#23 Fiqh of Family – Book of Li’ān
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Family
File Size: 49.85MB
Have you want
to proceed Caterpillar in the book of the iron ore mutual invocation of curses? You haven't put out a whole lotta light in the year 620 after hedger said in his book alone, which was a
manual according to the 100 emails,
under the book of the iron ore Kitab, Leon the book on mutual invocation of curses or public implication, he said, his
body the locket and hardrada Muslim above Xena nasima, who is hot in La Jolla. And when,
you know, if the man accuses his adult saying free, and
adult saying free and chaste woman,
Chase Muslim wife of adultery, and then does not go through the iron. He is subject to the heart punishment prescribed by divine revelation. So the idea of the iron or invocation of curses or the public application.
Why is that? What is that anyway?
First of all, I must say that the plan was prescribed for the people of the book before us. If you go to numbers 511 to 33, that's chapter five, verses 1133. In the book of Numbers,
you will find the process of the iron, according to the Old Testament.
And that there are a few differences between the process of the iron in the Old Testament and the process of dying in Islam, because Islam, the woman does not uncover her head. And Islam, the woman does not drink any water.
Like to curse her, she's lying. She just thinks the host just like the man, the man takes the hose.
Hand in the Islamic version of Leon, they go as far as somebody say, if a woman is
like a shy woman that is,
you know, shy, modest woman, they demand the judge to send her
like a committee. The prefer for people, for men to attend the iron. It's preferred, not obligatory, but it is preferred to have four people attend to every day. So four people would go to her home
to conduct the process of their hand in the privacy of her home, and she is like two mothers to do it in the court.
So it's a very dignified process, honestly speaking in Islam for the woman. But why is the process prescribed to begin with, for good reasons that a lot of no Amalia really summarized very effectively
and very convincingly. So he said to the Prophet when the prophet SAW Salah when he came and said, Rama, Marotta, who initially kipnis ACMA, when he came and accused his wife of adultery with Shri Krishna sama, the Prophet sallallahu Sallam said to him and Vienna had done it, you either produce proof, or you will be flogged
will be subject to the punishment of cause, which is an accusation chaste woman.
Zina or adultery
and then he lied to me and said to him, what what do you want a man to
to do when he finds, you know, his wife and the act with a foreign man. If he killed him, you will kill him. And if he comes and tells you, you will flog him, and if he stays silent, he will stay silent with rage, you know, sekolah highs, he will say he would have rage, you know for the rest of his life.
So what do you want the men to do? And then the prophets of Southern did not answer him, which really is, you know, these, these are occasions where the Prophet waited for the law
you know, are very,
they're they're very telling of the nature of his mission and the nature of the profits are solid.
Sometimes he would just wait like is, he's not gonna make it up.
So he would wait to receive the so far what he's going by is what he received before you know,
the dinner Mona's
would have been
about each other Marina job, shadows and habitat report. So those who accused are chased the woman fornication, Samantha to be about each other and then they do not produce for witnesses for God don't flog them at times, what like what is the one chapter habita and do not ever accept their testimony
upon and those are the
wicked or perverted or open the centers.
Anyway, so that's what the prophet says Adam has gone by so when he left Romania came and presented this to him. The Prophet sallahu wa sallam said to me, I don't have anything about this until the Quran was revealed
in Minnesota tea, welcome to Anna Lana to lie in Canada TV, weather on Hello.
Now, nominal cassabi when Minnesota and Nevada, Indiana, Minnesota tea mahalik, moto moto and Allaha the weapon hockey. So a lot of our data revealed those verses to say those who were husbands who are used wives for vacation,
then their testimony will be like for men will count like for men.
But he will have to testify four times to replace the four men have to testify four times and the fifth time he testifies the first time he testifies, he will test he will invoke the curse of Allah upon him if he is a liar.
what is happening here, you know, what is what are the consequences, there are four consequences that we will discuss here. One of them is
Scott had the right
staff and had to drop the punishment to you know, the punishment that he was going to be subjected to because of his accusation, and he is unable to produce for witnesses, this will drop it nafion what is number two, right? That he will be able to deny paternity of a child that is the fruit of this act of the zenner.
Number three would be free.
We will be separated. Number four according to the mood, not the HANA fees at the harryman mohabbat permanent prohibition, they would never come back to get together. Because from Omar and Adi and na bass and others
motherson and Motorola in any last time Eon The sun has proceeded that the two people involved in the iron will never be brought together.
So these are 1234 does any one of them. Does any one of them prove her guilt if she denies it?
Now, none of them proves in her gift. If she denies it, what happens is she will take five O's 12345
that he's lying. And if she does
take the five hosts that he's lying 1234 Will she be punished? Absolutely not. Will she be considered a zania? Absolutely not.
the only iron was just different leave the man of the burden of having to live with this. You know, first of all that would
like it, let's say that that arm was not prescribed.
The man will know that. What are his choices now? his choices his are limited, you know there is not a plan. So that would would make more men
More vengeful, they may decide, you know, some people can live with this.
And some people are just like too much for them to handle. So it is actually
it serves the purpose of protection of life, the end of the day. This the answer serves the purpose of protection of life. But also it it recognizes the special nature of the relationship between
if you go and accuse a chaste woman of fornication because you saw it, and two other people saw it, but you don't have a fourth one.
It's not, why don't you? Why don't you cover it up? What is what what business you have in this? You know, certainly four people saw it. And so for people who see an ad, that would be people who are completely reckless, they're trying to spread for heisha in the society, because they have four people see this, hidden, the punishment for fornication never happened during the time of the Prophet sallallahu sallam, on the basis of the data, or proof or the testimony of four people. It only happened during times of the prophets on silent on the basis of
acknowledgment or confession. This is extremely hard to establish the beginner.
But can you say this to the husband? like can you say to him, so What business do you have in this?
Sorry, you know, so that's why don was prescribed
So he says that if the medic uses his adult, same free, chaste Muslim wife of adultery, all of them are applicable, you drop any one of them, then the iron is not prescribed, because Leon is theory to relieve him from had right, according to the johore.
And to relieve him from imprisonment, according to the HANA fees, because hardware will never be applied against them, according to the HANA fees, they will imprison him until he makes that
hard does not apply to husbands.
They believe that the act of the hand maintenance
have had for the husband in particular, the gym or say no. So how do they be applied to him unless he makes the the hanafis would say had to be applied, hard will never be applied to him, but he will be present until he makes the eye. So for her
what is what is the aren't going to do is going to relieve her from what
he has from HUD.
But, but she will be imprisoned for some time until she makes the hand or the heart will be applied.
To make it when she makes a car.
Yes, she makes a car
because she either makes a car or the iron or will keep her
until she does one of the two. So if she makes a car had Leon goes home, none she stays with us.
Then the shift said so what if she is not Bolivia? What if she is young? No, there will be easier for him only which is discretionary punishment no had. So Can he make the iron? No.
So what is gonna happen to him, he would have a discretionary punishment, because the iron is not prescribed for this, Leon has prescribed only. So if he accuses
younger wife, that is not the did not reach puberty of fornication, then he will have tozzi discretionary punishment not had therefore nobody I because Leon was meant to relieve him from what had well there is no hat here. The same applies to his aides.
Same wife, the same applies to his
What about Muslim and non Muslim and here
if his wife is not Muslim, he will and he accused her for vacation he will be subject to what have delta z discretionary punishment. Therefore, nobody i.
yes, yes. So it was so what we will punish him for accusing her, but we will not give him the offer of the iron, because the iron was offered to him to relieve him from the hat.
when he was being punished for what he is being punished by tozzi discretionary punishment.
It's up to the judge.
But it is short of hunt.
Yeah, because, because the Muslim woman
is subject to much stricter laws. And it's so that is why you offer her in reciprocation,
more rights because she is subject to our much stricter laws, the non Muslim woman.
We're in Canada, Mia, how Amazon Salli
ala mula and voila, you are a photographer who are willing to throw a bow if she is a slave woman or is it me, then he is subject to discretionary punishment, because if he does not go through their hand, and she sues him,
yeah. And then for the AMA, the, the difference between them and the hora is that the hora is subject to stricter, heavier, severe laws and punishments. Therefore, she was given the rights against her husband who accuses her of fornication when we hired an akula be harder to hack him on a be a shadow,
in Illuminati pyramid to female
Xena, when she realized her fellow man, when I said before in the comments for tequila, Mujibur dounia
in Abba, illa anutin man, for yaku in Allah tala yada yada we're not on a delay in Ghana ministry has been busy, he would say with a long delay and not only men can either be female to be a marotti have II Minnesota, and that is to say in front of the ruler or his agent, I bear witness by a law that I am truthful in accusing my wife of adultery, while pointing at her. If she is not present, he mentions her full name before the fifth cause he should be stopped and told, Fear Allah for it is binding, meaning the torment of Allah will be biting and the torment of this life is easier than the tournament of the hereafter. If he insists on proceeding, then he says, may the curse of Allah be
upon me, if I am lying concerning the adultery I accused my wife of
before the fifth, it is recommended not require to have someone
close his mouth like this, to remind him. That's a physical reminder of the severity of you know of the gravity of the fifth testimony. You know, when they say to fear Allah, the punishment, it is binding, the punishment will be binding, and the torment of this life is like to be plugged in this life is easier than the torment of the hereafter to be thrown into the Hellfire to protect us.
But then you will also
put they put their hand on his mouth. That's that's what
you know, psychologically, it's just the you know to combine that verbal warning with the physical
but then they will remove their hand and let him talk afterwards. But, but then this is just a sort of make it even clear to him the gravity of the fifth testimony
and then he says whether another member Kodama said whether on Hello, Dr. Bhatia Devon villa in hula minute Kathy bein female Romani beam in a Xena sama to Cooper in the comments over to her with camera who will inhabit inland to them. When we're in Viva La De La Hoya in Canada, Minnesota been a female, many be xlg have Minnesota, but it averts the punishment from her if she bears witness four times with an oath by Allah that He her husband is lying concerning the adultery is accusing her of she will be stopped before the fifth time and discouraged from it just as the man is, if she insists on proceeding, she must invoke the Wrath of Allah on herself if he her accuser is telling the truth
about the accusation of adultery against her. And that is what he learned in Romania, you know, and the wife of a lot of Romania did, and the Prophet sallallahu Sallam
you know, center home and he separated between them. And
and, and, you know,
forever made them based on based on the reports
you know, on marriageable?
Well, you know, you'll find some scholars saying that the wrath is worse than the
than the the curse. To me, it looks like the curses worse than the wrath.
Because olana is
is usually use the end severe contexts.
So Atlanta is
great, more grave than or more severe than the rest.
So they will have those, you know, the
invocation of curses, and then some encoded hacking cut for October nakoma. Fatah Hamada is better. The judges should then say I separate you to making her forever I marriageable to him.
When cannabinol my wallets and tuffa anamosa on Canon hamlen Elmo, luden, melomakarona karabi was
avoided, I mean, who don't know Holly Accra De Lima, Robin O'Meara and Roger de la Mora who antifoaming whether they have
if they have a child and he and he denies paternity, then the child is not attributed to him, whether still in the womb already born, if he has not previously acknowledged his paternity, if he has not previously acknowledged
his paternity. This is because of economic regeneration that a man went through the iron against his wife and deny the paternity of her child. So the Messenger of Allah sallallahu Sallam separated them and attributed the child to his
Now that you know,
didn't even know these details are important, but anyway, just because I usually say the authorize the view of the mouth hub. The authorize view of the mouth hub is that and it is extremely concerned with controversy controversial and contentious controversy. If she is pregnant, you know,
the child will not be denied except if
He explicitly or implicitly, includes that and that they are so that they aren't could be just accused accuser of Xena, and get basically relieved from the habit of class for accusation. But it could also you could also include in there and it's not an automatic thing that the child will be denied, you will have to make that part of that explicitly or implicitly, basically by saying that, you know, and I have not touched her for this time and you know,
since I have avoided her and have not touched her, and then the child would be born during that time, period, and so on. So,
but it's not an automatic denial of paternity is not automatic, and they are separated, like they're not interdependent. That they iron is for two purposes, deny paternity and accuser of Xena without being subject to that punishment for cause. They are not interconnected. They could be separated, he could accuse her of Zina without denial of paternity.
He could deny paternity without accusing Arizona, by the way, if he says that, you know, this happened while you're asleep, or, you know, this happened because of what
dubious sort of intercourse
or under coercion or something of that nature.
And if someone will you say that it was good for us in general that the child would belong to the sort of the marital
bed, but the child would belong to the legitimate spouse I guess.
But if there is what is shoved her and he stays away, the child can be you know, if there is Zinner, the child will never be attributed to the Zani, based on
if she's married, if she is in a relationship based on based on everybody I guess.
But if there is what is the child they can be attributed to
have those water Shahada child they can be attributed to the water
like if she is married, and then he was far away for instance, and someone had intercourse with her for whatever Shobha.
She saw that it was him he thought it was her
as his wife, whatever happened to what is Oprah?
Then the child in this one, which is not Xena
is going to be attributed to the biological father, in fact, not the husband
If it is, if it is pregnant if she is pregnant, and he made enough of this in the authorized view of the humble method, and that's the contentious point I told you about. This will not count as nephew the nephew of the wallet has to come has to happen after the wallet is born controversial, could count according some somebodies not count. Continue combat is the other hand Betty's are saying that the fetus is not does not have any rulings.
Except a camera. So what was a there are no rulings for the fetus. He's not a person yet, except in Canada.
So what was he accepting wills and inheritance. So when you he will have to wait until he comes out and then he can do the denial of paternity when he comes out but that's also controversial and many Humphries said that he can do
the denial of the harm. So he says here woman wanted to foster a woman rather than brought me to a car karate. What are the new Kino kona hoomin. Who now Hakuna Sabu Rasulullah sallallahu Sallam for us. What did I
subsection of his wife or slave woman with whom he admits having had intercourse gives birth to a child who could possibly be his, then his paternity of the child is immediately established. This is because the Messenger of Allah Azza wa sallam said the child belongs to the bed, legitimate partner, and the adulterer gets
So, a woman in a legitimate relationship, that child will always be for the legitimate partner.
When I interview what I do, elaborate on what i what i did Emma Illa, without a bra here, the wives child can never be denied paternity except through the iron.
So someone wants to deny the paternity of his wife's child has to be through Leah has to be through the eye.
If the wife, if it is proven that it is her child,
like some women saw her give birth to a child, but if he comes and says, That's not my child, it's not her child, she, she stole the child, she, she borrowed the child,
she adopted the child, it is not my child, then that's a different story. But if it is proven that it is his wife's child, then he cannot deny the paternity of that child, unless he goes through Leah.
Now, where is DNA and all of this,
Hamza said that
it is having the you know, and I have like, somewhat sort of
aggressive position in this particular regard.
Because it's a very minority position, but it will, I think, gain more popularity, and eventually, inshallah, it will be mainstreamed. But so far, I don't consider it mainstream yet.
But I'm just that we will have the court, the court, if someone comes and denies paternity, we will have the court require a DNA test.
But that DNA test will not
be sufficient to deny him the right to
deny him the right when the DNA test can come back showing, showing that the child is not his.
Right, that supports his claim. So in this case, I'm just as well, if the DNA test shows that the child is not his who then he can go ahead and proceed to do what they are. Because the DNA test is not sufficient at all, to deny the paternity without the iron, you will have to go through there. But whatever the DNA test came back showing that the child has his
I'm just sad that this should deter him from but we'll leave it up to him. I'm just that would leave it up to him, he can still go through the hard to deny paternity. I don't believe that.
You know, if the DNA test shows that the child has his
the court can consider this and I base this on hannity position, that when a particular
particular claims become common in this society and prevalence,
people become litigation becomes common and people are coming to the court. For nonsense. The court has the right.
to refuse somehow container and somehow to refuse, even hearing.
Taking the case.
The court has the right to refuse taking the case. If they became frivolous, I believe that they have DNA, particularly if you have
three labs, randomized like blinded from each other's results and
corroborating that, here the results of each other and proving that this child is his. I believe that this is a frivolous claim that should not be entertained by the court. If he desires to make an ad for Xena Go ahead. But that chocolate is yours
denial of fraternity cannot happen without
is a different discussion
in what is shown, he can make Leon or she can admit
that there was What a shock, but what if she did not admit that it was what?
Like if she admitted that it was worth a shot and the child was born within a timeframe that the child cannot be from the husband, hands, they both admitted,
there is no disputation here, if there is no disputation, then he will not need an arm.
But if she denied
if he denied, then he will need to make that
if they agreed that there was what is shoba and they agree that the child was born in a timeframe where the child cannot be from this husband has to be from the water a bishop, the dubious intercourse.
There is no need to make
if she denied there will be a need to MCI
to deny the paternity
to the nocturnal t Yes.
When I'm jaquan kona woman who went lahmacun
Calvin a woman who
were in lamium Kimberly
should be immune can count a woman when I'm young can count a woman whom incidentally the Anatolia condiment sits at ashfur Monza he has two wholly accoglienza Alec monzo m cannot female Mama, how can a xojo min mela today Miss Lee can do and actually Sydney, I will say I will match boob lamea Haku It is not possible that the if it is not possible that the child has his such as when his slave woman gives birth less than six months from the time he had intercourse with her or his wife gives birth in less than that period. From the time it was possible for them to be together. So less than six months from the time it was possible for them to be together. What are you reading here? Not
from the time when it was established for them to be together? There is a difference here between the booted Kailua and in Canada,
the only require for this child to be his the possibility that they weren't together. When is it not possible that they were together?
If it like it must be like the way she was when the marriage happened. He was in Morocco and she was in Egypt, for instance.
It's not possible if we are we have if we confirm this, it's not possible. But if they were both in Cairo,
but we don't have proof of karma.
Karma is not established here. So in order for her to deserve bergama what do we need possibility of being together? Or the establishment of hardware, seclusion, establishment of hardware, but in order for the child to be his? Do we need the establishment of credit or possibility of the possibility being together?
Just the possibility. Why because a spam is what a sham withhold is that in essence, Islam is eager to, you know, confirm the lineage for every child. You know, we want every child to have a lineage and to have a family.
So since it was possible for them to be together, we don't know it's like you guys could have come together and no one I've seen you and
was not established, whatever.
So that is what they're saying here. So if he is born
in less than six months from the possibility of being together
He cannot possibly be a father such as one who is younger than 10 years who is castrated or who has undergone connect to me, then the child would not be attributed to him.
So when can when is it impossible? Like in the high, you know? So
the first one six months, six months is the agreement, six months is the agreement of the shortest duration of pregnancy, shortest duration of
Should it cause you a crisis of faith that this consensus is not actually true that their shortest duration of pregnancy is not six months? If it will cause you a crisis phase, we'll finish the alcohol. Okay.
No one should actually say
no children call it a crisis of faith. Okay, why it shouldn't cause you a crisis of faith, there is like something that's very important that I may take a little bit of time because it is extremely important.
When there is a conflict between science and Islam,
you will be able to basically import the same discourse about the conflict between reason and Islam.
When a conflict is imagined to be when there is a an imagined conflict between Islam and reason, the scholars tried to work this out. It was popular at one time between the time of humans kasady and raazi.
That if there is a conflict between the scriptures and reason, we will favor reason over the scriptures.
And the argument they made is what the argument of resume the formula was suggested by casati. First, the one who developed it into a theory like a full blown theory, who was a Razzie. So the the argument was made. It's a very valid argument, a very strong argument.
The argument here is what
if our belief in the scriptures is grounded in reason? And then we deny reason were the nine both?
Because how did you believe in the Scriptures, reason guided you to believing in the scriptures? If you favor the, the the result,
which is the you know, faith in the Scriptures, over the premise the conclusion over the premise, you demolish the conclusion and the premise
because one is built on the other.
So what are what did they memorize, he said, he said, that we will always be that we will just have to make the will of the Scriptures reinterpret the scripture to mean whatever is agreeable with reason.
then came in Tamia, and he suggested an alternative. He wrote a big book called Wroclaw not refutation of conflicts between revelation and reason. And he suggested an alternative.
colloquially, when they talked about this, they call the Mirage equal to canonically, the universal law, universal law, because it is like an important comprehensive law. He said, We either refuse, we either deny descriptions and reason. And that would be exclusion, that would be the
excluded middle, you know, that would be against the law of excluded middle. So, if there are only two alternatives, you can deny both you have to accept one
or we have to accept both, and that would be against the law of non contradiction.
Or we rejected the Scripture, we reject the apparent meanings of the Scriptures and accept reason or we reject reason and accept the apparent meaning of the Scripture. So he suggested that we accept the parent we accept reason and reinterpret in the scriptures.
so a mountain man suggests
An alternative modified universal law, he said that there is never an Hinson, then, of for instance of there is never an instance of conflict between the conclusive
proofs of the Scriptures and the conclusive proofs of reason. He said that reason is not one undifferentiated category of conclusive evidence is, he said that the scriptures also are not one undifferentiated category of conclusive evidence says, He said that there is definitive
and there is scriptures
So, if it is let us say
I'm having a conflict between this
What do I do?
favor the definitive
I have a conflict between this
and this, what do I do
definitive reason I have a very definitive reason
I have a conflict between this and this I will have to see which one is more probative stronger?
No, it depends you know it
has to be studied, you have to figure out the probative evidence, the stronger evidence
conflict between this and this. He said it never exists. He said it cannot exist definitive from the scripture versus development.
The idea here is that you could say that the memorize he did not mean
he meant to this he meant to definitive versus definitive, he does not mean definitive or speculative. But what they may have said this never happens, definitive does not contradict definitive at all.
So, but what did they agree on?
They did not agree that as Muslims, we do not dismiss definitive evidence
regardless of the origin of the definitive evidence, is that what they agreed on? So, that is why I usually say that this agreement helped basically define orthodoxy even more than agreement. Why? Because you find great imams having, you know, that are the number of microbiome, they may I was written in 10 volumes. So it's it's not like he was sitting, you know, sharing the like, on an afternoon, have a sipping tea. And then, you know, he wrote like, he wrote him a letter and stuff. And no, he wrote 10 volumes to explain this, you know, just
the idea here is what the idea here is, how is that even more conducive to defining the borders of Orthodoxy? Because despite their
what they agreed on, we have to cherish that. These are things that they agreed on, despite the fact that they disagreed so much, they agreed on certain things. What they agreed on is, you never dismiss definitive.
You never dismiss definitive now,
since they agree that you never dismiss definitive, you should not be like to hardy to listen to objections raised by people from the science community. And
think about them fairly and calmly, without the zealotry of you know, the unreasonable
sort of people of face to face can be very dogmatic
In a very unreasonable
way, figure out what they're saying, you know, and study the matter. The fair if it is not your specialty, refer to someone who is specialized.
Don't take it on yourself to answer all questions in the world where you have extreme limitations in pretty much everything.
So now, someone says this consensus that has been reported by your scholars generation after generation, that the shortest duration of pregnancy is false, you know, shortest duration of pregnancy, because six months is how many days?
176 because you could have in six months, you could have four months that are 29. Okay, so six months is at least 176 days.
Now, what is the shortest duration of pregnancy on record?
Not four months, though. I'll be too much.
Now, but from gestational age, it is
21 day is 21 weeks and five days, 21 weeks and five days. 21 weeks is how many?
One for the
147 and five
That's the gestational age that is the child that was born in Miami children's.
Yeah, baby, a premature baby born with Miami children's. So 152 is this from conception? No, it's not from conception to the gestational age, how do they calculate the distinction of age from the last period that the woman had.
So you have two weeks extra here, that's 14 days. So minus 14
equals how many
138. So the shortest duration of pregnancy on record is 138. Not 176. If you say this is not true, Miami children who are very savvy, you know that this happened and stuff. But, but there are times you know, they are seen all the time by new technologies, they are seen on ultrasound, they are seen all the time by you know, to ologists it is confirmed that even if it is not 138, even if it is not 138 ornithologists in the world would be able to testify to you that at 24 weeks, the child is very viable at 24 weeks. So 24 weeks had 14th
That is 451 154. Still pretty far from 176.
So now now, what do we do?
We We We We
Okay, no one no crisis of faith. Why? Because our faith is based, is founded in just here mungus level of certainty, like unbelievable level of certainty. The fact that this creation has a maker, and it is purposeful and it has an purposeful maker is the he just UK, it is just beyond. Like in order for you to be an atheist, you have to make a huge leap of faith. Actually, someone wrote a book called it. I don't have enough faith to be an atheist.
Check it out. It's a Google I don't have enough faith to be an atheist. Because to be an atheist, you have to make a huge leap of faith to believe that this was actually made of chance, like out of nowhere came into existence. That's a huge leap of faith. Have them face
that that is unbelievable. So
So that that that is, and then we believe in this purposeful
Lord. And we believe that the Islamic description of this Lord who should have not abandoned us, is the best description. And it is corroborated by the proofs of the prophethood of the Prophet saws that tip an article by Sheikh Mohammed in Maui that I always advise people to read, not article, you know, several series of papers, I guess,
and actually urged him to finish it to finish the book and publish it. So,
so all of this would make you now not, you know,
sort of quiver, shiver,
shape, shake convulse at all, when you hear, like something like this, you'll take it easy, will say, Okay, well, let's figure this out. If I can figure it out, that's fine. If I can figure it out, I have enough certainty, to say that, you know, something must be beyond my ability to figure out but I've but the most important thing is I will not really be shaken. I will not also defy people because if you say to the authorities, I don't care. You're You're all wrong, you will actually cause them a crisis of faith like a Muslim Muslim neonatologist, Muslim pediatricians, Muslim, obstetricians, Muslim, preparing all of this, that people will actually do this every day, you know,
you would cause them a crisis of faith.
Then, but you take it and you try to dissect it and figure out what is happening here. And you will find that
this is now this consensus, that has been reported generation after generation, sometimes the wording of it is is difficult to reinterpret sometimes they say manually then doing a ferocity security actual wise man, what are they doing it said that the Hungarians often do the setup
wise and he lived. So, whoever was born with for less than within less than six months and he lived. So they are recognizing that he can actually come out alive, but he will not live
you will not continue to live.
Because yes, during their times we did not have the means to keep them alive.
But now we do. Okay, so now having said that, where did they get where did they get the six months to begin with from the profit ever say that a lie ever say no, absolutely not. This was a subtle
that era of Napa basmati like the more more and more such story is audio the Allahu made from two verses habitability Sato, Sarasota, shahara, Officer goofy army. So how many of you saw his pregnancy and
weaning is 30 months. And then his waiting is over two years, 30 months minus two years and six months, you know, sort of this duration of pregnancy is six months, is that really enough to make this an ontological fact that no one can be born. This is this is good enough for practical purposes. This is genius. Beautiful, nice, for practical purposes, but not to establish an ontological reality in the extra mental world there that no one can be born
alive before six months. That's why so if you had a thought he said, could be six months before
minus one or two days or something like that, because it is not 3d. Like this is not something that the last minute Allah said clearly explicitly in any way or the Prophet sallallahu sallam.
But then for practical purposes, it was fine. And was actually fine. Because yes, during their times, they would not live. But now we have, you know, the medical technology that we can support them to live, you know, and then we can even go down all the way I believe that we can go down all the way up to 138 days, but 120
because of that, if we believe and that's another discussion that I'm not going to get into
Because I you know, but if we believe that the soul gets breathed into the fetus at 120 days, then why not come out alive and then with medical support, we could keep the,
you know, the soul has been breathed in to the fetus, this is a living creature now, if he came out, you know, and died, it is our incapacity. It is not that, you know, the baby was not a living creature, living creature, the Prophet told us, you know, at least that this is another consensus that 120 days would be
the time of installment or the breathing of the soul. So, having said that, we have no reason at all to have any crisis here. But what would we what would we do, we should stop, you know, repeating this in our books. At least we should and that's what we were able to add every time we mentioned this in our family code, review it you will find, you know, between brackets until the expert the the the premature birth the you know, testify to the premature birth of the child. So, it is simple, very simple and should not cause anyone any problem.
Okay, in the handle emails have, by the way,
sometimes they vary.
But they say if he is castrated, that we will stay in the authorized view, he's setting you here castrated or after connect to me, castrated Jose or after connect to me, that is much boo.
Either or he says here and I'm the either or in the humble him as he said the authorize the view, he has to be boasts to deny paternity. When it is one of the two now we will still you know, attribute the child to him, he doesn't have testicles will still attribute the child to him. Because he has, you know, the made Oregon Well, he doesn't have to mean Oregon. Okay, but he has testicles with trevita charter as they authorize the view, but they're trying to do here is they are not the physicians, they are not scientists, they are juries, they want to say that we want to err on the side of caution and you know,
give a lineage to every child. So in order for him to be able to deny on the basis of
sort of objective reality, not Leon or anything of that nature to deny on the basis of Empire, you know, ontological impossibility he has to be both to that I or less than 10 years or it is impossible for them to have come together. The last two paragraphs he says first of all what he
had in Michigan and what he has said he can hematoma feet or in my head. That'd be one of them. I would die
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What am I gonna have them gentlemen for this album just to finish everything. So subsection if two men mistakenly have intercourse with one woman in the same period of purity between two ministrations or if two corners of asleep or men have intercourse with the with their state woman during the same period of purity, and she then gives birth to a child or if two men seek the attribution of the same child whose lineage is unknown. The child will be shown to the physiologists along with them or their relatives, and will then be attributed to whomever the physio economists attribute him or her to every attribute the child to both men, he or she will be attributed to both
if the attribution becomes difficult to the physiognomies disagree or disagree or there are no physiognomies the child
We'll be left to choose who to belong to, once he or she reaches puberty, the opinion of the physiologist will not be accepted unless he is trustworthy and has been tried and proven to be skillful. Okay? Does this happen in reality? Yes. Did it need them to address it? Yes. So one woman within the same period of purity, had intercourse with two men, who is the father. You know, he was hyper acid Harmer during the time before in the time of Jeddah to use to choose anyone arbitrarily the Father. But then.
So in Islam, this can happen to a woman by having, you know, whatever that weird, you know, like rare, weird scenario of getting married to two people dubious marriage, and being married to them,
because of a Sherpa.
And then having intercourse with for some reason.
You know, whenever Leah married her to someone, and the other one, they married him or her to his brother.
You know, for some reason, she did not sort now, whatever, there could be way. But if this happened, if this happen,
then, or two people claim the paternity of one child, two men claim the paternity of one child, then the child will be who's Okay, the Hanafi said, if we don't have proof, the child will be there's both
the American sapphires and ham bellies. They accept physiognomy has a an investigative science that studies the facial or the physical characteristics of people to ascribe to them ancestry or reality. So they
acknowledge that this is actually a valid science, and at least it is better than
tossing the coin.
And we want to have one parent for the child as much as we can. We should try to have one parent for the child. And they say that the prophet SAW Saddam was happy when the physiognomies attributed Samurai design or said that, you know, Selma is the
it he was not like disputed but they just said that these feet, the feet of this baby are like the feet of this man.
But then the Prophet sallallahu Sallam himself
said about the the when he learned to make certain that the nakedness is the father of his wife's child. The prophet SAW Selim said, Absolutely be a cat or a dog in a favela Chi Sabha data for what a Shadow Cabinet Sakuma Look at him, if he brings forth a child that has darker eyes,
wide hips and full size then the child belongs to Sherry kipnis ohana.
So the provinces honor and recognize
You know, so, in according to the jamawar when there is disputation over the paternity of a child, the child will be shown to the physio economists and the parents and the physio economists will say belongs here belongs there. This is speculative science, right?
What about DNA?
It is 250,000 times more definitive.
So what we say at least is that DNA wear will apply to the entire scope of the FDA. But certainly, that's what I believe wholeheartedly, it should apply way beyond the scope of PMF the name should be a lot more powerful than this. So, in this, if there is no physiognomies there is no DNA testing and they dispute over the paternity of the child and there is no way for us to figure out then they will say whatever the Hanafi said to begin with. He will be theirs.
Until when, until puberty is then what the child gets to choose.
The child gets to choose.
after puberty, the child will choose a parent. But until puberty, the they are the parents
hands, they are required to do what take care of the child spend on the child, the main, yes, half and half, because they both claim the child. So if you both claimed, claim them, your boy or her, you're responsible, and then the child reaches puberty and then the child gets to choose. The last thing that inevitable that I mentioned is that the PFA is not going to be accepted from any you know, good old person claiming to be a client for to be
a physiologist. PFR would have to be accepted from that someone who has been tried and proven skillful. And this is the basis of licensing for everything. And Muslims have licensing for medicine before anyone else, you know, in Baghdad.
They used to issue licenses for doctors, but like I said, DNA testing will replace the efa and will apply to a much wider scope. That brings us to the end. And
we'll take questions now.