FQJ01 Fiqh of Jihad – The Book of Jihad

Hatem al-Haj


Channel: Hatem al-Haj


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The speakers discuss the importance of history and the need for a complete theory of war, emphasizing the need for a complete understanding of language and text systems. They stress the importance of protecting the community and finding the best person to lead them, as well as the need for diverse opinion and leadership. The speakers also touch on the use of language systems and the negative consequences of giving permission to enter the abode of war. They emphasize the importance of guarding the past and protecting soldiers from evil culture, as well as giving people time to adjust and adjust their behavior.

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Hello, so

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I'm about to proceed.

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Today inshallah, we will go over to

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the book on Jihad

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from combat by the man

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who died in the year six 120 after the hedge

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as we always do, we try to go over the tradition and we we do this with complete transparency to relay that tradition and to examine that tradition as it is

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not as

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we are, some people may like to see it.

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And then we talk about our sentences or fitting that tradition into our contemporary circumstances or discussing contemporary discourse. Afterwards, we have done this

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and the two previous chapters

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where we talked about the ruling of the insurgent rebels and Baja.

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And after discussing the tradition, we talked about

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our thoughts about the contemporary discourse

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on Islams

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political philosophy and government and rebellion in Islam. And then we talked about

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covenant mahtab or the ruling of the apostate

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and also we talked about some of the contemporary discourse

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in this particular chapter, I think we should start by an introduction

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this introduction is not basically to basically hijack your perception of rehab or to fit it in a mold,

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but rather to

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have a better understanding of the tradition. So, the introduction will be brief and then we will proceed inshallah,

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to discussing the book of jihad has

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related by ethnic American

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and of course, not on the focus on Betty book, but we do go over sort of the the positions of the different

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whenever that is warranted. So, you know, I would be risking a little bit of repetition, if I tell you that Jihad does not mean holy war.

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But sometimes risking repetition is better than just skipping over important

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concepts. And it is not, it does not mean holy war includes war.

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And that's the whole thing it does include the war slot is not a pacifist religion.

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And war.

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Sometimes, when people want you

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to become pacifist, the sort of the playing with terminology is the way

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you could win an intellectual argument before you even started the dialogue, to play with terminology, for instance,

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Muslims are always asked to announce violence. Do you denounce violence or not?

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Okay, you will have some extremists here, but

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that's okay.

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the idea here is, what do you mean by violence? I think that's the proper response. What do you mean by violent violence?

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Does the Pentagon violence

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you know?

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I'm not sure if they do.

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So we have to ask that question. First. It is a you know, because, like to basically play with terminology when wars is intellectual.

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This artist to win sort of intellectual wars is intellectually dishonest. So the above but let us talk about Jihad Jihad comes from Jonathan Jonathan means struggle, effort,

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effort. So they have means struggle. That's the best translation there is not a better translation for Jihad than struggle. It is your struggle against the evil forces in the universe and within yourself. It is the struggle against the evil forces in the universe and within yourself. And that is completely expected.

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People who are not in a coma, they must realize that there are good and evil forces in this universe, there is good and there is evil in this universe. And if there is good and there is evil in this universe, any good person would be expected to resist that which is evil. And how do you resist that which is evil?

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Here is a certain way that it's good. So Jihad basically is comes from effort, it's about struggle, it's about your struggle against the evil forces, in the universe, and primarily, primarily,

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within yourself, because that's where you start. That is where you start. So that is why they have enough is the greatest form of jihad, of course it is.

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You don't have to talk about you know, the authenticity of

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this or that it is not, it is a given that this is where you start, you start,

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you know, with a struggle against yourself,

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basically, to subdue all the evil tendencies within yourself, and then you move out in circles. But if that is what you have means it means struggle. Does it include armed struggle against evil? Yes, it does include armed struggle against evil, that's just part of it.

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It's not all of it, but it is part of it. This evil does not necessarily even need to be non Muslim. Haven't we just talked two weeks ago about Bobby Orr fighting against the insurgent rebels. And we said that if you fight with alongside the rightful him, against them, and you are killed, you are a martyr. It's,

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it is sad. So

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clearly means a struggle. It is a struggle against the evil forces in the universe, starting within yourself, and it does include war.

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But we don't even call it war holy, necessarily. mean there is no holy war.

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But it is just worth it includes harm. That's, that's part of it.

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When, whenever that is warranted, whenever that is indicated. So a few issues that I wanted to talk about.

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Like I said, last time to see you do need to be proud of your tradition and the Do not you have to understand

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your tradition well, so that you don't lose respect for our moms and you need to be proud of.

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Certainly, we are most proud of the revelation, that's the word of God that is basically God's religion, God's message, find the final testament to the final communication with humanity and, and that is to us as more than fallible. But then we have the tradition. And then we have the history as we spoke about the distinction between the three last time the scriptures are not necessarily scriptures are translated, interpreted by the tradition.

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But the tradition itself is not uniform. It's not a homogenous, there are disagreements within the tradition, which tells you that the interpretation is does not necessarily mean

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a precise depiction all the time. But largely, the tradition is dependent on the scriptures. The history is different sort of.

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It's a different layer.

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It is basically interpretation of the tradition and action,

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by the masses, by the people, by rulers, the rulers and the ruled and so on. The people who, you know, abide by

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The rules, no, they don't Therefore,

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our pride does not have to be distributed equally here. And that's why you become like a fanatic or you become

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a fetus. If you are not having that sort of distinction in your mind, then you are distributing your sort of commitment, your allegiance, your loyalty to these three discriminately not indiscriminately. So, you have to figure out you know, okay, this is piano, the Quran and the Sunnah, the clear meanings of the Quran. So, now, this is the interpretation by our scholars, this is the application by the Masters, you know, by people throughout the generations.

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This could be at times different and

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many times the fact of jihad was also many times the flick of jihad

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was also influenced by the context, the historical context, which does not mean that we are not influenced by our historical context. But that also is fine, because the circumstantial variables can have some effect on our perspective, not only on our actions, but also on our perspective. So the development of the province the head itself took time over many years, what we have in the Quran and the Sunnah does not automatically translate into categorical rulings, as you'll find in the books if you have certain sort of

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commandments in the Quran and the sun.

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sometimes need to be contextualized. Like for instance, the Melvin Tamia talks about the verses that suggest that open ended war with unbelievers. And he says that these must be contextualized contextualized by the history of the Prophet sallallahu sallam, and by other Hadith of the Prophet sallallahu sallam, by treaties, the Prophet sallallahu Sallam

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signed and ratified.

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So, all of this, you know, all of these verses must be contextualized

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by certain commands of the Prophet, as we may have said before, kamatera cocomo model, how come the Turks alone, as long as they leave you alone, and

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leave the ABA settings alone, it's comfortable with the meaning of words.

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So leave, leave the abyssinians alone, as long as they leave you alone?

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Well, these, you know, so leave them alone, you know, it does not mean that we will have a

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miracle far, or everybody fight those disbelievers who are closest in proximity to you does not necessarily mean all of them. So we fought against the Romans or Persians. And we were told to leave that accidently everything ends. And in reality, we have not initiated a fight against the clerics.

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And most certainly not against the Syrians.

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And the many other

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people who don't wish for to confront your enemy, but if you do confront your enemy, then be steadfast, be patient and steadfast, and so on.

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we have we must understand that

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power, our tradition, even our tradition, not only the scriptures, even our tradition is largely beautiful. And if there are deviations here and there, like we talked about in fighting the insurgent rebels, and so on. But the larger picture is a beautiful picture. And in order for you to do this, you don't have to make some comparisons, you will have to make some comparisons. And if you look at medieval Europe, for instance, and if you look at the religious wars and made the medieval Europe and if you look at the fact that, you know, in the last 1000 years,

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the vast majority of human casualties, because of war due to war, and the last 1000 years actually happened in the last 100.

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We're talking about like the price tag of World War One and World War Two, we're talking about close to 100 million for the two. So it just happened in the last 100 and if

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We talk about the human casualties in the last 100 years. I will not say Christianity because we should not be like islamophobes and say Christianity

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was responsible for them. No Christianity was not responsible for them. But

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civilizations that are Christian

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you know, were responsible for maybe like 80% of casualties

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or more in the last 100 years, in the last 100 years, how, you know, how much of that was Muslim, the Muslim civilization or were Muslim civilizations responsible for very low almost, you know, insignificant like he talked about 2% maybe.

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that has to be understood and that has to be remembered why we talk about this.

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Because even when we talk about the history,

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we said scriptures, religion and history, were most committed to the scriptures were least committed to defending the history. We don't necessarily have to defend, you know, suffer horror months or or any one of the any galas because they were just Muslim Kaleb's. They may have committed atrocities against their own people. And if they committed atrocities against their own people, they may have committed atrocities against others as well.

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And we're not necessarily going to be dragged into defending them. Like we defend that the scriptures.

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Like we defend that tradition, let alone the scriptures. We defend the scriptures all the way to the end, that's 100%.

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So that's one thing that we want it to

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be proud but but be reasonable and fair, proud and fair.

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The second thing I wanted to talk about is this like customization of all things

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we like to make the car companies and as we said before, is a Corolla PacMan are rebelling against the unjust ruler, allowable or not, what's the answer?

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The question is wrong. You know, you can reduce

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like the answer to a complicated question like this into a yes or no or right or wrong.

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Because that is like a severely reductionist attitude, severely reductionist attitude.

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We have to talk about Islams theory of just war, slams theory of just war. And then we have to describe the slam theory of just war. Like we said before Islams theory, political theory, slam theory about governance and rebellion, and the transition of power and so on. There has to be a complete theory has skeleton and flesh and so on.

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So that the economy of offensive and defensive jihad. So is war in Islam, offensive or defensive?

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Wow, that's, that's the wrong question. You know, and we're not going to answer this like this.

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Because if you want to say, you know, war in Islam was only defensive. And and some people also, like, I heard people say that, they may have said that word Islam is only defensive, I do believe that, you know, the, the book that was written by him was actually the This was published recently is actually is I completely have complete confidence that it is his but what he was trying to say in that book is that we don't fight that golfer because of the,

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you know, the photo by the photographer, modernity him that particular book or principle or about fighting the disbelievers and

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basically, having peace treaties with that particular book is is, of course,

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but he was not actually saying that the war in Islam is only defensive. He was saying that we don't fight against people for the mere cause of their disbelief. It is their aggression, not this their disbelief that makes us fight against them. But that is not necessarily translating.

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to war in Islam is defensive.

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you know, we're American, right? We live in America, we are American. How often did America? Was America involved in a defensive war in the last 100 years? They were mostly offensive. And they you know, and I don't think that America will ever say that these were unjust wars. They will say that these were just these were justified.

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And they would say that they were justified because America has to protect its interests. And America is protecting its interests against what against foul play, and foul players are wrong, you know, wrongful

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moves by its enemies, wherever those enemies are, or to basically stabilize

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the world.

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Whether it's in Latin America, whether it's an Africa, whether it's Asia, like to bring about stability to the world, and to bring about progress and democracy and human rights, and so on and so forth. So

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why do we have to say that war, Islam was only defensive.

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But at the same time, you should not say that word Islam was offensive, that word itself is offensive.

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You know, so, war in Islam, basically is just, there is a just war theory in Islam, and it is the protect the interests that Islam wants to protect.

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And as we said, when I talk about doing a lot of modeling can never be abrogated, and don't transgress for a lot. It's not like the transgressors can never be abrogated, how can I start to like the transgressors. But what is what I do, what I do means that you don't initiate war,

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for the wrong purpose, we're out of aggression. So you initiate war, because you want to defend yourself because you want also to defend the weakened the oppressed

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and protect the interests of your state against wrongdoers. So we're medical disability, like I'm stopping and

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why don't you fight for the cause of Allah and the cause of the oppressed among the women and what happens when women and children who cry out to the river though, our Lord send this from you, someone who would give us victory and send us from you someone who would give us support.

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So that's a concept so Muslims also would fight and by sacrifice their lives for the oppressed.

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Now, having said that, war theater Oh, the the folk of jihad in, in our traditional classical sources, presumed

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aware of that is different from our world, is it consequential, presumed it presumed that was part of it.

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So it is not a presuppositionalist interpretation of the Scriptures. It presumed the world that came before the nation state.

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And a word that came before the nation state and if we had a PowerPoint presentation here, it would have been nice, because we've been able to show

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the borders just in Europe, there are infographics, you know, online that you can find easily, basically, to show you the

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the change of borders in Europe over the last 1000 years. There were no fixed borders whatsoever. And that change in the in the map is startling, startling, you know, empires shrink and expand and shrink and expand and changes the picture, you know, the image

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changes like quite quite quite rapidly. So, it is it is affected I presume the word that was before the nation state and that is a factor that produces presumed a world in which in Roma is Tosa

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which means that if you don't conquer the room, if you don't conquer Rome, Rome conquer zoo. If you do not conquer Rome, Rome konkursu that is presumed that that is a given. So certainly Africa deals with the state and interprets the scriptures within these

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circumstantial variables may look different from a factor that is dealing with the condition of our work today, where we have

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pre fixed borders and nation states and, and so on, and people mainly

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and most of the world, you know,

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ruling themselves. So, this is an this is completely, this is very important that you keep this in mind, there is another issue here

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that we have to understand that in the world, that our enums

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live, then our classical imams live, then it is also a world that is pre modern, which means what it means that the cost

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of war was completely different, the cost of war was completely different, does this make a difference, it would make a difference.

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You know, so if you say, for instance, that

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current some and some of our books, for instance, the man needs to go out to war to go to the battlefield, once a year, at least, well, in a world like this, that is even that's undoable and attainable, particularly if you're fighting against nuclear nations. So, if you go out to war once a year, you just like end up

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you vanish.

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So, it is, it is something that has to be taken in consideration.

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And that is why in our sentences and our sentences,

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sentences is important

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sentences as important

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here, the scriptures the tradition, the history, and this is our reality that we live in. And our

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email mams would have to do the censuses. And sort of the most the wet ground that the knowledge the the most versed in knowledge, and most committed to the they would have to do the sentences that that suits the realities that we live in and takes in consideration all the circumstantial

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variables now in the reality is essential for people to do want

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to have

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much as basically to realize to realize the effective causes of the rulings

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and changing circumstances. So you have the text, and everybody can quote the text,

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you just need to be a good memorizer.

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And then you have the mana thoughts. And that is when you need to be happy

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to have this collective understanding comprehensive understanding of the text then to discover the monopod. And you need to be even a greater puppy, that is a puppy who is also aware of contemporary reality, to apply the monitor

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and the particular realities. So anyone who has a good memory, you can code the text that takes a fee to understand the monitor. And it takes comprehensive knowledge also, because you can code the text and ignore other texts, ignore circumstances, reasons of revelation for instance, things of that nature. Thanks for watching realize them takes a greater fee who has awareness of their reality to do the application and to realize those in the particular realities.

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Not a higher level of abstraction but lower level of particulars.

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Having said all that,

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that's $3 Hamas keytab Jihad

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and see what he says here in light of what we

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So now I want to align his book on the Kitab jihad, which is the last bit you know, not necessarily the last depends on you if you divide the cover that into one or two books, but this is the last big segment before the judiciary, as we haven't done, we have judiciary,

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we just done with penalties and pithos penalties and pieces.

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And what did we have before this vows? knows?

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And what did we have before this foods? and drinks? And what did we have before this? family? That's marriage and divorce, etc? And what did we have before this inheritance?

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And what did we have before this transactions? And what did we have before this worship? So that's

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that that is all. So we are here.

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So he says here, Jihad

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pasado, Bella,

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Bella, and

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it is a public IP via collective obligations. So it is performed by a sufficient number, the obligation is fulfilled, it is an individual obligation for anyone who shows up at the battlefield, or whose town is surrounded by the enemy. It's only obligatory on capable saying free adult males. It's only obligatory on capable saying free adult males.

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So, it is a given

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Federal Capital Muslims were not to proceed to war, all of them at once.

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So, it is not you know, what is it is not an individual obligation on each and every one of us.

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But when does it become an individual obligation, it becomes an individual obligation on the one who shows up, you know, you are at the battlefield, now there is no

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running away now.

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It becomes an individual obligation on some who was surrounded by the enemy whose city was surrounded by the enemy. So it is an individual obligation in this case, otherwise it is for the gift, or it's a communal obligation. It's a collective obligation. If we have enough people to perform it, then we don't need the rest. And that's the question of you know, should everybody be drafted or not? If you have standing armies, you probably don't need everybody to be drafted. If you have standing armies

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should everybody be drafted if the standing army is not sufficient to protect the country, of course,

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there is also another one which is becomes also an individual obligation if you were selected by the Imam or

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his deputies. If you weren't selected by the amount of his deputies, because of particular skills that you have, or you know, whatever we need electrical engineers that whole batch of electrical engineers will be taken into the army and becomes an individual obligation in this case.

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What a lot of that couldn't have been better than academic cynthiana is obligatory on capable saying free about means.

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Then the SEC said

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and I gave a title myself, which you know, the title is the virtue of jihad of this segment the ship's

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Total War in Korea we

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have a lot as

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a man on Billa Carla from a parlodel visa some 100 magro beside them. So it all sort of lights

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up have done

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the PCB Did anybody have an upset So do you have is the best of the superior supererogatory x this is because of what I aerated that allows messenger was asked what is the best deed? He replied to believe in Allah. The questioner then asked what is the next best he replied to perform Jihad and allows cause them to perform harder that is more broad or accepted and has also been narrated on the authority

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Do you ever wish that the Messenger of Allah Azza wa sallam was asked, Who was the best man, he replied a man who fights in the way of Allah, putting his wealth and his life at stake, putting his welfare and his wealth and his life at stake, does any nation in the world not do the same

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isn't smarter than the highest sacrifice.

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So, who gets Purple Hearts, you know, it is it is like a given that if you are willing to put your life at stake

00:35:35--> 00:35:51

for the interests of the Gema or the community, then that must be honored. And that must be also and that's why you find all the emphasis and on in Islam on chivalry,

00:35:52--> 00:36:11

courage, sacrifice, that is expected that is all expected not only because in Islam, jihad is meant to basically protect us as a community, but it is also meant to

00:36:12--> 00:36:25

protect the cause of Allah and the cause of justice and the cause of goodness in the world. So, it the nobility of this cannot be overestimated

00:36:27--> 00:36:28

then the chef's

00:36:30--> 00:36:30

have done

00:36:32--> 00:36:40

and badly battling at sea is better than battling on land and of course, it is better because of the higher risk of natural

00:36:42--> 00:36:42

hazard okay.

00:36:45--> 00:36:59

So, your reward will be commensurate with the effort, the effort and and Mahara particularly for the Sahaba they were not used to a borrower that used to

00:37:02--> 00:37:04

you know, see a warfare

00:37:07--> 00:37:27

then then it made even more sense, the risk is higher, therefore, the reward should be higher. Now, do we have any particular hobbies, hobbies is controversial, like the week about that as well about you know, the virtue of

00:37:29--> 00:37:30

see war.

00:37:32--> 00:37:36

And then the sex workers are markedly better in

00:37:38--> 00:37:50

common many of the menardo he must fight under the command of the righteous and the wicked, each army unit should fight the enemies in closest proximity to it.

00:37:52--> 00:38:21

I would actually in the next edition, change the translation of each army unit and make it each people I did not mean to put out of sight any any concept here, I meant by army unit, like if the army is divided into sort of, you know, katiba, katiba, Sumerian katiba, whatever genovia, etc. And each army unit will be fighting the the people that are in closest proximity to them.

00:38:22--> 00:38:42

But some may think that I was trying to say, were trying to put out of sight that we're talking here about each people should fight the enemies in closest proximity out of them will cause you to go home and many of the immunological meaning that if you are

00:38:44--> 00:38:48

in Bangladesh, for instance, you have more

00:38:49--> 00:38:56

sort of responsibility towards the your fellow Muslims in Burma, then

00:38:58--> 00:38:59

someone in

00:39:02--> 00:39:03


00:39:06--> 00:39:06

it's just

00:39:08--> 00:39:09

the concept is

00:39:11--> 00:39:23

certainly about concept. Are you able to do metal coated or Latino donor communica far are you hopefully find those of the disbelievers that are closest in proximity to you or that are next to you.

00:39:25--> 00:39:35

Some people will understand this as an open ended war and I'm citing the mayor in his book that they may or may not lie in his book and he is saying that this does not mean that we must fight

00:39:39--> 00:39:55

you know, people that are next to us all the time, what they call bloody borders. That's not necessarily it, you know, when we don't necessarily fight the people that are next to us if there is shady if there is agreement, if there is more than

00:39:57--> 00:39:59

then there is no need.

00:40:01--> 00:40:12

To fight and like I said before the context of the nation state the cost of war the fact that there is freedom of practice of religion and most of the

00:40:13--> 00:40:41

countries in all of this would would change the premises and would certainly influenced the conclusion or the final ruling. Next to the shape talks about rebar. rebar is basically guarding the posts guarding the posts. So whatever more rebar to carbonio man What are we on in the bay Southern low Southern call, we bought we augment

00:40:42--> 00:40:53

your own men healthier woman, female co worker about two young men v sebelah. highroad lancea Misha Harun opma II, woman matter Morabito

00:40:55--> 00:40:57

mama won't be on foot.

00:41:01--> 00:41:39

So the fourth period of remarks regarding the frontiers of guarding the past the posts at the frontiers is 40 days, it was narrated that the Prophet sallallahu Sallam said spending a day on the frontier for a lost cause is better than 1000 days in any other pursuit. He also said spending a day on the frontier for a lost cause is better than fasting for a whole month and standing in prayer through all the nights Oh, that's nice. If one dies while observing robot, the reward for his good deeds will go on perpetually

00:41:40--> 00:41:44

until the day of judgment, and he will be saved from

00:41:45--> 00:41:50

alpha alpha 10 basically as the plural of effect.

00:41:52--> 00:41:55

And that means the angels that will

00:41:56--> 00:42:01

try you in your grave. Alpha turn is the plural of alpha.

00:42:02--> 00:42:03

So the prophecy

00:42:04--> 00:42:20

tells us about the reward of guarding the posts and claim. Allah said that it is the report that consensus that learning the posts has more virtue than in Majora fell

00:42:22--> 00:42:26

in Becky, so it has more versatile than basically

00:42:27--> 00:42:41

devotion to worship in Mecca. In the end, the Mac can harm. So devotion to worship in the Macan halloumi we can think of anything better I can think of a better place to be than being an ottoman Mackie

00:42:43--> 00:42:53

devoted to worship in my report to the consensus that guarding the posts of the frontiers is more virtuous than

00:42:54--> 00:42:55

devotion and harville McKee.

00:42:58--> 00:43:03

And that's basically sort of although this particular poetry

00:43:06--> 00:43:08

is not particularly

00:43:10--> 00:43:17

authentically traceable, but you could say that there is a point in that poetry that you know, of the loving inbox sending to provide

00:43:18--> 00:43:21

if you weren't to see us and if you were to see you know,

00:43:22--> 00:43:25

you know the smell and our

00:43:26--> 00:43:51

what why do you smell the fragrance of mask we are smelling the dust of the battlefield and then so on. He compared to him and in poetry between devotion in the Macan harem, and basically jihad. So, they used to volunteer to guard the the posts at the frontiers

00:43:53--> 00:44:18

because, you know, the frontiers are extended, this is a huge undertaking to be able to do the standing armies would not be sufficient to guard the post, the frontier, so they used to volunteer and go to the, to the frontiers for rebirth. It is, you know, like, rather than somebody who would go out for 40 days and go, you know,

00:44:19--> 00:44:26

they used to do this, but the 40 days was actually very bad guarding at the frontiers, and that is,

00:44:27--> 00:44:29

you know, the,

00:44:30--> 00:44:55

sort of the shortest degree shortest, the greatest period you can make about for a day, you can make robot for a few hours. But the short, the shortest greatest period is 40. Of course, 41 is better than 40, of course, but 40 would be like you have gotten to the threshold of like, reasonably about

00:44:57--> 00:44:57


00:45:01--> 00:45:04

So that is what what he says here.

00:45:06--> 00:45:13

next segment who may participate in Jihad and the title is mine, the Magna Carta American Allah said, What

00:45:14--> 00:45:15

will he do?

00:45:19--> 00:45:23

More Muslim in the isn't he? Ill and yada yada he

00:45:27--> 00:45:42

one whose parent or parent, one one whose parent is alive may not perform Jihad without his or her permission, unless it is individually binding on him, it's individually binding on him.

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

Yeah, so, you take permission from your parents before you proceed to voluntary jihad, obligatory jihad, if the enemy circle your town, or if your email had chosen you is not

00:46:02--> 00:46:15

is not is not included in this. So you do not need permission for obligatory but actually in Muslim countries also in sort of form of

00:46:16--> 00:46:18

commitment to this concept.

00:46:19--> 00:46:27

And Muslim countries like I was not drafted in Egypt, for instance, and because, you know, my mother had no other boys.

00:46:28--> 00:46:31

So, if you if you're the only boy,

00:46:33--> 00:46:38

then you're you will not be necessarily drafted.

00:46:40--> 00:46:44

But I think this is in keeping with this tradition.

00:46:48--> 00:46:57

Then it says here, what I thought for a minute about how to be elaborate on and I wanted to say also that, that the fact that, you know,

00:46:58--> 00:47:02

this shows you that jihad in Islam

00:47:03--> 00:47:36

is bound by a value system. It is just not like a rogue concept that is not tethered to any value system, it is bound by a value system, who would want to send people back? Like who if if this if this was about tribal warfare, or this is about Imperial warfare, who would put a ruling like this, they send people back for the permission of their parents. A lot of parents would probably not give permission.

00:47:37--> 00:47:59

So if you're just want to if you're like, if you're an army recruiter, and someone tells you we have a ruling here that you have to get that those kids have to get permission from their parents, that army recruiter will be pulling their hair because it is not it's not a good ruling. For any recruitment effort. Yes.

00:48:03--> 00:48:03


00:48:07--> 00:48:08

little bit confused.

00:48:09--> 00:48:17

One whose parent is alive may not perform Jihad without his or her permission unless it's individually binding on him. So one who is Muslim parent?

00:48:19--> 00:48:20

one who's Muslim parent

00:48:22--> 00:48:22

is alive.

00:48:25--> 00:48:31

In Yeah, no, but, but honestly speaking in some

00:48:33--> 00:48:39

In some versions, one whose parent is alive what a huge boy he hates.

00:48:40--> 00:48:45

And some versions I think, there were two versions and the we got them

00:48:46--> 00:48:49

confused? Yes. What are your gentlemen, my boy Hi.

00:48:52--> 00:48:57

Okay. Then the next one is what is the

00:48:59--> 00:49:02

fee a sin, the subpoena are more or less,

00:49:03--> 00:49:19

what I will sign will be most reckon L and the Hydra t are no woman may enter the abode of war, except for for very old women to provide water to the soldiers and treat the wounded.

00:49:22--> 00:49:24

Emotionally Can l 100. How to delay

00:49:25--> 00:49:41

the help of a polytheist is not sought or accepted except when needed. So two other impediments to recruitment effort. Right. Two other major impediments to recruitment efforts.

00:49:42--> 00:49:51

Well, first one is about women. And he says that a woman should not enter the abode of war, except a woman who's very old.

00:49:53--> 00:49:59

To provide water to the soldiers and treat the wounded. I would say that

00:50:00--> 00:50:02

You know, sometimes are like,

00:50:04--> 00:50:19

okay, sometimes we we just needed to use more flexible language. Sometimes we needed to use more flexible language. Because in the Hanbury books, for instance, he will find the justification of this ruling is what

00:50:22--> 00:50:25

except the justification of the exception is what?

00:50:27--> 00:50:31

Because the prophets of Salaam used to take on setups with a man with him.

00:50:35--> 00:50:46

And certainly we know that the robot used to go out, we know that AI himself used to go out, and so on. But forget about robots, who are much younger.

00:50:48--> 00:51:35

And, and this, they don't only apply this to the abode of war, meaning offensive war, they are talking about the battlefield, you don't take them out to the battlefield, except very old women. And if we mentioned robots, that basically destroyed the concept because they were younger, but almost with cell phones, not that old, you know, so we know is data and FSN. And then we say, you know, like, almost what I was not necessarily fine of a sin on Mr. Lane was telling her like, childbearing age, during the time of the prophet SAW Solomon Medina, we know, she's married to be taught how she was in the childbearing age, because we know stories about them. And she died also in

00:51:35--> 00:51:37

the year 40 in the collapse.

00:51:39--> 00:51:39


00:51:42--> 00:51:46

during the time of the Prophet sallallahu sallam, she was not really that old.

00:51:47--> 00:51:53

But at any rate, like we use, we should use flexible language, we should use flexible language like, you know,

00:51:56--> 00:52:05

you know, women should be protected the lower back you should not, should not be taken like huge risks or something of that nature.

00:52:07--> 00:52:10

Because otherwise, it would just sound

00:52:11--> 00:52:12

a little inconsistent.

00:52:14--> 00:52:25

As recorded where I show went out after the hijab, or the lawn was revealed, other than No, which was carried in the hope, oh, that works, we'll just be not actually in the medical, you know, getting water to soldiers

00:52:27--> 00:52:35

in the time space. But she was, she was in the battlefield, not giving soldiers a different story, like in the house

00:52:36--> 00:52:40

itself, like it is still in the battlefield. I mean, you would still be

00:52:42--> 00:53:23

she wouldn't be like in the presence of caught, caught they've the army gets defeated, then that's the base, the basic principle of why you should not go out, no, but but in terms of her going out to give water that was not after the obverse of hijab. But many people also would argue that diversity of hijab would not abrogate this, there is no conflict, to be reconciled between her going out to the battlefield, to give water and the verse of hijab, how she could have gone out after the rest of her job to give water to the wounded or to treat the wounded or to give water to the soldiers.

00:53:25--> 00:53:31

But no, this was in the Battle of God, that was reported from that, of course, was

00:53:32--> 00:53:33


00:53:35--> 00:53:38

which were in the fifth year after.

00:53:40--> 00:53:41

So then,

00:53:44--> 00:53:45

she said what I was done with

00:53:49--> 00:54:05

the help of a policy yesterday is not sought or accepted except when needed, is not sought or accepted except was needed. And that's a huge issue. And you must remember the Gulf Gulf War, the second Gulf War, the first Gulf War, I guess,

00:54:07--> 00:54:08

and the whole issue of

00:54:12--> 00:54:14

the standard Masoretic and

00:54:15--> 00:54:16


00:54:17--> 00:54:24

debate that took place at that time. The issue is, is controversial even within the mutha hub. So, you will have

00:54:26--> 00:54:34

the Hanafi is on one hand and the magic is in one and the Hanafi is on one end are the most permissive and seeking help from

00:54:36--> 00:54:42

from non Muslims and medikidz on the other hand are the most restrictive.

00:54:43--> 00:54:59

And then you have the chaffer is and the Han bellies in the middle and their position, particularly the shaft and his new mother hub, for their position is pretty comparable. They sometimes mentioned it has an aura and I don't think that they are making a distinct

00:55:00--> 00:55:29

Between alhaja and adore unnecessarily, but sometimes the folks use the word Aurora, liberally to mean harder and borrow liberally to mean harder. And so he or he will say harder. And some other books of the mouth have they say that or you could say that these are two different positions than another, but they're actually not they sometimes use the word liberally to mean both harder and lower.

00:55:31--> 00:55:42

And the reason why they have this agreed, is that the prophets of Solomon had said they're gonna sign over Macerich. And in the Hadith,

00:55:43--> 00:55:44

he said,

00:55:46--> 00:55:52

Have you become Muslim? And then they said, No, they said to them go back. We don't seek.

00:55:53--> 00:55:59

We don't seek the assistance or support policy. So again, as far as Yes.

00:56:01--> 00:56:02

And so

00:56:03--> 00:56:07

back, we do not seek help from a policy as

00:56:09--> 00:56:13

what basically help the Maliki's in the restrictive

00:56:15--> 00:56:31

position. And what would help the hanafis in their permissive position is the fact that prophets or southern didn't seek help in hedra, which is I mean, sort of event of the left and right.

00:56:32--> 00:56:47

His guide and hedgerow was mostly the profits of Southern toxifying mayor and others with him to hone in and they were much tricky, as already reported, but the majority's murase are weak because the issues with his

00:56:50--> 00:57:01

but sorry, reported from the professor Southern that he also sought the assistance of many final power, the use of any final power, and he gave them chairs of the venema.

00:57:03--> 00:57:08

But we also have the hadith of Saudi Horner room

00:57:09--> 00:57:39

and then just hurry up zona and to Hamada one min Dhoni calm and you enzyme with a conquer enemy, a common enemy, basically. And that seems, you know, so there are certain reports that the hanafis can use support and more permissive possession, there are certain reports that the Maliki's can use to support their more restrictive possession. Just leave it up to the Imam to decide his need. And

00:57:40--> 00:57:48

benefit rates, great ratio, whenever you have these reports, you know, you don't have basically, to give,

00:57:49--> 00:57:57

to put your final touches like and give, like, sort of rigid, ruling,

00:57:59--> 00:58:07

the give room for the Imam, because it seems that the Prophet did actually seek the assistance of

00:58:08--> 00:58:41

what should have been sometimes, but it seems that it is not the default, that sometimes he did not. And sometimes he returned them. And the canopies may also argue that, you know, when they came to him to seek to want to proceed, or March to war with him, he had expected that they would actually convert. And that's why he told them to use this opportunity. They converted in both instances of that might have been a hobby converted. And

00:58:43--> 00:58:44

the people and

00:58:46--> 00:58:55

the man and the hobbies have also converted. And the profits of the laws started the time the professor said to him go back. And then he's

00:58:56--> 00:59:04

taught me a bit later he was already he and the third time he said yes. And the professor saddam said to him fantastic, then proceed.

00:59:05--> 00:59:09

So in these cases,

00:59:10--> 00:59:29

just that you get flexibility to the people in charge, because they need flexibility. And the fukuhara should not basically rule every breath of every single individual. Just give the people a room to use their

00:59:30--> 00:59:37

reasoning, and particularly, particularly in matters of csra the focus

00:59:38--> 00:59:41

should give room for people to breathe.

00:59:42--> 00:59:56

Because matters of csra are based on benefit risk ratios that are based on multitudes of circumstantial variables that would govern their choices.

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

Charles up here

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

And come back in five minutes for the second session protocol

01:00:07--> 01:00:09

sabbatical and stuff like that.