Hatem al-Haj – QWD017 Coherence of Sharia – Subsidiary Maxims Under Maxim 1
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The speakers discuss various evil practices and negative comments made by various people in Mecca. They touch on the importance of avoiding false assumptions and using evil weapons responsibly. They also mention the use of "medicals and non-M'ams" in relation to the sale of animals and the importance of avoiding false assumptions and using evil weapons responsibly. The speakers also touch on the negative comments made by women in Mecca and the potential for harm if not used correctly.
AI: Summary ©
Today, inshallah, we will try to finish the
subsidiary maxim or the means take on the
rulings of the objectives.
And this is one of the maxims under
the So
matters are judged by their intentions is one
of the five major comprehensive legal maxims, the
most important ones that we've talked about before.
Under this, our matters are judged by their
intentions.
We have five subsidiary, five important, you could
add more, but five most important subsidiary legal
maxims.
We finished, we finished, there is no reward
or punishment except with intention.
We finished Consideration and contracts is given to
intents and meanings, not words and forms.
And we started the last time, last week,
we started which means the means take on
the rulings of the objectives.
take on the rulings of the objectives.
We said that there are sub subsidiary maxims
under and the two most important ones we
will discuss today, inshallah.
And then next week, we will start with
which means words take on the rulings or
of or intents have an impact on words.
So today we have two maxims to discuss
under So this is the main maxim that
we're discussing.
which means means belongs to, to, to, to
it, plural of which means ruling, plural of
which means objective, means take on the rulings
of the objectives.
The two sub subsidiary maxims that we will
discuss today are That
which the wajib is not completed without it
is in itself wajib and you know, for
more fluency, whatever is necessary for the completion
of an obligation is obligatory itself.
Whatever is necessary for the fulfillment of an
obligation is obligatory.
So now this is the, this is one
and the other one will be That
which is forbidden to block the means to
evil may be permitted for an overriding benefit.
That which is forbidden to block the means
is means to here means the evil.
So that which is forbidden to block the
means to evil would be permitted for an
overriding benefit.
For an overriding benefit.
Now, let us go over.
Let us go over this one first.
Keep in mind that this qaeda, that which
is necessary for the fulfillment of an obligation
is itself obligatory.
This qaeda has a sister qaeda that basically
conveys the same meaning.
That which is forbidden to block the means
to evil is obligatory.
So this is the mirror image of this
qaeda.
Mirror image of this qaeda.
That which is necessary for the fulfillment of
an obligation is obligatory.
That which haram cannot be avoided except by
its avoidance is haram.
So if haram cannot be avoided except by
the avoidance of that thing, that thing must
be haram.
Because otherwise, if you commit it, you will
fall into haram by necessity.
By necessity.
And remember, we've talked about what these qaeda
are about.
They are not about the means that will
predominantly lead to haram or wajib.
Right?
This was discussed the last time when we
talked about We said that the means could
rarely lead to the objectives.
And these are dismissed.
They don't have a ruling.
Can certainly lead to an objective?
Certainly.
Meaning it's an automatic, it's a mechanical thing.
This will lead to that mechanically, automatically.
There are no contingencies here.
And that is what we talk about here
in these two qaedas.
But when the means predominantly lead to the
objectives, you know, that is what we discussed
the last time.
And then we talked about the different categories
under this.
But this time, we're talking about the means
that will always lead to the ends.
The means that always lead to the ends.
So these are considered just like the ends.
Exactly like the ends.
Because they are always leading to those ends.
So this particular ruling, we wanted to say
These particular rulings are considered Do you remember
our discussion about the difference between You know,
we've gone over this discussion.
Which one comes first?
Usul comes first.
Usul is necessary to produce fiqh.
And then from fiqh, you basically observe patterns.
And you formulate those patterns into qaed.
So you have the usul.
You make your fiqh.
You observe patterns.
You formulate the patterns into qaed.
So this qaed is now qaed usuliyya or
qaed fiqhiyya, both.
This is a qaed usuliyya and qaed fiqhiyya.
What is a qaed usuliyya?
Are part of adillat al-shara' al-ijmaliyya.
When we talk about adillat al-shara' or
the evidences, evidence is a plural word in
this type of legal jargon.
So when we talk about evidences, shari'a
evidences, we have two different types of shari
'a evidences, right?
Two different types of shari'a evidences.
We have adillat al-shara' al-ijmaliyya.
Anyway, you know what it is.
Adillat al-shara' al-ijmaliyya.
And we have adillat al-shara' al-tafseeliyya.
So adillat evidences, shari'a al-shara' al
-tafseeliyya, detailed, al-ijmaliyya, general.
The general evidences of the shari'a, the
detailed evidences of the shari'a.
How do you know that salah is obligatory?
What makes you think salah is obligatory?
Because Allah said wa aqeem al-salah.
Okay, Allah said establish the prayers.
Okay, is this detailed, specific, direct evidence or
general evidence?
The detailed, specific, direct evidence, this is aqeem
al-salah.
Establish the prayer.
Okay, but what makes you think that aqeem
al-salah indicates obligation?
Which means command indicates obligation.
So commands indicate obligation.
What is command indicates obligation?
This is this, this is adillat al-shara'
al-ijmaliyya.
These are the general evidences of the shari
'a.
This is what you need, this is part
of asul al-fiqh, what you need to
derive the obligation of salah from the verse
aqeem al-salah.
Okay, so these are called adillat al-shara'
al-ijmaliyya.
And not only that, not only al-amr
al-wujud, but also you need to prove
one more thing.
Is the Qur'an a source of obligation
or not?
Well, the Qur'an certainly proves itself.
It doesn't require proof from outside of itself.
Just like, you know, the sunnah needs needs
proof from outside of itself.
The Qur'an proves the obligation of the
sunnah or hajjiyat al-sunnah, the authority of
the sunnah.
What proves the authority of the Qur'an?
The Qur'an proves the authority of the
Qur'an.
So it is self-evident, self-justifying.
So here, adillat al-shara' al-ijmaliyya.
So what would make us think that ma
la ya'tim al-wajib illa bihi fahuwa wajib
is part of adillat al-shara' al-ijmaliyya?
Yeah, because you use this across different rulings
to derive rulings, to produce rulings.
So you will say that because ma la
ya'tim al-wajib illa bihi fahuwa wajib, I
will say that this is obligatory because it
is necessary for the fulfillment of the obligation.
Next is um Ibn al-Laham basically tells
us about how we're talking about this now.
Whatever is necessary for the fulfillment of an
obligation is obligatory itself.
What does that mean?
So Ibn al-Laham explains to us what
it means.
We have two different methods here.
So Abu Muhammad al-Muqdisi, that is Imam
Muwafaq al-Din ibn Qudamah and al-Ghazali.
Ghazali here and Abu al-Barakat here.
No, it's al-Ghazali here and Abu al
-Barakat here.
Abu al-Barakat, that is al-Majd ibn
Taymiyyah, that's the grandfather of al-Taymiyyah.
So one is basically, one is al-Ghazali's
way of explaining this Qa'ida and one
is Abu al-Barakat ibn Taymiyyah in explaining
this Qa'ida.
So al-Ghazali's way of explaining this Qa
'ida, he says that there are two categories.
There is al-Maqdur, that which is necessary
for the fulfillment of an obligation.
Maybe al-Maqdur or ghayr al-Maqdur.
You could say, you could just remove this
and you say Maqdur ghayr al-Maqdur.
Maqdur means what?
Within one's capacity, within one's control, within one's
capacity.
Ghayr al-Maqdur, not within one's capacity, beyond
one's capacity, beyond one's capacity.
So they will give examples.
What is Maqdur?
Maqdur for you is to make wudu, is
to come to the masjid for jama'ah,
is to make wudu for the salah.
So this would be obligatory because if it
is necessary for the fulfillment of an obligation,
to come to the masjid, to walk to
the masjid, if it is necessary for the
fulfillment of an obligation, it is obligatory.
So this is under al-Maqdur.
What about ghayr al-Maqdur?
This is physical capacities, physical capacities.
If you're incapable physically, it's beyond your control,
then it will not become obligatory.
So if you're incapable of jihad, obligatory jihad,
you're incapable.
And there are certain things that don't even
have to do with you to begin with.
If you don't have the quorum for salah
al-jama'ah, it's beyond your control.
You don't have a quorum for salah al
-jama'ah.
Is that within your control?
No.
You came to the masjid, there is no
quorum to establish the jama'ah.
This is a different discussion, but the quorum
itself is controversial.
What is the quorum?
But let's say that there is, we are
talking about a quorum here.
Or you came to the masjid and you
didn't find anyone.
So this is no quorum by agreement, if
you don't find anyone.
So this is beyond your obligation.
Is it obligatory for you to go out
and basically * somebody from the street and
bring them in?
No, it's not.
Therefore, this is the division of al-Imam
al-Ghazali.
Al-Imam al-Masjid ibn Taymiyyah said this
division is not a good division.
Why?
Because he said that which is beyond your
control is not obligatory to begin with.
There is no obligation.
There is no obligation to begin with.
If you don't have a quorum for jama
'ah, there is no obligatory jama'ah to
begin with.
Not for you, in general.
There is just no obligatory jama'ah.
And if you don't have the nisab for
the zakah, there is no obligation to begin
with.
If you don't have the threshold for the
money to become zakatable, you don't have an
obligation to begin with.
So al-Imam al-Masjid ibn Taymiyyah, he
said, I will make a distinction between ma
la yatim al-wujub illa bihi and ma
la yatim al-wajib illa bihi.
Ma la yatim al-wujub illa bihi, that
which is necessary for the existence of obligation.
And that which is necessary for the fulfillment
of the obligation.
Ma la yatim al-wajib illa bihi, that
which is necessary for the fulfillment of the
obligation.
So necessary for the existence of the obligation.
For the fulfillment of an
obligation.
What is necessary for the existence of the
obligation?
Like if your arm is amputated, there is
no obligation to wash anything here.
If you don't have the nisab for zakah,
there is no obligation.
If you don't have the quorum for jama
'ah, there is no obligation.
The obligation does not exist.
In this case, those things are not obligatory.
Those things are not obligatory.
So he goes back and he says, you're
making a distinction between maqdur and ghayr maqdur,
within one's control, beyond one's control.
Within one's control, I don't agree with you.
Because there is no obligation to begin with,
to say, you know, fulfillment of the obligation.
There is no obligation.
And when it comes to ghayr maqdur, I
will problematize your categorization here by saying, what
about the nisab for zakah?
What about money for excipiation?
Money for excipiation.
Is it within your capacity to earn it
and then excipiate?
What about money to make hajj?
Is it within your capacity to earn it,
to make hajj?
What about the nisab of zakat?
Is it within your capacity to make that
much money to give zakat?
Yes, it is within your capacity.
Are you required to do this?
No, you're not required.
You're not obligated to go out and earn
money to expiate, to make hajj, to give
zakat.
Therefore, this is maqdur within your capacity, but
still not obligatory.
So that would be the categorization that most
of the hanbalis go by because of these
concerns.
So they divide it into ma la yatim
al-wujub illa bihi fahu wajib and ma
la yatim al-wajib illa bihi fahu wajib.
ma la yatim al-wujub illa bihi falaysa
wajiban ma la yatim al-wajib illa bihi
fahu wajib That which is necessary for the
existence of obligation is not obligatory.
That which is necessary for the fulfillment of
the obligation is mandatory.
Is it clear?
No, it doesn't look clear.
But this one is clear.
Okay.
Let's keep it for later.
But yeah, this one is clear.
Okay.
So then let's go over some applications, some
examples.
He said, for instance, must a fasting person,
that's Ibn al-Laham still.
And Ibn al-Laham has a book on
qawa'id, but mostly qawa'id usuliyyah, not
fiqhiyyah.
Yes.
This ambiguation?
Okay.
No, but eventually it is still within your
ability, well within your capacity to find this
water.
But once it is beyond your capacity to
find it, you don't really put like any
sort of unreasonable effort into finding the water.
That's what he's saying, you know, the obligation,
the finding of water itself is part of
the obligation.
The finding, it's obligatory on you to look
for water.
It's obligatory on you to look for water.
But it is not obligatory for you to
earn money to expiate or to give zakat
or to go to hajj, although it is
still within your capacity.
So that is how he problematized it.
But the finding of water within the vicinity,
within the vicinity, the finding of water within
the vicinity, because water is not always there
next to you.
It's like, you know, the masjid is not
always next door.
So they have to tell you if the
masjid is within three farsaqs, for instance, from
you, then jama'a is obligatory on you.
If the water is within the vicinity, then
water, you need to look for water within
the vicinity.
If the masjid is farther away, then it's
not obligatory.
If the water is farther away, then it
is not obligatory to seek it.
So the examples that Ibn al-Laham gives
now on this qa'ida, one is, must
a fasting person refrain from eating for a
portion of the night?
Must a fasting person refrain from eating for
a portion of the night?
You know, there is a little bit of
a controversy based on a hadith nowadays, where
the hadith talks about if you have food
already that you're eating, just finish what you're
eating in your pack or your container or
your vessel.
That's counter to the agreement of the four
madhhab.
The agreement of the four madhhab is once
fajr comes in, you can't eat.
But once fajr comes in, so that fraction
of a second, fajr comes in, you know,
like at some point, fajr comes in and
now it is haram for you to eat.
In the madhhab, should you leave a cushion
of safety for, they don't necessarily, they
don't define the cushion of safety, but let's
say, you know, a minute, let's say 90
seconds, whatever it is, like some part of
the night.
Is it obligatory on you to fast the
part of the night so that you can
be sure that you fasted the whole day?
So this is a disagreement in the madhhab
and Ibn al-Jawzi says no.
Like if you can identify this line truly,
you could be eating until this line.
And the majority of the scholars of the
madhhab say you will have, practically speaking, to
leave, to quit eating part of the night
or to refrain from eating part of the
night.
It could be a very, very, very short
period, but still you're refraining from eating part
of the night to make sure that you
are not eating during the day.
The second, if a man's wife becomes indistinguishable
from an unrelated woman, I mean, it's just
like, it requires a little bit of flexibility
here.
You have to have a flexible sort of
imagination.
So if a man's wife becomes indistinguishable from
a foreign woman, he must refrain from both.
He must refrain from both.
If a woman forbidden to him, let's say
a woman who breastfed the same wet nurse
or breast, milk mother, milk mother, a woman
who breastfed, but you don't know which one.
And then we have two different scenarios.
If you don't know which one of a
large city, like a large city, like, you
know, Cairo.
Uh, so there is a milk sister of
yours in Cairo that you don't know which
one she is.
Must you avoid marrying anyone from Cairo?
No, you can, you can marry because that
becomes a great hardship.
Now, what is their cutoff?
They mentioned 10.
Less than 10, if she's mixed with less
than 10, then you ought to avoid all
of them.
Just to make sure that you're not getting
married to your milk sister.
Okay.
So they mentioned here.
Also, if pure water becomes mixed with impure
water, is it permissible to rely on personal
judgment, which is taharri?
Pure water, you have like five buckets, three
of them are impure, two are pure.
But you can't distinguish by, you know, like
it's hard to distinguish.
Should you exercise personal judgment to still distinguish
between the ones that are pure and the
ones that are impure?
By agreement in the madhhab, if you have
three impure ones and two pure ones, you
cannot, you cannot exercise personal judgment.
You just can't exercise personal judgment.
You have to look for water.
Okay.
What about one impure and four pure?
Can you exercise personal judgment here?
Well, this is a disagreement within the madhhab
and the author of the book.
The authorized position in the madhhab is, no,
you cannot still.
No, you cannot still exercise personal judgment.
You have to leave it all.
So if pure and impure clothes are mixed,
this could happen.
This could happen.
You know, pure and impure clothes, like you've
seen some najasa drop on one of your
garments, one of your pants, one of whatever.
And now they're mixed together and you don't
know which one, which is which.
What, what do you do?
So in the madhhab, what you need to
do is, and we've gone over this before.
So you have six garments.
You have six garments.
Four of them have impurity.
What do you do in this case, if
it's time for the prayer?
You pray in five garments, each time intending
the obligation.
So by praying in five garments, which is
the number of impure garments plus one, number
of impure garments plus one.
Have you ascertained that you prayed in a
pure garment?
Yes, you have ascertained that you prayed in
a pure garment.
Okay.
Now, if you have 24 garments that are
impure out of 26 that you own, you're
going to spend a long day praying.
Here, Ibn Aqeel says, no, that's too much.
That's Ibn Aqeel alone, by the way, and
whoever followed Ibn Aqeel in this.
But Ibn Aqeel said, no, that would be
too much.
In this case, taharri is acceptable.
Taharri means what?
Exercising personal judgment is acceptable.
Okay.
Now, if slaughtered animals are found in a
town inhabited by Magians and idol worshipers, what
do you do?
And why did he say Magians and idol
worshipers?
Because if they were Christians or Jews, their
slaughtered animals, slaughtered animals are halal.
Not their suffocated animals.
Their slaughtered animals are halal, if they're Christians
or Jews.
But if it is a town inhabited by
Magians or idol worshipers, and you find a
slaughtered animal, slaughtered animal in that town, you
eat it?
No, you don't.
Because it's a town inhabited by people whose
meat is not halal to us.
Now, if it is a town mixed, you
know, Magians and Muslims, this would be the
next.
Do you eat it?
No, you don't.
What is the proof?
The Prophet ﷺ said if you release your
dog and it catches a prey or it
hunts for you, and you find other dogs
with your dog, do not eat.
You don't know which dog caught the prey.
You don't know which dog caught the prey.
So if you're in doubt, and that is
why they say, الأصل في الأشياء الإباحة إلا
الأبضاع واللحوم.
So the default in all things is permissibility,
except when it comes to marriage and meat.
Okay, so now you don't.
What if it is a town of Muslims
and you found a slaughtered animal, town of
Muslims, all Muslim or very, very predominantly Muslim?
What do you do?
You can eat.
You can eat.
And that is why Shukr al-Thaymeen was
very adamant that you could eat the food
of the people of the book.
This is basically where he was coming from.
And I had a discussion with him in
person about this.
I don't believe that, but because I don't
believe that the vast majority of people here,
the vast majority that where the opposite would
be considered the rare or nadir, are actually
Jews and Christians.
There are all kinds of people here and
atheists and etc.
But anyway, but this is where he's coming
from.
So it is not whimsical or anything that
he had this position.
It's basically he's trying to apply the rules
of the Madhab.
If you found a slaughtered animal and, you
know, the food of the people of the
book, you don't have to really go beyond
reason in investigating.
The food for the people of the book
is halal.
If you find it in a town inhabited
by Christians or Jews, a slaughtered animal, it's
halal.
I don't disagree with that position, by the
way, because I don't believe that the slaughterhouses
in America are staffed mainly, like, mainly where
the opposite would be nadir, by Christians, Jews,
or Muslims.
So in addition to other concerns I have
about meat, but anyway, this is for another
day.
If a person forgets which one of the
five obligatory prayers was missed, if you forget
which one of the five obligatory prayers was
missed, you miss the prayer one day, you
forget which one you missed, what do you
do?
So in the Madhab, you pray all five.
You pray all five prayers.
You repeat all five prayers to ascertain that
you prayed the one that you missed.
There is another opinion in the Masjid that
you only need to pray three.
Three.
Which three are those?
Two for Fajr.
Three for Maghrib.
And one four-unit prayer.
Just one four-unit prayer, and you intend
this for whichever one.
Was it Dhuhr, Asr, or Isha that I
missed?
I would pray four units for whichever one
of them.
Forget about this, because in the Madhab, you
will pray all five.
You need to pray all five.
The difference between them is Niyyat al-Ta
'yin.
To be specific about your intention.
Is it required or not required?
Of course, Fajr, you can't pray two rak
'ahs, three rak'ahs for Fajr.
And you can't pray two rak'ahs for
Maghrib.
And you can't pray three rak'ahs for
Dhuhr.
Therefore, one of the prayers would have to
be two.
One has to be four.
One has to be three.
Okay.
But here, the four here could be Dhuhr,
Asr, or Isha.
Niyyat al-Ta'yin.
To be specific about your intention.
Is it required or not?
Whoever says it's not required will agree with
this position.
You pray only three prayers.
Whoever says it is required will say no.
You will have to pray five prayers.
If the dhikr of Muslims and non-Muslims
become mixed, what do you do?
You have like a calamity, like a hurricane,
like a blizzard, whatever.
People die.
Muslims and non-Muslims mix together.
What do you do?
Do you wash them?
Do you shroud them?
Do you pray for them all or not?
You do.
You have to wash them all, shroud them
all, pray for them all.
Even if there was one Muslim in the
mix with the intention of giving the final
rights to that Muslim.
Because he can't figure out which one he
was or she was.
So you have to do the final rights
for everyone with the intent that you're doing
it for that Muslim.
Now next is...
So we're done with this Qaida.
So let's just finish the other Qaida.
Otherwise we will take seven years to finish
the Qaida al-Faqih.
So let's get over the other Qaida.
Which means what's prohibited to block the means
to evil may be permitted for a greater
benefit or an overriding benefit.
This expression is the expression of al-Imam
Taqi al-Din ibn Taymiyyah.
This is the formula, the phrasing of al
-Imam Taqi al-Din ibn Taymiyyah.
That which is forbidden to block the means
to evil may be permitted for an overriding
or a greater benefit.
How did al-Imam ibn al-Qayyim express
this?
Which is forbidden...
Okay, to block the means to evil.
To block the means to evil.
Is that how I translated it?
Prohibited as a means.
Prohibited as a means to evil may be
permitted for a need or an overriding benefit.
May be permitted for a need or an
overriding benefit.
So this introduces us to this concept.
You know, and it's the same meaning that
al-Imam Taqi al-Din spoke of when
he said مَا حُرِّمَ صَدَّ لَذَرِيعَ أُبِيحَ لَلْمَصْلَحَةِ
الرَّجِحَةِ مَا حُرِّمَ صَدَّ لَذَرِيعَ مَا حُرِّمَ تَحْرِيمَ
الْوَسَائِلِ It's the same thing.
مَا حُرِّمَ صَدَّ لَذَرِيعَ تَبْلَقْتَ مِنْ سِيْئِلِ مَا
حُرِّمَ تَحْرِيمَ الْوَسَائِلِ تحريم as a means, prohibited
as a means.
As a means to what?
It would not be a means to good
that would warrant prohibition.
It would be the means to evil that
would warrant prohibition.
So تحريم الوسائل So this is something that
you will hear people discuss.
Is this تحريم وسائل or تحريم مقاصد?
تحريم وسائل is prohibited as a means.
تحريم مقاصد prohibited as an end.
Or as ends.
Prohibited as ends, prohibited as means.
These are two different categories and they are
distinct.
And the reason why it is important for
all of us to be familiar with this
discourse is what?
At least to have good thoughts of scholars
that have اجتهاد that may sound different to
you.
Certainly no one would make اجتهاد to make
خمر حلال or to make زين حلال or
to make pork حلال to eat.
No one is going to make اجتهاد like
this.
But oftentimes people with limited knowledge, they tend
to have bad thoughts of scholars because المرء
عدو ما يجهب People are enemies of that
which they lack knowledge of.
So if people are not familiar with this,
they will not be able to appreciate the
اجتهاد of scholars or the فتاة of scholars
that are based on a more nuanced discourse
than what they are familiar with, what they
have exposure to.
So exposure to these details is beneficial for
all of us.
This does not mean that you will wake
up tomorrow morning and start to make the
distinctions between تحريم الوسائل and تحريم المقاصد.
These are prohibited as means.
These are prohibited as ends.
And these things that are prohibited as means
are not as prohibited as the things that
are prohibited as ends.
And they may become permitted at some point.
So I believe this should be okay.
You're not going to do this tomorrow morning.
However, you are familiar with the discourse.
You are familiar that so much goes into
fatwa making that meets the eye.
So much goes into fatwa making.
And it would be like 20 and 30
years of study, of rigorous study, that would
qualify people, you know, intelligent people, to make
fatwa.
Okay.
So Ibn al-Qayyim is talking about things
that are two different.
You're making a distinction between two different محرمات.
محرمات الوسائل and محرمات المقاصد.
محرمات because they are means to evil.
محرمات because they are inherently evil.
They are in and of themselves evil.
Not just means to evil.
And this maxim is another branch from the
main maxim, which is means take on the
rulings of the objectives, which is a branch
of الأمور بالمقاصدية or matters are judged by
their intentions.
Although it may appear at first glance as
an exception, but it is not an exception.
We're talking here about, you know, a benefit
and a need or an overriding benefit, a
benefit that overrides.
So eventually, although, you know, وسيلة would be
forbidden if it leads to evil, but not
always forbidden.
So that's why it sounds like it's an
exception, not a branch.
Because in the subsidiary maxim is trying to
teach you what?
If وسيلة leads to evil, the وسيلة becomes
حرام because it leads to evil.
Now, we're trying to tell you not all
the time.
Because وسيلة could lead to evil, but because
of the complexity of life, it could simultaneously
lead to a greater good.
So it is leading to evil, and simultaneously
leading to a good that is considered or
deemed greater than that evil.
Okay, so it's not an exception, although some
may think it is.
So Imam Taqiyyid Dina ibn Taymiyyah used the
عراية is the بيع العراية بيع العراية is
when it's a sale of fresh dates on
the palm trees, you know, you exchange fresh
dates on the palm trees for like an
amount of dry dates that you have.
So بيع العراية includes many, many problems.
Should be حرام because it includes many problems.
But it is considered the Prophet ﷺ allowed
it for a need.
Because those people that have dry dates, when
they see the ripe dates on the palm
trees, they desire the fresh dates.
Fresh dates have a different taste from dry
dates.
And when they desire the fresh dates, and
they don't have anything, basically, to purchase the
fresh dates for, they have some dry dates.
So they can exchange the fresh dates for
dry dates so that they get to enjoy
fresh dates in the season up to a
certain amount.
So now for this need, the Prophet ﷺ
allowed a very problematic transaction.
بيع العراية includes many problems.
Certainly, there is no certainty of equality here
because there is خرس, you're estimating how much
dates on this palm tree.
And you know, fresh and dry cannot be
exchanged for each other because when the fresh
becomes dry, then the amount becomes different and
many such problems.
And it is dates for dates.
And so, you know, equality has to be
ascertained and تقابل has to be ascertained as
well.
Basically, immediate transfer of ownership or exchange.
So why did the Prophet ﷺ allow this?
Because of this, because of this.
How does this apply to بيع العراية?
Because in بيع العراية, which ربع is included
in بيع العراية?
It's called the ربع الفضل, the ربع of
increase.
ربع of increase.
الفضل means increase.
Basically, exchanging two identical commodities without ascertainment of
equality.
How did I translate this?
Exchange of unequal quantities of the same commodity.
Exchange of unequal quantities of the same commodity.
So dates, dates, you exchange them.
But in order for you to exchange dates
for dates, you have to meet two conditions,
equal and immediate transfer, immediate exchange.
So in this case, you're falling into ربع
الفضل because you don't ascertain equality here.
ربع الفضل is forbidden as a means or
as ends, or as an end, as a
means.
Because the Prophet ﷺ said when he forbade
ربع الفضل, لا تبيع الدرهم بالدرهماين ولا الدنار
بالدينارين فإني أخشى عليكم الرماء.
He said don't sell one دينار for two
or one درهم for two for I fear
for you ربع.
He didn't say this is ربع.
He said I fear ربع.
Which ربع is he talking about?
ربع النسيئة, ربع of the ferment.
ربع of the ferment.
But how would ربع الفضل lead to ربع
النسيئة?
How would ربع الفضل lead to ربع النسيئة?
What is ربع النسيئة, ربع of the ferment?
To give you me one دينار and to
say, you know, next year I'll take two
from you or next month.
Uh, you owe me two.
Okay, so that is the ferment.
The ferment next month then.
Okay, so how does ربع الفضل?
When people become used to exchanging the same
commodity unequally without deferment, then they will not
have much hesitation to exchange the same quality,
commodity unequally with deferment and it will lead
to ربع.
And it will lead to ربع.
So that is why ربع الفضل was forbidden.
Because if you, if you exchange one there
and you may say, why would I exchange
one درهم for two درهم?
You may say that like, you know, whatever
reason, but one درهم for two درهم may
be a little bit, uh, rare, but dates
for dates was more common, you know, and
if you, if you get yourself used to
changing the same quality unequally without deferment, you
may eventually do it with deferment.
So, so ربع الفضل was prevented as a
prohibited measure, not as an end itself.
So what Imam Taqi al-Din said, moreover
ربع الفضل was only prohibited because it serves
as a means to ربع النسيء, a deferment
usury.
He further explained ربع الفضل was prohibited because
it may lead to usury.
This is why it was reported that the
Prophet ﷺ said لا تبيعوا درهم بالدرهماين ولا
الدين أروا الدين أرين إني أخشى عليكم الرماء.
Then, so let's go over some applications for
this maxim, applications for this maxim.
Overlooking الغرر, overlooking الغرر.
غرر means what?
Undue risk taking.
غرر means undue risk taking.
You know, after the financial crisis of 2008,
the G20 leaders met.
They said we have to resist speculation on
undue risk taking in the markets because that's
what leads to these crises.
Poor people are the, are people who suffer
the most when these crises take place.
Eventually, the rich people, they don't suffer or
they can make some benefit from every crisis
as well.
But the issue here is undue risk taking,
too much speculation, too much risk taking in
the markets.
The people who pay the price for this
will always be the poor people.
So that is why Islam is against the
غرر and there are so many transactions because
غرر is against transparency also and accountability.
So there are so many transactions that were
forbidden in Islam because they entail غرر.
In fact, Imam al-Nawawi mentioned some like
somewhere around 50, some transactions that are mentioned
there because they, because of the غرر.
So Imam Taqi al-Din ibn Taymiyyah stated
that when you sell properties in their entirety,
do you check everything or do you check
the foundations?
Can you check the foundations?
No, you can't.
So there is some غرر involved here, some
degree of risk taken involved.
You can't eliminate risk taking.
So that degree of غرر had been permitted.
Selling pregnant or nursing animals, when you sell
a pregnant animal, a pregnant goat, will there
be basically the sort of differential price?
Will there be a difference in price because
the goat is pregnant?
Yes, there will be.
Will you factor in the fetus in her
womb?
Yes.
Is it permissible to sell the fetus in
her womb alone?
No.
So is it permissible to say that fetus,
when it comes out, it's for you, it's
yours for two dollars?
No, it's not permissible.
But if you add two extra dollars to
the price of the goat, the pregnant goat,
because of the fetus in her womb, is
that permissible?
Yes, it is.
It's not a separate contract.
You're selling the goat.
You're selling the goat for 16 dollars.
She's pregnant.
You're selling the goat for 18 dollars.
But you're not making two separate contracts for
the goat and her fetus.
You're making one contract for the pregnant goat,
for the pregnant goat.
So that was tolerated because that fetus that
you pay two dollars for, like, at least
not in the contract, but in your mind,
you're paying a little bit more for that
goat because she's pregnant.
That fetus may be born dead.
So there is a gutter here, but you
are not allowed to sell the fetus.
Are you allowed to sell the milk and
the udder?
Most of the scholars would say no.
You know, you milk it first, and you
see how much it is, and you sell
it.
You're not allowed to sell milk and udder.
But like a nursing goat, are you allowed
to sell milk?
Are you allowed to sell a nursing goat
with full udders for a little bit extra?
Yes, you are.
So this is gharar.
We will discuss this in the maxim that
we will come to later, which is attaba
attaba, which means the secondary is secondary.
The secondary is secondary.
So moreover, the sale of fruit, you know,
so the different examples here, you could read
more of them.
Imam al-Nuqaym explained additional applications.
He said permitting gharaya despite involving rib al
-fadh is one application.
Allowing certain prayers with specific reasons, dawat al
-asbab, after fajr and asr, and permitting looking
at someone for marriage, testimony, medical treatment, or
transactions.
So basically it is not halal to look
at the awrah of anyone, opposite gender or
not opposite gender, but the awrah of the
opposite gender is more than the awrah of
the same gender for you.
But it's not halal to look at people's
awrah, except, well, it's not halal to look,
you know, it's not halal to look a
second time, but this is too much details
here and controversies and stuff.
But the awrah part is by agreement.
So it's not halal to look at someone's
awrah, except for like a doctor, for instance,
also like a suitor.
In the madhhab, you show more to a
suitor than you show to anybody who's looking
to marry, testimony, medical treatment, transactions.
Transactions, if you believe naqab is wajib, for
instance, and people want to identify who you
are, whether it's like security at the airport
or, you know, you should be, you should
have no problem uncovering the face or the
judge, the witness, the sort of the cops,
the doctors, and so on and so forth.
So if there is a need, the need
certainly here will justify uncovering.
Similarly, gold and silk are prohibited for men
to prevent resemblance to women whose imitators are
cursed.
However, exceptions are made where needed, such as
the permissibility of selling lawfully crafted jewelry for
more than its weight due to the necessity
of such transactions.
Keep in mind that al-Imam al-Qa
'im, like his successor Imam al-Taymiyyah, did
not always abide by the Mu'tamid of the
Madhhab.
That is why, you know, their books would
be very beneficial to someone who went through,
you know, the Mu'tamid of the Madhhab, because
they are, or particularly Imam al-Taymiyyah, are
mujtahideen, so they have their own choices.
They have their own choices.
Sometimes they are, the choices depart from the
Mu'tamid of the Madhhab, and sometimes they depart
from the Mu'tamid of the former Madhhab for
Imam Taqayddin ibn Taymiyyah, who is not the
only one.
Imam al-Nawawi had, you know, many choices
that were, that departed from the Mu'tamid of
the former Madhhab as well.
But there are certain people in our history
who did have that uh mu'tahidi inclination.
So Imam Taqayddin, Imam ibn al-Qayyim, in
these things that he mentioned as examples, some
of them are, most of them are consistent
with the Madhhab, except for two that are
not consistent with the Madhhab.
One of them is Dawat al-Asbaab.
He went to Shafi'i here, because Dawat
al-Asbaab, to pray after Fajr and Asr,
Dawat al-Asbaab, the people who are the
prayers that have a specific reason, prayers with
specific reason.
So if you won't go into the Masjid
after Asr and there is Tahiyyat al-Masjid
or there is a prayer of, or with
a specific reason, Shafi'is would pray.
Hanbalis would not pray.
The Mu'tamid of the Hanbalis, you don't pray,
just like the Jumhur.
But ibn al-Qayyim here sided with the
Shafi'is.
And he said that you, it's allowed to
do that, because they have specific reasons, overriding
benefit.
And when he says that jewelry, and this
is a position that is pretty unique.
It's not the Madhhab, it's not the Mu'tamid
of the Madhhab, but it is a position
of Ibn Taymiyyah.
He said if you have a necklace, a
golden necklace, and three dinars, three dinars, the
golden necklace weighs more than the three dinars.
Three gold dinars.
A golden necklace weighs more than the three
gold dinars.
Is that permissible of an exchange?
Is that exchange permissible?
You haven't had the inclination.
It's not permissible.
According to the form of Madhhab, this is
not permissible.
Because this is gold for gold.
They have to be equal.
So Imam Taqayyid said, the Prophet never said,
this is not permissible.
This is gold for gold.
But this is gold plus?
No.
No.
Labor.
This is craftsmanship.
So the craftsmanship here is equal money.
So these are not the same thing.
This is gold jewelry.
This is gold currency.
Not the same thing.
Therefore, you know, all of the people that
do this in our countries, all the time.
Yes, they do.
They're all taking Ibn Taymiyyah's position.
Anyway.
Next would be.
So we conclude the discussion on this maxim
with the statement of Imam al-Abbas Ibn
Taymiyyah, where he says, furthermore, what is prohibited
to block a means to evil becomes permissible
when there is an overriding benefit.
For instance, it's permissible to look at a
woman one intends to marry or to travel
with her if there is a fear of
harm, such as escorting her from enemy territory,
as in the case of Umm Kulthum.
You know, Umm Kulthum bint Aqba bint Abi
Mu'ayt.
You know, he traveled alone from Mecca to
Medina.
And she met someone from Khuza'a, a
man from Khuza'a, who she felt was
honest.
So he traveled with him to Medina.
He was protected and so on.
And Khuza'a used to be the allies
of the Prophet ﷺ.
So he escorted her to Medina.
But she left Mecca alone.
He decided to travel alone.
You know, forget about the controversy about women
traveling nowadays because of the changes in safety
and all of that stuff.
But during the time of the Prophet, for
certain, women were not allowed to travel alone.
You traveled, you crossed the desert alone.
The risk here is what?
You go into slavery, you get captured, people
kidnap you, take you into slavery.
So would any believing woman want that for
herself?
Of course not.
You subject yourself to a great deal of
harm.
So it made perfect sense.
But anyway, so Umm Kulthum, despite this, despite
this prohibition, Umm Kulthum decided that I will
take this risk over staying in Mecca with
these ugly people.
Did the Prophet reprimand her?
No.
What she received, in fact, the Treaty of
al-Hudaybiyyah was modified because of her.
Because the Treaty of al-Hudaybiyyah mandated what?
That the Prophet would return all the escapees
from Mecca to them.
And then the Treaty of al-Hudaybiyyah was
modified.
What is the modification?
Except for women.
Uh, I didn't tell you I'll return women.
I told you I'll return men.
So because the Treaty had room for different
interpretations, the Prophet ﷺ said, no, I'm going
to stick to that interpretation.
That it applies to men, not to women.
So Umm Kulthum was not blamed.
Here, what are we using?
That which is prohibited to block a means
to evil.
So women traveling alone.
Is that inherently evil?
No.
What's evil about traveling?
So why is it forbidden to block the
means to an evil that she would be
harmed?
Now, if living in Mecca among those mushrikeen
is a greater evil, I will take the
risk and travel alone.
That's what Umm Kulthum did and that has
been sanctioned.
Also, when Aisha r.a, Umm al-Mu'mineen,
the mother of the believers, our mother, r
.a, was left behind and Safwan ibn al
-Mu'attal found her.
And that's why the Shia make up all
those stories about Aisha and accuse her of
all these accusations.
Because she was left behind the army and
Safwan ibn al-Mu'attal found her.
So he escorted her back to Medina.
Would you do this?
So you have to be utterly stupid to
leave a Muslim woman stranded on the highway
because you don't talk to women and you're
like, you're too religious to basically deal with
women.
So in this case, you have to.
And even if she's stranded on the highway
and it's really a bad place and so
on, you could also invite her, like you
could have her, escort her, drive her back
to a place of safety and things of
that nature.
So the prohibition exists because it could lead
to harm.
But when it serves a greater benefit, it
no longer leads to harm because the greater
benefit outweighs the harm.
So the net result is what?
Benefit or harm?
Benefit.
The net result is what matters.
The net result is a benefit.
And that brings us to the end of
this particular qaeda.
You have to use these things judiciously.
Judiciously.
These are, these are basically dangerous weapons in
your hands if you don't use them judiciously.
We'll take 10 minutes and come back at.