Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Family
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So today inshallah we will try to go over
three chapters, two books in one chapter.
So the book of the heart, the book of Leon, and the chapter on physical custody.
And I talked to you before about why they call them books and chapters, sometimes, sometimes it is hard to see it.
Usually a book would be larger than a chapter keytab would be a larger than a bad, but that's not always the case. A book would be of distinct sort of nature,
from the surrounding chapters, but that does not seem to be always the case.
But anyway, you know, in generally speaking, a book could be larger a book could be of this nature, from the surrounding
Certainly, like you have the book of Salah, the Book of Enoch starts with a book of taharah. The books of the books usually start with a book of Tara, which is physical ritual purification, and the book of Salah the book of Zechariah. Had,
the book of
you could have under the
But the Bible is not usually under a book
in the book does not usually mean that there will be different chapters under like, here
are no chapters on the topic.
And it does not seem to be particularly larger.
Certainly not larger than double Havana, for instance, or the chapter on physical custody.
But it also depends, it depends on where you're looking at which book you're looking at, because some books could be could take more,
because it has like so many details. Anyway.
We'll start now with a couple.
They are the book of the Magna Carta Marina hula who died in the 620 after hitter, seven his work on that effect,
which is a
manual of the of Humbert effect.
He's won equality marotti Angelica to me, under the book of the heart, which is kita with Dr. Nicola marotti, Angelica Akari ami
Romani bead, how we call the MTR, a cabbie, you read the crema B.
Paper, pay close attention to the phrasing, the scholars have a very precise way of phrasing their sentences.
Why is he saying this is to say to one's wife, you are to me like the back of my mother, meaning a woman who is permanently unmanageable to him or to say to her, you are to me, like my father intending by that to make her unmanageable to him. There are two different
sort of sentences here, they're two different messages being communicated here. One is about the Accept less that they are,
which would count as they are, just by the mere statement.
And someone's intention here would not be consequential. When someone says to his mother, you are to me like the back of my mother,
to his wife, to his wife, you are to me like the back of my mother. intention here is inconsequential. But when he says to her, Auntie Alia cabbie, you are to me like
then that is not acceptable set, an intention here would be consequences, what he intended, would be consequences. So let's try to talk about this in some more detail. So he says here, this is either one's wife, you are to me like the back of my mother, meaning a woman who's permanently out
marriageable to him, meaning a woman was permanently unmanageable. Well, first of all, permanently unmanageable to him is a position in the Hanbury miasma with another position in somebody's mouth, that it would count, even if he told her you are to me, like
someone who's not permanently unmanageable, but rather temporarily unmanageable. Like her sister, for instance, his wife sister
is temporarily unmanageable.
That would count as the heart according to the authorized view and the Hanbury method. According to the latter generations, we have said so many times, that this does not mean that it is the stronger in reality in truth,
but it just means that this is the position that is considered authorized by the latter generations. The positions that Kodama Rahim Allah, you know, could be the greatest author and the hanratty Muslim of all times have chosen does not always mean that it is the authorized position according to the latter generations. So,
now, they are the you know, sort of Casa de la
sort of Kasama
Quran surah in a la la voce for the Dinos I mean commonly say him Maha Maha to him those of you who pronounce the har
two against their wives
their wives are not in truth their mothers and they are saying falsehood and objection objectionable statement and false.
So, it is forbidden, the legal value of the heart is haram. forbidden.
And based on this, we are is applicable to whom, by the explicit statement of this hire mothers. So, when someone says to his wife, you are to me, like the back of my mother, no one would argue about this being VR.
Why did they use to say this, they used to say this when they you know, when someone is completely frustrated. And he wants to exaggerate, wants to say that have nothing to do with you, you are to me, like the back of my mother, like as forbidden to me as the back of my mother. It's sort of like a way of exaggeration. And you know, where I come from and the culture that treason anyway, people like to exaggerate.
So, that was a way of just exaggeration, you are as forbidden to me as the back of my mother. So Allah subhanaw taala told them that this is haram and this is Zoo and this is Moncure falsehood and it is Mancha.
So, now the scholars went
extrapolated from this they went out in circles. So what this include saying to his wife, you are to me like the back of my sister, they would say yes, cousin sister also is permanently young marriageable, would this mean my arm? Yes. What about if he said, he your hand
or your ear is as is as forbidden to me has
the back of my mother cannot even the back of my mother, like the handle my mother,
like your ear is as forbidden to me has the eye on my mother or the you know, so? So they said that would be the heart that would be the heart.
So any part of her likening any part of his wife to any part, but that has to be an integral part that we talked about this before. So if he says to her the spirit that so saliva, you know the
what you know, the breath, the things that are the names the hair, these are like Tiger apart.
There's even like some inconsistency and you know,
Sometimes they say the blood would not be the heart, but what people are,
anyway. But so they just because there are countless scenarios, countless scenarios, and the idea, as I said many times before, is that these scholars, were not theorists only, they were also judges. So these scenarios would come to them. And they would include them, because they have to pass a judgement. So a woman comes to the judge and says, so my husband said to me, your ear is to me, like, you know, the nose of my mother. What, what is that now, so they'll have to issue a decree about this an edict fatwah, and then this would make it eventually to the books
to record the precedent and to basically show people in the future, how to address those issues, I'm not going to get into much detail there is so there are so many details in under this chapter. But since the environment and we're here in America, people, you know, usually don't say that,
even in back in the Arab world, the horrors become almost obsolete, no one says that, unless someone really is like, you know, into effect and stuff and at the same time,
reckless and, you know,
and you can find those characters. So, then,
then, as we said before, Angelica Romeo and Armada video are to me like the back of my mother meaning a woman who is permanently unbearable to him or to say to her, you are to me, like my father, intended by that, to make her on marriageable, to him, intending by that to make her unmanageable, what if he said to her, you are to me,
like my mother,
what if he said to her, You are like my mother,
these would have different values, because you are like my mother, maybe like my mother in honor and whatever. So, these are not all the same value, the same would apply to any form that is ambiguous. And that is what I want you because going into the basically, the nitty gritty of this topic, is not particularly practical, or useful. But what I want you to remember from these two statements of Dharma is that explicit and implicit or ambiguously hard, when it comes to ambiguous there are that it is dependent on the person's intention dependent on the person's intention. And then when when it comes to the explicit VR there. A they were ruled against him, regardless of his intention. And when
they ruled against him. That ruling is consequential it will make his life pretty difficult. We'll see how
but but then again, he did himself I guess, because the heart is hot and
then the sheikh said so, if he said to her, you are to me like the back of my mother or like the ER like in the nose or your ears like the nose or anything like this part four part anything like this, an integral part like I said,
then this would be counted as the heart It is haram is sinful. But then what are the consequences of this the heart then he talks about the consequences now, he says, Hello, you can feel to hurry rock bottom and complete a yet a mess from Alameda to see
him in public yet Ms. monomial started off at almasi Tina Myskina
Latino heroin minister infamy Mercado de Roberton mentality a year time as the automobile lobby Madonna Madonna hubby for Melania did for cmhr anyone's Baby, I mean public ATMs for Melania Santa Fe Tom see Tina miskeen. So it didn't mention human anatomy. So then she is not permissible for him to have intercourse with until he expiate by emancipating
Leave, if he cannot afford it, he should fast two consecutive months before they can have intercourse. And if he cannot do that, then he should feed 60 poor individuals, this is a letter T or a year, this is basically an in sequence in order or optional anyone in sequence, you know some of the Confederate pilot or teep some of the peratallada here 13 means order in order to here means choice meaning the choice is given to the person whose expiating to choose any one of a number of data, but here it is out of 30 therefore, you can jump from one to another, and the law says family limited family lamea Stata he doesn't find out about emancipate he cannot fast then he moves on to
the next one. So, the first factor is emancipation of a slave the second
fasting how many days 60 days
60 days consecutive or 60 days total consecutive
and then well and if he cannot fast 60 days
feed 60 people.
So, this this is the fara he has to do this when before intercourse, when does metaphora become binding on him?
When does he Because? Because Guevara here is to make hair color. It is not Kfar for the statement. Let us say he said to her, you are to me like the back of my mother for the entire month of Ramadan.
Does he have to pick a father? No.
If he does not touch her the entire month of Ramadan and you know, it passes then he doesn't have to pick up
the kuffaar is to make hair color. But if he made temporary the hard, he doesn't need to pick a photo
because the kasara is to make her halaal because Allah said
levina varonis some male donelly Mercado, then the return they want to go back and have intercourse with a foreigner means that you know having intimacy with you is like having intimacy with my mother. So that's the that is the pronouncement of the heart. Now, if he says for the month of Ramadan, then after the month of Ramadan it expires and therefore, the ACA is not binding upon this statement because if it is binding upon the statement, then it would be binding on everyone immediately after the
it is binding upon
resumption of marital relations. resumption of marital relation. What do we mean by marital relations to positions in somebody's mouth visit intercourse or intercourse and lustful touching you know the two positions, but anyway the y
which is the what leads to demand the things that would lead to demand should be forbidden also because
the lead the lead to what is definitively forbidden which is DML. So, now, the foreigner does not become binding upon the pronouncement but upon resumption of sexual relations, but when does he have to pay it before the resumption which is one of the tricky things because it is actually binding upon the resumption becomes a wedge rally upon the resumption. But he cannot resume the marital relations until he accepts aids so he must pay before the resumption for the resumption to be permissible. Okay. So, Allah said before this, you know, men complete any attempts before they have intimacy or be called before the touch which means usually end up around
Tomas usually in the parada means intercourse, so, before and before but a lot did not say before here. So, when it comes to emancipation, he has to emancipate before when it comes to fasting that 60 days, consecutive 60 days, he has to finish the fasting of the consecutive 60 days before when it comes to feeding.
It doesn't have to be before but it has to be after the initiation. So if he is
if he gave some people food, or he's given a particular person, let's say he did not find he will not find because in the Hanbury method, you will have to find 60 people to give each one of them food for one day. But which which is more the border in the hamburger method or Medan which is half of the other things, the other things that are permissible than the hamburger method to be given us federa in either
you know, which would be shy
That was a beep
mme is half a song.
Right? Half a PSA half a PSA is what is a PSA is about what is one saw about 2.5 liters
approximately 2.5 liters could be anywhere, you know, depending because it's by volume not by weight. So it varies between these shapes on pockets B, it varies by by weight. So anyway, half a PSA would be 1.25, you know, one and a quarter.
But it varies and it is approximate. So you want to give a little bit more.
So you would have to find 60 people but what if he did not find 60 people in your neighborhood there is one person only who's poor. You give him every day one. Yeah, every day you give him food for one for the end when you start, you'd be okay to resume
marital relations after you had started. And you do this at a time while you are feeding. You don't have to finish the feeling like you have to finish the fast thing before presumption. So that is the difference in the idea and completeness that was not repeated with the feeding. Not because you will resume before you feed. But while you're feeding, you can resume marital relations. So here
and as we said so what if
yes. Would you be okay to give that?
No. It's like a daily thing.
Yes. So requires the and then
here about the
when it comes to you know what one is one thing you know Kapha rotten usually in in the hand very madhhab
to borrow fee
we walked through a jubilant adder.
What does that mean? So what matters in terms of the referral the expansion is the time of would you have been binding cannot the time of Adda which is fulfillment of the for the time
of obligation not the time of fulfillment.
So, what does that mean? Because it is important, let us say, someone
Yeah, someone became poor, you know, so at the time of obligation, he was rich, and then he became poor. So, what would be binding on him? If he had not paid the kafala yet
he was raped at the time of obligation became poor, at the time of fulfillment, what is binding on him?
emancipation, because what matters is not the time of fulfillment. So, it will continue to be binding on him because when it became obligatory on him, he was rich, and it was binding on him. So, the what is the take home message, just do it quickly, don't do it to begin with, you know,
but that, you know, expiate as quickly as you can, because you will not get off the hook if you became poor. You will not get off the hook if that became poor. Now, what if someone
is it became binding on him when they were poor, they fasted and then they became rich.
they can still fast the fasting would count and they can still fast even if they became rich. But
what if they emancipate emancipation will always beat Anything else? Because that is the default. So what if that poor person emancipates would that work for them? Of course, yeah.
It is in this order.
Okay, so he says, Hello hotter you can feel a bit better man company a massive MLM easy to see.
Even company a massive MLM he has not offered atomicity No. miskeen and as I said, you know, it may be a little bit difficult in the in the Hanbury mazahub according to the HANA fees, you could feed two people certainly means 30 people two means 15 people four means each and the Hannah females have they do not require the feeding of 60 poor individuals, like the explicit statement of the Quran. They mean that feeding one person twice is like feeding two people once. That's the Hanafi position that may be easier for people particularly and, you know, in our times, yes.
He don't move on to the next. And when you move on to the next then you have to fast
You know, some people like to make people's lives hard. And then you know if
like, you look at the Prophet sallallahu sallam, you look at the Fatah of the prophets was that am I, I can basically can save two to three footer of the profits. How's that? I find to be a little hard. But certainly there is wisdom and explanation. If they are traceable to the profit, there is wisdom and explanation in them. But the rest of them are always making things easy for everybody. They're always fed out of tacey.
Homes, always, you know, the exceptions would be in my mind two to three.
If they are traceable to the profit, in fact, in the then there must be higher wisdom.
For example, that story of the woman who lost her hair, she was second and her mother wanted to extend her hair. And he said no.
There has to be a higher wisdom of this is traceable to the Prophet sallallahu sallam, there's got to be higher wisdom.
but in general, like if you look at Salah, Masako, for instance, when he came to the say, the Prophet sallallahu Sallam
and, you know, even 11 ommaya his wife said he's he's an old man.
But in the soccer when he came to the Prophet Solomon he had a similar fara because what are the different para that is exactly like this one. Which one is exactly like this one
intercourse in Ramadan according to the Sharpies and Hungary's and according to the Hanafi xigmatek ease any fast any breaking violation of Ramadan, even without intercourse
would be the father will be the explanation of a violation and is not limited to intercourse. But what is what else is the kuffaar
that is like this
mistake and murder, right.
MCKENNA moment after moment after moment after minute
with the atom siliconera de la de PUE and Canon coming out
with me now and caramel corn Vanek movie enemies after The Addams
Family emergency I'm sorry, but it doesn't talk about Tabata minima doesn't talk about the feeding. So the Met mistaken murder.
Anyway, so what we want to say here is that when the prophets when settlement Asakura came to the Prophet sallallahu Sallam and he said, I don't have a, I can't emancipate you know, he's a poor man, you can't emancipate. The Prophet told them fast. He said, You know, I am here because of fasting, you know, I'm in this trouble because of fasting.
And then the profits are suddenly immediately moved him to the next one. He felt that, you know, it may be beyond my capacity, I can't handle this. He didn't tell him Well, I see that you're just like a grown man. You're like, what's wrong with you, you're fine. But he felt that it is beyond his capacity. The man felt that is beyond his capacity. He said to the Prophet Solomon, this trouble because of fasting. So this would compound things for me complicate things for me and the Prophet immediately move them to feeding. And then he said, I don't have the like, really beautiful story. So he said to him, Well, I don't have anything to feed. And then the profits are seldom received the
dates. And he said, go feed will go take the dates and feed.
So he said, you know, feed people that are poorer than me, I don't know. Anyway, so the problem said, Go eat, eat.
And you can imagine how this man came in so much trouble and went home with food for him and his household.
it does not mean that we do not it does not mean that we are
thick, lightly the bounds of a last minute just means that the intent here
is basically to tear people from harm. The intent is not to make people's lives hard or difficult.
Same way with murder.
Oh, yes. You're talking about the meaner the tequila with a man. Yeah. So Raka is not Raka is not
qualified in sort of customer and sort of personality.
a believing slave. It says Robert a slave. Now in the Hanbury method, very freeing of slaves that is
based on a confira
Even if it is unqualified, it is made up all the time. It is a believing slave all the time. This is different from the Hannah female verb. But in the Hanbury Meza, they take the qualification of the absoluteness
that is in the dock.
Particularly with the mistaken murder
mistaken murder It's a long story but it is an assault story so in mistaken murder it says that aka Amina
good sensitive the same
type of fara, they qualified the
by this qualification,
conducts the Chava is as well Mustafa is do this as well the
what is the feeling? Yes, the feeling has to be believing people as well. So any any news or
that is for Takara
that would be believing people but Can someone randomly emancipate non believing slaves feed non believing people of course, but when it is an expiation, and expiation, that, for for for a mistake or when it is another
than the one that is would require that all the emancipation all the feeding would be believing, believing people.
Then the sheiks
who suffer to heartache authority, demography sorry Ramadan. its ruling and description are similar to the expiation for having intercourse during the day time of Ramadan. We already went over this
in what the public sphere as well as the metric of Sodom and Gomorrah, it is sinful to have intercourse before expiation, and he must still expiate, when the expiation mentioned above, with the expansion mentioned above.
There is no penalty for deferring the expiation there is sin, but no penalty. These are two different things. You know, he's sinful because he had intercourse before he expiated. But does that compound the penalty, sometimes it does in certain things, sometimes it doesn't like in the Hanbury method, if you have if you have not fasted, the
the mainstays of Ramadan until the next Ramadan came, does that compound does that make your expiation here or not expansion your makeup compounded Yes. Because you will not only fast but you will feed also because you made a mistake by not fasting within the year. But here is there a penalty for deferment? No, there is not penalty for deferment.
woman's are Amina marotti mirar and what have you captured like a photo to my head? Do they overlap these karate as they do? And
if someone makes the heart several times, and he does not make a does not expiate says here if one pronounces the heart against his wife multiple times without expiation, he is liable for the for one expansion, only one expansion, but if he exploited and then went back and made the heart is he liable for another course.
When Zara Manisha he became much more Hidaka farofa photo head on environment honeybee Kalimantan. Finally, finally, the photo to liquidity we're headed if he pronounces the heart against all of his wives in one statement, then he is required to expiate ones. If he pronounces the heart against his wives in separate statements. One expiation is required for each one of them. One expiation is required for each one of them.
So he says to his wives,
polyakova to me, you are, plural and Tina how to me like the back of my mother. How many
expansions one. He says that each one of them you are to me you are to me you are to me how many expansions
depending on how many ones
were involved I mean MIT, brahma vihara z and mobile handheld mermans lgl hydromat who lamea from Florida to California to me, he pronounces the heart against his slave woman or forbids her for himself or forbid something else that is permissible or if the wife pronounces they are against her husband or forbids him for herself. He does not become forbidden to expiation for all that is like the expiation for the unfulfilled oath.
What is the expansion for the unfulfilled dose
physical market to meet a man FACA ferrata, who, at hamasaki Misaki. Now sitting next to him una de como la to home.
Hello Raja family limited for CMOS Raja. So this is here 30 bantha. Here both are two combined. So Allah subhanaw taala says that, you know, the explanation of your oath is to feed 10 people, or to close them to give them clothes, or to emancipate a slave. If you do not find if you cannot afford this, then fasting three days. So people usually start by fasting three days fast and three days actually, if you can not, you know. So the primary Tafara for the mean is to feed 10 people give them clothes or emancipate How
does money work? No, it's feeling
Yes, if it can people who will give you can give it to people to feed on your behalf, you could go online and give it service to feed on your behalf.
Now, is this authorized the viewer nonvenomous have no it's not the authorized view. But there are a couple of things here that are not authorized. One is when a woman says to her husband you are to me like the back of whatever
that will not
prevent her husband from having sort of
intimacy with her. And she should not prevent him from having intimacy with her. But the in the authorized view and the embodiment of the require her to make the capybara just like the mad because the same it's the same degree of false hood
So, they require her to make the father just like the man, but they do not suspend the intimacy between them. But the it is just the you know the one thing that is consequential is that she will be required to make it now the other thing which has to hurt him to say and Tiana harm.
Okay. Now in the authorize the view in the Hanbury method in the authorized view, and this actually counts as the heart
he will have to make that that expiation antialias would count as they are in the authorized view of the Hammadi method according to the latter generations. Now, what he is saying here,
confer to conformity mean that he would expiate like a Ameen, not, that's not the author's view, the author's view is that he would expect like the heart because it is a form of VR.
Allah subhanaw taala says that the Prophet says items are tiny beyond 100. com
as well as law who voted for the lambda competitor malambo.com even hockey, so
when the profits or loss and Amit haram on him, the nanny who then
Allah subhanaw taala
blamed them for this and upper hand and said to him,
Why are you
making hard on for you whether what Allah had made Holland seeking the pleasure of your wives
because one wife became envious for you know and he wanted to appease her. So, he's
but seeking the pleasure of your wives will allow for Rahim
automatic mula had prescribed for you the expansion of your ear means, so, refer to the expansion of your means, that we just talked about. So, this is him says that when when you make something haram on your you to expiation for this is a priority, I mean, it is the expansion for a mean which is what we described feet and people clothes, give them clothes or fast three days if you cannot afford the above and certainly there is no emancipation nowadays.
Although there could be a lot of emancipation we all need to be emancipated.
the idea here is in the in the shaft,
the position of the shaft is seems to be very nice and very reasonable in this regard, they say they say
so, mpra Hara, he could intend what
the hum Valley is in the authorize the view sad, worried godless whatever it is, they are
they are regardless, the shafa is
if he intended one thing, it is that thing,
if he intended one thing, it is that thing Palak they are yummy, it will be what it what he intended, if he did not intend anything, that will be you mean
and that seems to be a good position. And now, we you know,
explained it in detail and much more.
here and that will not be far away, because the combat is have a disagreement within the method, you know, it is Amen. Kodama here says that it will count as me, it will be afforded to me, as not authorized the view, but in the Shafi position, this breakdown is good, whatever, in the Hanbury method, they say explicitly what even if he intended at a locker I mean, it will count as they are, but in the shafa is they will count on him against him based on his intention, and if there was no intention, then it won't be I mean, the easiest one is which one they mean right, because the expansion for the mean is just feeling or closing 10 people
and then we will stop here
because we are done with book of the art and then we will come back to go over the book of the iron.
it still has to be
for the third time.
He says these words while after saying the words.
Okay, so he divorced her three times and then he made the harm right after he divorced her three times. Would that count?
If he intended if he intended
that he is
forever going to be like the back of his mother. Because what if someone makes the art agonist
and nun wife does not count? Yes.
If he intended
That she will be if he intended if he intended, you know, highlight this that abundant forever
then it would count, how would it count whenever he marries her he cannot touch her before he expects
know what he is sinful to begin with, because they are is sinful to begin with?
Does he have to expiate? No
But then he can put himself in trouble because if he was rich to then and then became poor when he married her, then he would have to expect like a rich man. So he's better off
he has any plans anyway, whatever. But yes, you know, so, we are against a non wife town says the heart if he intended it to be
because any non wife is haram, you know, of course be so if he means by this you are now haraam with every every one is that's not another wife. But if he intends not the now haraam intends that forever around then that would count she would be forever home. So if he married her with you had said before that she is forever her arm, then go ahead and expiate.
Now because that person if she got married to another person and got divorced and remarried the first one, he will not be able to touch her before he experience
if it doesn't happen, he doesn't have to execute.
Justice engine you just airing the sin but he doesn't have to explain.
Shall we start the run?
What do you think?