Hatem al-Haj – QWD006 The Coherence of Shariah – Emergence, Benefits and Other Principles
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AI: Transcript ©
To proceed.
So today, Inshallah, we will try to finish
the introductions, the introductions of A
and we call this coherence of Sharia.
So we we said that there are 1010 different things, or 10 different
principles that we need to go over to introduce any subject. And we
last time we were talking about istim dead, right? The sources of
al Qaeda faqayah. Where do we derive al Qaeda faqayah From
today? Inshallah, we will try as much as we can to cover the
following, which may be a lot, but Inshallah, we'll try to cover as
much as we can. We will cover the emergence and development
the hurwater. We will Inshallah, try to cover the benefits and
merits and
authority, the authority or proved value and the ruling of learning.
So we're covering about five of the 10 principles today,
Inshallah, if we can.
So let us first start with the emergence of al Qaeda fapey. How
did a Qadr papaya emerge?
And I have to caution you that when we talk about immersion Qadr
that does not necessarily mean that these maxims were not in the
minds of the Sahaba and the tabarin or tabahin. They were not
in the minds of the great mujtahids, until we say that the
emerged in the fourth century. Now we're talking about the science as
a science. We're talking about it being a discipline, and people
writing, you know, in that discipline, and authoring books
and that discipline. So, as we said in us, the fact that Imam
shafaya
was the first one to author on us, so we consider him to be the WADA
or the founder of the science of sul al FAQ. That does not mean
that there was no Uzo al FAQ before him, and that the Sahaba
and the taberin did not have any solar principles of jurisprudence
in their mind. So this also applies to al Qaeda. However, the
difference between Al Qaeda and also Al Faqih is that, as we said
before, many times,
which one comes first.
You know, naturally, technically precedes fiqh, because this is how
you make fiqh. This is how you produce fiqh, how you deduce
rulings from the text of revelation by Oso del FIQ and
then, as we said before, now that you have the entire body of fiqh,
and you do your inductive survey of the entire body of fiqh, and
you come up with certain patterns, and you call them maxims.
You call those patterns, patterns that you have come up with through
your inductive survey of fiqh Parad, therefore it would be
natural that
would come later, you know, and they would develop slower than us
all il FAQ and and Feb FEP
itself developed much faster than uzodelfiq, right? Because we're
talking about authoring, but itself. They they needed it. They
needed it all the time. But there was always patawa and there were
always deen and fuqaha during the time of the Prophet sallallahu
sallam. It was basically copying the Prophet sallallahu sallam. The
Prophet did not say, this is what this is. Mustaha, this is this. He
said, salukama, right. Muni ozali, pray as you see me praying to the
Sahaba prayer as he they saw him praying for the Wanaka. They.
Your right me, or your rituals from me, that's in hat. So they
copied him. They copied him. But thereafter they needed, you know,
to figure out what is what, what is mustahab, and they needed to
categorize things and organize things for
those who came afterwards, who were not like the Sahaba, simply
copying the Prophet sallallahu, sallam, doing everything as he
did.
Would you will find in the note those who are not getting the
notes, you should try to get the notes. So you should try to
basically subscribe to the email list and get the notes and read
them before you come in. So those of you who read the 04004
you know coherence of shariazi 04 that I just placed in your folder.
Would know that Imam Al mardawi Rahima Allah gave us a little bit
of brief summary of the development of al Qaeda. What did
he say? He you know, you know, I'm not going to basically read the
Imam Al mardawis entire sort of history of kawaid, or, you know,
paragraph on the history of kalad, but I'm just going to stop at the
main stops in what he talked about. So the first thing he
mentioned was Abu Tahir Dabas.
Abu Tahir al the bus.
So this is a Hanafi imam who died. Nobody that exactly knows what
time he died. He was in Francis axania, like beyond the river.
So it this, this Hanafi. He was one of the great Hanafi Imams, and
he died around 340 no one exactly knows when he died, but since he
and alkhi, another Hanafi Imam, known Hanafi Imam, died, or were
basically contemporaries died around the same time. Karti died
about 340
so we're giving him 340
that neighborhood. He died in that neighborhood. So he was in the end
of the third, beginning of the fourth centuries. And they say
that Abu Tahrir the bus.
He distilled the Hanafi FEP into about 17 maxims. He distilled or
referred the hanafiq back to or distilled it into about 17 maxims,
18 maxims, and he used to basically repeat them to himself.
He was probably still working on them. He didn't want to share
them. He was very reluctant to share them. And people felt, you
know, like it depends on how people look at this. But anyway,
he was reluctant to share with anyone. So he would repeat them.
So another scholar by the name of Abu Sayyid al harawi came and and,
you know, tried to hide himself. After Aisha, he would close the
door of the masjid and he would sit down and repeat them. He was
he was blind, so he'd sit down and repeat them. So he he hid
somewhere Abu sayya harawi, and he kept on repeating them until
abuzaidal harawi coughed, and then he, you know, like he coughed
after he mentioned somewhere around four of them, so he caught
him, and he basically
stopped repeating it, repeating them to himself completely
ever since. So he himself did not write anything. Imam Al karfi in,
you know, wrote some of the qaad in his book on Rasul al FAQ he
wrote some of the qaad. And then came Abu Zeid the booth
in the fifth century and wrote a book by by the name of Tazi,
another which included more more kawad.
Having you know, heard of this, Al Qadi Husayn, or
this was a Shafi scholar who died about 462
after hijra,
having heard of this, he he said, Okay, I'll do it to the shafaik.
And he distilled the Shafaq into four. Kawad into four. Kawa.
What are those four? Kawaid, okay,
seclude the first one of the five, and that would be the four. So
yakinlaq,
which a certainty, is not overruled by doubt.
Dara riusel, arm is to be removed. Masha patajele, with a seer,
hardship begets. Facility. And lahad mohakamah, which means
custom is authoritative. Custom authoritative. These that he came
up with.
Imam Al Haramain Abu Maali said that it is
questionable whether you could actually refer all of the FAQ back
to those four qaed, he said it would take, you know, takaluf and
wasa it and takaloof, many intermediaries and like,
considerable effort, to basically refer all The FAQ back to those
four. But Hafez Al Alaihi,
who is an eighth century scholar, eighth century scholar seven
hundreds, died about 726, or something. He, he, he said that
when I when, when I was in Cairo, I noted, from some of the
scholars, that someone had added to these four, had added to these
four have fifth Maxim, and that fifth maxim is ala Morbi
makasadia, which is matters are judged by their intentions. This
is how we got to the five major come most comprehensive legal
maxims, it took hundreds of years. So we are fortunate to have them
at our fingertips, but it took hundreds of years to develop in
that sense. Does that mean they were not aware of these concepts?
There is a difference between having a like the mental concept
and putting it down in writing, in black and white, and authoring and
so on and so forth. So they were, they were aware of the concept, el
omurva ma pasada is not basically a novel concept. The Prophet said
that ama beniyat, these are but by their intentions. So when you say
omur bin latters are judged by intentions, that's, you know, some
people, even as I said before, use the Hadith as the Qaeda as the
formula for the Qaeda itself. So this is basically a quick summary
of and and certainly afterwards, books like albaho Nazar by Imam
SUTI, Imam ajayim. Imam as UT is a Shafi scholar died in 911
and im Jaime is a scholar who died in 970
so we're talking about 10th century now, and these are very
developed books on al Qaeda, as as we said before, they called navarr
to include some of the scenarios where there are some similarities,
but at the end of the day, The rulings differ or diverge because
there are some dissimilarities, because there are some dis
similarities, and we called it AJ Bahu Navar parallels and analogs,
parallels and analogs, and we said, in Navarre, are those
scenarios Where there are similarities, but eventually the
rulings differ because there are
dissimilarities that are important than the similarities anyway.
Then let me tell you that
this sort of effort is an ongoing effort and have not stopped then,
in fact, majma of maj mahal FAQ al Islami, which is the International
Islamic fiqh Academy, and I understand that All of us
have reservations and suspicions
regarding anything that's that is government related, that is, you
know, related to Muslim governments. But at the end of the
day, we have to be sort of reasonable,
and we have to understand that the complexities of life and so not
everything they are doing is bad. Of course, not everything they are
doing is bad.
So maj Mahal fakala Islami, which is the International Islamic
Academy, was started by the OIC, which is an Organization of
Islamic Cooperation. That's the new name for it when it first
came.
Mouth. Its name was what
or no. Arab League is different. This is Islamic Organization of
Islamic conference, Organization of Islamic conference, and then
they changed it to Organization of Islamic Cooperation. I like the
new name better because it comes out of the Quran the await so
tarawan cooperation, sakuranic concept. So anyway, the
Organization of Islamic Conference, which has about 59
members. So we've got plenty of Muslim nations.
It has about 59 members. They established a fecha Academy,
or a fek assembly by the name of International Islamic pep Academy.
This is a very, you know, significant and important body of
yes, they are sent from their representatives or respective
countries, and many times they they may have agendas, the
company, the countries that are sending them, they have agendas.
But at the end of the day, when they discuss matters of fact, they
just have to, you know, you know it's, it has to be fic and
certainly we, it's not like we have
bad thoughts about them. We should maintain good thoughts of all
Muslims,
until proven otherwise. Of course, so but, but they, they do
considerable work, and the declarations of the Islamic
International Islamic Academy should be taken in consideration
and discussion
one of their greatest projects is collecting. And this, this is a
momentous achievement. I think they started this in 1988
so, and it, you know,
only a few years ago that they complete project. So they
collected al Qaeda in 42 volumes,
but they added to them al Qaeda al Maqasid. Also remember we talked
about Maqasid, Al Sharia, objects of Sharia, and how there are
principles for Makassar al Sharia. And we talked about and there are
kawad that are also Laya.
And the added to them the orbit as well. Which are the regulators,
the regulators so but they combine them and they put them together in
one
basically,
what is it? This Encyclopedia of 42
volumes.
It's called the malamat
ze
inside,
it's the Amir of the or the governor of the former governor of
the Emirates, who basically spent on the project, or financed,
funded the project.
So anyway, so this is an ongoing effort, and it will continue to
grow, because we will continue to have, you know, formulations, the
new formulations, adjustments. And there were being newly emerged
scenarios that would require some for them. But certainly, you know,
the the five major maxims will not change. Most of the major ones are
not going to change. We're talking about adjustments, adaptations,
refinement. That's the effort that's ongoing. But there is no
revamping
of or replacement of AD by new qaad.
So that is the qaad in the general sense. What about in the hambari
sense? Because we're going over the hambari applications, tawad
with hambari applications. What about the kawad in the hanbari
sense? And why are hambaris a little bit behind when it comes to
qaad, because, as you know, hanbalism is heavily textual. And
Imam Ahmad Rahima Allah was
he responded to 60,000 questions.
It's poetry. So may not be exactly 60,000 but anyway, but he
responded to 10s of 1000s of questions by Haddad. So his
response to any question would be so and so related to us, which
means textual evidence he would come up with.
Is a report from the Prophet Salla Salam directly, or from one of the
Sahaba or one of the taberin, and he would not give his own opinion.
He would answer by a hadith, and that's it.
So the heavily textual madhhab, this does not mean that there was
no powhat And when we began this series, we talked about how Imam
Ahmed
basically assertively said Son, if not reprimanded his son, he said
to his son, kultulaka al Abu aluha nadisay, I have said to you
before, all urine is impure, except for the urine of those
animals whose meat can be eaten or is permissible to eat,
as if he's telling him this is a kahida. Keep it in mind. It will
spare you the need to memorize
10,000
messad Because how many animals are out there. So if you keep on
asking me every day, what about the urine of this? What about the
urine of that? It will not end
anyway. So it doesn't mean that there is no ad in the Hanbali
madhub, but certainly, a madhhab that is heavily textual would not
see, as you know,
early of progress in the science of tawad than the Other Madhya
that I have you know, talked about so Ibn Badra Rahima Allah, Abdul
Qadir badhram. Rahima Allah, who was a contemporary scholar to a
great extent, he died about 100 years ago, or maybe exactly 100
years ago,
Syrian scholar, his
Ibn Badra and give us like sort of a short summary of a father in the
hanbari Madhab. So the first thing he mentioned is Ibn Qadi Jabal,
Ibn Qadi il Jabal Ibn
Qadi Jabal, so in in Damascus. So the public library of Damascus Ibn
wa used to go to maktabah or Mumia and search for anything hambari in
maktaba or Mumia, or the public library in Damascus, which was
full of treasures, man and treasures. So he was, yeah, and
all of these were manuscripts, but he's telling us about the
manuscripts that he basically was able to find in the public library
in Damascus about 100 years ago. Some of these are in print now.
Ibn Qadi Jabal book has been printed. Okay? So Ibn apadib
Jabal,
when did Ibn apadir Jabal?
Sobnapati, Jabal was one of the students of Imam Taymiyyah, Rahim
Allah Takai, Abu asmaati Meyer, and that's why, of course, you
know that Imam Tamiya is hambari. You know, 100% hambari. But he was
very inclined to qaad type approach things.
And he himself, as we will say, came up with many, many of the
many qaad for the hambari, mahab So it was not, you know, a
coincidence that there was flourishing of Al qawwad from his
time onwards, from the time of Imam Tamaya, who's considered the
Imam of the mutahi, or the latter generations of the hambari Madhab.
It's not a coincidence that there was flourishing of the qawwat, in
fact, Ibn Rajab, which are the most famous qaad.
Ibn Rajab, Ibn Rajab died in 795
Ibn Qadi Jabal died in the 700 so let me,
did I mention this somewhere here, when I died,
771
771
you know, I haven't Tama died 728
so he was One of the younger students of imaya. Died, 771,
abuna,
so the most famous book on qaad would be a Rajab. Qaad ibn Rajab,
that's the most famous book on qaadin Madhab al hanbari. And Eben
Rajab is the student of Ibn Al qayyim, and Ibn Al qayyim is
student of Maya. So you see the connection. But.
In fact, some people said that Ibn Rajab did not write his book on
qawah. Had found scattered qawah written by niman teh So Imam Ibn
Rajab took them, put them together, and basically published
the book. Of course, that's not correct. It's not true. Ibn Rajab
was a much greater scholar than doing this, than stealing someone
else's work. And he would have been proud to say, I found these
covid, this is the teacher of his teacher, and basically serve them,
you know, write a commentary or something. He would instill
someone, someone's someone else's effort. So you will find in Abu,
as you know, short history of hambari kawaid indicates his
complete knowledge of the mazhab Madhab, his great, you know,
erudite understanding and verifying,
basically knowledge of the madhhab
there, there is also Ibn Al aham.
Ibn Al Aham
died in 803
he wrote a book on qaad, but it is between Parad Oso layer and mainly
Parad hoso layer, mainly qaad, that belong to us. Ibn Al ahm died
in 803 mainly qaad,
also Laya, but it the book included as well.
He also mentioned,
he also mentioned the tufy.
He mentioned the tufy. And the unfortunate thing is, tufi has
Kawada Sora and kawad Cobra,
Cobra and Sora al Cobra and Sora the major and the minor Pawar
tufi.
And
tufi died around 710
after, you know, after hijra,
he considered himself to be a student of Imam tema. He certainly
died way before before him, but he was very impressed and influenced
by him. Very impressed and influenced by him. Soliman tufi,
Sulaiman Abu Kawai tufi wrote, you know, two careful books that you
know we just hear about, but unfortunately, unfortunately, they
are missing. Don't know where they are.
We don't even have manuscripts for them, so until someone finds them,
we won't know anything about padott. You.
So
this is what
I mean. I don't Badran, Rahima, Allah said about the development
of God and mazhabil and Hanbali, he did not mention an important
development which you remember we talked about samori ibn sonina ibn
zunai
na
samori, this
great Imam who died in 606606
he was a contemporary of an imam of Al quddama, and perhaps the
last of the great
Iraqi Imams of the madhhab, of the Hanbali madhhab.
So he wrote a book on Al farup, and we would basically consider
this book to be
the first thing in the madhhab in that direction, because there is a
like a although Faruq are the distinctions, and they're
different from the maxims, and we've gone over this, but it's the
same direction. Basically. It is basically to bring together
similar and dissimilar cases, and to show why they deserve to have
the same ruling or not deserve to have the same ruling based on
similarities and the similarities. So he wrote a book called Al
faroq, and this may be the first thing.
So that was Imam Abu Asmaa mabne Rahima Allah, who died in 728,
he had basically had scattered throughout his books, but there is
a particular one called Al.
Was given the name of al Qaeda and Nura Anaya and nuraniya comes from
Noor from light
and it it is a wonderful, delightful book, but it is not
technically on per se, although, as I say in the notes that I have
sent to you, does include many coward. It does include many
coward. One of them is Kaida, teradila, Abraham, betaradi
akhiin. So the consideration in contracts is given to mutual
consent. Mutual consent. This was a big thing for him, that mutual
consent makes the default of permissibility. Default in
contracts. For him is permissibility, and that's why he
was one of the most lenient scholars when it comes to
conditions, when it comes to contracts, what may be halal and
what may not be halal. You know, in the in the Shafiq in
particular, the form is very important, so they restrict the
halal contracts to the ones that are traceable, that we know are
halal from the time of the Prophet sallallahu sallam, who have
sanctioned forms, but his his theory was completely different,
that the default for contracts is permissibility, and unless we have
a reason to say it's impermissible, such as the
presence of Riba, the presence of undue risk taking, the presence of
inequity, then we must deem it allowable. And all the clauses
people add in the contracts must also be deemed allowable.
So the Ibra for him, is mutual consent. How many clauses can you
have in one contract you know?
No seating, unlimited number of clauses we know in the shafa Imad
Hu for instance, and in the Hanafi madhhab, you can only have one
clause.
In the hambadi Madhab,
I'm sorry, in the shafa Imad hub. And in the Hanafi Madhab, the
clauses are limited to those that have been traceable and
sanctioned, you know, so they have a great deal of limitation of the
clauses. In the hambari madhhab, they don't accept more than one
clause. So one clause in the madhhab is permissible once you
get to two clauses to show two conditions in a contract. But it's
not all kinds of conditions. There are conditions that are part of
the contract, part of the essence of the contract, conditions that
are needed for the contract, such as the mortgage and collateral and
stuff like this, they would not put a ceiling on this. But the
conditions, other conditions extraneous to what is required by
Essence or what is needed for the benefit of the contract itself,
they have a ceiling. But for him, it doesn't matter how many
conditions you have, because the Hadith that prohibits,
you know, one condition was not considered you know, the short the
Prophet forbade a seal with a condition this hadith considered
it to be weak.
But the hambaris in general, they accepted the prohibition of two
conditions, two two conditions. And we will come to it, and we
will basically look at his justification for
for his interpretation of this, this particular piece, so the Abra
is mutual consent. This is a pad of apaya, and there are other para
I mentioned here
among the kawaid
that he
basically
enumerated in that book contracts are concluded by whatever
indicates their purpose, be it word or action. Contracts are
included by whatever indicates their purpose, being word or
action,
so if I for instance, by Alma Ata, which is not permissible in the
shafa Imad hub,
if I have, you know my merchandise here,
let's whatever it is, apples and you take one basket and.
It has the price. And you give me the the you know, whatever, $10 if
the basket says $10 you give me $10
I take the basket and walk out.
I'm the seller. You take the basket and walk away after giving
me the $10
that's it. This is an acceptable transaction. This is a halal
transaction. It doesn't have to have basically ijab and kabood.
There doesn't have to be a proposal and acceptance for this
to be a valid action, because this very act itself indicated our
mutual consent. Uh,
ah,
then
you know of the contemporary hamburis as Saudi and abuna Amin
wrote significant works on khawad, and also another on Al qawah,
poetic compositions on Al qawwarad, which are beneficial,
but this is basically, in a nutshell, the emergence and
development of Al qawwad. Still an ongoing effort on the refinement,
adjustment, adaptation, but
most of the work has been done.
So who's the first one to come up with? Parad,
Abu Tahira, the bus, okay? Didn't we say that? Imam shafa, he said,
If a bakal, Amrit, pasa,
okay, didn't we say that? Ima, Ahmad, say Kul tirakal, abuel, or,
you know, whatever la Utrecht about, etc, aren't it is called.
Why are we saying Abu Tahara, the best is the first one. Now, didn't
we say Omar, who said makata sharot,
which? Which means what? That that rights are contingent and
conditions? Or to the conditions.
So why are we saying Abu Tahara the best?
Because he came with certain formulations that he considered to
be power, and he put them together, and it was like 17
different so he thought of a discipline. He thought of a
discipline of knowledge. When in Imam shafa, he said, Amra Tessa,
he was just stating akade, but he was not authoring or coming up
with a new discipline of knowledge. He just included this
in one of his books when Iman Ahmed said layout rack from the
battle, he was not basically writing a book on qaad or claiming
to have started a new discipline. So that's that's the difference
here. Okay, now
let's talk about the benefits of Al qaed.
Now we need to discuss the benefits, the merits, the
authority and the
the benefits of Al qawah. Think about it. Think about the benefits
of there is, I want you to read the notes. Please read the notes,
because I'm not going to be able to, because we're going to have to
move a little bit faster and be able to talk about everything in
the notes. So I want you to read the notes, but let's think of of
some of the benefits of merits. Means fat. You know, it's a
virtuous science. Of course, when we go over the benefits, you will
recognize the merits of the science. What are the benefits of
al Qaeda?
Benefits? Anybody? I
I will give you a grasp over the detailed rulings like you can you
could have, basically it will bring together and hold together
scattered rulings. Think of cultural abuelco, and instead of
learning you know the ruling of the
of donkeys, the urine of be
Paul to lakalama, I said to you all, the urine is impure, except
for the urine of animals whose meat,
whose flesh can be eaten or whose meat can be eaten. So that is the
that's an important one, and that's for the faqih, a very
important one, but
bringing together scattered rulings, um.
Um, so that it will organize your mind, organize your mind, and give
you a grasp of the rulings. Now, what are not? What's another one?
Didn't we say before that Al qawah usually state entity to Al Mudra,
Al makas, which is what the legal basis? Legal basis. So when you
say eliakila, Azul Beck, when you say eliaki and someone comes and
tells you that I'm not sure if I broke my wudu or not, and you say
to them, eliakilas will be Shaq. You know, certainty is not
overruled by doubt. Are you just simply telling him? Are you simply
bringing together scattered drawings, or you're pointing to
the reason why he shouldn't worry about it, and he should go ahead
and pray if he's not sure that he broke his wudu because the
originally a pain or certainty that he had wudu is not overruled
by the new doubt that he didn't have wudu. So here our powhat are
not simply holding together scattered rulings for the FABI.
They are actually pointing to the Mahat the mudrak of the ruling or
the legal basis.
So it points to the legal basis.
What else would be an important benefit, particularly nowadays,
because it will give you an idea
of
it would give you an idea of the
Shara in general, in generality, the basic basis for the shara,
therefore, if you have a newly emerged matter, you could use the
qawwad because newly emerged matters. You may not find specific
evidence for every newly emerged matter, but if you have a good
grasp of the kawaid, the principles, the maxims, you will
be able to find rulings to address newly emerged matters. Find rooms,
address, newly immersed matters. This is also another great
benefit.
What would be another great benefit?
You would understand? For comparative pep students, they
would understand the differences between them, not,
not not at the surface level, not at the level of the branches or
the level of the detailed rulings of the flu, the principles that
caused the disagreements. So they will be able to have a better
understanding of the differences, and they will be able to have a
diff better. They will be better acquainted with the other method,
because it's very hard for someone who studied one madhhab well to
study all the form of the well in great detail. You know, some of
the scholars certainly have done this, but for the vast majority of
people that it is a very hard task to achieve. Therefore, at least,
if they are not capable of understanding everything about the
detailed rulings in the other madahab, they have this general
understanding their principles of the principles of the other. And
that's also another great benefits. All of these are
benefits for learning,
but for the vast majority of people, for the public, the would
give us. And I know that you're frustrated because we've been
we've gone, you know, been taking too long
covering the introductions, and we haven't gotten yet to akaya, but
you will be able to realize that will change your your concepts,
will will reconfigure your mind, reconfigure your mind, change your
concepts, discipline your thinking, govern your practice,
not That's not just in your religious commitment or religious
practices, but that is in your life in general. That is in your
life in general, as we will come to see.
So these are some of the benefits. And so that's why this is a great
science. And.
Now, the issue that is very contentious now, but what you
know, a very, very contentious issue is the authority of al
Qaeda, because nobody disagrees over any of the above. All of the
above is agreed upon ad fakaya, learning
is of great importance. It regulates the mind of the faqih.
It regulates the mind of the Muslim,
and it gives you a grasp, you know, of the principles of Sharia,
and which gives which which gets you closer to the spirit of Sharia
and the objectives, of Sharia, the essence of Sharia, you're coming
closer because the higher you go in, you're coming closer now to
the essence of itself.
But they disagree over the authority or the proof value, the
proof value or the authority of a and
I'm not going to go, you know, like I in the notes, in that much
detail, but let me tell you why some people thought that should
not be used as evidence. Some people's thought
may not be used as evidence for two reasons. One of them is,
haven't we just said that are derived by inductive survey of
fake
so they put a fic or the branches. They are the branches. How could
you use the branch to establish the root? That's one concept. They
are the branches of fiqh. You can't use the branches basically
to establish the root.
What would be your answer to this
isn't this true for many sciences, for many sciences, that the
principles are deduced by inductive survey, and then we go
back and apply those principles. What about now? What grammar?
Arabic grammar? How did we figure out Arabic grammar?
Is it in the Quran, you know, far more fun, no inductive survey.
This inductive survey gave us principles to go by, yes, do we
take those principles and apply them back, you know, to judge the
furuha, yeah. So that is not uncommon in sciences in general.
But
another argument, another argument is that these are aglabi, not Koli
predominant and not universal, predominant and not universal.
Didn't we discuss this when we were talking about the definition
and so on, they are agalabi,
not Koli,
not Koli. They are agalabi, not Koli. Did we say they are agalabi?
No, he said that we don't agree with this. We are Koli. They are
universal. They are ABI
in some sense.
Why did we say they are Koli? Because we said, if there is no
competition between the maxim and another piece of evidence, another
maxim, text of Revelation, necessity, this or that. If there
is no competition, the maxim cannot cut it would have continued
to be consistent. You could have continued to consistently apply
it. The maxim is consistent. The maxim there are exceptions, and
sometimes there are many exceptions. But the exceptions do
not mean that the maxim is not consistent or universal. The
exceptions are because of another maxim, another piece of evidence
that basically warranted the exception. So the kind, in and of
itself, without competition, without competition would be
consistent, but because of competition, and when we say this
isn't that true, even for the Quran and Sunnah,
true or not, don't you find one Hadith and find another Hadith
that you have to reconcile with it. So if you go by the first
Hadith that you found, you may be completely wrong because you have
not taken in consideration the other Hadith. Some Ayat are
general, and they are specified by other ayat or a hadith, and vice
versa, and so on. Okay, so I.
It's not only about it's about any sense there always will be
competition, and there always will be, not always, but there will in
competition and need for reconciliation. Need for
reconciliation. All of this discussion, all of this discussion
does not pertain to al Qaeda, that are themselves, text of
Revelation, didn't we say LADAR wala Dara is a Hadith. It's a
hadith is that? Can this be used as evidence? Of course, no one
would argue about this. It's a hadith a prophet said. So we're
not talking here about the qaad that are themselves text of
Revelation. We're talking about the QA that are derived from the
inductive survey of the entire body of fiqh.
So should we use,
as we should use of qaad as Haja,
until
we have a counter argument that is stronger, until we have a counter
argument
stronger, and when we have a counter argument That is stronger,
we will say, as Imam said,
Laham rule, lahi, lahat, mulfi, Hadith in wahat,
which will translate to by Allah, dismantling 1000 maxims not
Established by Allah and His Messenger is more binding on us
than rejecting one single Hadith, than rejecting one single Hadith,
we will say this. We will say this when, when the Qaeda is
conflicting with the Hadith. Of course, you throw away the Qaeda.
It's not established by Allah and His messenger. You have a hadith
as established from the messenger. You throw away the card. But until
you have such conflict, you use akaya. Now, certainly
you're not using any stuff until you have, you have exhausted.
We're talking about the mutahidin, you know. We're talking about
mustahid That is already aware of the Quran and Sunnah already has
extensive knowledge, comprehensive knowledge,
of the Quran and Sunnah, and he has one particular scenario where
he can find a specific evidence for that particular scenario, and
he's using the Qaeda. Of course, if you have specific evidence from
the Quran and Sunnah to use in any scenario, use it. You know you who
needs a Qaeda if he has an ayah. Who needs a Qaeda if he has an
ayah, nobody. Okay.
Now,
I just wanted to tell you that that our imams in the Hanbali
Madhab seem to be on board with using the hawat as
read for you,
read verbatim. What did Imam and mardawi said in this regard? He
said among, among the evidences of jurisprudence, certainty is not
overruled by doubt. Harm is to be removed and not removed by harm,
and harm permits the forbidden hardship against facility.
Averting harm is of greater priority than securing benefits
averting the greater harm or the lesser harm custom governs, and
considering the non existent as existent for caution. Is he
talking about papaya here or not? Yes, course, all of these are pod
papaya. He says these are maxims that resemble evidences but are
not evidences themselves.
Resemble evidences but are not evidences themselves, but their
content is established by evidence, and they are used, they
are used to judge particular cases as as if they are evidence for
that particular case. What is he trying to say? He's trying to say
that these are intermediate evidences, you know, the Qaeda.
The Qaeda here, the Qaeda is backed by an ayah.
The Qaeda then used to judge a scenario that the ayah will not
specifically a.
Address will not specifically address address. The Qaeda is
derived not from an ayah, but from the inductive survey.
PEQ. I'll give you an example that
deen or Sheik Takaya, din Rahima, Allah, tibinita EMEA used. They
asked him, should we use the right hand or the left to for CWAC? And
when, when you learn things like this, it doesn't have to be that
the ruling itself or what the scholar said must be true. It
doesn't have to but you're basically examining their
approach, their way of thinking. They said to Him, should we use
the right or the left for Siwa? He said, it has been stated
explicitly by Imam Ahmad that you use the left
for Siwa,
and it is the principle of Sharia that in orders in which the right
and the left faith, you dedicate the right to that which is
honorable and you dedicate the left to that which is not
for him, siwak is what cleaning not honorable. Siwak is cleaning
you're cleaning your teeth. It's just like you clean other areas in
your body, so you're cleaning your teeth.
So for him, it makes perfect sense. He's saying that Imam Ahmed
explicitly stated that the left is used for siwak, not the right. But
he's proving Imam as point by citing the Qaeda in Sharia is that
any matter in which the right and the left participate indicate the
right that which virtuous.
By the way, this is a good thing to interrupt the cycle of
infection.
So if you eat with your right and clean with your left the germ load
on your right hand is will be usually lower, even though your
right touches your left often, but still, the germ load will be
different between your right and left hands Anyway, but that's a
different issue. So all of that, what is the ruling of learning?
By this, we would have come to the end of introductions. Next time,
we will talk about ummurubi, makasidiha al Amaru Bini yet.
Okay, what is the ruling of learning? Papaya
was the Hab for the Hain for the kefaya, haram
for the
kefaya,
for the kefaya. Everybody,
yes, okay,
you guys are not reading the notes,
but it is far the kefaya the default, but it becomes far behind
on the mujtahid.
Fardi kefaya is the default, but the Mufti, the mujtahid, must
learn them, you know, because he needs them, or she needs them.
Okay?
That will bring us to the end of this. Now we're done with all of
the introductions. Next time. Inshallah, we'll start the second
section in the book, which is
Al Cobra. That's the major
legal universal legal maxims. And we will start with the first one,
and we will come back at 925, Inshallah, nine. You.