Maliki Fiqh – Part 1

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Thomasina spinarak nan Rahim

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Allah and as

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you set them to steam, what are what

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are the 100? In?

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who studied have an answer before? Anybody else. There's even I'm sure has three sections. We'll start with the section on

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juristic principles. But before I do that, just a few things about who's actually practicing is everybody consider themselves? Maliki

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everyone?

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Yeah, okay, good. Okay, so I'll talk a little bit first about

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the, the med hubs, and then particularly Malik Smith happened and what, what the distinctive qualities of his med hub are.

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First of all, the,

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the, the, the basis of the religion is obviously revelation. So the prophets Allies

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had a revelation, which wasn't just the Quran because he said at an ohmmeter, who I was given a Quran and I was given the likes of the Quran, which is the son or his,

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generally the ultimate usen and Hadith to be synonymous, but the Moloch is actually differentiate between son and Hadith. They don't consider the Hadith, Sunnah, so to speak. The Sunnah is specifically practice and some of the practice was transmitted through practice, it wasn't transmitted through Hadees. So Mr. Malik,

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the practice of the people of Medina, he considered it to be Sunnah. Even though there wasn't a Hadith, necessarily relating it. I'll give you an example. There's a hadith in which the prophets I sent him prohibited fasting on Friday. But Hema Matic found that people in Medina, the olema, of Medina, fasting on Friday, so he said, I'm not going to take one had to eat and isolate the body and leave the actions of the owner of the city because they were doing this in front of the Sahaba. And they probably took it from the Sahaba. And the Sahaba didn't say Oh, the prophet said don't fast. So if there was a solitary Hades, and there weren't a lot of people that related it, Mr. Maddock just

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did not consider because the Hadeeth.

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There's a vast number of these and many of the Hadeeth are not, they have no application at all. And there's a lot of fabricated Hades, the potential for a Hadeeth to enter into the corpus, even if it has a sound meten is still not real high, but it's it's there, the probability is there. And it's actually a reasonable probability. It's not a, an outrageous probability. So that's why there's a great rigor in how to look at the Hadees. The fuqaha have a completely different attitude towards the Hadith at the Mojave zone have. And a hanifa of Delano is a good example of that, where he, he rejected many, many absolutely verified sound Hadees, because they went again, against certain

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principles. And this is where the nuance of

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the nuanced understanding of the AHA

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really comes into confrontation with the simplistic understanding of people that preach the book. And the sooner is there's certain people now, there's always been that strain historically in the Muslim community. But there are people who say we should just follow the book and the Sunnah.

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As if somehow these previous people weren't doing that they were doing something else. But when you get into the deeper you study this, the more you realize that not only were they following the book in the sun, but following the book in the sun, that is not as simple as it would outwardly appear, especially in light of language and the multiple possibilities for for meaning and how meaning is interpreted in language and also the fact that there are contradictory Hadees which no Muslims have never denied, and there are abrogated, Hadees there are abrogating Hadees

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and then there are questions that arose that different perhaps resolve them in different ways. Does a multilateral Hadith abrogate a verse in the Quran, for instance. So do

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you know what is the relationship to the Quran and the Sunnah? These are all problems that were examined early on and in the community's history. So when you look at the the the schools, a certain schools arose very early

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on

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bass Hall Delano it was known if people wanted an easy fatwa they went to my best if they wanted a hard fatwa, they went to even Oman, or Delano. So even in Medina, there was a acknowledgement of different approaches to the the text. If an eye bass reflects more the Benny Hashem approach, and even more reflects more his father's approach on motivation on hapa, the prophets Allah I sent him said, if there was a prophet after me, it would have been Omar, or the lion who so and he also said that, if Omar took a path, chiffon would take another path.

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He also Ahmad is the only one that had what are called the waffle cart where he was of the opinion of something and then the revelation will actually affirm his opinion. And in a few instances, it actually confirmed his opinion in contradistinction to the prophets, opinion about something from taking the advice of the Sahaba the Prophet, listen to them, and then he took the advice, and almar out of the lungs advice turned out to be in accordance with the revelation. So a lot of people now unfortunately, view the med hubs as

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that they're somehow not following the book and the Sunnah. And so they call people to directly going back to the sources. And the problem with that the central problem is this. The in order to access the source material, you have to have a vast amount of ancillary knowledge. If you don't have that knowledge, you're just not going to be able to study these sources. The first criterion is just Arabic mastery and Arabic mastery is not. It's not doesn't mean you speak Arabic, or that you can read or write Arabic. Arabic mastery takes many, many years. And even today, it's questionable whether anybody could really master the Arabic in the way that it was mastered in that early period

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because they were in direct contact with people that understood these things.

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Immediately, so Imam, Feroz Abadi said and many of the scholars of grammar say, now you hit a bit out of the inland Navy, nobody will encompass the Arabic language except a prophet that nobody even some of the language said that nobody in the history of Islam has ever claimed to know all of Arabic. Nobody, nobody's ever made that claim in the history of Islam to actually know all of Arabic. So the language is vast. There are many, many points there's a lot of differences of opinion about

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prepositions in the Quran what prepositions mean. And I'll give you a couple of examples to show you just about how they arrived at different things. One of them is there's there's a hadith that the Prophet Elias and him said whoever fasts Ramadan and then follows it up to battle

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with with with six days of chawan right so people know that right it's good thing to fast six days of Shiva well he said minchah one and use the men in the Hadith that had been imagined relate and that and that had teeth is one of the Hadees that's used in by the hot but him I'm sure very understood the men to be men a variable because there's a type of men like a cult to mineral hubs, I ate from the bread so it means I kept to bother men and homes I ate some of the bread that's men. There's also men and empty that are men and band there are different types of men in language so like you say noon osito minute or an in the Quran it says noona zero minute Quran that's men as

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means the whole Quran is just a min you beginner, Medina zero men who like that it just clarifies what's being revealed. So the men there is actually a type of men that you could just take it out and you'll still have the meaning and

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then you have like mineral empty that I take to mean Mecca. I came from Mecca, these are all different types of one preposition in Arabic. And so in that Heidi Imam Shafi said that it was too variable. The men was too variable and so you had too fast in chawan Mr. Malik said the mean is for empty that it means beginning with show up whoever follows up six days beginning in chawan. If they follow up Ramadan was six days, then they Thank you then they get

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then they get this the reward as if they fasted

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The whole year. So that's an example where the moms are looking at the identical nurse, the same nurse that's called a nurse. They're looking at the same nurse and they come to different conclusions completely. One says you can fast anytime during the year and you get that reward. The other says no, you have to fast specifically in that month. Those are two valid opinions. Now

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this went on with many many things in the shediac. There are many examples of this, about these very subtle linguistic differences. For instance, in the Quran, it says bureau OC comb and it says that you from several bureaus can like wipe your heads. The bad there, according to Imam Shafi was bad.

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Right? It meant the back of part of something positive. So Imam Shafi said you could just do a little bit based on his linguistic understanding eema maddix, at least a minute out obeah.

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You know, there's no better than Arabic. That was his opinion. But he mo Shafi was a master of Arabic. So his opinions as valid azima Malik in that because they're at the same level in terms of their issue had. So the mathematics said the brothers that either it's an extra bar, which there are many examples of that in the Arabic language, Zuma Matic said, it meant your whole you have to wipe the whole head, not part of the head.

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That's an example same tax, different conclusion. So who do you follow?

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Well, on a lot of these things, they have equal authority. They're just now there are other ones where it would appear one opinion is stronger than the other. But generally, the myth haves because of the nature of human nature, each men have will consider their opinion to be stronger than the other. That's human nature. And that's where you can get into stupidity. There's no doubt about that. That's where the metal hubs can become like tribes or clans, or gangs. You know, and and that has happened historically. But that's a human problem. It's not a problem of the med hubs, per se. That's just a human problem. So to blame that on the med hubs, as opposed to blaming on a human

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nature is like claiming that religion is the cause of all wars. When the 20th century all the wars were fought over secularity. So man just needs a

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certain set of circumstances to find an excuse to go to war. So you can't blame war on any specific thing. You blame war on human nature. You don't blame war on? Oh, he said that. That's why we went to war. That's not that's not why you went to war.

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You know, we didn't go to war in Iraq for oil. But that's what people say, you know, we went to war in Iraq, this country did for there's human nature, greed, there, whatever the reasons are, but essentially, human nature is the problem. And that's why within the methods, human nature is the problem. So you can't blame the madhhab for the problems that have arisen that involve the madhhab. And that's why the Ocala the people of understanding don't they don't have that. So, you know, there was a time when certain scholar and this is what they use these arguments against madhhab. There was a time when certain scholars in the Hanafi madhhab said that you couldn't marry a Shafi woman.

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Right? The Hanafi couldn't marriage. Why? Because they said, because they

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they're not certain about their faith. Right? Or vice versa. The chef is, yeah, they're not certain about their faith.

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And

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that happened, there's people that had that opinion, that's not a medical problem. That wasn't one of these and charities that was mad at these and machetes.

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Right, because the maitre D these to them faith is a is a

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a hell of a person and

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the with the with the machetes, it's more of a mcbomb. In other words, the material is believed that you can be a believer and then leave faith.

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Whereas the shadow you say, no faith is even if you're in a state of disbelief. You're a believer with God. And that's why you can say if somebody says, Are you a believer, you say I'm a believer in sha Allah.

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Well, the metody they say, That's doubt you're doubting your faith.

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It's just semantics, because he's not doubting his faith. He's just doubting whether or not he'll die with that faith. He doesn't know.

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But the majority say no, you have to say you're a believer. And you know, you're a believer because if you have doubt in your faith, you do. So that's an example of mediocre OTA MMA fighting over a semantic issue and creating problem. Is that a problem of metodi This is no it's not

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Problem of just excuses to fight.

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And and that's why you can't take a lot of these things seriously Personally, I can't take them seriously. I mean, most of the stuff is just human folly. And and you have to be like the, you know, the man in the, you know, when you have a projector in the old days when I was growing up in the movies, you had a man sitting in the back, you could see him,

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right, running the project. Now it's all computerized. But in those days, you had a man in the back. And he was always reading a book during the movie.

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Right? He wasn't entertained, because he'd seen the movie so many times. And, and that, in essence, is that what you have to get with human nature is just like, this is a rerun.

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You know, these are just reruns, they're uninteresting. So all this fighting and you know, oh, he's a bit of a and he's a people have been doing this for 1400 years, if at a certain point, you just have to see it as an uninteresting scenario. Like I've seen this movie before, or I've read about it before, it's just not interesting. And people that get caught up in these things. It's what's in their hearts.

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It's what's it because they're enjoying it, it's exciting. And, you know, people get excited about fitness.

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And, and they get energy that they didn't have normally, like, they don't have the energy to do good, but when it comes to fitness, they'll start staying up late at night and, you know, writing their blogs and doing it's just amazing the type of energy that people get. So, in terms of the, you know, the the the med hubs

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they formulated early in my Malik's madhhab is he does not consider him himself the origin of the Maliki method. He sees himself as somebody in in a tradition and the tradition is the School of Medina. That's why if he

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calls his book, The tip of a Helen Medina, the fifth of the people of Medina, he doesn't call it Maliki sip, because Hema Malik is is,

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is the central.

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He is the central proponent of that school, but he is not the founder of the school, nor nor is he

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nor does he see himself as that. So, now, Imam Shafi Delano is more of the founder of his school because his methodology and his approach even though it was also he's in the line of his teachers, but he broke with him ematic on certain issues, and, and Imam Shafi who was becomes Mr. hedmark, Locke, and it's not permissible for somebody like that, to follow a teacher blindly, that he, he, he, he develops an old soul. And he has certain opinions that are

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that are different from in mathematics opinion, about hanifa delana was also in another school

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in Iraq. His teachers relied a lot on on the intellect. They weren't martitegi light in their approach, but they really recognize the central role of intellect in interpreting the

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the what's called know what's transmitted and and then

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I met him in Hamburg, who some of the earlier Allah did not consider him actually even to be a

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an independent school. Although the humble is argue vociferously against that opinion. Many of the early people did not consider the humbly school to be a school of filth because he

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said central role was as a collector of Hades and his most net has over 30,000. I mean, he was a masterful collector of Hades, his fifth opinions are very diverse. So unlike the other schools, there are a lot of different opinions in the humbling method from the Imam himself. And so it's hard for the homies to actually determine what was the Imams actual opinion on that subject, Imam at his house was attacked by him. That is because he said publicly that he did not consider the hanbali school to be a school of phip. But it is a school of thick, it's a it's the smallest of the four. And then you have another school called the body school from abodo de la Harry, who was a Persian

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puppy, and his school spreads in several places. He rejected the PS which is an illogical reasoning, and his schools spread portugu and lucea for a period of time, and then it died out in the in the eighth century and hasn't there

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There have been attempts to revive it. There's people that are attracted to it today minority of people

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but it's it's a dead madhhab Now the reason why meth labs are living traditions is because they're handed down and no tradition is tried to tarry is what's handed down. And that is what knuckle means, you know unquote Oh, like you you you you transmit something to another person you carry it. And the provinces have indicated that in a hadith in which he said Salam it was said them

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yeah, middle had a dean min Cooley Aparna Urdu Lu,

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you have a phone and who to hurry for Arlene when she hadn't moved in with that we'll jailene that my this, this knowledge will be carried.

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Yeah, mille

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right. It will be carried in every generation by upright people. You know, do people have Adela and do that oh, do are people that they don't have any kabaya. And they're not known to have constant sire. That's the definition of a drone. And Heidi is somebody who nobody has ever heard that he did any major wrong actions. And the minor wrong actions, there's nothing that he would do repeatedly. So he's not a back biter or something even though backbiting there's enough, you know, some say it's a could be at all but could be

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the dominant opinion is it's it's, it has a had punishment related to it. If it doesn't have a had with the exception of a certain sins that were clarified of being so enormous, there wasn't a high punishment for it, like somebody who gives false testimony, things like that.

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You mean, somebody who swears a false oath. So the the Oh, dude are the people that carry this religion, and they transmit it and the transmission is does not mean that it is a dead thing. So when people say that, you know, you follow the Maliki madhhab. And people say, Oh, well, Malik didn't get everything right. You know, there were had these he didn't know that this is an argument that you hear this? Yeah. Oh, he there's Hadees. He didn't know. First of all, the likelihood of those four men not knowing all of the Hadeeth that relate to actual outcome is is highly unlikely. Because one there were not a lot of Hadeeth that relate to an outcome

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to these were very vibrant intellectual societies. And these, there were scholars who were teaching email medic had over 600 scholars from the tabbing in the city of Medina. So the likelihood of him not coming across headings that related to an account is just highly unlikely. Imam Shafi studied with Imam Malik Imam Abu hanifa knew Mr. Malik, he knew his opinions in mathematic knew the opinions of Abu hanifa. I mean, literally, he knew what his opinions were. So that idea is not a strong idea. But even if granted, they didn't know let's say they didn't know maybe they didn't know 10 20% even in mathematic refused to allow Monsoor Abuja to force his opinions on the oma because he said the

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Sahaba spread out and there's Hades, maybe they didn't reach us. And people also are following what they're used to and you shouldn't impose

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foreign opinions on on people that are following something that we're used to see my medic rejected the idea of having his med have become the madhhab of all of the the community. But Mr. Maddock are Delano, he, he was

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his madhhab was

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was a madhhab of Hades. I mean, he has opinion but he was a mehtab author, and I've had it and so he knew all of these heads, but and this is the important thing to remember. The meta of of email Matic is a collected it's it's a it is a corpus of knowledge that has been collected, has been codified, and has been reviewed over and over again for centuries. There's still Mauna Kea scholars and check out delevan Bay is an example of that, that are examining the source material and coming to their own conclusions. So the med hubs these format hubs have never been static. They've never been when you say you follow the Maliki method, it doesn't mean you follow Malik on every

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opinion there are opinions in his madhhab that go against what his opinion was. There are opinions in the Hanafi madhhab that go against the opinion of Alba hanifa. their opinions in the Chevy myth have to go against the opinion of the mom, Chevy, because their followers followed their methodology and said, Well, according to this methodology, this is a stronger proof.

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There are also followers in the Maliki madhhab that different with him on Malik about certain points that he made. So even though they're monarchy, they don't necessarily agree with all the conclusions that Imam Malik came to about certain things so. But what emerges is what's called two principles, there's three things, words that you should know, mature, Roger, and Dave.

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mature, is

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what the majority of the Maliki scholars and these are them who stay don't either Mr. Hayden makaya, don't wish they don't there's different types of he had in the method. But they are the most they don't have the madhhab. And it is when the majority of them argue a point. It's called misure. In the method, it's called mush hole. And that is what if you are a mockolate, if you're somebody who hasn't achieved a level of jihad, it's what the Met have demands that you follow, unless you have within the madhhab certain

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conditions or circumstances that enable you to go to a different opinion. And that's done by a Mufti within the med hub, who can determine that for you. The second is called the Raja. The Raja is the preponderant opinion. So it's my Kalia delillo. It's, it's where there's a stronger proof,

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most of the onomah of the madhhab

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do not they kind of reject that distinction. But there are more ohakune in the myth have great scholars in the madhhab that will argue that even though this is the dominant opinion, the proof is against them, they will argue that and there are some people that take that and there's some people that don't so you'll find that but it's a strong opinion, is there's no doubt. And and the above and the saddle are examples of that. And I'll go into that when I get it. But there are those that argue that the Bible is the Roger the saddle is the module, but the saddle is mature. The saddle is the dominant opinion.

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Well, the people are mature would argue that the mature is the Roger. So you

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you know and generally that's what they will argue that this is the Roger is the mature that they're synonymous. But in the books, there's a clear distinction, although sometimes they are used in judo. synonymously and that's why these books if you don't study them with teachers, they're really complicated. They really are, if you haven't, especially the technical terminology and especially masters I mean, that's the best is to take from the masters.

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But you know, it's time mom suffices when you don't have water. So the

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now just a few things about the method. EMA Matic was born outside of Medina,

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near Hi Bob. But he grew up he spent his entire life in Medina, his his father was from the US, which is a Yemeni tribe. They were actually kings of Yemen. Some people claim that he was from the Mohali of the US, but he rejected it and his grandfather clearly states that they were from the US and anessa Amano and Allah and savvy him people should be trusted about their unsub autofill and sap is Fiske to challenge people's and then he is fisp in the dean, you should not challenge people's in it unless there's a clear proof somebody's claiming something and it's clearly fabricated. But otherwise, if it's something where people you know, it's just opinions, you believe that people

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about their lineage.

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His mother Alia was a Tamia. So he has he's related to abubaker sudip. Through his his maternal side of the family, there's the appeal and

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he was a very, very brilliant early on but his mother is should be credited with a lot of the mathematics Sophia. She used to when he was little boys used to wrap them in a turban. She would actually tie his turban and send him to his teachers and

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When she sent him to hormones, she said, take from his patience before you take from his knowledge. So she understood that part of the purpose of studying was not just information. It was actually about character. That's a very important point. And he had brilliant teachers, or VR was one of his teachers had been a hormoz zahedi. He was beloved by his teachers.

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He also one of the unique things about Monica is most of his teachers became his students, even his great teachers. Most of his teachers ended up actually taking from him. And by the time he was 17, he was giving fatwa and he said, I only gave patois after being permitted to do so by 40 and then rewire 70 Mohan neck people that war they're the ultimate used to wear the turban with a part of the terminal under the neck. It's called technique. You see it in the Sahara Desert, they still do that. Most places they don't. But their own Mr. Medina did that. And he said, I only gave it to her after 40 of the Mohan macoun that Mr. Medina considered me to be worthy of giving fatwa. And he gave fatwa

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until he was almost 90 years old. So in mathematics, opinions change over time. And that is why you will find different opinions throughout his history. Because he was learning and knowledge and as you increase in knowledge, you change your views about things. He was blessed at having a very long life. They said about Imam Shafi that it was fortunate for the other methods that he didn't have a long life. Because had he had a long life, there wouldn't be other methods left. You know, he was so brilliant.

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He died when he was 54 years old. And his madhhab interestingly enough, because of him, No, he has very little of diverse opinion, the Hanafi. And the Maliki methods have a lot of diverse opinions. They were also ruling methods, both the Hanafi and nomadic, you met that have had the most number of states that their med haves actually were the legal mechanism of the state. And for that reason, because of the nature of running a state you have a lot of diverse opinions in the methods that somebody might have. The the current Saudi Arabia,

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Saudi Arabia is is the first real humble Dola.

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And they really haven't had a dolla before that and the shafee obviously Yemen and

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southern India and a few other places they've had power also but the Moloch is had all of Africa and for a period of time in mathematics. madhhab was was the main hub of the Arabian Peninsula, including the Nage nest used to be Maliki the eastern part of Arabia was all Maliki Bahrain was madikwe. The Emirates now is still Maliki. Qatar is part Maliki part humblebee. Kuwait is officially Maliki because that was a regime Iraqi, there was a large portion of monarchies in Iraq before the acid k life. Because the Hanafi madhhab became the official madhhab of the state. So a lot of people switched to the Hanafi madhhab. And you will see there was a study done at Harvard that showed that

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during the early period, the Mauna Kea method was the dominant method, but because of state power, people began to convert to the Hanafi madhhab to get jobs.

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And that's why you will find in the books of phip that they prohibit converting to another method to get a job, because that was obviously something that happened at the time. But his method was in hora sun also it was it was in India, there were monarchies in India, there were monarchies in Iran.

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And

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that became Hanafi. Land and the monarchy method died out, and then it moved west

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into Andrew sia. And the great Maliki countries are really

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Egypt, which is the dominant Maliki school.

00:34:29--> 00:34:45

Now it's limited to the site. But in the early period, the great Maliki scholars were from Egypt proper down in Alexandria and in Alba Hara. So the Maliki school the dominant opinion of the school is the Egyptian school.

00:34:46--> 00:34:47

And

00:34:48--> 00:34:59

after that, you'll have the Moroccans have strong opinions the Tunisians and the enthusiasts and the Iraqis also but generally, when we say the majority of the madhhab, we're talking about

00:35:00--> 00:35:02

The Egyptian school huh?

00:35:05--> 00:35:18

That yeah there is I mean the Sun Moon you know I'm sorry noon there's four major books in the Maliki madhhab the law they have the RTB the modal wanna

00:35:19--> 00:35:24

a while we'll, we'll Marzia those are the four main

00:35:26--> 00:35:48

LS idea is becomes the Moodle one. The US idea was assets when Alfred was Ali who studied with the mathematics. And he wrote a book, which has Malik's opinions called the SF via email, took the US idea and revised it and corrected things. And and then he showed it to

00:35:50--> 00:35:52

even even opossum

00:35:53--> 00:35:59

who was very happy with it. And when I said they'd been on for art was shown the book he said,

00:36:01--> 00:36:14

Why do you need that when you have my book? And and the man is generally even though he was a great man, they generally say that that's the reason why he just didn't get the trophy that him and Simon did because

00:36:16--> 00:36:35

and it's a very human thing to do. He obviously put a lot of work in his book and you know, it's always depressing when somebody out does you at something that you've put a lot of work into, you know, so that that happened and but this the, the modal one of em I'm setting on is,

00:36:36--> 00:36:46

is the the book now that the med have relies on that book is, you know, been printed in four or five volumes.

00:36:47--> 00:37:06

It used to be memorized. So the last person that I know that memorize, though not personally but I know that memorize it was it been hidden in a hug and was the fall of the of the monarchies in Egypt in the 14th century. But it's important to note, even though he memorized the whole Madonna, he wasn't considered

00:37:08--> 00:37:27

a major player in the modern method. He doesn't have an opinion in the books of the monarchy. So that shows you that rote memorization was even though he was a genius also. But rote memorization and knowing the madhhab did not mean that you necessarily had an opinion in the med hub. So

00:37:28--> 00:38:09

now the Madonna den is abridged, into the body of a body and that becomes the dominant book that's used and then that was abridged again by Eben Habib and then 111 is half abridges. That book and the abridgement of honey Lebanese harp for some reason or another, becomes the dominant book of the madhhab. He abridges it, you know, and it just that's what everybody in the Maliki school started studying after him, and he, using the Egyptian and then his book was abridged by another scholar of a bottle cutter.

00:38:10--> 00:38:16

And this is the first volume of that abridgement and his commentary on it but he abridged the Acropolis Masonic, which is

00:38:18--> 00:38:34

written 200 years ago, so the madhhab becomes abridgement of abridgement of a Britishness now even I show who was a student of not a direct student, but he was a master of Kalyan, and he talks even as he

00:38:36--> 00:38:43

took the mature in the five pillars, and he abridged this book.

00:38:45--> 00:38:54

And that's this book is usually the second book that people in the meta have study now. If you're in the eastern world, they studied the Asheville area,

00:38:56--> 00:39:01

which is Egyptian Sudanese text. If you're in the Africa,

00:39:03--> 00:39:25

west of Sudan, you study a buddy as a first text generally, and then even as a as a second text. The result? Even Abizaid sometimes that is it depends on where you are. The reseller as a third intermediate tax, which is similar to share for nos Shafi text

00:39:26--> 00:39:57

of the reliance of the traveler, the reseller is a intermediate text and written by Kalani, who was a brilliant fourth century Maliki scholar who was known as the little Moloch because of his knowledge of the method, and then the the, the final book that studied today is hollien. Generally, and and then if you go into pata they study the oven on awesome

00:40:00--> 00:40:10

I can. So that's the madhhab today, but the primary sources and people that master those, those basic sources

00:40:11--> 00:40:21

that go on to like somebody like Abdullah bin Bo, who becomes a master jurist will study the almohads. When you study the almohads

00:40:22--> 00:41:08

you get into vast diversity of opinion. I mean, even in these books, when you study the commentate, you see how much diversity of opinion, the shediac is very flexible. The shediac fic also, technically is not Shetty. I mean, shediac is the hokum of God. The fifth is the understanding of the hokum. So Allah says something and then how people understand it is what becomes phip that's why the prophets Allah I sent him said menu, the menu the delay will be hired on your dean, the one that God wants good for, he will give him understanding of the dean. So the dean is the Shetty ad, it's, it's, but having an understanding of that is another thing. So some people have good understanding.

00:41:08--> 00:41:44

Some people have mediocre understanding. Some people have poor understanding. And you'll find all of that in, in in the permutations of the Ha ha, you have ridiculous opinions that show up and you'll read them and you'll say that is completely insane. But it's an opinion and it's mentioned in the books. And and then you will have brilliant, just amazing opinions that you can't believe. How did he think of that? How did they derive that ruling, so you're going to get that whole spectrum of opinion. And then the third is the ability to choose the best a letting you stay in your own

00:41:45--> 00:42:23

center, those who listen to things and they follow the best of it. And that's basically what the med hubs have done. It's Teddy, they have over the time chosen what they believe to be the best understandings from all of these great scholars that lived and and their opinions become codified, and they become the madhhab. So it's important to note that even though the we believe these are a cam, and we believe that they fall under the categories, it's still human understanding, and the early community did not say halal and haram. With that becomes a later.

00:42:24--> 00:43:12

I mean, the later owner might use those terms in the early community, not EMA Matic did not use halal and haram. Unless he had another idea that something was hot on. He didn't say how long or how long they used to ask him questions. He'd say, layer Giovanni. I don't like that. Or a karateka. Or McNally and as people didn't use to do that, or they have to learn for sock only bad people do that. That's that's that's the extent he would not actually say that's halau or haram because it was such an enormity. To do that a tough taruna Allied keba you know, TLC fu lc nichicon Katie bajada, halaal ohada hom the tough todo Allah like a diva, you know, you describe with your tongues lies saying

00:43:12--> 00:43:55

this is halaal. And this is haraam. And you're lying about God because if God didn't say it, you have no authority to say it. The major cinema and and and part of the reason for this, it's understandable and and we have to live with it. But part of the reason for this is because for comedy in the early period, people were very educated. And and and there was a high level of sophistication in the community as time went, and they were also aware of all the diversity of opinion. But as time passed, and these methods began to be geographical. So you were living in a place where it was all monarchies? Well, you don't want to tell people in the opinion of Mr. Malik,

00:43:56--> 00:44:31

the hokum is this. Oh, you mean there's another opinion, and it creates confusion in common people? Because the owner might just want to tell them, Look, here's the hokum because they're asking what does God say about this? Well, if I have to explain to you, this isn't really what God says. But this is what we think God says about this situation for people that you know, common people, they're going to get confused. And so the oma chose to go that route of saying, This is the hokum it's how long to do that. Even though it might be a hot arm only in your madhhab

00:44:33--> 00:44:38

now we are unfortunately or fortunately, we're not.

00:44:39--> 00:45:00

Times have changed, you know, there's a lot more literacy, there's people that can read for themselves. You can Google Now. And I don't say that facetiously. I mean, people can look up that you amazing what you know, look up rulings online and, and there's some really accurate information. There's also inaccurate information. There's a lot of nutty

00:45:00--> 00:45:10

stuff, but people are, you know, generally, it's a little harder to get them to swallow that pill, or to drink the kool aid of the madhhab

00:45:11--> 00:45:40

these days, but this is our Dean, and this is this is, if you take it away, you unravel something very precious, and you'll find yourself naked, and shivering in the cold without it. So this idea of just disregarding this stuff, is insanity. As far as I'm concerned. On the other hand, the idea of taking this as written in stone, which, to me is is traditionalism you know, it's not tradition, it's traditionalism

00:45:42--> 00:45:59

to take this stuff as written in stone is also dangerous. And, and you, you can't do that to people, because humans by the very nature of life on Earth needs flexibility. And that's why the old soul is there,

00:46:00--> 00:46:06

for adaptation, and for the ability to be flexible, and so you cannot

00:46:07--> 00:46:43

try to impose a body of work on on people without recognizing that condition sometimes necessitate that you find dispensations for people. Now, the way of the the real is that they're they tend to be hard on themselves and easy on other people. And the way of them on iPhone of these traditions is that they're easy on themselves and hard on everybody else. So and then there's some people that are hard on themselves and hard on everybody else. But the key his role is to be, you know, Dana said,

00:46:44--> 00:47:02

and fapy, who else who are oxytocin and SEPA, you know, filk is is taking a dispensation of leniency from a trustworthy source. And that the Lido Sunoco Kula had, as for being hard and

00:47:04--> 00:47:21

rigid in your opinions, everybody's good at that. Anybody can say it's how long? You know, anybody can, but real phip is facilitating people's affairs. You read the kumala, looser allowance is for you, you know.

00:47:22--> 00:47:27

So that that's, that's Is there any questions about any of this that I've gone over?

00:47:28--> 00:47:28

Mm hmm.

00:47:30--> 00:48:18

And that's certainly a modern view. I mean, traditionally, people in the history of Islam, you won't find any item of any weight or worth in the last 1100 years that did not have one of the methods after his name. Email. No way a Shafi email might have to be al Maliki or the Yaba, Maliki even agilus Padania, Shafi email Mata Howell Hanafi. I mean, they all follow the method so that that has been the tradition. Now I once asked one of my teachers about a saying that's common madhhab will me man up, you know, the madhhab of common peoples whoever gives him fatwa. And he said how the Sahaba in Ghana will bathroom in Ghana bah ha you know, it's it's sound from one perspective, it's false

00:48:18--> 00:49:03

from another it sound in that if you really don't know anything, then if you go to an authority, you just take what they give you. It doesn't matter what what it is, but he said it's not sound in that you should learn your deen and the way that you learn your deen is is through these texts if you want to reinvent the wheel. It's very hard to do that. I mean, if you know if you say like I'm gonna follow Sadat and maybe you can like Katara you know the prayer of the Prophet as if you see it, which was written by an Albanian Syrian scholar not and also the dean Alberni wrote a book called The prayer of the product as if you see it. Now the idea there is somehow that EMA Malik's prayer

00:49:03--> 00:49:27

was not the prayer of the Prophet, or Mr. hanafuda. prayer was not the prayer. But Mr. Malik, it one of his primary teachers was Nadia, who was the freed slave of even Omar and Omar of all of the Sahaba is noted to follow the Sunnah more than any other Sahabi. So if maddix primary teacher took directly from even Omar who saw the Prophet pray,

00:49:29--> 00:49:58

didn't Malik know how the Prophet prayed? I mean, it. So if you're gonna follow Nasir to Dina lalvani, what you have to understand is you're following his Taraji hat. He's picking for you the Hadees that he thinks are the sound is heavy, so you're really following not so traditional al Banna, you're not following the province of Lysander. I mean, you're following him in that he's taking from the Heidi, but you're taking from his understanding when you take from this. You're taking from

00:50:00--> 00:50:03

1000s of Obama have a school

00:50:05--> 00:50:29

that happens to be named after the man that codifies the the methodology used to do those times you have to interpret the Hadees because each of the schools has their interpretive hermeneutic their means by which they interpret. So you can say that, and the methods can be a source of, of, you know, separation, there's no doubt about that. And, and,

00:50:30--> 00:51:13

you know, the idea of like, and there's some people do say that, you know, I don't, I just want to be a Muslim. And that's true. And we are ultimately all that's what we are, whether we're in the Hanafi class right now, or the Maliki class. You know, we're all Muslim, Imam Zaid, one of my closest friends, and he's Shafi. You know, it never even comes up, we never even discuss. I mean, he might ask me, or I might ask him on occasion, what's the Shafi opinion about something or What's the matter, but it's just not an issue. And that's what I was saying, you have to be like the man in the in the projection room. You can't take the melodrama that people make of this stuff seriously. But I

00:51:13--> 00:51:17

will say there is an opinion and it is a valid opinion of what's called tancy IP,

00:51:18--> 00:51:30

which is to choose from the different methods, you can take different opinions, the owner must stipulate that you're not take the easy opinions of the methods because your religion will disappear.

00:51:31--> 00:51:44

In the in the Hanafi, madhhab, a woman could marry herself without a welly. In the madikwe method, you don't need shoot for a marriage contract to be valid. in the, in the

00:51:48--> 00:52:29

in what's Uh, yeah. No, Malik has gallery but there, there is a madhhab I don't know, beside that. 100 fewer than that, or the humbly the gallery doesn't have to be any material thing, you can give a gallery of something, like, teach them a loss, for instance. So you know, in the end, you can have a marriage without, without marriage, if you took from each of the opinions, there's an opinion, you know, that ice does not break the fast in Ramadan, you know, I mean, you can find just crazy opinions. One man actually put all the Rojas into one book and brought it to the K life and the Kate have had him in prison.

00:52:30--> 00:52:33

You know, cuz he said, you're gonna destroy the religion.

00:52:34--> 00:52:41

So you, but there's times to follow simple, easier views, if there's real hardship.

00:52:42--> 00:53:22

There's times to follow that. So, you know, there's times if you're a hanafy, that and you're gonna go on an airplane, and, you know, you know, to follow the Shafi opinion of joining the prayers, in certain situations is reasonable, you know, because the Hanafi is don't join the prayer. But in modern travel, sometimes it becomes very difficult. So to go to another method to facilitate that, given that they're both valid opinions. It's not that it's not the outcome of a law that you can't join the prayer. It's the hokum of the Hanafi madhhab. Now they will say that's the hokum of Allah in their meta, but that gets back to what I was telling you before. It's their understanding of the

00:53:22--> 00:53:26

whole komaba law. And, and so,

00:53:27--> 00:53:36

you know, I mean, I would argue that, and this isn't I mean, I'm not arguing but this is what I was taught not and it makes sense to me that you should study

00:53:38--> 00:53:49

a madhhab in your basic Deen because you need to fast and you need rules of fasting and and the method provides those rules in a very

00:53:51--> 00:54:34

intelligent, systematic way, and you need to pay your zakat. Now, there's differences of opinion in the med hubs about these things. And I think I covered very briefly why those differences exist because of language because of interpretations, not because they didn't know the details, trust me that that argument is absolutely. It's a false argument that some people put forward but it is not true. These methods have looked at the other methods. They know the details of the other methods, the greater Obama knew the opinions of the other schools, and sometimes they actually said you know what, that opinion makes more sense. So you will find Maliki scholars like Mr. malami, who preferred

00:54:34--> 00:54:54

the Shafi opinion on certain things in the Hanafi madhhab. If they don't find a valid opinion in their method, it's actually in their own soul to go to the Maliki method and and take what the Maliki say. So even within the methods, there is a respect of the other med hubs but they they draw different conclusions based on their methodologies.

00:54:56--> 00:54:56

Yes.

00:54:58--> 00:54:59

hanafy without a whirly

00:55:04--> 00:55:14

No, in Maalik, you, you can the opposite is valid without the shoot there has to be shoot at a certain point but the after that takes place if the Wali does it, then you need to inform.

00:55:18--> 00:55:23

Well, they see that's the point. If she's a hanafy, then she could follow that. But if she's not a hanafy

00:55:24--> 00:55:57

then then it becomes dangerous because you can. The Prophet said learning Kadeem, Allah, Allah, Allah, you know, there's, there's no Nika for the one that doesn't have a wedding of a hanifa understood that to refer to the moose vara, the girl that was still in a state of Ichabod. So in his opinion, if she'd already married, then she could remarry, or if she had that benefit, you know, if she got the signal rushed, where you gave her money, and she was safe with her money, then then that was his opinion that but that's an opinion.

00:56:03--> 00:56:06

No, there's no wizard, why would there be wizard? I mean, it's a valid opinion.

00:56:10--> 00:56:19

Well, and then Hello, john elfrida is supposed to have to get out of the lab is Mr. hub. So the HANA fees don't encourage that.

00:56:20--> 00:56:35

It's just it's an opinion, and it's a valid opinion, but they don't encourage that that, you know, in normal circumstances, there should be allele in in certain excruciating circumstances, then it would be a permissible thing for a woman to do, but generally, she should have a wellI.

00:56:40--> 00:57:25

Well, the prophets I sent him had dismissed, say, he didn't need even witnesses anything. The Prophet had a, you know, his dispensations in marriage. One woman his marriage was just to put his cloak around her. You know, so the prophets lies to them. I mean, his practice, his personal practice can't be taken as a, you know, a means of what we're able to do. Yeah, I mean, the prophet had dispensations about it. He had dispensations that facilitated his work. But he had dispensations that made it harder to meet the prophets. It's not all, you know, I mean, people that think that the prophets lies, and somehow those marriages were like perks or something like that they were a great

00:57:25--> 00:57:30

burden on him. The marriages, they were not easy. We had very difficult time.

00:57:31--> 00:57:39

He had nine very strong women. And it wasn't easy. And his house often had a lot of difficulty going on. So

00:57:40--> 00:57:45

but he, you know, he did what he did, and and he did it all,

00:57:47--> 00:58:10

based on Allah Subhana without his permission for him to do what he did. But I mean, I wouldn't encourage somebody to marry without allele, personally, you know? Yeah. I mean, I think there's a reason why we have that in our religion. And women can be abused very easily, especially if they don't know the man because you're getting into something

00:58:11--> 00:58:49

that you don't know. You know, you're in love. You're, you know, your father doesn't want you to marry but you want to marry, and then you end up marrying, but then the marriage could turn into a disaster. I mean, that's very real. And then the we lie is to protect a woman that will lie is there the well, he is the one the guardian of the woman. And the idea is that in marriages, the woman's in a compromised situation, because of the nature of marriage, money is in the hands of the husband, generally not always, and it's certainly changing in our time. And that's why a lot of these rules need to be re examined. I would agree with that. In light of modern society, I think there's a lot

00:58:49--> 00:59:18

of situations where women are put into problematic situations for adult women. I mean, I tend to inclined towards the hanafy position personally, because I've seen situations where parents will not let the girl get married, and it's has to do with really stupid things. You know, because it's not their cousin or because they're not a doctor or because I've seen that many situations. On the other hand, you don't want to destroy a family, you know, and, and

00:59:20--> 00:59:28

over, trying to create another family. So Tiffany, oh, Sara with that demo, Sarah, you know, it's it's it's kind of a crazy thing to do.

00:59:34--> 00:59:53

Yeah, no, I would teach if if you if you've done the Bab and and your family needs to learn that then by all means, teach it, you know, and if you have if you have questions, then you have to ask me the proper size. In my chat. monocropping Lana was asked 40 questions by some people came from Iraq and on 36 of them, he said, I don't know.

00:59:55--> 00:59:56

And they were hard questions.

00:59:58--> 01:00:00

And the man just

01:00:00--> 01:00:15

Said Tommy said, we came all the way from Iraq to the alum of Medina because that's what they used to call them. And what do we tell the people when we go back to Iraq? And he said, Tell him that you met the Anima Medina? And he said he didn't know.

01:00:18--> 01:00:27

So, you know, that, that just being able to say, I don't know, or let me check, or, you know, I mean, the people I studied with,

01:00:28--> 01:00:41

memorize everything, you know, I don't have that capacity. But those are people I studied with. So it's a lot better to study with somebody like that. But like I said, you know, absence of water you use to Mm

01:00:43--> 01:00:44

hmm.

01:00:45--> 01:00:46

Yeah.

01:00:47--> 01:01:29

Well, I mean, in America, I think we're a little freer, because we don't have the geography of madhhab. Like, if you're in Pakistan, I wouldn't encourage following the Maliki method. Because a lot of people in Pakistan are very provincial. And that's true of any area where you have lower levels of education. You go to Egypt, Egypt, pretty, Egypt's very cosmopolitan. So it's a little different. And they've known the med hubs for a long time. But but in Pakistan, no, I mean, it, you know, if you go to Afghanistan, and pray a certain way, they don't think your prayer is valid. Because they've never seen anybody pray like that. You see.

01:01:33--> 01:01:37

Yeah. You know, you get when you next us yen, Sunny.

01:01:39--> 01:01:40

Sushi.

01:01:45--> 01:01:45

You know?

01:01:47--> 01:01:57

Yeah. Like, I would definitely given the choice because I studied both the sheet and I didn't say she had in depth, but I studied it enough to know.

01:01:59--> 01:02:12

Because for me, you know, I became Muslim, I wasn't born a Muslim, and I wasn't born into a Muslim family. And what interests me is the truth, it doesn't, I'm not interested in rah, rah, rah, you know, this is my ancestors. And,

01:02:14--> 01:02:29

and so I don't, you know, if if the Shia thing appeared to me to be stronger, I would have been a Shia. And during the Iranian Revolution, when I first became Muslim, I got very interested in to show you like a lot of people because a lot of fervor and things. But

01:02:30--> 01:03:02

and, and I believe that the Shia narrative is an alternative narrative. In other words, within the Shia tradition, it makes perfect sense. And that's why it's very hard to convince a Shia of the suddenly positions about things because within their narrative, they have all their proofs. And, and that's why the problems insoluble, it's just not going to be solved. And it's best to leave it alone. I really, I'm totally against like, debates, and, you know, but for me, the, the,

01:03:04--> 01:03:12

the, the, the Sunni position differs on one central thing that that makes sense to me. And that is about having a good opinion.

01:03:13--> 01:03:50

You know, and that's, that's where, that's where I feel most comfortable. Because the Sahaba made major mistakes, there's no doubt about that. I mean, wow, it you read some of these stories, and it's very clear and the Sudanese have covered up a lot of this stuff and kind of pretended, like, it really didn't happen. But if you if you get into the history of even our scholars, like him on poverty, and you read some of this stuff, it's just hard to believe it's hard to swallow what happened. But in the end of the day, the the sunny position is us and Melbourne, you know, these people we're gonna have, that their intentions were not malevolent, you know, they were humans, they

01:03:50--> 01:04:10

were behaving like humans, but their intentions were not malevolent. Whereas in the Sunni tradition, they attack the intentions and that that's the real problem for me about them. But if I was coming from that, I mean, I would look at the different schools, I would read, like emaan jabril, had dad's book called The format hubs.

01:04:11--> 01:04:55

And, you know, decide for yourself. I mean, I'm happy with the 100 feet, I'm in the Maliki method I in a bad That, to me, it's the strongest method. I believe that and I don't believe that out of falsehood, because there are positions in the other methods that I prefer, but in in in a bad that I don't see there's any stronger method because if you study the methodology of Moloch, it just makes sense that his, his a bad debt are the strongest, I mean, the famous story of when they debated about how much was the SA you know, that one of the Hanafi scholars disagreed with him on Malik and and the governor in Medina was there and they were discussing this issue. And mnemonic just said to

01:04:55--> 01:05:00

somebody go get so and so and tell him to bring his side and so he went and he brought the

01:05:00--> 01:05:16

You know, and he said, Where did you get that from? He said, I inherited from my father. And he said, What where'd he get it from? He said he inherited from any mentioned one of the Sahaba. So I mean, he actually had the PSA of a Sahabi. And Monique said, I don't care what the opinions of the Iraqis

01:05:18--> 01:05:32

are, but we're measuring their side with and that's what we measure our side with. Somebody once asked him about the dawn in Medina, because in Medina, you do a lot of work, but a lot of two times only two, not four, and then it shows on that.

01:05:36--> 01:05:39

And then you do a third year, you go back and say I don't wanna.

01:05:40--> 01:06:17

So you do the Shahada four times. So they asked him ematic about Mecca, he said, I don't care what they do in Mecca, you know, this is what we found, the tabbing doing, and they found the Sahaba doing, and there were 10,000 of them that died in Medina. So even amount exposition about the anon is, look, this is what they were doing when the Prophet was alive. So a lot of them and, and this is the place he died. In other words, the last best practice that he was on is in this place. And so that was his view of things. And to me, it makes a lot of sense. Following the ahaadeeth

01:06:18--> 01:06:48

there's a lot of contradictory Heidi's about that, so about different things. So, I mean, I have, you know, when we get to Southern, the southern is not a weak position, you know, even the hands at the side, there are very strong proofs for Southern even though people attack it, and is out of ignorance, but if you actually study the details for sudden, they're very, very strong, as far as I'm concerned. So in a bad dad's it's a very strong method, you know, in the mamilla, the Hanafi madhhab is has a lot of sa

01:06:50--> 01:06:56

that is very appealing especially in a modern people. I mean, there's certain things in the honeymoon method that I prefer,

01:06:57--> 01:07:22

you know, in my head masala between Muslims and non Muslims, India and in Thailand things and that makes more sense to me, but I'm a modern person, you know, equality and those things I was brainwashed with that stuff. So if that makes more sense than this idea that if a non Muslim kills a Muslim he's killed but if a Muslim kills a non Muslim he's not killed it doesn't doesn't make sense to me.

01:07:24--> 01:08:09

Well, I mean, I think for us the majority what we have to focus on more is a bet that the the the hokum of Islam has been gone for a long time and it's not coming back. You know, it's just not and and it's an illusion for people to believe that because the Hadees are very clear that Islam your fat, you know, Islam gets taken away from people. The prophet SAW s&m said lay in Pali and oral Islam, Ottawa, and Ottawa, the Islam is going to go, not by not in like a rope that you go up to the heaven. It'll go not by not and he said, Coloma in Ottawa turn you to ship the nasbla t Telly. Hi, every time one not goes people cling to the one that follows it holding on to the rope of Islam. And

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so you're up at the top, but the ropes, the knots start going and you're descending. So you get lower and lower. It's a beautiful metaphor. And, and then he said, but what Oh, hanoch been a local, you know, the first thing that goes is governance, what a hero has Sala and the last thing to go is the prayer.

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So we still have a reasonable amount of the dean, but we should be focusing on what we have, not what we've lost. And it doesn't mean you don't learn the rules and things like that of what we've lost, but to obsess about those things and not recognize the the primacy of what we have is, I think fools now in terms of family law and things like that. I agree. I mean, I think there's a lot of pre modern things in the books of Philip, that are very problematic today. And, and that's when you need people that wish they had, I mean, Chef Abdullah bin beja, who I trust a lot, you know, he his bar is part of the shediac like a father can impose marriage on the son or the daughter. Right. And they

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can even marry them when they're babies legally. So, but he says his bar is inappropriate in in the West.

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You know, and and I agree. And I think increasingly, it's inappropriate in the Muslim countries because

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you know, women's status has changed considerably and

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arranged marriages, which tended to work in very primitive societies and pre modern societies, they tended to work and there are many people who have their grandmothers were in. I mean, seriously, just ask people, most people's grandmothers were in arranged marriages, and the marriage worked out. Maybe it didn't work out all the time, but generally, it worked out.

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But now it's very hard for a woman like what you're gonna tell me who I'm gonna marry, it's hard for modern women to even swallow that idea. But it's in the, it's in the books of fit. So how do we, how do we deal with that? You know, and that's a case where I would say, you go back to the spirit of the Shetty. And, and and,

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and the fact that the province lies to them, the woman that came to the prophet and said, my father wants me to marry this man and I don't want to marry him. And who's right? And he said, You're right. And then she said, Okay, and then she said, Well, I'm gonna marry him anyway. And she said, I just wanted the women to, to see that we, we have rights here. So her whole point was, she was fine with the marriage, but she just wanted to assert the fact that she didn't have to marry somebody she didn't want to marry. And that's a sound Hadees. And to me, that is more in line with the spirit of the law. So I think that jbod aspect, which is in the method, it's not, I'm not gonna say it's not a

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valid opinion, it's the majority of the method but from my own daughter, I wouldn't practice that personally.

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That make sense.

01:11:18--> 01:11:19

Oh,

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are you alright?

01:11:29--> 01:11:32

Are you okay? under law?

01:11:42--> 01:11:43

Yeah.

01:11:45--> 01:11:46

Go ahead didn't fall on me.

01:11:50--> 01:11:54

Then I would have thought it was a sign for disagreeing with his boss.

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Anyway, any other questions? Mm

01:12:05--> 01:12:06

hmm.

01:12:09--> 01:12:49

I mean, there's no Heidi's that are mobile at that they used EMA Matic took Marcel. He accepted murase L and n n. What's interesting about Emma maddix marassi is they've all been proven to be more for every single ad that he took, that was Marcel has been proven to be modified by his school. So it's not really an issue anymore. Imam Shafi only took motorcyle from even Masaya, you know, so that, you know these, these are health issues. Ahmed Mohammed didn't take them or Salah No, he took them off son.

01:12:50--> 01:13:08

So but generally the Hadees that they took were, you know that they've been proven to be modified, because the Marciel of say the minimal Savior, and equity among other you know, of the early scholars, you know, they're they're there.

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They were they were thought. I mean, one of the things to have, but people say, oh, I'll put era relates almost 3000 Hadees. And he was only with the Prophet for less than two years. How's that possible? And we didn't just take Hadees from the prophets, Eliasson, he took these from others. That was his job. He was a hadith collector. And so he took Hadees from other Sahaba, but he didn't mention them. That's why sometimes you'll say I heard the Prophet say other times, they'll say the Prophet said, and he won't say, I heard the problem, because he didn't hear it from the Prophet sighs. I mean, you heard it from another Sahaba. But the Sahaba are all who do. So they don't have

01:13:46--> 01:14:31

to mention if they heard it from another Sahabi that I heard it from, you know, Ahmed have been an art source. I know they don't have to say that. Because if I'm going to allow said it, he's trustworthy. In his statement of the Sahaba, one of the Hadees, the prophet repeated more than any other Hadith was meant catabolism with me, then failure to go on either human or not, whoever lies about me intentionally, he should take his seat in hell. He mentioned that he's more than any other heady. It's multilateral, with dozens of rewired in each generation. So the Prophet made it very clear as a lot. It wasn't that to lie about him, you were going to hell. And that's why Sahaba

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didn't do that. There's mobile ads in the literature. I mean, there's no doubt about that. And then there's mobile ads that they'll mention after it like on a

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I'll give you an example. A man out of a man out of an episode of horrible whoever knows his self knows his Lord, that that

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is related as a Heidi, and is quoted in a lot of the books, especially to the people of the soul.

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And some of the Otama wrote books on that one Heidi, that Heidi generally is is a statement of Yeah, you've been amazing. I mean, that's where it comes from. But it turned out to be who wrote a text on it. And others considered him from the whole fall. I mean, he was considered a high level of heavy.

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Generally, when the whole fall mentioned a Hadeeth.

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They have some basis for it. And that's why like Mr. Mehta was it was not on warhead death.

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So if he mentioned ahaadeeth, it's not of the same caliber as somebody like him. And that bottle in the bottle mentions ahadeeth in his jameelah. And

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he mentioned the Hadeeth.

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The ultimate end model for seen signals even out to China. Now that had either a lot of people said it's a fabricated ID,

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the fact that he mentioned that Heidi will let you play and he mentioned that as ahaadeeth gives the it weight, so that there's Heidi's that are given weight by the person that narrates the Hadees whether or not he gives you the chain or not, if he doesn't either let you end up at a you know, it doesn't say the another or Tila or rubia or gives you some kind of what they call silica Dorf. So.

01:16:33--> 01:17:00

But generally, like I said that these methods have been so worked. I mean, they've just been plowed by the Obama. So you're you're not going to find fabricated, had these them basing them on fabricated Heidi. And one of the beauties of the madhhab is the people of taqwa are the ones that you know there's fabricator Heidi's about said that, how about al mentions them in the 30s and medallic.

01:17:01--> 01:17:23

And he says, you know, this man was obviously trying to support his madhhab and having a good opinion of his mom's but this isn't the way you prove your point by fabricating a high D. You know, so they rejected the Heidi's I mean, it would have been very convenient just to bring a hadith about helical Koran, for the you know, when they were arguing that the most half was mahalo.

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But every time they tried to the Maha detune would say it's a false Hadeeth

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even if they were more articulate because taqwa necessitates rejecting something that's false, even if it supports your opinion, and that's the way though my word they were very, very adamant about that. And that's why it's amazing that you don't find these

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the traditions filled with false ideas to support their opinions. It'd be nice if they could just buttress up their opinions with with the Hadees I mean, it wouldn't be nice, but I'm saying you know, if the religion wasn't based on that, it would have been very easy to do that. But they didn't do that. They were very rigorous about what they allowed to get through even if it if it didn't support their position, and that's why you have Hadees that are mentioned by the medic he's like for instance, he Mamata considered the the fudger to be sought after booster right.

01:18:22--> 01:18:27

The Hadith and l Buhari states that it's awesome.

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Any mathematic knew that had he

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but he he preferred the opinion of

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bass and of emomali because it's just saying even I bass was taught Romano Quran he's the interpreter of the Parana punto de la habana teen you know how we do? Allah, Allah to go Masato spa, you know, guard your prayer and the middle prayer. La como de la Pani teen, the minute is in the federal prayer. And so that's that's how he interpreted it.

01:19:00--> 01:19:20

Some of the medics who would say arogya, is that it's an alpha, because the delille is stronger, but the mature is that it's fragile. So that's an example of where they, you know, they could have pulled out a headache out of their hat that supported their position that it was legit, but they didn't do it. Because they had taqwa.

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viiith. But Eve

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is an opinion, that is not mature, or Raja, even though that if opinions can be actually very strong.

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So if it's extremely naive, then it's it's just like even when a man in the Maliki madhhab says that it's valid for women to lead the prayer for other women. That's his opinion in the molecule madhhab even a weapon is of the opinion that you

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Join prayers before you leave your house. So if you're going to on a journey and you know you're going to, you know, you're leaving the whole time, and you're going to be traveling during also time, even though you haven't left your house yet, he was of the opinion that you could join your prayer. That's not mature. It's about efe opinion in the method. But it's it's a strong opinion, in that even a weapon is not a weak.

01:20:27--> 01:20:34

You know, his opinions are weighty in the med that but it's weak in that it's not considered mature or practiced.

01:20:36--> 01:20:44

In the FBI, they permit killing monks and things like that's, that's just like thrown out. It's not even considered,

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you know, in war, because the Heidi's very clear, but that opinions there. So it's just not given any weight at all, but it's mentioned as an opinion.

01:21:10--> 01:21:10

Right?

01:21:17--> 01:21:18

No,

01:21:19--> 01:21:41

no, that's a good. It's a really good question. I mean, generally, you know, tradition, the power of tradition is in the past more than the present. I mean, that that's part of what why tradition is so compelling, is because the giants of the past are so vast, when you read somebody like

01:21:45--> 01:21:54

they've been awesome or even known and what they knew. And the level of taqwa and what they suffered for their beliefs and things like that.

01:21:55--> 01:21:58

It's hard to find compelling,

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contemporary models for those people. In terms of

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I mean, there's definitely some very solid monarchy scholars today. Salt Pepper Yanni in Libya is a very strong madikwe scholar, he has a lot of touchy hats. I'll give you an example of one of his talks he had that I agree with, in the Maliki method. It's an obligation for a woman to pay for a woman's medicine. I mean, her cosmetics, the husband has to pay for cosmetics, but he doesn't have to pay for her medicine.

01:22:37--> 01:22:40

Now, that probably made sense when medicine wasn't very effective.

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So but today, I mean, that that, I don't know. I, I prefer his opinion about that, that it's an obligation. That's an example of a modern scholar who's

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because Islam is a common sense, a lot of Islam is common sense.

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And sometimes when you see something so against common sense, you know, but you have to have an ability to, you know, certain level of knowledge before you can really determine that

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share how Abdullah bin beja is a master of also and he's, you know, I trust his opinions.

01:23:29--> 01:23:37

And, and he he has a lot of opinions that some my other teachers in Mauritania don't agree with at all. So,

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Mauritanians are very, extremely strong in guarding the mature of the madhhab. They, unlike chef Abdullah bin beja, the traditionalist amongst them tend to be very, they're just opposed to

01:23:55--> 01:23:57

going against the mesh hole.

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I mean, more of that has would say, Oh,

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yeah, that's how strong it is with him.

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And like I said, there's a preservation of Deen in that because once you open up that door, it's a slippery slope. You know, you literally can end up without your religion before you know it.

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So there's a reason why they made that door so narrow. It wasn't just because they were narrow minded. They really recognize the danger of,

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of opening it up, but we're living in a time. It's really challenged the Islamic tradition more than any other time. I mean, this is a very difficult time. And

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we need creative thinkers, but we also need people that have that intellectual ability to master something and we don't have enough people like that, that have done

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The work or even have the talent, you know, people have different gifts.

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But we need people that are single mindedly legal, like, we need

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people that that's all they want to do.

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We need that, like lawyers, you have lawyers. And it takes several years to really master this tradition in any one of the methods

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if the parents are of different madhhab

01:25:36--> 01:25:37

Yeah, that's, uh,

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I mean, generally, you know, the father is. It's his, it's his Dean and his men have that is more like he has the right to raise his children. So if she's a Jewish woman, you know,

01:25:55--> 01:26:16

I'm talking about madhhab, as well, by PS, you know, it's, the father has the right to determine the education of the child religious education. So if he sees fit that he wants them to be raised. On the other hand, Omani raised, she was a great scholar from Egypt. And she raised she had four sons, she raised one, Maliki one Shabbat, one hanafy. And one.

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Maybe you could switch, you know, one learns the one method, the other learns the other.

01:26:25--> 01:26:26

Yeah.

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But those things are things to think about when you first get married. People tend not to think about them, but they can become issues. And women are their methods are respected by the other methods. So if a woman gets married, she, she has the right to determine her rights from within her method. So in the Monica madhhab, she doesn't have bought enough, for instance, you know, she doesn't have to serve inside the house, if she's a shitty fan, and that is she has two out of the four criteria for marriage.

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So if that's the case, you know, she doesn't have to do dishes or cook or so if she marries somebody from the Hanafi madhhab, where she does have khidmat babina. She can say I'm Maliki and you do the dishes if you want them done, you know, and he's supposed to respect that.

01:27:24--> 01:27:25

What's that?

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Well, and that's an opinion. I mean, that is an opinion about auto spa. It's not like Obama didn't think of that. And that's why whatever you think of it's already been thought of.

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Yeah, once you read the books, whatever you think of, you'll find Oh, like you. I've thought I'm so clever. And then I find out, you know, that somebody thought of that before me. So there's, you know, people that if it's reasonable to you, it was reasonable to somebody else before you. Yeah, so that was an opinion. I mean, that that they're all spa, Mr. Malik said the fudger was real spot between the two night prayers among them in Asia and the two day prayers

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are an answer. That's one of his proofs. It's also the most difficult of the prayers generally. And that's why it was emphasized because the Quran emphasizes things that are important and easily lost. So, most people, it's easy for them to pray the other prayers, but fudger because you're sleeping, it's a harder prayer to perform.

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Any other questions?

01:28:42--> 01:28:45

So, how much more time do we have?

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We're done.

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Is it lunchtime? Is that what they have to go to? Yeah, okay. So tomorrow we'll start on the text, but I hope that was useful and shallow.

Maliki Fiqh - Part 1
40.97MB