Hatem al-Haj – QWD005 The Coherence of Shariah – Classifications and Sources
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AI: Transcript ©
So today, we'll continue to and
if you remember from the last 8 times,
we've talked about the definition, subject matter, and
some distinctions between
and other related sciences,
such
as etcetera.
And today, inshallah, we'll go over,
we'll go over
the visions of.
And we're still talking about the sort of
the 10 introductory principles,
that will give us good conceptualization
of our father. Today, we will talk about
the divisions of our father,
which is in Aksam,
Aksam Al Qadir Fakayah.
We will talk about
the topics,
and
we will talk about
enlisting that or the sources.
These are things that we will talk about
today.
And that or the sources
of.
So let's start with the divisions. And
yeah.
Basically, when we talk about divisions, I just
wanted to
to give you an idea of
why the divisions are important. Why is it
important for us to understand the divisions,
because the divisions
are part of
the definition.
You know? So it it may seem that
we're we're taking too long to define,
but the divisions are still
considered, to some extent, a part of the
definition.
Remember when we talked about definitions last time?
You know, the first time, we talked about
definitions
And we talked about,
the difference between the nominal definition, which is
a lovely verbal definition,
you know, like,
what is
Al Asad.
So just 2 different names for the lion.
One name may not be as popular as
the other, so you will explain one by
the other. That's just an a nominal definition
and this is usually not addressed
in logic. But in the other definitions would
be alhad and ras.
Some people may have, like, sort of other
definitions, but
included under ras, would
be the real definition.
Definition
and we said that would be
when you have the genus and differentia,
when you have a gins and a
fast.
You know, the human is a rational animal
rational animal. You know, genes, genus, animal,
plus, natuk,
rational.
And then we we said that there is
a descriptive definition,
and the descriptive definition,
you know, there there are classifications. There is
stem, monoclonalcas, complete, and incomplete,
but,
genus and property, we said it's genus and
property, and genus and property would be,
you
know,
for instance.
So when you when you say that a
laughing animal
or an animal that has the potency to
write,
or writing animal.
But eventually, not every human,
can write or so, you know, but by
human,
has the ability to write by potency, not
by actuality.
Anyway, so that's called the
you know, under arrest model. So you could
say
classification or categorization,
exemplification.
That is when you you you say that,
like the Taksim particular particularly Taksim could be
very helpful if it's exclusive.
Like, when you say,
Which means our speech is,
basically
comprehensible,
prepositions
or statements.
Like
be straight.
That that that is
a speech that is comprehensible, that is mofid,
that that's beneficial.
When you say that
the speech or words are either
ism,
that is noun,
that is verb, harf, that's particle.
Noun verb particle.
Is there anything else other than
Islam? No. There is not. This particular type
of classification is extremely helpful because it's exclusive,
you know, and it is, you know, all
inclusive and all exclusive
because the there is nothing beyond Esman Farhan
Harfa that would be kalam,
and all kalam is Esman Farhan Harfa. So
that's that's taksim.
And tamsil basically is to give examples.
You try to define something, you give examples
of
what is what the masaadiq,
the denotations,
what it denotes
outside in the reality. So you give examples,
this this,
this.
So that's definition by example. And then there
is definition by similitudes,
which is weaker.
But, anyway,
so let's talk about the categories of Al
Qaeda Fakayyah or the divisions of Al Qaeda
Fakayyah.
And
there is,
the basis of classification
is important. So there are, like we will
mention just 4 bases of classification for Al
Qaeda Fakayyah. One of them is comprehensiveness,
And the other one
would be,
comprehensiveness,
the source,
the agreement.
Not with your agreement. I put agreement as
the second one or the third one,
and then the source, the system dead.
And finally,
the scope
or the field of operation.
It's a it's it's a more contemporary way
of classifying
the.
So what do we mean by comprehensiveness?
Comprehensiveness.
So
when it comes to comprehensiveness,
would be the into
do
you remember,
and said that the difference between
regulators and maxims
would would cross
chapter
lines.
Would not cross chapter lines. They are they
per pertain to specific chapters.
But, you know, themselves, even after they cross
chapter lines, you have, like,
certainty is not overruled by doubt,
crosses
all lines. So
after we separated the
from among themselves,
they're also different in terms of,
their applications.
You know? So you have, as we said
before,
and I will call the other ones a
suhra. I'm just I'm just gonna succumb to
it and but I want a suhra, the
minor. So major and minor. So you have
the major and the minor.
And the major major ones are the 5
that we mentioned before, and I'll keep on
repeating them until you remember them even if
you're not reading the notes or you you
go home, which you should be. But I'll
keep on repeating them. 1 is,
which which means matters are judged by their
intentions.
The second one is Rya Pin Le Azul
Bishak. Certainty is not overruled by doubt. The
third one is Abdara Yuzal. Harm is to
be removed. The fourth one is in Mashakat
Hajar Bitesir,
hardship begets facility.
The 1 is el Adha Muhaqamah,
custom is authoritative.
Custom is authoritative.
And some people would add,
which means,
application is preferred to dismissal.
Application is preferred to,
dismissal, and some people will just say they
are 5. Most of the people say they
are 5.
Most of the people will say they're 5.
These are called the major ones. Then you
have the minor ones, and the minor ones
are further divided into dependent and independent.
And independent.
Which you know, dependent I mean, by dependent,
they are branches.
They are subsidiary,
subsidiary to the major ones. So the minor
ones are either subsidiary to the major ones
or they are completely independent.
Can I give you examples of both? Yes.
So
what would be
a good example on
a minor one that is dependent.
And that that is for, and do do
you remember?
Bill Macassid.
Al Faz.
Would be consideration.
In the contracts. By
intentions.
Meanings, by intentions and meanings,
not by
words
and mabani
forms. So consideration
in contracts
is by,
is given to intentions and meanings,
not to words and forms not to words
and forms. So where does this belong? It
belongs
under the first,
major legal maxim which is in Umar bin
Maqasadha,
which is matters are judged by their intentions.
So it is dependent on it. The same
applies
to which which means that necessity is judged
necessity
is
or judged by its extent.
This is a subsidiary maxim.
It is it it is a branch of
hardship begets facility. Some people would consider it
a branch of Dariausel,
harms to be removed. Could be either this
or that, but it is dependent.
So what would be independent
legal,
independent minor ones?
The you know, we we mentioned, for instance,
is what?
Secondary, subsidiary?
Subsidiary, secondary?
Debah means what? It it means it follows
the principle. The subsidiary
follows the principle.
The subsidiary
assumes the rule the ruling of the principle
or the subsidiary,
follows the principal or the primary. Secondary follows
the primary. So if you have
secondary clauses in a contract,
they follow the primary.
And then
based on this, there would be, you know,
many maxims
that we will discuss
that would address this concept that there is
a difference between the principal,
subject matter of the contract, the principal you
know,
basically,
intent of the contract
and the subsidiary
or the secondary
clauses in a contract. They will have
different rulings, and there will be more leniency
shown to a
than the principal, to the secondary,
than the primary.
You we we've talked about that
which means that,
it's the head is not invalidated by another
it's the head. It's the head is not
invalidated by another it's the head. So that's
that is also independent.
You can't fit a tab a tab under
1 of the 5. You can't fit HDHAD
is not invalidated by another HDHAD
under the 5. They are independent,
and in fact,
they have subsidiary
maxims that are dependent,
on them.
Okay.
So this is basically
the the classification of when
it comes to comprehensiveness.
How about the classification
of
when it comes
to
agreement.
What what what well, basically,
be just 2 divisions,
but not you know, the second division would
be further subdivided.
This would be agreed upon
agreed upon. So there are that are agreed
upon,
between the.
The 5 legal maxims are agreed upon? Yes.
They may agree on application,
but they are agreed upon in principle.
Disputed.
There are disputed,
of course.
So I gave an example, an important example
on the disputed cloud,
and and I wanted to make this division
here and say,
inter
inter inter
Madhavi, enter Madhavi,
and
disputation.
Enter an inter intra
Disputation.
What do I mean by this?
Take, for example, the inter Malhabi Disputation.
This, principle that we just talked about,
consideration in contracts is given to intents and,
you know, intents and meanings,
not, words and for not words and forms.
Is this a controversial
concept? Yes. To some extent, it is a
controversial concept. So you will find that more
consistently applied by the Hanafis and Marykes, you
will find that
less consistently
applied,
by the Shafais and Hanbalis. However,
to be exact, the Hanbalis are much closer
to the Hanafis and Medicis in this regard
than they are to the Shafais
who favor
forms over
intents.
And, you know, just to be fair to
the Safaes, I want you to understand why
they favored forms over intents. Because they were
thinking at it from the judge's perspective.
And from from a judiciary
or judicial
perspective,
you know, I'm not gonna get into intentions
and and meanings.
What I care about is
forms and words, because as a judge, you
know, someone comes to me with a contract
and
so but, anyway,
the the the majority
would say
when there is something to,
expose the or the disclose
the
this.
Of course, I'm not gonna be reading hearts
and minds.
But when there is something to expose the
intention
or to disclose the intention,
I'm gonna go by it. So that's why
the majority would say,
you know, where, intents and intents and meanings
are given precedence
or are favored,
to words and forms.
So
so it's a little bit of a controversial,
card or principle.
What about the interim of the Habi? Interim
of the Habi card? I just give you
one example in in the notes, from the
Hanbali Madhub. You know? And usually, in the
Madhub, when they talk about a that's controversial
within the Madhub, they they they make it
in the form of a query.
Hal.
Hal. It is,
Halil Ifrazz.
I'm sorry.
Okay. Let me try to do this carefully
here.
Okay.
Is
division
an allocation
or sale? Is is
division
an allocation
or save.
Okay. What what do we mean by this?
Like, we we co own a property,
and now we we just want to separate,
like, my portion from your portion.
Now what is the separate what is this
division When we divide
the property,
and I take my portion, you take your
portion, is this
just simply allocation
or a sale?
Because we co owned it, I am selling
you
the part that would be yours. You're selling
me the part that would be mine. Is
this consequential,
Diggory? It is very consequential.
So we're we're we will come to it.
But for now, just know that
this is phrased in the Hanbali math hub
in the form of a query, is
division
allocate an allocation or sale.
Okay.
So now we've done with the second basis
of
the second basis of
classification.
What would be the 3rd basis of classification?
The 3rd basis of classification would be the
source, and we will come to talk about
the source in more detail later.
I will go briefly over it here.
The source of Alqaad al Fakayyah
will be textual
or derived, and we will come to talk
about this,
later.
Simply and and quickly, textual would be the
qur'a that itself is a text from the
Quran and Sunnah. The text of the mukuro
the Quran and Sunnah or,
like an adaptation
of a text from the Quran and Sunnah,
like a slight adaptation of a text of
the Quran and Sunnah, would be the card.
So what is the first card? Which
means matters are judged by their intentions.
This is basically some people use it, umar
biniyat, as the card.
But, actions are but by their intentions
as the card. And some people use it,
umur bin muka siddha. If you use
it, this is basically our adaptation,
which are which means actions are but by
their intentions.
And when you have, like some people use,
harm is to be removed as.
Some people use
itself as.
Means is is is a hadith of the
prophet sallallahu alaihi wa sallam. So
the hadith itself is,
the qawaida
or a slight adaptation of the hadith. These
are called textual.
They are more powerful than the derived.
And the derivation of the, as we will
come to see later,
could be basically derivation from,
you know,
from the text of the Quran and sunnah
or derivation from the inductive examination
of the body effect of the body effect.
And you you can have, like, a here,
for instance, a derivation that is, from the
Quran and and Sunnah. When you say
or certainty is not overruled by doubt,
can you find,
like, proofs on this, like, from the Quran
and Sunnah right out of the Quran? Of
course.
Which means that conjecture
does not avail anything against the truth. Conjecture
does not avail anything against the truth.
This would be the basis and more clearly
when the prophet sallallahu alaihi wa sallam says
When someone finds something when feels something in
their stomach and they're in doubt whether something
came out or not, they shouldn't leave the
masjid until
they hear
something or smell something.
What is the prophet trying to do here
is trying to address
people with OCD, obsessive people, you know,
go by certainty.
Don't,
basically get frazzled by
doubts
go by that which is certain.
So that's basically the 3rd basis of classification
of What would be the 4th basis of
classification
of and this is very simple and straightforward.
It's basically the scope.
And,
you know, may you may get confused between
the scope and the comprehensive.
And maybe I should find, like, a better
translation for this. But I I'm talking about
Majal al Amal or field field of operation
field of operation of Alqaad Al Fakayyah. So
contemporary scholars may take Alqaad Al Fakayyah that
pertain or belong to a particular,
subject, you know, or
a particular concept and separate them. So we
have people separating
that pertain to facilitation and sharia. We have
people who separated
that pertain to
medicine,
medical practice,
bioethics,
contracts, for instance,
or financial transactions,
you separate the card of the that belong
to financial transactions or medical practice, bioethics,
or this, but
and, you know, the the these are,
you know, science is developed. Science is developed,
and that is fine. And when you have
when you author on a cloud of fakaya
that pertain to a particular discipline or a
particular
subject matter. That's absolutely fine.
That's it for the notification of.
Now we will move on to
or the sources of. And as we said,
which means the sources
of the discipline
and so that's something that is important
to understand.
Where what what are the sources? Where
and we've,
basically alluded to this in the past,
but we will talk about this a little
bit in more detail. I'm sorry. But maybe
before I understand that, we'll go
the topics, which is very brief. The topics
of Al Qaeda,
the table of contents of the book,
you know. And the topics of,
I give you, like, a definition for
for So it basically what are the of
or the topics of the
prepositions of this discipline,
I. E, the principles that investigate the conditions
of detailed legal rulings in terms of application
and the derivation.
So that table of contents, and that is
what we will be talking about for the
rest of,
this class. We will be talking about the
We'll be talking about the the
their meanings, their evidences, their conditions, their branches,
and their exceptions.
And now let's go over,
the sources of Al Qaeda.
So as we said and this will be
a repetition, but that's fine.
The first thing is you get that
are sourced from the Quran and the Sunnah.
Sourced from the
and,
Sunnah.
Could you say and
is is Aqaida?
You know, conjecture does not have been against
the truth. Yes. It it you could actually
say that.
But there there are
there are
that
are coming verbatim from the prophet
As we said, you know, you could
use it instead of
So,
actions are but by their intentions,
matters,
or judged by their intents or their intentions.
That's that is, you know, that is one
of the 5.
Arm is to be removed.
You know?
No. Actually, like, if I'm getting the Hadith,
the Hadith should be
Okay.
So
There no harm.
Darar is harm and no reciprocation of Darar
is
harm, and we said before, and we will
come to it, and we'll talk about, you
know, the many interpretations that people gave to
the Darar and Darar.
So Al Qaeda that is famous is Darar
Reserve,
but many people use Darar Waladirar
as
either. Many people use
as, the Qaeda.
So what else you you can,
say here?
You could say,
So this is the hadith and the card.
Prophet prophet.
Is linked to or hinges on or follows
liability.
So and that is one of the major
principles in,
financial transactions in Islam. There is no
it's like what is it? No no pain,
no gain? Is that what they say?
Okay. No pain, no gain.
Profit follows liability.
There the the other formulation of this al
Qaeda is called
which means
is gain,
is risk of loss,
Risk of loss.
You you would
say loss, but it means risk of loss.
So gain is linked to
the risk of loss.
So that's why in Islam,
reba is not halal. Money does not beget
money.
Money does not beget money. You will have
to take some risk
to make a profit.
You will have to take some risk to
make a profit, but to make a profit
without taking any risk would not be,
acceptable.
And, you could mitigate the risk as much
as you can, and that you know, a
good businessman would try to mitigate the risk
as much as possible.
So the to diminish the risk, it's you
know, Islam does not ask you
in fact,
on the opposite side, Islam doesn't want excessive
risk taking because that would be called the.
Is excessive undue risk taking, which is like
gambling.
Is excessive risk taking. That's.
Is in play.
Is in transactions.
So Islam forbids both,
forbids gambling in play and Lagar
or Kumar, Maser, in play, that is gambling,
and forbids Zagadar
in transactions,
which is undue risk taking.
And,
you know, there's so much that can be
said about this, but we will defer to
when we come to
Anyway and then you have
Okay. Whatever.
Okay. Al Bayinah means what? The burden of
proof. Al Bayinah means the proof. Here, it
means the burden of the proof.
The claimant. He who claims.
He who claimed
the claimant.
The the proof the burden of the proof
is on the claimant.
The oath.
Upon
man
he who denied.
So you displayed this as,
as what? The burden of the proof is
on the claimant
and the oath is on the denier.
That's how we translate this. This is the
hadith and it is the pride
and it is
such a such a a powerful Qaeda,
an agreed upon Qaeda,
a powerful Qaeda that has many applications
in the judicial system.
The claimant has to produce the proof
and
the denier
you know? So we have the status quo.
We're going by the status quo.
You know?
That's the stethoscope should be the default.
And then anyone who would then who claims
other than the stethoscope
has to bring produce a proof.
Anyone who denies
a change from the stethoscope
needs to take an oath,
only needs to take an oath.
Okay. So
these are that
are derived from the
from the Revelation.
You have another type of that
are
indicated by the Wai, not,
basically sourced directly from the Wahi. They are
indicated,
by the Wahi. And we've talked about ryapin
ezubishak before. We can also mention hardship begets
facility.
Is does hardship begets
hardship begets facility, this guy, the come out
of
directly?
It not necessarily, but it is indicated by
by
He has not placed upon you
Haraj in the deen. Haraj is hardship.
Haraj
is distress and hardship.
So hardship and distress
are not prescribed
in our deen.
Allah does not be
basically burden us all beyond its capacity.
So Haraj is
not, prescribed in our deen.
Therefore,
you could say
that
the is indicated
by the is indicated by the And when
we talk about indication, we're talking about a
clear indication because everything at the end of
the day will need to be indicated by
the somehow
somehow. But we're talking about a clear indication
here.
Now you have maxims that are sourced from
consensus.
There are certain maxims that are sourced from
consensus.
For instance,
you know,
when it comes to,
This is a hadith.
The second part of the hadith is by
consensus is weak by consensus. The hadith says,
you know,
verily water is pure, and nothing would render
it impure
except that which
changes
its color,
smell,
or taste.
Its color, smell, or taste.
That's that that is
a hadith.
From the second the second portion of the
hadith from
except that which changes its color,
smell or taste,
This part is by consensus
by consensus not traceable to the prophet
However, it's a matter of consensus.
So and
we talk about hadith in the second,
class, but maybe it's it's not a bad
idea to mention this here.
Should you
say that this hadith that the whole hadith
is Hassan or acceptable
just because there is consensus
on the meaning of the second part?
No. You should not. You should not. You
should still say
that this portion is weak,
but
the meaning of it is sound
by consensus.
It's
So its meaning is sound by consensus,
but you should say still say this portion
is weak.
When will this portion be,
elevated
to, like, sound or, you know, even sahih?
If you
have,
or concurrences.
Would be
corroborations.
Many Sahaba
related this
and, you know, the chains are not too
weak
so they can corroborate one another.
Many Sahaba related the same meaning,
or the same meaning was related from different
Sahaba,
different change of narration,
and the chains are not
weak too weak,
to not be able to corroborate one another.
But, anyway
so,
we have another,
one that that is not part of a
hadith,
which is a a huge card.
It's a huge card for us,
that we will come to talk about in
in much detail, and, you know, this would
be very helpful for the students of knowledge
in particular. It means that Istihad is not
invalidated by Istihad. So
the Istihad of Abu Hanifa is not invalidated
by Istihad of Safay. The Istihad of Safay
is not invalidated by Istihad of Marik.
And,
you know,
sometimes, they say that Ishtiad Matic is not
invalidated by the Ishtiad Matic, which is another
discussion,
that we will get to.
But
it's is not invalidated
by
is an important,
guide. Where is this in the Quran and
this and that?
You know?
You know, so it's it's very hard to
to find, like, anything that would,
refer to the infer this directly.
But we have known
we have known,
from
the
you know, you you could say that the
prophet
did not,
did not,
basically,
rebuke any of the Sahaba whom when he
sent them to Baniqaurefa and he said that
she should not pray also except in Baniqaurefa,
and the Sahaba disagreed among themselves and some
of them said that the prophet meant that
we should hasten to Baniqaqaqaifa
and,
he did not mean that we should miss
a loss. So, you know, when Maghreb was
approaching, they prayed. They said they said that
he just meant that we should hasten Baniqa'idah,
and the other sahabas said no. The prophet
said don't pray us except in Baniqa'idah,
so we will not pray also except in.
And the prophet did not rebuke any of
them.
But, you know, more clearly,
you know, all the HD hadat of,
the the
more
clearly, the HD hadat of Abu Bakr were
not invalidated by Omar,
and the ijtihad of Omar were not invalidated
by Osman and so on and so forth.
Even
the of Omar
himself,
Omar
who made the 2 different when
it comes to
particular Allah of inheritance.
And,
when they told him, this is not how
you judged in this matter last year, He
said,
That
that that was in accordance with what we
have,
decreed or judged,
then.
This one is in accordance with what we
have decreed
now.
So, certainly,
you know, peep
laws change,
because you come to know
different things, and Mustahad
Mustahad may change his mind.
Does that mean that we will be going
back and reversing all the rulings?
No. That would really lead to chaos,
and and instability
in the judiciary.
So
when the law changes, you know, every that
preceded
will just stay as is, and we will
just move on from here onwards.
And that would that is the meaning of.
And then we have kawah that are sourced
from reason.
So so far, we have said,
they are text.
They are indicated by the text.
They are matters of consensus.
And then you have that are sourced from
reason. There are, you know when you say,
which which means application
is preferred to dismissal,
Any,
you know, reasonable person would would disagree here.
Applications prefer the dismissal. That applies to people's
speech and people's actions. So when you are
examining a particular scenario or a particular case,
application of all the data
takes precedence
is preferred to
dismiss it of or disregard
of some data
that you have
that that should be, just, like, sourced from
reason. You know, reasonable people would agree.
When the restriction is removed, the restricted
returns. When the restriction is removed,
the restricted
returns.
You know,
You know, our ruling is established when its
legal base is established,
when its legal base is the suburb or
the effective cause or legal rationale,
is established.
Does does that make sense? Of course. You
know, the Musa,
the cause follows the Saba, the cause.
The effect follows the cause.
Okay. So the these are,
basically legal maxims that are sourced from
reason, and then you have legal maxims that
are
sourced from language.
Language.
What would be some legal maxims,
that are source sourced from language?
Which means the absolute remains absolute until it's
qualified.
The absolute remains absolute until it's qualified.
What would be another one,
which means that the question is implied in
the answer.
When when you when you say
when I say to you, are you writing
now?
Okay. He just said yes. Did he say
anything else?
What do you yes is yes what? It's
meaningless.
But unless the my question is implied in
his answer,
he this yes will be
nonsensical,
useless.
Right? So su'al mu'ath al jo'ab, the answer
is implied
in
the question is implied in the answer. And
this is basically simple language. You know, anyone
who heard of this conversation between me and
him would understand that he said, yes. I
am writing now.
Then we have that are sourced from the
statements of the companions,
sourced from
statements of the companions.
Such as Omar is saying,
which means that
okay.
So,
rights are subject to conditions.
Rights are subject to conditions.
Is that how I translated this here?
The settlement of rights is subject to con
to the conditions. Yeah.
Okay. And and then,
certainly, the prophet said that Muslim wrote to
him, Muslims abide by their conditions.
And you could say that the the the
statement of Omar is based on this. Yes.
Of course.
Eventually,
ultimately,
everything will have to be based on
or the revelation of the Quran and the
Sunnah because we don't we that's that's our
ultimate source.
Okay. And then you have statements of.
You have statements of.
So Ibrahim Al Nakai, for instance, said,
you know, that every divorce initiated by the
man, every separation initiated by the man is
a divorce.
So every separation initiated by the man is
a divorce.
You know,
first what? Like,
for instance, would be
a statement like the statement of,
which means,
no
statement will be attributed to someone who remains
silent.
Makes sense. Yes. No statement. No no nothing
would be attributed.
So silence does not mean anything,
which is
you don't think that this is nonsensical. Don't
think it's just like this. No. It is
it is very meaningful,
that if you remain silent, nothing can be
taken against you as long as you remain
silent. Isn't that one of the like, they
apply this here in the lawyers?
Okay.
And then you have a statement of also.
When when it gets tight,
it gets loose.
That means it it should be loosened.
You know, when when yeah. That that that
that's, you know, some some other formation of
when hardship begets facility
Hardship begets facility.
Now you have,
other,
you have statements of
Truck should not be abandoned.
Hack through through or,
like, a right,
bottle is falsehood.
And the way I translated this is,
a right is not abandoned for a falsehood.
A right is not abandoned for a falsehood.
To contextualize this, Imam Ahmed said a right
is not abandoned for a falsehood when someone
said to him, like, I go to consult
someone,
and I find him tearing,
tearing up his clothes.
You know? So he's committing haram. You know?
He's he's falling in sin.
Like
someone breathing
a death in the family or something, you
find them tearing up their clothes.
Should I still console them? The Adi Mohammed
said to him,
a right is not abandoned for a falsehood,
which means that
his engagement in falsehood
should not prevent you from consoling him, because
consoling him is right, is good.
And
and then, you know, we find the statement
of Imam Ahmed where he says,
when he was asked about someone who,
writes in their will that,
you should
you know, he he recommends for his,
heirs in his will
that they should pay zakat on his behalf
or make Hajj on his behalf.
So Imam Ahmed said
the obligatory Hajj and Zakah will come out
from his entire estate.
But if he recommended
some nafila,
something supererogatory,
something that's not obligatory,
to be done on his behalf, whether it
is a kabi sabbakah be paid
or,
supererogatory
Hajj,
sunnah Hajj to be, done on his behalf,
then it comes out of 1 third because
he has no control
over
his entire estate after his death. He has
control over 1 third.
And Imam Ahmed also said, we you remember
when we first started the the this series,
we talked about Imam Ahmed saying to his
son,
So I have said to you before,
all urine is impure
except for the urine of animals whose flesh
can be eaten,
and that is also a card. Why? Because
it regulates
the the multiple,
applications.
Now so these are just statements from,
these are statements from
Adam.
There are maxims that are derived by jurors
from, you know, the in the extensive
study and inductive examination of the body effect,
the body, the entire body
of Fiqh. And let's take some examples
here.
Ibn Rajab's 9th maxim, for instance,
where he said that every
Ibadah or every act of worship
that takes place in a haram manner
or, you know,
the acts of worship conducted in a prohibited
manner? Yeah. I guess.
And this
is, you know, subject of,
disagreement
between the Hanbalis
and other Mazahab
in one particular application.
So you have a Ibadah here, like prayer,
for instance.
So the prohibition,
you know, you you
you can your prayer in a manner that
is prohibited
in a manner that is prohibited.
Where is the what does the prohibit prohibition
pertain to? Does it pertain to the essence
of Ibadah?
All of them will say, your Ibadah is
invalid.
Does it pertain to a condition?
A condition?
Then
in the Hanbali mad hub,
this condition
is either specific to this ibadah, such as
facing the qibla in prayer.
This is a condition that is specific to
this ibadah or not. Should you be facing
the qibla outside of no. You don't need
to face the qibla. It is specific to
this aibada. So if you're not facing the
qibla,
you know, your
is invalid.
But what if the condition
is to the prayer
is not specific to the prayer?
Such as what?
Such as, for instance,
So to to make wudu with,
usurped water
or to make salah in a usurped
place,
or or or house, you know, or resin.
What is this?
Is this condition
is not specific
because it's haram for you to use this
usurped water
any any use of this usurped water is
haram, not just the wudu is haram. Any
use of this usurped water is haram. So
it's not specific to the I Baader. Then
in this, the prohibition
does not apply to a condition that is
specific to the Ibadan.
Is your Ibadan
valid or not?
So most of the people will say valid.
You did something haram,
but your Ibadah is valid. The Hanbari is
in their
popular position would say, no. Your Ibadah is
still invalid.
Because,
you know, the very water that you use
to make wudu
was haram for you to use. Therefore, your
doesn't count. Your salah doesn't count. The very
space that you occupied in your salah,
the very
that you made, you made it by occupying
a space that is haram for you to
occupy.
Haram?
Like, you know, let's say
this room here,
belongs to Cherno, for instance, and I came
and
forcefully seized it, took it from him.
And now I I I took that house
from him, and I stayed in the house.
My existence
in this in
this
space
is haram.
So when I'm
you know, occupying that space itself is haram.
Therefore,
the whole thing is but anyway, the majority
and also one position in the Hanbali math
hub will say
that your salah
is valid,
but your occupation of the space is haram.
So you you'll earn a sin for the
occupation of space, but your salah would be,
valid.
There are, you know, some other
examples that,
you will find there. Maybe we'll just take,
one of them.
So any of the which means every
blood money borne by the aqila, the main
relatives of the offender responsible for the blood,
is due over time, and what's not borne
by the aqila
is due immediately.
So the
the
the the blood money
Blood money means what?
If you kill someone by mistake,
you have to compensate
the heirs.
Right?
If you kill someone
intentionally
and the heirs decide to forfeit the right
to equal retribution,
they can ask for their
they can ask for blood money.
But if you kill someone
by mistake, you will not be killed.
I mean, you're just, like, driving your car
and you just kill someone by mistake or
you're trying to shoot the a deer and
you killed someone by mistake, you know, you
should you should not be killed. But you
will be responsible for compensation.
This compensation is called blood money. It's called
the deja. This deja will be borne by
the apeila or the person.
You know, when someone kills by mistake,
you know, we should show some mercy to
this guy because it's just, like, such a
tragic event.
He was he was trying to hunt, and
he killed someone.
It's such a tragic event. So we will
say to his relatives, you should come and
help,
this guy pay,
the the blood money or compensate
the family of the the victim.
Now
and this is something that we can can
talk about when it comes to, like, Hakayur
al Fatwa, which we will come to it
when we discuss,
customers authoritative.
Umar
who changed this haqila from the male relatives
to the
the people in the same registry,
the people in the same registry. The Hanafis
and Marykees took the position of Omar and
applied it. And, you know,
Shafais and Hanbalis did not. But, anyway, that
is an example on
the Hayur al Fatwa, the change of Fatwa,
based on the change of circumstantial
variables. Because Omar felt that when you know,
if if I wait, you know, people,
in the past used to live in Medina
or used to live in one place, and
I can bring all the within,
you know, a few hours
and tell them you're responsible for the blood
money. But what if someone
had already moved to Al Kufa
and their family in
Yemen.
Family is in and,
also
because, you know, this became like an empire
of faith where is Islam spread.
Some of the family may have been in
Egypt,
and some of the family may have been
in Oman now.
You know? So you just never know.
Someone by the family may have been an
Indian,
not by the time of Omar, but shortly
thereafter.
So,
what do you do then?
Like,
how do you bring all those people in?
So Omar said the people in the same
registry,
there's the people in the same registry,
will be responsible
and instead of the main relatives.
That is
change, Fatwa, because of the change of
the,
demographic realities,
the sociopolitical
realities of,
those times. Anyway, so that is an arc
pillar.
But the principle says that
the anything that is
obligatory
on the
the,
will be due
over time. Anything that is obligatory
on
the,
the offender
would be due immediately
on the offender. So that's it's just like
a principle that we apply.
And there are many others that are basically
extracted or extrapolated
from studying
the whole body effect. So let's go back
to just
summarize.
Okay.
So, list them that, the sources.
Some some can be just the exact text
verbatim.
Some are indicated by the text, some are
sourced from consensus,
some are sourced from reason, some are sourced
from language,
Some are sourced from
the, statements of the companions,
the statements of the mujtahid,
and the one that we have mentioned in
the
is sourced from
induction
induct
the entire body
of.
You re you you examine
our body effect
and you recognize,
identify
patterns
patterns. Once you have identified the pattern, you
formulate that pattern
into
a paida
or a principal.
And by this, we would have come to,
the end of this,
session.
And we will take 15 minutes off and
come back at
9:15
or.