Hatem al-Haj – QWD005 The Coherence of Shariah – Classifications and Sources
AI: Summary ©
AI: Transcript ©
So today, we'll continue.
And if you remember from the last three
times, we've talked about the definition, subject matter,
and some distinctions between
and other related sciences,
such as,
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, Fakayah. Today, we will talk
about the divisions of our father, Fakayah, which
is an Aksam, Aksam al Pardil 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 were 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
That's just an a nominal definition
and this is usually not addressed
in logic. But in the other definitions would
be
Some people may have, like, sort of other
definitions,
but included under
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 al fast.
You know, the human is a rational animal
rational animal. You know,
genes, genus, animal,
plus, Natak,
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 and knock is 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 a rasmal, so you could
say
classification or categorization,
it exemplification.
That is when you you you say that,
like,
taksym particularly
taksym 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 and 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 Esmefael and
Harford that would be Kalam,
and all Kalam is Esmefael and Harford. 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 mas'abikh,
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 for Kaye or the divisions of Al
Qaeda for Kaye. And
there is,
the basis of classification
is important. So there are, like we will
mention just 4 bases of classification for.
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 it's it's a more contemporary way of
classifying.
So what do we mean by comprehensiveness?
Comprehensiveness.
So
when it comes to comprehensiveness,
would be the
into
do you remember the said
that the difference between
regulators and maxims,
would would cross chapter lines.
Would not cross chapter lines. They are
paper pertain to specific chapters.
But, you know,
themselves, even after they cross chapter lines, you
have, like,
certainty is not overruled by that, crosses
all line.
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
soorah and just I'm just gonna succumb to
it and the other one is suhara, 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, Yapin 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 Mashak Patajal
Abit Tayesir.
Hardship begets facility.
The one
is.
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 in
dependent
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?
With the consideration.
In the contracts.
By intentions.
Alma'ani
meanings, by intentions and meanings,
la not by
alfaz
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 says 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 Dararuzel,
harm is 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,
at Tabah
Tabah.
Tabah is what?
Secondary, subsidiary?
Subsidiary,
secondary?
Tabah
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
which means that,
is not invalidated by another.
HDHAD is not invalidated by another HDHAD.
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 mazahib.
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
and and I wanted to make this division
here and say,
inter
inter math inter
math hubby,
An intramathhabie.
Disputation.
Enter an inter intramathhabie,
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 Hanapis and Medicis in this regard
than they are to the Safais
who favor
forms over
intents.
And, you know, just to be fair to
the chaplainists, 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
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,
pride or principle. What about interim of Habi
interim of Habi? 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,
they they they make it in the form
of a query.
It
is,
Halil
Efraz.
I'm sorry. Halil Pisma.
Okay. Let me try to do this carefully
here.
Okay.
Al Alkisma,
Efraz
Mbayal
Is
division
an allocation
or sale?
Is
is division,
an allocation
or sale.
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,
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 mal fab
in the form of a query, is
the vision
allocate an allocation or sale.
Okay.
So now we have 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 pariah that itself is
a text from the Quran and Sunnah. The
text from the Quran 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 bi muqa sabha. But if you use
it, umur bi muqa sabha, this is basically
her adaptation
of,
which are which means actions are but by
their intentions.
And when you have, like some people use
darar yuzal,
So the hadith itself is,
the
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
Hakad al Fakayyah.
What would be the 4th basis of classification
of Hakad al Fakayyah, 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 Al Qaeda Al Fakayyah.
So contemporary scholars may take Al Qaeda 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 in 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 file that
belong to financial transactions or medical practice, bioethics,
or this and that.
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 Al Qaeda fakayyah
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 masa'il,
the topics, which is very brief. The topics
of Al Qaeda Al Haqqaiyah,
the table of contents
of the book,
you know. And the topics of,
I give you, like, a definition for for
the
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 You know, conjecture does not
have been against the truth. Yes. You could
you could actually say that.
But there there are
there are that 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 dollar use of
arm
is to be removed.
You know?
No. Actually, like, if I'm getting the Hadith,
the Hadith should be.
Okay.
So there
are no harm.
Is harm, and no reciprocation of
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 Dharar.
So Al Qaeda that is famous is Darar
Reserve,
but many people use the Dara Walladera
as Dara as Dara. Many people use Dara
Walladera as,
the Dara.
So what else you you can,
say here?
You could say,
So this is the hadith and the card.
Prophet, Faraj's prophet.
But the man
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 is
called,
which means
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 would have
to take some risk
to make a
profit. You would 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 Maser.
Maser is in play. Gharrar is in transactions.
So Islam forbids both, forbids gambling in play
and the Ghadar
or Kumar, Maser, in play, that is gambling,
and forbid Zevarar
in transactions,
which is under risk taking.
And,
you know, there's so much that can be
said about this, but we will defer to
when we come to it.
Anyway and then you have
Okay. Whatever.
Amin,
Allah,
man,
and Kara.
Okay.
Means what? The proof.
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 status quo 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 kwaaz of p'eir that are derived
from the wah, from the Revelation.
You have another type of that
are
indicated by the Wahi, 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 we 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 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 of hair and 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 Hasan 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 sahi?
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 is 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 the Istihad of Safay. The Istihad
of Safei is not invalidated by the state
of Merek.
And,
you know,
sometimes, they say that the state of Merek
is not invalidated by the state of Merek,
which is another discussion,
that we will get to. But it's
but it's is not invalidated
by
is an important,
guide.
Where is this in the Quran and this?
You know?
You know? So it's it's very 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 to them to
and he said that she should not pray
also except in
and the sahaba disagreed among themselves and some
of them
said that the prophet meant that we should
hasten to Baniqaqaiva
and,
he did not mean that we should misarass.
So, you know, when Maghrib was approaching, they
prayed. They said they said that he just
meant that we should hasten to Baniqauraybah,
And the other sahaba said, no. The prophet
said, don't pray us except in Baniqa'aiva.
So we will not pray us except in
Baniqa'aiva. And the prophet did not rebuke any
of them.
But, you know, more clearly, you know, all
the of,
the the more, clearly, the htihadat of Abu
Bakr were not invalidated by Omar,
and the htihadat 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
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,
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 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, a ruling is established when its
legal base is established,
when its legal base is the or
the effective cause or legal
rationale, is established.
Does does that make sense? Of course.
You know, the Musab,
the cause follows the Saba'ab, 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?
What would be another one? As su'al kal
mu'adfil jawab,
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
my question is implied in his answer,
this yes will be,
nonsensical.
Useless.
Right? So
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,
the rights are subject to conditions.
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, salam, salam, salam, Muslim, when
an honest, 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, the Quran, and the Sunnah
because we do we that's that's our ultimate
source.
Okay. And then you have statements of
You have statements of
and so Ibrahim and 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
separation that's initiated by the woman. But every,
you know, separation that's initiated by the man
is divorced.
And then you have a statement like the
statement of Imam Shafari,
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.
Well,
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
When when it gets tight,
it gets loose.
That means 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 consult 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 Ahmad 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 sadaqa 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
extensive study and inductive examination
of the body of Feq, the body, the
entire body
of Feq. 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 Hanbari's
and other mazahib
in one particular application.
So you have a haibada here, like prior,
for instance.
So the prohibition,
you know, you you you can to 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 aibada
is invalid.
Does it pertain to a
a condition?
Then,
in the Hanbali mad hub,
this condition
is either specific to this
such as facing the in prayer.
This is a condition that is specific to
this 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 ibadah 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 a house, you know, or
a resin.
What is this?
Is this condition
ibadah?
It's 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 usurpated water is
haram. So it's not specific to the Ibadah.
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 Hanbalis
in their
popular position would say, no. Your Ibadah is
still in bad.
Because,
you know, the very water that you use
to make
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 force
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 earn a sin for the
occupation of salah, 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
which means every
blood money borne by the akelle, the main
relatives of the offender responsible for the blood,
is due over time, and what's not borne
by the akelle
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, Hagayur
al Fatwa, which we will come to it
when we discuss,
customers authoritative.
Umar
who changed this
from the male relatives
to the people in the same registry,
the people in the same registry. The Hanafis
and
took the position of Omar and applied it,
and, you know,
Shafais and Hanbalis did not. But, anyway, that
is an example on
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.
Some of the family may have been in
India,
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 in it. But
the principle says that
the anything that is
obligatory
on the the arquilla,
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,
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, and the one that we have mentioned
in the
is sourced from
induction
induct
the entire body
effect.
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 paisa
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.