Hamzah Wald Maqbul – Maliki Fiqh Sneezes, Funerals and Keeping Honor Tarwh Addison 04162020
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The speakers discuss the use of Tawawi in praying and the importance of the "naught" in their own teachings. They also discuss the history of the Malatiit's fatwa and the use of "monemonic" writing and "monemonic" comments on books. The speakers stress the importance of proving one's deen and not giving out too many things to avoid embarrassment, as well as protecting one's spiritual state and not giving gifts and reward. They also emphasize the need to read and understand circumstances surrounding one's behavior to avoid future embarrassment.
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Before we continue with our,
from where we
left off in the text,
yesterday,
I wanted to, mention a little bit about,
the salat of Tawawi. It seems that there
are some people,
who seem very intent on,
kinda claiming that there's a position about Tawawi
and the
about praying 8 rakas or
10 rakas,
plus 3 rakas of wither.
And, it's true. It is mentioned in, it
is mentioned in the books of,
a couple of them. The Risala mentions after
mentioning
that the messenger of Allah
according to the hadith who said that,
prayed 11,
meaning 8,
plus, 2 of and 1.
And he never increased,
upon it in Ramadan or out of Ramadan.
And this was mentioned after
mention,
of the,
in
the,
the chapter regarding fasting
because it's from the messiah that has to
do with Ramadan. Inshallah, I put, you know,
the
soon
a, short
publication with
a little bit of commentary and footnoting,
with regards to the chapter of the Risala
the relevant chapters of the rasala that that
connect with the
with the fifth of Ramadan, inshallah, will be,
types out and put out again. Some of
you may have old copies of it. So
we're trying to clean up a copy and
put it out soon. Hopefully, it should be
out before Ramadan,
Insha Allah.
But,
the point is is this is that look.
Ibn Abi Zaid mentions this in particular at
the end of that chapter for a reason,
which is what to show that this is
the tahajjud of the messenger, Allah sallallahu alaihi
wa sallam, which is different than, the salatul
ta'awi. The hajjud is different than the salatul
ta'awi.
And, you know, the,
Dalil,
for this claim
is
a statement by none other than,
who remarked,
when he
gathered the people for the Salat al Tawawi,
during his reign, he remarked that
I don't remember the exact wording, but it's
the should be there in.
That that salat that you are sleeping through,
when you pray the salawih and then you
go home. The salat that you're sleeping through
has even more virtue than this. Like, how
good is this? And the salat that you
guys are sleeping through has even more virtue
than this, which is what?
Which is the,
which is the tahajjud
prayer.
The point being what is that even said
the Omar
who made tafrik,
he made difference between the 2 of them.
And so,
this idea that the,
you know, that the
the mention the mention of,
Dibin Abizaid and his Risala
of these, 11 rakat or 13 rakat according
to a different poll. The mention of this
motive the prophet SallAllahu Alaihi Wasallam praying in
the Bab in the Bab of
of Ramadan.
It somehow, you know, indicates that this is
a an opinion of the Maliki school. And,
really it's not. It's it's it's not. It's
really not.
The Maliki school, look, it's an usuli madhab.
It's a madhab built on usul.
And usul and madhab are what?
That the Madina is a is a hudja
that if all the people in Madina come
together and they do something in a publicly
recognized practice, That this is a harjam Malik
used to consider a type of Ijma, in
fact,
and, the the other the other
didn't.
So if there's ever a an issue in
which the Ahmadina is in,
it's
they're they all get together and agree on
something,
then,
that's that's a really big deal. That's what
makes, like, Malekifik into Malekifik.
And so,
the people in Madinah Munawah at the time
of Imam Malik
their fatwa and their practice was 36 rakat.
Some of the you know, I read in
some of the later, commentaries mostly are non
Maliki works, but occasionally in a Maliki book
as well.
That the reason for 36 was
because it was 20 plus the people in
and
the break between every 4 rakas used to
make
a falloff, and then there's 2 rak'ahs from
that. So if you add,
you know, 2 rak'ahs for every gap between
force,
that adds up to 36.
And that's not really what
that's not what really what I read in
the Maliki commentaries. And for the most part,
what I read in the Maliki commentaries is
that the 20 rakat became so long because
they stretched throughout the night that said that
Omar bin Abdul Aziz,
his
that we should increase the number of rakat
so each particular rakat is
shorter.
And that way we can,
you know, not trap people in a salat
that's so long that if they have to
use the bathroom or if they become weak
or tired, that they can't leave from.
And, so
that's why because Malik
considered Omer bin Abdul Aziz to be, one
of the great Uleman, he
took his,
fatwa as canonical and authoritative.
And there's something special about his fatwa also
that is different than the fatwa of the
other ulama, which is that he was actually
Khalifa. He was actually governor of Madinah Munawar,
and he was actually then,
later on,
called to, Damascus to be a,
a member of the Privy Council of State,
and he, in fact, will ascend to the
caliphate,
albeit for a relatively short amount of time.
But that gives his,
gives his, fatwa a special,
a special type of authority,
that brings it, you know, elevates it from
the from the theoretical into the, into the
practical.
But that being the case,
the for which he,
for which he increased the number of raqa
at when that is gone,
the masha'if, they
came back to the
came back to the original practice, which was
instituted
by and then thereafter,
practiced by the other,
which was of praying 20 rakaat.
And,
as far as I can tell, you know,
that that was Mujma'aleha.
Nobody
nobody objected to it at that time nor
was there any other practice other than that.
And look. If somebody wants to pray in
their home or if they wanna pray in
the masjid for that matter,
Nobody said the tawai hizfarb. So somebody wants
to pray 2, 4, 6, 8, 10, 12,
or if they want to pray more than
20, all of those things are fine.
But the form of the
which is,
handed down to us by the is
what is 20 rakaat.
And,
in as much as in the,
considered by some to be a 5th Khalifa
Rashid,
His fatwa has some authority and that it
can be practiced. But even then there's a
for it. There's a reason for it, which
is what?
Which is because of the length of the,
the rakat. So if you're going to pray
that, like like, whatever, 7 just aaweeh,
that maybe a person can increase if they
if they wish to.
But the problem is is this is that
if you then go with another
hadith, abandoning the amal in order to go
with the hadith, that's fine. That's a very
different approach to the mad hub.
And, this is something that is,
then shifts us to another
kind of mechanical issue of the way the
med hub works,
which is that there were a number of
there were a number of,
5th works, legal works that were written based
on the,
based on the, Sahinun's
collection of Malik's opinions from his students.
And, you know, they include major works like
that of Mazari,
that of Lahmi,
that of,
ibn Rust al Jad,
that of
Qadi Abu Wahab,
that of,
even Hajib,
as well as a number of other early
and important Maliki scholars.
And so what happens is that after their
tier of scholarship,
which I imagine is like, very similar to
perhaps what the what the would, you know,
refer to as those people
as or those people who are that kind
of are are major figures after
himself,
and after, Muayati Musari, but before before Imam
Nawi,
makes his kinda canonical recension of the matter.
They're Malekis, and they have opinions,
but their opinions,
are are
still unsorted.
And so,
Khalil bin Ishaq,
he comes, in the Mamluk period and he
basically looks through all of these long,
and then he makes tarajih. He will say
that, okay, of all these different opinions that
are based on different narrations of the,
of the and
of the different opinions of these Maliki scholars
who are, you know,
perhaps,
that that that that he'll say that these
are the the opinions that are and
these ones aren't. And this this opinion is
superior to the other one, and the,
this opinion is not, superior to the other
one. And or these two opinions are both
you can give fatwa on them because they're
very similar in their in their in their
strength.
And,
this mukhassar that Khalil writes, it completely revolutionizes
the because
he his Tajji, his his
selection of the most correct opinions is essentially
accepted by,
the preponderant majority of the Maliki world. And
thereafter, even if people it's not that to
say that, like, Khalasa Khalil is a Nabi
and, like, everything he says is the Har
Fahir, but he does such a good job
that after him, essentially, he's the his fatwa
or his tarji,
of the fatwa,
his selection of which is stronger and designation
of which is the the stronger of the
opinions on a particular matter.
That's the standard against which things are judged.
So if you wanna go against Khalil, you
better bring a pretty pretty good game because
generations and centuries of
of Malik or Allahma great Malik or Allahma
have, recognized that this is the standard.
And so what ends up happening is a
majority of the real,
works of fiqh, the real long and detailed
works of fiqh. The format in which they're
presented is is is more often than not,
a,
a shara hab Khalil Muhtasir and the format
format of a commentary of Khalil Muftasir. Somebody
brought up, you know, what about his opinion
that's mentioned in the tobi?
The tobi has a very long work. You
know, the
is something that is is a very short
work. The tobi has a very long multi
volume work,
which is a commentary of his on the,
Muftasser
of Ibn Hajib.
And,
you know, he makes Tarjihat over there as
well. That's fine, but the point of it
is not Tarjihat. It's a long,
it's a long work and it's an Ilmi
work. And it's
a
an work, the point of which is to
convey,
convey,
knowledge. Whereas the Muftasaruk Khalil is,
in a more general way, in a more
broad, sense. You know? Whereas the Mufasa r
khalil is a very terse text.
Really, you cannot even read it without
a commentary because many of its, its, expressions
are so terse as to not really make
sense normally.
And the point of the mulsa of Khalil
is to
essentially pack in as many furor as possible
and to indicate what the, you know, what
the what the strong opinions are, of the
med hub. And, it's not there to, like,
explain the mechanics or or the how or
the the why. It's just there to to
pack in the what. And the point of
write writing texts that were terse like that
is because they can be memorized. If you
write them out in a way that makes
a lot of sense and conveys,
meaning, in a way that's more readily, understandable
by a person,
then that book cannot be memorized. And the
Muqtasir al Khaliel is memorized to this day,
in all different parts of the world that
that practice the Maliki school.
And that's very different than the function of
the Tawdiyya. You know? And for for that
matter, not just the Tawdiyya, like,
for Allah's,
by Allah's father. You know, I I took
Hajj groups,
for so many years. So Khalil also has
his monastic. He also has a a book
on the monastic. He has a a long
work
on the, rights of pilgrimage, and it's a
really
interesting work, and he he brings, like, a
lot of different.
Some are spiritual. Some of them are,
fifties. Some of them are are, you know,
have to do with, like, Apirida or have
to do with Islahab, the of the public.
And there are many things that are mentioned
in the,
in Khalil's Manasik that aren't mentioned in the
Kitabu Hajj and the Muftasir. Why? Because Khalil's
Manasik is a book written for a different
purpose, and Khalil's Muftasir is written for a
different purpose. The Muqtasr is what? It's there
so you know what fatwa or the badhab
is.
Whereas the monastic is a more holistic attempt
at explaining the fiqhaf
of pilgrimage of Hajj and Umrah, etcetera.
And so
this is,
this is the standard,
this is the standard if you want to
know what the madheb is, you see what's
in Khalil.
And if Khalil doesn't mention it, that means
it's a uphill battle for that for that
opinion.
Of course, like I said, Khalil is not
the end all. Khalil also then has a
set of canonical,
canonical,
shuruhat,
canonical,
what what what we say, commentaries,
that will then expound and add
more messile and more, individual, like, fifty rulings
to them. The most well known of which
is the the Shahrul Kabir of Dardir
and the Hashi of the Sufi who are
2 Egyptian Malekis
who will, then add that, add those things
on. And to this day, if you want
to go read, you know, the the chair
of the Malikiya in Egypt,
is,
Sidi Ashif,
Ahmed Baharayan, a man I've never met nor
have I ever studied with. But,
our sheikh,
Yasser Fahmi,
who is in,
I believe in Boston,
now. He's a student of his. He studied
the Muftasr from the sheikh.
Those are still the same books that they
they they teach to this day, and they're
still considered to be
authoritative. Again,
what does authority mean? Right? Someone says, well,
you know, like, there's the the you know,
Malekim also said that the the speech of
everybody is taken from and is abandoned except
for Sahih Bukad Al Qabbar, except for the
one who is the inhabitant of this this
noble Maqam. And he pointed to the to
the maqam, the messenger of Allah sallallahu alaihi
wa sallam.
That's fine. If you don't wanna follow Khalil,
I'm not gonna say that you're a Kafir.
I'm not gonna say that you're a bad
Muslim. I'm not gonna say that you're an
idiot, you don't know anything. I'm not gonna
say any of those things.
But if you want to say what the
Maliki fatwa is,
you look to what? You look to the
Muftasir Khalil. Just like if you wanna say
what the fatwa of that
school is, you look to what? You look
to the,
You can't say Ghazali said this and then
Imam Al Haramain said that, and there's an
opinion from even Shafi'i himself about this and
about that. You you can say those things,
and they may be true, but they're not
representative of what we consider the
the the the Shafi'i school, for the last
several centuries.
And likewise, the Mufassar, Mufassar Khalil is like
that. So if you want to say with
regards to an opinion,
that this is the Maliki opinion and it's
not mentioned in Khalil,
then you have a really uphill battle. Then
the ball's in your court. Go ahead and
prove what it is. And if you wanna
prove what it is, you have to bring
some, like, HDI level, proofs. You cannot just,
you cannot just say, well, this book mentions
this and that book mentions that. There are
a lot of books that mention a lot
of things. There are people who are bigger
than Khalil and the Madham,
you know, who have opinions, but they're not
Muftabihi. That's the point is Khalil is not
a Muftahi, Khalil is a Barajay.
He's not he's not the one who's actually
reasoning through the messiah.
He's the one who's pointing out, indicating that
according to the usul of the school, this
is more,
conformant to the usul of the madhab than
the other thing is. And the strange part
is, like, you know, on the Internet clear
with regards to this question
and with regards to other questions. Right?
There are many people who are like,
that you you cannot freak out both ways.
You have to have some sort of rational
consistency in what you're doing. Right? So,
for example, there is an issue of abortion.
I had mentioned that there's not a tifa
from,
all of, masha'if of the,
of Islam that a portion is
across the board haram.
And there are a number of people who
freaked out. Oh, Sheikh, you know what kind
of Maliki are you? This is the Maliki
fatwa. I know some Maliki fatwa that is
not allowed.
But some of the Maliki might have,
said that it's it should be allowed to
up to a certain period.
Lakhmi,
Lakhmi is one of the people whose,
you know, works the Muqasr Khalil is actually
based on. He's actually Nostadah Mazari.
And he gives this he he holds this
opinion.
Now can I say that that's the fatwa
of the madhhab? No, I cannot.
And then afterward, if you're gonna say, well,
do you worship Khalil? Do you worship Maseri?
You know, like the Maliki Madhav is bigger
than Desta. That's great. It's bigger than all
of those things. I agree with all of
that. That's fine.
And I'm not even saying that this is
the opinion of the madhhab,
but it's an opinion of Lasmia. Just leave
it there. That's fine.
But what is it? Why is it some
of those exact same people right now, then
they're coming after me. They're like, oh, well,
you know, like, you know, there's other works
other than just Khalil, and there's other works
other than just this, other than this, that,
that say this, x, y, z, and the
other thing. And I'm like, look.
Khalil mentions 36 rak'ahs, and it mentions 20.
And it mentioned that the on 20 and
the on 20.
The and their dear don't mention anything other
than those as well. Have
a different practice.
Look. The is the is the is the
practice of people is the practice. We have
a practice in Pathans
have a practice. All of them don't get
up in the morning except for they put
niswah inside of their mouth. Does this mean
that this becomes a part of the Hanafi
school? Say no, Sheikh. That's,
your you know, that's a bad example because
it doesn't have to do with the.
Okay. That's
fine. You know? What there are anything that
has to do with
the just because people are doing something, it
doesn't make it a intellectual
proof.
And furthermore, the madhhab, like I said, the
madhhab has its usul.
And from the greatest and the definitive and
the unique usul of the is what? The
Amal Ahl Madina. And Amal Ahl Madina is
what? 2036.
There's no Amal that that comes if they
gathered in the masjid and they prayed any.
Any less than that or any different than
those 2,
options.
And,
you know, if someone says, well, like the,
there's a they brought in the, someone brought,
like, you know, like, whoever stands,
the the person who stands for as much
as they can in the night,
then one should hope that the the follow
of that, the virtue of that should be,
you know, should
should should
encompass that person as well. That's fine. Like
I said, if you wanna pray 2 rakas,
go right ahead. If you wanna pray 4,
go right ahead. If you wanna pray 6,
go right ahead. If you wanna pray 8,
this is not the tawawih which is handed
down to us from our our cabaret, from
our masha'i. This is not the tawawih of
the Amal Ahl Madina. This is not the
Torah. We have Nabi saw the son said
what? He said what? He says that that
that that,
You,
you're responsible to, follow my sunnah, and, sunnah,
my right begatid successors, my khulafa rashadeen.
Take it and hold on to it with
your bowler teeth. Bite onto it with your
bowler teeth. I mean, don't don't let it
go.
So that's not what that is. Right? Because
the salatul tarawih in its current form, the
form of it was given by Sayid Omar
Ibn Khattab. And the reason we don't say
it's a bada,
is what he himself even sarcastically said,
If you wanna call it a bada, it's
a good bada.
The idea is that there's no there's like,
in our also, there's no good bada,
in that sense that a person actually, like,
adds to the deen and then says afterward
good
adds to the
says
it's good What is it? He gave a
form to something that had a precedent in
in the prophetic time, but was it was,
it wasn't the right time to implement it
yet. So he gave it the form.
He He gave it Omar Ibn Khattab gave
it the form. This is one of the
reasons the that, like, consider, like, all of
the companions to be captives except for, like,
359,
something like that. They don't pray.
We pray. We pray. We pray.
Who's the one who who's the one who,
inaugurated the concept? The prophet who's the one
who gave it its form that we congregate
upon. It said,
and so we stick to that form that
he gave.
And,
you know, if you wanna pray 8, that's
fine in the sense that it's not a
fard. It's fine in the sense that praying
8 rakat is better than praying, 20. It's
even fine in the sense that, like, you
know, the hadith of the prophet is very
vague. Why? Because the didn't have a form
at that time. So
what?
The person who stands in the nights of
Ramadan in faith in Allah hope for reward
for reward from him.
That person, their sins will be,
for forgiven that came from before. So let's
hope it's fine. You know? Like, you had
a hard day at work, you know,
corona,
you know, corona
got you down,
hopefully not physically, but, like, just like, you
know, you're just a little depressed or whatever,
and you don't have the himna to pray
20 or 36 or whatever. And so you
clock out check out after 8. That's fine.
But I don't see where in, you know,
I don't see where in the the the
of the Madhub it's
it's an opinion, and I don't see how
it makes any from the. And if you
afterward, you don't agree with me, that's fine.
But objective facts is that it's not mentioned
in Khalil.
It's not mentioned in Dardir. It's not mentioned
in the Surah. It's not mentioned by Haftab
who is one of the of the,
who wrote a a
a a
a, what you call a
commentary.
One of the most important commentaries on Khalil.
And further than that, it's very interesting because
I see these things and, like, some of
these masal seem like very slam dunk, like,
very easy. Like, it confuses me. Why are
people confused?
So I called one of one of the
from
Mauritania,
and I, you know, I said maybe, Sheikh,
I'm wrong and, like,
I don't know. Like,
maybe I'm misguiding people or I'm making some
assumption over here, so can you correct me?
It's very interesting. I'll do this with a
lot of masala and the sheikhs actually kinda
get annoyed because they're like, this is so
dumb. Like, why why do you have you
know, they don't obviously, they don't speak English,
and they don't speak like that. They're much
more classy people. But, like, you get that
feeling from them. Like, why are you even
asking me about this? This is such a
simple issue.
And from my side, it's because I wanna
make sure that I'm not gonna say something
wrong, to people.
But on the flip side, it's obvious even
to me how, like, clear of a issue
this is. And so literally, Sheikh, he says
the answer back to me.
He says, This is such a this is
such a issue that the the the scholars
of the law have been, like, done with
this for such a long time. He says
he said he said
is what? Is that it's 20.
And he says he says that he says
that there are places in the world that
they, pray less. He says that later on
in the Maghreb, people started praying whatever 13
or praying,
some other number in certain places. He says
in our where where where,
Murabit and Rahadamin
were our are
that we read from, they always prayed 23.
Why? Because of the madhab.
And so that's fine. You know, people have,
you know, like I said, people have their
different practices and whatever in places.
That's
not necessarily representation of the Madhub. Because someone
follows the Madhub
and does something, it doesn't necessarily mean that
that's the Madhub. This is a very basic
you know, even if you read Mantip, it's
one of the very basic Masala of Mantip.
You know? I'll admit it. I I haven't
read Mantip formally. I take, like, like, lessons.
You know? But, like, what I remember from
one of the first lessons of, of Manthik
is what?
You know, they'll ask you a question or
they'll say some sort of silly like like,
for example, I'll if someone says, I'll go
outside if the weather is good.
I'll go outside. If or sorry. If the
weather is good, I'll go outside. If the
weather is good, I'll go outside. So what's
it what what if that person goes outside?
Does that mean the weather is good? It
doesn't necessarily mean the weather is good.
The weather being good is a reason for
going outside. It's not necessarily the exclusive reason
for which the person, would go outside.
It may be something else that brought that
person outside.
And so because in a place people do
some sort of practice, that's fine. They do
their practice.
Does it does it does it fit on
the books of fatwa? Does it fit on
Usul and Madhav? If the answer is no,
then we have to recognize that.
Furthermore, maybe that's the fatwa in their land.
Every land has
a local, a local,
set of traditions that may be different than
the fatwa of that school.
You know? They may have certain fatawa that
they have preference for
Madhub, but they don't have preference for in
Central Asia or in some some other place.
They in fact, they do have them. But
what what is it? At least then they'll
say that this is the Iftiar of the
school or the Iftiar of the Sheikh or
the Iftiar of these people. The standard against
which is judged is still,
is still retained. It's not thrown away in
some sort of free for all. Otherwise, you
will find all kind of wild you'll find
wild messiah attributed to Imam Malik.
You'll find wild masala attributed to Imam Malik.
You'll find someone who'll say that Imam Malik
permitted.
You'll find someone who says Imam Malik permitted
*. You'll find someone and, literally, you'll find
these things in books,
some of them that are, very old. And
then the will look at them and they'll
say, well, look. There's another rewire, you know,
or several
against this, and the person transmits this as
not as trustworthy as the other one. And
then this makes of, like, the,
here, here, and here. And they'll give fatwa
against it. And now you cannot just put
the 2 at the same pedestal with one
another and say that this is this,
you know, this is also
the how dare you worship Khalil or whatever.
And so that's fine. If someone wants to
do something else, let them do whatever else
it is.
But but let them then be honest and
say that, okay. Yes. The majority of the
Malekis,
if not all of the all of the
they consider Khalil to be the book. And
this is different than the madhab as it's
represented from Khalil. And then attribute attribute the
the the ilm to its source
and be done with it, rather than making,
such a big halal balloon fuss and then
say, like, well, you know, like,
okay. People do this. People do this with
every Malab, especially when they can get away
with it. You know? God bless the the
Hanafis
for having, like a swarm of yajuj and
majuj, like, numbers of students
that can call people out on this type
of stuff. People will say all sorts of
stuff. So So what what have you followed?
I follow Hanafi Madhub. Well, how come you
make rafil and then say Amin out loud?
And like, you know, all these things. Oh,
no no. We're we're Shami Hanafis.
Well, Bashar al Abidine was also, like, a
Shami, and, like, his books don't mention that.
But the thing is you can get away
with this type of stuff when there's nobody
to read books and no one to say
anything.
And so if a person, you know, doesn't
accept, Khalil as
as
the or the standard against at least if
you want to, like, have a different,
fatwa or say something, that's fine. You can
do that. I mean, it's not kufar. If
someone prays 8 rakaz in their home, I'm
not gonna say that this is the big
danger to Islam or whatever.
If they wanna do that, they'll let them
at least have some sort of academic honesty
and say, yes. Like, we we we descent
with the with the, with with the the
Fatwa Khalil, which the majority of the Malekis,
are considered to be authoritative and canonical
for this reason and that reason, and then
say who the the fatwa comes from, what
the proofs for the fatwa are, and,
what the proofs against the other fatwa are,
and then say this is why we give
that fatwa. Because this is also from the
usul fathawl, Muhammad Mauloud for example,
And he's by far not the only one,
but like,
he enumerates because he has a lot of
books on the adab or different stuff. He
says that it's not permissible to give,
to give fatwa against the the the opinion
that is the the the strongest opinion. If
there's a weaker opinion, it means what? That
the mufti himself knows that there's something that's
closer to the Aqrabilas Sawab is closer to
what the Haqq is, is closer to what
the riva of Allah subhanahu wa ta'ala is
in it. In that case, he shouldn't give
the fatwa to people,
that's weaker,
that's further from the, from the rida of
Allah
Maybe if there's a change in circumstances, then
the person can say yes for that person.
Because of their circumstances, this other opinion is
more appropriate for them to make amal on.
But in general, you can't just blanket say,
like, Klaus here's a weak opinion. Everybody make
amo on it. And, this is also another,
this is also another
principle people take objection to. And it's good
to ask the person, do you take objection
to this principle? Yes or no? And then
you will know then you will know,
what the quality of that person, what they're
giving to you is. Because if they know
there's something that's more correct according to the
and more correct correct according to the and
that the considered to be more correct, and
then they're telling you to do something else,
I'll let you figure out, like, why is
it that they're telling you to do that
and what the benefit of that is,
and it isn't.
And this is, you know, this is obviously,
the occasion of this issue coming up is
the tawawi, but trust me, it's not
it's not limited to just the Tawawi. It's
limited to the entire approach to the Sharia.
Is that are we gonna be willy nilly
pick and choose, or do we actually have
a system that that that has a precedent
that we respect and that we're,
going to adhere to and that we're going
to take seriously?
You know? Because, it's funny. The people in
dunya take their dunya really seriously.
You know? That that that if a alim
somewhere says, okay. We should have jum'a'an while
coronavirus is going on, Those people yell and
scream and look
at that alim. They're not gonna say, look,
difference of opinion. We should be tolerant and
all this other stuff. They only do that
with religious matters. They don't do it with
their dunya because their dunya is their deen.
And you blasphemed it. You violated something sacred
for them.
Why? Because they take their dunya very seriously.
You know? And although we have adab that
we don't really cuss and scream and whatever,
but we take our deen we should take
our deen even more seriously than they take
their dunya.
But because that age seems to have been
missing from the Muslim world for a very
long time, If you want to know how
to venerate your deen, then look at the
people of Dunya, how they venerate their Dunya,
and you'll see a ground floor of how
you're supposed to venerate your deen. That if
you play if you play around, if the
supreme court gives a verdict on something and
then as a judge, you play around, you'll
lose your judgeship.
You'll get dis you you you know, you're
you're gonna you're not gonna be respected in
the legal community because there is a precedent
that's been handed down. If you want to
overturn the precedent, then show. It's burden of
proof is on you to show that this
is this is something that is
unprecedented,
unprecedented, that require that that that more intermerits
overturning,
that that prior precedent.
You know? So if you want to, like,
say, well, okay, we're Maliki and stuff, but,
like, we want to give Fatwa that is
clearly against the Amal Ahl Medina,
then bring another Amal of the Al Madina
that is in contrast with this, that takes
priority over it, or some very clear ayah
of the book of Allah ta'ala or some
very clear hadith a hadith of the prophet
that show that there's some ta'als between this
and that because of which we have to,
we have to,
put aside
that thing which our entire mother have is
defined from in the first place,
which is fine. The folka'a used to do
it. You know, the folka'a and the peoples
have their own Iftiara.
Every land, every man have the have their
own. That's fine. That's as a that is
your,
that is your,
your right. But what's the problem?
The problem is nobody cares nobody cares about,
you know, you. They care about Malik. Nobody
cares about your opinion. They care about the
opinion of the Madhub. Nobody cares about you.
They care about the opinion of the companions.
Nobody cares about you. And nobody should care
about you. I shouldn't even care about me.
What do they care about? They care about
the opinion that comes with the authority of.
And so for you to say this is
an opinion and use their name, but you're
making mitzvah of the il to a locust
that it doesn't really belong to,
you know,
that's problematic because someone more authoritative than you
said know that the the Taraji is in
this direction rather than,
than in that direction. And this is part
of academic honesty. People say, well, how do
we call yourself Hanafi? How come we can't
all just say we're Muslims? The reason we
say that we're, you know, Hanafi or Malik
in the first place is what?
It's academic honesty. We're attributing our ilm to
what the source is, which is a
a
responsibility that we have in front of Allah
ta'ala. And it's good because when we do
that, then the responsibility is off of our
shoulders. If we attribute the knowledge to the
source that it comes from,
properly to the most proper source that we
can attribute it to. That way if it's
wrong, then the responsibilities on that source that
that that you attributed to it to if
that attribution is correct.
And if not, then you just stuck your,
your your neck out and you said something
about the deen of Allah,
that you're gonna have to prove on the
day of judgment. And even if even if
it's right, who's gonna wanna have to be
be put in the burden of that that
that position? Who's gonna wanna be have to
be put in the in the burden of
having to prove that? That's gonna be really
scary. You know?
Hadith of the prophet,
SAW, whoever,
lies about me,
knowingly, then let that person take their place
in the fire. And the
Muhandi Thun used to consider lying about the
prophet
knowingly.
They used to consider from that to say
something about the prophet
and know that this is possible, but this
is not true,
and still not disclose that fact. Talk about
it as if it's, like, the the bible
truth or whatever. It's 100% correct.
And so people come at me. I posted.
I said, this is the the I said,
what's this what's the reasoning?
Khalil
encapsulates the madhab. This is the text of
Khalil. These are the canonical shuruhat of Khalil.
This is what they said. Done.
Thereafter, if someone wants to say some other
text represents the madahab or some other whatever,
let them prove then all of those things
and say it. And if they're not able
to, then be careful with your deed. And
I'll be very honest with you. I know
this tirade has gone on too long. I
was, like, should put a ban on myself,
for, speaking refutation in the time of Darz,
because this happened also to say Narissa, alayhis
salam,
the Hayat Al Masih Alayhisam issue.
But I'm not a big fan of this
thing in,
I'm not a big fan of this thing
in social media where, people are arguing
back and forth, and people start to like
claims and responses that people make. Even if
the claim I feel it's it's correct, if
you don't know Arabic, if you don't know
whatever, we don't litigate, illy matters through democracy,
and we don't litigate illy matters through thumbs
ups and through heart shapes and through,
angry icons and laughing icons.
We don't do that. We don't we don't
throw our opinions in,
to an issue. If, you know, if things
are, by democracy,
then the of this age is, Donald Trump.
And,
and then perhaps thereafter,
sleepy Joe.
That's not how we that's not how illmy
things work.
So if you want to read the those
debates and discussions, if you think there's some
sort of benefit in it for you, go
right ahead. But if you don't know what
you're talking about, then to try to egg
on your favorite sheikh,
by giving them more likes or whatever. I
feel I feel it's very silly. Even when
people do it for me, but I know
this person doesn't know what, you know, what's
there. There are a lot of people who
argue about stuff. They don't know Arabic. They
they don't know they don't know, like, any
of what they're arguing about.
Why why join their ranks? Why join their
ranks? You know, look at me.
I've taught in Madars. I've been, you know,
teaching in different places for so many years.
I received the the the the son of
the.
What is the book I'm teaching right now?
It's a child's book. It's a child. Why?
Because we're afraid that we don't want to
take a a responsibility that we're not gonna
be able to fulfill thereafter.
But there are those who never read and
never,
received the Ijaz's author, the ulema,
and
then they make big claims afterward. And it's
you know, I know people do it because
they they have, like, some
hamasa
and some excitement and zeal to serve the
deen. God bless them for that. But, you
don't want to, you know, let your tongue,
get out in front of you and put
you in a bad position then. Allah help
us all.
So, now continuing with the text that we
were talking about and restraining,
that further
desire to talk about,
refutation.
I wanted to mention a hadith or a
couple of hadiths last time when we were,
when we were speaking.
And so, this is a relevant chapter from,
from which is by no means a book
of Malekithic,
but it illustrates the the, you know, the
the the flow of the the risala is,
structured according to the ayat of the Quran
and according to the,
hadith of the Nabi
which is worthy of a of a man,
of the rank of ibn Abizaid who was,
similar to Malik in the sense that Malik
was the great faqid of his age, and
he was also the great,
Amirul Muhmidid Fil Hadid in his age. He
was a top carnivore. He was a tyrannosaurus
rex of of Muhammadikun of his age.
And so, ibn almizaid was like that. He
was a master of hadith as well as
a master of fehq and a master of
many other sciences.
Truly a man worthy of of ijtihad.
And so he his book is written with,
with the basic,
very close at hand, with the base basic
source material
materials,
close at hand. So, you know, this chapter
from the will become clear to you why
it's being, why it's being quoted,
its relevance to the to the material we're
reading.
That the prophet, salawahu alaihi wa sallam,
said that a person doesn't perfect their belief
until they
love for their brother what they love for
themselves, which was said, in his in so
many words,
in yesterday's Darz.
Another hadith of the prophet which
is in the vein of mentioning Nasiha,
for your for your brothers and sisters,
which is also narrated by, Anas ibn Makar
the
Messenger of Allah Sallallahu Alaihi Wasallam said,
come to the aid of your brother, whether
he is the transgressor or the transgressed,
which was actually a a slogan of Jahiliya.
So they come to the aid of your
brother, whether he's the transgressor or the transgressed.
And so the companions were a little bit
like taken aback like we thought Islam came
to end this type of sentiment.
So a man said, oh, Messenger of Allah,
I get how I should come to his
aid if he's oppressed, but how should I
come to his aid if he's the oppressor?
And the messenger of Allah
says that you hold him back. You should
restrain him from from transgressing,
and that's how you help him. That's how
you come to his aid.
That the, messenger
said that the right of a Muslim over
another Muslim,
is 5 things. One is that if he
says salam to you, you should return his
salams, something that we talked about yesterday.
And to visit the sick, which we talked
about yesterday, and maybe we'll we'll talk we'll
expand on a little bit more, today.
What that what tiba'uug jana is and to
pray,
and to pray,
your brother's funeral prayer,
which is, next in line in the text
of the Risala.
And that you should,
accept his invitation if he invites you,
within reason, and that will be discussed as
well subsequently.
And that if he sneezes and says, Alhamdulillah,
it's his right that you should say, You're
hamakumullah,
that you should return the benediction.
And it's very interesting that,
there are very different things. Like, what's the
difference? Like, what's the commonality between saying, well,
alaikumullah, I'm going to someone's janaza and, like,
attending a wedding at someone's invitation and you
know saying, you're hamakumullah Allah have mercy on
you for the one who says alhamdulillah
after sneezing.
These are all the rights that a brother
has on a brother. These are this indicative
of a pattern that we have rights as
the body of believers. We have rights over
one another
And this is the the vein in which
this,
section of the risala is being written.
So this this is a longer narration,
that the, Nabi
says that the Messenger of Allah Sallallahu Alaihi
Wasallam commanded us to 7 things.
He commanded us to visit the sick and
to,
follow the Jana'a is to pray the funeral
prayers and follow them until they're buried and
to return the benediction of the one who
sneezes and gives it.
Waibra'ul Muksim that if your brother swears by
Allah that he's gonna do
something good,
to help him to fulfill that oath is
also the right of a a a brother,
which is really interesting. And it's something that
I don't think we think about a whole
lot anymore.
But to help a person to fulfill their
obligations toward Allah, that's what makes you a
brother and a friend.
Nowadays, what is it? Someone wants to raise
their hand at the fundraiser and be like,
no, no, no, save your money, save no.
If the person doesn't say, I I'll be
there with you. Let's fulfill this pledge together.
You know? Now you're gonna get a text
message from your,
you know, your relatives saying don't be stupid
and, you know, the economy is bad and
blah blah blah.
Whereas in the old days, it wasn't like
that. Although there was one uncle actually at
a fundraiser. He said that, you know, at
a fundraiser, my wife always says to me,
give more, give more. He says that I
wondered, like, you know, why is she being
so,
why is she being so generous,
in a way that seems a bit out
of place. He says, then I realized that
she doesn't want me to have too much
money left over because she's probably afraid I'm
gonna marry another wife. That's good for uncle
and auntie, Insha'Allah.
But you should encourage people. The point is
you should encourage,
one another to what?
To,
fulfill,
and help one another to fulfill their their
oaths that are taken by
the divine name.
If your brother is oppressed, you have to
come to their aid and to their assistance.
And so remember that the people of
the people of Turkmenistan
I said Turkmenistan,
also Turkmenistan, I guess. Turkestan, East Turkestan, the
people of,
you know, the people of
of Burma, the Muslims, the Rohingya Muslims of
Burma, the people who are Muslim and all
of these places, they have a haqq over
us. They have a right over us. Don't
say that we're separate than them. And whatever
shayateen will whisper that in your ear, that's
not part of the deed.
He says
he said, and we talked about that. We
talked about that in previous,
in this particular series. We job it's to
die, and if someone calls you, invites you
over, that you should, answer the invitation and
not dismiss the invitation without reason.
That you should proliferate the greeting of salam,
and he prohibited us from wearing rings of
silver.
Sorry. We're wearing rings of gold and drinking
from vessels of silver,
and,
from wearing
red embroidered clothes
and from,
wearing,
basically mentions a number of different types of
clothes that have silk and that are are
are really fancy, that he forbid us, as
men from wearing those things.
So this is a little bit of look
at the hadith of the prophet sallallahu alaihi
wa sallam,
when continuing
and understanding, like, what the what the train
of thought is. And, Iru Nabi's aid mentioning,
the things that he mentions now, in the
in the in the order that he mentions
them.
And a person should visit his sick brother
if he becomes sick, and a person should
get return the benediction if a person sneezes.
Right? When you sneeze,
it is a sign of vigor
of the body. It said that the the
heart actually has to stop because of force
with which the sneeze comes out,
But the heart just stops for just a
moment.
And, the Nabi salallahu alayhi wa sama, Allah
loves to sleep when he sneezes,
Whereas the Nabi Sallallahu Alaihi Wasallam, would make
the would seek refuge from shaybaan with the
yawning. Why? Because the sneeze is a sign
of the vigor of the body, whereas the
yawn is a sign of the weakness and
the tiredness of the body.
So, with a yawn, a person should cover
their mouth and try to suppress it as
much as possible, especially in front of other
people.
And, when it comes to
when it comes to the sneeze, the person
says,
Praise be to Allah
And then if you hear that person give
the benediction, then you should return it as
well and say,
have mercy on you, show mercy to you.
And then thereafter, it's narrated that the messenger
of Allah, salallahu alaihi wa sallam.
If a person said, you're hamakumullah to him,
he
said,
may Allah forgive us and forgive you.
And,
it said that the yahood
would sometimes sneeze and,
say the benediction
in front of the messenger of Allah
in Madinah,
hoping for him to say this prayer, back
for them because they bore witness to the
great and immense amount of barakah that he
came with, Sallallahu Alaihi Wasallam. While, puzzling puzzlingly
not believing in him, some of them. And
so he would instead of saying,
forgive us and forgive you,
he would give the benediction
of May Allah,
guide you and rectify your shortcomings.
And, some of the ulama, they, said that
this is also an okay benediction to give,
for the,
for the Muslim, as well in response to
when a person visits the sick, by the
way, there's add up to it. You don't
you know, you visit the person who's sick
in order to remind yourself of the transitory
nature of life and, like,
how you can't take life for granted and
how the dunya will abandon you and all.
But you don't go and, like,
toss that on the person. You understand what
I'm saying? That may be in your heart.
You take some from it. Right? But when
you go to visit the sick,
you know, you gotta you gotta, like, you
know, give them some some hima.
You gotta give them some glad tidings. You
gotta, you know, give them some
encouragement and some courage,
and,
help them to take heart. You know? Go
and make dua for them. You know? So
who am I? My dua is not accepted.
Look. Who are you? Nobody. Who is Allah?
Allah is the one who says
That if you if my yeah. Muhammad Ali
Qasath was son, if my slaves ask you
about me, then tell them, verily I'm nearby.
And I answer the the the call of
of the one who calls upon me. Literally,
I answer the dua, the one who makes
dua to me,
when he makes dua. So let him make
du'a
to me and seek
an answer from me, and let him, let
him believe in me. Let them call upon
me, let them believe in me, so that
they may be guided. So, yes. May do
offer the sick when you go there. Insha'Allah,
Allah will make it better. Allah will decrease
your pain. Allah will, you know, may Allah
forgive your sins.
Inshallah,
that Inshallah Inshallah, no harm will come from
this. This this is good, Allah is cleansing
your your spiritual state through this.
That the Nabi sala was someone he would
visit, it's narrated that Nabi sala was someone
who'd visit the sick. He would say in
his dua,
He said,
oh, lord of people,
drive away the the the the severity
and the difficulty of the sickness
and cure. There's no one who gives cure.
You're the you're the one who gives cure,
I should say. And there's no cure except
for your cure. So give a cure that
doesn't leave behind any illness.
Or that the Nabi some would say,
7 times.
A person doesn't say this 7 times to
someone who he visits,
except for Allah will
cure that person,
except for the one who is,
except for the one who it's written that
this is his time to pass.
And so go give duas, cheer that person
up, bring some part of your spiritual state
as well, and help them out. You know?
Don't, don't, like, don't go there for the
reminder of death and you yourself, like, you
know, walk in as if you're, like, already,
like, halfway done planning the person's janaza. Such
people
very clueless, and they just do a lot
more harm than they do good.
You're there to help you're there to help
your brother. You're not there to, like, you
know,
you know, take a reminder of death at
his expense in order to, like, push him
down,
whether willingly or unwillingly.
And so the person should what? The person
should visit his brother, and the person should,
return the benediction of the one who sneezes,
and the person should
be present and witness,
that person's Janaza. Meaning, praying that person's Janaza
and then witness that person's burial,
when they, when they die when they die.
And so,
mentioned that there's a reward.
There's a reward for the person who,
for the person who prays the of,
the person who dies, and there's a terat
of reward for the person who follows the
janaza thereafter and stays with it until the
person is buried in the ground.
And the qiraat,
here is is defined by the sunnah of
the prophet
as a a large quantum,
which is equivalent to, the mountain of Uhud,
which is big. It's a lot it's a
lot of reward, basically.
So a person should a person should honor
those who have passed by, staying for the
janaza. And if they're able to, they should
go with them also to the,
to the cemetery, and they should then give
dua for that person, which the janazah is
a form of dua, and also make dua
for them while they're being buried,
etcetera.
And also give consolation to their
family,
to to to to to make dua for
the deceased in front of the family,
and then thereafter to make dua for the
family that Allah give you patience and reward
you for your, for the difficulties that you're,
that you're, undertaking. In order to what? In
order to enjoin them the patience so that
they don't have a breakdown and things don't
get even you know, that things that are
already hard don't become,
that worse, because of that. We, as Muslims,
we we we shore up our our brothers.
We, you know,
the the our brothers, they see us, and
they take support, and it keeps everything together
rather than pushing through things to work,
falling apart. And a little bit of support
from other people means a lot. And the
thing is once you understand this is why
you're doing this, then I want you to
think about how you do all of these
things so that you can do these things
in a way that is actually supportive and
not, like, harmful. You know? Don't go and
act like a yahoo in somebody's janaza or
in their burial.
Don't go and, you know, act clueless when
you're visiting the sick. Have this understanding that
you're doing this for your own, spiritual benefit
and for your reward, as well as in
order to shore up and give support and
help to this person.
And try to think of how you can
be helpful
rather than being a burden.
You know, don't don't feel insulted if you
go and visit someone who's sick and they
don't honor you in the way a guest
should be honored.
Why? Because they're sick. You know? If they,
like, if they see you and they're like,
you know, like,
can we meet another time? Or they only
sit with you for 5 minutes and then
they ask you to leave. Don't feel you
know, don't walk out all hurt in this.
No. Say we we're here for your sake.
Sake. We're here to make you happy. You
call us back when you need us. We'll
come anytime. And if you need something, let
us know. We'll we'll,
we'll,
take care for you because you're there to
help. You're not there to be a burden
or you're not there to get your own
get your own, ego pumped up, your own
nest pumped up.
And that a person should guard him. It
should protect that person when
they're,
when they're not present,
in private and in public.
That you shouldn't, you know, if people are
taking potshots at your brother,
you don't,
you don't participate in that. Rather, you should
say a word to defend your brother.
Whether it is,
when your brother especially when he's not there,
whether it is, in private or in public.
So this is, I think, a good place
to stop, inshallah. This is a somewhat of
a lengthier.
It's not all that different than the we
talked about,
with keeping good
good relationship with your parents and with your
relatives. But there's there's some things that are
worth mentioning,
thereafter, and I don't want to go over
the the hour mark. Allah
forgive us, for our shortcomings. Allah give us
a to read and understand those things that
we have to, that we haven't been able
to yet, to read those books and to
sit in the company of those that
that that we we wish to,
Allah give us the the of reading the
and
it's a different and
the and the different books of ill.
Inshallah, Allah protect us from ever saying something
that's wrong. Except
from people whatever form of they do and
that they genuinely think is the best after
consulting with. Even if I don't like it,
accept it from the people. And even if
they don't like mine, Allah accept it anyway.
All of us are trying what's best, Allah,
whatever disagreements that we have,
with one another, inshallah, as long as they're
in good faith, may Allah,
keep us happy with one another and,
you know, in one another's,
in one another's good grace, Insha'Allah, and remove
any
severity of disagreement from our hearts in this
world and the hereafter.
Allah
hasten the day that,
we are no longer threatened by this
disease or by other diseases,
and hasten the
the the help and the aid of our
brothers and sisters who are oppressed in the
different lands,
both outside of Dhar al Islam and also
sadly within the Dhar al Islam.
Allah used these circumstances
in order to depose,
the people who are evil and wish evil,
to the creation of the and
use it as a occasion to raise
those who wish for good and wish for
good, by God's creation and by the of
the prophet