Qawaaid Fiqhiyah Pt 2

Ahsan Hanif

Channel: Ahsan Hanif

Topics: Fiqh

Episode Notes

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

Episode Transcript

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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 [???]ty 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 [???]tier 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

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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,

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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

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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

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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

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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

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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?

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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,

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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

00:58:12--> 00:58:29

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.

00:58:43--> 00:59:18

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

00:59:18--> 00:59:21

going to exacerbate the situation that also come into the

00:59:24--> 00:59:28

article lofi comes up on the handle slide but in some ways rain was traumatic