Hatem al-Haj – QWD008 The Coherence of Shariah – Conditions for the Validity of Intention
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AI: Transcript ©
I'm about to proceed.
So we're going over
legal maxims. We are calling this the coherence
of Sharia,
and
maybe Sharia in Arabic or something.
Our
Sharia. So today,
remember the the last time we did not
finish,
the actions that do not require an intention.
So this is where we stopped the the
last time. Today, inshallah, we will finish
at or the actions that do do not
require
intention,
and then we will start,
or the conditions of validity
of intention.
And 2 groups
here when it comes or, like, 2 big
categories when it comes to the validity of
intention.
1 is an EIA valid.
One group is,
you know, the, the the positive,
criteria,
and these are 3 criteria.
The 3 criteria
that you usually,
find in the books of in the books
of or the books of.
They usually say,
Tajib, Ala, and Muslim.
You know, the the salah is,
required from
the Muslim,
Uzbalev,
basically,
adult
and Aqil,
saying.
So Al Islam is one of them. Al
Aq,
basically a reason
as or
basis for accountability
is one of them, and Tamiz
tournament,
to be discerning
is,
one of them. So Islam, Aq, and Tamiz,
Islam, reason, and discernment.
When it comes to
the other category,
that's the absence of nullifiers.
So the absence of nullifiers
nullifiers of the nullifiers
of a valid nullifiers
are many.
Therefore,
it we will not be able to finish
this in 1 or 2 even,
lectures.
This will be,
the subject matter
of the next 2 or 3 lectures.
So
today, we will talk about the actions that
do not require intention, and we will talk
about the conditions.
We will talk about these three conditions of
validity,
the Islam,
Islam, reason,
sanity,
and discernment.
Okay. So what are the actions that don't
require an intention?
Do not require.
Intention.
So we ask we have to ask ourselves,
why do we need an EIA? And if
we know why we need an EIA, we
know the actions that don't require an EIA.
So why do you need an EIA?
We've talked about this before. You need an
EIA
to sort out ADA from IBADA
and to sort out the Ibadah among themselves.
So what do you mean by sorting out
Ada from Ibadah? Well, if if you are,
basically,
fasting
because you're you're on this sort of, intermittent
fasting program,
you probably don't
that probably would not earn you any reward
if that's what it is for,
if that's all what it is for. But
if you're fasting
to please Allah,
if you're doing the sort of the Muslim
fast, dawn to sunset to please Allah, you
are getting rewarded for this. So that's an
example of
how you sort out from.
Or if you take a shower just because
you want to take a shower,
let the because
it's hot and you want to feel cool,
and,
take a shower for as a ritual
host. That's that's sorts out from
Ibad.
And then you need to sort out Ibadat
from among themselves among themselves,
and so you need to sort out the
from the
or the from, the. You need,
basically
sometimes also,
the NER would be
needed
to
sort out different asarrafat
or different legal conducts, you know, sort out
the difference between Adeya
and Carden Rishua, you know, the difference between
giving someone a gift or giving someone a
bribe or,
or sadaqa or charity.
So
in light of that, where do we not
need an AU?
So one of the things and I may
I may I have put it here in
as the second,
but it may be the first.
The first thing are
a bad debt, you know, which will be
surprising
that you don't need an AI for IBAD.
But there are the aibada that don't require
an e'yah because
they are distinct by their very essence.
So faith in Allah, fear from Allah, reliance
on Allah, hope in Allah.
The niyyah itself,
does not require a niyyah. You know? So
the niyyah to please Allah does not require
a niyyah. The niyyah itself is, and it
doesn't require a niyyah because otherwise, you go
into,
the,
which is infinite regression.
And,
then
so so these
don't require
because you don't need to require to have
to have the love of Allah, to have
fear from Allah, to have hope in Allah.
These, things don't require because they are distinct
by their very essence.
They are just they don't require to sort
them out from anything.
Now so these are certain
that don't require because they are distinct by
their very essence. And then you have
Keep in mind, we have
one
that
will be consistent with us all the time.
This is
There is no reward without
intention.
So
is reward.
Accept
by intention
or with intention.
This is
basically
consistent.
So, you know,
the all the time,
you will have to have an idea to
have the reward of the action. Now we
will come to
the scenario where you do things spontaneously because
you have just trained yourself to be a
good person, and we will talk about this
particular scenario.
Like, if you do things, you know, without
much thought because you have
made
those sort of virtues
and
good qualities,
second nature for you. You do them spontaneously.
So if you see, like,
a thirsty dog and you give them water
and you you don't
bring on the Neia and and keep in
mind, bringing on the Neia all the time
is superior.
But if you see a thirsty dog, give
them water be without bringing on a good
nayah.
They will come to, you know, address this
in some detail.
But in general, the good news, until we
come to address it in some detail, you'll
be rewarded. Abu Salayman ad Darani said
Islam. The Niyyah,
said
Islam. This was reported from him by, in
JAMA Al Aloom Al Hakam,
I believe.
So Islam. The niyyah of Islam is sufficient,
you know,
which means what?
When when you niyyah Islam is the niyyah
of surrendering to god, submitting to their god.
You
know, my salah and my my prayer and
my ritual,
my life and my dust are all for
Allah. So when you when this is basically,
your
vision in life,
this is your mission in life,
then you will not need a specific for
every act to be rewarded for it.
And once you have trained yourself
to be a good person,
for the sake of Allah, everything that you
do,
has a second nature
with
count for you. Now this is not to
mean that bringing on a good
is not superior. It is superior. But
just in case you you don't,
get to bring it on.
So that
will be consistent.
So then the second
thing that,
we talk about
is that we don't need
for
or,
you know, customary actions.
So distinct
distinct.
Doesn't need any
The custom reactions,
don't need an
But 11 AM, you don't get rewarded except
if you have a good
So when you eat or sleep or do
any of, you know, the customary things,
that does not require an but you get
rewarded
if you have a good AU. So what
else would, would not require an
AU?
At at Turkuuk would not
I mean, basically, abstentions,
would not require an idea. Certainly,
bring on a good nayah that is superior.
So when where you know,
abstentions. You abstain from a lot of things,
you know, all the all the time.
So abstaining from bad things would earn you
a reward
if
you have any.
And, hopefully, hopefully,
the same applies to
what we said earlier
about doing things as a second nature
because,
because you have trained yourself.
You've dedicated your life to Allah. You've trained
yourself to be a good person in general.
So, hopefully, this will apply here as well.
So abstentions don't require,
What else would not require,
doesn't require.
Which means
clearing the rights of others,
clearing rights
of others. So if you pay someone off,
or or repay them, you know, or
something,
you're indebted, then you pay them back.
You don't have you don't bring on any
particular,
although
superior when you have an. But if you
don't,
did
did you pay did you repay them or
not? You you did. Does it count or
not? It counts. Like, you're done. The the
sort of the debt,
you you
is is, relieved as you you're not in
debt anymore. So,
which is clearing the rights, does not require,
an EIA.
Before we talk about it left, did we
miss anything?
Yeah. I didn't I don't think we missed
anything. Yeah.
So it left would be the next one.
It left would not require,
it left. You know,
so so, basically,
destruction of,
life or property or whatever,
that's it left.
So destruction of things,
you know, would would make you accountable
even if you don't have any,
which which means what? Accountable
accountable in what sense?
Not you know, so not in the criminal
sense, in the 7th sense,
which means what? Like, you're liable. The the
man,
is not basically waived
because because he didn't mean it. So when
you kill someone by mistake,
when you destroy a property by mistake, are
you sinful?
No.
Are you liable?
Yes.
So that this is so so that's the
difference between the criminal case and the civil
case
for us.
You are not sinful. You're you're still liable.
Meaning what? You have to compensate the people,
that you destroyed their property.
Even if you are
insane,
even if you are a child,
you've destroyed a property,
then you will have to compensate the people.
You've killed someone,
then you will have to
pay the deer.
And if you kill someone by mistake,
the deia would come out of the arpila,
which is the paternal
kin, that we need to pay the deia
on your, behalf. But the kafara or the
expiation, as we will come to this,
to, you know,
talk about in detail,
will come from your own money, will come
from your own money. So you're liable even
though he didn't mean it.
But the fact that he didn't mean it
does not mean
that,
you're not liable.
So what is the benefit in this? What
is the benefit in making someone liable even
if they didn't mean it? The benefit is
for people to be more careful
about other people's lives and properties, you know,
to to be more care careful. You know?
Some people are
not not careful about their own,
well-being,
and they just tend to to ruin everything
they they lay their hands on.
So you need to
understand that you will be liable
regardless.
So you have to be
more careful.
And then, certainly, I want you to go
through the the footnotes. Like, for instance, you
will read,
the statement from
Which will translate to
the inter the intentional act of a child
or an insane person is considered a mistake.
Pata was no retaliation. Pata
involved because it is a punishment. Pata is
a punishment. Retribution is a punishment.
And those not legally accountable are not subject
to do it. Not subject to punishment.
The blood money is due from the, the
paternal kin,
the paternal kin responsible for
the,
the the blood money,
where it is required, and the expiation or
kafara is due from,
the wealth of the perpetrator.
Okay. So,
now
these are the things that don't require an
AI. Distinct that
that are distinct by their essence. They don't
require an AI. The itself is, doesn't
require.
Customary actions, unless you want the reward.
Abstentions, unless you want the reward.
Unless you want the reward. You know, bring
on a good when you pay people back,
but you've,
destruction.
And destruction, we said what it means here
that is not required. Meaning, even if it's
not
meant, even if you
mean it,
you'll still be liable in the settled sense,
not the criminal sense.
Then conditions of validity of the ne'yin. The
next,
topic we will talk about is
or the conditions of validity of the ne'a,
and we said 2 big groups.
There are things that we need to have.
There are things that we should,
avoid to to have a valid ne'a.
Things that are avoid,
basically, the nullifiers of the,
we will defer them until next week.
The things that we will need to have
are 3. 1, 2,
3.
Islam
or sanity
slash
reason,
and
which is discernment.
Discernment.
MES. Okay.
Let's start with Islam.
And by agreement,
by agreement,
Islam is,
required for the validity
of the nayeen.
Islam is required. Faith is the basis
for, valid,
intentions,
and that is by agreement. This is a
matter of consensus.
And we may come to speak about this
in more detail. You know, the the actions
of the non believers,
they'll be rewarded for them in this,
life.
So
or
Islam for the is
is is a complicated issue. We will we'll
address this,
shortly.
But Islam, in general,
is a requirement
So it it is,
a book by and
a very important
Hanbali book.
So in Matale Bora in Noah, it says,
Okay. So in
it says,
the is
not valid without it, without a a proper.
And its validity, that's the validity of the
nayah,
is con conditioned upon Islam.
So it is not valid from a nonbeliever,
an insane person, or a nondiscerning
person.
Additionally, its validity is conditioned upon knowledge of
the intended action. As mentioned in Alofti Arat,
Niya follows knowledge. So whoever
knows what they want to do, their intention
follows by necessity.
So as long as you know what you
want to do, the intention follows. So you
don't need the is not that complicated. You
know, some people, you know, obsess about.
If you know what you're doing
and you intend to do it,
that's it. That's the.
So the follows the knowledge,
by necessity.
So you you know that you're going to
pray astray now?
That's it. That's it. That's your name. You
know that you are going to pray Oster
now. You know that you're going to pray
for now.
And, certainly, this is the Imam al Nhataima's,
emphasis because
he was concerned about the people who obsess
about everything,
including obsessing about the nayil. So people would
actually spend,
like,
and and it's still true for some people.
They would spend 5, 10 minutes before the
prayer
to bring on the Neia and to make
sure that they bring on the right Neia.
So he is trying to say, once you
know what you're doing, that's your niyyah. Your
niyyah is basically,
a mother of the heart.
And once you know what you're doing, that
is your niyyah. It counts as your niyyah.
Anyway,
having said that,
we all here have that condition.
And then,
there are certain exceptions from this condition, the
condition of Islam. There are certain things where
Islam is not required
for the validity of the naiyah.
The first thing that we will discuss here
is the of.
You know? So if a if a if
a Muslim man is married to a Jewish
or a Christian woman,
does he
does she need to make
after,
her period,
for him to be able to have intimacy
with her?
So said
no. She doesn't need to. Although if she
does it,
you know,
I, you know,
although he would
favor if she does it, but he says
it's it's not,
needed,
because she's not eligible
for it.
He's not eligible for the Ibadah of host.
So imams, Malik, and Shafi'i and Ahmed said
it is required. It is needed.
But then they would disagree.
So
would validate her Nia here in particular,
and Imam Ahmed would not validate the Nia,
but
would say that, you know, the action
is still required.
The Nia is not valid,
and the NIA is waived here. The action
is not waived. The NIA is waived. So
it's complicated.
But
bottom line is the 3 emams, Madik and
Shafi and Ahmed, they would still require of
us. What if she completely refuses?
That's a different issue.
You know, they they
what if she is Muslim and she refuses?
You know? So they would say that she
would be forced to have a to make
host,
and that is basically be because of the
right of the husband.
But but that's what it is, you know,
in terms of
that requirement.
So, anyway, like, you you want
to to to marry someone who's compatible
just to avoid all the
then the second one
the second one is.
The
from the the
the apostate.
So let's say someone is is a Muslim,
and God forbid,
they apostatize
after their zakat becomes due on them after
the zakat comes due. You're like, your zakat
due date is Ramadan
first,
and then you
apostatize,
God forbid, Ramadan
3rd.
This guy became due on you.
You didn't pay it yet.
So, Imam Ahmed would say,
if
the imam takes it
if the imam takes it,
seizes it, takes it,
it will count.
It will count. It will count. It will
count.
Exteriorly.
Does it count
interiorly?
So the the there are 2 different positions
in the mad hub when it comes to
the
interiorly.
Like, let's say you you accept Islam back.
You take you know, you you come back
to Islam. You return to Islam on Ramadan
5th.
The the imam or the sultan
had taken the zakah from you because here,
they they basically
they're basically saying that the zakah is the
right of the poor in your money. You
like, it doesn't matter. It's it's one of
the,
and it would be treated as a here
of the.
We would prioritize
here. Since you have, you know, apostatized, we
will prioritize
Haqq the Ibad or the right of the
people, and then we will take the zakat
according to the Imam Ahmed and give it
to the deserving recipients.
Then if you come back to Islam,
we will not retake it from you.
Should you
pay it off,
when you come back to Islam?
There are 2 positions within the madman. One
position says, yes. You must make make up
because when it was taken from you, it
was taken without an eir. You didn't have
an eir who's taken. The sultan took it
from you.
So you should,
you should still,
make up when you when you come back
to Islam. And the other position said said,
no. You don't have to.
Keep in mind here that there is a
a slight distinction between the Hanbari and the
Shafi'i position on this issue
because the
the Hanbari position says
that
if you
like,
you you like, Ramadan first became du du
ru,
apostatize, god forbid, Ramadan 3rd.
If you pay it on Ramadan 4th,
while you are in a post date, you
pay it by yourself.
I don't know how you like, but but,
anyway, like, you decide to pay it because
they will come after you. So you just
decide to pay.
It's you're not doing it for Allah,
but but you decide to pay it.
So,
Shafa or the Shafa position here is that
it would count.
Imam Ahmed says, no. It doesn't count
because your action is invalid since he did
not have the right intention.
So what if the imam takes it from
you? And Imam Ahmed says it counts because
the imam's action is valid. He has the
right intention.
So if he takes it from you know?
You get it?
A little complicated, but, you know, you just
read about it.
Then the other issue that wouldn't require,
a valid is.
Which are expiations,
don't require
a valid,
such as in oaths,
such as in in mistaken killing.
So whether you're old or young, whether you
are
Muslim or not,
the the kafara will come out of your
wealth will come out of your wealth without
requiring
a valid.
So all kafara or expiations
don't require a valid niyya. That's just like
in the case of oaths
and in the case of a mistaken killing,
for instance.
Now, certainly,
we have said before,
reward
is contingent upon the.
The reward goes with an, you know, hand
and glove.
They're linked.
But note that in these exceptions, the jurors
considered the rights of the husband in the
purification of the Kitabaya woman, the rights of
the poor in taking zakah from an apostate,
the rights of society and the validity of
non Muslims' oath,
and the,
obligation of kafara
when violated and the punitive aspect in kafarat
in general. Because kafarat have a punitive aspect.
They have the kurba aspect.
The kafarat expiation has a kurba aspect because
when, like, a good person would pay the
kafara to
truly make up,
and to truly, you know, seek,
Allah's forgiveness and and so on, so it
has a kurba aspect and it has a
punitive aspect. When they validated it without nayyah,
they observed the punitive aspect in the kafara,
not the kurba
aspect
in the kafara.
So some of the scholars, you know, Sheikh
Saad al Shithari, who has a a
commentary on.
You know,
he has,
he he he's contending he has contended that
Islam
should not be
a requirement
for a valid niyyah.
You know,
people's actions will not be accepted without Islam,
but we should not say that Islam is
required for a valid niyyah because he said
that there are just too many exceptions
for this Qaeda to be a Qaeda anyway.
Because he says
that
there are numerous exceptions,
and he mentioned among them,
divorce, sale,
vow, oath,
all of these things,
basically are
accept
accepted.
They are they are
liable, accountable.
And
their niyyah is considered
in all of these actions.
So perhaps Islam is a condition for an
niyyah in acts of Korba
or in the entitlement to reward in the
hereafter
or a primary condition for the validity of
acts of worship
followed by the conditions of sincerity
and adherence or and
correctness.
The evidence for this includes many verses on
hadiths.
Among them, if you were to associate others
with Allah, your deeds would surely become worthless
or in vain. So,
in general,
nobody is,
nobody is
intending
with the requirement
of an EIA for the reward and the
year after.
Nobody's contending with that.
Just like
is
EIA needed,
a valid
needed or considered?
You know, is considered,
from a nonbeliever?
In certain cases, we have mentioned some exceptions,
but,
other scholars have mentioned
other exceptions that when it comes to divorce,
we hold them by their nayah, just like,
just like Muslims,
are treated on the basis of their nayah
and divorce,
when it comes to vows, when it comes
to things of that nature. If we were
to judge between them,
then, we would certainly consider,
their NEA. And sales and and things of
that nature, when we judge between them, we
would certainly
consider
their as we consider,
for, Muslim.
Then then,
next to Islam is
is, sanity.
Reason.
And
so
there there are a couple of you know,
there are a few papers on,
accountability
for someone who's people minded
because there is, like, there there is the
insane person and then there is
the,
the sane person.
But there are
you know, it's like a spectrum,
you know, sometimes. And some people are almost
there
where you would wonder, are they accountable or
not?
Because they're they're just they're not there
completely.
So but but
here, we will consider this a binary.
And if you are interested, I can share
the the papers with you, but we are
considering the binary here.
And the binary here is sane and insane.
And if you are insane,
then your NEA is not,
valid.
Your naya
is not valid, and you're not accountable to
begin with.
So in,
Ibn al Najjar's,
book that ibn al Najjar himself wrote, and
he wrote a commentary on.
So Muhammad al Nuh is his own commentary
on his own, which
is,
Al Muntaha.
So
the intention of is
made,
for a deceased or on behalf of a
deceased
person or and an insane person who's being
watched because it is impossible from them. So
the deceased will not make an AU and
the in person is not,
able to make an AU.
So now this is the the the sanity
part or the reason part, but they are
interconnected,
you know, at the miz
and sanity.
So let us say,
let's talk about the miz a little bit,
which is discernment
discernment.
So what is the or
discernment?
Or
discernment
is
you know, some people basically attach the number
to it and,
you know, according to the math hub, the
number is 7.
7 is the number 7 years of age
is the number for reaching
the maze
or discernment.
That's according to the math hub. In the
mad hub, 6 was mentioned,
10 was mentioned,
but, you know, the dominant view in the
mad hub is,
7.
What do we mean, like, in the math
hub 6 or 7 mentioned in you know,
some scholars
that are
important in the math hub mentioned 6, and
some more important scholars in the math hub
mentioned 10.
But the dominant view in the math hub
is 7.
And there is a a another view in
the mad hub that is not the dominant
view, but it is close to the dominant
view, which is what?
That's the.
It varies.
No. Puberty is not.
We're not talking about
majority. We're not talking about adulthood here. We're
talking about discernment
discernment.
So majority or adulthood is not required for
the Neia.
Majority or adulthood is required for an obligation
obligation
of certain,
you know,
for for accountability
in general accountability in general. Although,
in the Hanbari mad hub, there is this
variant position, which is not the dominant view
in the mad hub, that discerning
children are also accountable.
But that's not the dominant view in the
mad hub. Anyway, so discernment
varies
according to a less
sort of dominant or a less, a lesser
view
in the in the mad hub. So it
varies.
Hamal khatab
warudbjab
and sahi or
the person who comprehends the speech and gives
appropriate answers is the discerning child. And they
said it varies, his comprehension varies.
You know, kids' comprehension varies. Some of the
kids,
you know, reach this earlier.
Some reach this
later.
Some people never reach it.
Then
so there are certain exceptions.
There are certain exceptions
here
when it comes to
remember,
you know, what before I forget,
when we came to knowing the intended knowledge
of the intended, I didn't, basically separate this
because it's a given. You have to have
knowledge of the intended. Otherwise,
you can't have an EIA without knowing
what you're intending. You have to have knowledge
of the intended.
There is,
like, a little
exception here, which is the so called the
haraam al mubham.
It's a ambiguous haraam. You get into a
state of haraam,
to do the rituals, the nusuk, of Hajj
and or umrah,
and you you basically make a haram
like the haram. You get in a state
of a haram
that is
like the haram of someone else.
So like you say,
you're like a husband and wife going to
Hajj,
and then
the wife, for instance,
or the husband
doesn't know what the other spouse is,
making a like, you you you
you missed the flight,
and your husband goes first,
and you want to make a haram now,
before the,
and then you didn't know if your husband
says he's making the or
Quran or
ifrad or what, you can make a Haram
just like the one your husband made
or the one your wife made.
And that that is
unspecified,
but it is still acceptable
because Ali made
haram
like the one the prophet
made. He did not specify,
and, the prophet did not correct him and
and it was accepted.
Therefore,
it's basically,
valid without complete knowledge of the intended.
There is still a nusuk. You're still going
to, you know, Mecca.
There is still a nusuk there,
but is it Hajj,
alone? Is it Hajj and Umrah combined?
Is it Umrah then
Hajj afterwards?
Or in between them, there is Tahaalul?
You you're not sure what you want to
do.
So you make a Haram,
the the same Haram of someone else, and
then it would count and it would be
valid.
Having said that,
Hajj and Umrah are very special
because
the the requirement of, for
the validity of,
is not even,
there is no even such requirement when it
comes to Hajan,
because a child,
baby, a newborn
can make Hajj and Umrah. And that's because
a woman
basically lifted her,
child up to the prophet
and said that he had a Hajj, and
he said,
He said, yes, and you will have a
reward.
So since the prophet
said this, it is basically
to to,
comfort people who need to take their kids
to Hajj with them or need to take
their, kids to Umrah with them that their
kids will also get a reward.
It will also count for their kids,
and they will get a reward. So both
the child and parent will get a reward.
A child or will they will, get a
reward.
Now the the last thing that we wanted
to mention so so, it it's clear now
that the the requirement,
is,
you know, is not required
in Hajj and Umrah. That knowledge is not
required in the type of a Haram. Otherwise,
all of these would apply.
So,
and and the thing that will apply all
the time is.
There is no reward without.
Now
and I want you to still remember this
because
you want to remember,
you you want to have a foundation. When
when you when you get into
controversial issues, just make sure
that you're not dismissing,
scholarly positions
that are
a little bit
different,
or a little bit eccentric,
or a little bit not mainstream. You're not
dismissing them. But, again, they are not competing
with mainstream
in your mind as a student of knowledge.
Eventually,
eventually,
the
we would need to be
sort of open minded
to
positions that are
defensible.
When a scholar has a defensible position and
shows you know, brings,
you know, on
their defense,
for their position. We we do not want
to dismiss this. But as
a, you
want to make sure that you get all
the mainstream positions first,
ingrained,
and
then without dismissing,
without belittling
other positions.
You are aware of the presence
of other positions,
but the other positions also are not
competing with the mainstream positions in your understanding
so that your foundation
is based on the mainstream positions
and
not,
what?
Yeah. Yeah. You just like you have to
have a solid coherent
foundation based on the mainstream positions
and any eccentric position. Because an eccentric position
may eventually be mainstreamed.
An eccentric position may eventually be may be
be mainstreamed,
but that is a collective work of the
ommah.
The ommah will, do this
collectively.
Majamal Fakayyah
basically had mainstreamed,
positions
that may have,
been eccentric at some point.
So Imam al Fatima's positions on divorce are
mainstreamed in many, many countries now.
Like, they were considered eccentric by, you know,
contemporary scholars at some time. Three divorces counting
as one. This was considered an eccentric position
at some point,
but then it had been eventually mainstreamed.
That's basically
the the law in,
you know, most of the,
countries that I know of.
So
so yes.
The the idea here is for you to
just
understand a little bit. So when when we
talk about the conditions of validity of the,
you want to remember Islam and and Islam
and
the knowledge of the intended.
And then so you want to remember this.
And then you may also if you're able
to remember that some scholars said Islam really
is not required for an idea to be
considered because we do consider the of a
non Muslim in their divorce, in their sales,
in their vows,
you know, in in multitudes of issues, in,
you know, the kafarat,
in, you know, the host of the
and all of that stuff.
You'd if you are able to key to
remember this as well,
that's fine.
But,
you know,
the the the base, the foundation is
what are the requirements of a valid Islam,
knowledge of the intended.
Absence of nullifiers.
What are the requirements of a valid
Islam,
knowledge of the intended
absence of nullifiers.
Okay.
So
the final thing that we will, discuss here
is a sakran a sakran.
Sakran and the drunk person,
the person who lost his
or his raisin
by drinking.
So sakran
or the intoxicated
intoxicated.
So
sakran
there are 2 different types of sakran.
So sakran
that is not
sinful,
no sin,
that is sinful.
What's the difference between the that's non sinful
and the who's sinful?
This guy
just, you know,
you know,
he's he's old enough old enough. Like, you
know, some people here,
gets into, you know, like, something to drink.
They use he's drinking juice or drinking
whatever.
And,
he's not even
even able to tell them apart by taste,
and he keeps on drinking the juice until
he gets intoxicated.
Yeah.
Well, some people will. Some people have never
tasted wine have never tasted wine.
So I, you know, like, if,
yeah. So this this could happen to some
people.
So this is non sinful.
This is a person who was given medicine.
This is a person who was prescribed medicine
that just make it made them lose it,
or
the you know, under the effect of,
some medication or coming out of anesthesia or
something or
so this would be non sinful sacron,
non sinful ex intoxicated.
How do we treat him?
We we don't hold him accountable.
We don't hold him accountable,
and he should not be held accountable.
Now the problem is the sinful Sakran, what
do we do with them?
So they treated him.
They were very, like, hard on him,
because it's it's just like he did it
himself. He brought it on himself. So,
So
do you know the the nun the
child?
The child, discerning child? We did not mention
this.
Discerning child. What's the difference between discerning and
nondiscerning
child and,
adult?
Nondiscerning
discerning
adult. So 1, nondiscerning.
2, discerning.
3, adults. Do you have anything else? No.
You don't.
So non discerning, 0 to 7.
According to our method, we said that some
of the scholars said it varies. According to
the method, 0 to 7.
7 to puberty,
discerning.
Pupers
puberty onwards,
adult.
What's the difference between the the the 3?
And, certainly,
a is a different issue.
Comes after puberty. This is basically when when
you are
given your wealth because you can dispose of
it properly and stuff like that. But we're
not talking about this. We're just talking about
the validity of deeds here and the validity
of Korbat, the acts of worship, and so
on.
For for the nondiscerning
nondiscerning,
So
means that
the deeds is the pen, you know.
So nothing is being recorded
for him or against him, with the exception
of
Hajj al Umrah, as we said.
They will be recorded for him. That's the
non discerning.
Discerning,
what what is what is with a discerning
child?
Deeds will be recorded
for them, not against them. If they do
good deeds, because they have the capacity to
intended a good
Their is now valid
because there is a sharp, not puberty.
A 10 year old can have a good
We all know this. It's it's it's quite
clear. You don't have to wait for puberty
to have a to have a proper.
A 10 year old can have a proper.
An 11 year old can have a proper.
Okay.
So,
these are recorded
for him, not against him. We did say
there is a variant position in the Hambari
Madhab that is not the dominant position, that
is not the dominant position
that
that deeds will be recorded for him and
against him also.
Like, if a 10 year old
does something really bad,
it would be recorded them. But
that is not the dominant position in the
mad hub, and that is not the position
in the 3 other.
So this is not the dominant position. This
is not the mainstream position in Islam in
general. The mainstream position in Islam defined by
the Mu'tamid in the form is the.
These would not be recorded against them. Okay?
So
now once you you hit puberty,
then
so the deeds will be recorded for and
against,
the person who reached,
puberty.
So
this,
this,
sinful,
an intoxicated
person,
is the opposite.
So he
he
things he would be things will be held
against him, not for him. And this is
basically from our perspective here. If we're judging
here in in this life, from our perspective
and our judgment here,
we will, basically hold him
hold things against him, but not for him.
Meaning, what?
All of his will
not be accepted,
because he is not he like,
is not valid.
Yet,
when he messes up, it would all be
held against him. And
this is basically what they say here. I'll
read it, for you.
And this has been also,
this important Hanbali book.
I'll read the English.
A drunken person is held accountable for for
all their statements and actions, including
those that require reason,
those that require reason. We're holding it against
them,
such as confession, slander, zihar,
Ilah,
oath of abstention,
theft, adultery,
sale,
purchase, endowment,
loan, taking custody of a trust, apostasy.
Because the companions treated them like a sober
person
by implementing the had of slander.
However, they are not accountable
for actions
as performing tawaf,
sigh, fasting, and prayer as these acts require
intention, and the drunken person is not capable
of it.
So what are we doing here?
So
that we apply the rulings against him, not
for him. Anything he does bad,
he's held accountable.
As a deterrent
as a deterrent so that people know that
if you get intoxicated,
you you will be charged with everything you
do. You will be held accountable for everything
you do if you get intoxicated.
And now their proof is
the Sahaba
applied the had of to the sikran. When
the Sahaba talked about the had of the
sikran,
they said,
So they they say that when he becomes
intoxicated,
he he will or
he will just
speak senselessly.
And when he does this,
he will,
basically,
commit iftarah
or, you know, in in you know, to
to accuse
these people of
indecency,
or or xenophobia.
And then,
we we should apply the had of us
to him.
Now
having said that having said that,
this is the position in the mad hub.
This is the Muhammed of the mad hub.
Keep in mind
that the Imam al Nithaima
and people,
like, who accept
people and and many of the people who
came after him,
including Imam Ibn Al
Qayyim,
which well, you should not say it's not
unexpected
because Imam Ibn Al Qayyim
is a
sort of a
a first tier scholar,
but he usually sided with his chief, on
most of the issues.
They said that, no, he would not be
held accountable.
It is enough that we are applying the
had. It's not it's not like he's getting
off the hook. He's well, he's already going
to be.
He will apply the punishment of suk. But
had the suk
itself
does not mean that they held him accountable.
They applied the a punishment for the Sukhre
itself,
but not for
everything that he was doing as he was.
So when the Sahaba punished the sakran,
they applied a had before the very active
suk.
But it's not a it's not that he
of course, it left destruction. He will be
responsible for his left. We said that the
a child, an innocent child, is responsible for
destroying property.
So we will certainly hold the the sakran
responsible for destroying property. But,
the punishment for the sakran
was meant to be for the very active
suk. Whatever he does when he is intoxicated,
even if he is sinful,
it will not be held against them if
it requires reason. So they did not count,
most importantly,
here,
So that's a position of, a point of,
disagreement.
Imam Al Taymiyyah did not count.
He said that his divorce does not count
because,
you know, Akhil is a requirement
for divorce,
to to to take place. You have to
know what is intended, and you have to
intend it.
And even if you're sinful,
we will basically
We will apply the to
you, but we will not count your divorce
or the divorce that you utter it, during
your
intoxication.
And that brings us to the end of
this,
session.
I hope it was not too complicated. Next
time, we will talk about the absence of
nullifiers.
Adam al Munafi. Conditions of the validity of
the are
Islam.
Islam,
reason, sanity,
discernment,
knowledge of the intended,
absence of nullifiers.
We finished the first
3 or 4,
if you count them as 4. And then
we have Adam Al Munafi. Adam Al Munafi,
absence of nullifiers,
would take the next 2 or 3 lectures
because there are so many things that we
will talk about
such
as mixed intentions,
you know, and what, you know, what what
happens with,
mixed intentions,
and things of that nature or hesitation
or reluctance.
And we would come back at 9:30.