Hamzah Wald Maqbul – Mlik Fiqh Travelling Issues Jumuah 1 of 2 04192017.mp4
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So this is a he's gonna go back
over some messiah that that we
kinda touched on when we were in the
Babun Jami on fis Salah.
That the person who leaves their house
and,
the the the ruling of being a traveler
comes over them
while they're out.
And if, for example, the ruling or they
they haven't prayed Zuhr or Asr, the idea
is that if
they be when they become a traveler when,
there's only 3 rakas worth of time left
before Asr ends,
Then they pray 2 rakas of Zuhr
and then 1 rakka of Asr 2 rakas
of Asr. 1 is in time and one's
out of time. Meaning both of them they
pray as a traveler.
However, if there's 2 rakas of time
for for zuhr
or for asr left or one, then they'll
pray zuhr for rakaas
because they've missed the entire time.
And then they'll pray 2 of Asar because
they missed the by that time, Asar will
be done too. Then they'll they'll they'll pray,
2 rakas for or so Asar because they
missed it as a traveler.
Meaning that the time of the that they'll
pray 4 rakas of Zuhr. Why?
Because
there's only 1 or 2 rakaz of Zuhur
time left.
The the the the the Ruri time sorry,
the the Ruri time of Zuhur extends all
the way until
not the time Maghrib comes in, but 4
rakaz before it comes in if you're a
resident, and 2 rakaz before it comes in
if you're if you're a a traveler.
So that's basically the idea he's trying to
tell. So he's he told this the idea
he's trying to teach. He's told this issue
before
with regards to a woman who is in
her period and her period ends,
of how she is supposed to like, if
she if her period ends and she's becomes
clean again,
less than
less than 4 rakas time before,
Maghrib comes in, then she only has to
pray Asur, she doesn't have to pray the
Zohar because the entire time of Zohar was
gone,
before before her period ended and she was
able to get clean. So here, it's a
similar it's a similar issue, but here it
has to do with with,
the person who's a traveler
that that that the,
the the time of Zuhr is not all
the way until Maghrib, but it's all the
way until
the the the time it takes to pray
Asr before Maghrib.
So if the person hasn't prayed Duhr yet
and there's only 2 rakaz or less,
worth of time before the sun sets, and
that person has missed a duhur
before they become a traveler, and they have
to pray the duhur make the duhur up
as a as a resident, and then they
make the afterward as
a as a traveler. Yeah.
And the reason that they do that the
reason that this is they have to do
this is because you have to pray your
prayers
in order
unless it's more than 5 prayers you missed,
and then you can jump the order.
Does that make sense, or does someone want
me to repeat that again?
Roll it again, brother. Okay.
So the person who is who
who didn't pray the hurrah, they
leave their house and the hookah of being
a traveler comes in,
and they only have If they have 3
or more rakaz worth of time until the
sun sets, then they should pray 2 rakaz
of Zuhur and then 2 rakaz of Asr.
If there's 2 or less,
then they will pray 4 rakas of Dhuhr
because the Dhuhr time came in and left
before they became a traveler.
And then after they're done, they'll pray to
Rakaas of Assur because some part of Assur
was in when they were a traveler.
Yeah.
So can you elaborate what the time means?
That's a whole another essentially, every prayer has
a time in a Muhtar time and a
Durri time. The Muftar time is a time
in which if you, you know, if you
need to delay it a little bit, you
can delay. And any part in that time
you can plan to pray and play that
pray that prayer, there's nothing wrong. The delivery
time is that when it's so late that
you have to pray immediately. It's not the
time is not out yet, but once the
delivery time comes in, as soon as you're
able to pray, you have to drop everything
and pray.
Are are we good? Do we do we
need to do we need to, go over
that again? Are there any questions?
So then the opposite this is the opposite,
this is the opposite example that a person
who comes back into town,
and hasn't prayed either of them yet, If
they get back into town with 5 rakaz
worth of time or more,
then they will pay both of them as
a resident because there's still some delivery time
left for,
and there's there there still some delivery time
for us. So it's 5 or more.
Why? Because he can pray both of them
completely. He has enough time to pray both
of them completely.
If he comes back into town and there's
4 rak'as of time or less,
then he will have to pray then he'll
pray the
as a traveler because the entire Zuhr time
ended while he was traveling, and then he'll
pray the Asar as a resident.
So if a person comes back home,
at night time,
and there's only 1 rakkah worth of time,
before fajr, before the break of dawn
or more, and that person hasn't prayed,
then they'll pray
as
3 and,
Isha as 4.
And then on the flip side, if he
leaves
town with 1 rock hour worth of time,
or more
than, before Fajr comes in, then he'll pray
as
as a pray Maghrib because Maghrib doesn't change
whether you're traveling or not. Right? So pray
Maghrib, and then afterward, he'll pray,
Isha as a as a Musafir.
And that's all that's all for this bab
because most of its
most of its issues were
covered from before.
So
it's a chapter with regards to the Friday
prayer.
So there's a there's an expression in the,
in the book
of
Allah
when the,
when it's called, when Adan is called for
on the day of
first,
then strive to get get to the zikr
of Allah to the remembrance of Allah. So
the zikr of Allah is the here
and the prayer,
but the but the one of the tafasir
is and specifically the Khutba.
So what does it mean to strive? Strive
here has a technical meaning that anything that
doesn't take you toward it, you have to
abandon it. You have to only be going
toward the the the the the Jummah Khutba.
And so the, the the the commandment to
Sahih
that you have to drop everything and just
go to the masjid, whether it's
whether it's physically, like, move in the direction
of the masjid or those things that will
take you to the masjid, like going to
make wudu and then allow you to enter
the masjid properly.
So you have to be doing one of
those things. That is is for the the
the what what now became the second adhan.
There is a first Adhan that indicates the
time is in,
and there's a second Adhan that indicates that
that the the Khutba is about to start.
So we're talking about the second Adhan. Now
during the the time the reign of Sayid
Abu Bakr, Sayidna Umar, and during the life
of the prophet sallallahu alaihi wa sallam,
the sharih of
the nafrawi, the sharreh of the risala, he
said that originally the prophet sallallahu alaihi wa
sallam during his time,
the the practice that they had was that
there was 3 Mu'avans, and day 3 of
them would call the Avan one after the
other.
And so the
the the original commandment of this this,
you know, this, when the when the prayer
is called to, then rush to the or
strive to get to the the remembrance of
Allah.
That commandment was for that that that 3
azan
back to back. When it starts, you just
have to drop everything and go to the
masjid. That means you've your your time is
up.
And then during the time of,
because Madina was so big, that amount of
time wasn't enough for people to get to
the masjid.
So they increased the length between the the
the the they what they did was they
had one Avan called at the beginning of
the prayer time, and then one called one
that was gonna start. So and then there
increased the length of time between the 2
of them so that people Medina, it's a
big Medina so that they'd have time to
get to the get to the prayer.
So at that point and that's the issue
how they say
no one from
ever accused him of making because he understood
the and why it does what it does.
The adherence to the spirit of the lies
is is part and parcel of adherence to
the lie. Adherence to the letter of the
lies, part of it as well, but one
doesn't need to be at the expense of
the other. So that was the issue he
had that he lengthened the amount of time
between them. And the have to then
ask the question that that when the prayer
is called, when it's called to the prayer
and you have to make sigh, you have
to strive to get to the prayer. Which
of the calls is the one that that
makes the striving
far?
The second. It's the second one. It's the
second one. So he he the Sahib Burrisala,
the the author, he says that the toward
Jum'ah, the striving and having to drop everything,
it's the one that happens what the a
down that happens when
the, when the imam sits in the member.
And that sai is like a big deal.
It has a lot of legal consequences as
well. So for example, trade transactions that happen
between the time of that that call to
prayer and between the time of the salaam,
they're ill they're null.
So if a transaction happens and it comes
from in front of the judge, the the
judge will not honor that transaction
because you're not allowed to basically, everything becomes
haram at that that point except for going
to the clickbait. Obviously, there's certain extreme,
exceptions. You know? So, like, people who are,
like, running the emergency room at the hospital
or something like that. Like, you know, or,
like, you
you're on your way to July and you
saw someone's, like, dying on the street or
something like that. Those are exceptions, but those
are very extreme and they're very few.
In general, it becomes haram to do anything
else. I mean, the person should feel that
at that time, that at this time, everything
I do is a sin other than going
to the masjid.
And really the ideal of the sunnah is
what is to avoid putting yourself in that
position. You should already be in the Masjid
from way before,
but,
but but at that point, it becomes critical.
You're, like, redlining at that point.
Right? That point when the imam sits in
the member and the they start crying out
toward the prayer. They call they call out
to the prayer.
Or sorry.
So he says that,
he says that,
the the sunnah is the old sunnah was
that the the the the people.
Sorry. The the sorry. The the Iman, when
he would get into the member, then the
Evans would all go up into the minarets
and start calling the adhan in the way
that we said,
in the way that we described. And so
the, he quotes
Abdul Habib,
who was one of the who not one
of the original, like, the original,
scholars of it that takes from,
takes from the old
from the from the old generations of the
Madhab.
So, anyway, there's and there's more more there.
Basically, it describes that during the reign of
Saidna Uthman, he
he would he he called
a a new Avant to be called in
Zorah, which is a place
that's close to the market of Medina.
And he would call he would call the
people to or he would send him Evan
there to call the Adhan,
so that so that the people in the
marketplace would know, okay. It's time for Jummah,
so start moving toward the start moving toward
the, toward the Masjid. So the 2 Adhan's
that happened for Jummah,
the one that Sayna Uthman started that wasn't
there before is the first one.
This is because the second one that's connected
to the starting of the Khutbah, that was
the one that was there in
time of the prophet sallallahu alaihi wa sallam,
but there are 3 of them. So now
there's enough time the function of them being
3, there's no need for that anymore
because, the function of the 3 was to
give people enough time to, you know, log
over to the, Masjid.
Now the other Adan took that that that
that,
that,
that function. And so he says in the
time the time of Hisham
bin Abdul Malik,
that
that in his time, what they did was
that he would have instead of having the
adhan for the chutba starting from the
outside, it would be from the inside of
the masjid, then everyone just started doing that.
So this is this is the the this
this Adan, the second Adan,
Saidna Uthman
who was the one who instituted,
was the one who instituted, instituted the second
Adhan. The second Adhan not being the second
one in time,
but the second one in
being instituted.
Because the the first adhan in terms of
its institution
is the
one that happens right before the Chutba.
The second one that was instituted is the
one that happens at the beginning of the
prayer time.
Right? So it's a little confusing because he
says the second one here, that the second
one here was instated it was instituted by
by Saidur Uthman. He doesn't mean the second
one in chronology.
He means the second one in terms of
it
in terms of it being instituted, which is
in chronology the first one. It actually does
the second of them happens first and then
the first one happens
second. Mhmm.
Okay.
So and he mentions that that
that second one, that's the one when it's
haram for you to do anything other than
go to the Masjid.
Obviously, the first adhan is in, you should
also already be going to the Masjid, but
the legal ruling of, like, everything becoming a
sin other than going to the Masjid happens
with the second one.
Exactly. So it's a hadith of the prophet,
sallallahu alaihi wa sallam.
And this is a hadith.
The hadith is that one day. The
the Avan is called,
the angels fold up, the angels they stand
during the whole day of Jum'ah at the
doors of the masters writing the names of
the people who come. And when the, Adhan
is called, they fold up their their scrolls
and they go into the masjid to attend
the hookba.
So
the insinuation being that, like, your name won't
be on the record of the people who
attended,
if you don't come on, you know, on
time, if you're not there before the adhan
is called,
or when the adhan is being called at
at the at the maximum.
So does that mean that your jumah is
invalid? No.
It may mean it may mean that you
don't get reward for it, though, because it's
a like, you know,
it's like, for example, if the mayor says,
okay, every citizen has to show up at
city hall at, like, you know, 10 in
the morning, and we'll give you a $200
check. And if you don't show up, you're
gonna go to jail. It's basically like if
he showed up late, so he'll be like,
okay. I won't send you to jail, but
you don't get no check. It's basically like
that. So if you're gonna go if you're
gonna go to Jumah anyway, if you're gonna
take the time off anyway, if you're gonna
get your shoes stolen and get your car
double parked and all that other jazz anyway,
you're gonna get be all that by your
boss anyway. You may as well go on
time and get the get the maximum reward.
And, obviously, this is not fit, but like,
you know, like other things in life, if
you're
trying to be on time, you're gonna be
late. And if you're early, then you'll be
on time.
It's not hard for us to go, do
we get some of the same reward as
me?
Yeah, I, if the women it's not far
for them to go. Not far for women
to pray at home, the salat itself may
have more reward at home than it is
in the in the juwah. But
if like the chutba is one of those
things that you're gonna benefit from and gain
from, then the learning of the ilmen, the
benefit of an iman and knowledge from the
chutba is has a reward that's separate from
it. So depending on what it is, you
may you may it may be better to
go, it may be better to stay at
home.
The unfortunate fact is
that in America,
most of the Jumah Khutbas are utterly horrible.
And some people, honestly, in certain places, I
just tell them, especially people who are new
like, new to Islam
and not like,
you know, their iman is still shaky and
things like that, I tell them just don't
like, just go, like, after the hookah is
over because people say the ridiculous most ridiculous
stuff things. So if that's the case, if,
you you know, if a woman is a
woman, she should count her blessings, that she
doesn't have to go through that. Whereas, if
you're a man, it's like a fitna you
have to go through and, like, listen to
all this nonsense type stuff.
So I can walk you some.
The other thing is that some places I
don't know. Some places, they have issues
in terms of,
like,
not having space for women.
And, you know, I have a,
I don't know. Like, as a this week
and next week issue,
I can see how, okay, that might be
an issue. I think like in in the
long term, people need to make arrangements for
stuff like that. I I completely understand how
it's very frustrating for our sisters that,
that they're forced to, like
they're forced to not participate or, like, their
their spaces are not good and things like
that. And part of
the,
part of the the,
the issue is that,
part of the issue also is that, like,
you know, in this country and and it
goes both ways as well to, you know,
to maybe not be so PC or whatever.
I probably should
be a little bit more PC, but,
you know, women hung up in this country
are very, like, they're very
societally, they're in a very powerful position as
well.
So one of the ways of
one of the ways
of dealing with that is be like, look.
We're not giving money to the masjid to
for the general fund. We are gonna raise
money for the women's section. It will go
into the women's section. You will make the
women's section like this. And, like, you know,
you're gonna you know, sisters are gonna have
to kind of put their foot down.
And it's kind of ungentlemanly
for men to not
have thought about these things in the first
place. But at on the flip side, you
know, if you're a sister and you're pulling
some pulling some serious dough or whatever,
then,
you know, at least you're not in a
position where you don't you can't put your
foot down. You know what I mean?
And I I this is definitely not an
excuse to cop out, you know, for designing
massages in a way that are not that
the women's sections are not respectable or whatever
but you know sisters you know please if
that's the the case you know
put your foot down. And we have, like,
this kind of weird grievance culture now where,
like, everybody
airs their grievances about everything.
And that's not to detract from the grievances
that are legitimate. But we have to think
about how we're gonna solve problems as well
because the solutions don't come out of thin
air. So, yeah, you know, if you have
the money and things like that,
or and you have the ability to get
the sisters together, make the make the sisters
section,
make it work, and put your put your,
your resources into that. I don't know. I
just
social media makes my head wanna explode. I
read
I read this, like, just ridiculous or and
I don't even know if it's true or
not. This is the thing people, like, talk
about stuff and then you find out later
it's true or so. So I'm not saying
it's not true. I'm not saying it is.
I just have no way of knowing, but
I just read this story and, you know,
all, you know, all claims about whether it's
true or not
or all bets are off about one of
the ulama came to England recently and, like,
there were sisters who were waiting in the
place
to hear the sheikh speak.
And then right before the the talk was
supposed to happen, they were told it's a
lot time, so empty the hall so the
men can pray. Then when they tried, they
went into the stairwell and when the hall
was when it when the prayer was over,
basically, they're like, oh, there's too many men,
so the sisters can't come. And the thing
that pissed me off about that and upset
me about that is that, you know,
a there's not enough space, we have to
accommodate people, but to make someone get up
and leave their position after having come early
in order to to attend, there's something wrong
about that.
You know, know, in the in the Masjid,
by the way, like, when you come into
the Masjid,
it's bad to make a person move.
And, to make a person leave their space
for you is like haram.
It's bad just to, like, force someone to
the side. That's bad enough
To actually, like, do something that makes a
person get up and leave from their their
space, that's, like, really wrong.
And that's for the father prayer. So for
Bayan, I don't know, like,
logic there is for that. So oftentimes when
people in my position
say stuff like, oh, there's not enough room
in the masjid, so then the brothers get
priority for Jannah. And there's me saying something
like that, which is very legal, like a
very purely legal issue that this is farther
for one set of people and it's not
farther for another.
But then when they see people who look
like me in a different context, who dress
like me and, like, look like me in
a different context, saying something like that, which
is patently unfair and has nothing to do
with any, like, sort of fiqi issue whatsoever
saying that then they, you know, assume that,
like, oh, he's just one of them and
I'm not. And that's not that's not cool.
Like, that to do that is not cool.
It has nothing in the sense that the
not coolness about it has nothing to do
with men, women, any of that stuff. If
there was any one person that was sitting
there and waiting to hear the ban and
you made them made them leave for another
person,
you know, immaterial of whether it's like men,
women, black, white, rich, poor,
one random dude or another random dude or
whatever. Right? In all ways, shape, form, it's
gonna be wrong.
So
that's why I I'm kind of making all
these disclaimers because I I do feel
I do feel bad for a lot of
sisters who have to go through that
that type of that type of issue
and, you know, there's a correct response to
to it and incorrect response. The correct response
is like,
you know,
making, you know, making sure that those things
don't happen again and, like, you know, making
preparations for them not to happen again
patronizing and supporting institutions that are good about
facilitating those things not happening again.
A bad way of doing it is being
like, oh, look, all these people are like
this and just being bitter at the world
and whatever, right?
Because that's not gonna solve anything ultimately, and
it's not it's never fair to blame one
person for the the wrongs of another person.
But, you know, people who even go through
that phase, I can almost forgive them even
though it's not right. But, like, you know,
it really sucks when somebody treats you unfairly,
and it makes you feel really bad. And
I feel really bad when when treated unfairly
as well. So,
even though even though such people don't have
my agreement, they do have my sympathy for
sure.
So so there's there yeah. So the the
farthest actually,
they have to be there at the time
of
at at the the time that the second
Adam starts.
Okay?
After that time,
there's one of 2 options. Either you're in
the masjid listening to the chotaba or you're
on your way to the masjid.
Any third option other than that is is,
is is a sin.
So theoretically theoretically, a person, as long as
they can catch 1 rakah of the salah,
as long as they can catch the second
rakah before the rakur,
they won't be they will not be guilty
of the sin of missing Jumayah.
But,
but it but in that time period between
that cutoff point and between when the second
advance starts,
they have to be going toward the the
the masjid. If they're able to make more
than just that, they have to make it
if they're able to. If they're not the,
if if not, if they're just going toward
the Masjid at that time, then that part
there's some sort of like leeway for forgiveness
for that. But theoretically speaking once the second
adhan starts everything becomes haram except for that
thing that takes you to the masjid whether
it's whether it's proximity to the Masjid, like
getting closer and closer to the Masjid or
whether it's like things like making wudu or
which may may require you to go a
little further from the Masjid, but in the
world of meanings, it's bringing you closer to
the Masjid. Legally, it's bringing you closer to
the Masjid.
Sorry for going veering off of Fiqh for
a second and going a little podcasty, you
know? Podcast is like the the the the
premier,
thing for a person who doesn't wanna actually
do something that they're supposed to in life.
They take a break from take a break
from like doing other stuff, I guess. Yeah.
That's relevant and whatnot on the
We I joke because I'm, you know, fellow
podcaster, so I'm gonna laugh. So it's not
personal, right? No, of course not. Yeah. I'm
gonna get like mad one of I have
to tell myself that like I'm doing something
for the Ummah but really just having fun.
Well, inshallah, you're you're you know what you
should say is like I'm having fun inshallah
something will happen for the Ummah too. Yeah.
Yeah. So I wanna get into, like, death
threats from the Madam Mamluks next time. I'm
gonna Yeah.
And the 2 the 2 sets of
the 2 sets of,
things that make the
an obligation
are,
al misr, right? Misr without the alif lam,
that's
that is the name of Egypt.
Even in Hebrew, it's Dar HaMisrayim,
the the the the the
dot of the miseries, the the the
the the home of the Egyptians. Right? So
misr, the word misr is the the the
native Egyptian word and the Arabic word for
Egypt.
So, that's misr without the aliflam,
and that's ghairmun salif misru misra. It is
not an Arabic word. Right?
Then there's al misr. There's an Arabic word
al misr, misrun, misran, misrin,
with the aliflam that takes the aliflam grammatically.
Al Misr, it just means any metropolis
or any metropolitan city.
Why the 2 of the words are the
same? I suspect
as, like, a novice, like,
linguist
or a hobby linguist, I should say, with
deference to all the actual linguists out there.
I suspect the reason is because
Egypt was such a big city that the
name of Egypt just
became like
a,
became
just a metaphor for a city,
like the big city. You know, like New
York City is like the big city. So,
like, when you have, like, all those Gotham
City and fake, like, you know, what is
it? Metropolis. They're basically they're just comic book
version comic works versions of New York essentially
is what they are. Right?
Thinly
thinly, like, with the names, like, changed, like,
just by a very little bit. You know?
So a lot a lot knows best, you
know, because Egypt was a city before Rome
was a city. It was a city before,
you know, the Persians had their empire. It
was a city before, like, a lot of
empires were built. It was before that. Egypt
was the original game in town. Right? So
all these kind of crazy freemasons and stuff
like that, they say our weird faith freemasonry
comes back to the Egypt. That's why they
put their weird, like, the jaw eye on
top of the pyramid and the and the
and the dollar bill and whatnot. And, you
know,
as a word to the wise, it's not
gonna go very far. Just drop it and
come back to the dean because your your
one eyed project is not
is not gonna be for the betterment of
humanity. But, hey, whatever. It's a free country,
so and I'm not in charge of it.
So,
you know, everyone can do what they what
they think is best, but it's not gonna
go very far.
The idea is that that mister the mister
that's being mentioned here is that you don't
have to be in Egypt for Jemaah to
be valid, but you have to be in
a city in a metropolis.
And the the the definition of what a
city is
is a place that is,
basically a permanent settlement
that doesn't that isn't in need of other
than it.
A place that has its own water, it
has its own marketplace, has its own courts,
it has its own government, it has its
own,
you know, you know, whatever. It has its
own agriculture, it has its own everything. You
know, it's it it runs on its own.
So
you the point is you're not gonna have
Jawa in places where like only like 10
people live
or only, you know, just a limited number
of people live. That those villages are like,
you know, it's like Bedouins, for example, they
move with their tents from place to place.
When the water dries up, they move to
another place. Or like travelers, if you're all
traveling to a place,
traditionally,
the idea is also you can't have it
in Darul Kufir.
You can't have Juwon in in Darul Kufir.
Why? Because you're not gonna live there permanently.
Well, guess what? Now everyone's living there permanently.
So,
I believe that the
the, you know, that there is
there that many of the have changed their
opinions or have
leaned toward different opinions originally. I think it
would have been very strange for them to
think about the idea that Jumal would be
in
Jumal would be in Dar al Kufr, but
now because the Muslims have been living here,
you know, like, for so many generations, there
are people who've been living here since 1800
and their descendants are still Muslims,
and and, you know so
the idea though
is this is a theoretical,
common thread that that that's goes through all
these different conditions of of
Jumuah
being,
valid in a place is that once you
start it, you should be able to reasonably
foresee that we're we're gonna establish Jumuah
in this place and tell you on Mokayama.
If a volcano comes out of nowhere and
like destroys everyone, you didn't know it was
gonna happen, you know, whatever, right? Or if
something some catastrophe
happens that you couldn't foresee,
it happens. But, you know, in the in
the in the world of, like,
foreseeable stuff,
you should as you have to be able
to not foresee that anything that's gonna stop
the Jema once we started.
Which means what? Which means having Jannah in,
like, every, like, weird, like,
like, little room in a hotel or in
a conference or at a, you know, this
and that. In other mavahib, there's scope for
its validity according to Malik. There's no
it's not valid.
So we're re reading Malik Ifeq for this.