Hatem al-Haj – QWD020 Coherence of Sharia – Subsidiary Maxims Under Maxim 1

Hatem al-Haj
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The speakers discuss various applications for the subsidiary maxims of Azure, including alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-milam, alunib born al-m

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			Bismillah, alhamdulillah, salallahu alayhi wa sallam, wa rasool
		
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			Allah, wa alayhi wa sahbihi wa man wala
		
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			asmaa, amma ba'ad, to proceed.
		
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			We're still trying to finish the subsidiary maxims
		
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			of al-Qa'id al-Ula.
		
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			We finished the subsidiary maxims of al-Qa
		
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			'id al-Ula, al-Umar wa maqasadiha.
		
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			Al-Umar wa maqasadiha.
		
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			These are judged by their intentions.
		
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			Today, inshallah, last time we finished the subsidiary
		
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			maxims.
		
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			So today we will take some applications.
		
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			Today we will take some applications.
		
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			Applications for the subsidiary maxims?
		
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			No, for the Qa'ida in general.
		
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			For the mother Qa'ida.
		
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			The mother Qa'ida, which is al-Umar
		
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			wa maqasadiha.
		
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			These are judged by their intentions.
		
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			So we will try to address applications or
		
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			tadbikat al-Qa'ida in three different areas.
		
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			The first is al-'ibadat.
		
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			The second is al-mu'amalat.
		
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			The third is al-'adat.
		
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			Al-'ibadat, acts of worship.
		
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			Mu'amalat, transactions.
		
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			Al-'adat, customs.
		
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			Okay, so let us address al-'ibadat first.
		
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			Why do we need the intention in the
		
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			domain of al-'ibadat?
		
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			Ultimately, the most important purpose and objective of
		
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			the intention is what?
		
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			Achieve sincerity, devotion to Allah.
		
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			Achieve devotion to Allah.
		
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			So it is quite expected that you will
		
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			need the intention in the area of al-'ibadat.
		
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			Because it is ultimately about devotion to Allah.
		
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			So in the area of al-'ibadat, the intention
		
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			separates between what and what?
		
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			Distinguishes between what and what?
		
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			Between iman and kufr.
		
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			Because when you slaughter for Allah, that is
		
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			iman.
		
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			And when you slaughter for other than Allah,
		
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			that is kufr.
		
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			When you, you know, different acts of worship
		
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			that are dedicated to Allah versus others.
		
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			So the niyyah here, the slaughtering is the
		
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			same, you know.
		
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			The niyyah makes the difference.
		
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			Prostration is the same.
		
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			The niyyah makes the difference.
		
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			Between this being an act of faith, an
		
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			act of disbelief.
		
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			So that is the first distinction.
		
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			Between iman and kufr.
		
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			The second distinction is between sincerity and hypocrisy
		
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			or ostentation.
		
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			Between ikhlas and riya.
		
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			So between iman and kufr.
		
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			Between ikhlas and riya.
		
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			The same act could be done for the
		
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			sake of Allah or to show off.
		
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			The difference is the niyyah.
		
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			And everybody knows their niyyah.
		
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			Not always.
		
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			Many times people deceive themselves.
		
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			So they think that they are sincere or
		
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			they basically convince themselves that they are sincere
		
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			when they are not.
		
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			That is quite, quite frequent.
		
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			And that is why the sahaba and the
		
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			followers will always be concerned about their sincerity.
		
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			Because they are not sure that they are.
		
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			But anyway, it separates between sincerity and ostentation.
		
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			What does it also separate between?
		
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			It separates between al-ada and al-ibadah.
		
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			Which is worship versus customary actions.
		
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			Customary actions or customs actions.
		
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			So al-ibadah and al-ada.
		
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			How does it do that?
		
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			Of course, you could make wudu to cool
		
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			off or take a shower for cleanliness versus
		
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			a ritual bath.
		
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			You could fast for health reasons or to
		
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			lose weight.
		
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			Or fast for the sake of Allah.
		
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			So it separates between al-ada and al
		
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			-ibadah.
		
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			What else does it separate between?
		
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			The niyyah.
		
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			The different al-ibadah.
		
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			The ranks, the types, and the ranks of
		
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			the al-ibadah.
		
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			Al-ibadah are different types and they also
		
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			come in different ranks.
		
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			So there is the fardh and there is
		
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			the wajib.
		
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			Fardh and wajib is a distinction, a Hanafi
		
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			distinction.
		
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			And then there is the mustahab.
		
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			So the difference in rank between the different
		
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			al-ibadahs and the types of al-ibadah.
		
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			And also the validity of the al-ibadah.
		
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			We count on the niyyah for the validity
		
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			of the al-ibadah.
		
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			So the niyyah itself according to some is
		
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			a pillar and according to some is a
		
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			condition in different al-ibadah.
		
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			Like the Shafi'is consider the niyyah in
		
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			Salah to be a pillar and we consider
		
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			the niyyah in Salah to be a condition.
		
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			Although we do have some discussion about this
		
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			as well.
		
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			And you need to have the right niyyah.
		
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			So you need to have the right niyyah
		
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			to fast.
		
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			Like when do you have to make the
		
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			niyyah for fasting in Ramadan?
		
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			Well the malikis think that you can have
		
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			the niyyah for the entire month.
		
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			But for us we have to have the
		
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			niyyah every day and things like that.
		
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			So you need also to have the proper
		
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			niyyah for the al-ibadah to be valid.
		
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			If someone made takbir, if someone who is
		
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			masbuk, you know, masbuk came in late.
		
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			The imam is already bowing and they made
		
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			takbir intending to go down with the imam.
		
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			Intending that this one takbir is for the
		
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			ihram and ruku'a.
		
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			You know, that doesn't account according to us.
		
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			But it has to be just for ihram.
		
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			You have to make takbir just for ihram
		
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			and then go down.
		
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			When it gets this intricate, when it gets
		
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			this subtle, then the scholars will disagree.
		
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			But there are things, you know, and there
		
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			will be different positions in the mazahib.
		
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			But when we talk about this, usually they
		
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			wouldn't disagree over this.
		
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			This, usually they wouldn't disagree over this.
		
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			This, they usually wouldn't disagree over this.
		
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			Also, you know, often they wouldn't disagree here.
		
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			But when it comes to, you know, do
		
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			you make the niyyah for takbirat al-ihram?
		
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			What if you make the niyyah for both
		
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			takbiras and combine them?
		
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			Then you may get some disagreements when it
		
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			gets this sort of subtle.
		
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			Okay, then one of the tadbiqat or one
		
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			of the applications that are a little bit
		
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			more contemporary is if you hear the adhan
		
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			or a prostration of forgetfulness from the radio.
		
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			If it is a recording, you don't prostrate.
		
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			Because it's a recording, so there is no
		
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			willful agent who has a niyyah himself or
		
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			herself that is to be basically followed.
		
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			So when you hear an ayah of prostration
		
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			from a recording, you don't prostrate.
		
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			Because you prostrate when you hear it from
		
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			an actual reciter who has a niyyah and
		
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			who prostrated.
		
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			Now, if you hear the, let's say if
		
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			you hear the adhan in the radio, and
		
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			this adhan here in America, I guess you
		
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			don't hear that.
		
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			But, you know, back home in Muslim countries,
		
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			you hear it all the time.
		
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			You hear the adhan on TV and the
		
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			radio and stuff.
		
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			Unless they quit doing that, so I don't
		
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			know.
		
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			But you hear it.
		
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			If there is an actual mu'adhin, you
		
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			know, if this is live, then you repeat
		
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			after them and then you prostrate if this
		
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			is live.
		
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			But if this is not live, then you
		
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			don't.
		
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			Why?
		
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			Because it's just a recording.
		
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			There is no willful agent here doing any
		
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			of that.
		
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			So that is the area of ibadat.
		
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			What about the area of mu'amalat?
		
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			Let us start by the acts of the
		
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			joking person.
		
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			The acts of the joking or jesting person.
		
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			tasarrafat al-hazl What about
		
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			tasarrafat al-hazl?
		
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			So for us in the Hanbali Madhhab, we
		
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			make a distinction between two different types of
		
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			tasarrafat.
		
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			We have the marital contracts, marital contracts on
		
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			one side, and financial contracts on one side.
		
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			So for the joking person, we separate between
		
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			marital.
		
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			Marital means related to marriage.
		
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			So it will be marriage and divorce and
		
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			raja'ah, taking the wife back, everything that
		
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			is related to marriage, and financial.
		
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			In other words, family laws and financial laws.
		
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			So we make that separation in the Hanbali
		
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			Madhhab.
		
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			But al-Imam ibn al-Arabi, rahimahullah, that
		
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			is the maliki faqih ibn al-Arabi, rahimahullah,
		
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			he said that when it comes to al
		
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			-hazl, when it comes to al-hazl, so
		
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			this was about the ayah in which Allah
		
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			subhanahu wa ta'ala said, It's about, were
		
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			you joking about or regarding Allah and his
		
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			messenger and his signs or just think about
		
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			Allah and his messenger.
		
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			They would say that we were just conversing,
		
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			having a light-hearted conversation and joking.
		
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			And Allah subhanahu wa ta'ala, because they
		
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			were joking about disbelief, Allah subhanahu wa ta
		
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			'ala said to them, بِاللَّهِ وَإِيَاتِهِ وَرَسُولِكُمْ تَسْتَازِيُونَ
		
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			Were you joking about Allah and his messenger
		
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			and his signs?
		
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			And Allah did not accept this explanation from
		
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			them or this excuse from them.
		
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			So, all Muslims consider joking about disbelief to
		
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			be disbelief.
		
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			Joking about disbelief to be disbelief, because you
		
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			are not allowed to joke about Allah, his
		
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			messenger, his signs, you know, his verses or
		
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			signs, and belief and faith in Islam.
		
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			So, that should be taken very seriously.
		
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			So, all the jokes that people say about,
		
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			you know, God, we have reverence for God,
		
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			we have respect for God.
		
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			We should not be like other people who
		
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			take God lightly and they basically sort of
		
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			sometimes argue with God or something.
		
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			So, we don't do this as Muslims.
		
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			We have reverence for God, we have respect
		
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			for God, we don't joke about God, we
		
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			don't joke about, you know, his messengers, we
		
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			don't joke about his books and signs, and
		
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			we don't even joke about the believers, about
		
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			his deen, about his ibadah salihin, about the
		
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			believers and so on.
		
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			These kinds of jokes are unacceptable, and joking
		
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			about disbelief is disbelief.
		
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			Now, he said, this is an agreement of
		
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			Muslims, this is a matter of consensus among
		
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			Muslims, but what about joking in other sort
		
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			of domains?
		
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			We're not joking about God, we're joking about
		
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			marriage and divorce, and we're joking about sales,
		
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			and we're joking about contracts.
		
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			Justin, in general, what do we do with
		
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			that?
		
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			He says that there are three different positions
		
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			of the scholars.
		
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			Three positions.
		
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			One, everything you say is binding.
		
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			Two, al-hazl, the one who's joking, everything
		
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			they say is non-binding, because you have
		
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			to be willful, you have to mean it,
		
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			and we give...
		
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			Why are we talking about this here?
		
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			Because isn't it about...
		
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			So you have to mean it.
		
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			It's about meanings, not words.
		
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			You know, we give precedence to meanings and
		
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			intentions, not words and forms.
		
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			So they say it's non-binding.
		
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			And then a third group said, we will
		
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			separate between marital and financial.
		
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			Marital and financial.
		
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			And marital will be binding, financial will not
		
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			be binding.
		
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			Marital will be binding, financial will not be
		
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			binding.
		
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			Where do we belong?
		
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			The Hanbali Madhhab.
		
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			Where do we belong?
		
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			In the middle.
		
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			We belong here, to this group.
		
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			We separate between marital and financial.
		
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			We consider joking to be unacceptable when it
		
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			comes to marriage and things related to marriage.
		
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			Therefore, we will hold you accountable for everything
		
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			you say while jesting.
		
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			We'll hold you accountable in that domain, not
		
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			in financial transactions, not in sales, not in
		
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			financial transactions.
		
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			Okay.
		
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			So now, the question that arises is, is
		
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			this a violation of al-umur bi man
		
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			qasadiha?
		
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			When we say we will hold you accountable
		
00:17:57 --> 00:18:00
			even if you're jesting, is it a violation
		
00:18:00 --> 00:18:01
			of al-umur bi man qasadiha?
		
00:18:03 --> 00:18:05
			It could look like that.
		
00:18:05 --> 00:18:08
			You know, that you did not intend it,
		
00:18:08 --> 00:18:11
			but we're holding you accountable anyway, could look
		
00:18:11 --> 00:18:11
			like that.
		
00:18:11 --> 00:18:17
			But here is the explanation why it is...
		
00:18:18 --> 00:18:21
			So when you say it's not a violation,
		
00:18:21 --> 00:18:24
			I would say it's not a violation of
		
00:18:24 --> 00:18:26
			al-umur bi man qasadiha.
		
00:18:26 --> 00:18:28
			But what do I mean by this?
		
00:18:29 --> 00:18:31
			I moved away from al-umur bi man
		
00:18:31 --> 00:18:35
			qasadiha to some extent because I have an
		
00:18:35 --> 00:18:37
			overriding principle here.
		
00:18:37 --> 00:18:39
			I have an overriding principle.
		
00:18:40 --> 00:18:42
			When it comes to jesting about Allah and
		
00:18:42 --> 00:18:46
			His Messenger, I have a big overriding principle
		
00:18:46 --> 00:18:46
			here.
		
00:18:47 --> 00:18:48
			You're not allowed to do this.
		
00:18:49 --> 00:18:51
			You're not allowed to joke about Allah.
		
00:18:52 --> 00:18:55
			So when it comes to marriage and things
		
00:18:55 --> 00:18:59
			related to marriage, so al-Imam Taqi al
		
00:18:59 --> 00:19:06
			-Din ibn Taymiyyah explains why we do this.
		
00:19:06 --> 00:19:09
			He says, as for the one jesting, there
		
00:19:09 --> 00:19:12
			is a well-known hadith from Abu Huraira,
		
00:19:12 --> 00:19:17
			in which the Prophet ﷺ said, ثلاث جدهن
		
00:19:17 --> 00:19:24
			جد وهزهن جد النكاح والطلاق والرجع So, ثلاث
		
00:19:28 --> 00:19:37
			جدهن جد وهزهن
		
00:19:39 --> 00:19:45
			جد النكاح والطلاق
		
00:19:45 --> 00:19:56
			والرجع Okay, in other reports, والعتاق,
		
00:19:56 --> 00:19:58
			emancipation, okay.
		
00:19:59 --> 00:20:03
			So, combining the reports, we have four things,
		
00:20:03 --> 00:20:04
			not three.
		
00:20:06 --> 00:20:09
			Combining the reports, we have four things that,
		
00:20:10 --> 00:20:13
			so ثلاث and three things, جدهن, whether in
		
00:20:13 --> 00:20:18
			seriousness or jest, you know, جد is seriousness,
		
00:20:19 --> 00:20:20
			هز is jest.
		
00:20:21 --> 00:20:24
			It is serious whether in seriousness or in
		
00:20:24 --> 00:20:24
			jest.
		
00:20:24 --> 00:20:27
			Three things are serious, whether in seriousness or
		
00:20:27 --> 00:20:28
			in jest.
		
00:20:29 --> 00:20:30
			النكاح, marriage.
		
00:20:30 --> 00:20:31
			طلاق, divorce.
		
00:20:32 --> 00:20:34
			رجع, taking the wife back.
		
00:20:35 --> 00:20:37
			Some people would translate this as a revocation
		
00:20:37 --> 00:20:39
			of divorce, resumption of marriage.
		
00:20:39 --> 00:20:41
			Anyway, it's to take the wife back.
		
00:20:42 --> 00:20:46
			And والعتاق, which is emancipation, which is emancipation.
		
00:20:47 --> 00:20:49
			That is a statement from the Prophet ﷺ.
		
00:20:50 --> 00:20:53
			So, now we have text telling us, you
		
00:20:53 --> 00:20:54
			override the qaeda.
		
00:20:54 --> 00:20:59
			This text is telling us, override the principle.
		
00:21:00 --> 00:21:02
			The principle itself, it comes from the Prophet
		
00:21:02 --> 00:21:03
			ﷺ.
		
00:21:03 --> 00:21:06
			These are by intentions, but the Prophet ﷺ
		
00:21:06 --> 00:21:08
			is telling you, override it here.
		
00:21:09 --> 00:21:12
			So, we go by the detailed evidence.
		
00:21:13 --> 00:21:15
			That is why it is important, whenever you
		
00:21:15 --> 00:21:19
			address any issue, three things are important.
		
00:21:20 --> 00:21:28
			المقاصد, القواعد, الأدلة التفصيلية.
		
00:21:31 --> 00:21:34
			So, الأدلة التفصيلية, detailed evidence.
		
00:21:34 --> 00:21:37
			القواعد, the maxims and principles of sharia that
		
00:21:37 --> 00:21:39
			we go by, that we're discussing here.
		
00:21:39 --> 00:21:41
			المقاصد are the objectives.
		
00:21:41 --> 00:21:44
			If you're not cognizant of all, you will
		
00:21:44 --> 00:21:52
			be somewhat mistaken, often mistaken, if you don't
		
00:21:52 --> 00:21:53
			keep all in mind.
		
00:21:53 --> 00:21:56
			So, some people focus, they have like a
		
00:21:56 --> 00:22:00
			laser focus on this, but they are not
		
00:22:00 --> 00:22:03
			cognizant of the objectives or the principles.
		
00:22:04 --> 00:22:08
			They will be very literalist, and they may
		
00:22:08 --> 00:22:09
			be mistaken.
		
00:22:09 --> 00:22:13
			Some people focus on this, and they don't
		
00:22:13 --> 00:22:16
			pay attention to the detailed evidence, and those
		
00:22:16 --> 00:22:22
			people will be, you know, violating the text
		
00:22:22 --> 00:22:26
			of Revelation left and right, in favor of
		
00:22:26 --> 00:22:29
			what they think to be the مقاصد or
		
00:22:29 --> 00:22:30
			the objectives.
		
00:22:31 --> 00:22:33
			So, all you need to do to become
		
00:22:33 --> 00:22:36
			a faqih is to know that these are
		
00:22:36 --> 00:22:38
			the five things that the sharia aims to
		
00:22:38 --> 00:22:42
			protect, but nobody disagrees over those five things.
		
00:22:43 --> 00:22:44
			You don't even need to be a Muslim
		
00:22:44 --> 00:22:47
			to agree over those five things.
		
00:22:47 --> 00:22:51
			You know, Christians, Jews, atheists, you know, aside
		
00:22:51 --> 00:22:53
			from حفظ الدين, atheists will also agree with
		
00:22:53 --> 00:22:54
			you.
		
00:22:54 --> 00:22:58
			You know, حفظ المال, النفس, العقل, العرض.
		
00:22:59 --> 00:23:04
			So, it is not, you know, there is
		
00:23:04 --> 00:23:08
			no need for Islam then, if we're going
		
00:23:08 --> 00:23:12
			to pay attention to this without this and
		
00:23:12 --> 00:23:13
			without this.
		
00:23:13 --> 00:23:13
			Okay.
		
00:23:14 --> 00:23:18
			So, the Prophet ﷺ is telling us there
		
00:23:18 --> 00:23:22
			are here, override the principle of امور بمقاصد
		
00:23:22 --> 00:23:28
			وعمل بنيات and hold people accountable.
		
00:23:28 --> 00:23:29
			Hold people accountable.
		
00:23:29 --> 00:23:35
			So, Imam Taqi al-Din says, as for
		
00:23:35 --> 00:23:38
			the divorce, so he then goes on to
		
00:23:38 --> 00:23:42
			say that as for divorce, this is the
		
00:23:42 --> 00:23:46
			vast majority of Muslim scholars would consider this
		
00:23:46 --> 00:23:47
			to count.
		
00:23:47 --> 00:23:48
			طلاق الحازر.
		
00:23:48 --> 00:23:50
			Keep in mind, coming from him, this is
		
00:23:50 --> 00:23:52
			a big deal because he's the one who
		
00:23:52 --> 00:23:56
			tried to make every طلاق invalid to avoid
		
00:23:56 --> 00:24:00
			the sort of the eventuality of three طلاق
		
00:24:00 --> 00:24:02
			and then having to have like someone marry
		
00:24:02 --> 00:24:03
			her and all of that stuff.
		
00:24:04 --> 00:24:08
			But certainly, he did this, you know, within
		
00:24:08 --> 00:24:10
			the bounds of the sharia.
		
00:24:11 --> 00:24:14
			So, he says that طلاق الحازر would count
		
00:24:14 --> 00:24:16
			according to the vast majority of the scholars
		
00:24:16 --> 00:24:19
			What about the marriage of الحازر?
		
00:24:20 --> 00:24:22
			There's a little bit of disagreement here.
		
00:24:23 --> 00:24:25
			At least for us in the Madhhab, the
		
00:24:25 --> 00:24:26
			marriage of الحازر counts.
		
00:24:27 --> 00:24:30
			So, if you're faking it, if you're like
		
00:24:30 --> 00:24:34
			actors, for instance, faking, you know, a marriage
		
00:24:34 --> 00:24:36
			contract, they'll be married.
		
00:24:37 --> 00:24:38
			They'll be married.
		
00:24:40 --> 00:24:43
			But there are different reports from Shafi'i
		
00:24:44 --> 00:24:47
			that separate between طلاق and marriage.
		
00:24:47 --> 00:24:50
			They count طلاق as valid, but marriage not
		
00:24:50 --> 00:24:51
			valid.
		
00:24:51 --> 00:24:54
			So, that is as far as, you know,
		
00:24:54 --> 00:24:56
			the marital stuff, the marital stuff.
		
00:24:57 --> 00:25:00
			The majority of the scholars would say that,
		
00:25:01 --> 00:25:06
			you know, whether in seriousness or in jest,
		
00:25:08 --> 00:25:12
			you're basically liable for what you say because
		
00:25:12 --> 00:25:19
			Imam Tokayeddin says he actually, you know, he
		
00:25:19 --> 00:25:22
			will eventually choose to separate between marital and
		
00:25:22 --> 00:25:24
			financial, and he will tell you why.
		
00:25:25 --> 00:25:28
			But he actually tries to provide a rationale
		
00:25:28 --> 00:25:31
			for the people who say everything will be
		
00:25:31 --> 00:25:32
			binding.
		
00:25:33 --> 00:25:36
			So, to provide a rationale for people who
		
00:25:36 --> 00:25:40
			say everything will be binding, whether it's marital
		
00:25:40 --> 00:25:46
			or financial, we will hold you by what
		
00:25:46 --> 00:25:48
			you say, not what you intend.
		
00:25:49 --> 00:25:49
			You are joking.
		
00:25:49 --> 00:25:51
			You are just saying it is your business.
		
00:25:52 --> 00:25:59
			So, he says that there is cause and
		
00:25:59 --> 00:26:08
			effect, and the Sharia, basically, made certain causes
		
00:26:08 --> 00:26:10
			lead to their effects.
		
00:26:11 --> 00:26:15
			And it is the Sharia, not al-Aqid,
		
00:26:16 --> 00:26:18
			that determines this.
		
00:26:18 --> 00:26:20
			Sharia, not al-Aqid.
		
00:26:20 --> 00:26:21
			Al-Aqid is the contractor.
		
00:26:21 --> 00:26:23
			Sharia is the lawgiver.
		
00:26:24 --> 00:26:25
			Sharia is the lawgiver.
		
00:26:25 --> 00:26:28
			Who decides which cause leads to which effect?
		
00:26:29 --> 00:26:30
			Sharia or al-Aqid?
		
00:26:31 --> 00:26:33
			The Sharia, not al-Aqid.
		
00:26:33 --> 00:26:35
			The lawgiver, not the contractor.
		
00:26:36 --> 00:26:40
			The Sharia decided that certain words, like certain
		
00:26:40 --> 00:26:44
			words, ijab and qabool, offer an acceptance, will
		
00:26:44 --> 00:26:45
			lead to their result.
		
00:26:46 --> 00:26:49
			Offer an acceptance will lead to their result.
		
00:26:50 --> 00:26:52
			Whether this is in marriage, this is in
		
00:26:52 --> 00:26:57
			marriage, or sale, whatever, ijab and qabool will
		
00:26:57 --> 00:26:58
			lead to their effect.
		
00:26:59 --> 00:27:00
			Like, this will lead to that.
		
00:27:01 --> 00:27:04
			So, he says this is the rationale of
		
00:27:04 --> 00:27:07
			the people who will count everything against you,
		
00:27:09 --> 00:27:12
			whether in seriousness or in just.
		
00:27:13 --> 00:27:16
			They'll just count it, regardless of the domain.
		
00:27:16 --> 00:27:20
			Family law, financial law, you're not allowed to,
		
00:27:21 --> 00:27:25
			just about these matters, about anything serious.
		
00:27:25 --> 00:27:27
			You're not allowed to be joking about anything
		
00:27:27 --> 00:27:28
			serious.
		
00:27:29 --> 00:27:33
			Then he says, he will support now the
		
00:27:33 --> 00:27:39
			Hanbalim position that we will separate between family
		
00:27:39 --> 00:27:44
			law, marital contracts, and financial laws, and financial
		
00:27:44 --> 00:27:45
			laws.
		
00:27:45 --> 00:27:47
			And we will hold you accountable when it
		
00:27:47 --> 00:27:51
			comes to marital contracts, not when it comes
		
00:27:51 --> 00:27:55
			to financial contracts.
		
00:27:55 --> 00:27:59
			He says one reason why, you know, the
		
00:27:59 --> 00:28:02
			first evidence is the Prophet ﷺ said three
		
00:28:02 --> 00:28:08
			things are serious, whether they are said in
		
00:28:08 --> 00:28:10
			seriousness or in just.
		
00:28:11 --> 00:28:16
			He says that the Prophet ﷺ enumerating certain
		
00:28:16 --> 00:28:22
			things indicates, that is, مفهومة المخالفة, divergent implication,
		
00:28:22 --> 00:28:25
			indicates that this is not applicable to all
		
00:28:25 --> 00:28:25
			things.
		
00:28:26 --> 00:28:34
			Otherwise, if just will be binding in all
		
00:28:34 --> 00:28:38
			things, why is the Prophet ﷺ saying three
		
00:28:38 --> 00:28:38
			things?
		
00:28:39 --> 00:28:42
			And eventually, he added the اتاق, you know,
		
00:28:42 --> 00:28:46
			سنقاح الطلاق الرجعة الاتاق.
		
00:28:46 --> 00:28:49
			These four things were mentioned by the Prophet
		
00:28:49 --> 00:28:50
			ﷺ.
		
00:28:50 --> 00:28:53
			These four things were mentioned by the Prophet
		
00:28:53 --> 00:28:53
			ﷺ.
		
00:28:53 --> 00:28:59
			Therefore, other matters such as sales and other
		
00:28:59 --> 00:29:04
			تصرفات, financial, you know, acts, this is not
		
00:29:04 --> 00:29:05
			applicable.
		
00:29:06 --> 00:29:08
			Just will be just.
		
00:29:08 --> 00:29:10
			He says this is one reason, the textual
		
00:29:10 --> 00:29:11
			part.
		
00:29:11 --> 00:29:14
			When it comes to the rational part, he
		
00:29:14 --> 00:29:24
			says that Allah's rights are
		
00:29:27 --> 00:29:32
			different from the ibad rights or human rights.
		
00:29:32 --> 00:29:36
			Human rights not in the sense of whatever
		
00:29:36 --> 00:29:38
			people call human rights now, but the rights
		
00:29:38 --> 00:29:40
			of the ibad, the rights of people and
		
00:29:40 --> 00:29:41
			the rights of Allah ﷻ.
		
00:29:42 --> 00:29:44
			So Allah's rights, human rights.
		
00:29:46 --> 00:29:51
			When it comes to النكاح والطلاق والرجعة والاتاق,
		
00:29:51 --> 00:29:54
			human rights or Allah's rights?
		
00:29:55 --> 00:29:56
			Allah's rights.
		
00:29:58 --> 00:29:59
			Allah's rights.
		
00:30:00 --> 00:30:04
			Because there are certain women that you can
		
00:30:04 --> 00:30:06
			marry and certain women that you cannot marry.
		
00:30:06 --> 00:30:10
			There is like a certain way of like
		
00:30:10 --> 00:30:13
			certain conditions for marriage to be accepted.
		
00:30:13 --> 00:30:15
			It's not all up to you.
		
00:30:15 --> 00:30:16
			It's not all up to you.
		
00:30:16 --> 00:30:19
			And it makes it makes halal, it makes
		
00:30:19 --> 00:30:21
			haram, halal.
		
00:30:21 --> 00:30:24
			You know, طلاق, reverses it.
		
00:30:24 --> 00:30:27
			It makes that which is halal, haram.
		
00:30:28 --> 00:30:31
			رجعة, you know, like marriage.
		
00:30:31 --> 00:30:32
			What about اتاق?
		
00:30:32 --> 00:30:34
			What about emancipation?
		
00:30:37 --> 00:30:39
			They consider this to be the right of
		
00:30:39 --> 00:30:39
			Allah.
		
00:30:39 --> 00:30:40
			Why?
		
00:30:42 --> 00:30:44
			تشوف الشارع إليه.
		
00:30:44 --> 00:30:46
			تشوف الشارع.
		
00:30:47 --> 00:30:48
			تشوف means what?
		
00:30:49 --> 00:30:50
			Eagerness.
		
00:30:51 --> 00:30:57
			الشارع, the lawgiver is eager to see people
		
00:30:57 --> 00:30:58
			emancipated.
		
00:30:59 --> 00:31:02
			So تشوف الشارع, the eagerness of the lawgiver
		
00:31:03 --> 00:31:08
			would make just think about emancipation count also.
		
00:31:09 --> 00:31:12
			Just think about emancipation count as well.
		
00:31:13 --> 00:31:15
			So we will hold you to it.
		
00:31:17 --> 00:31:22
			Now, he even goes further to say that
		
00:31:22 --> 00:31:25
			marriage is akin to عبادات.
		
00:31:26 --> 00:31:29
			Marital contracts are more akin to عبادات than
		
00:31:29 --> 00:31:30
			معاملات.
		
00:31:30 --> 00:31:33
			Not more akin to عبادات, but they have
		
00:31:33 --> 00:31:37
			some, they're somewhere between عبادات and معاملات.
		
00:31:37 --> 00:31:38
			It's still معاملات.
		
00:31:38 --> 00:31:39
			It's still a transaction.
		
00:31:39 --> 00:31:44
			But they have more similarity to عبادات than
		
00:31:44 --> 00:31:49
			to معاملات because of the sacredness of these
		
00:31:49 --> 00:31:50
			dealings.
		
00:31:51 --> 00:31:54
			You know, marriage, divorce, these are sacred dealings.
		
00:31:54 --> 00:31:57
			So they have more similarity to عبادات.
		
00:31:58 --> 00:32:01
			And he mentions in support of this two
		
00:32:01 --> 00:32:02
			points.
		
00:32:02 --> 00:32:06
			They tell you that sales are discouraged than
		
00:32:06 --> 00:32:07
			مساجد, right?
		
00:32:08 --> 00:32:12
			Marital contracts are recommended than مساجد.
		
00:32:12 --> 00:32:14
			You know, to have your marital contract in
		
00:32:14 --> 00:32:17
			the masjid has been recommended by the scholars.
		
00:32:18 --> 00:32:23
			Sales contracts are discouraged than مساجد.
		
00:32:24 --> 00:32:25
			Do you see the difference?
		
00:32:26 --> 00:32:32
			Okay, he tells you marriage, you know, keep
		
00:32:32 --> 00:32:36
			in mind, he will use now an argument
		
00:32:36 --> 00:32:38
			that he doesn't believe in.
		
00:32:38 --> 00:32:41
			But to show you, you know, the rationale
		
00:32:41 --> 00:32:46
			of the other scholars to try to prove
		
00:32:46 --> 00:32:46
			a point.
		
00:32:47 --> 00:32:50
			He will tell you in marriage certain words
		
00:32:50 --> 00:32:53
			they even require them to be in Arabic.
		
00:32:53 --> 00:32:55
			Some of the scholars require them to be
		
00:32:55 --> 00:32:57
			in Arabic and require them to be certain
		
00:32:57 --> 00:33:00
			words, not anything.
		
00:33:01 --> 00:33:07
			His principle is whatever words that indicate marriage,
		
00:33:07 --> 00:33:11
			that indicate the intent to marry, count as
		
00:33:11 --> 00:33:11
			marriage.
		
00:33:11 --> 00:33:15
			But he will tell you that because marriage
		
00:33:15 --> 00:33:19
			is so sacred that some scholars even said,
		
00:33:20 --> 00:33:22
			I don't believe in this, but I'm showing
		
00:33:22 --> 00:33:27
			you that it is sacred enough that some
		
00:33:27 --> 00:33:29
			scholars even said it has to be in
		
00:33:29 --> 00:33:32
			Arabic, it has to be certain words, and
		
00:33:32 --> 00:33:32
			so on.
		
00:33:34 --> 00:33:38
			So that brings us to the end of
		
00:33:38 --> 00:33:43
			طلق of تصرفات الحازل, or the actions of
		
00:33:43 --> 00:33:46
			the one joking or the one jesting.
		
00:33:46 --> 00:33:48
			What do we want to remember here?
		
00:33:48 --> 00:33:53
			We separate between marriage and everything related to
		
00:33:53 --> 00:33:59
			it and our family laws and financial laws.
		
00:33:59 --> 00:34:02
			When it comes to financial, they don't count.
		
00:34:03 --> 00:34:06
			They don't count why he says, he says
		
00:34:06 --> 00:34:07
			because these are human rights.
		
00:34:07 --> 00:34:12
			Because a person, you know, is in charge
		
00:34:12 --> 00:34:13
			of their wealth.
		
00:34:13 --> 00:34:15
			This position of wealth.
		
00:34:15 --> 00:34:17
			They're in charge of their wealth.
		
00:34:17 --> 00:34:18
			They can even give their wealth to anyone,
		
00:34:19 --> 00:34:19
			you know.
		
00:34:20 --> 00:34:21
			And they're in charge of their wealth.
		
00:34:22 --> 00:34:26
			And people usually joke with each other and
		
00:34:26 --> 00:34:28
			they're lighthearted about this.
		
00:34:28 --> 00:34:32
			And there is nothing to indicate that this
		
00:34:32 --> 00:34:33
			is particularly evil.
		
00:34:33 --> 00:34:35
			They're not joking about Allah and his messenger.
		
00:34:36 --> 00:34:38
			They're not joking about marriage and divorce.
		
00:34:38 --> 00:34:44
			They're joking about, you know, transactions, financial transactions.
		
00:34:45 --> 00:34:48
			So, since they are in charge of their
		
00:34:48 --> 00:34:50
			wealth, and this position of wealth is their
		
00:34:50 --> 00:34:52
			right, not Allah's right.
		
00:34:54 --> 00:34:58
			You know, Allah, you know, but, you know,
		
00:34:59 --> 00:35:00
			you understand what I mean.
		
00:35:01 --> 00:35:05
			So, they're right and they are in complete
		
00:35:05 --> 00:35:06
			control of their wealth.
		
00:35:07 --> 00:35:11
			Then, if they just, it will not count
		
00:35:11 --> 00:35:11
			against them.
		
00:35:12 --> 00:35:14
			It will not count against them.
		
00:35:15 --> 00:35:19
			Now, as for the coerced person, so, the
		
00:35:19 --> 00:35:23
			first thing that we wanted to talk about
		
00:35:23 --> 00:35:25
			when it comes to the mu'amalat or
		
00:35:25 --> 00:35:27
			the application of this qa'ida in the
		
00:35:27 --> 00:35:29
			domain of mu'amalat.
		
00:35:29 --> 00:35:31
			What about the coerced person?
		
00:35:34 --> 00:35:36
			What is the relationship between al-hazl and
		
00:35:36 --> 00:35:37
			the coerced person?
		
00:35:38 --> 00:35:39
			They both didn't mean it.
		
00:35:40 --> 00:35:42
			They both didn't mean it.
		
00:35:42 --> 00:35:44
			Do we apply the same rules to the
		
00:35:44 --> 00:35:46
			coerced person that we apply to al-hazl?
		
00:35:47 --> 00:35:47
			No.
		
00:35:48 --> 00:35:52
			Because the coerced person, because the hazl meant
		
00:35:52 --> 00:35:54
			to say what they said.
		
00:35:54 --> 00:35:56
			They did not mean the effect.
		
00:35:59 --> 00:36:01
			But they initiated the cause willingly.
		
00:36:02 --> 00:36:04
			They said what they said willingly.
		
00:36:05 --> 00:36:10
			So, we will hold them accountable and we
		
00:36:10 --> 00:36:13
			will say, this cause will lead to this
		
00:36:13 --> 00:36:13
			effect.
		
00:36:14 --> 00:36:17
			You said you're divorced to your wife.
		
00:36:17 --> 00:36:18
			She is divorced.
		
00:36:19 --> 00:36:20
			I don't care if you're adjusting.
		
00:36:22 --> 00:36:27
			Now, the person who is coerced, they held
		
00:36:27 --> 00:36:29
			a gun to his head or they told
		
00:36:29 --> 00:36:31
			him, you know, we'll torture you or we'll
		
00:36:31 --> 00:36:31
			do this.
		
00:36:32 --> 00:36:34
			Divorce your wife.
		
00:36:34 --> 00:36:35
			We'll hold them accountable.
		
00:36:36 --> 00:36:39
			No, because they didn't even mean this.
		
00:36:40 --> 00:36:41
			They were coerced.
		
00:36:41 --> 00:36:44
			So, for the person who is coerced, this
		
00:36:44 --> 00:36:48
			will be incomplete agreement with the qa'ida.
		
00:36:49 --> 00:36:52
			If I didn't intend it, it does not
		
00:36:52 --> 00:36:53
			count.
		
00:37:01 --> 00:37:05
			Now, of the applications in our school, you
		
00:37:05 --> 00:37:14
			know, the best translation for would be protective
		
00:37:14 --> 00:37:14
			sale.
		
00:37:17 --> 00:37:18
			Protective sale.
		
00:37:24 --> 00:37:26
			So, the Shafi'is will say that is
		
00:37:26 --> 00:37:27
			valid.
		
00:37:28 --> 00:37:29
			We say it is not valid.
		
00:37:29 --> 00:37:31
			What do we mean by protective sale?
		
00:37:36 --> 00:37:40
			If, like, someone wants to take your stuff
		
00:37:40 --> 00:37:42
			for cheap or like a tyrant or this
		
00:37:42 --> 00:37:45
			or that and you pretend to sell it
		
00:37:45 --> 00:37:52
			to someone else that can protect it or
		
00:37:54 --> 00:37:57
			you agree with someone to pretend to have
		
00:37:57 --> 00:38:00
			sold an item to them, to sell an
		
00:38:00 --> 00:38:01
			item to them.
		
00:38:01 --> 00:38:04
			Do you see when Al-Khadr made the
		
00:38:04 --> 00:38:06
			hole in the Safina, in the ship just
		
00:38:06 --> 00:38:09
			so that the yeah, so will you agree
		
00:38:09 --> 00:38:13
			okay, let's agree that we'll pretend to sell
		
00:38:13 --> 00:38:13
			this item.
		
00:38:14 --> 00:38:17
			Now, they went through the ijab and qabood.
		
00:38:17 --> 00:38:18
			Offer an acceptance.
		
00:38:19 --> 00:38:20
			It's complete.
		
00:38:20 --> 00:38:23
			You know, but they have this agreement basically
		
00:38:23 --> 00:38:25
			for protection.
		
00:38:27 --> 00:38:28
			Do we count it in the mazhab?
		
00:38:29 --> 00:38:30
			In our mazhab it's invalid.
		
00:38:31 --> 00:38:32
			We don't count it.
		
00:38:33 --> 00:38:37
			So, you could do this and you will
		
00:38:37 --> 00:38:38
			not be held accountable.
		
00:38:40 --> 00:38:43
			The other application is when you say to
		
00:38:43 --> 00:38:47
			someone take, you know, take the, take this,
		
00:38:47 --> 00:38:49
			you know, money or whatever it is.
		
00:38:49 --> 00:38:51
			Like, take the, you know, $100.
		
00:38:53 --> 00:38:59
			If you intend that this is a loan,
		
00:39:00 --> 00:39:01
			is it a loan?
		
00:39:03 --> 00:39:05
			Is it a gift or a loan?
		
00:39:05 --> 00:39:07
			When I just give you $100 and say
		
00:39:07 --> 00:39:09
			to you, take this $100.
		
00:39:09 --> 00:39:10
			That's it.
		
00:39:11 --> 00:39:12
			Gift or loan?
		
00:39:16 --> 00:39:16
			Good.
		
00:39:18 --> 00:39:20
			Unless you have intended it to be a
		
00:39:20 --> 00:39:20
			loan.
		
00:39:21 --> 00:39:22
			Just intended?
		
00:39:24 --> 00:39:25
			Okay.
		
00:39:25 --> 00:39:25
			Okay.
		
00:39:26 --> 00:39:30
			So, if we, if this comes to, like,
		
00:39:30 --> 00:39:35
			the court or the muhakkim or arbitration, I
		
00:39:35 --> 00:39:41
			need that intention to be manifested somehow to
		
00:39:41 --> 00:39:42
			go by it.
		
00:39:43 --> 00:39:45
			There has to be a qareena, a supportive
		
00:39:45 --> 00:39:49
			evidence that you actually intended it to be
		
00:39:49 --> 00:39:49
			a loan.
		
00:39:50 --> 00:39:53
			Otherwise it would count as a gift.
		
00:39:53 --> 00:39:53
			Okay.
		
00:39:56 --> 00:39:59
			Next is, if a man says, you are
		
00:39:59 --> 00:40:03
			to me like my mother, that is called
		
00:40:03 --> 00:40:04
			what in Islam?
		
00:40:05 --> 00:40:05
			Zihar.
		
00:40:07 --> 00:40:07
			Okay.
		
00:40:09 --> 00:40:13
			Now, do we care about his intention?
		
00:40:20 --> 00:40:22
			We don't care about his intention.
		
00:40:23 --> 00:40:26
			But, but, I know what you want to
		
00:40:26 --> 00:40:29
			say, but if he comes back and says,
		
00:40:29 --> 00:40:32
			I meant you're like my mother in respect
		
00:40:32 --> 00:40:32
			and honor.
		
00:40:37 --> 00:40:41
			Is it judicious, judicious, judicious?
		
00:40:41 --> 00:40:43
			What is this?
		
00:40:43 --> 00:40:45
			Judicially, accept it from him.
		
00:40:49 --> 00:40:50
			Tukbal hukman.
		
00:40:51 --> 00:40:51
			Right?
		
00:40:52 --> 00:40:53
			Tukbal hukman.
		
00:40:53 --> 00:40:54
			Diyanatan.
		
00:40:55 --> 00:40:56
			It's between him and Allah if he actually
		
00:40:56 --> 00:40:57
			meant it.
		
00:40:57 --> 00:41:00
			But do we accept it in the court?
		
00:41:01 --> 00:41:02
			Yes, we do accept it.
		
00:41:03 --> 00:41:05
			Why do we accept it?
		
00:41:06 --> 00:41:09
			Because the words can be interpreted to me
		
00:41:09 --> 00:41:12
			like, like it's not too far-fetched.
		
00:41:13 --> 00:41:14
			You're like my mother.
		
00:41:15 --> 00:41:16
			Like I love you like I love my
		
00:41:16 --> 00:41:16
			mother.
		
00:41:16 --> 00:41:18
			Or like I respect you like I respect
		
00:41:18 --> 00:41:19
			my mother or something like that.
		
00:41:21 --> 00:41:27
			So, because the words accommodate this meaning.
		
00:41:28 --> 00:41:30
			The words do accommodate this meaning, so we'll
		
00:41:30 --> 00:41:31
			accept it.
		
00:41:31 --> 00:41:32
			Okay.
		
00:41:34 --> 00:41:39
			There is another issue that is related to
		
00:41:39 --> 00:41:39
			this.
		
00:41:41 --> 00:41:44
			When you say to your wife, when you
		
00:41:44 --> 00:41:49
			say to your wife, if you step out
		
00:41:49 --> 00:41:50
			of this door, you're divorced.
		
00:41:55 --> 00:41:56
			And she does.
		
00:41:58 --> 00:41:58
			Is she divorced?
		
00:42:03 --> 00:42:05
			Yeah, the vast majority will say it's divorced.
		
00:42:07 --> 00:42:09
			So, Imam Taqid Dina has a fatwa about
		
00:42:09 --> 00:42:16
			this, which is widely accepted in Muslim countries,
		
00:42:16 --> 00:42:19
			widely accepted by muftis who like him and
		
00:42:19 --> 00:42:22
			dislike him, but they just like his fatwa,
		
00:42:23 --> 00:42:23
			I guess.
		
00:42:26 --> 00:42:31
			He said, if it was intended for encouragement
		
00:42:31 --> 00:42:38
			or deterrence, then it's a mean that can
		
00:42:38 --> 00:42:41
			be expiated for, not a divorce.
		
00:42:42 --> 00:42:44
			When you said to your wife, if you
		
00:42:44 --> 00:42:47
			step out of this door, you're divorced, did
		
00:42:47 --> 00:42:52
			you actually mean to effect the divorce upon
		
00:42:52 --> 00:42:56
			her stepping out or exiting from that door,
		
00:42:56 --> 00:43:00
			or did you mean, do not step out?
		
00:43:01 --> 00:43:04
			Did you mean to deter her from stepping
		
00:43:04 --> 00:43:08
			out and you did not mean, you could
		
00:43:08 --> 00:43:11
			mean both, and if you meant both, then
		
00:43:11 --> 00:43:13
			it will count against you as a divorce.
		
00:43:13 --> 00:43:16
			But if you only meant to deter her
		
00:43:16 --> 00:43:19
			from stepping out and you were completely like,
		
00:43:20 --> 00:43:23
			you never meant to divorce your wife upon
		
00:43:23 --> 00:43:26
			stepping out, you never intended this, you never
		
00:43:26 --> 00:43:27
			meant this.
		
00:43:28 --> 00:43:31
			If you visit your brother, you're divorced.
		
00:43:33 --> 00:43:36
			You never intended that she would actually be
		
00:43:36 --> 00:43:39
			divorced, but you just wanted her to not
		
00:43:39 --> 00:43:42
			go to her brother's home for some reason.
		
00:43:42 --> 00:43:44
			I mean, it's not a good thing to
		
00:43:44 --> 00:43:46
			do, but, you know, for some reason.
		
00:43:48 --> 00:43:50
			Then, it will not count.
		
00:43:50 --> 00:43:55
			It will count as kaffara, yameen mukaffara.
		
00:43:57 --> 00:43:58
			Yameen mukaffara.
		
00:44:00 --> 00:44:02
			Yameen that can be expiated.
		
00:44:07 --> 00:44:09
			How do you expiate for the yameen?
		
00:44:14 --> 00:44:15
			Okay, good.
		
00:44:16 --> 00:44:18
			Because some people rush to the fasting thing,
		
00:44:19 --> 00:44:21
			and it's only when you can't feed and
		
00:44:21 --> 00:44:21
			clothes.
		
00:44:21 --> 00:44:21
			Okay.
		
00:44:26 --> 00:44:30
			So, is he in alignment with al-umur
		
00:44:30 --> 00:44:31
			bi maqasadiha?
		
00:44:32 --> 00:44:35
			Is Imam Taqayyid Ibn Taymiyyah in alignment in
		
00:44:35 --> 00:44:38
			this fatwa with al-umur bi maqasadiha?
		
00:44:39 --> 00:44:39
			Yes.
		
00:44:40 --> 00:44:43
			This is his basically basis.
		
00:44:43 --> 00:44:45
			This is his rationale.
		
00:44:45 --> 00:44:47
			al-umur bi maqasadiha.
		
00:44:47 --> 00:44:49
			If he did not intend for her to
		
00:44:49 --> 00:44:52
			be divorced, but intended to deter her or
		
00:44:52 --> 00:44:55
			to encourage her, then she's not divorced.
		
00:44:56 --> 00:45:00
			Now, the final one, you will like this
		
00:45:00 --> 00:45:00
			one.
		
00:45:00 --> 00:45:02
			I'll read it for you, because it's entertaining.
		
00:45:05 --> 00:45:08
			Applications when it comes to customary practices.
		
00:45:09 --> 00:45:10
			Who likes coffee here?
		
00:45:13 --> 00:45:15
			Who doesn't like coffee?
		
00:45:16 --> 00:45:16
			Really?
		
00:45:18 --> 00:45:18
			Okay.
		
00:45:19 --> 00:45:20
			Who doesn't like coffee here?
		
00:45:21 --> 00:45:22
			You don't like coffee?
		
00:45:24 --> 00:45:24
			Okay.
		
00:45:25 --> 00:45:26
			You don't have to listen to this.
		
00:45:33 --> 00:45:37
			in matadib ur-in-nuha al-rahaibani, the
		
00:45:37 --> 00:45:41
			Imam al-rahaibani, says that the Imam Ahmad
		
00:45:41 --> 00:45:44
			ibn Umar al-Yamani al-Shafi'i, the
		
00:45:44 --> 00:45:47
			author of al-Ubab, was asked a question
		
00:45:47 --> 00:45:49
			about the ruling on coffee.
		
00:45:50 --> 00:45:52
			So he's borrowing from al-Shafi'i his
		
00:45:52 --> 00:45:54
			fatwa, but that is fine if he agrees
		
00:45:54 --> 00:45:54
			with it.
		
00:45:57 --> 00:45:59
			they were asked about the ruling of coffee.
		
00:46:00 --> 00:46:01
			So he said the following.
		
00:46:02 --> 00:46:07
			Coffee provides the drinker with energy, spirituality, and
		
00:46:07 --> 00:46:09
			a pleasant state of mind that is not
		
00:46:09 --> 00:46:11
			obtained from other sources.
		
00:46:12 --> 00:46:14
			I mean, except the, you know, so he
		
00:46:14 --> 00:46:17
			talks about al-nashat, al-rawhaniyah, teeb al
		
00:46:17 --> 00:46:20
			-khaatir, are not obtained from other sources.
		
00:46:20 --> 00:46:22
			He is meaning material sources.
		
00:46:23 --> 00:46:23
			Material sources.
		
00:46:24 --> 00:46:26
			Because of course, like two rakahs would be
		
00:46:26 --> 00:46:28
			much better for you than coffee.
		
00:46:29 --> 00:46:31
			But he is meaning material sources.
		
00:46:31 --> 00:46:33
			It dries excess moisture.
		
00:46:33 --> 00:46:37
			Now, you know, so they will say whatever
		
00:46:37 --> 00:46:39
			it is that they So it dries excess
		
00:46:39 --> 00:46:42
			moisture in the body, resulting in a notable
		
00:46:42 --> 00:46:46
			lightness and alertness, removing laziness and sleepiness.
		
00:46:47 --> 00:46:50
			This vitality inspires a person to engage actively
		
00:46:50 --> 00:46:52
			in both religious and worldly tasks.
		
00:46:53 --> 00:46:56
			And the effect of this energy varies according
		
00:46:56 --> 00:46:58
			to individual temperaments.
		
00:46:58 --> 00:47:03
			The closest comparison to the drinker's state the
		
00:47:03 --> 00:47:05
			drinker here is the drinker of coffee.
		
00:47:05 --> 00:47:09
			The drinker's state in such a moment is
		
00:47:09 --> 00:47:13
			that of one you know, يَرِضُ عَلَيْهِ وَارِضُ
		
00:47:13 --> 00:47:20
			بَسْطٍ مَجْهُولُ السَّبِبِ وَارِضُ بَسْطٍ مَجْهُولُ السَّبِبِ وَارِضُ
		
00:47:20 --> 00:47:22
			بَسْطٍ مَجْهُولُ السَّبِبِ One who experiences an inexplicable
		
00:47:22 --> 00:47:26
			spiritual import of expansion and ease.
		
00:47:26 --> 00:47:32
			You know, مَنَازَلَ سَعِرِين Remember, مَنَازَلَ سَعِرِين Just
		
00:47:32 --> 00:47:38
			go back and read مَنَازَلَ سَعِرِين So, this
		
00:47:38 --> 00:47:41
			is someone who is receiving an inexplicable spiritual
		
00:47:41 --> 00:47:48
			import of بَسْطٍ not قَبْط expansion, ease, comfort.
		
00:47:51 --> 00:47:54
			Then he says Ultimately, the means take on
		
00:47:54 --> 00:47:55
			the rulings of their purposes.
		
00:47:56 --> 00:47:58
			If it is intended as an aid in
		
00:47:58 --> 00:48:03
			something meritorious, such as staying awake to study
		
00:48:03 --> 00:48:08
			beneficial knowledge or discussing complex issues, it becomes
		
00:48:08 --> 00:48:09
			meritorious.
		
00:48:09 --> 00:48:12
			If it is intended or if intended as
		
00:48:12 --> 00:48:17
			an aid to something disliked, such as extending
		
00:48:17 --> 00:48:20
			the evening in idle company after Isha prayer
		
00:48:20 --> 00:48:24
			without it involving family or guests, it is
		
00:48:24 --> 00:48:28
			disliked as are similar cases.
		
00:48:28 --> 00:48:32
			If intended to support something prohibited, like staying
		
00:48:32 --> 00:48:35
			up to listen to music and entertainment, it
		
00:48:35 --> 00:48:37
			becomes prohibited.
		
00:48:37 --> 00:48:39
			This is as he said.
		
00:48:39 --> 00:48:44
			Now, Ruhaybani comments on you know, Ahmad ibn
		
00:48:44 --> 00:48:45
			Umar al-Yamani al-Shafi'i.
		
00:48:46 --> 00:48:48
			So he says, this is as he said,
		
00:48:49 --> 00:48:54
			for indeed actions are judged by their intentions.
		
00:48:54 --> 00:48:57
			So this is an application of the Qaeda.
		
00:48:57 --> 00:49:01
			He's given coffee, drinking coffee, three different rulings.
		
00:49:02 --> 00:49:05
			Haram, Makruh, Mustahabb.
		
00:49:06 --> 00:49:10
			And you could also say Mubah.
		
00:49:11 --> 00:49:14
			Of course, they will stop short of saying
		
00:49:14 --> 00:49:15
			Wajib.
		
00:49:17 --> 00:49:21
			he gave it basically all the different rulings
		
00:49:21 --> 00:49:25
			except for Wajib based on your intention, based
		
00:49:25 --> 00:49:30
			on the purpose, the objective of drinking.
		
00:49:31 --> 00:49:32
			Astaghfirullah.
		
00:49:34 --> 00:49:34
			Astaghfirullah.
		
00:49:40 --> 00:49:43
			Let's come back at 9.05. Inshallah.
		
00:49:44 --> 00:49:45
			We have 16 minutes.
		
00:49:46 --> 00:49:46
			9.05.