Assim Al-Hakeem – Lessons In Fiqh 07

			hamdulillah salat wa salam wa barakaatuh de oro Selena Bina Mohammed Ali, wasabi. Germaine, welcome
to lessons in film. We're still studying the chapter that deals with nullification of
		

			evolution. And the following Hadith is to be read by
		

			Brother Mohammed narrated telecabine earlier the Allahu anhu. A man said, I touched my penis, or he
said, does a man who touch his penis during the prayer should perform ablution the Prophet
sallallahu alayhi wasallam replied, No, it's only a part of your body. Okay? And it's it's very
relevant that we read the following Hadith, which is related to it. The following Hadith narrated by
Bruce Robbins of one may Allah be pleased with her. Allah's Messenger sallallahu alayhi wa sallam
said, He who touches his penis should perform evolution. Okay, now we have a problem.
		

			And it has nothing to do with Houston.
		

			The problem is that these hadiths seem to be conflicting.
		

			The first Hadith, the Prophet says, it's part of you, if you touch your private part, okay? The
second Hadith, it says that if you touch your private parts, you have to perform a solution. So
what's what what do we do?
		

			I'm not going to go into details because it's a little bit confusing, but it's simple. I've tried to
make it as simple as possible. Now,
		

			originally speaking,
		

			it's all from the same source
		

			or an Suna. It is all from the same source, that is Allah Almighty. The Quran is the words of Allah.
		

			And the Sunnah is the teachings of the Prophet alayhi salatu. Salam, who himself told us that he
does not speak out of his own mind. It is a it's only me, Allah tells him to say and do what we see.
And if he does something wrong, it's automatically immediately corrected by Allah. As in the case of
some wrong decisions, he made a lot of sthalam he tried his best, he made the wrong decision. And it
was corrected immediately. And as in the case, with the blind man, who came to the profit as a Sam,
while he was calling the heads of Quraysh the heads of the non Muslims, tribes, calling them to
Islam, and if they convert to Islam, this is a great deal to the Muslim nation. So he was trying his
		

			best calling them and talking to them, and they're not responding. And this blind man comes in.
		

			And he tells him, oh, Prophet of Allah Teach me. I'm willing to learn, give me knowledge. And the
prophet SAW Selim used to look the other side and call the non Muslims. He thought the process that
this guy is an individual. He teaches them he spends time with him. And that's it, that is it. But
if he spends the time with a three or four leaders of the tribes of the non Muslim tribes, and they
revert to Islam, then their followers would follow them. This is a great victory to Islam. This is
what the prophet said our system immediately, Allah azza wa jal revealed revealed to him the surah
of Abba,
		

			which means that the prophet SAW Selim has gorgeous face, and
		

			looked the other side. Why because this fine line came to him. No, you should not. The blind man is
seeking knowledge and you should give it to him. Those who neglect reject what you say you should
not pay any attention to them. So, the prophet SAW Selim
		

			Whatever he doesn't say it all is a revelation from Allah. And if he does something out of his own
judgment and becomes wrong, he will be immediately corrected by Allah.
		

			So, this is typically an originally speaking, what happens if we find verses of the Quran
		

			conflicting or a verse and Hadith? conflicting?
		

			scholars say that there are four steps to be followed one the most prior step which is called an
Gemma. conciliation and how is that
		

			if a hadith tells you don't do this,
		

			and another Hadith tells you, it's okay to do this. You have to try to conceal between the two you
have to try to join the two without denying or dropping any of the the two parties. I will give you
an example.
		

			In many places of the Quran, Allah azza wa jal says that it is forbidden on us to eat and Mater
		

			what them what is made there any animal that is not properly slaughtered? So if I'm walking down the
street, and I find a goat, a dead goat that died by itself, old age, or that died by lightning or
died by any cause that is not slaughtering, and I say whoa, that's good meat. No, it's not. It's
forbidden for me to use it because it's called Muay Thai. It's that. So Allah says it's forbidden.
And Allah says that blood is also forbidden, what is blood? When you slaughter an animal, some
tribes, which is found in Africa and elsewhere, they would some, not all, they would get this blood
of coming from the veins of the slaughtered animal, and wait until it's dried and some of them may
		

			cook it and may consume it, eat it. So, this is completely forbidden for Muslims. You may not eat
dead animals, you may not eat blood.
		

			So this is general. But on the other hand, there is a hadith where the Prophet sallallahu alayhi wa
sallam said, Hey, let let me tell you what the man is permissible for us to eat two types of dead
and two types of blood.
		

			And he mentioned
		

			the fish, seafood. And Lucas, and he also mentioned the liver and the spleen.
		

			So one would say, okay, the verse says, you may not eat dead, or blood. And the Hadith says, you may
eat two types of blood and two types of dead meat that animals. So what should we do? The first
stage is
		

			you can join them, you can use both by saying all the animals are forbidden for us to eat, with the
exception of fish and Lucas. And all blood that is considered to be blood is forbidden for us to
consume and eat with the exception of spleen and liver. And this by this, we have the law have used
both evidence and we have not neglected or dropped any of them.
		

			Okay, let's assume that we have another scenario that we cannot apply this in. Now we have two
verses of the Quran or two verses to Hadith or one Hadith and one for an and we try to have a
reconciliation, we have to join, we tried to join both
		

			verdicts have both had the third verse and we could not we failed.
		

			So what do we do we move on from a jammer joining to the second stage which is try to locate a nasty
one man. So which one was abrogated? What do we mean by obligated ness means that the first verdict
was this is haram after a while Allah says now Okay, it was Haram. It has been changed into being
halen. And for an example, at the beginning of time of Islam, the Prophet sallallahu wasallam came
to the companions and say, Do not visit graves.
		

			Period.
		

			Okay, so nobody went to cemeteries. Nobody visited his
		

			father or his grandfather. Nobody went to cemeteries except to bury
		

			a dead person. Why was that companion scholar say that at the beginning
		

			Of Time of beginning of time of Islam, some of the competitors may have may have went to graves and
started saying, Oh, dear father, I wish you see, you can see what was happening to us. What do I do.
And this is part of Schick because you're calling a dead person, and that person do not have any
good for you and cannot prevent you from any harm. So at the very beginning, it was forbidden after
one after a year. So the Prophet came up again and said,
		

			previously, I have denied you from going to cemeteries visiting a macabre. Now I allow you to do so.
So visit them, because it reminds you of the hereafter it reminds you of your destiny, and your
final destination. So if you visit, cemeteries, often, the more you go in and say, Well, I'm
walking, tomorrow, I might be added to it. So it reminds you of the hereafter and of the Day of
Judgment. So it's good for you. Now, I have two Hadith one that says do not go to cemeteries and one
that says go to cemeteries, what should I do? Joining is impossible, I have to drop one of them. So
the second stage is to know which obligated which and in this case, we can know we can tell, how can
		

			we tell? Because of the second How did he tell he tells us the profit in the previous times, I told
you do not visit cemeteries Now, you may have visited so this obligated it.
		

			If we do not know the time, then it's difficult to know which one came first. So then we move on to
the third step of trying to fix up things. And how is that is by trying to make one
		

			Hadith stronger than the other. So if we have Hadith and this is called This is called Terra Jia, we
have to determine I have a hadith and another Hadith. And they conflict together I tried to join
both failed, I tried to know which one obligated the other. I don't don't have the time or the date.
So I failed. The third stage is a techy try to determine which is stronger. So if I have a verse of
the Quran and Hadith, which one bit should be stronger
		

			the Quran by default, if I have two Hadith one in mojari, and one in a tournament, which one should
be
		

			forwarded first and rated as one
		

			of course and so on. So this is the third stage joining trying to know which abrogated which and
which one is more stronger than the other if I fail in the previous three, what should I do this
Hadeeth still conflict and I can't do apply the three mentioned earlier what should I do scholar say
you have to stop.
		

			Do not drop any of that if you say I don't know, because definitely someone else knows but your
knowledge does not
		

			give you the capability to determine what to do with this two conflicting ideas or two conflicting
ideas. So you pause until you get the knowledge and information from someone else. These four steps
should be applied with these two hadiths that we've we are studying, we have a short break, we will
continue Sharla just right after this break.
		

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			And welcome back. Now, before the break, we talked about the four steps that a student of knowledge
should follow whenever he's encountering two verses or two Heidi's or have written a verse that
conflict with each other and you you don't know what to do.
		

			And we said that you have to either join, which means that you apply both at the same time without
dropping anyone and this is the highest and the best solution and if it's not
		

			clickable, then you have to drop one of them by knowing the time the date. And you say that the
latest, were obligated the one before it. And if you're not able to know the date, or the timing,
then you have to move on to the third
		

			step, which is you have to determine which one is stronger than the other. So if it's a verse of the
Quran, then is stronger than Hadith. And if it's a deacon a body, there is a stronger, stronger than
a tournament. And if it's in the chairman, he is stronger than,
		

			for example, Donald Courtney or Debbie shaver or whatever. And the final and fourth step states that
if you cannot apply any of the first three steps, then the only thing left for you to do is to stand
back and say, I pause. I don't know. And this is very easy for a person to say. And this is very
logical. Unfortunately, a lot of us don't know how to say, I don't know, their arrogance, their
prejudice prevents them from doing this. There's so many times
		

			I ask people that are not students of knowledge, that don't have knowledge at all. And it's very
easy for them to say Nah, this looks hella this looks Haram. And this is a major sin. Allah azza wa
jal has made this forbidden, forbidden on Muslims to talk without knowledge, and Imam Abu Murli
magmatic ns, that Imam of Medina, the second Imam of the schools of thoughts, the fourth school of
thoughts,
		

			once had a visitor that traveled for a whole month to reach him from the east, from Afghanistan, or
from similar areas. So he came to him at the time he wasn't from Afghanistan, because then he would
have been in problems. We would put him somewhere else, let's move changes the country. He was from
Kazakhstan, for and he came to my alma Malik, and he asked him 40 questions.
		

			And each and every question in America says, I don't know.
		

			He answered only six out of the 14. So the guy you know, after traveling for a whole month, in they
didn't have any first class. It was all one class, either on foot or on Camelback. And it was
		

			terrible and difficult. So the guy was shocked. He said, What would I tell my people after traveling
a whole month coming to you? And going back a whole month to them? What would I tell my people that
Imam Malik only answered six questions out of the 40?
		

			He told him, it's very simple, my friend, tell him Mr. Malik does not know.
		

			Imagine this knowledge this guy has this Imam has, with all the knowledge he has, he still does not
feel embarrassed of saying, I do not know. Because Allah knows best. And my knowledge is not capable
of answering all of your questions. It has to be researched. I have to ask others who are more
knowledgeable than myself. Unfortunately, scholars of Well, let's call our students of knowledge in
an art times now, you would find them answering all of your questions. You may see someone that you
think is knowledge will say, oh, Chef, I have a question to go ahead.
		

			It's medical said no problem. I can answer any question. It's political. Well, I'm a good
politician. It's economical. Well, I think I can go ahead. It's mechanical. I don't drive but I
think I can figure an answer to your question. Could that be good it? Is this possible? Whereas I
don't know.
		

			The scholars say whoever says, I don't know, this is half of knowledge. The rest is, you know, but
half of knowledge. True Knowledge is saying I don't know. And this is not something to be
embarrassed of. On the contrary, it's an incentive for you to go ahead, it gives you a push to learn
more research, ask and do the effort, do your effort in researching a particular topic or an issue
that will increase your knowledge. So the fourth thing is you don't know. Going back to our subject.
We have to hadiths. One, stating that touching the private part is a normal thing. It is like
touching any part of your body. The second Hadeeth tells us that whoever touches his private part,
		

			whoever touches
		

			his penis should perform will perform a volution, which states that it is it notifies will do. So
what's to do? Well, to join, some of the scholars say it's easy how the first headache that tells
you it's part of you means that touching the private parts from
		

			beyond clothings. So if one touches his private parts from outside of the clothing while he's
wearing his clothes, not touching it directly, then it's like touching any of your normal parts. So
there's it doesn't notify will do. And this is the consensus of scholars. If a person touches his
private parts,
		

			not directly, but from there's a barrier between his hand and his private parts, then the widow is
intact, it does not nullify it,
		

			touching it directly, flesh to flesh. This is a disputed issue. So we've drawn some of the scholar
joint by saying this verdict. Others said no, the second Hadeeth, which tells you you have to
perform auto obligates the first one.
		

			How's that? Is there any date mentioned? Mustapha. Is there any date mentioned here? And these
dates? No. So can we say that one obligates the other?
		

			Is it possible? We cannot tell without the date? some, you know, smart scholar said we can how
		

			they built their
		

			this case on a rule. In fact, it's called
		

			the original innocence. It translates often. In Arabic, it's called ously.
		

			But this is roughly translating it to English. The original innocence what what does that mean?
Simply it means that everyone is innocent. Till proven guilty. Let's apply it on purity. Everything
on this world is pure, until proven to be impure. So if somebody says, Is this class, pure or
impure, you don't have to think you don't have to analyze. You don't have to make you know consult a
consultant. Immediately you would say it's pure. Is this pen pure? Is this pay per view is this
that's pure everything is pure style. Unless proven otherwise. This is called al Bara Atlas Leah.
Originally. innocence. Original innocence. Now, if you come to food, there are food. This is okay.
		

			Is this fruit? Okay? It came from Indonesia. I don't know. It looks strange. This food came from the
Amazon. This came from Kenya this came from I don't know the these types of fruit? Is it okay to
consume and eat? The answer would be yes. Why? The original innocence but asleep. Likewise, in
touching your body. If somebody comes to me and says, Chef, is it okay? If I touch my hair? What I
have to perform evolution? What would the answer be?
		

			asleep? No, you don't have to perform a solution. If somebody comes and says, I want to touch the
tip of my nose, should I perform a solution? But I honestly says, No, I want to touch my toes again.
So the first Hadeeth has been it is built on a bottle or two ashlea a man walks in and says if I
touch my penis, if I touch my private part, must I perform a solution? The Prophet answered him is
awesome. And according to the rule, which says you don't have to, it does not notify you to touch
anything. So if you touch your penis, as if you touch the tip of your nose, but obviously now,
anything that takes this original innocence out of this course, you will be obligating
		

			anything that takes it from its original innocence would be obligating in the sense that it's okay
to eat all types of meat. Yes, okay. This is original innocence until a verse comes says do not
consume ham. Pork is forbidden. And this abrogated the original innocence and the second Hades bush
Robin soft one, when she says that. The Prophet sallallahu Sallam
		

			said who he who touches his penis should perform, although this moved it from the original innocence
to a new and a new stage, which means that this obligated the first Hadith, where we were told that
it's part of your body, so it doesn't nullify your order. So some scholars say that this is
obligated, not because there is a date for it, not because there is a date mentioned, but because it
removed it from the original innocence to a new thing. So this is why they say is obligated. Other
scholars say, Well, this is too difficult for me to understand. If you touch your private part with
lust with desire, nullifies your widow. If you don't, if you just touch it accidentally, then you
		

			have no problem with that. And the safest thing is to do, the safest thing to do is to perform what
and this happens only when someone either sleeps or bathers. Whereas if someone takes a shower, and
at the very end, after he performs well, though, he is drying himself, and he accidentally touches
his private parts, it's recommended that he performs well, again, just to be on the safe side. Now
what about touching other people's private parts, such as children, this is imagined with children.
Of course.
		

			If a woman is cleaning her child, who's a six month old or a year old, she is touching his or her
private part. So there's this also notifies widow, it's a matter of dispute amongst scholars. Again,
the safest thing is to perform although a lot of the scholars say no, this is something that is
reoccurring.
		

			A mother cleans her child likes 2050 times a day, depending on the child's frequently doing what you
know he does best. So
		

			it's always difficult for her to go and perform ablution and this is Sharla. The most authentic,
authentic thing that it does not know the five mothers will do, touching her child's private parts
when cleaning them. But if she prefers she performs although then she would have done a good thing.
This is all the time we have for today's program. And until we meet next time Family Law was Salam
aleikum wa rahmatullah wa barakato.