over time. And all of the great scholars of Islam, change their opinions over time, they

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began on certain positions, and then they change them later on. And that is why sometimes even in a single method, you will find that the mom of the method differs. There's different narrations that have been reported from him different opinions that have been mentioned from him. And that's because the scholars use to change their opinions, or lay him Rahmatullah. So the companions also then established these types of Maxim's that the scholars took and they continued to use. And then the subsequent generations, the scholars of Islam, and those early generations of Islam they used to give in their books and in the teachings they would give these Maxim's and these Maxim's were based

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upon the overarching an extensive study the comprehensive study of Islam. So you can imagine people like Imam Abu hanifa, Imam Malik, Mr. Musharraf. Remember Hamad Rahim, Allah and other great scholars of Islam, because of how much time and effort they put into studying the Sharia, they were able to understand from the Sharia either this is something a pattern that recurs so much, that this principle is something that can be applied. So for example, an Imam Shafi Rahim, Allah used to say, la Yun Sabu Illa circuit in call the one who remain silent. You can't ascribe to them a statement. So if you're silent, and you don't say anything, generally speaking right outside, um, there are

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exceptions to this rule. But generally speaking, I'm speaking now and talking and everyone else is silent. I can't say that this brother said such and such that brother made that statement, you will sign it, you didn't say anything. And it's not from our religion, that we ascribe things to people that they didn't say, openly, I can't just make things up and say no, everyone agrees with me. Everyone said the same thing. So that is a principle that we find within our Sharia.

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And there are many others as well, that the scholars mentioned. It is later on after the passing of those early generations of Muslims, the scholars began to codify and write books about the science of acquiring alpha PA. And one of the first people or one of the first group of scholars to do this with the Hanafi scholars Rahim Allah, the Hanafi Muslim. And we touched upon this very briefly last month, when we speaking about Musudan felt that there were two different types of studying or soul and studying the sources of the Sharia or the developed in the URL

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The early parts of Islam.

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They had you had the mothers of the people of Medina and the ages, which is Makkah and Medina and those areas and then you had the mothers of the people of Iraq, the people of Medina, their way of studying was that they would go to the sources, the Quran and the Sunnah and so on and so forth. And they will deduce the rulings, they will go to the Quran and the Sunnah, the sources, they would study them and deduce the warnings. The way of the people of Iraq, of studying fake was that they will do the opposite. They will look at the issues that affect people, and then they would return to the Quran and the Sunnah to find the ruling that fits that situation. So you have two different ways

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of studying. The first is you go to the Quran and Sunnah. You find what they say, and you produce the ruling. The second way is that no, you look at the issues was the issue. This person has an issue in their prayer in the Salah, and will know these are the questions that people are asking. So now let's find the answer from the Quran and the Sunnah. And from the sources of legislation. There is nothing wrong with either way, both of them are correct. And both of them have their place. And we still use, you know, we probably use the second one more, because it is more practical in its nature than the first people come with their issues, especially in new issues that the scholars

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didn't have before. It's an issue when you go back to the Quran and the Sunnah, and you look for its ruling, and you look for its evidence. So because the people of Iraq and the people of Iraq would then later on become the Hanafi scholars, the Madras of Allah Reuters is known the people of Iraq and so on the Hanafi scholars email Abu hanifa, Hema Allah and his students and their students and so on. Because of their way of studying film. They were more able or it was better suited for them to develop the science of survival for Korea, because they weren't going to the Quran and soon and reducing rulings. They had lots of rulings, they already have lots of issues now that they wanted to

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go and To summarize, so they started developing these Coverity into a some sort of a codified way into a science. So they said, for example, that one of the earliest scholars to write in this field was a scholar by the name of abohar at the bass. And then also remember Rafi Rahim Allah Allah and his famous scholar of the Hanafi madhhab. And they had 17 1820 principles that they found in the Sharia 17 1820 Maxim's that they had seen that all of these rulings come under the comprehensive Maxim's, and they put them into a book and from the time then developed on and obviously at the mothership of Islam continued to develop this as well. There are many many books when it comes to my

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local article for Korea, there are many, many many books right like every other signs of Islam Tafseer or sort of factor many books that have been written.

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I will mention some of the the more important ones.

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From amongst the most important ones are the ones that are called Ashburn one Nevada lush bajo Nevada. In every single method of the form of hubs, there is a book called unleash bahuguna via the same title. And that title in each of those format hubs deals with provided for clear it deals with the Maxim's that those scholars of that method have put together. So for example, even all of Akina share three he has that book tajudeen a sub k a su t acknowledge a min Hanafi they are all scholars of these methods that came together and they had the same title for the book, each one covering algorithm for clear you had other books that took on the name of algorithm provided for clear local

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provided clear by an email me Blue Origin and cover the law cam by the center or common law. And then you get the books that were quote unquote worried we'll assume for example,

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and froak there are books that are called and farrokh. And then there are books in our even in our time contemporary books for example, shuksan said learn happy the home loan is one of the scholars who has come to our went to conference a number of times. He has a book on the subject of Korean for Korea.

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alima Saudi Rahim Allah chef Murthy means teacher. He had a poem that he developed just on the science of requirement for Korea, the receiving encyclopedia, which is like some 20 odd volumes written by a scholar called Burano, who comprise and he explained all of the different COVID that our religion has. So whether the very large, comprehensive universal Maxim's or the very small maximums only apply to a couple of issues gathered all of them into this encyclopedia, which he called Masato algorithm for clear the scholars when it comes to writing their books and are provided for clear they order them in a different way. Some of them order them in level of importance,

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because you can imagine the COVID are many. There are many. So you know Sorrell fattiest he speaks about principles of faith, but we spoke about the four main categories of

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main areas that will sort of fit looks at so therefore it's nicely divided it's nicely categorized because of those four different areas in aka wearable faqeer however, it is more about many many Maxim's It is about a number of Maxim's many in number, depending on the level and the depth of the book. And those Maxim's then have to be categorized. So some of the scholars they categorize them in levels of importance meaning those that were most comprehensive they began with first and then they continued going down and down until you get the ones that are less comprehensive, they only deal that minor Maxim's only deal with a couple of issues. So for example, abnormal gemel Hanafi and

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memasuki Ramallah in their books this is how they categorize them and we'll speak about those levels of coverage shortly inshallah Tada, others from amongst them they categorize them alphabetically. So this is the way that they thought was most easiest to categorize them alphabetically. So remember Takashi for example in his book, he categorized them alphabetically, others from amongst the scholars, they categorize them according to the chapters of feck. So on the chapters of the same order of the chapters effect in each chapter they bought the relevant provide and others from amongst them like employee Roger rahimullah didn't have any categorization or any set order. He just

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mentioned the cover as and how he pleased. So this is a brief background into the science and development of ultra wide ultra clear

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and for why the fuck here

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has a number of ways that we can categorize it the science of a polarity and for clear, the most.

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perhaps the easiest way of categorizing those polarities are those who are worried that the scholars agreed upon and those that the scholars differed over is that a pilot or not okay now,

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there are five Maxim's five Maxim's and these are the ones that we will speak about in detail because the Maxim's in glide are many number. In actuality, there are many, many in number, but there are five that are considered to be universal. In Arabic, they're called al kawari. Al clear and Cobra. The Universal Maxim's are generally translated into English, universal because they apply to many many issues of faith.

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And these five are the ones that the vast majority if not most of the scholars have agreed upon that these five Maxim's are overarching Maxim's principles of our religion, that many of the issues of fact come under. There is some difference of opinion even in this so some scholars say the most are five or six other synonyms no five this for other said no, there's three others from amongst them said there's only one, only one that is truly overarching. But the point is that the vast majority of scholars now and especially in our times agree that there are five, right? Those five the scholars don't differ over. So these are five that you will find scholars saying no, you know, is

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there a Maxim noreau Maxim maybe not maybe they agree that they are Maxim's the other ones are Maxim's, in which you will find differences of opinion. Some scholars said no, it doesn't apply, or we don't agree with it, or it doesn't start a maxim doesn't apply and so on and so forth. So because of the difference of opinion, the scholars didn't call them universal Maxim's so that's one way of categorizing them. What the scholars agreed upon what they didn't agree upon. Another way of categorizing the juristic Maxim's will carry them for clear is in terms of how comprehensive they are. So you have the universal Maxim's which are the five they are the most comprehensive and

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universal doesn't mean that they they don't have any exceptions maybe on the odd occasion that is an exception, but universal generally speaking, they apply more or less to everything. Those are the five then below that you have a second category and there are called ultra wide and Cobra the major Maxim's Why are they major are not universal, because they apply to less chapters of film. They cover less issues. And then you have a lower below another category below. And these are called ultrawide. Asara minor Maxim's so the overarching Maxim's the universal Maxim's will have many minor Maxim's within them so for example Omar obioma placidia affairs are judged by their intention has

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many many minor Maxim's that fall under it. Why are they minor? Why aren't they major while the universal because they only apply to certain issues here and there. And we'll give some examples of this later on inshallah when we discuss them in more detail, so there are minor Maxim's the major Maxim's are standalone Maxim's they don't fall under the universal one. They'll stand alone, but they're not you

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Universal because they applied to less. And there's some difference of opinion that the scholars differed over them do they read or they agree and so on and so forth. But the universal ones are five and they are the ones that the scholars agree upon. Another way of categorizing the quality and faqir that some scholars do

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is by way of the evidence, the CO operative here, some of them are taken literally from the text and the wording of the Quran and the Sunnah. They are taken from the Quran and the Sunnah. So for example, a little more of a mocha Cydia right Oh Allah Melania actions are judged by their intention. That is a hadith as we know the famous hadith of Mr. Ravi, Allah who I'm in a hurry. That Hadith is the basis of this. So it's based on the principle of the maximum is based on what it is based upon. And thus it is based upon a textual evidence. The second type of query the or Maxim is one that the spellers deduced, and the wife has not taken from the wording of a Hadith, or the

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wording of a statement of the Prophet sallallahu alayhi wasallam. It is something that the scholars through their study reduced it. And they said that this is a maxim. So that is in terms of its evidence, that is in terms of its evidence, and there are other ways of categorizing and sub categorizing these discoveries as well. What we're going to do though, is we're going to concentrate on the five universal ones, right, we don't have the time. And this is in the sitting to start going into detail concerning the major ones and the minor ones and so on. That's for something in your life you're interested in, to go and do by yourself to go and and study insha Allah in a different

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setting. But what we will do is we will speak about the five universal Maxim's and these are the most important, Maxim's the scholars mentioned. And those are five. The first one is that Omar will be because I will list them for you for you first before we go into each one in detail. The first one is that Omar will be more passive the actions are judged by their intention, right or affairs are judged by their intention. Number two,

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Alma shock potentially bhutesu difficult difficulty gives rise to ease. Difficulty gives rise to ease. Number three, a yachtie no lie azubi shack certainty is not removed by doubt, certainty is not removed by that. Number four, a normal user Oh La da da da da da da both of the mean the same thing more or less than that is the term is removed in Islam harm is removed, there is no harm in Islam. And number five, Allah Azza wa hakama the customs of the people are applied, customs of people are applied. These five, these five are considered the Kawai kulliyyah Cobra, the universal Maxim's of Islam, meaning that many, many, if not more, or less, all of the chapters of fact, they will fall

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into one of these five or more than one of these five, they apply everywhere. Right? Those are the universal Maxim's of Islam.

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Before we go into each one in detail, there is only one final issue that remains in terms of the introduction to the science and that is that all these Maxim's of fact are they in and of themselves evidence meaning that if someone comes to you and they want to know an issue, can you say to them that yes or no based upon this Maxim? Can you use it as a deal as an evidence in and of itself? Or must you use it and then refer back to the Quran and the Sunnah and say yes, because of this Maxim, but also then because it is based upon this hadith and this verse of the Quran. This is an issue of difference of opinion and some of the scholars said yes, these go in and of themselves these Maxim's

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the evidence is within our religion, because the scholars went through the whole of the shredder and they found that they applied to many issues. So therefore they must be evidences. And others said no, and the stronger opinion alarm soldier knows best is that you have to look at the type of Maxim if the maximum is based upon the wording of the Quran and the Sunnah, then you don't need to go and give her her the thoughts on because it's based on the Quran and Sunnah anyway, and if it's not based on an Asana, then it is not an evidence in and of itself, but it requires additional evidence in the Quran and the Sunnah. And by the way, when the scholars discuss each and every single Maxim

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be the universal maximum major maximum minor Maxim they always mentioned it's evidence from the Quran and the Sunnah. It is a maxim based upon this verse of the Quran, this Hadith of the Prophet sallallahu alayhi wa sallam well this issue and that it should they always mentioned, how it is connected and how it has been established in terms of its evidence.

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So let's go on to these five universal Maxim's The first of those universal Maxim's is an Omoro beam aka Cydia and Omoro Mima Cassidy

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fares are judged by their intention.

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And this is perhaps, you know, like one of the most famous, most well known, most widely used juristic Maxim, that we have out there. And moreover, maqasid

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Alomar is the plural of the word among

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others armor means an affair or an issue something right an affair an issue and so on. So, for example a lot of soldiers in the Koran he says, Allah in Allah He to zero or more indeed to Allah all affairs will return on issues will return. So it includes both actions and statements, words and actions fall under this

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this wording of a more widely use the Hadith of the Prophet sallallahu alayhi Salaam because it will go on and we'll see that one of the evidences and evidence the primary evidence that this whole Maxim is based upon is the hadith of Ramadan, the Allah one in the Mullah Mr. Lubin, yet indeed your actions are just by intention. So some of the scholars said that they didn't use the word in our Malou Binya at all our men will be more considered here. Because Amma refers to your actions, your physical actions, right refers to your limbs and what you do. Whereas an Omar is more general, refers to your statements refers to your physical actions refers to the state of your heart refers

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to everything, everything is judged by your intention so because it is a more generic, more comprehensive, inclusive word, they use that wording instead. A large soldier for example, says what he learned he labeled summer work you will have what you need here your general number column to Allah belongs the unseen of the heavens and the earth, and all of your issues and affairs will return to Him. And allies though Joel says about Pharaoh, woman umuofia wannabe regime and the affairs of Pharaoh were not one of wisdom. So the word means an affair, an issue and so on and so forth. And Omar Mima can see the, the word maksud Omakase. It is again a plural and it is the plural

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of the word max. And Max, it means an intention, what you have conviction in. Now an intention is something which you don't just think it's not just a thought that comes upon you. It's not just a fleeting whisper, or a thought or a desire. an intention or a conviction is something that your heart is firm and set upon doing. So we have that famous Hadith for example of the prophets on allow it will serve them. And as mentioned in the collection of the 40 hadith of Unknowing, where the Prophet sallallahu alayhi wa sallam said that if a person hammarby emelyn, if a person has a firm conviction to do a good deed, and then they don't do it, how much reward do they get, they get one

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reward. And if they do it, then they get 10, to 700, to many more than that. And if a person has a firm conviction, to do an evil deed, and they don't do it, meaning they leave it for the sake of Allah, then Allah writes it as a good deed. And if they do it, then it is written as how many evil deeds as a single evil deed, right? This wording of the Hadith of the prophets on a lower so what is it referring to? referring to a firm conviction and intention, such a thought, right? Because a large social is the process that I'm set in but the Hadith Allah azza wa jal has forgiven for this oma mahad does that big enough, sir, that which the oma or that which people think to themselves,

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your thoughts, when you think you know, you come and you think of doing something, sometimes it may be haram may be something which displeases Allah, something which maybe you see and you're like, ah, if only I could do that present something you actually want to do, just the thought that radon brings into your head. That's not something which is accountable in Islam, Allah has forgiven that from his mercy. What is accountable is an intention, what is an intention, it is a conviction, something your heart is set upon doing. So when you're set upon doing something, that is what we are referring to as in a mock set, right. And that is when you want to do something, you want to bring

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something into being you wanted to actually change, not just something within your heart, but something that you want to translate into reality, as well.

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So the word al amore

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is a comprehensive, inclusive term. It includes your actions, includes your statements, and includes what you inside your heart where you actually wanted to do. For example, a person you know will react or below within their heart, they have the firm conviction and the firm intention that they want to go and drink wine. They've made that into this something that they're going to do. So they set out from their house to go to the local supermarket to buy some wine to drink, but then on the way

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They see a friend. And the friend comes and he's like, Where are you going? And you know, they don't want to say they're going to buy wine so that I go we're going to the masjid, right. Went to the masjid says, Okay, I'm going to the mission as well, let's go together. So this person stuck right within their heart, they made the firm conviction that they were going to do Haram. What stopped them wasn't that they fear Allah? Was it that they thought no, it's Haram, what stopped them or stop them or something else that just happened to come in the way that is a firm conviction that allowable hold someone to account for, if that person had set out, and then on the way for the stuff

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that Allah Haram, how can I do such a thing, it's displeasing to Allah, and they change that intention. Now that's where the intention is rewarded. But when a person has a firm conviction and the seller to do it, and then they stop by the dunya, just life something happens and they stopped, that intention is still held to account. Right. And that's why some of the scholars you know, they see often in their books, for example, if you're praying in your Salah, and you have the firm conviction in the Salah, and you pray in Gemma's congregation, you have the firm conviction in your heart that you've broken the prayer. So if you like that's mad to pray, the prayer is nullified, are

00:46:11--> 00:46:24

not praying anymore. Your prayer doesn't count. nullified. Because it wasn't just a thought for something shape on bought as much as the whispering is something your heart had conviction upon. And you thought that even in fasting,

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you're fasting is Ramadan, and in your heart, you say to yourself with firm conviction, I've broken my fast, your fast is broken. Even if you don't eat you don't drink you don't you wait all the way to the far to eat and drink doesn't count because you made that firm conviction. So the intention is one of those things that works both ways. And that is why it is so important and it has such a place within our religion or obviously, it is also the part that determines your sincerity to Allah subhanaw taala and that sincerity then obviously determines the amount of reward that you receive as well.

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So some of the scholars of Islam, they said therefore, that the wording there should have been used is the wording of the Hadeeth more than single or more of a mikaze the higher we should have used the word in the Hadith Allah man who have been yet and others from amongst as follows said no, because the issue of intention refers to something which is in the heart, we should have said last hour, but in Lavinia, there is no reward except based upon your intention. Because the person can perform a deed they can pray physically, they can fast physically, they can give us a car physically, they can go and perform Hajj physically, and so on and so forth. But it doesn't mean

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that they will be rewarded. Right? It doesn't mean that they will be rewarded. However, many of the scholars are of the opinion that it should be this wording because it is inclusive, and it deals with not only the intention, the sincerity aspect, but it also deals with the physical aspect and the practical aspects as well. And so therefore, it is something which the squatter said that they will or many of the scholars kept to this wedding. And that is that the wording is a little more Ruby capacity here that our affairs are judged by their intention.

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So affairs are judged by their intention. So for an example and some of these examples are mentioned within the Sunnah. The Prophet sallallahu alayhi wa sallam mentioned a person who for example seeks knowledge right one of the first people that alarmed So in general, but hold to account a normal piano and throw them into the fire alarm so you'll see was from that is a person from amongst them is a person who sought knowledge and recited the Quran. And likewise a person who gave charity and likewise the person who fought for the sake of Allah Subhana, WA Tada. Each one of them apparently did an action which is good, which brings them close to Allah, which is a righteous team. But when a

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large social holds them to account, he will hold them to account not only for the physical deed, but he will also look at their intention. So it will be said for the party for the one who cited the Quran and so knowledge Why do you do so? And he will say well not to please you. And Allah will say to him contempt you lied, but rather you did so so that the people will say you will learn in your knowledge about your reciter then Allah will order he will be thrown into the fire. And the one who gave charity, why did he give charity have a lot to please you. Allah will say corrupt you line, but you did so so that the people will see you're generous, you're kind you're giving and that's what

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they said. And then he will be thrown in the fire. And the one who died in the path of Allah why'd you do it to please your Allah, you lied? You did so so the people say you're brave and you're courageous, you're a hero, and so on and so forth. And that's what they said and you will be thrown into the fire. So therefore, sometimes the person is performing an action. The apparent action is for us to judge upon. Someone comes in they pay for a cause a lot of time in JAMA. Did they pay for this they predawn? That's what we do. We judge upon people's apparent action.

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They fasted the month of Ramadan, they fulfilled the obligation of Hajj and Umrah they gave this occur this year and so on and so forth. But in terms of its acceptance in front of Allah, there is between them and Allah azza wa jal. And that's why the scholars say that actions are divided into those two elements. One is the element that we judge to each other, has your obligation been lifted, have you filled your duty as a Muslim, your responsibility that Allah placed upon your shoulder, that's what we judge upon. Right? That's what factors first looks at. It's Haram. It's halaal, it's worship, it's is not allowed, and so on, and so forth. And then the other element is whether it's

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actually accepted by Allah. And that is why the companions of the Prophet sallallahu alayhi, wa sallam rhodiola, were anointed Marian, they would often speak about how their actions may not be accepted by Allah. And if they knew that only a single action was to have been accepted by Allah, they would place where they would have placed all of their trust upon the deed, that action why, because no one knows whether Allah will accept their deeds or not. And Allah says in the Quran, in Nehemiah Taco Bell, Allahu

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Allah only accepts the deeds of the righteous and the pious. So therefore, that is something which, you know, and that's an example, person seeking knowledge or doing some type of God, and you don't know what it is that they're doing.

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Or maybe not something as sinister. But sometimes what we have is people that are doing the same action, but they're doing it for different reasons. For example, someone's fasting, one person is fasting, or they haven't eaten since the morning, because they're just not hungry. Right? There's no hungry, they didn't make the intention to fast. They're not fasting to please Allah. They just didn't, they just hungry. Or maybe they're poor, they don't quite, they can't find any food. So they're fasting because of the situation. Another person is fasting, they haven't eaten or drank all day, on medical advice, they have some kind of procedures, some kind of operation, some kind of

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thing that they need to undergo. And part of the guidelines that they were given is don't eat, don't drink. So they're fasting. But it's not an act of worship. And the third person who is fasting also, but they're doing it to please Allah, they're performing unnecessary bother, they're performing an optional optional deed of fasting to please Allah subhanaw taala. For example, a person gives money, you see someone giving money to another person, is that action? sadaqa? Is he giving him charity? Or is that action a gift is a hadiah? has given him, you know, like, a gift from one person to another? Or is it something more sinister? Is it a bribe, this person giving him money to bribe him because

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he wants something from him? What is the thing that determines what that action is? It is based upon your intention is based upon a person's intention. And likewise, prayer person comes in pray, or they're praying for the prayer, or they're praying on option on prayer, you know, and so on and so forth. All of this is determined by what is determined by a person's intention. So therefore, you see that in many, many of the chapters of fact, on many, many spheres of life, this is something which has a practical application, for example, in the way that we deal with our spouses, with our children, with the people that are around us. You see something and a person gets offended. you

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apologize, and they're like, no, but you meant to hurt me. And you say no, I didn't mean to offend you. I just happened to offend you, but it wasn't my intention to do so. That intention plays a role. Alarm soldier knows best whether you were truthful in that intention or not. And that is where learn soldier says in the Quran. Belen insurnace Allah and FC Hema 010 every person knows the true state of their own self, even if they make excuses apparently. So you know, deep down whether you intended to offend or not offend, you know, deep down, whether the action is to please Allah or to please someone else. You can see what you wish and you can make every excuse but you know, and Allah

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subhanho wa Taala knows. So this is the first universal Maxim and Omar aubema placidia affairs are judged by their intention. There are many many Adela many, many proofs from the Quran and the Sunnah. And because it is mentioned so many times and because so many times that is the reason why the scholars call it a universal Maxim. From the Quran. Just by way of example, from the Quran. We have the statement of Allah subhanaw taala in Surah Nisa, when when you forge membayar to him or her ziyan on it Allah He was solely the mood recoil mount for the worker, Roger who and Allah, Whosoever leaves from their house, migrating for the sake of Allah subhana wa Taala and then death comes upon

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them, their reward is with Allah. The reward is revenue with Allah subhanaw taala. That person now who migrates and obviously in the time of the Prophet a sudden people were making that act of migration from Mecca to Medina and so on. That act of migration of leaving your family, your

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You're home and so on and migrating was to please Allah, or was it to please someone else? Right? Was it to please Allah? Or was it to please someone else. So this is something that Alonzo which was referring to in the Quran, saying that the one who does so sincerely with the intention of pleasing Allah, they will have the reward in the sight of Allah subhanho wa Taala. Allah soldier says, For example, also in Surah, Nisa, Montana, you will need a thorough but dunya friend, the length of dunya will, Whosoever wants to reward a reward of this life, Allah has the reward of this five and the next one. So when you perform an action is to gain some worldly God, or is it to gain some

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reward of the hereafter. And that's why when a person has an intention, and they make all of their affairs, pleasing to Allah, subhanaw taala, Allah will reward them for everything. And there are many a hadith in this regard. So for example, the prophets on a low annual Selim told us for example, that even feeding your family is an act of God, it's an act of sadaqa. But only when you have that intention, if you're just feeding them because you know, you're the man of the house and you're wherever the mother is cooking, which is feeding a family. It's okay there's nothing wrong with that's not Haram. It's just something which you do as a mother and a father and so on and so

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forth. But if as well as doing that action, you had the intention, that no, this is something that I will do to please Allah, the everyday normal action is now transferred, or change transformed into an rabada an act of worship. And that's why we often have within the sooner the prophets on a loved one, it will send them sometimes the companions they would pray someone, maybe he was martyred in the battle or something like that. And the Prophet Sanam would say, no, this person is in the fire. The Companions only know what's apparent, they only see what's going on. But Allah azza wa jal told the process and even gave him that revelation, then all this person's intention was impure, whereas

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another person would sin, and they would be punished. And because of their Toba when one of the companions would make a, you know, a belittling statement, or they would say something about that companion, the Prophet sallallahu alayhi wa sallam would rush and defend that person, even though they performed a sin and they've been punished for it. They performed a crime in the standard they've been punished. The Prophet Solomon would say concerning the Toba, that he was sincere, or sometimes he would say that if they're Toba, they repentance was to cover all of Medina, he would cover all of it right? It would cover all of the people of Medina because of its sincerity. So all

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of this, where does it come back to it comes back to the issue of the heart. And Alonzo just mentioned this in the Quran, in a number of places in the center of the Prophet sallallahu alayhi wasallam. We also have a number of examples where the professor Sonam speaks of an intention from them is Hadith a variation of the Allah one which is mentioned in our body and Muslim that from the signs of human piano is that there will be an army that will come to attack the Kaaba, there will be an army that will come to attack the Kaaba, and Allah will open up the earth and he will swallow them into it. And amongst those people will be people who just happened to be in that area, then one

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part of the army, they want to know because when the earth swallows people up, it doesn't differentiate between this and that person, everyone gets swallowed. So the Prophet sallallahu alayhi wa sallam said, then the people will be resurrected according to their intention. Those people that were forced, and they were dragged into the army, those people who actually willingly went into the army, those people just happen to be in the area, they were innocent bystanders. Allah will resurrect how each one how, according to their intention, and they will be judged according to them. So the profits on the lower Learning Center speaks about this issue of intention, the hadith

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of Saudi Arabia will pass for the Allah and also in Bukhari and Muslim and so on, we have the statement of the Prophet sallallahu alayhi wasallam, you will never spend anything for the sake of Allah, except that allow more reward you for it, even the food that you put into the mouth of your wife. Right? So what is the operative statement here, that you seek the pleasure of Allah meaning you have the intention, that it's a bad you pleasing Allah subhanho wa Taala. And there's that issue, or that intention, that sincerity in the heart that makes everything into an act of worship, it makes it into an rabada. And then we have obviously the most famous of those ahaadeeth which is

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the hadith of Armando the Allah one that we've referred to already a number of times, in them Allah May Allah be near to enamal equilibrium man, our every action is judged by its intention and every person shall have that which they intended. And the Hadith goes on,

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that whosoever migrated for the sake of Allah and His Messenger, then their migration is for Allah and His messenger and whoever migrated for some worldly purpose or to seek a woman's hand in marriage, then their migration is for what that which they migrated for. Some of the scholars said that this hadith is because there were some people who migrated or a certain individual migrated from Mecca to Medina.

01:00:00--> 01:00:39

for marriage, he was a Muslim and he migrated, but it was because he wanted to marry someone in Medina. So when this was mentioned to the Prophet sallallahu alayhi wa sallam, he mentioned this hadith. It is upon your intention, Allah will judge you based upon your intention. And because of the importance of this Hadith, Al Imam Al Bukhari Rahim Allah He mentioned it as introduction to say, this is the first hydrothermal Bihari scholars remember shafia Nima Rama used to say that it is a third of knowledge that all of Islam goes around three Hadith This is one of those three. And then the memorable Hydra mala used to say that this hadith is one of the greatest, most comprehensive,

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most beneficial Hadith of the Prophet salallahu alayhi wa sallam, and other scholars like Abdul Rahman Rahim Allah is to say that this is a hadith that every book should begin with, and every chapter should begin with. So the scholars praises Hadith and they spoke about it in a great amount of detail. What does this show this Hadeeth this general principle shows therefore, that we

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have to purify our intention, that the intention has a dual purpose. Number one, it is part of sincerity. The intention determines your sincerity. So a person who sincerely worships Allah subhanaw taala comes to please Allah azza wa jal, Allah subhanaw taala will look at what he will look at their heart and their sincerity and the level of their intention. So that's the first purpose of this principle. But the more practical application, and the one that we use, in fact, is the second one. And that is the intention will determine what it is that your action actually comes from. So for example,

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differentiating between the harasser, both of them are for both of them upgrading the database, they have different times, but if a person was to miss one time, and come and pray later on, how would they differentiate between the harasser they will differentiate based upon their intention. For example, they will differentiate between the different types of similar prayers based upon their intention for a person comes into the mission for Salah to learn and they pray to Rockers, are those two records from the two records of Tahitian Masjid? Are they two records? You know, because the missed version and the print version now are the two records which are part of the sunon robotic of

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the Salah or Serato her What are those two Sooners are those two kinds of Salah form and they also helps you to differentiate between what is an either a general habit and between what is an act of worship. So for example, taking a shower of awesome bathing. Sometimes people bathe because it's hot. Sometimes people bathe because that's the norm they do it every day. And sometimes you bail because there is a religious obligation to worship a large soldier like on a Friday or after marital relations and so on and so forth. What is it that differentiates all of this? It is a person's intention and that is why the scholars have spoken about it in so much detail. There are a few

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issues definitely shall and then we'll stop for for a break from facilitate. What is the intention? What is the place of the intention, the place of the intention is the heart

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and that is where the intention is mentioned and it is not mentioned that the Prophet sallallahu alayhi wa sallam ever spoke and intention out loud except on a couple of occasions. The first is in hajj and umrah where he would openly say the intention, you would see the big Allahu mamre the big alarm hedge and when he would go to the Meerkat, and the second is on sacrifice. When he would sacrifice his animal slaughter his animal. He would mention his intention out loud he would say Oh Allah, this is for Mohammed and for the family of Muhammad sallallahu alayhi wa sallam said he would say out loud, and some of the scholars even said that that action or that statement out loud, isn't

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him sing the intention aloud. It is actually a part of one of the recommended aspects of that question. meaningless part and parcel of that worship is not him saying it out loud in terms of saying the intention is actually something which is legislated in and of itself, as part of that worship. But even so, the point being that the vast majority of deeds, their place, and the intention is always in the heart. So if a person was to say something, but their heart has something else within it, which one will be going to take, we're going to take their heart right. So therefore, the place of the intention is within the heart and that is where the intention is made.

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And that intention,

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will then intention that is there is made within the heart, sometimes it is, it is worship, and sometimes it is recommended. So it is worship. For example, in that which Allah azza wa jal has made obligatory, whenever you perform an act of worship, you must have an intention that you're worshiping Allah sincerely and purely. And if it's, for example, an obligatory act of worship, you must have the intention for the obligatory act of worship, that we're going to praise Allah to Muslim. We're going to

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placed on a two door that are investing in the month of Ramadan by performing hajj, and so on and so forth. And it is recommended to have that intention to worship Allah subhanaw taala in all of our affairs in which we can see closeness to Allah. So whether it's feeding our family, whether it's working for a halal risk, all of those things that can become very bad that an act of worship is recommended that we train ourselves to do so.

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The final thing that I want to mention is some of the minor Maxim's some of the minor Maxim's that come under this universal Maxim. So this is the universal maximum capacity, her affairs are judged by the intention. However, there are many minor Maxim's that fall underneath it. So I'll mention just a couple of them, by way of example, and I'm not going to go through many, because there are many that we can mention, but just so that you will know that you will know some of them. The first one, or the first example is

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when it comes to contracts, contracts is to do with the wording of the contract, or the intention of the person making the contract. This is a party, a party.

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So this party that some of the scholars wise mind a maximum because the scholars differed over it. Is it the wording? Or is it the intention? So some of the scholars said it is by the wording, or the set it is by the intention? Those of the scholars that said that it is by intention, they said that it is a minor maximum that falls under this, why is it minor? Because it only refers to a certain issue? What is the issue? contracts? Right. So it's a minor Maxim, therefore, is taking the same principle as the major universal Maxim, but it's only applying it into a narrow issue, supply on to a specific issue. So for example, this issue here is to do with contracts. So for example, me and

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another brother, we have a loan agreement, we have a business contract, we wrote a contract. But my intention at the time of writing was different to the wedding, I didn't really pay attention to the wedding, I meant something else. Right? And this brother meant something else. What do we refer to? Do we refer to the parent wording? Or are we going to go back to the intention, what was your intention at the time of making the contract this is what this call is different over. And because of the difference of opinion, that is why it is also a minor Maxim, because there was a difference of opinion. But those scholars who said, for example, that it is based upon your intention is your

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intention that counts, they would say that it is a minor maximum that falls under the scope. So therefore, a person's intention is always taken into account. And that means that a person must know obviously, that a large soldier knows what their intention is that aligns with hearing or seeing or knowing something they can just lie about, and someone alone will know. And if they do something by which they take other people's wealth and their rights and justly, then Allah will hold them to account for that in this life and the next. But the point is that because we have that trust as Muslims, we all know one another, we trust one another. There's the issue of brotherhood and mutual

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love and compassion. We asked the person what is your intention? He says my intention was A, B, C, and D. And we said, okay, we go back to your intention rather than the wedding. And others follow said, No, we stick by the wording, because that's what they wrote down. And people even though we expect them to be honest, and so on, the fact is that many are dishonest. So when we allow people to just change the contracts by their intention, then it takes people's rights away and so on and so forth. The point is that it is an issue of difference of opinion. Another minor Maxim that would come under this, some of the scholars mentioned, is the maximum length However, in lab, Binya reward

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is only based upon intention. And the reason why the scholars differed over this one is because they said that the issue of reward is for Allah. It's not something we can judge upon. So it doesn't have any place within the science because this science, what are we dealing with? We're dealing with practical issues, do's and don'ts, halal and haram, things that we can judge upon, but a person's intention, that's not for us to judge. We don't know whether our deeds or someone's deeds are accepted or not accepted, whether the reward is follow half or less or more, that is between them and Allah subhana wa Tada. So this is another minor Maxim that we're not going to get involved in

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because it's not something which which is pertinent to this discussion, or the sponsor said no, it is something which has an element to play. And why is that a minor Maxim because it deals with only a certain issue, what is the issue, the issue of reward, right so it's something which pertains to that slight issue some of the scholars will say it is a major Maxim because the reward is something which falls under many topics as well but I think you get the point that you have these universal Maxim's and then these minor Maxim's which are smaller, they apply to smaller issues, but they also fall under the scope of the universal maximum as well, and that is the first of the five inshallah

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Tada. I think we'll break there. And then we'll come back and we'll go over the next four after Salatin model welcome

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what are the early years, some years right?