Hatem al-Haj – QWD022 Coherence of Sharia – Second Maxim

Hatem al-Haj
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The speakers discuss the concept of certainty and doubt in various contexts, including political statements and scientific research. They stress the importance of certainty and the need for practicality in sh cases, as well as the importance of avoiding competing with each other and avoiding confusion in rulings. They also discuss guidelines and assumptions used in decision making, including the need for people to be assertive and caution. The speakers stress the importance of certainty and the need for consistency in marriage.

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			Bismillah alhamdulillah salallahu alayhi wa sallam wa rasulallah
		
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			wa ala alihi wa sahbihi wa man wala
		
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			asma ma ba'a to proceed today inshallah
		
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			we will the second legal maxim the second
		
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			major legal maxim which is la yazool il
		
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			yaqeen bishak la yutrak yaqeenun lishak these are
		
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			just different formulations but they're about the same
		
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			thing.
		
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			So liyaqeen is certainty.
		
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			La does not.
		
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			Yazul does not get overruled, does not get
		
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			removed.
		
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			You know, Zala is basically disappeared or was
		
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			removed.
		
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			So la yazul will not be removed in
		
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			this context, will not be overridden, will not
		
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			be overruled, will not be overridden.
		
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			Bishak by doubt.
		
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			So certainty is not negated by doubt.
		
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			Certainty is not removed by doubt.
		
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			Certainty is not overruled, overridden by doubt, whichever
		
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			way you want to say it.
		
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			And this formulation is just like this formulation.
		
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			The difference here is in the arrangement of
		
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			words, starting with the verb here versus the
		
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			noun here.
		
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			And this la yutrak does not get abandoned
		
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			or left, does not get abandoned or left.
		
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			So certainty is not abandoned or left for
		
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			doubt.
		
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			Certainty is not abandoned or left for doubt.
		
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			And these are the different formulations of the
		
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			same qaeda.
		
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			They have been basically, it has been stated
		
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			in these formulations in different Hanbali books and
		
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			others.
		
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			So la yakil la yazul bishak is the
		
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			one that we will use frequently because that's
		
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			what the majority of scholars use.
		
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			La yakil la yazul bishak, the first one.
		
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			La yakil la yazul bishak.
		
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			Certainty is not overruled by doubt.
		
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			And then, so what is the meaning of
		
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			this qaeda?
		
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			The meaning of this qaeda is when you
		
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			are certain of anything, basically absence or presence,
		
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			existence or nonexistence of anything, and doubt arises
		
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			regarding the earlier status of that thing, whether
		
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			it's existence or nonexistence, absence or presence, fulfillment
		
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			of conditions or not.
		
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			Doubt arises after certainty was established.
		
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			That doubt will be disregarded.
		
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			That doubt will be disregarded.
		
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			And the presumption of certainty will remain.
		
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			So when we talk about certainty and doubt
		
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			in this regard, we talk about certainty and
		
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			doubt in this regard, what do we mean
		
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			by certainty and doubt?
		
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			Okay, so I will start by this, even
		
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			though it does not, you know, it's not
		
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			one of the first things I mentioned in
		
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			the book, but I'll start by this, just
		
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			for clarity.
		
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			So you have liyaqeen and liyaqeen.
		
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			This is called 0%.
		
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			And this is called 100%.
		
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			So this is the positive yaqeen, yaqeen in
		
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			the existence of something, yaqeen in the nonexistence
		
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			of something, you know.
		
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			So 100%, 0%.
		
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			In the middle between the two, you'll have
		
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			doubt proper, it's called shaq in Arabic, which
		
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			is doubt proper, al shaq.
		
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			Although we will come to, you know, discuss
		
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			how the scholars have used the doubt in
		
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			different contexts differently.
		
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			So this is certainty.
		
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			This is certainty.
		
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			And this is doubt.
		
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			Okay, so what is doubt?
		
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			Doubt when we have two possibilities, la ma
		
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			ziyata li ahadihima alal aathar.
		
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			You have two ihtimal or two possibilities, without
		
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			one having any, without favoring anyone, without one
		
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			outweighing the other in any way.
		
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			So you have two possibilities that are 50
		
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			50.
		
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			So 50%.
		
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			Okay, so what about the, this space here
		
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			between one to 49%?
		
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			And what about this space here between 51
		
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			to 99%?
		
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			What do you call this?
		
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			Yeah, so this, we call the dhan.
		
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			The dhan is, okay, so now you have
		
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			two possibilities.
		
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			One of them is 51%.
		
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			And the other one is 49%.
		
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			The 49 will belong here.
		
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			It's called wahm.
		
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			And dhan will be translated as assumption or
		
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			predominant assumption, dhan or ghalabat dhan.
		
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			Ghalabat means to beat, to overcome.
		
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			So ghalabat, to dominate.
		
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			So it's the predominant assumption, the assumption that
		
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			dominated.
		
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			Ghalabat dhan.
		
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			They sometimes mention dhan, sometimes mention ghalabat dhan,
		
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			they mean the same thing.
		
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			They mean that option that is favored, even
		
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			though it could still be like 55%, like
		
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			60%, but still favored.
		
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			And then this wahm will be called conjecture.
		
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			Conjecture.
		
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			Sometimes in the Quran, dhan refers to ghalabat
		
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			dhan, and sometimes it refers to yaqeen.
		
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			And sometimes it refers to conjecture, so it
		
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			will depend on the context.
		
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			But this is how they basically will try
		
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			to sort these things out by giving different
		
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			names to, you know, to different reference.
		
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			So yaqeen is on both ends of the
		
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			spectrum, 0%, 100%, then you have yaqeen.
		
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			So this thing happened, 100% that happened,
		
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			certainty, 0% that happened, certainty.
		
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			50%, that's called shaq.
		
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			And shaq in Arabic comes from what?
		
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			Intermingling of things.
		
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			When things are intermingled, that is shaq.
		
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			So that's why they talk about shaq.
		
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			Shaq is the intermingling of things.
		
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			And why are we calling it shaq here?
		
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			Because you have two possibilities that are intermingled
		
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			in your brain, and you can't basically favor
		
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			one over the other.
		
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			So they have continued to be, you know,
		
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			in this sort of conflict inside your brain,
		
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			and you're not going to be able to
		
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			favor one over the other.
		
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			So that is why it's called shaq.
		
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			Now, many times, shaq is used in the
		
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			expression of the scholars to refer to non
		
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			-yaqeen, to refer to dhd-yaqeen or the
		
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			opposite of yaqeen.
		
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			So it's not always used in the, you
		
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			know, in the same way.
		
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			But sometimes they use it to refer to
		
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			other than yaqeen.
		
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			But the five-pronged division is what we
		
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			will be using, so that things are clear
		
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			for us.
		
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			Five-pronged division.
		
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			Yaqeen, yaqeen, shaq, three.
		
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			And between shaq and positive yaqeen, you have
		
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			dhan or assumption.
		
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			And between shaq, doubt, and negative yaqeen, you
		
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			have wahm or conjecture.
		
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			Okay.
		
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			Having said that, I want you to understand
		
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			that even when they talk about yaqeen, even
		
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			when the scholars talk about yaqeen, because sometimes,
		
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			you know, what is yaqeen?
		
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			And many people think of yaqeen as the
		
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			sort of the philosophical yaqeen, like, you know,
		
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			like the Cartesian uncertainty, you will want it
		
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			to be like certain of the...
		
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			No, it's not the philosophical yaqeen.
		
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			It's the practical yaqeen.
		
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			It is basically al-istaqrar.
		
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			Yaqan al-maa, when you say yaqan al
		
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			-maa, what does that mean?
		
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			Yaqan al-maa, it means the water is
		
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			settled, settled.
		
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			So if your heart is settled, that is
		
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			establishment of knowledge and the heart is settling.
		
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			That is yaqeen.
		
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			Because if you obsess about the 100%, then
		
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			you become a skeptic.
		
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			And you become basically, you could end up
		
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			being a solipsist, who basically doubts the presence
		
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			of the existence of anything in the world.
		
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			Because whoever said that you exist, why can't
		
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			you be like a mirage?
		
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			Or why can't you be like a delusion
		
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			of mind?
		
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			Or, you know, illusion or science fiction, all
		
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			of these possibilities.
		
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			And whoever told you that the, you know,
		
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			the world around you is not like a
		
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			video game, or all of these possibilities.
		
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			So, no, the scholars are not talking about
		
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			yaqeen in that sense.
		
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			The scholars are talking about yaqeen, about knowledge
		
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			that is established.
		
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			And that gives tumaneena, or tranquility to the
		
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			heart, like quietness to the heart.
		
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			So you're confident that this is what it
		
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			is.
		
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			So that is yaqeen, that is usually talked
		
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			about in general, in the tradition.
		
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			It is not the 100% thing.
		
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			Okay, so al-ilm al-ladhi la taradduda
		
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			ma'ahu ayil istiqrar, knowledge that is free
		
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			of doubt, implying stability and assurance.
		
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			So Sheikh Mustafa al-Zarqa, rahimahullah, he's talking
		
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			about yaqeen.
		
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			So when we talk about yaqeen in the
		
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			scholars of rational sciences, the scholars of aqeedah,
		
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			they may be talking about yaqeen as al
		
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			-i'tiqad al-jazm al-mutabaq lilwaqa, which is
		
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			basically unwavering conviction that is completely aligned with
		
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			reality, unwavering conviction that is completely aligned with
		
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			reality.
		
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			That is not what the fuqaha are concerned
		
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			with.
		
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			You know, that is what, you know, the
		
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			scholars of rational sciences, the scholars of aqeedah,
		
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			they may be concerned with this.
		
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			But the fuqaha are not really concerned with
		
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			this definition.
		
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			The fuqaha, when they talk about yaqeen, they
		
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			talk about knowledge that is established that, you
		
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			know, brings confidence.
		
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			And now, your heart and mind are quiet
		
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			about this issue.
		
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			Like there is, you know, you're not basically
		
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			concerned about it, you're confident, you're quiet, and
		
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			you're not basically thinking about it anymore.
		
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			So he goes on to say, juristic rulings
		
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			are based on outward appearances.
		
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			Another issue that is important is that when
		
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			we talk about yaqeen in fiqh, we're not
		
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			talking about the impossibility of the contrary.
		
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			We're not talking about the impossibility of the
		
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			contrary.
		
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			We're talking about, you know, that established knowledge.
		
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			In other words, in other words, the parentage
		
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			of, you know, the parentage of someone, or
		
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			that filiality or relationship, paternity, paternal relationship is
		
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			established by being born to the person to,
		
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			you know, established for the husband by just
		
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			being born on the marital bed.
		
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			That's what it is called being born on
		
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			the marital bed.
		
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			In other words, being born in, in, you
		
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			know, into a legitimate relationship, and then paternity
		
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			is established for the husband.
		
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			Is this yaqeen in this in the site
		
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			of the shariah?
		
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			Yes, this is yaqeen in the society of
		
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			shariah.
		
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			Does it mean, you know, the contrary is
		
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			impossible?
		
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			No, it doesn't.
		
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			But it is established by bayyinah shariah.
		
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			It is established by a shariah proof that's
		
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			indubitable, shariah proof that, that ends all discussions,
		
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			that ends all discussions.
		
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			Of course, you know, there is li'an,
		
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			mutual cursing, and there are, you know, there
		
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			are processes where, you know, someone believes, does
		
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			not believe that a child is his.
		
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			But, but aside from that, the child becomes
		
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			theirs, and no one would be able to
		
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			raise doubts about this because it is established
		
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			by yaqeen, yaqeen in the eyes of shariah.
		
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			You bring two witnesses to testify on your
		
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			behalf, on your account.
		
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			You claim a property or you bring two
		
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			witnesses to testify.
		
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			The two witnesses are credible witnesses, two credible
		
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			witnesses testified for you.
		
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			Do you, are you entitled?
		
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			Yes.
		
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			You're entitled by certainty?
		
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			Yes.
		
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			So does this property become yours or claim,
		
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			you know, are you entitled to your claim?
		
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			Yes, you're entitled to the claim.
		
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			The shariah basically regards this as a matter
		
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			of certainty.
		
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			Why?
		
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			Because we have established the bayyinah.
		
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			Bayyinah is basically a shariah proof, a definitive
		
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			shariah proof.
		
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			Two credible witnesses would be a definitive shariah
		
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			proof.
		
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			Is there a possibility, is there a possibility
		
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			that this is untrue?
		
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			Of course, there is a possibility it is
		
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			untrue.
		
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			So when we have, you know, the punishment
		
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			for zina or fornication, to establish the hadda
		
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			of zina or fornication, we make it a
		
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			little bit harder to establish it.
		
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			Not two witnesses, four witnesses.
		
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			What are we saying here?
		
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			We're saying that two witnesses is not enough.
		
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			You consider that enough in a different context.
		
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			We consider that enough in a different context.
		
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			Yes, in that context we consider this enough.
		
00:20:13 --> 00:20:15
			Here we're not considering it enough.
		
00:20:16 --> 00:20:17
			Which tells you what?
		
00:20:17 --> 00:20:21
			The testimony of two credible witnesses does not
		
00:20:21 --> 00:20:25
			establish the 100% certainty, but it is
		
00:20:25 --> 00:20:27
			good enough for practical purposes.
		
00:20:28 --> 00:20:32
			Because, you know, the fuqaha are more concerned
		
00:20:32 --> 00:20:38
			about practicality, about effectiveness of the rulings efficiently
		
00:20:38 --> 00:20:42
			than basically theoretical discussions.
		
00:20:43 --> 00:20:46
			So, and the shariah is concerned, you know,
		
00:20:46 --> 00:20:48
			the shariah because it's the shariah that decided
		
00:20:48 --> 00:20:51
			the two you need to witness only in
		
00:20:51 --> 00:20:51
			financial matters.
		
00:20:52 --> 00:20:53
			You need four witnesses to establish the hadda
		
00:20:53 --> 00:20:55
			of fornication and so on.
		
00:20:55 --> 00:20:59
			But four witnesses for the hadda of fornication,
		
00:20:59 --> 00:21:01
			does that give you the philosophical yaqeen, the
		
00:21:01 --> 00:21:02
			100%?
		
00:21:02 --> 00:21:03
			Of course not.
		
00:21:04 --> 00:21:05
			You know, of course not.
		
00:21:06 --> 00:21:08
			You know, four witnesses could still lie.
		
00:21:09 --> 00:21:13
			We demanded that there are four credible witnesses,
		
00:21:14 --> 00:21:19
			but four credible witnesses could imagine things.
		
00:21:19 --> 00:21:20
			They could lie.
		
00:21:20 --> 00:21:23
			We know the story of, you know, the
		
00:21:23 --> 00:21:27
			three sahaba that were flogged for basically qasf,
		
00:21:28 --> 00:21:30
			which is accusation of fornication.
		
00:21:30 --> 00:21:32
			They were flogged by Umar r.a. for
		
00:21:32 --> 00:21:37
			accusation of fornication because the fourth person hesitated,
		
00:21:37 --> 00:21:41
			you know, and recanted his testimony at the
		
00:21:41 --> 00:21:41
			end.
		
00:21:42 --> 00:21:45
			And the person who was accused got acquitted
		
00:21:45 --> 00:21:49
			and three got flogged.
		
00:21:49 --> 00:21:51
			So they were coming, there are four people
		
00:21:51 --> 00:21:52
			coming to testify.
		
00:21:53 --> 00:21:54
			The fourth withheld his testimony.
		
00:21:55 --> 00:21:57
			So now we only have three.
		
00:21:57 --> 00:22:01
			They all got flogged because they didn't have
		
00:22:01 --> 00:22:05
			the quorum for this or the evidentiary standard
		
00:22:05 --> 00:22:07
			for this testimony.
		
00:22:08 --> 00:22:13
			And now they're considered like, it's considered like
		
00:22:13 --> 00:22:19
			qasf or accusation, slanderous accusation of fornication.
		
00:22:19 --> 00:22:23
			So these were sahaba and the person who
		
00:22:23 --> 00:22:24
			was accused was a sahabi.
		
00:22:25 --> 00:22:26
			What was what do you make out of
		
00:22:26 --> 00:22:26
			this?
		
00:22:27 --> 00:22:28
			So the scholars come up with a lot
		
00:22:28 --> 00:22:31
			of answers just to protect the honor of
		
00:22:31 --> 00:22:32
			the sahaba.
		
00:22:32 --> 00:22:36
			We could say they presumed that it's possible
		
00:22:36 --> 00:22:40
			that the woman was actually his wife and
		
00:22:40 --> 00:22:43
			she looked like someone else.
		
00:22:43 --> 00:22:45
			So they thought she was someone else.
		
00:22:46 --> 00:22:49
			Anyway, so things can happen.
		
00:22:50 --> 00:22:52
			Certainty in that sense, the certainty that we
		
00:22:52 --> 00:22:58
			demand for practical application of rulings is not
		
00:22:58 --> 00:23:05
			the philosophical certainty, but rather, it's mostly the
		
00:23:05 --> 00:23:12
			established knowledge that brings, you know, that ends
		
00:23:12 --> 00:23:16
			hesitation about a particular matter.
		
00:23:17 --> 00:23:21
			And from a shari'i perspective, a shari
		
00:23:21 --> 00:23:24
			'i bayyina or a shari'i evidence produces
		
00:23:24 --> 00:23:28
			certainty, as far as we are concerned, practically.
		
00:23:34 --> 00:23:44
			Now, to address potential objections, to address
		
00:23:44 --> 00:23:48
			potential objections to this, how do we, how
		
00:23:48 --> 00:23:52
			would we ever have yaqeen and shaq competing
		
00:23:52 --> 00:23:53
			with each other?
		
00:23:54 --> 00:23:56
			So that we say that yaqeen is not
		
00:23:56 --> 00:23:58
			overruled by shaq.
		
00:23:58 --> 00:24:02
			Aren't we saying that yaqeen is 100%, 0%,
		
00:24:02 --> 00:24:03
			shaq is 50%.
		
00:24:03 --> 00:24:06
			So how could you have 100% and
		
00:24:06 --> 00:24:08
			50% competing with each other?
		
00:24:09 --> 00:24:10
			Doesn't make any sense.
		
00:24:13 --> 00:24:14
			Does it?
		
00:24:15 --> 00:24:18
			With regard to one single matter, how could
		
00:24:18 --> 00:24:23
			you have yaqeen and shaq competing when shaq
		
00:24:23 --> 00:24:28
			is 50% and yaqeen is 100%.
		
00:24:28 --> 00:24:30
			So if you have yaqeen, you don't have
		
00:24:30 --> 00:24:31
			shaq.
		
00:24:31 --> 00:24:32
			And if you have shaq, you don't have
		
00:24:32 --> 00:24:32
			yaqeen.
		
00:24:34 --> 00:24:40
			Okay, so the simplest, you know, and I
		
00:24:40 --> 00:24:42
			will rephrase or I will add my own
		
00:24:42 --> 00:24:46
			thing because I gave you the explanation of
		
00:24:46 --> 00:24:49
			al-Khalawati, rahimahullah, in his hashiya.
		
00:24:50 --> 00:24:53
			When he addresses this, he says, al-yaqeen
		
00:24:53 --> 00:25:01
			ba'tibarmak, you know, certainty, given consideration to what
		
00:25:01 --> 00:25:07
			was there before, you know, so you have
		
00:25:07 --> 00:25:10
			two different instances, you have two different times,
		
00:25:11 --> 00:25:12
			you have the first time and you have
		
00:25:12 --> 00:25:16
			the second time, you had certainty here.
		
00:25:17 --> 00:25:21
			And doubt arose here, you had certainty that
		
00:25:21 --> 00:25:24
			you have wudu here at this point, doubt
		
00:25:24 --> 00:25:27
			arose at a subsequent point.
		
00:25:28 --> 00:25:30
			So they don't happen simultaneously.
		
00:25:31 --> 00:25:34
			It's one after the other, one after the
		
00:25:34 --> 00:25:34
			other.
		
00:25:35 --> 00:25:39
			So the way you think about this is
		
00:25:39 --> 00:25:42
			that yaqeen was present at a point of
		
00:25:42 --> 00:25:46
			time, and then doubt arose afterwards.
		
00:25:47 --> 00:25:50
			So that is how you you sort this
		
00:25:50 --> 00:25:50
			out.
		
00:25:50 --> 00:25:55
			Yaqeen and shaq should never be competing simultaneously,
		
00:25:55 --> 00:25:59
			because 100% and 50% is 150%.
		
00:25:59 --> 00:26:01
			There is no 150%.
		
00:26:01 --> 00:26:05
			And if you have, if you have two
		
00:26:05 --> 00:26:10
			possibilities, and one possibility is yaqeen 100%, the
		
00:26:10 --> 00:26:12
			other possibility cannot be 50%.
		
00:26:12 --> 00:26:13
			It just can't.
		
00:26:14 --> 00:26:16
			So it is two different times.
		
00:26:16 --> 00:26:18
			And in this case, when we say the
		
00:26:18 --> 00:26:21
			yaqeen la yazul bishak, we will say that
		
00:26:21 --> 00:26:26
			the presumption of certainty will not be interrupted,
		
00:26:26 --> 00:26:30
			will not be eliminated, overruled, overridden by the
		
00:26:30 --> 00:26:34
			subsequent doubt, by the subsequent doubt.
		
00:26:35 --> 00:26:38
			So it's a case of presumption of continuity,
		
00:26:39 --> 00:26:41
			istashab, istashab al yaqeen.
		
00:26:41 --> 00:26:45
			So we're presuming the continuity of yaqeen, and
		
00:26:45 --> 00:26:51
			we're disregarding the subsequent shaq, or doubt.
		
00:26:53 --> 00:26:59
			The universality of this maxim, this maxim is
		
00:26:59 --> 00:27:01
			one of the five major maxims.
		
00:27:02 --> 00:27:05
			Imam Suyuti says that about three quarters of
		
00:27:05 --> 00:27:10
			fiqh are derived from this maxim, three quarters
		
00:27:10 --> 00:27:10
			of fiqh.
		
00:27:11 --> 00:27:13
			It does not mean that derived from this
		
00:27:13 --> 00:27:13
			maxim only.
		
00:27:15 --> 00:27:19
			But this maxim participates in the derivation of
		
00:27:19 --> 00:27:22
			about three quarters of the law.
		
00:27:23 --> 00:27:25
			Three quarters of the law would be based
		
00:27:25 --> 00:27:27
			on this maxim.
		
00:27:27 --> 00:27:31
			So it's a very universal maxim, a very
		
00:27:31 --> 00:27:34
			solid maxim in Islamic jurisprudence, one of the
		
00:27:34 --> 00:27:38
			five major ones, which are al-umur bi
		
00:27:38 --> 00:27:42
			maqasadiha, which is matters are judged by their
		
00:27:42 --> 00:27:46
			intentions, the yaqeen la yazul bishak, certainty is
		
00:27:46 --> 00:27:49
			not overruled without, la darar wa la darar,
		
00:27:49 --> 00:27:52
			there should be no harm or reciprocation of
		
00:27:52 --> 00:27:58
			harm, al-mashakta tajribat tayseer, which is hardship
		
00:27:58 --> 00:28:03
			begets facility or ease, or calls for ease,
		
00:28:03 --> 00:28:05
			warrants, you know, anyway.
		
00:28:06 --> 00:28:08
			And then the last one would be al
		
00:28:08 --> 00:28:14
			-adha muhakkama, which is customs are authoritative, custom
		
00:28:14 --> 00:28:15
			is authoritative.
		
00:28:15 --> 00:28:20
			So it's a very universal qaeda, and it
		
00:28:20 --> 00:28:22
			is a very consistent qaeda.
		
00:28:22 --> 00:28:24
			And as we said before, consistent does not
		
00:28:24 --> 00:28:31
			mean that it will always be favored in
		
00:28:31 --> 00:28:32
			our application.
		
00:28:32 --> 00:28:38
			Consistent means that given no competition from another
		
00:28:38 --> 00:28:41
			qaeda, it will always work, it will always
		
00:28:41 --> 00:28:45
			apply, if there is no competing qaeda.
		
00:28:47 --> 00:28:50
			Because that is what makes people say about
		
00:28:50 --> 00:28:53
			these qaeda that they are aghlabiya not kulliya,
		
00:28:53 --> 00:28:55
			they are predominantly not universal.
		
00:28:56 --> 00:28:57
			No, they are universal.
		
00:28:58 --> 00:29:01
			They're not just predominant, they are not aghlabiya,
		
00:29:01 --> 00:29:05
			they are universal, in the sense that if
		
00:29:05 --> 00:29:08
			you don't have any competing text of revelation,
		
00:29:08 --> 00:29:10
			competing qaeda, it will always apply.
		
00:29:11 --> 00:29:13
			But it will not apply when you have
		
00:29:13 --> 00:29:14
			competition.
		
00:29:14 --> 00:29:16
			Sometimes it may not apply when you have
		
00:29:16 --> 00:29:17
			competition.
		
00:29:20 --> 00:29:24
			So then I will read this statement by,
		
00:29:24 --> 00:29:27
			this is a statement by al-imamayn al
		
00:29:27 --> 00:29:29
			-mawardi and ibn al-nadjar, and I will
		
00:29:29 --> 00:29:32
			read it about, you know, verbatim here.
		
00:29:33 --> 00:29:36
			They said this principle is not exclusive to
		
00:29:36 --> 00:29:40
			jurisprudence, rather, the default in every new matter
		
00:29:40 --> 00:29:42
			is its non-existence.
		
00:29:43 --> 00:29:45
			This is a principle that you live by
		
00:29:45 --> 00:29:46
			in your life.
		
00:29:46 --> 00:29:49
			This is not just about fiqh, it's a
		
00:29:49 --> 00:29:52
			principle that's consistent throughout life.
		
00:29:52 --> 00:29:54
			Rather, the default in every new matter is
		
00:29:54 --> 00:29:56
			non-existence until proven otherwise.
		
00:29:57 --> 00:29:59
			For instance, we say that the default regarding
		
00:29:59 --> 00:30:03
			obligations upon individuals is their non-existence.
		
00:30:04 --> 00:30:07
			So as we will come to the branches
		
00:30:07 --> 00:30:09
			of this qaeda, one of the branches of
		
00:30:09 --> 00:30:12
			this qaeda is al-asl al-baraa, al
		
00:30:12 --> 00:30:14
			-asl al-baraa.
		
00:30:22 --> 00:30:24
			Al-asl means what?
		
00:30:24 --> 00:30:27
			The default or the original presumption.
		
00:30:28 --> 00:30:32
			Default, default presumption, original presumption, default.
		
00:30:33 --> 00:30:37
			Al-baraa, baraa is innocence.
		
00:30:37 --> 00:30:42
			But here it means, baraa means non-liability,
		
00:30:42 --> 00:30:43
			non-liability.
		
00:30:43 --> 00:30:47
			You could say innocence, because it also means
		
00:30:47 --> 00:30:51
			innocence, but more than just innocence, non-liability.
		
00:30:52 --> 00:30:55
			So you are born, it's one of the
		
00:30:55 --> 00:30:58
			hallmarks of Islam, you are born free of
		
00:30:58 --> 00:30:59
			liability.
		
00:31:00 --> 00:31:03
			You don't owe anything to anyone, you know,
		
00:31:04 --> 00:31:05
			except with evidence.
		
00:31:06 --> 00:31:09
			And you have no, you're not liable for
		
00:31:09 --> 00:31:12
			any crimes, for any obligations, you're just free
		
00:31:12 --> 00:31:14
			of all liabilities.
		
00:31:15 --> 00:31:19
			There's no original sin, you're free of all
		
00:31:19 --> 00:31:21
			liabilities when you're born.
		
00:31:21 --> 00:31:25
			And that the presumption of non-liability continues
		
00:31:25 --> 00:31:29
			with you throughout your life until proven otherwise,
		
00:31:29 --> 00:31:32
			until proven otherwise.
		
00:31:33 --> 00:31:35
			Okay, so this is part of this qaeda.
		
00:31:35 --> 00:31:39
			So he says, default regarding obligations upon individuals
		
00:31:39 --> 00:31:42
			is their non-existence until evidence indicates otherwise.
		
00:31:42 --> 00:31:47
			Similarly, the default in words is their literal
		
00:31:47 --> 00:31:47
			meaning.
		
00:31:49 --> 00:31:53
			In commands, it would be obligation, prohibitions would
		
00:31:53 --> 00:31:53
			be prohibition.
		
00:31:53 --> 00:31:58
			In general statements, general statements, they stay general
		
00:31:58 --> 00:31:59
			until they are specified.
		
00:32:00 --> 00:32:04
			Unqualified, they stay mutlaq until they are qualified.
		
00:32:06 --> 00:32:12
			So and then he says, that continue, okay,
		
00:32:12 --> 00:32:15
			and also for rulings, you know, textual rulings
		
00:32:15 --> 00:32:19
			or text of revelation, they will be effective
		
00:32:19 --> 00:32:21
			until abrogation is proven.
		
00:32:21 --> 00:32:27
			So the presumption, the original presumption is that
		
00:32:27 --> 00:32:30
			they are not abrogated, nothing is abrogated, they're
		
00:32:30 --> 00:32:30
			effective.
		
00:32:31 --> 00:32:35
			And he says, due to this principle, istishqab
		
00:32:35 --> 00:32:37
			is a valid evidence, istishqab is the presumption
		
00:32:37 --> 00:32:39
			of continuity.
		
00:32:40 --> 00:32:44
			One of the implications of this principle is
		
00:32:44 --> 00:32:46
			that the one who denies a claim is
		
00:32:46 --> 00:32:48
			not required to provide evidence.
		
00:32:49 --> 00:32:52
			And it's likewise in matters of litigation, the
		
00:32:52 --> 00:32:56
			defendant is not required to prove their innocence,
		
00:32:56 --> 00:32:59
			because innocence is the default.
		
00:33:00 --> 00:33:03
			So this is a very universal qaeda, and
		
00:33:03 --> 00:33:05
			it does not only apply to fiqh, but
		
00:33:05 --> 00:33:07
			it applies to all matters of life.
		
00:33:07 --> 00:33:10
			Now, let's take some of the applications of
		
00:33:10 --> 00:33:12
			the qaeda for a better understanding.
		
00:33:13 --> 00:33:16
			And then when we go over the branches,
		
00:33:17 --> 00:33:19
			we will take a lot more applications.
		
00:33:20 --> 00:33:22
			But what is the most common application of
		
00:33:22 --> 00:33:24
			this qaeda, most well known application of qaeda?
		
00:33:25 --> 00:33:28
			The wudu thing, because everybody is concerned about
		
00:33:28 --> 00:33:29
			wudu.
		
00:33:30 --> 00:33:32
			So the wudu thing is the most common
		
00:33:32 --> 00:33:33
			application of this qaeda.
		
00:33:34 --> 00:33:36
			And so what does this qaeda say about
		
00:33:36 --> 00:33:36
			wudu?
		
00:33:36 --> 00:33:39
			So if you have wudu, if you if
		
00:33:39 --> 00:33:44
			you're sure, at 6am, you left your left
		
00:33:44 --> 00:33:46
			home with wudu.
		
00:33:49 --> 00:33:53
			And at 11am, you are at work, let's
		
00:33:53 --> 00:33:58
			say 12pm, you are at work.
		
00:33:58 --> 00:34:01
			And it's time for zohr and you wonder,
		
00:34:01 --> 00:34:06
			if you have wudu, do you have wudu?
		
00:34:08 --> 00:34:12
			Yes, because we will presume the continuity of
		
00:34:12 --> 00:34:14
			the first certainty, you were certain at 6am
		
00:34:14 --> 00:34:17
			that you have wudu, we will presume the
		
00:34:17 --> 00:34:21
			continuity of that certainty until it is overruled
		
00:34:21 --> 00:34:24
			by certainty.
		
00:34:25 --> 00:34:28
			And in this sense, we're talking about certainty
		
00:34:28 --> 00:34:31
			in what sense, not in the sense of,
		
00:34:31 --> 00:34:36
			you know, not in the sense of, you
		
00:34:36 --> 00:34:40
			know, unwavering conviction, aligned with reality, not in
		
00:34:40 --> 00:34:43
			the sense of the philosophical certainty per se,
		
00:34:44 --> 00:34:46
			it is in the sense of established knowledge,
		
00:34:46 --> 00:34:50
			that makes the heart comfortable, you know, not,
		
00:34:50 --> 00:34:59
			you know, hesitating, to eliminate hesitation, so established
		
00:34:59 --> 00:34:59
			knowledge.
		
00:35:00 --> 00:35:01
			Okay.
		
00:35:02 --> 00:35:06
			So now, when we say this, is this
		
00:35:06 --> 00:35:07
			by consensus?
		
00:35:07 --> 00:35:10
			So when we say that these are agreed
		
00:35:10 --> 00:35:13
			upon, they are matters of consensus.
		
00:35:13 --> 00:35:15
			Are they matters of consensus?
		
00:35:16 --> 00:35:20
			Do all the scholars say, yes, all the
		
00:35:20 --> 00:35:24
			scholars say certainty is not overruled by doubt.
		
00:35:24 --> 00:35:29
			But when they try to apply this in
		
00:35:29 --> 00:35:33
			this particular example, that is why, you know,
		
00:35:34 --> 00:35:36
			well, that's the beauty of this.
		
00:35:36 --> 00:35:39
			The beauty of this is people may disagree,
		
00:35:40 --> 00:35:44
			even though they come from the, they come
		
00:35:44 --> 00:35:48
			from the same muntalak, muntalak is basis, I
		
00:35:48 --> 00:35:49
			guess.
		
00:35:50 --> 00:35:54
			So, so they can, they can still disagree.
		
00:35:54 --> 00:35:57
			So the scholars did actually disagree over this
		
00:35:57 --> 00:35:58
			particular ruling.
		
00:35:58 --> 00:36:02
			And while the majority, which would be Hanafis,
		
00:36:02 --> 00:36:08
			Shafiis, and Hanbalis, they agree that you have
		
00:36:08 --> 00:36:12
			wudu, the Maliki said, you don't have wudu.
		
00:36:13 --> 00:36:13
			Why?
		
00:36:14 --> 00:36:17
			Because the Maliki said that, that we will
		
00:36:17 --> 00:36:21
			say that the fulfillment of the conditions of
		
00:36:21 --> 00:36:26
			the prayer is obligatory by certainty, and that
		
00:36:26 --> 00:36:30
			certainty will not overruled by doubt.
		
00:36:31 --> 00:36:35
			They will look at the second, you know,
		
00:36:36 --> 00:36:38
			your state of being at the time of
		
00:36:38 --> 00:36:42
			salah is doubtful, you're doubting whether you have
		
00:36:42 --> 00:36:43
			wudu or not.
		
00:36:44 --> 00:36:48
			And you are required by certainty to fulfill
		
00:36:48 --> 00:36:50
			the conditions of the prayer.
		
00:36:51 --> 00:36:54
			So wujub is salah alayk and the requirement
		
00:36:54 --> 00:36:57
			of fulfilling the conditions of the prayer is
		
00:36:57 --> 00:36:59
			established by certainty or not.
		
00:36:59 --> 00:37:01
			Yes, you're liable for the to perform the
		
00:37:01 --> 00:37:05
			prayer by certainty, and you have to fulfill
		
00:37:05 --> 00:37:08
			the conditions of that performance, including wudu.
		
00:37:09 --> 00:37:13
			So now, since you're doubtful about your wudu,
		
00:37:14 --> 00:37:18
			the certainty that we would respect here is
		
00:37:18 --> 00:37:23
			your liability to perform the salah with its
		
00:37:23 --> 00:37:24
			conditions fulfilled.
		
00:37:25 --> 00:37:29
			Anyway, so this would be their twist, their
		
00:37:29 --> 00:37:32
			look at this or our twist, or, you
		
00:37:32 --> 00:37:39
			know, so what do you think about this?
		
00:37:44 --> 00:37:48
			Yeah, but here they're talking about two different
		
00:37:48 --> 00:37:49
			things.
		
00:37:49 --> 00:37:50
			We're talking about the same thing.
		
00:37:50 --> 00:37:51
			They're talking about two different things.
		
00:37:52 --> 00:37:56
			They're talking about certainty, the certainty in your
		
00:37:56 --> 00:38:01
			liability and the obligation of prayer.
		
00:38:01 --> 00:38:03
			And we're talking about wudu only.
		
00:38:03 --> 00:38:06
			We're talking about certainty that we had wudu
		
00:38:06 --> 00:38:10
			and then doubt whether we had wudu or
		
00:38:10 --> 00:38:10
			not.
		
00:38:10 --> 00:38:13
			So the certainty and doubt for us are
		
00:38:13 --> 00:38:16
			competing for the same thing, which is the
		
00:38:16 --> 00:38:17
			existence of wudu.
		
00:38:18 --> 00:38:23
			We're saying that the original certainty will not
		
00:38:23 --> 00:38:25
			be overruled by the subsequent doubt.
		
00:38:26 --> 00:38:29
			Original certainty will not be overruled by subsequent
		
00:38:29 --> 00:38:29
			doubt.
		
00:38:30 --> 00:38:32
			So I believe that the majority, the jumhur,
		
00:38:32 --> 00:38:35
			they have a stronger point here.
		
00:38:36 --> 00:38:43
			Because, because certainly, you know, ignoring that concept
		
00:38:43 --> 00:38:45
			will lead to obsessiveness.
		
00:38:46 --> 00:38:49
			Because who, you know, has the mind to
		
00:38:49 --> 00:38:52
			be certain of all things all the time,
		
00:38:52 --> 00:38:54
			like, you know, to have, yeah, yeah.
		
00:38:54 --> 00:38:58
			So it's, unless we, unless we presume the
		
00:38:58 --> 00:39:02
			continuity of the original certainty, it could lead
		
00:39:02 --> 00:39:03
			to obsessiveness.
		
00:39:04 --> 00:39:06
			So this qaeda in the, in the way
		
00:39:06 --> 00:39:10
			the jumhur understood it, in this particular application,
		
00:39:10 --> 00:39:15
			is very important for the avoidance of obsessiveness.
		
00:39:18 --> 00:39:23
			The advent of Fajr during Ramadan, like if
		
00:39:23 --> 00:39:26
			you, if you're doubtful whether Fajr came in
		
00:39:26 --> 00:39:28
			or not, can you continue to eat?
		
00:39:29 --> 00:39:32
			Yes, you can, until you're confident that Fajr
		
00:39:32 --> 00:39:33
			came in.
		
00:39:34 --> 00:39:37
			The number of rakahs performed in prayer, the
		
00:39:37 --> 00:39:40
			number of rakahs, if you, if you're dhuhr,
		
00:39:40 --> 00:39:43
			and then you doubt whether you prayed two
		
00:39:43 --> 00:39:46
			or three rakahs, how many did you pray?
		
00:39:47 --> 00:39:47
			Two.
		
00:39:48 --> 00:39:51
			Because you're doubting whether you pray two or
		
00:39:51 --> 00:39:54
			three, then at least you pray two.
		
00:39:55 --> 00:39:57
			So that is certain, it's certain that you
		
00:39:57 --> 00:40:00
			pray two, it's doubtful, the third is the
		
00:40:00 --> 00:40:02
			one that is doubtful, but the two are
		
00:40:02 --> 00:40:04
			certain, the third is doubtful.
		
00:40:05 --> 00:40:09
			Therefore, you base your, you base your assumption
		
00:40:09 --> 00:40:14
			on that certainty, because you have to, after
		
00:40:14 --> 00:40:18
			you have to be cautious with your worship.
		
00:40:19 --> 00:40:24
			And but, but are there exceptions for this?
		
00:40:24 --> 00:40:26
			Is there like a discussion beyond this?
		
00:40:27 --> 00:40:29
			Yeah, there is a discussion beyond this.
		
00:40:30 --> 00:40:33
			So what if, you know, so there are
		
00:40:33 --> 00:40:34
			different types of discussions.
		
00:40:35 --> 00:40:38
			One discussion is, what if you have an
		
00:40:38 --> 00:40:44
			external factor to point to one of the
		
00:40:44 --> 00:40:47
			two possibilities, to point you towards one of
		
00:40:47 --> 00:40:48
			the two possibilities?
		
00:40:49 --> 00:40:52
			External factor, according to Hanbalis, would be an
		
00:40:52 --> 00:40:56
			imam who's leading a congregation, and he's not
		
00:40:56 --> 00:40:56
			being corrected.
		
00:40:57 --> 00:41:00
			The imam leading congregation sits down for the
		
00:41:00 --> 00:41:03
			fourth rakah, no one is correcting them.
		
00:41:03 --> 00:41:05
			So likely it is the fourth rakah.
		
00:41:06 --> 00:41:09
			You know, if nobody is correcting me, and
		
00:41:09 --> 00:41:10
			I'm sitting down for the shahadah for the
		
00:41:10 --> 00:41:14
			fourth rakah, nobody is correcting me, likely it
		
00:41:14 --> 00:41:14
			is the fourth rakah.
		
00:41:15 --> 00:41:20
			So for the imam, they would, the earlier
		
00:41:20 --> 00:41:26
			Hanbalis and the middle Hanbalis would allow him
		
00:41:26 --> 00:41:31
			to proceed on the basis of al-dhann
		
00:41:31 --> 00:41:33
			al-ghalib, predominant assumption.
		
00:41:33 --> 00:41:35
			The predominant assumption here is that I'm not
		
00:41:35 --> 00:41:37
			being corrected, I'm fine.
		
00:41:37 --> 00:41:40
			So even though I still have doubt about
		
00:41:40 --> 00:41:43
			it, later Hanbalis said, no, it doesn't matter.
		
00:41:44 --> 00:41:47
			You know, you go by certainty.
		
00:41:48 --> 00:41:50
			It doesn't matter whether you're imam or not.
		
00:41:51 --> 00:41:53
			You just, you know, if you're doubtful about
		
00:41:53 --> 00:41:57
			the third rakah, you pray, you make it
		
00:41:57 --> 00:41:57
			up.
		
00:41:59 --> 00:42:03
			Now, so and there are different factors that,
		
00:42:03 --> 00:42:09
			so what about, what about the, you know,
		
00:42:09 --> 00:42:15
			so 50-50, of course, 50-50, they
		
00:42:15 --> 00:42:17
			will tell you, base it on the lower
		
00:42:17 --> 00:42:18
			number.
		
00:42:18 --> 00:42:24
			And that applies to all, you know, ibadat
		
00:42:24 --> 00:42:28
			that have specific numbers, you know, that are
		
00:42:28 --> 00:42:32
			counted, like tawaf, for instance, like the number
		
00:42:32 --> 00:42:35
			of times you wash something to be clean.
		
00:42:35 --> 00:42:37
			In the Hanbali method, there is like a
		
00:42:37 --> 00:42:38
			story about this.
		
00:42:38 --> 00:42:41
			It's about seven times, it's seven times that
		
00:42:41 --> 00:42:43
			you need to wash something to remove the
		
00:42:43 --> 00:42:43
			filth.
		
00:42:44 --> 00:42:48
			But, but that's a different discussion.
		
00:42:49 --> 00:42:50
			There's so much disagreement about this.
		
00:42:50 --> 00:42:54
			But anyway, so the number of times you
		
00:42:54 --> 00:42:58
			wash something, the number of tawafs, everything that
		
00:42:58 --> 00:43:01
			has a count, you go by certainty.
		
00:43:02 --> 00:43:03
			So if you're doubtful whether you made five
		
00:43:03 --> 00:43:06
			tawafs or four, how many have you made?
		
00:43:06 --> 00:43:07
			Four.
		
00:43:08 --> 00:43:13
			Okay, but then what if it is not
		
00:43:13 --> 00:43:14
			50-50?
		
00:43:14 --> 00:43:16
			What if it is 70-30?
		
00:43:17 --> 00:43:24
			Like you're really 73 rakahs, 32 rakahs.
		
00:43:24 --> 00:43:25
			Where do you go from here?
		
00:43:26 --> 00:43:29
			So this is a matter of disagreement between
		
00:43:29 --> 00:43:29
			the scholars.
		
00:43:30 --> 00:43:33
			And many scholars said that because of the
		
00:43:33 --> 00:43:35
			different hadith, where some of the hadith the
		
00:43:35 --> 00:43:42
			Prophet ï·º said, let him investigate, verify, or
		
00:43:42 --> 00:43:49
			it will eventually mean, go by the predominant
		
00:43:49 --> 00:43:50
			assumption.
		
00:43:51 --> 00:43:55
			So yataharra, let him, you know, yataharra would
		
00:43:55 --> 00:43:58
			be investigate, verify, but here in this particular
		
00:43:59 --> 00:44:03
			context, let him think about it, like try
		
00:44:03 --> 00:44:04
			and figure it out, try to sort it
		
00:44:04 --> 00:44:06
			out, let him try to sort it out,
		
00:44:07 --> 00:44:10
			and base it on the predominant assumption.
		
00:44:10 --> 00:44:15
			And in some hadith, let him base, proceed
		
00:44:15 --> 00:44:18
			on the basis of certainty.
		
00:44:18 --> 00:44:21
			So to bring these hadith together, some of
		
00:44:21 --> 00:44:25
			the scholars said that yataharra applies to this
		
00:44:25 --> 00:44:29
			scenario, and proceed on the basis of certainty
		
00:44:29 --> 00:44:31
			applies to this scenario.
		
00:44:31 --> 00:44:33
			50-50, proceed on the basis of certainty.
		
00:44:34 --> 00:44:35
			So disregard of the 50.
		
00:44:35 --> 00:44:39
			50 is not enough to, you know, 70
		
00:44:39 --> 00:44:41
			-30, go by the 70%.
		
00:44:41 --> 00:44:45
			Because, but that's not the Hanbali thing, you
		
00:44:45 --> 00:44:47
			know, so the Hanbali thing is even 70
		
00:44:47 --> 00:44:51
			-30, you go by, it's two rakahs still,
		
00:44:52 --> 00:44:54
			because you will proceed on the basis of
		
00:44:54 --> 00:44:56
			certainty.
		
00:44:56 --> 00:45:02
			So what some other scholars said, like Imam
		
00:45:02 --> 00:45:06
			Zabu Hanifa and Ilaith, they said that someone
		
00:45:06 --> 00:45:13
			who is a habitual, you know, doubter, would,
		
00:45:14 --> 00:45:22
			like an, like an obsessive person, will, will
		
00:45:22 --> 00:45:25
			we tell him to proceed on the basis
		
00:45:25 --> 00:45:26
			of certainty all the time?
		
00:45:26 --> 00:45:27
			They said no.
		
00:45:27 --> 00:45:33
			For those habitual doubters, the obsessive people, they,
		
00:45:34 --> 00:45:36
			we will, we will not require them to
		
00:45:36 --> 00:45:37
			proceed on the basis of certainty.
		
00:45:38 --> 00:45:41
			And that is what I basically, that is
		
00:45:41 --> 00:45:43
			what I go by, that is what I
		
00:45:43 --> 00:45:47
			tell people, particularly people who are obsessive.
		
00:45:47 --> 00:45:49
			Because for those people, if you always tell
		
00:45:49 --> 00:45:52
			them proceed on the basis of certainty, I
		
00:45:52 --> 00:45:55
			have seen so many of them who, you
		
00:45:55 --> 00:45:57
			know, would pray 16 rakahs.
		
00:45:58 --> 00:46:02
			Because it's, it's just like, it's endless obsessions.
		
00:46:02 --> 00:46:05
			You know, every, every salah is 16 or
		
00:46:05 --> 00:46:06
			17 rakahs.
		
00:46:06 --> 00:46:09
			And then, in addition to their obsessions about
		
00:46:09 --> 00:46:11
			wudu and so on and so forth, it's
		
00:46:11 --> 00:46:13
			a full time job to pray the five
		
00:46:13 --> 00:46:14
			times.
		
00:46:17 --> 00:46:17
			Yes.
		
00:46:17 --> 00:46:18
			Yes.
		
00:46:27 --> 00:46:28
			Yes.
		
00:46:36 --> 00:46:40
			At middle Hanbalis will say if you're the
		
00:46:40 --> 00:46:43
			imam and you're not corrected, you can proceed
		
00:46:43 --> 00:46:46
			on the basis of predominant assumption.
		
00:46:48 --> 00:46:50
			Later Hanbalis said no.
		
00:46:51 --> 00:46:53
			Even if you're the imam and you're not
		
00:46:53 --> 00:46:55
			being corrected, you proceed on the basis of
		
00:46:55 --> 00:46:55
			certainty.
		
00:46:56 --> 00:47:00
			You can't basically base it on predominant assumption.
		
00:47:01 --> 00:47:05
			So you are the imam and 80%
		
00:47:05 --> 00:47:07
			you pray three rakahs.
		
00:47:08 --> 00:47:10
			80% you pray three rakahs.
		
00:47:11 --> 00:47:13
			And you are the imam.
		
00:47:13 --> 00:47:17
			You still proceed on the basis of certainty.
		
00:47:18 --> 00:47:18
			Which means what?
		
00:47:19 --> 00:47:21
			Count two only.
		
00:47:22 --> 00:47:24
			That is the position according to the later
		
00:47:24 --> 00:47:26
			Hanbali scholars.
		
00:47:26 --> 00:47:28
			This is a matter of disagreement, but this
		
00:47:28 --> 00:47:30
			is a position according to the later Hanbali
		
00:47:30 --> 00:47:31
			scholars.
		
00:47:31 --> 00:47:34
			The middle Hanbali scholars, like, like who, like
		
00:47:34 --> 00:47:37
			Ibn Qadamah, for instance, they would say, if
		
00:47:37 --> 00:47:41
			you're the imam, if you are the imam,
		
00:47:41 --> 00:47:46
			then you proceed on the basis of predominant
		
00:47:46 --> 00:47:46
			assumption.
		
00:47:47 --> 00:47:49
			You are the imam and you feel that
		
00:47:49 --> 00:47:50
			you've prayed three.
		
00:47:50 --> 00:47:51
			You feel this is the fourth rakah.
		
00:47:52 --> 00:47:53
			You are in the shahood.
		
00:47:53 --> 00:47:55
			No one is correcting you.
		
00:47:55 --> 00:47:56
			Carry on.
		
00:47:57 --> 00:47:58
			You prayed four.
		
00:48:02 --> 00:48:03
			Okay.
		
00:48:13 --> 00:48:16
			If someone corrects you, then you'll just, yeah,
		
00:48:16 --> 00:48:22
			then based on your confidence in the correction,
		
00:48:23 --> 00:48:26
			this principle also applies.
		
00:48:26 --> 00:48:27
			Okay.
		
00:48:28 --> 00:48:31
			Now, so if someone doubts whether they pronounce
		
00:48:31 --> 00:48:54
			divorce or not, they
		
00:48:54 --> 00:48:57
			need to basically figure out how to help
		
00:48:57 --> 00:49:00
			themselves because it's not, it's not proper.
		
00:49:00 --> 00:49:04
			I mean, the deen, Allah did not want
		
00:49:04 --> 00:49:05
			to overburden us.
		
00:49:06 --> 00:49:09
			And we will talk about, you know, one
		
00:49:09 --> 00:49:12
			of the proofs for this qaida is when
		
00:49:12 --> 00:49:26
			the Prophet sallallahu alayhi wa sallam said, So
		
00:49:26 --> 00:49:31
			when someone, when one of you feel something
		
00:49:31 --> 00:49:33
			in their stomach and they are in doubt
		
00:49:33 --> 00:49:36
			whether something exited from them, that's wind, exited
		
00:49:36 --> 00:49:38
			from them or not.
		
00:49:38 --> 00:49:40
			They should not leave the masjid until they
		
00:49:40 --> 00:49:44
			smell an odor or hear a sound.
		
00:49:45 --> 00:49:47
			Um, why, why is the Prophet sallallahu alayhi
		
00:49:47 --> 00:49:49
			wa sallam keen on teaching this?
		
00:49:49 --> 00:49:56
			Because otherwise people will become obsessive and obsessiveness
		
00:49:56 --> 00:50:00
			is extremely burdensome, extremely burdensome.
		
00:50:00 --> 00:50:03
			So we need people who are obsessive.
		
00:50:03 --> 00:50:06
			They need just to quit their obsessiveness and
		
00:50:06 --> 00:50:09
			people need to be assertive in helping them
		
00:50:09 --> 00:50:12
			quitting their obsessiveness and they should not validate
		
00:50:12 --> 00:50:15
			their obsessiveness in any way.
		
00:50:19 --> 00:50:21
			So if someone pronounced divorce and they're not
		
00:50:21 --> 00:50:24
			sure whether they pronounce divorce, so then they
		
00:50:24 --> 00:50:26
			have, they pronounce divorce.
		
00:50:26 --> 00:50:30
			No, no, they haven't pronounced divorce because the
		
00:50:30 --> 00:50:33
			certainty of the marital bond is not going
		
00:50:33 --> 00:50:36
			to be overruled by doubt.
		
00:50:37 --> 00:50:40
			And if they're also uncertain about the conditions
		
00:50:40 --> 00:50:43
			of divorce and things of that nature, we
		
00:50:43 --> 00:50:47
			will always favor the certainty of the marital
		
00:50:47 --> 00:50:49
			bond, presumption of continuity.
		
00:50:51 --> 00:50:53
			Now, what are the basis for this qaida?
		
00:50:54 --> 00:50:57
			The basis for this qaida from the sunnah
		
00:50:57 --> 00:50:59
			is the hadith that we just mentioned.
		
00:50:59 --> 00:51:01
			You know, you don't leave the masjid until
		
00:51:01 --> 00:51:04
			you hear a sound or you smell an
		
00:51:04 --> 00:51:04
			odor.
		
00:51:05 --> 00:51:09
			So disregard, dismiss the doubt.
		
00:51:11 --> 00:51:16
			Allah subhanahu wa ta'ala said that dhan,
		
00:51:16 --> 00:51:22
			which is assumption, presumption, could it be called
		
00:51:22 --> 00:51:23
			doubt here, I guess I would call it
		
00:51:23 --> 00:51:27
			assumption, that's the accurate translation, does not avail
		
00:51:27 --> 00:51:28
			anything against the truth.
		
00:51:29 --> 00:51:31
			Dhan does not avail anything against the truth.
		
00:51:32 --> 00:51:37
			So if you have the 100%, then dhan,
		
00:51:37 --> 00:51:39
			you know, that anything that competes with the
		
00:51:39 --> 00:51:43
			100% short of 100% is not,
		
00:51:43 --> 00:51:46
			basically does not overrule it.
		
00:51:48 --> 00:51:51
			And finally, it is the rational thing.
		
00:51:52 --> 00:51:56
			You know, finally, sensible people will not disregard
		
00:51:56 --> 00:52:01
			or discard certainty for doubt.
		
00:52:01 --> 00:52:03
			Rational people wouldn't do that.
		
00:52:05 --> 00:52:09
			Now, some of the guidelines or the most
		
00:52:09 --> 00:52:13
			important thing that we will be discussing, and
		
00:52:13 --> 00:52:15
			unfortunately, we are a little bit late.
		
00:52:18 --> 00:52:20
			And I hope that we discuss more of
		
00:52:20 --> 00:52:21
			this today.
		
00:52:22 --> 00:52:28
			But because, you know, we're talking about certainty,
		
00:52:28 --> 00:52:31
			and we're talking about, you know, the definition
		
00:52:31 --> 00:52:34
			of certainty and definition of doubt and dhan
		
00:52:34 --> 00:52:34
			and so on.
		
00:52:35 --> 00:52:42
			How do the scholars, how perceive ghalabha to
		
00:52:42 --> 00:52:42
			dhan?
		
00:52:42 --> 00:52:46
			Are they treating ghalabha to dhan, predominant assumption?
		
00:52:47 --> 00:52:50
			Ghalabha is from *.
		
00:52:51 --> 00:52:52
			Dhan is assumption.
		
00:52:52 --> 00:52:55
			So the dhan that dominates, the dhan that
		
00:52:55 --> 00:52:57
			dominates, predominant assumption.
		
00:52:58 --> 00:53:01
			So are the scholars treating predominant assumption, ghalabha
		
00:53:01 --> 00:53:05
			to dhan, like certainty, or not?
		
00:53:06 --> 00:53:08
			That's a very long discussion.
		
00:53:09 --> 00:53:10
			We'll start it here.
		
00:53:10 --> 00:53:16
			But likely, we will need maybe the next
		
00:53:16 --> 00:53:19
			session to finish it off.
		
00:53:20 --> 00:53:23
			So al-Shaq refers to, we talked about,
		
00:53:23 --> 00:53:27
			you know, the 0%, 1 to 49%, 50%,
		
00:53:27 --> 00:53:30
			or 51 to 99%.
		
00:53:30 --> 00:53:33
			And the 100%.
		
00:53:33 --> 00:53:37
			Now, there is a part of it that
		
00:53:37 --> 00:53:43
			is important, which says, which means what?
		
00:53:45 --> 00:53:47
			Conjecture is disregarded.
		
00:53:48 --> 00:53:49
			Conjecture is not considered.
		
00:53:51 --> 00:53:53
			Conjecture is not considered.
		
00:53:53 --> 00:53:55
			Conjection is disregarded.
		
00:53:57 --> 00:53:59
			So what is tawahum?
		
00:53:59 --> 00:54:01
			The 1 to 49%.
		
00:54:01 --> 00:54:02
			That is tawahum.
		
00:54:03 --> 00:54:04
			That is conjecture.
		
00:54:04 --> 00:54:06
			Conjecture is disregarded.
		
00:54:06 --> 00:54:09
			So we will not base our ahkam and
		
00:54:09 --> 00:54:11
			fiqh on conjecture.
		
00:54:12 --> 00:54:12
			Conjecture.
		
00:54:13 --> 00:54:14
			Will there be some exceptions?
		
00:54:15 --> 00:54:17
			Yes, there will be some exceptions.
		
00:54:17 --> 00:54:19
			You know, for things that you need to
		
00:54:19 --> 00:54:22
			be more cautious about, there will be some
		
00:54:22 --> 00:54:24
			exceptions.
		
00:54:24 --> 00:54:26
			But that is the rule.
		
00:54:26 --> 00:54:29
			Unless you have a competing, that is the
		
00:54:29 --> 00:54:29
			principle.
		
00:54:29 --> 00:54:32
			Unless you have a competing principle, this principle
		
00:54:32 --> 00:54:37
			will always rule and will always apply.
		
00:54:38 --> 00:54:43
			Now, so this is, so we said the
		
00:54:43 --> 00:54:45
			shaq is disregarded.
		
00:54:45 --> 00:54:51
			liyaqeen la'zul bish-shaq, bil-awla, a
		
00:54:51 --> 00:54:56
			priori, tawahum, which is conjecture, if 50%, we
		
00:54:56 --> 00:55:00
			disregard the 50%, bil-awla, a priori, we
		
00:55:00 --> 00:55:04
			disregard the 49%, all the way down to
		
00:55:04 --> 00:55:06
			the 1%.
		
00:55:06 --> 00:55:10
			Now, so what about ghalabat al-dhan, which
		
00:55:10 --> 00:55:13
			is the 51% to 99%?
		
00:55:14 --> 00:55:15
			What do we do with this?
		
00:55:16 --> 00:55:18
			And what did the fuqaha do with this?
		
00:55:19 --> 00:55:23
			ghalabat al-dhan mu'tabara fil-ghalib.
		
00:55:24 --> 00:55:28
			This is how you phrase this maxim.
		
00:55:29 --> 00:55:31
			ghalabat al-dhan mu'tabara fil-ghalib.
		
00:55:31 --> 00:55:32
			You need to add fil-ghalib.
		
00:55:33 --> 00:55:37
			Predominant assumption is generally taken into consideration.
		
00:55:37 --> 00:55:41
			We added generally here to indicate the presence
		
00:55:41 --> 00:55:42
			of exceptions.
		
00:55:45 --> 00:55:49
			So al-Imam ibn al-Laham, rahimahullah ta
		
00:55:49 --> 00:55:52
			'ala, says numerous rulings are derived based on
		
00:55:52 --> 00:55:56
			acting upon assumption, dhan, which he means by
		
00:55:56 --> 00:55:58
			dhan here what?
		
00:55:58 --> 00:55:59
			ghalabat al-dhan.
		
00:56:00 --> 00:56:02
			This is something that, you know, a little
		
00:56:02 --> 00:56:05
			bit subtle, but pay attention to it.
		
00:56:05 --> 00:56:08
			When they say dhan, they are meaning ghalabat
		
00:56:08 --> 00:56:09
			al-dhan.
		
00:56:09 --> 00:56:11
			So they either use dhan or ghalabat al
		
00:56:11 --> 00:56:11
			-dhan.
		
00:56:12 --> 00:56:14
			Most of the time when they say dhan,
		
00:56:14 --> 00:56:18
			simply, they are not meaning shak, they are
		
00:56:18 --> 00:56:19
			not meaning wahm.
		
00:56:20 --> 00:56:23
			They are meaning the 51 to 99%
		
00:56:23 --> 00:56:27
			ghalabat al-dhan, the predominant assumption.
		
00:56:27 --> 00:56:30
			So he says here that numerous rulings are
		
00:56:30 --> 00:56:34
			derived based on dhan, acting upon assumption.
		
00:56:34 --> 00:56:37
			However, our jurists, that is our jurists, when
		
00:56:37 --> 00:56:40
			he says our jurists, he means hambadis.
		
00:56:40 --> 00:56:44
			Our jurists have not consistently applied a universal
		
00:56:44 --> 00:56:46
			principle regarding this.
		
00:56:47 --> 00:56:52
			And in no madhhab, you know, complete consistency
		
00:56:52 --> 00:56:54
			is not human.
		
00:56:54 --> 00:56:57
			Humans are not completely consistent.
		
00:56:58 --> 00:56:59
			That's just the nature of things.
		
00:57:01 --> 00:57:05
			In some instances, they ruled to act upon
		
00:57:05 --> 00:57:09
			assumption, while in others, they required certainty, yaqeen.
		
00:57:11 --> 00:57:14
			He says, Abu al-Abbas, Abu al-Abbas
		
00:57:14 --> 00:57:19
			is the quniyah of Imam Taqayyiddin ibn Taymiyyah,
		
00:57:19 --> 00:57:21
			Abu al-Abbas.
		
00:57:21 --> 00:57:23
			He didn't have children, but that's his quniyah,
		
00:57:23 --> 00:57:24
			Abu al-Abbas.
		
00:57:24 --> 00:57:29
			So Imam Abu al-Abbas, he says, was
		
00:57:29 --> 00:57:34
			consistent, tarada qa'idatahu, which means adhered to
		
00:57:34 --> 00:57:34
			his principle.
		
00:57:35 --> 00:57:39
			Tarada qa'idatahu means he was consistent applying
		
00:57:39 --> 00:57:42
			his principle or adhered to his principle, and
		
00:57:42 --> 00:57:45
			stating that assumption should be acted upon in
		
00:57:45 --> 00:57:50
			the vast majority, but even Imam ibn Taymiyyah
		
00:57:50 --> 00:57:52
			did not say always.
		
00:57:53 --> 00:57:55
			He said in the vast majority of matters
		
00:57:55 --> 00:57:57
			of the sharia.
		
00:57:58 --> 00:58:03
			So how do you understand that statement from
		
00:58:03 --> 00:58:06
			Ibn al-Laham, rahimahullah, this is what it
		
00:58:06 --> 00:58:09
			is, you know, scholars are human beings.
		
00:58:10 --> 00:58:14
			They can't be consistent, you know, any book,
		
00:58:14 --> 00:58:16
			walau kana min AAindi ghayri Allahi la wajadu
		
00:58:16 --> 00:58:18
			feehi ikhtilafan kathira, had it been from other
		
00:58:18 --> 00:58:22
			than Allah, they would have found therein much
		
00:58:22 --> 00:58:22
			contradiction.
		
00:58:23 --> 00:58:25
			Any book other than the Book of Allah,
		
00:58:25 --> 00:58:27
			you will find contradictions inside it.
		
00:58:27 --> 00:58:30
			You will find contradictions because it is a
		
00:58:30 --> 00:58:32
			human effort, a human effort.
		
00:58:33 --> 00:58:37
			But having said that, did where the scholars
		
00:58:37 --> 00:58:42
			haphazardly like applying the qa'ida, or applying
		
00:58:42 --> 00:58:44
			the qa'ida sometimes and not applying it
		
00:58:44 --> 00:58:48
			other times arbitrarily, haphazardly?
		
00:58:48 --> 00:58:49
			No, of course not.
		
00:58:49 --> 00:58:51
			We don't think this way about our scholars.
		
00:58:52 --> 00:58:53
			Could they make mistakes?
		
00:58:53 --> 00:58:53
			Yes.
		
00:58:54 --> 00:58:57
			You know, could sometimes they favor another qa
		
00:58:57 --> 00:58:59
			'ida over this qa'ida, unwarrantedly?
		
00:59:00 --> 00:59:00
			Yes.
		
00:59:00 --> 00:59:04
			But they are not doing this haphazardly, and
		
00:59:04 --> 00:59:05
			they're not doing this arbitrarily.
		
00:59:05 --> 00:59:08
			So when they have competing qa'ids, sometimes
		
00:59:08 --> 00:59:10
			they may favor one over the other that
		
00:59:10 --> 00:59:11
			didn't deserve to be favored.
		
00:59:12 --> 00:59:16
			So they would disagree because of this.
		
00:59:16 --> 00:59:19
			But most of the time, when our scholars
		
00:59:19 --> 00:59:24
			did not apply a particular qa'ida, there
		
00:59:24 --> 00:59:25
			was a reason.
		
00:59:26 --> 00:59:28
			And that is, that's the, that is basically
		
00:59:28 --> 00:59:32
			the pleasure in studying fiqh, is to be
		
00:59:32 --> 00:59:35
			able to figure out what, so what's the
		
00:59:35 --> 00:59:37
			difference between this and that?
		
00:59:37 --> 00:59:39
			Why did they do this here and not
		
00:59:39 --> 00:59:39
			here?
		
00:59:40 --> 00:59:43
			Or why did they apply the ruling or
		
00:59:43 --> 00:59:45
			the maxim here, but not there?
		
00:59:45 --> 00:59:48
			And that is the pleasure of fiqh.
		
00:59:50 --> 00:59:53
			So upon examining the rulings, you know, I
		
00:59:53 --> 00:59:55
			said here, upon examining the rulings, it becomes
		
00:59:55 --> 00:59:57
			evident that ghalabat al-dhan, in most cases,
		
00:59:58 --> 01:00:00
			would be treated against a certainty.
		
01:00:01 --> 01:00:05
			In fact, in fact, in durar al-
		
01:00:05 --> 01:00:12
			hukkam, the definition of certainty included ghalabat al
		
01:00:12 --> 01:00:12
			-dhan.
		
01:00:13 --> 01:00:18
			So in durar al-hukkam, durar al-hukkam
		
01:00:18 --> 01:00:19
			is Hanafi.
		
01:00:20 --> 01:00:23
			It is the, you know, sharh majallat al
		
01:00:23 --> 01:00:23
			-ahkam.
		
01:00:24 --> 01:00:27
			So the majallat al-ahkam that was put
		
01:00:27 --> 01:00:30
			together, it's like different maxims that were put
		
01:00:30 --> 01:00:35
			together, and others during the Ottoman Empire, the
		
01:00:35 --> 01:00:40
			Ottoman era, durar al-hukkam would be a
		
01:00:40 --> 01:00:41
			commentary on it.
		
01:00:41 --> 01:00:43
			So it was, it was in accordance with
		
01:00:43 --> 01:00:44
			the Hanafi madhhab.
		
01:00:45 --> 01:00:47
			So it says in durar al-hukkam, technically,
		
01:00:49 --> 01:00:52
			certainty is husul al-jazm, or dhan al
		
01:00:52 --> 01:00:52
			-ghalib.
		
01:00:52 --> 01:00:55
			Certainty is husul al-jazm, or dhan al
		
01:00:55 --> 01:00:58
			-ghalib, which would mean the attainment of unwavering
		
01:00:58 --> 01:01:02
			conviction or predominant assumption regarding the occurrence or
		
01:01:02 --> 01:01:04
			non-occurrence of something.
		
01:01:05 --> 01:01:09
			So they even included predominant assumption in their
		
01:01:09 --> 01:01:12
			definition of certainty.
		
01:01:13 --> 01:01:15
			Now, you don't have to do this.
		
01:01:15 --> 01:01:17
			You don't have to say that certainty is
		
01:01:17 --> 01:01:20
			certainty and predominant assumption.
		
01:01:20 --> 01:01:23
			But you could say that the rulings that
		
01:01:23 --> 01:01:27
			when we're talking about certainty, we're including predominant
		
01:01:27 --> 01:01:30
			assumption, but predominant assumption is not certainty.
		
01:01:31 --> 01:01:33
			I mean, let's be clear, you know, 55
		
01:01:33 --> 01:01:35
			% is not 100%.
		
01:01:35 --> 01:01:37
			There is a difference between 100% and
		
01:01:37 --> 01:01:38
			55%.
		
01:01:38 --> 01:01:41
			So predominant assumption should not be part of
		
01:01:41 --> 01:01:44
			the definition of certainty.
		
01:01:44 --> 01:01:48
			But we're saying that we will consider predominant
		
01:01:48 --> 01:01:53
			assumption, generally speaking, most of the time, not
		
01:01:53 --> 01:01:55
			always, but most of the time, we will
		
01:01:55 --> 01:01:58
			consider predominant assumption, like certainty.
		
01:02:03 --> 01:02:19
			And so there are a
		
01:02:19 --> 01:02:24
			lot of Allah says, if he divorces her,
		
01:02:25 --> 01:02:28
			then there is no blame on them, if
		
01:02:28 --> 01:02:31
			they return to one another or resume the
		
01:02:31 --> 01:02:36
			marriage, if they presume assume that they will
		
01:02:36 --> 01:02:39
			establish the bounds of Allah, or that they
		
01:02:39 --> 01:02:42
			will respect the bounds of Allah observe the
		
01:02:42 --> 01:02:45
			bounds of Allah in their marriage, that they
		
01:02:45 --> 01:02:48
			will have a civil marriage, like a decent
		
01:02:48 --> 01:02:50
			marriage, observing the bounds of Allah subhana wa
		
01:02:50 --> 01:02:52
			ta'ala rights and obligations and so on.
		
01:02:53 --> 01:02:57
			So then, Allah himself is telling us that
		
01:02:57 --> 01:03:01
			we can base our actions on assumption.
		
01:03:02 --> 01:03:05
			If they think if they assume that they
		
01:03:05 --> 01:03:08
			will observe the bounds of Allah, they can
		
01:03:08 --> 01:03:09
			return to one another.
		
01:03:10 --> 01:03:13
			If they assume that they will not observe
		
01:03:13 --> 01:03:15
			the bounds of Allah, they should not return
		
01:03:15 --> 01:03:16
			to one another.
		
01:03:18 --> 01:03:18
			Okay.
		
01:03:21 --> 01:03:25
			So the clarification of this particular qaeda will
		
01:03:25 --> 01:03:31
			be in the 159th maxim of al-imam
		
01:03:31 --> 01:03:34
			ibn rajab, rahimahullah qaeda or the qaeda of
		
01:03:34 --> 01:03:37
			al-imam ibn rajab rahimahullah, where he stated
		
01:03:37 --> 01:03:43
			when the default or original presumption and apparent
		
01:03:43 --> 01:03:46
			evidence are in conflict, he says, if the
		
01:03:46 --> 01:03:50
			apparent evidence is a proof in sharia, okay,
		
01:03:51 --> 01:03:53
			let me just do it here by drawing,
		
01:03:54 --> 01:03:54
			it will be easier.
		
01:03:55 --> 01:03:59
			So we have the default presumption, it's called
		
01:03:59 --> 01:04:00
			al-asl.
		
01:04:00 --> 01:04:03
			Al-asl is the default presumption, right?
		
01:04:04 --> 01:04:06
			Default presumption is al-asl.
		
01:04:13 --> 01:04:17
			So we have something called al-zahir.
		
01:04:18 --> 01:04:26
			Al-zahir is the apparent indication, that which
		
01:04:26 --> 01:04:32
			is apparent, apparent, so apparent indication or apparent
		
01:04:32 --> 01:04:36
			evidence, evidence indication, apparent indication.
		
01:04:36 --> 01:04:37
			They conflict.
		
01:04:39 --> 01:04:41
			You have al-asl, you have, you know,
		
01:04:41 --> 01:04:47
			predominant assumption, default original assumption or presumption, and
		
01:04:47 --> 01:04:49
			then you have al-zahir that conflicts with
		
01:04:49 --> 01:04:50
			this al-asl.
		
01:04:51 --> 01:04:52
			What do you do in this case?
		
01:04:53 --> 01:04:59
			So if you have two scenarios, this al
		
01:04:59 --> 01:05:03
			-asl is bayyina shari'a, this al-asl
		
01:05:03 --> 01:05:06
			is bayyina shari'a, meaning a legally admissible
		
01:05:06 --> 01:05:10
			evidence in sharia, legally admissible evidence in sharia.
		
01:05:11 --> 01:05:16
			Give me examples, you know, shahadat rajulayn fi
		
01:05:16 --> 01:05:19
			umar al-maliyya, or a man and two
		
01:05:19 --> 01:05:22
			women, you know, the testimony of two men,
		
01:05:22 --> 01:05:23
			testimony of one man and two women, and
		
01:05:23 --> 01:05:26
			matters of, you know, financial matters and stuff
		
01:05:26 --> 01:05:29
			like this, the testimony of four in cases
		
01:05:29 --> 01:05:36
			of adultery, shahadat wahd wal yameen, an oath
		
01:05:36 --> 01:05:39
			and the testimony of one person, not in
		
01:05:39 --> 01:05:41
			our madhhab, but in our madhhab.
		
01:05:41 --> 01:05:44
			So these are called the bayyina shari'a.
		
01:05:44 --> 01:05:49
			We will go by this, and so if
		
01:05:49 --> 01:05:53
			the, and then we will, we will always
		
01:05:53 --> 01:05:59
			disregard the default presumption for the apparent indication,
		
01:05:59 --> 01:06:04
			apparent indication is a shari'a, a legally
		
01:06:04 --> 01:06:06
			admissible proof in shari'a.
		
01:06:07 --> 01:06:10
			It is not certain, testimony of two people
		
01:06:10 --> 01:06:15
			is not certain, but we will always favor
		
01:06:15 --> 01:06:18
			the bayyina shari'a, if it is a
		
01:06:18 --> 01:06:23
			legally admissible against the, so, so where, so
		
01:06:23 --> 01:06:28
			if someone, if two people witness someone violating,
		
01:06:29 --> 01:06:33
			you know, something, you know, and they testify
		
01:06:33 --> 01:06:39
			against them, the presumption of innocence is the
		
01:06:39 --> 01:06:43
			asr, the default, should be, everybody is a
		
01:06:43 --> 01:06:48
			non-liable, innocent until proven otherwise, so why
		
01:06:48 --> 01:06:56
			are we interrupting that presumption of innocence for
		
01:06:56 --> 01:06:59
			something that is less than certain, because it
		
01:06:59 --> 01:07:01
			is bayyina shari'a, it is a legally
		
01:07:01 --> 01:07:04
			admissible proof, the shari'a said you do
		
01:07:04 --> 01:07:07
			this, the shari'a said you basically, you
		
01:07:07 --> 01:07:09
			base your rulings on the testimony of two
		
01:07:09 --> 01:07:15
			credible male witnesses, or, you know, a male
		
01:07:15 --> 01:07:17
			and two females, and so on and so
		
01:07:17 --> 01:07:20
			forth, so we will have to, now, if
		
01:07:20 --> 01:07:26
			the apparent indication is not a legally admissible
		
01:07:26 --> 01:07:29
			evidence according to the shari'a, bayyina shari
		
01:07:29 --> 01:07:35
			'a, then we will have three different scenarios,
		
01:07:35 --> 01:07:45
			we will have three different scenarios, so, so
		
01:07:45 --> 01:07:49
			what we mean by the apparent evidence, apparent
		
01:07:49 --> 01:07:50
			evidence should not be in a bayyina shari
		
01:07:50 --> 01:07:54
			'a, this could be circumstantial evidence, this could
		
01:07:54 --> 01:07:58
			be, they say here what, apparent evidence is
		
01:07:58 --> 01:08:02
			based on custom, prevalent practice, circumstantial indications, predominant
		
01:08:02 --> 01:08:06
			assumption, similar factors, anything that is not a
		
01:08:06 --> 01:08:08
			bayyina shari'a, that is not a legally
		
01:08:08 --> 01:08:20
			admissible proof in shari'a, so bayyina, what,
		
01:08:22 --> 01:08:36
			not bayyina, so circumstantial, let's say, here
		
01:08:36 --> 01:08:39
			conditional and circumstantial, it could be situational, it
		
01:08:39 --> 01:08:42
			could be verbal, it could be anything, so,
		
01:08:43 --> 01:08:46
			but the bayyina shari'a, we will always
		
01:08:46 --> 01:08:49
			go by bayyina shari'a and give it
		
01:08:49 --> 01:08:54
			precedence, now, other than bayyina shari'a, then
		
01:08:54 --> 01:08:59
			we will have three different possibilities, sometimes, and
		
01:08:59 --> 01:09:02
			this will be our discussion next session, inshallah,
		
01:09:02 --> 01:09:07
			sometimes we will favor us over al-zahir,
		
01:09:07 --> 01:09:12
			we will favor the default presumption over apparent
		
01:09:12 --> 01:09:17
			indication, over apparent indication, sometimes we will favor
		
01:09:17 --> 01:09:24
			the apparent indication over the default presumption, so
		
01:09:24 --> 01:09:29
			certain things, we can't, we have to, like
		
01:09:29 --> 01:09:32
			the entry of time for the prayer, we
		
01:09:32 --> 01:09:36
			will have to go by predominant indication, or
		
01:09:36 --> 01:09:40
			the apparent indication, you know, the qiblah, we
		
01:09:40 --> 01:09:42
			will have to go by this, you know,
		
01:09:43 --> 01:09:47
			and so sometimes we will favor this over
		
01:09:47 --> 01:09:51
			this, sometimes we'll favor this over this, and
		
01:09:51 --> 01:09:52
			what's the third scenario?
		
01:09:53 --> 01:09:57
			We will disagree inside the madhhab, we will
		
01:09:57 --> 01:09:59
			disagree inside the madhhab, so for, you know,
		
01:09:59 --> 01:10:03
			so it, actually it's two different scenarios only,
		
01:10:03 --> 01:10:07
			but from our perspective in reporting the madhhab,
		
01:10:08 --> 01:10:11
			there are three different scenarios, one, they will
		
01:10:11 --> 01:10:14
			favor us over al-zahir, two, they will
		
01:10:14 --> 01:10:18
			favor al-zahir over us, three, they will
		
01:10:18 --> 01:10:21
			disagree among themselves, so some of the scholars
		
01:10:21 --> 01:10:24
			will favor us over al-zahir, and some
		
01:10:24 --> 01:10:27
			will favor al-zahir over us, and that
		
01:10:27 --> 01:10:30
			is going to be the subject matter of
		
01:10:30 --> 01:10:33
			the next session, when do they favor us
		
01:10:33 --> 01:10:36
			over al-zahir, or al-zahir over al
		
01:10:36 --> 01:10:40
			-azt, and when they disagree, this is going
		
01:10:40 --> 01:10:45
			to be the, you know, maybe the most
		
01:10:45 --> 01:10:50
			important part in discussing this qaeda, and if
		
01:10:50 --> 01:10:52
			you get this right, hopefully you'll get the
		
01:10:52 --> 01:10:56
			rest of the qaeda right, inshallah.