Usul-lul-Fiqh – The Primary and Secondary Sources of Islamic Law
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Channel: Faaik Gamieldien
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AI Generated Summary ©
The speakers discuss the importance of understanding the principles of authorial fit in order to determine if a fatwa is a critical one. They stress the importance of the legal system of Islam and the use of the word "fit" in relation to actions of men. They also explore the concept of hokum and the source of all knowledge, including the source of all knowledge and the source of all knowledge of all laws in Islam. They stress the need for research and learning to establish the meaning of the act and its value, as well as the importance of protecting one's privacy and obtaining a motorcycle license.AI Generated Transcript ©
hadn't really learned from Idaho and a stallion who wants to feel who want to be he wanted to do it when I want to be loved him me too rude and fussy now I mean See, Melina Miyagi love phenomenal the letter Who am I? You do further hi Deanna.
When I should have Allah, Allah Allahu Allah Hua Shan ecollar National unknown Mohammed Abu hora surah Salatu Robbie was Allahu alayhi wa ala it was Harvey woman died without what he Elijah with the AMA dark, beloved brothers and sisters in Islam are Salam aleikum wa rahmatullah wa Taala overcut.
online for a while I've had some other written requests to do, but where you really are 100 in luck, and I
continue with my lectures on the sural effects.
And the purpose of continuing with the lectures on the 250s that I found a very interesting fatwa
that was likely issued by the university. And what I'd like to do is I'd like to analyze that fatwa.
In order to show you how the principles of authorial fit can be applied to such a critical examination of a fatwa.
This kind of knowledge is what is called element.edu. This this type of knowledge is called
essential knowledge about every single Muslim has to know how people arrive at a ruling which affects their lives and also high how that rule can be analyzed
in terms of the jurisprudential methodology,
which has been left for us by all the generations starting from the Prophet sallallahu Sallam up to now.
So
when we look at the resolution of an issue,
say there's an issue of is something halal or haram.
Something new, let's say,
Bitcoin, for example.
So if an issue like that arises and somebody writes fatwa
it's essential for us to know how to look at that photo and how to read it and to see whether the fatwa complies with the requirements of a fatwa. That's very important. So a lot of people are going to write a lot of things about a lot of new developments in life in this will always take place under the deaf piano. But the important thing for the layman to know is should I just accept this very, quote, I have the Quran he quotes incidences in the town with a prophet. He quotes a hadith of them, he says Allah
is what he's doing correct is if following the correct procedure, first of all,
is he starting at the right starting point? And as he does, he's that is research leading to the conclusion which he leaves in the mind of his readers. So,
so,
in most cases, today, the question is,
is something permissible
and the Arabic name for permissibility is Hello, something we just holiday is permissible.
And how does for us now, how does the legal system of Islam operate in order to establish whether something new terms of food or in the financial sector or any other sector is actually hollow or not?
Now, there is a fundamental
axiom.
It's called the so called
alkali elfia
rules or axioms or principles,
which has to do with issues of
what do we mean by issues affect what is figured out all those things which the mocha love practices as a Muslim in his life?
Right, that is, include Salas aka Hodge
transactions, business transactions, everything which excludes knowledge of Allah auto heed
all these things of do this and don't do that.
that entails what is called fit. So, we never we need to find out once we do that we must be do this
then we are in the field of fit, if it is something about belief should we believe in that should we not believe in that that is in the field of Starfleet
there another set of rules apply.
So, let us look at the first Maxim underlying the actions of men
and what men needs in this world
So, that the very famous Maxim aka either says an absolute fill a shear
and
an assumed fill a shear and either
that the foundation
that it is
permissible
everything then is permissible.
Of course, we know you and I know that a number of issues a number of things, which is hard for us which is not permissible. Those things are clearly spelled out both in the Quran and the Sunnah. So, when we say everything that's done is Hana, we exclude those things which we know to get around.
Everything else in is Hana. So it means there
everything is practically Hello except those
maybe 10 items.
But the chi de the axiom or the rule has one exception. This Crider also feel a Shia aniba have enough in a bar that
the axiom says the rule says
that everything is permissible haha.
And are tested the exception is except those things which are known to us via the Quran via the sun, except in matters of worship. In other words, they the rule doesn't apply the rule that everything is allowed, is not applied when it comes to acts of worship.
Why it's a voice Why is it excluded? Because acts of worship are cast in stone cast in stone, by the Quran and by the practice and expressions
and directions given by Muhammad sallallahu alayhi wa sallam
so I bet that is fixed we can come with newer very bad
the world always produces new things but when it comes to the worship of Allah that is fixed and extended.
So if you want to make six card for further not unacceptable Why was it costly so that's for tonight guys for budget
is cast in stone.
I'm
fasting 29 to 30 days cast in stone.
Hi George in your lifetime you can afford it contains the amount of Hajj, the monastic of hideout watch.
They may be it may be tweaked here and there by the Medina and Allah but the standard foundation the ferrite remains the same God egg. Nobody can come along and say well, nowadays you actually what we can do is up there in Marco Medina, we can get together and make because
no.
When you go to Makkah,
you go for the purpose of
it if the promises said I met done with liquor, would you doing barnacle? offic
but the problem was asked by this habit, you had a pseudo luck. We spend so much time on waterfall and there's nothing to do
nothing has been prescribed.
This doctor prescribes a lot but four of them you make your Salah before you enter the the place of arafah the area of arafah and you make your boundary benatia on
don't even Sala so that's the property also we do.
All our sins are going to be forgiven. Of course we ask Allah to make to others and be forgiven. But what what is there something to do some decree law we can make promises say salatu salam said
the basic rule I can make on the day of RFI is to say La Isla a llama. That was the Corolla, the decal of all the MBR before us, the old made this sticker
we know the old
kept on for all they need was to say law
in law
so I also feel a shear and fly by that.
So everything you do should ask yourself is this in a bada This is a new thing I'm doing is it in a badger and if there's the shape and form of an AI Bada,
but it was not done by the prophets or solid water Sahaba then you have to call it something else
not in a bad way.
But inshallah this discussion that we're having now would lead inshallah to an analysis of a very, very, very exciting fatwa
which were all embroidery and caked on as well and in lots of other parts of the world. So, I was, we have we don't have a firewall on this particular topic, that has ever given by any a person or organization in Cape Town to my knowledge. So, it will be very interesting for us.
So,
what is the objective
of
your objective of a solo
is
to find the hokum
of something and what is what hokum was shot he was broken is to find
which of the five categories
something falls into.
So
what are the five categories that I told you
I said something can either be watching pregnant fun, that means obligatory
was recommended
by the prophet of solemn Of course.
See, it can be mcru abominable means stay away from it's better to stay away from macro.
reprehensible mockumentary, paintable or macro also means disapproved
number four can be haraam which is prohibited number five, it is haram or permissible.
So, that is the objective of the study of the solution. So, we call him the ossola Yuna,
the jurisprudence or the Judas, this is a job. So, when we talk about Bitcoin For example, we will give that to a jurist with knowledge of finances to financial international financial law, you will you will you will dissect and do research on that and you will come with these homebush it is permissible as herranz halaal abama that's it
and to arrive at whether something is halal or haram a crew of
we have to look at three things
we have to study
what are the sources the sources, the fundamental sources
of finding out whether there's something whether something falls into one of those five categories or as one of those values or can be called holla. When can we say the hokum of something is harder? Or when we can ask the question is the hokum
or the ruling on Bitcoin is that halal or haram?
So, what are we doing? We trying to find the hook I shudder at the legal value of that particular thing?
Is prong for example. Hello. Simple question.
Can you eat buffalo for it? Is it Hello? Can you kangaroo is it Hello?
Um, so for that song?
Many many things.
Um,
so
what is the original source of all law in Islam?
Where is the origin origin original source?
In other words, who is the legislator who is the hacking? Who is the law given?
The law given the hacking the source of all law in Islam is a law whose hand of
glory bt
so allows you to handle is the source of all knowledge not only of the source of camp, the source of all light and all
knowledge comes from a low score high No.
And how does a low 200 communicate with us? allows us to have a higher note either communicate with us via gibreel Um, I'll look how did you begin to take this to move that Teresa? north to Adam? And finally,
to Mohammed Salah Lavalle Ali Salatu was Salam Allahumma salli wa sallim wa barakaatuh Mohammed. He was highly trained.
So Allah is the hacking, the Sharia, the source, the beginning, named of all
nodes in Islam. The question that arose when Pakistan became a Muslim country was, can they have a parliament?
When Allah is the source of law,
we can't have a parliament in Islamic country it makes laws. No, the parliament might be subject to the Quran because the law conflate the Quran and the Sunnah.
In Islam, there are no man made laws, all laws must be traced back to a law.
In two Muslim state, any law must be subjected and tuned to and must be in harmony with the Sharia, the law giver allows for hunters law, which comes via or earn in what language in the advocate
Subhan Allah, Allah is Great unless in Julieta, who saw a nice group?
Let you speak Hebrew.
He spoke Aramaic.
He would like to speak Aramaic, new spoke another language others spoke another language. All the hundred and 24,000 mbsp all of them were spoken different languages. Very quite a few of them would have spoken. The the language of Mossad because most of the profits came from the Bani Israel.
And that can only be the greatness of Allah was Hannah, who was so the three elements I said what is the source? The second one is?
What is it? What is the macoun bV or the macoun fee? So, the hockey one, then you have the makhoul fee? Or my home V which is the act
on which the Hong Kong operates?
What is there what what is it what is that which which we need to find out which act is it that we need to find out with the
with the law of Allah whose hand
and number three? Is the mascoma.
The person to whom does this token apply? does it apply to all Muslims? Or does it apply to some Muslim teaspoon? For example, the laws of hedge only applies to people
or
the principles of war would apply to the majority do
the principles of financial apply to people who are in the fence Mansfield and all of us are in the financial world.
So every draw about money is very important for us, but there are certain things which are confined to a particular profession to a particular group of people.
So if we should ask an Islamic lawyer
what is Islamic law
then the short answer would be the definition of Islamic law is that it consists of a have a Sharia it first off the laws
consist of aka Mashallah Yemeni aka Sharia, of course, is the CEO of publisher
of one law comm Sharia is all the laws that applies to the acts of man excluding your system of belief is to diverge. The worship is something completely on.
So we can go on inventing things and doing things and making motorcars and making
whatever we may go to the moon etc, etc.
All those things fall into the category of work.
But I always tell my students that I tell my son
Be very careful about that. When you're making any bida
and you're doing it of course everybody that's only for
about
well
what did I say? And I've created I genuinely
and yeah, our purpose here and personal genius, shop a lot.
So we should be very careful if something is enabled us. For example, to say Allahumma salli, ala Muhammad Allah, Allah, Mohammed, c'mon, salita Allah, Ibrahim, Ibrahim, etc.
It is a act of Ibadan. So don't just know why does it matter? Of course it's a commandment of Allah. If Allah Allah Buddha told me, yeah, you know, he will say,
Allah says unless I am angels make super tall A lot of you have to put salewa
but don't go overboard. Do that Salawat which was commanded by Allah and was enforced and not endorsed, but enforced by Muhammad sallallahu alayhi wasallam.
So a bat is a very fine and refined relationship which we have allows.
If you teach your child for example, but my child when you enter the whole, say as salaam aleikum wa rahmatullah okay.
But your child insists on saying Salah
or insist on saying hello,
or researching, saying I'm home.
Hi, Dad. Hi, Mom. I'm home.
disobeying you course it's the
same with a loss.
Although it is Hello, goodbye, everything. But that's what you do. Yeah. It's a part of greeting in Islam.
allies to say I look around something, don't add to it. It's done. Justice or you will become angry allows.
Let's just put I told you to do this. I said do it like this. But don't why are you doing it like that?
Problem chatter in which I've seen
all right.
So the whole machinery that we're speaking about the legal ruling relates to the acts of the mo Calif.
The sources are long.
The application it's applied to the Hong Kong it's applied to an act
or the Hong Kong act. It's something that you do number three,
and it applies to the actions of those who can live in California those people or I don't, it applies to them for whom the law applies, as it may not apply to everybody.
And if a jeweler should be asked what is Islamic law, he will say Islamic law is you will give you the definition of hakushi What is the definition
of a legal value
of something which which is halal or haram.
If we say something is hollow, we say the whole machinery of the thing that it is good that it is Hello.
That you Judas will call to you the definition of what sugar is and the whole machine is fitted with a lot he tala and matunuck.
bluff on advocate.
What is the legal value
that we search for in the law? It is the word of Allah, the thought of Allah, the expression of Allah the words of Allah.
Allah tala which is connected to
the referral to the acts and actions of the vocal Levine of adults can have gratitude.
So, if you think what is low in Islam, what is what is low? You know, what is Sharia? What is this? How do we define it? It is what it avola it is the word of Allah.
Why? Because everything has to be attached to the word of allows Hunter, but the host the Quran is the word of Allah directly. Then the whole of the some nice part of that. Why? Well my MP for Angela into Illa
Allah, Allah says Allah didn't speak from himself.
Learn what you knew, except that everything you said was Revelation it was actually not necessarily revelation by way of jabril. Some, there is in ham, which is what, which is inspiration that Allah gave to them every source Allah, there is in his dreams, he then also understand him. Many, many, many, many, many Hadith came by the use of the Nemesis.
And of course this hadith codici
whether words is from the nervous or lump and the meaning comes from our last Hunter, so I'm not communicating with these prophets in many ways. Allah spoke to Moosa
and so for the song, many ways of communication
and these communications from Allah comes in three forms.
Either know the demand something from us, or Allah gives us an option to do or not to do
or Allah makes a declaration I declare that this is Hello. Why declare this haram? In normal Hmong one Mason and sodwana Islam little bit ominous, your context illegal unless is me wine haraam and this black magic is Holloman all these things are gonna
stay away from me.
So Allah says Allah, Allah says why people Salah why to zakka Allah demands is the demand Allah says I you must face if you are if you have an assault if you are a rich man
so if you play soccer
somebody should ask you whose vision who's poor knows what I'm not rich but that man there was got the factory always got you know he's he's responding everybody knows he's no
rich people in Islam is not defined by by what amount of money they're rich rich by any in Islam is defined by whether he pays a cat or not.
Then what I'm saying to them
you should tell your child My child, I don't want you to be a nice man wonder I want you to be a soccer player.
I'd love to make your opinion of soccer.
Then in the eyes of Allah you will be in each and we want to be reaching the eyes of Allah was hot.
And the person doesn't matter guys.
You can you can receive your finger you can receive a sadhaka you can receive your soccer,
ball and anything that you want to do.
So what are the sources
that we derive our rulings from?
Is it only from the Quran and Sunnah Bitsy.
So unless there's a Pura, we have this one
is this
way we go on information from
Yes, all the information is in the plan.
And I had it explains the information which is in.
But then there may be times when we are confronted with a completely new thing, which is not mentioned directly in the Quran.
Or mentioned directly in the sooner hammertoe logs.
And then the two, so the two main sources of leads, we go first.
So far calls from the expert or where do you go first, let's go to the Koran. Sorry. And then you go to the cinema, if you can't find it in the corner only if you can't find it in the parameters.
Or you go to the corner and you find it. But it's not clear then you go to the cinema to get an explanation of that verse, or that word is.
Number two is Iijima agema, which we all heard with each bar for consensus of opinion.
way the scholars living in a particular age came to a conclusion that that particular thing. This is the
this is the answer to that
maybe three people give three different answers. But in all of them looked at these three answers all the scholars say over for harbor in the time of the sahab after the passing of the process on them. And they come to a conclusion that we will accept Ali's view on this and that became Iijima meaning that became consensus and that can never be changed. consensus as a harbor is a source of law.
inshallah I will
try and explain to you inshallah,
also
we say the Sahaba different amongst themselves. And I'd like to
I'm
explore with you and explain to you, how does habit different?
What were the arguments when they differed?
And did they always come to each law?
answer's no.
that many
of you, this is my view and 85 view. I'm not aware. He said, I've done like Norma disagreed with his father and he said, I disagree with my father's no consensus here. So each one of them kept their own.
They decided that they want to keep their view and so we aren't allowed to take any one of those views, but inshallah we'll get. So we have a really wide we never we didn't have a cushion so we can't we can't answer that question.
No.
You cannot answer the question by what your parents did.
Or what the Anoma before you did.
No.
Questions can only be answered coming from the Quran, Sunnah. Haba Iijima.
Of course, the one the fourth, one fourth source, which is of the four primary sources,
because the most primary sources Quran and Sunnah, then comes agema of this harbor.
And there are many scholars who have the view that the Masters harbor is the only Jabbar
because they say we cannot establish, with all the alumni and other ages, all agreed on a particular subject, why not because you're scattered all over the world. But as hava was all in Medina for for a while. So that Medina time that they were there, that each law
must be accepted by all the steps.
The source of law is chaos. And you've all heard of this. The AST means
that
you can't find a solution to a problem.
But if we look at the Quran, you find that this what Allah says here is very close to what we want to find out.
So what we'll do is we will take
the hook up of this and super imposes on the new problem. For example, the new problem or no, no problem. This is a live example is the column
is dance Hello.
So the cleaner boy will say but
the Prophet didn't know about drugs he couldn't have said anything about the Quran says nothing about drugs. The Quran doesn't mention in fetta means the Quran doesn't mention the HA, the Quran doesn't mention, there's not a single drug which is mentioned in the plan.
So if we say that the roll must come through the Quran,
through the Sunnah, and then we can deduce it from the Quran and Sunnah. Then what do we do with cocaine? And what do we do with the car? Do we? What do we say? Did we say, but there is something else in the parameters called wine, which has the same effect as
drugs. So can we apply the rule that applies to wine to drugs, when the result is exactly the same? That's exactly what we do. And that's called chaos.
So on the basis of chaos, we say that the simple reason why Allah made wine Haram is because it's the fixer. Fix the mind.
It's your mind and drugs also fix it it takes away. So the hokum of both in terms of chaos analogy, we compare the two the hokum is the same, what is the hoko the Haku Shara is that it is haram that everything which affects your mind
is prohibited by PSA.
Then there are other sources I'm gonna finish off with the other sources.
The other sources are
these are secondary sources. So the the primary source of currents on each mark as
the secondary sources are, number one, his stats on his death.
You can yet come from the word Hasson which means good
What is his dead son, his son his
juristic preference.
Other words, where the judge is given a preference
to give him Vedic
which is good.
What he doesn't know, which led him to keep this this strategy bad. Very good. That's a very good verdict. So the dad decides,
and that judicial discretion as we call it, is called a stressor.
Let me see if I can find example of that.
Just a second,
about hanifa himolla. So, the ANOVA because of the judicial discretion that they have, they have come to different conclusions on a similar topic. Trouble hunico differ from Shafi would differ from I haven't been humble will differ from
whatever other island is, in this particular field. So hanifa decides, says that the issue of the person who eats during a fast after forgetfulness
is reported to have said he said Abu hanifa
yet to give a fatwa on a person who eats when he's supposed to be fasting, after forgetfulness.
Abu hanifa said had it not been for the report by the people out have said that he should repeat his past.
So Abu hanifa
What did he say? He said, the people was the people were saying
that he should repeat his fast
and if it wasn't, otherwise, I would have concluded with it.
So Abu hanifa was
with the application he wanted to he also wanted to apply the rule that anybody who breaks is fast this was a broken image repeat but here there is a
condition this person didn't break his fast
he broke his fast because he forget he forgot that he was fast
and Abu hanifa is he remember the report where the Navy Salam said liability for three things has been lifted from the oma
three things we will not depart this for
liability for that's been lifted from this
forgetfulness you will only find it if you forgot
somebody forgot to backdoor so the the assets were forgotten.
No problem. If you've been door
before metal door first and then also it is as if you made your door in the time of
no alarm for you.
Because of you forgetful, forgetfulness is an excuse accepted by a lot was handled.
So profit of 73 things will be forgiven
forgetfulness a few fasting in the month of Ramadan and you forgot it is Ramadan many old people forget is Ramadan, they dish the food they eat and you come over them and say oh
hello.
Just fast art and your get your award in Sharla for the day, mistake, genuine mistake, you made a mistake.
forgiven. I love these mistakes.
And number three is you race if you were forced to do something,
you are forced to do something.
So this is the case of his son.
We addicts is preferred over analogy.
So what is the is that
if you
broke your foot you broke your first house. Press the brakes is fast. It must be fast.
But we yell we prefer that
text of the Hadeeth was high DC. forgetfulness is an excuse, which you will not be punished for. And if you make, if you're busy with making, if you're busy fasting and you bracket, your fast because of forgetfulness, you just continue to pause and you don't have to pay in the day.
So that is called. So our honeyville In this instance, acted as a
as a judge, and he gave the verdict, which was done in terms of his stepson. That is the fifth source of Islamic law.
The third source of Islamic law is all a Sahabi.
The vertic officer hobby
follows a hobby medical hobby
is a source of law. So if somebody asks you something and you say, say no, I'm not said this,
then you could and Dharma would never say something with a prophet that already said or which is the core core as already said. So this might be something which is was new.
For our office worker, or
like for example, the Koran was
collated
to Quran wasn't no compilation cannot happen in the time with an emphasis on the levee solid given, had given how many all the subrace hundred and 14 SWAT, he started from fact and ended up Filipinas. Each one, Zahava knew each surah
and according to each one after each other, so if I tell you,
these are all the names of the 114 tourists, they are better they have aka
I will say compile them as a collective. But then from one to 140. So when I when I studied, I was asked to put the Quran together he didn't compile the current report is complete, complete, complete, complete. He collated it, he brought it together, he just put it together for the 140 and put it in a folder and there was
so that was
the agreement of Abu Bakar to collect
all of us a great benefit for the Muslims of course.
But I would say that the last one does refers to the Quran is a book.
Koran refers to all to the Quran, even in the time when there was no book
which is the time of Revelation. Unless is Olive lambing daddy Kalki, taboo lolly Buffy
that he Kalki taboo, loughrea Buffy that because that book on the first occurrence, a book
or Baccarat was revealed. There were many insurers that was not yet revealed but yet only first visible which is an indication that Allah knew
that the time will cover in this current will be finished and will be pushed to
another deli. So that is called a Sahaja. I'm going to give you more but call us a hobby challenge future.
Then there is the last one
the last source
of Allah so we can go either the Quran so nige Marquis asked Allah mustehsan cola so how hobby in the view of his hobby or the photo officer hobby? Then the last one is mass Lucha musalla
muscle how Mozilla is that which is done
for the benefit
of the boosted community
benefit of further almost
nothing I Bara we can't say we bring this a bar for the benefit of the Muslim community. No No. Are we doing this because we want to do this is a benefit.
This only non ibadah matters of non ibid
like the condition of the
physical act from negative a bad
I want to give you just just one case of Basile hammer Salah in the time of Amara hottub Amara Fatah when became Khalifa.
It was
the judge appointed by the Navy so sanlam in Yemen.
So a case came in Thunder Valley as the judge where
a man and woman was accused of killing a child
Kill the child and bury the child.
So the case came in front of Ali. And Ali asked what details the details were that this woman's husband had gone away on travel.
And this woman had had an affair with this man.
And this little girl saw what her mother was doing. And they fear that when the husband the father was going to come back, that this girl was going to tell her father what her mother did.
So the two of them could fight and kill the little girl.
So the case came in front of signally Colonel Malala. Now to tell you how fine they how concerned they are, finally they looked at the Quran and Sunnah. So Siddhartha said but I can't judge in this case, because the Quran says a life for a life.
Enough said enough life for life.
Yet, you too, people kill the child. But the Quran says I can only take the life of one of them.
Because one life for one life scrunchies one life for one ally in doubleline, one alpha one I
couldn't make a decision. So he
sent
the message to our hopper explaining the case and asking our to give a verdict.
So my thought about and thought about it, and he gave the verdict, he said,
both these people must be put to death.
But the Quran says,
He says both of these people must be put to death, because it
is a must
a benefit for the
Oh,
because if we say that we cannot take the life of two people for one person, then whose life are we going to take
the man or the woman
we should leave them those,
then we can kill any one of them. Because both of them are guilty equally of the murder. So I'm not saying if we should just take the life of one of them, it will do great harm. Because what people will do is they will kill it groups.
Three people go kill somebody two people go kill somebody. They say what karate is only one of us and you don't know why it was. So we both go Scott. I was it was great cows in the community. So it is a benefit for the community to common it's called common purpose in outdoor South African law, this common purpose of killing somebody or doing any wrong, then both of you will be punished equally.
So
just one example of Musleh Marsala for the benefit of the community, the damage or the hacking
or the
whatever it is, it's in charge to move the other person to give judgment
should use all these sources in order to come to a solution. So inshallah when we meet again, later we meet again soon inshallah, you will continue and I think the next time I want to give you some examples of how this habit apply their minds, it will also give you an idea of how they were thinking and what brilliant thinkers they were.
Well, Alton Allah wa salaam aleikum ly Donna