Hatem al-Haj – QWD013 The Coherence of Sharia – About the Intention
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AI: Transcript ©
Bismillahirrahmanirrahim.
As-salamu alaykum wa rahmatullah wa barakatuh.
Bismillahirrahmanirrahim.
As-salamu alaykum wa rahmatullah wa barakatuh.
To proceed, so today insha'Allah we will
go over the last part of the guidelines
and benefits for the first maxim, first major
maxim.
Okay, just to make sure that I don't
go over time.
We're talking about the first major legal maxim.
And which part of the book is this?
Part one, part two, part three, part four?
It's part two, because part one was the
introductions, and we were done with the ten
introductions.
And then part two are the major legal
maxims and their branches.
Part three will be the other legal maxims.
Maybe we'll have to call them minor legal
maxims.
And then part three, part four will be
the guidelines.
So we will translate the daabit as regulators.
They are little maxims, small maxims.
Okay, so this is part two, and part
two will be the five major legal maxims,
the comprehensive major legal maxims.
One of them is al-umur wa maqasadiha,
and this is the first one.
And this has been for the vast majority
of scholars, the first one, al-umur wa
maqasadiha.
And then what did we talk about before?
The first thing we talked about was clarification,
so clarification on other expressions.
The second thing we talked about was justification,
or the evidence for the legal maxim.
And the third is guidelines and benefits, and
the benefits.
And the fourth would be what?
The branches.
Okay, the branches.
We'll start with the branches, you know, next
session, inshallah.
Guidelines and benefits, here we are.
And we talked about which guidelines.
We talked about the benefit of niyyah.
So if we were talking about maqasad or
niyyat, the first thing we talked about was
the benefit of niyyah.
The second thing would be the actions that
don't require niyyah, not requiring niyyah.
The third that we talked about was the
conditions of validity of the niyyah.
And we stayed there for quite some time
because there are the positive conditions, the things
that need to be there, and the negative
conditions, the things that should not be there
for the niyyah to be valid.
Then what did we talk about?
We talked about whether the niyyah is a
condition itself or a pillar.
Is it a shart or a raqn?
We talked about this last time, right?
And then we talked about mahal al-niyyah,
the place of the niyyah, and whether utterance
of the niyyah is needed or not, whether
you need to utter it or not.
Remember last time we said that in Hajj
al-Umrah and Uthaya, there may be some
question there whether this is a niyyah that
is uttered or not, but you need to
do the utterance anyway just to follow the
Prophet ﷺ.
And then today, inshallah, we will finish the
guidelines and the benefits.
We have only two things to finish the
guidelines and benefits.
One of them is waqt al-niyyah, aiming
for the niyyah, and the other one is
kayfiyyat al-niyyah, and that is the how
-ness of the niyyah, or basically the modality
or the how-ness, or how can you
make a valid niyyah for each ibadah, for
each act of worship.
Okay, these are the two things that we
will talk about today, inshallah.
First, waqt al-niyyah, that is timing for
the intention.
So when do you need to make the
intention?
Like you want to give zakat, you want
to fast, you want to pray, when should
you have the intention?
This is not a small discussion.
This may sound like, what's the big deal,
you just make the niyyah.
But when do you make the niyyah?
So Imam Ahmad said in a narration from
Hanbal, he said, أحب لكل من عمل عملا
من صلاة أو صيام أو صدقة أو نوع
من أنواع البر أن تكون النية متقدمة في
ذلك قبل الفعل.
قال النبي صلى الله عليه وسلم, فهذا يأتي
على كل أمر من الأمور.
That applies to everything.
So I prefer for anyone who performs an
act of worship such as prayer, fasting, charity
or any type of good deed, that the
intention precedes the act.
You have to always be purposeful.
Like your life has to be meaningful.
You should have a niyyah.
You should make sure that you are purposeful
in every action.
And then Imam Ahmad proceeded to say, the
Prophet صلى الله عليه وسلم said, actions are
judged by intentions.
Actions are judged by intentions.
This applies to all matters.
And that's the end of Imam Ahmad's statement.
So in Mataalib ul-Innuha, the book that's
called Mataalib ul-Innuha, Mataalib ul-Innuha was
written by Rahaybani.
That's one of the latest great Hanbali scholars,
Rahaybani.
He wrote the book Mataalib ul-Innuha, which
is a commentary on Ghayat al-Muntaha.
It's a book written by Mar'i al
-Karmi.
These are all great Imams.
Rahaybani was a 13th century scholar.
Mar'i al-Karmi was an 11th century
scholar.
Mar'i al-Karmi died in 1033.
Rahaybani died in the middle of the 13th
century, 1240-something.
So they are separated by 200 years.
So Mar'i al-Karmi wrote Ghayat al
-Muntaha.
Remember Ghayat al-Muntaha does what?
Brings what and what together?
Brings al-Iqna' al-Muntaha together.
Brings al-Iqna' al-Muntaha together.
So that's Ghayat al-Muntaha.
Ghayat al-Muntaha brings al-Iqna' al-Muntaha
together.
That is Mar'i al-Karmi.
Then Rahaybani came and wrote a commentary, which
is called the Mataalib ul-Innuha.
People of intellect, ul-Innuha, people of intellect.
So in this book, Mataalib ul-Innuha, so
Rahaybani is not separated from us by too
long, by the way.
He's almost a contemporary scholar, like 200 years
ago.
So it's not like 700, 900, just 200
years ago, just yesterday.
So in Mataalib ul-Innuha, Imam Rahaybani said,
and it is regarding the niyyah.
He said, and its time is the beginning
of the act or shortly before it.
Its time is the beginning of the act
or shortly before it.
Except fasting.
So the intention for fasting is valid from
the beginning of the night.
The intention for fasting is valid from the
beginning of the night.
In Ghayat al-Muntaha, that is the matna
that Rahaybani wrote the commentary on.
It says, regarding the intention for ablution, Ghayat
al-Muntaha is considered like a book, like
a kitab.
So in Ghayat al-Muntaha, regarding the intention
for ablution, he said it's invalid if it
is advanced by a long time according to
custom.
If it is advanced by a long time,
according to custom.
Why is he saying according to custom?
Because, And this is a legal maxim.
You will find it in Qa'd an-Nuraniyya
by the Imam Ibn Taymiyyah.
And certainly it's an agreed upon legal maxim.
That which is not qualified by the shara
will be qualified by the orf, custom.
So whenever they say not too long, not
too short, so what is too long, what's
too short?
Certainly the Prophet ﷺ did not say 45
seconds.
Then it will be the customary thing.
We will refer this back to custom.
However, advancing it by a short time is
acceptable and it does not invalidate it if
a small act is performed before commencing the
worship.
So if it is between the niyyah and
the beginning of the act of worship, all
of this is important because here, at the
beginning of the act of worship, all you
have is the niyyah in effect, not in
reality.
So it's not like you have to have
the niyyah now when you're starting the act
of worship, but you should not have interrupted,
disrupted, terminated the niyyah when you start your
worship.
So the niyyah here will be effective by
istashab, by continuity.
So since you just have the niyyah and
you didn't interrupt it, you have it.
Even though you may not be actively remembering
the niyyah at the beginning.
So shortly before the act of worship would
be fine.
And even if you do something little, you
know, between this and that, you know, you
just walked into the masjid and then you
went to put your shoes on or something,
you know, like a little action, not too
much, a little act would not invalidate it
if it separates between the niyyah and the
beginning of the act of worship.
Then in Kashaf al-Qanaa, Kashaf al-Qanaa
is a commentary on which book?
Al-Iqnaa.
Al-Iqnaa is one of the two more
important books that we talked about before.
We said that we have Kashaf al-Qanaa,
Al-Iqnaa, and Al-Muntaha.
Al-Iqnaa is written by Al-Imam Al
-Hajjawi.
Al-Muntaha is written by Al-Imam Ibn
al-Najjar.
Okay.
Al-Hajjawi died in 960, rahimahullah, and al
-Najjar in 972.
They were contemporary scholars.
Each one of them wrote one of the
two most important books according to the latter
Hanbalis.
We can't say these are the most important
books in the history of the Madhhab because
these people are not more important than Ibn
Qudamah and his writings or Al-Qadi Abu
Ya'ran and his writings, but the most
important books according to the latter generations, Al
-Iqnaa and Al-Muntaha.
Okay.
So in Kashaf al-Qanaa, and Kashaf al
-Qanaa is basically a commentary on Al-Iqnaa
that was written by Al-Buhuti.
Al-Buhuti died in 1051.
1051, yeah.
Al-Buhuti died in 1051.
So he was not separated from them by
a very long time.
He was not separated from al-Hajjawi and
al-Najjar by a very long time.
So in Kashaf al-Qanaa, it says here,
it's permissible to advance it, the intention, meaning
the intention before purification, by a short time,
such as for prayer.
The same applies to prayer, purification or prayer.
It's permissible to advance it by a short
time.
And zakat also.
And it is not invalidated by a small
act before the beginning.
So now the exception.
The exception is the intention for fasting.
And the intention for fasting can be done,
like if you have to do it right
before, then you have to be awake right
when the adhan starts.
And right before, you know, if the adhan
is like at 5.31, you have to
make sure that you are awake at 5
.30 to make your niyyah.
Okay, so this would be a hardship.
Therefore, the niyyah for fasting every day in
Ramadan, and we will come to how to
make a niyyah for Ramadan, but the niyyah
for fasting every day of Ramadan can be
done anytime at night.
How do you do it?
If you just know that you're fasting tomorrow,
that's the niyyah.
If you know that you're fasting tomorrow, then
that's the niyyah.
But what if you go into a coma
the entire night, or you are asleep the
entire night?
According to the madhab, and we will come
to address this, you can't fast.
That's not acceptable.
You can't have a niyyah when you're in
a coma or you're asleep.
Okay, so the intention for fasting is permitted
to be made before dawn due to the
difficulty in observing it.
And the Prophet ﷺ said, لَا سِيَامَ لِمَنْ
لَمْ يَفْرَضْهُمْ مِنَ اللَّيْلِ There is no fasting
for one who did not make it binding
at night.
You know, من اللَّيْلِ, at night.
So why is this discussion important?
Because people were obsessing about this.
People were obsessing about when to make the
niyyah.
Well, nowadays people are relaxed about everything.
So nobody is obsessing about anything.
Not that obsession is a good thing.
It's not a good thing.
It's devastating.
And then when you have someone obsessing about
anything nowadays, you know that he has OCD.
It's not like extra piety most of the
time.
It's just like OCD.
It's just like an illness that needs to
be treated.
People in the past that were a little
bit better than us, and when they were
less knowledgeable, it just takes the type of
وَرَعَ عَابِد that is not knowledgeable, that's not
عَالِم to befall themselves into all kinds of
hardship.
Because they obsess about things and they don't
know what's right.
So during the time of Imam Taymiyyah, people
would spend so much time to figure out
how to make the niyyah, you know, even
at the beginning of the salah.
And they felt that the niyyah should be
concurrent with the takbir.
Concurrent with the takbir.
So when you say Allahu Akbar, you have
to have all the niyyah in your mind.
You have to have all the niyyah in
your mind.
So let us see how he addresses this,
and let us see, he gives a fatwa
about this, but let us see how he
addresses it, because it's really beautiful, and it
teaches you a lot about fiqh, and about,
you know, the right way to make fiqh.
Even you find someone as oppositional to Imam
Taymiyyah, as Dr. Ali Jumaa, who was the
ex-mufti of Egypt, he said that Imam
Taymiyyah, you know, he called him Imam sometimes,
when he's in the right mood, and then
he bashes him other times, and slanders him
other times, it varies, it depends.
So he said that Imam Taymiyyah was one
of the prominent figures who related divine rulings
to people's daily lives, and to people's actual
life.
And we will see how, you know, something
like this would concern him, because it's causing
hardship to the believers, and it's preventing them
from properly worshipping Allah subhanahu wa ta'ala,
and Al-Ubudiyyah, that's the name of one
of his books, was his main concern, how
to properly worship God, right servitude to God.
So let's just dissect this fatwa, because if
you look at the anatomy of this fatwa,
of this fatwa, it's really splendid.
He said, regarding the niyyah, and the fact
that it does not have to be concurrent,
you know, to the takbir, so he says,
we do not know of any disagreement in
the madhhab that it is permissible for the
intention to proceed takbir, and it suffices just
to maintain its validity in effect.
So we do not know of any disagreement
in the madhhab that the niyyah can proceed
the takbir, and it suffices to be concurrent
with the takbir in effect, meaning what?
You're not actively remembering it, but you did
not terminate it.
You just had the niyyah coming in to
the prayer, you walked into the masjid, you
prayed dhuhr, you walked into the masjid to
pray dhuhr, you had the niyyah, you didn't
terminate it.
It doesn't have to be concurrent with the
takbir.
So he says, no disagreement in the madhhab,
and that is the first thing that we
would comment about.
No disagreement in the madhhab, that you could
advance the niyyah.
So he then says, because it is part
of the prayer, so it is permissible for
the intention to be considered as having been
continued in a legal sense, even if it
is not actively remembered, just as with the
other parts of the prayer.
Okay, so this is the second part that
we would comment about.
Part of the prayer.
So if you don't have to actively remember
the niyyah, agreement within the madhhab, throughout the
prayer, then the takbir also is part of
the prayer.
So if you have the niyyah from before,
the niyyah started here, and this is your
takbir, this is your ruku'a, this is
your sujood, the niyyah started here, and we
said that the niyyah continues in effect legally,
that you have the niyyah unless you terminate
it, even if you are not actively remembering
it.
If we said that this is the case
here in ruku'a, and this is the
case here in sujood, takbir is also part
of the prayer.
So what applies to ruku'a and sujood
should apply here as well.
Then he says, this is also because requiring
the intention to be concurrent with the takbir
would be difficult and burdensome for many people,
and would open the door to waswas, to
obsessions, leading them away from the purpose of
prayer to unnecessary talk and idle chatter.
Because they kept on trying to bring in
the niyyah, bring in the niyyah, bring in
the niyyah, and talk to themselves to bring
in the niyyah.
So difficult and would lead to waswas, obsessions.
Okay, then he says, this is also because
the purpose of the intention is to distinguish
one act from another, and this is achieved
by the intention being either concurrent or advanced.
So what's the purpose of the niyyah?
When we talked about the benefits of the
niyyah, is to distinguish adah from ibadah, and
to distinguish ta'ibadah from one another.
To distinguish custom from worship, and to distinguish
the acts of worship from one another.
To distinguish.
And if you come in to pray dhuhr,
and this is your niyyah, you're walking into
the masjid to pray dhuhr, you have distinguished
to this act, even if you're not actively
remembering the niyyah, or bringing it into your
heart concurrent with the takbir.
Then he says, the known practice of the
Prophet ﷺ and his companions was that they
perform takbir with ease and simplicity, without undue
complexity or hardship.
If concurrence were obligatory, they would have needed
to adopt that approach.
During the time of the Prophet, he would
be like you, standing there at the beginning
of the prayer, trying to figure out the
niyyah, and making all the commotion.
So, prophetic practice.
This is another argument.
Then he says, Moreover, the worshipper needs to
intend the prayer, and specify its type, time,
and whether it is obligatory, according to those
who consider this.
These intentions in the heart cannot be present
at the very first letter of the takbir.
So, to be concurrent, you need to, because
you don't have just one niyyah, because you
have dhuhr from Asr, you have dhuhr from
Qadha, whether this is dhan on the proper
time, or make-up, and certainly people would
say, imam or ma'mum, or this or that,
and people would try to bring in so
many other things, mustaqbil al-qibla, fithin al
-qibla, and so on.
So, all of these things cannot be concurrent
with each one of the letters of takbir.
So, they have to be spread out over
the letters of takbir.
Then, you can't really, it's impossible.
So, he's using this argument, what you're trying
to achieve is impossible to achieve.
To make all the niyyah concurrent with every
letter of takbir is impossible.
Impossible to achieve.
Okay, then, he says, if these intentions are,
you know, he continues this, this same argument,
if these intentions are spread over the letters
of takbir, the beginning of takbir would lack
the required intention, and the end would have
only a part of the intention.
It's clear that it is impossible for the
considered intention to be simultaneous with takbir, or
part of its components.
What is feasible is to perform takbir following
the valid intention.
And then, he finishes this by saying, and
since takbir is meaningful speech, it's necessary to
ponder it, conceptualize it, and understand it.
So, you're too busy making the niyyah, and
you're forgetting that takbir itself requires reflection.
Takbir itself needs your attention.
Needs your attention.
Takbir is huge.
When you say Allah is greater, you have
probably heard lectures by scholars talking about just
the meanings packed into takbir and what it
means.
So, if you look at all of these
arguments, you will find these are the arguments.
So, what is what are the bases for
these arguments?
One of the bases is textual or scriptural,
and that's, you know, hambalism.
Like, if you're a hambali, you have to
basically always include that, where can you define
this?
Where can you find this?
Prophetic practice is here.
Okay, the other one would be the technical
and faqih, and where can you find this?
It's part of the prayer, so what applies
to the other parts applies to it.
Okay, and the distinguished and the distinguishes.
Okay.
Hmm?
It's difficult also, so he's including mashaqa tajribatays
here.
So, certainly technical can be many, but also,
you know, where is the traditional part here?
Where is the fact that he is not
basically divorcing the tradition?
He is saying, I am doing this within
the tradition.
It's here.
There is no disagreement in the hambali madhhab
that the niyyah can precede the bir.
Okay, so where is the part that is
objective-oriented?
Objective-oriented?
It is here.
You know, you're distracting yourself from takbir.
Takbir is meaningful speech.
You need to pay attention to takbir and
the meanings of takbir.
Where is the part that is rational?
It's here.
Impossible to achieve what you're trying to do.
So just use your mind.
It is impossible to make it concurrent with
every letter of takbir.
Use your mind.
Where is practicable?
Practicable and at the same time concerned with
the worshipper.
It's like user-friendly.
Concerned with the practitioner.
It's here.
Difficult and waswas.
You're making your life difficult.
You're pushing yourself into waswasa or obsessiveness.
So I think that these are elements that
every faqih needs to be observing.
It should be objective-oriented.
Objective-oriented.
Maqasadi.
It should be.
It should respect the text of Revelation.
Certainly.
It should be rational.
Because to be Sunni does not mean that
you are irrational.
To be textualist or scripturalist does not mean
that you must be irrational.
You should be irrational.
And it should be practicable.
Practicable.
Because otherwise if you give the people fatawa
that will overwhelm them exhaust them impossible to
apply then that certainly can be devastating to
their practice.
Then it should be technically right.
It should be a faqih argument.
There should be a sound faqih argument.
So you don't just say the maqasad say
this or the maqasad say that.
That's flimsy.
You should make sure that the qawa'id,
the maxims, the principles of faqh are not
violated.
Because you should not create a conflict between
the maqasad and the qawa'id.
Between the objectives and the principles and maxims
of faqh.
You should not either create a conflict between
the maqasad and the text of Revelation.
And finally it should be respectful of the
tradition.
So you're not basically doing it from scratch
disregarding or dismissing the entire tradition.
So I thought that this was like a
complete fatwa.
So when do we make dana'ya?
We should make dana'ya before the act
of worship.
And as long as it's not too long
before and that's based on custom it should
be continued.
In effect the ruling of dana'ya is
continued so you don't need to worry about
this concurrence thing.
And that applies to all acts of worship
except for fasting because in fasting it doesn't
have to be right before the act of
worship.
It could be any time at night you
make dana'ya for the following day of
Ramadan.
And then we'll talk a little bit more
about how to make dana'ya.
How to make a proper dana'ya.
A fi'yat al-niyyah al-mujzi'ah
or the proper way of making valid intentions.
So it says here jurists expand on the
discussion of the intention that suffices.
Here we briefly outline some.
As for wudu' any intention of lifting the
ritual impurity or permitting an action that requires
ritual purity suffices.
Even if one intended renewal of wudu' while
forgetting his state of impurity it is still
lifted.
Likewise if one intended a recommended ghusl it
would still suffice for the obligatory ghusl in
the stronger view.
I'll read the whole thing about wudu' and
then we will dissect it.
However if one intended an undefined wudu' or
ghusl, his impurity would not be lifted.
If one performs ghusl intending to remove the
major impurity or perform an act permitted by
its removal the minor impurity would not be
lifted.
So this makes you dizzy but here's what
they're trying to say in the Hanbali Madhhab
when it comes to wudu' and ghusl how
do you make the niyyah for wudu' and
ghusl?
Let me give you the bottom line so
that you're comfortable with whatever it is that
you will be doing and then we can
get into the sort of academic details.
The bottom line is whenever you make wudu'
and ghusl make it with the intention of
removing all hadath, ritual impurity.
Make it of the intention of removing all
hadath or make it with the intention of
permitting something that would require both types of
purity, major and minor ritual purity.
What would require both types of purity?
Salah, you can't pray if you're missing the
major and tawaf according to the jumu'ah
many things but when you make wudu' or
ghusl make it with the intention that you're
removing all ritual impurities all hadath, whether they're
major or minor so what is major?
Menstruation for instance, that's major ritual impurity Janabah,
sexual impurity major ritual impurity what is minor?
Like having used the bathroom and things of
that nature that would break, nullify your wudu'
that is minor ritual impurity.
Now when you make wudu' or ghusl, just
make your wudu' and ghusl with the intent
and if you're going to make a recommended
ghusl like a jumu'ah or ghusl or
any recommended ghusl just make it with the
intention of recommended ghusl plus removing all ritual
impurities all ritual impurities, in this case you
will not need to make a separate wudu'
in this case you will not need to
make a separate wudu' because the ghusl will
suffice for both ghusl and wudu' having said
that, here is the discussion if one intended
an undefined wudu' or ghusl his impurity would
not be lifted so he said that your
impurity will be lifted with wudu' and ghusl
even if you do not intend to lift
any impurity did he say that or not?
he said if you forget that you have
ritual impurity and then you make a sunnah
wudu' you're angry and you go make a
sunnah wudu' because you're angry will your ritual
impurity be lifted?
keep in mind, you don't even remember that
you have ritual impurity you don't remember it
but you go make a sunnah wudu' will
your ritual impurity be lifted by this sunnah
wudu'?
yes, he says yes it will be lifted
because you're making a ritual wudu' which is
different from a habitual cleaning or something but
the mutlaq, the undefined the undefined wudu' and
ghusl I'm not quite sure if you're making
a ritual like if this is for God
if this is the Islamic ritual wudu' you're
just making a mutlaq wudu' or ghusl and
people could even make this sometimes as a
habit not necessarily for any particular religious reason
then if you're making it mutlaq undefined, it
will not count and you will not have
wudu' or ghusl if one intended an undefined
wudu' or ghusl his impurity would not be
lifted the same applies to so they're very
flexible if you're making anything that is ritual,
recommended you have in mind that I am
making whether it's the obligatory or recommended whether
I am making it to remove the impurity
or to permit the acts, certain acts make
the wudu' and ghusl to remove your impurities
or to make permissible for yourself certain acts
that are not permitted without ritual purity combine
the niyyahs if you're able to but either
one would be sufficient keep in mind though
if you make a niyyah like you're going
to make ghusl and you make a niyyah
not to remove all ritual impurities but you
make a niyyah I'm going to make ghusl
because I want to sit in the masjid
because I want to read Quran sitting in
the masjid and reading Quran require wudu'?
No in this case your ghusl would not
suffice for wudu' because you made a ghusl
to sit in the masjid or to read
Quran unlike making ghusl to touch the mushaf
because according to the Hanbari's and in fact
the former dhahab it's a controversial issue whether
you need to have wudu' to touch the
mushaf or not most of the time you
guys use your iphone nowadays and your smartphones
and stuff like that so that's not required
for that however the mushaf itself the former
dhahab said that you need to have wudu'
to touch it in this case you make
ghusl with the intent of reading Quran does
that remove your minor ritual impurity no you
go make ghusl with the intent of touching
the mushaf does that remove your minor ritual
impurity yes, what is the difference because you
have intended to make ghusl to permit an
act that is only permissible with wudu' with
both types of purity major and minor ritual
purity make it easy for yourself every time
you make wudu' let's keep the questions until
the end but I will give some time
at the end for clarifications so make the
wudu' and ghusl make your wudu' and ghusl
with the intent of removing all the ritual
impurities that can be removed so of course
if you are making wudu' you can't remove
your sexual impurity just simply by wudu' but
with the intent of removing all the ritual
impurities that can be removed by this act
you will be fine so you are making
so salah and tawaf and things of that
nature these require the two purities salah, tawaf,
masjid al mushaf these require the two purities
the major and the minor qira'at al
quran, sitting in the masjid these things require
one purity also post-menstrual to basically make
a ghusl after the end of the period
simply to permit marital relationships this will not
do you much good when it comes to
wudu' you need to make wudu' because you
don't have to have wudu' to have a
sexual relationship marital intimacy therefore if you are
done with your period and you make ghusl
just to permit that that doesn't replace wudu'
you have to make wudu' but if you
do it with the intent of removing all
impurities it will suffice and if you want
to add to it some sunnah ghusl as
well that will work it will be fine
now as for tayammum tayammum is a little
bit different as for tayammum it's a little
bit different so does one need to intend
to permit the actions certain actions or lift
the impurity so in the madhhab there is
this agreement there is this agreement and as
I said and this is unorthodox but I
don't feel that people should be unorthodox my
god is Allah not orthodox but a little
bit unorthodox in the sense that people will
say that you have to follow the authorized
position in the madhhab sometimes these authorized positions
may be in conflict with the rest of
the madhhab in every madhhab there are certain
things so if there is a disagreement between
the scholars and it's not clear to you
it's not clear in your heart that this
is what Allah and his messenger want then
you can take whichever opinion you want in
your personal practice that is my belief, I
can defend it from here until next year
but it is not it's not popular nowadays
because nowadays people want to be defending orthodoxy
as if these scholars who said those views
that are not mawtamed were sort of like
a bunch of hippies or something anyway, so
as for tayammum does one need to intend
to permit the acts or to lift the
impurity no, one needs to in the madhhab,
in the authorized view there is a difference
between an academic discussion we certainly would not
make the authorized unauthorized and the unauthorized authorized
you would have to say this is the
mawtamed, this is the authorized view preponderant, dominant
view, popular view within the madhhab so the
popular view within the madhhab is that when
you make an intention for tayammum, it has
to be what to permit the act not
to lift the impurity the tayammum, rafa or
mubih rafa or mubih mubih in the madhhab
not rafa, rafa means it's the adjective from
yarafa to lift, lifter does it lift or
mubih permitter, does it permit or lift lift
your impurity or just simply permit you to
pray hasn't lifted your impurity it simply permitted
you to so when you say mubih it
will be a very unstable type of purity
or permission that can end by so many
things but this is the madhhab in the
madhhab there is a position that tayammum is
rafa is rafa which means it lifts your
impurity it is a substitute for wudu it
acts like wudu, it lifts your impurity if
it is a substitute for ghusl it acts
like ghusl, it lifts your impurity ok, then
what about the prayer it is stipulated that
specific prayer be designated which is the opinion
of the vast majority of scholars concerning every
obligatory act with a flexible time however, it
is also said that it suffices to intend
the obligation of the time you are coming
in to pray dhuhr and you came into
the masjid, they made takbir you want to
catch the takbir with the imam and then
you are not you can't remember if you
are here to pray dhuhr or asr or
if this is is it time for dhuhr,
time for asr, what is it should you
rush to make the takbir to catch it
with the imam or take your time to
make a decisive designation of which salah you
are making take your time you have to
remember which salah you have to sort out
dhuhr and asr in the mu'tamad, is there
another position that you could intend the obligation
of the time yes, but here honestly speaking,
the mu'tamad is much stronger because there is
a difference between dhuhr and asr dhuhr and
asr are distinct acts of worship distinct acts
of worship so in this case, you want
to take your time to remember what you
are doing also, if you forget like you
miss you miss dhuhr or asr and you
forget which one you missed can you just
make a salah, a make up for whatever
it is that you had missed or you
need to remember or you pray separately for
each one so in this case, designation is
important because salah, he says here this applies
he says here the opinion of the vast
majority of scholars concerning every obligatory act with
a flexible time flexible time in the istilah
is wajib muwassa versus mudayyak what is the
difference between this flexible time, what is this
restricted time what's an example on this?
Prayer because what is the difference between wajib
muwassa flexible, you could perform several of the
same act during this time so how many
dhuhrs could you pray between dhuhr and asr?
200 dhuhrs how many days of Ramadan can
you fast between fajr and maghrib?
only one so this is wajib mudayyak it
can only take that ibadah so we will
come to address this shortly as for zakah,
he says so the salah, you need to
designate it as for zakah, there is no
requirement to specify the wealth one may intend
it for the absent wealth while intending that
if it were destroyed it would apply to
the present wealth or be a voluntary charity
you have a property, zakatable property in the
democratic republic of what?
DRC inshallah you will have that but you
have property there that is zakatable you are
here, you are not sure whether this property
is still there or not you could make
an intention that I am paying zakat on
this property, this is my zakat on this
property if it was not present at the
time the zakat was due was destroyed, was
lost, the money was whatever then the zakat
I am paying now will go towards this
present property that I have in Massachusetts I
know that I have it I know I
am sure I have it so it will
go towards this and if not, it will
go towards the property that I have in
Massachusetts does that work?
works it works in the madhab, it doesn't
have to be designated even if you say
that this will go that this will be
for the property in the DRC and if
there is a country called DRC, right?
ok, I am just not making this up
because Asaballah looks like he doesn't believe it
so if there is ok, so if the
property there is nonexistent it will be nafl
for me it will be charity for me
like a sort of a recommended charity sunnah
charity does it work?
it's a little bit more difficult here and
there is more disagreement within the madhab here
there is disagreement on both but there is
more disagreement within the madhab here why is
this?
why there is more disagreement in the madhab
here?
because of this reluctance between wajib and nafl
because now you are paying zakat with the
intention that it is for the wajib but
if the wajib is nonexistent, it is nafl
ok if you pay zakat with combined intentions
do you remember this?
when we said when you combine two intentions
sometimes they validate they usually want to validate
one so if you combine the intention of
obligatory and sunnah hadj which one they would
validate for you?
hadj, the fard because if you came from
Indonesia just to do this they just want
to be merciful to you if you combine
wajib and sunnah prayers which one they validate
for you?
none if you combine wajib and sunnah charity
if you combine wajib and sunnah charity which
one they validate for you?
sunnah is this different from this case?
yes it is different you are not combining
intentions here this is an alternation you are
saying this is my zakat for this property
if it were destroyed or if it was
destroyed before the zakat due date then it
will go towards sunnah or charity so that's
fine so that's as far as zakat is
concerned as far as fasting is concerned intention
is obligatory for every night however some say
a single intention at the beginning of the
month suffices the intention must be specified during
the night so two issues here is the
intention required for the entire month of Ramadan
once Ramadan intend at the beginning if
you were with us it would look like
this what does this say?
I report in the Hanbali Madhhab and authorize
the view in the Maliki Madhhab you need
one intention in the beginning of the month
of Ramadan to act for all of Ramadan
now the authorized view in the Hanbali Madhhab
is that you need an intention for every
night the second issue is you need to
designate the intention at night if you're in
coma or you're asleep your fasting is not
accepted others hold that specification is not required
in Ramadan because it is an obligatory fast
with a restricted time restricted time versus what?
flexible time this is mudayyak the other one
is muassa mudayyak means what?
you can't do more than one act of
worship during this time of the same nature
so they're saying that you don't need to
specify it's a restricted time so whatever it
is that you intend it will go towards
Ramadan distinguished by its specific period therefore if
one intends general fasting it's considered for Ramadan
indeed some say that even if one intended
makeup or voluntary one it would be considered
for Ramadan and the mistake would not harm
him this is also the view of the
Hanafi school who argue that specifying what's already
specified is redundant so this would look like
what now?
what are they saying?
no need for specification you don't need to
specify that you're fasting the fast of Ramadan
this is Ramadan, it's redundant so that's what
they're saying so what does A and the
majority say you need to specify that this
is for Ramadan some scholars took a middle
position al-majd which is the grandfather of
the hafid ibn Taymiyyah al-hafid and ibn
Taymiyyah al-jad so ibn Taymiyyah al-jad
or ibn Taymiyyah the grandfather who's less popular
than the grandson but was a major major
Hanbali scholar sort of on the same footing
like ibn Qudamah although ibn Qudamah is a
little bit greater but al-majd in his
book al-muharrar and this is an important
book also like a very important book so
we said that every book that came after
al-muqna somehow related to al-muqna so
you have like al-iqnaab for instance by
al-hajjawi of course relating to al-muqna
but benefited from al-muharrar, benefited from al
-mustawa'ib by al-samurri, benefited from al
-furu' by ibn muflih and so on so
al-muharrar is a major book written by
the ibn Taymiyyah the grandfather of the popular
one and he said he took another position,
he said if you intend a voluntary fast
or a vow or this or that, it
would not count but if you intend a
general fasting it would count towards Ramadan because
he said, I can't make it count for
you if you intended the opposite but if
you left it general, I would count it
for you if you left it general, I
would count it for you and the grandson
in this case said this is good enough
for al-jahil not al-alim the jahil,
if you leave it it will count for
you, it will default to Ramadan but for
the alim you need to make the designation
now now finally, the intention in hajj finally,
the last point, the intention in hajj is
ahram which is the intention to enter into
the state of ritual consecration or the pilgrimage
it's not required to specify the type of
nusuk at the time of ahram you can
later designate it but you have to designate
it before you perform any acts of hajj
and umrah and then he says, a guardian
may assume the ahram on behalf of someone
who is not discerning so, hajj and umrah
now it's time to make hajj your wife
is at the other end of the plane
or your husband or your companion and you
don't know if they are making ifrad or
they are making qiran and it's time to
make your ahram because you are crossing the
miqat just make your ahram, don't specify don't
designate a particular nusuk but just make your
ahram an unqualified ahram would count but certainly,
before you start any thing any rituals you
need to specify which nusuk you are in
are you in ifrad, hajj only qiran, hajj
combined with umrah or tamattu, umrah followed by
hajj, separated by halud then, in this case
just do it this way do a mutlaq
ahram and then designate it later he says
that a person can make ahram assume ahram
on behalf of their non-discerning child of
course they can even if they did not
make hajj themselves even if they didn't make
hajj themselves ok, now we come to the
end of this and we will come back
at 9.15 inshallah or if anyone needs
clarification what do you guys think what do
you think ok if anyone needs clarification so
he is doing ghusl to touch the mushaf
if he does ghusl to touch the mushaf
it will count for wudu as well but
if he is making ghusl it will count
as ghusl and it will remove both minor
and major ritual impurities ghusl is different from
wudu no he is not if
he is making a ghusl to remove both
types of ritual impurities they will be removed
irrespective of his state but
I don't find in the mu'tamad of the
mazhab if you make a ghusl to remove
your major and minor impurities it will be
removed yes,
it will remove both major and minor I
recognize that fatwa it is just not the
mu'tamad I don't find I don't find where
it comes from I am
not sure I am not sure about al
qaduri but in the mu'tamad it will suffice
if you intend it for both no,
that is different you have to have the
intention of ghusl in the hanbali mazhab and
you also have pharyngeal mouth even in the
hanafis they don't require it for wudu but
they require it for ghusl pharyngeal mouth and
nostrils but in the hanbali mazhab you will
have to have the intention for both types
of purity an intention is required for both
types of purity they
both can go into nafl but you can't
combine in salah the two together at the
same time but you can downgrade the salah
from fard to nafl we said you cannot
upgrade but you can downgrade you can't move
sideways you can't switch it from zohr to
asr you cannot go up from nafl to
zohr you can go down from fard to
nafl just for clarification only because we are
coming back to yasqa now you could
downgrade your prayer inside the prayer from fard
to nafl if you are making zohr you
could go down to nafl you cannot do
the opposite you can't go up, you can't
go down you
can't move sideways you cannot switch from zohr
to asr you can't move sideways you can
only move down you can't move up, you
can't move sideways you can only move down
that's the appropriate thing to do if you
got into the wrong prayer just get out
and restart if
you have to make the asr that would
be too long if you are coming to
masjid walay from brooklyn customary
is a tricky thing but let's say shaykh
al-asadawi who lives right here next to
the masjid walks over to masjid walay to
pray zohr i think that would count because
he is right there so it needs to
be shortly before very shortly before yes repeat
no, your wudu is valid your wudu is
not broken by this hesitation your salah is
broken by hesitation but your wudu is not
intended to end this wudu by using the
bathroom and he didn't do it it doesn't
break, your wudu is valid until you actually
break it so hesitation about the wudu is
not like hesitation about the salah or fasting
because it's basically an act of worship needed
for another one not for itself alright, so
we will come back then at 9