Ahsan Hanif – Qawaaid Fiqhiyah Pt 2

Ahsan Hanif

This talk was given at the Green Lane Masjid on March 26, 2017.

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The importance of ease in praying five times a day and avoiding unnecessary obligations in Islam is emphasized in Islam. Pr practicing conservative practices, like avoiding drinking alcohol and following customs, is crucial to protecting privacy and achieving their beliefs. The pandemic's impact on the economy and the US dollar exchange rate is discussed, as well as the potential impact on the manufacturing sector. The speaker concludes that the pandemic's impact on the economy and the US dollar exchange rate is uncertain, but the potential impact on the manufacturing sector is discussed.

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			sonamarg Mottola whoa Baraka
		
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			Milan from the de la salatu salam ala rasulillah
		
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			aqui woman wa seldom at the Sleeman kathira my back
		
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			before the solder we were speaking about we're giving we began this introduction to the science of
applied for clear juristic Maxim's and we cover the introduction and a number of introductory
matters and then we spoke about the first of the five universal Maxim's the polarity the colonial
Cobra, which the scholars have agreed upon more or less unanimously that these are the five major
Maxim's and principles through which most of the issues of fecund most of the Messiah are returned
to and they fall under. And we spoke about the first one before the solder first of the five, and
that is an immoral democracy, the actions of affairs are judged by their intention, we come into the
		
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			second of the five the second universal Maxim, and that is the maximal mashup potentially booty See,
difficulty gives rise to ease. And what this means is that the Sharia is inherently easy, that Allah
subhanaw taala has made things easy for us and the texts of the banana unauthentic sunova profits on
a long island will seldom go to support this position, that our Sharia is inherently easy and
whenever some undue burden, some difficulty comes up on any individual, then there shriya has within
it built within it means of ease and facility, facilitation of ease that will come about at those
times. And this is from the mercy of Allah subhanaw taala and from his kindness and generosity upon
		
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			us, that a lot of social has made our shehryar easy for us, socially is easy in two ways. The first
way is that the shitty are in and of itself is easy. What a large soldier has obligated upon us is
easy. So lots of penalties. For example, as we all know,
		
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			for example, the famous story of the obligation of salah and the prophets on a lower it was cinnamon
on the night journey, this random Mirage and he spoke to a loss of panatela and a lot obligated upon
him. 50 Salah 50 Salah every day and night 50 prays every day and night. And then the prophets on a
lower it was Scylla mercy he was returning he passed by the prophet Musa alayhis salam. And the
Prophet Musa asked him what did you learn or do you with and the Prophet sallallahu alayhi wa sallam
replied with 50 prayers every day and every night. And that means in practical terms in a 24 hour
day that we would be praying more or less every half an hour, less than half an hour. It will be
		
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			time for Salah. So within like we just finished a Salah within the next 1520 minutes we will be
getting ready for the next Torah and so on and so forth at work during the night when you're asleep
and you're with your family when you're shopping on holiday traveling. That's what the original
obligation of Salah was. So the Prophet moosari Sanam told our Prophet sallallahu alayhi wa sallam
that you will not be able to do so. So go back to Allah and ask him for a concession to make it
easier. So the prophets on a lower it was sent him returned on Allah change the obligation of solid
245 and again musante Sallam told him to go back and change to 40 and he kept decreasing in
		
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			increments of five until
		
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			it came
		
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			to five follow what? So that thing or the Sharia being inherently easy is in the way that it is that
our last panel data has legislated. I will show you that for example in Salah we pray five times a
day and night instead of 50 Zakah we give once a year instead of once a month or once a week and a
lock would have made it once a month or once a week had he chosen to do so. We paid 2.5% in Xetra
could have been 20% could have been 10% we pay more tax than we pay more than we paid the cap and
unlock would have increased it had he wanted to do so Ramadan rather than fasting one month of the
effects two months three months four months of the year for Allah had wanted to quit I mean, in our
		
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			obligation, the Hajj to companion came and he said O Messenger of Allah I frequently am is has an
obligation upon every upon us every single year. The prophets on a lower lingual Salaam remain
silent, the compiler repeated or messenger of Allah, every year we have to go and make lunch. The
Prophet sallallahu alayhi wa sallam replied, If I said yes, it would become so and you wouldn't be
able to do it. So leave me alone when I don't speak to you. Meaning when I remain silent on an
issue, don't ask don't prompt don't look, I if it was an obligation, I would have told you. And if a
large donation had made imagine had an obligation every year with the amount of money and time and
		
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			effort it would take. And the numbers of Muslims There are even if it was obligatory every five
years, 10 years, 15 years. So the Sharia is easy, inherently It is easy. So what does that mean? How
do we know it is inherently easy, because the vast majority of Muslims unless they have some other
external issue or problem that we will speak about shortly. But generally speaking, every Muslim is
able to fulfill the obligations of Islam. So we know it's easy. Muslims can pray five times a day if
they choose to do so Muslim is fast in the month of Ramadan all over the world. Muslim is paid as a
carer when there is an obligation upon them to do so. So the general Sharia is easy. So alaric xojo
		
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			being the Lord and the creator and the Sustainer of everyone, he knows better than us our abilities,
what we can bear our skills, what we are able to do and perform and alarm social media in such a way
that it is not overburden upon us or too difficult it is is. And the second way that the Sharia is
an easy also is that when there is a genuine reason for you not being able to do something, then a
large surgeon has made concessions and ease within the Sharia as well. So if you're traveling there
is ease if you're ill, there is ease if there's some issue that comes upon you, this Jerry and I has
built within it, a facilitation of ease for you. And that is all from the mercy of Allah subhanho wa
		
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			Taala so this is the second of those universal Maxim's when the scholars
		
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			went through the chapters of fic and they look through the hundreds, if not 1000s of issues that the
Sharia speaks about. And they look through the the the text of the Quran and the Sunnah, they found
that this was an overarching Maxim was something that you find throughout the Sunnah throughout the
religion to Sharia, and that is that it is easy, Allah Subhana Allah has facilitated ease for us.
And this is mentioned in the Quran. It is mentioned in the Quran in general terms and as mentioned
in the Quran and the Sunnah in specific terms. So as I said, the religion is generally easy, and
then ease is built within certain issues depending on your circumstances. Both of those aspects,
		
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			they are mirrored and mentioned within the Quran and the Sunnah. So they shouldn't have been
generally easy Allah Subhana Allah says, you read the law will be common. Yusra, whether you read ob
kumala rasa masucci Rahim Allah says this verse, it is the essence of this Maxim that Allah wants is
for you. And he doesn't want difficulty. allowance though he wants is for you in your religion, and
he doesn't want difficulty. And likewise, the verse in Surah, 201 manager either la confit dinheiro,
Allah has not pleased upon your difficulty within your religion. And the Prophet told us sallallahu
alayhi wa sallam that this religion is is in the Hadith in Sahih Bukhari this religion is ease and
		
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			no one will seek to overcome it, except or make it difficult upon themselves, except that the
religion will overcome them. Don't make things difficult for yourself. Allah has made it easy for
you. And that's why when the companions would come to the profits on a long way it was sell them and
they would say or messenger of Allah, I can fast every day, I can pray all night and so on the
Prophet sallallahu alayhi wa sallam wouldn't allow them to do so. He would tell them to be easy on
themselves because yes, maybe you can fast every day and pray all night for a year two years for
while still young and healthy. But there will come a time when it is too burdensome upon you. When
		
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			The profits on the low while he was selling King to a companion, who was on who thought he was on
his deathbed, he thought he was going to pass away, and he wants you to give his wealth and charity
wants you to earn some good deeds before his passing. So he said, O Messenger of Allah, I want to
give all of my wealth and charity, the process, Adam said, No. He said, okay, messenger of Allah,
half of my welcome child. He said, No, he said, a third of my wealth. He said, a follow through was
through through Kafeel, give a third, and a third is more than enough. And it's better for you, that
you leave the rest of your wealth for your family and your dependents, rather than them becoming
		
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			poor, and having to beg from others. That is within the religion.
		
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			of the law, when I used to say that the Prophet sallallahu alayhi wa sallam was never given a choice
between two things, or a choice between two paths, except that he would choose the easiest one of
the two, so long as it was a Haram. So long as there was nothing that displeased en la, no
prohibition involved, he would always choose the easy of the two paths, and to take the ease, it is
from the religion and the Prophet Allah sallallahu alayhi wa sallam that Allah loves it, when you
take his concessions, when Allah has made something easy for you, Allah loves that you take it from
misconceptions, because it is from the mercy of Allah subhana wa Tada. So, Alonzo region has built
		
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			within our religion is there is in a general sense, the religion is easy in all of his different
aspects. So even for example, in terms of, you know, eating and drinking, what is haram is very,
very little concerning when you compare it to what is Helen, Allah said in the Quran, who will know
the Hala palaka mafia or the geneon everything in the earth was for you, meaning it's not halal for
you. And a large religion says Kuru may not pay you back. Eat from all that is good, meaning
everything is good, except what Allah has said is haram. So Allah said, Don't drink wine. Allah said
don't eat Korean meat, meat and dies without being slaughtered. Allah said, don't eat certain types
		
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			of animals like pigs, and other types of animals. These are the ones that you stay away from
everything else is held on for you. In business transactions, buying, selling, loaning, everything
is hollow, it's okay. But there are certain things to stay away from, don't lie, don't cheat, don't
get involved in interest, don't buy and sell things which allows me Tom like alcohol and so on.
Everything else has had Alfie. So the shadie are in and of itself, inherently built within it, there
is ease and then there is ease also built within certain situations. Because as humans, we go
through situations, situations arise and come upon us and those situations sometimes dictate the way
		
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			unable to fulfill our duties. So Larissa, we just said in the Koran, yeah, you're living in a man
with a boon to Milla Salah when he Stan and you want to pray, make Waldo and Allah goes through the
whole of Moodle. But then what happens if you can't do it? If you're unable to make Moodle, there's
no water whatever else for the memos are eaten by Eva, then make to him. So Allah knows that there
will be certain times when you can't make withdrawal. There's no water or there is water but you
have a health situation where you're not allowed to touch water. The water is no good for you, it's
going to harm you. So the profits on the lower line soldier in the Quran mentions make the mo the
		
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			Prophet Allah sallallahu alayhi wa sallam, selenia, Karima pray standing up for them to stop and
Farida. And if you can't pray visibly, you can't stand and pray, then sit down for him to stop it
for Allah gem. And if you can't do so, then pray on your side lying down, that's built within us.
Those are things that are built within certain situations the Sharia comes and makes it easy. When
it comes to fasting or losses when come to murder or Allah suffer if you are traveling, or you're
ill then you can break your fast break your fast and makeup and another day after the month of
Ramadan. So then the Sharia also speaks about these types of issues and the prophets on a lower
		
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			lingual seldom used to understand the situation of his own. And he himself would set with keep
setting things away from the amount of fear they will become an obligation and burdensome and that
is from the message of the prophets on a loved one he will send them when the law says well my son
in law committed in either mean we send the prophets on a lower it was sent him as a mercy to all of
the world's or people that part of that Mercy is that the Prophet sallallahu alayhi wa sallam would
see the level of his people and then he would
		
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			try to meet the Sharia in accordance to the level. The prophets on the lower end he will send them
set for example about the miswak we're not that it would be difficult for my Ummah, I would have
made this an obligation upon you for every prayer. Every time you have to make Sala is obligatory
that you take a miswak and you clean your teeth. But the officer center said I knew that it would be
difficult the process
		
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			On a low, it was seldom used to pray up a young male, and the companions would join him. And he
would pray in Jamaica in congregation, and he would make the prayer long. And every night the
professor said him would pray. But after two or three nights, he stopped praying and congregation
with the companions. So they said, O Messenger of Allah, why didn't you come and pray with us? He
said, because I feared that if we did it like this all the time, Allah would make it obligatory upon
us, it would be an obligation upon all of them. And the prophets of Salaam knew that his ummah
wouldn't be able to do so every single night, to stand and pray to Yama lane. Many Muslims struggle
		
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			to prefer to have little room stand and pray for your family. So therefore,
		
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			the Sharia is built within it is and the Prophet sallallahu alayhi wa sallam made it easy. So he
made it easy within and of itself, the commandments of the Sharia are easy. And the Prophet
sallallahu alayhi wa sallam used to leave certain things out of fear that they would become
obligations, and they would become difficult upon the oma as well. So what does this mean this
maximum we say difficulty gives rise to ease. Often I find people or we find that people have a
misunderstanding when it comes to these verses in these texts, because they'll come and they'll say,
for example, that fasting is difficult fasting in the summer months in the UK, 18 hours is
		
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			difficult. Playing federal waking up in the morning, three 4am in the summer months is difficult.
Making hands requires money and effort, and a certain amount of, of physical stamina from you. And
that is difficult. What the shear refers to when it says that there is no difficulty isn't the
difficulty that is associated with life. Everything that we do as humans has difficulty in it, when
you go to work, there's difficulty attached to it. When you cook and you clean at home, there's
difficulty attached to it. When you look after your children provide for them, there is difficulty
that is attached to it. Everything that you do as humans, everything that we do, there is some level
		
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			of difficulty that is attached to it. But that difficulty, or that effort is something which we can
cope with, we can bear it doesn't doesn't affect our health. Because if we did, there is a
concession for certain people who are affects their health doesn't affect our lifestyle, our well
being and so on and so forth. So these are things therefore that are not difficulty in that sense.
This is not the difficulty that the shittier is referring to. But rather the difficulty that the
shear is referring to, is when or affects you in an adverse way affects your health. It affects you
being able to perform those duties in the way that it is that it should be. That is when the Sharia
		
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			comes, and he makes it easy for you. So for example, there are six main ways that the Sharia makes
things easy. The first of them is that it removes the obligation from me. For example, a person
who's poor Kong gives a car to they have to pay soccer, not enough to pay soccer.
		
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			Isn't the town obligation isn't a pillar of Islam. Every Muslim has to fulfill the Pillars of Islam
and visa. Yes. But there are certain people that it's not an obligation upon because they're
physically financially unable to do so. So therefore, what is the Sharia removes it from them. When
they have the ability, it will become an obligation again, Hajj, someone hasn't performed, and the
old and infirm and they're weak and they can't walk and they can't go and perform hunch what is the
shoe they are say it is no longer obligatory upon you. A woman on for example, on her monthly cycle,
her periods, she doesn't have to offer the Salah, she doesn't pray. And those prayers she doesn't
		
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			have to make a video I say you remove the prayers, because it's a lot of press to make up because of
her cycled will last for a week or more. It's too much. So the shereena just said it's not an
obligation for you at that time. That is one type of ease that is in the Sharia. The second type of
ease is that it gives you something as a replacement. You can't do this to them instead. You can't
perform Waldo so make tmo so restaurant obligation to seek to purify yourself before saara. But now
because the water issue is difficult, now you make to him. You can't stand and pray and standing in
the obligatory prayer is fought it is it is a pillar it is an obligation. You can't stand Sit down.
		
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			You can't sit down, lay down. So what is the Sharia do? How does it give you ease? Sometimes it
removes the obligation and sometimes it gives you something in its place. It replaces it for you.
Number three, the third way that it makes things easy is that the Sharia diminishes the obligation
lessens it decreases it. So for example, when you're a traveler, you don't have to pray for a cause
for lower for us or for Russia. What do you pray instead? You pray to that is the Sharia and
lessening the burden, making things easy for you? So you don't
		
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			To go and repeat that prayer later on, when you go back home and pray us for know, you prayed your
vote and you're asserting yourself correctly, but what did they do in lessen the burden for you? The
fourth, and fifth way that it brings ease to shut er is that sometimes it allows you to bring
actions forward. And sometimes it allows you to lay them foreign five, bring it forward, or delay
it. For example, combining the prayers. When you're traveling, you combine the present certain times
when persons really ill, they combine the prayer and so on, they combine the prayer Lord with us on
McGreevy Russia. If it is easier for you to pray a lot and ask for a lot of time, you can bring it
		
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			forward. That's an easy in the Sharia. And if it's easy for you to delay it, and pray both of them
at a certain time, that's also allowed in the Sharia. And my question is mcraven, Russia, if it's
easier to play them both a Muslim time you pay them, if it's easy for you to delay them and play
them in Russia time you pay them a shot. So that flexibility that the shed era has given to those
people that wouldn't be given to a resident. If you're living here, this is your home and so on. You
pay a lot of overtime after a certain Muslim a Muslim time Russia and Russia time. But when you're
traveling, you have a valid excuse the now the Sharia gives you that flexibility. And number six,
		
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			the sixth way that it makes things easy for you is by looking at circumstances of necessity.
		
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			So for example, if a person is in a serious state where they have no food, and they have no other
way of seeking provision of food, except by eating something Haram, for that period of time, the
Haram becomes halon. So a person is about to die, they have no food, they have nothing. But then
someone says that all that we can offer you is pork and pork is haram in Islam. But for that
specific individual for that specific period of time and that certain circumstance, it becomes
harder for them, because for them, it's a matter of life and death. For them, it is a necessity. And
that is another way that the Sharia comes and makes things easy for you as well. So these types,
		
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			these are the six ways to make things easy. Number one, remove something, number two, replaces it,
number three decreases it number four advances brings it forward. Number five, it delays it or
number six, it gives you a concession for a necessity, those six, sometimes it is obligatory to take
them and sometimes it is recommended. So for example, if you're about to die, and you have no other
option except to eat something Haram, it is an obligation upon you to take that concession. You
can't say no, it's Haram, I'm gonna die. You have to take it as an obligation. A woman for example,
in a monthly cycle, she's not praised. I know I'd rather pray, I want to pray the Muslim with a
		
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			prayer. It's how long for her to pray, she must take the concession and some concessions It is
recommended for you to take. So for example, shortening the prayers while traveling, combining the
prayers while travelling, not fasting while you're traveling. These are recommended, it's not an
obligation, and the scholar is different. Is it better to take the concession? Or is it better if
you have the ability to perform the action correctly? That you do so this is an issue of difference
of opinion. But generally speaking, it is recommended that you take the concession
		
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			what are the reasons why we have concessions in Islam, the causes that will bring about these
concessions, there are six or seven. Number one is travel. Travel is a legitimate excuse in Islam,
it is a valid reason that will bring you concession and travel doesn't matter whether that travels
difficult for you or not. The Shira doesn't say for example, that if you're traveling first class,
right, you're going to a different country, but you're traveling first class, there's no concession.
But if you're sitting in the back of the plane and economy, then you take the concession doesn't
say, for example, that if you're driving an air conditioned car, there's no concession. But if
		
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			you're taking public transport or something, then there is concession. No, the Sharia law simply
says a journey of travel is something which gives you concession, what is the journey? What is the
limits and so on? That's the chapter. All right, that's what does gives you all of that information.
What are we doing, we're speaking about a principle that Shelia has built within it inherent ease.
So for example, the person who's traveling, they combine the prayer they, they can break their fast,
they can shorten the prayer and so on. The second valid excuse is illness, illness, sickness and
illness is a valid excuse in Islam, and it will give you certain concessions depending upon what
		
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			your sickness is. So if your sickness means that you can't use water, you don't use water. If the
sickness means, for example, that you confess you don't fast, if the sickness means, for example,
that odd occasion you had to combine the two prayers. Because of your situation you combine the two
prayers and so on, and so forth. sickness and illness again, the shadow doesn't
		
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			Come and tell you how to define the illness doesn't say that you need, you know, like a temperature
of certain such as your headache has to be so bad or something, it tells you if you consider
yourself to be ill, and you know, best yourself whether you're ill, right? So illness isn't, for
example, where a person says not only come fast, I can't pray or anything else. And then they go out
with their friends, and they're at work, and they're doing everything else. But no when it comes to
worshiping online sick, right, but if it's a genuine sickness stops you from going about your daily
routine, it's a sickness, then the Shira gives it as a genuine cause number three, and the camera to
		
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			be forced or coerced into something is a valid excuse. Someone forces you to break your fast and
loose a force. I don't mean like, you know, someone just says, do it or else right. I mean, it's a
legitimate coercion, where you fear for yourself to a life or some harm, and you're forced to do
something that is legitimate in Islam. And there was some companions of the time of the Prophet
sallallahu alayhi wa sallam, who used to be forced to say, words of shirk and kufr, even though
their hearts were content in their hearts, they were Muslims. But they were forced because they were
weak as Muslims, they were weak, and the orange would force them. And they would say those words
		
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			just to keep the hum from themselves, and the profits on a lower annual sentiment allow them to do
so. And I mentioned this in the Quran as well. Number four, the fourth valid excuse Miss Yang,
forgetfulness, if you forget, that's a genuine excuse in Islam. So you're fasting, as we all know,
you're fasting and you accidentally eat something you forgot that you are fasting? Does it break
your fast? No, it doesn't break your fast, right? You're not sinful for it, it is something which is
a valid excuse. Number five Gen ignorance. A person doesn't know the ruling. What this means
ignorance is that this person genuinely doesn't know. It doesn't refer to a person who has the
		
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			opportunity to learn and to ask, and they're like, I'd rather not know. Because then you know, if I
do something wrong, it's okay. Whereas if I asked when I find out, then I have no excuse. That's not
gel. But ignorance. For example, a new Muslim comes into the religion, they don't know when they do
something wrong. They have a valid excuse. Someone that hasn't studied that issue before something
new that's come upon them, they never came across the issue before. And it's something which they do
out of ignorance, that is something which they are accountable for. Number six,
		
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			something which you can't avoid, it is unavoidable. That is a legitimate excuse. So for example, in
our show, we are in the month of Ramadan, whilst you're fasting, when you make more dough and you
put water into your mouth and you spit it out. Won't there be small amounts trace amounts of water
still within your mouth that you will swallow? You can't ensure that every single speck of water
that came into the mouth came out of the mouth, you can ensure that there may be small amounts trace
amounts that are left within the mouth. This is unavoidable there is no way that you can ensure and
guarantee 100% that no water remained. So the Sharia doesn't look at this person goes to the
		
00:28:03 --> 00:28:44
			bathroom or chromic melodic relieve themselves and they wash and clean themselves. Can you guarantee
100% that there isn't a single speck of majesta or filth impurity left on you. You can't guarantee
that you do the best. And you're pretty sure you're certain but you can't guarantee 100% the Sharia
doesn't look at that. It forgives you for it. So things which are unavoidable. It's like difficulty
continent, Garan normal can be 100% all of the time, right? That's perfection. So those things
actually are also allows a number seven things that are, you know, like natural things that come
upon you. They are also valid excuse like children have a valid excuse because their nature as a
		
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			child is that they will make mistakes. Someone who's for example, has a sacred psychological
illness, they have a mental illness, for example, they have a legitimate excuse, right? Because of
the way that they will act in certain situations and disability. A person has a disability, they
have certain excuses to do certain things because of the way that they are. Right. So these are
people that the Sharia has given to them a concession
		
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			from the minor Maxim's have fallen to this universal maximum. I'm not going to go through this in
detail. But just to give you an example of some of them from those minor Maxim's is Aurora todorova
Daria. When it comes to these rock to these reasons why you take concessions to these issues of
necessity and so on, you must confine them to that period of need. So for example, if a person is in
need, they're ill, and they don't fast the first two days, on the third day, they find that it's
actually just easier not to fast or fast in the winter, the days are shorter. No, it is only for
that period of need. illness is for the period of illness. Travel is for the period of travel,
		
00:29:51 --> 00:29:59
			necessities for the period of necessity and so on. So this is an example of a minor maximum that
would fall under those major ones. The third
		
00:30:00 --> 00:30:15
			Universal maximums will be done to the first dozen or more Obamacare city officials just by the
retention number to mush up potentially booty SEO difficulty gives rise to ease. Number three the
third of those five universal Maxim's is a Latino
		
00:30:17 --> 00:30:56
			certainty is not removed by doubt. And this is something as an enormous God Rahim Allah has
mentioned it is something which also falls under many, many chapters of faith. And it is from the
mercy of Allah subhanaw taala. This Maxim is one of the greatest and best ways to close the door of
shavon. shavon comes and whispers to you and tells you that you haven't done something correctly or
that you need to ABC and D. One of the best ways of getting out of these whisperings of shavonne is
through this vaccine. certainty is not removed by that. What does this mean? It means that when
you're fairly short and certain that you've done something, doubt doesn't come and supplant that
		
00:30:56 --> 00:31:34
			certainty. We base our religion upon certainty. So if for example, you had widow for salatu salam,
and you played Muslim, and you sit here all the way to Asia, and then someone comes and says to you,
brother, go make will do for Russia. You have no reason, because you've sat here for monetary shock
to think that you will do as broken, didn't go to the bathroom, you haven't passed monochromic mala,
no reason for you to suspect that you will do is broken. Just because someone comes and tells you
puts that doubt, oh, go make Waldo. It doesn't remove the certainty that you're upon. Right? You
came into the machine you prayed mother. And you played with the Imam. Three records for more if
		
00:31:34 --> 00:32:12
			someone comes and says I saw you praying for a cause, not three. And acquitted this I get this from
like, If you prayed for people would have noticed they would have said something to you, they would
have said what you're doing what's going on. And this person you don't know for some reason he says
you prayed for that small amount of data that he brought, if he has nothing, obviously to prove it
and so on. It doesn't remove the suddenness the certainty that you have within your self. And that's
why our religion is based upon that principle of certainty. So for example, if you're praying, and
you're unsure, a lot, a lot, is this your second or your third Raka? What would you base it upon?
		
00:32:12 --> 00:32:49
			You will always base it upon certainty. So what certainty here is the lower amount? Because the
third one is the one that you're doubting? Is it two or three? You definitely notice two twos the
minimum, but it may have been the third one or you may not. That is what you do you based on the
certainty of to your making power off around the Kaaba, and you don't know how many seconds is your
third or your fourth, you consider to be your third? Because that's what you're showing off. So you
always take it back to the minimum. You're in the state of Ohio law, you're not in the state of
Ohio, you went to the bathroom, you clearly remember going to the bathroom and relieving yourself,
		
00:32:49 --> 00:33:26
			you're unsure Did I make one do after that or not? The certainty is that you're not in Moodle,
because you know, you went to the bathroom, and you're doubtful Did I make whether or not right? So
you always base it upon certainty. And when you do so much a bond then comes and says in your
priority, do you pray three or four, whatever, rather than worrying about shade bond and did I
denied you have a principle based upon certainty? Go back to the minimum and just carry on. And when
you do this, you close that door for shavon. Even if you had made a mistake, no problem, I will
surely have told you what to do. It's given you the way out. In that situation. You simply go and
		
00:33:26 --> 00:33:28
			you carry on from there.
		
00:33:29 --> 00:33:43
			And this principle of this Maxim this universal Maxim has its proofs also, for a fan within the
Quran and the Sunnah. from them is the Hadith in Bukhari and Muslim with the Prophet sallallahu
alayhi wa sallam concerning the person who who
		
00:33:45 --> 00:34:27
			who is in the Salah, and the unsure. Did they break the window or not? He said like I'm sorry,
Hector is Minnesotan, oh, your God Ha. Don't leave your solid don't walk out of your saara unless
you hear something or you feel something you know that you've broken your door but just simply
because chiffon comes this is maybe maybe perhaps and he's has these restraints and I know that
there are people may allow social safeguards from this the shaitaan comes in he plays upon them so
the whole ariba is justice they make will do 10 1520 times because every time they start cesano come
and say no, I think you know like maybe a drop of urine came out or maybe you broke your to some
		
00:34:27 --> 00:34:59
			window I'm sure there's something said Okay, no problem. Start again. And then shaitan will come
again and he will do this and then when you finish or this person finishes will do and they say
Allahu Akbar and start to pray the same thing you broke your door man you gotta start again no you
need to make Waldo No, you forgot to make will do properly you missed a part of your body when you
are washing you don't wash properly, or he will come and you'll say no, you only pray to you only
pray three, you only do this. So this person they're holding a better rather than worshiping the
last panel Tada. They spend their time worrying about these issues. And this is from the traps of
		
00:34:59 --> 00:34:59
			shape.
		
00:35:00 --> 00:35:37
			Why? Because she doesn't want you to worship Allah. And if you are going to worship Allah, you fight
those desires and you stand to pray and worship Allah or MC world or anything else, then he will do
his best to diminish the act of worship. He won't let you take any spirituality from it more than
your heart connect to Allah willing you seek any peace or tranquility or solace within the Salah.
Only those acts of worship, he will just play with you the whole time. And because of that, yes, you
prayed, but you didn't enjoy it and you didn't benefit from the Sunnah. So what do you do? You take
this far either, this is what the prophet sallallahu alayhi wa sallam would advise his companions,
		
00:35:38 --> 00:36:21
			close that door to shape and close the door off, and you simply go and you go about on your way. So
in under the Hadith, the Prophet sallallahu alayhi wa sallam said, if one of you is unsure as to how
much you prayed, did you pray to or did you pray three, the learning based upon three and continue
from there. So the professor send them would say to his companions, this is what you should do if
you're unsure, then you base it upon the eastern Alonzo just says in the Quran, in the Von Neumann
unhappy Shia conjecture of thought, visit remove certainty and the truth when you're certain about
something donorship on committees, whisperings and with these deaths. Now, this doesn't mean that if
		
00:36:21 --> 00:37:00
			someone genuinely comes in, they saw you make a mistake. And then right on All right, I have
certainty. I don't know. Someone comes as like a group of people. And they saw that you prayed your
federal three records instead of two. And the 6789 people and they all say yes, we saw up three, not
two normally sold down, no doubt anymore, because now there's evidence right? Will you see something
like this? someone tells you and they bring you evidence. So there's a number of people who witness
that has become certainty now, that itself has become certainty. So certainty, yes, it can be
removed by certainty. But the clarity that is, or the maximum is trying to tell you that it cannot
		
00:37:00 --> 00:37:06
			be removed by doubt. When that doubt has no basis from the minor Maxim's that we have under this
		
00:37:08 --> 00:37:44
			is therefore that the essence of the ruling is what you will last upon. Right? So if you're in a
state of will do and you have no reason to suspect that that will do was broken. That's the ruling
in World War. And if it's the opposite, you weren't in a state of Moodle. And you don't remember
making more dough than what's the ruling you're not in a state of Although, if you if you can't
remember, did I praise or deny pray, Lord, you haven't prayed? Because also is that you didn't pray?
That's the rule and that's the general rule is that you haven't prayed so therefore that ruling are
one of the minor Maxim's is that you always go back to the default position that you are upon, and
		
00:37:44 --> 00:38:23
			also from the minor Maxim's under this universal Maxim is a loss to Bara to them, the essence of all
people is that they are innocent. Right? Because that's also the general certainty that people are
born innocent. You're not born a criminal, you're not born doing wrong and oppressing general ruling
is that people are innocent, they haven't done any harm to anyone else. And that is why in Islam, as
within many other systems of justice, the evidence of the burden of proof is upon the one who
accuses the one who makes the accusation it's upon them to prove it because the author is that
people are generally innocent when it comes to the offense. That is the third of the five universal
		
00:38:23 --> 00:39:10
			Maxim's and European one is Zulu be shocked certainties. Not removed by the fourth universal Maxim
is la da, da, da, da, da, da, or another wording for the same Maxim of da da user, which means harm
is neither given nor is reciprocated. Or in the other wording harm is removed from the essence of
the Sharia is that it removes harm, doesn't allow harm. The Sharia itself is built in that way that
is preserved us from harm is preserved us from harm in terms of our beliefs. So we've been told that
we don't make sure we don't worship other than Allah, that is preserving our cleaner and our belief
system from harm. The Sharia has preserved our intellect from harm. So we're not allowed to take
		
00:39:10 --> 00:39:51
			intoxicants, drugs and so on, preserves our mind from from our bodies have been preserved from harm,
you're not allowed to harm someone to hurt them to kill them, to injure them. Our bodies have been
preserved from how long in the shipyards how long to harm someone. Our wealth has been preserved
from how long to deceive people and key people and steal from them and take interest and so on. That
is preservation of our wealth. And our honor has been preserved. So slandering, backbiting,
swearing, belittling people by calling them names and so on. That's also Haram. So the Sharia in and
of itself has built within it, this principle that people shouldn't be harmed. And the clarity that
		
00:39:52 --> 00:39:59
			are the maximum the universal maximum you find throughout the chapters are being applied, is that we
are not allowed to harm people.
		
00:40:00 --> 00:40:40
			nor can we reciprocate with harm. So harming is that you initiate the harm. You go and hurt someone
you kill someone you injure someone you steal from someone you back by someone you slander someone
that's Haram in Islam. And it's also haram to reciprocate harm. So just because someone came, and
they stole my wealth, I'm going to steal his wall. He stole my car and went to steal his car, or he
did something to me, I will do double the amount to him. reciprocating Haram is also or harm is also
Haram in Islam. That doesn't mean that they're not ways, obviously to take your rights, we have the
judicial system, you go to court, you go to a judge and so on and so forth. That's a different
		
00:40:40 --> 00:41:25
			issue. Because that is a harm that even if there is a hormone that is taken a right through its
proper means, what the maximum is saying is that it's not allowed for you just have your own back to
go and start, you know, being a vigilante and taking those rights and so on and so forth. harm is
neither given nor is it reciprocated. That is the meaning of this clarida from the proofs of the
spider in the Quran. And there are many, and the Quran speaks about this in general terms, as well.
We'll have to see Coronavirus are only tattoo. For example, a law forbids Haram in many ways and
forms in the Quran. From those examples is when a large social says to a man and don't keep hold of
		
00:41:25 --> 00:42:01
			your marriage your wife simply to harm her meaning the both of them don't like one another they want
to divorce. But he won't divorce the metal divorce his wife because he wants to harm monster presser
doesn't want it to go and live another life we'll get married again or anything else. But he doesn't
want to either doesn't like or doesn't fulfill our rights is oppressive towards her. But this is
another form of oppression and loss. And this isn't allowed. And it's currently though this maximum
is one of those examples where the current or the maximum is taken from the wording of a hadith. So
the Hadith or the wording of this principle is maximum La da da da da da da is a Hadith of the
		
00:42:01 --> 00:42:41
			Prophet sallallahu alayhi wa sallam, which is good to know to be happy in the Muslim, the river
mathematically blue manager where the profits from a lower annual cillum said this wording lavadora
wala Durham is neither given nor is it reciprocated from the main a maximum of fall within this is
that you can't remove harm with a greater harm. That's a minor Maxim within this. So if you see a
harm, and you want to do some good, you want to remove that harm. If by your action, a greater harm
will result. It's not allowed for you, not allowed. So you see someone fighting with another person,
you want to break up that fight. But the way that you do that is by going and killing one of them
		
00:42:41 --> 00:43:24
			causing weight to harm is not allowed. So yes, harm is removed. But it is removed in a way in which
there is no harm or less of harm, not in a way that there is with the harm from amongst the minor
Maxim's and some of the scholars said actually, that this is a universal maximum of itself. But
that's a different discussion is that preventing harm is greater than bringing good in Islam,
preventing Evil has a greater place than doing good. So preventing people from harm and from doing
evil and causing evil within the community has more rights and precedents in Islam than doing an act
of good, right. So if you know someone that's about to commit a crime, you know that they're about
		
00:43:24 --> 00:43:56
			to commit a crime and do something wrong and do something wrong. But maybe there's a friendship
between you. And maybe there's a relationship you that are relative of yours. There's two things
that are conflicting, there is that relationship that you want to keep and preserve. But there's a
harm that's about to occur. Which one do you give preference to? The Sharia says the harm. You have
to stop that before you look at any good because that harm would have a wider impact and a greater
detrimental effect than any benefit that you wish to attain. That is the fourth of the five
universal Maxim's the fifth and final one
		
00:43:57 --> 00:44:04
			is an ayah mahakam the customs of the people have a place in this religion.
		
00:44:05 --> 00:44:44
			Las panatela when he revealed to the Prophet sallallahu alayhi wa sallam in his Sunnah they gave was
principles, because it was impossible. It's not it's not impossible, but it would be become overly
burdensome and difficult, if allow us to mention every single situation that will take place at
every time and place. And with every group of people from the time of the Prophet cinema to human
piano, the Quran would be too big and too wide and too difficult to read and understand and
comprehend. So what the what the Quran and the Sunnah do is they give you principles, those
principles we apply, but much of the detail, especially in ordinary bother, especially in day to day
		
00:44:44 --> 00:45:00
			issues and affairs of eating, drinking, dressing, marriage, divorce and so on living they are left
to the customs of the people and there are conditions that we will mention concerning this, but the
customs of the people have a place in this religion. So the customs of
		
00:45:00 --> 00:45:45
			Your Community of your tribe of your country, what the people know and do they have their place in
Islam? So yes, as Muslims, we don't we're not people who follow just traditional custom for the sake
of it. We're not people who will give our customs and traditions preference over the Quran and the
sun. But at the same time, it's incorrect and wrong to say that customs have no place in Islam. They
are lesser and subservient to the Quran and the Sunnah, but they have a place within our religion.
Allah Subhana Allah for example, from the fruits of this of this Maxim, Alonzo JAL said, For the
last one will be off, be pardon the people and order what is good. This word good, is genuine. It's
		
00:45:45 --> 00:46:15
			not just about the religion in general, if you see someone doing something bad on the road, you see
someone causing a problem in your neighborhood, or during the good falls into the commandment of
this verse. But what people consider to be good in terms of their neighborhoods and the communities
and the way that they live, will change from place to place and time to time. Our customs in the UK
are different from the customs of people in India or China or Australia or other countries across
the world. So those customs go back to those people. For example, alaric xojo,
		
00:46:16 --> 00:46:57
			when he speaks about those people who expect for the odds that they take, he says from amongst the
explanations is a far more ashati masa kin, and also the Moto three Muna Alico to feed 10 poor
people from the food that you feed your families. That's expiation feeding 10 people what type of
food alarm soldier doesn't say you have to buy them you know a three course meal, take them to a
restaurant, give them this amount of food he says what you feed your family. Now what you feed your
family and I feed my family here will be different to what someone else feeds their family in a
different country. What a richer, a wealthier person feeds their family is different to a poor
		
00:46:57 --> 00:47:39
			person. Feeds their family, what does that all go to? It goes back to your or your custom. And that
is what the Sharia is telling you to do. And to go and look at the hadith of it ever shot the law.
100 is authentic, the wife of Abu sufian rhodiola Houma they came to the prophets of Salaam she came
to the Prophet Solomon she said, O Messenger of Allah, my husband, double sofian, the leader of
perish is a man who stingy, he doesn't give me enough for me and my children. So can I take from his
wealth without his knowledge? The Prophet sallallahu alayhi wa sallam said yes, who the magic freaky
deaky will take what is enough for you, and your children, and what is good, meaning in terms of
		
00:47:39 --> 00:48:20
			your custom, he didn't say take an X amount, didn't give her a figure, because her standard of
living and her family and what she needs differs from another person and a third person, but he told
her do so in goodness to so in according to customs, what is sufficient for you is sufficient for
you. So these own evidences in the Quran. And there are a number of conditions for this Maxim. It is
not just every custom that we go in that we take. Number one, the first condition is that it can't
go against the Quran and the Sunnah of the Sharia. So if you go to a wedding, and then it's Haram,
and the people say no, but the custom of our families, the custom of our tribe, the custom of people
		
00:48:20 --> 00:48:54
			know, if it goes against the Quran, and the Sunnah, and is something Haram, then the custom has no
place. And this is not what the maximum is referring to. Number two, the customer has to be a
legitimate customer. A customer is something that the people know to be a customer, they will agree
it is a custom, either within a tribe, or within a country or within a nation, and so on and so
forth. So if you just come on your own, and say no, this is the custom, and everyone's like, I've
never heard of this before. That's not a custom in Islam. A custom is something that the people
know, and recognize to be the customs.
		
00:48:55 --> 00:48:56
			And number three,
		
00:48:58 --> 00:49:27
			that it can't be something which leads to any harm. harm is something which leads to harm, or leads
to some type of evil. And customs can either be statements and words, or they can be actions. So for
example, if you're living in the UK, and you're hiring someone to do a job for you, and you say I'm
going, I want you to do this job, and I'm going to pay you 100 you say 100 You don't say 100 pounds,
just say 100. And then when it comes to paying them, you give them 100 rupees, right?
		
00:49:28 --> 00:49:59
			It's like not worth like, what is it a pound or whatever is you give them like 100 rupees and you
say I said 100 I didn't say pounds. I didn't say I just said 100. And you agreed with say no. The
custom of the people in their statements is if you say 100 What comes to mind? So 100 pounds, right?
Who's gonna think it's 100 rupees or another reality or anything else. So therefore, that is the
custom of the people or the custom, in terms of the actions, which is not in their words is their
actions. So for example, in certain countries when you hire someone to do a job, a builder, plumber
		
00:50:00 --> 00:50:36
			carpenter, you feed them as well. So customer, the people, you feed the people that work for you
that day, if they're working with you, you provide them food, whether you give them money for that
food, or you feed them, you give them some of the food that you're having. That's the custom. So
therefore, the custom can either be an action that the people know, or it's something which they
say. So if that's the customer, that you feed that person that's working for you, and then you don't
feed them, and the person complains, they have a right to complain. However, one of the conditions
of this Maxim also is that you don't explicitly say that you're not going to follow the customer. So
		
00:50:36 --> 00:51:13
			if you explicitly say, I'm going to hire you, and yes, the customers that I feed you, but I'm not
going to do you agree? And he says, yes, then you don't have to feed them. So if you explicitly say
that you're not going to follow the custom, and you know, you're not taking their rights, you're not
oppressing them in any way, it's just a custom, then that is something which is allowed. So for
example, examples that are commonly given of this type of Maxim is Darwin, or in marriage, Darwin,
if the dowry wasn't specified at the time of the contract, and then the husband and the wife differ,
they differ, because you didn't specify the the, the diary, what is what do you look for? What does
		
00:51:13 --> 00:51:33
			it go back to? It goes back to the custom of that woman's family, what did her sisters get? What did
the aunts get? What did the people the women of the household, what was their average dairy, and
that's the dairy that you give. So, in those issues, where you know, there are like this ambiguity
or so on, it goes back to the customs of the people
		
00:51:34 --> 00:51:36
			from the minor Maxim's
		
00:51:38 --> 00:52:17
			underneath this is that, therefore, the custom is like a condition. A custom is like a condition. If
I was to make a contract with you, and put in a condition, you'd have to abide by it. But if it's a
one on custom, and I don't mention it, it's like a condition you have to abide by. So like feeding
someone that works for you, you know, the currency is the currency of the land, and so on and so
forth. Those are things that you don't have to specify, because they are the customs and people know
them, and they accept them to be So, these are the five universal Maxim's of inquiry, the fifth
here, again, number one, it is affairs or issues or just by their intention, number two difficulty
		
00:52:17 --> 00:52:49
			gives rise to ease. Number three, certainty is not removed by doubt, number four, harm is removed.
And number five, the customs of the people have a precedence or they have the application in the
Sharia. This is a brief summary of the science of inquiry and as I said there is far more detail
each one of these universal Maxim's has so much detail that you can go into and so many minor
Maxim's that you can break it down into as well. But inshallah tada we will stop the suck now head
on. If there's any questions inshallah take them. Otherwise, we'll conclude.
		
00:53:04 --> 00:53:05
			So does the shadier
		
00:53:06 --> 00:53:28
			differentiate in terms of people who want to take a concession that are going for a valid reason, or
a serious reason, like, for example, business and so on, and those who are just going on holiday?
No, surely are doesn't differentiate. So as long as it is halal, whatever the purpose of your trip
is, and there's nothing wrong with going on holiday and so on. So as long as it is haram, it's okay
to concession.
		
00:53:34 --> 00:53:36
			You traveled from the rental desert?
		
00:53:39 --> 00:53:50
			Yes, if a person travels and shortens the players, part and parcel of that, right. So if, for
example, if a person wants to go somewhere with their friends, and they decide, okay, we'll go to
Manchester. And it's a travel, and then they happen to the friends fine.
		
00:54:09 --> 00:54:23
			So even when the cdr isn't applied, you have other forms of requests. So for example, in this
country, we have a court system. So what it means is that as Muslims, you can just go and take
justice into your own hands and start doing whatever now they have a system here, you follow that
system.
		
00:54:25 --> 00:54:43
			So likewise, even if it was a Muslim country, you have to follow the current justice because the
country doesn't mean you can go and do what you want. They still have a system that you follow. You
go to the judge, you go to the courthouse, he goes through the process, and then the judge will tell
you what the appropriate punishment is. Right? It's not for me and you to decide and say no, I want
to punish them with this over that.
		
00:54:50 --> 00:54:58
			Yeah, okay. So if even if it is not Islamic, for you to take your rights as a lot, if it means that
you're going to be oppressed for you to take your right to sell out.
		
00:55:04 --> 00:55:36
			Yeah, if there's no appeals process and the decision goes against you, and remember, like for us as
Muslims, even, for example, it was a Muslim country and our Muslim court system, and you were
oppressed and you went and the judge did rule in your favor, the judge for whatever reason, he
thought the other man was right. And the reality is that you're right and he's wrong, then as
Muslims, we have that, imagine that a large soldier will rectify those wrongs on Yeoman piano,
that's what the prophets aren't allowed to send him is to say to the companions, who's to say that
sometimes two of you come to me with the dispute, one of you is more eloquent than the other. So
		
00:55:36 --> 00:55:59
			perhaps I will judge him based on his eloquence, right, he can speak much better, and so on, and he
convinces me, but know that if he is wrong, he's lying in what he's saying, then Allah will punish
him on the Day of Judgment. Right? all he's taking from that right is the fire. So that's the man
that we have that even if something doesn't go in our favor, and so on Allah Subhana, Allah will
rectify those ones on the
		
00:56:08 --> 00:56:09
			conditions of necessity.
		
00:56:15 --> 00:56:28
			So a necessity means that we will, I will harm you adversely, harm you in your life harm you in your
well being harmed me and so on. So for example, if you're ill, it will exacerbate your illness, and
so on and so forth. That's what you call necessity.
		
00:56:34 --> 00:57:06
			Okay, so a couple of things. Number one, understand that these issues like things like student
loans, and so on, there are issues of which the hand right so it's going to be scholars will differ
depending on how you measure a necessity, whether you consider it to be a necessity or not, it will
differ from person to person, because I may be ill with a headache, another person has a headache,
but our headaches are not equal in every way. And the way it reflects is not equal, elderly person
may have a headache. And for them, it's a big issue because they're old and they're frail, and a
weak man has a headache, there's nothing, right. So it differs from person to person. And that's why
		
00:57:06 --> 00:57:40
			you can ask people for their fatwa, and so on, but at the end of the day, you also know best your
situation whether for you, to apply to you, it's a necessity. And that's why they are what does it
do? It speaks in general terms, illness is concession, travel is concession, and so on and so forth.
But whether the illness in your case is actually a legitimate illness, that gives you a concession,
that's for you to judge or for a doctor to judge or someone. So for the chef to say, yes, you're
really in our place to do that. So likewise, that's why you will have this difference of opinion,
even in things like student loans. So there will be scholars who will say to the student loans is a
		
00:57:40 --> 00:58:12
			necessity, and so on and so forth. Other scholars will sit, you know, it's not necessity. I think
that take the photo of this person that you trust most in their religion, and so on and so forth.
And look at your own situation. If you can take that money from someone else as a loan that doesn't
have interest, you can borrow from family and friends better because you come out of that issue. If
for example, you know, you're you you don't even want to degree, you don't even want to do it. You
just want to go to university for the sake of university, but really, you want to go into business
or something else, you don't want a degree that might go into that whole issue. So there's two
		
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			things you first have to look for someone that you trust and take their photo. But secondly, you
need to assess and be honest with your own situation. And remember the chef or the heirloom or the
Mufti gives a fatwa based on the general principles, how it applies to you and so on. That's a lot
is going to judge you upon your own situation which you know best.
		
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			Not necessarily loss of life and loss of limb. Laura can mean for example, in math, that it's a type
of loan or tax shelter is considered to be thorough raw, like clothing is considered to be thorough
raw food is considered to be a local, these are necessities of life, right? So if anything that will
anything that will either take away one of those necessities or could be loss of life, or it could
be just increasing an illness. So someone, for example, can pray, or they can for example, standing
but to do so they're in pain and it may make the injury worse. They can physically stand up and pray
but they're in pain, it's going to make it worse, found a sudden loss of life and limb, but it's
		
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			going to exacerbate the situation that also come into the
		
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			article lofi comes up on the handle slide but in some ways rain was traumatic