Hatem al-Haj – QWD024 Coherence of Sharia – Subsidiary Maxims Under Maxim 2

Hatem al-Haj
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The speakers discuss various topics related to the theory of generality, including the maxim of the Qiosha Qiosha (Qiosha Qiosha), the theory of generality, and the importance of consistency in Islam. They explore various types of Al-Istishaab, including Pres formation of generality, continuity of generality, and the importance of consistency in Islam. The speakers emphasize the need for universal acceptance of claims made by a buyer and seller, finding proof of a claim and verifying proof of incidental events. They also discuss the default approach for acts of worship, which is the default for hair falling, but the default is also for hair falling.

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			Bismillah Alhamdulilah wa salamu ala rasoola ala alihi
		
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			wa sahbihi wa man ala ahsan wa amma
		
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			ala abad.
		
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			To proceed.
		
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			So today, inshallah, we will start the alqa
		
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			'ad al-fariyyah, the subsidiary maxims of al
		
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			yaqeen la yazul bis shak.
		
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			We're now doing al yaqeen la yazul bis
		
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			shak.
		
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			This is the second major Qa'idah
		
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			and we're done with the definition and we're
		
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			done with the benefits and some guidelines and
		
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			remember the most important thing to get down
		
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			here is the difference between Yaqeen and Zun
		
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			and Wahm and Shaq and the sort of
		
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			the subtle distinctions between them because they are
		
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			treated differently.
		
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			So Wahm is the 1 to 49 percent,
		
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			Zun is the 51 to 99 percent, Shaq
		
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			is the 50 percent, Yaqeen is 0 percent
		
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			and 100 percent, 0 percent and 100 percent.
		
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			That's positive and negative.
		
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			And last time we spent the whole session
		
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			on what?
		
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			Ghalabatul Zun.
		
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			Ghalabatul Zun is predominant assumption.
		
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			It is called the Zun in the books
		
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			of Fiqh or Ghalabatul Zun.
		
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			Ghalabatul Zun predominant assumption, Zun is assumption but
		
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			it means predominant it means more than 50
		
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			percent.
		
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			However, as we have said before, sometimes you
		
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			have to be sensitive to context because sometimes
		
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			the scholars use Shaq to refer to anything
		
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			other than Yaqeen, to refer to anything other
		
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			than Yaqeen, other than certainty.
		
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			So in this case Shaq would include Zun
		
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			because it's just short of certainty.
		
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			But when they distinguish between them, between Shaq
		
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			and Zun, this is what they're talking about.
		
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			And we will come to some applications here
		
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			where we see how it is very consequential,
		
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			that distinction between Shaq and Zun, between the
		
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			50 percent and the 51 percent.
		
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			The distinction between the 50 and the 51
		
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			percent will be quite consequential as we will
		
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			see here in the applications.
		
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			So today we will start the Al-Qa
		
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			'ad Al-Fara'iyah wa-t-tadbiqat subsidiary
		
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			maxims and applications.
		
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			So first Al-Qa'ad Al-Fara'iyah,
		
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			the first thing that I wanted to say
		
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			is you should be expecting or you will
		
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			not be surprised when I tell you that
		
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			most of Al-Qa'ad Al-Fara'iyah,
		
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			the subsidiary maxims of Al-Yaqeen La Yazul
		
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			Bish-Shaq started by Al-Asl.
		
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			Al-Asl would mean what?
		
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			Default assumption, original assumption, default assumption.
		
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			We say Al-Asl Baqa' Ma'kan Ala
		
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			Ma'kan, which we translated here as the
		
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			default is the continuation of what was previously
		
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			established, the continuation of what has been previously
		
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			established.
		
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			We have Al-Asl Al-Bara'a, clearance
		
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			from liability.
		
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			That's Al-Asl Al-Bara'a, Al-Asl
		
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			Al-Ibaha, Al-Asl is permissibility of Al
		
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			-Ashya'a, of all things, and also permissibility
		
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			of customary actions versus devotional actions.
		
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			Customary actions versus devotional actions, which is Adat
		
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			versus Ibadat.
		
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			Okay, so let's take the first subsidiary maxim.
		
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			Al-Asl Baqa' Ma'kan Ala Ma'kan.
		
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			This is a huge maxim.
		
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			The default is the continuation of what was
		
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			previously established.
		
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			The default is the continuation of what has
		
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			been previously established.
		
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			This means what?
		
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			Istashaab Al-Madi Ila Al-Hadir.
		
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			Istashaab Al-Madi Ila Al-Hadir.
		
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			Al-Madi is present.
		
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			Al-Madi is past.
		
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			Al-Hadir is present.
		
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			Istashaab Al-Madi means that you pull the
		
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			Madi with you towards Al-Hadir.
		
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			You know, so the Madi would basically carry
		
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			over into Al-Hadir, or carrying over the
		
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			past into the present, carrying over the past
		
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			into the present.
		
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			So whatever has been established in the past,
		
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			it goes on.
		
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			It continues until it has been interrupted.
		
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			So the principle in Al-Qa'id Al
		
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			-Sa'diyya, and you're familiar now with Al-Qa
		
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			'id Al-Sa'diyya.
		
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			This appears, this Qa'id Al-Asl, to
		
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			show you how tightly connected Al-Asl Baqa'
		
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			Ma'kan Ala Ma'kan Wa Al-Yaqeen
		
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			La Yazool Bil-Shaq.
		
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			In Al-Qa'id Al-Sa'diyya, they were
		
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			combined together.
		
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			So the Sheikh said, Al-Asl Baqa' Ma
		
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			'kan Ala Ma'kan Wa Al-Yaqeen La
		
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			Yazool Bil-Shaq.
		
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			Combined them in one Qa'ida, in one
		
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			maxim, which is the default is the continuation
		
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			of what has been already established, and certainty
		
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			is not negated by doubt.
		
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			Combined the two in one Qa'ida.
		
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			So it is also expressed by the Hanafis
		
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			as Al-Qadim Yutrak Ala Qidamihi Wa Al
		
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			-Darar La Yaqoonu Qadiman.
		
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			Al-Qadim Yutrak Ala Qidamihi.
		
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			Al-Qadim is what?
		
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			That which has been established of old.
		
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			You know, Al-Qadim means old.
		
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			So what has been established, or I say
		
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			here, what is established of old, is left
		
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			as it is.
		
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			Is left as it is.
		
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			Al-Qadim Yutrak Ala Qidamihi.
		
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			Left as it is.
		
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			So we know that this house belongs to
		
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			Muhammad.
		
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			So it continues like this.
		
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			Yutrak Ala Qidamihi.
		
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			He's been living there for 30 years.
		
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			So Yutrak Ala Qidamihi.
		
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			But there is a another maxim attached to
		
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			this one.
		
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			Al-Darar La Yaqoonu Qadiman.
		
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			Al-Darar La Yaqoonu Qadiman.
		
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			So you have a spout that is bothering
		
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			all the people passing by in the street.
		
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			It brings, you know, rainwater on the people
		
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			passing by.
		
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			And you say the spout has been here
		
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			forever.
		
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			I don't care.
		
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			Al-Darar La Yaqoonu Qadiman.
		
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			Harm is not considered old.
		
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			Harm is not considered old.
		
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			Or harm is not, cannot be established.
		
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			So it will be removed regardless.
		
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			Okay.
		
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			So this maxim aligns with a significant principle
		
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			of Islamic legal theory, which is Qa'ilat
		
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			Al-Istishaab.
		
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			This maxim, Al-Asli Baqaa Makaan Ala Makaan,
		
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			aligns, we're talking about Usul Al-Fiqh here
		
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			or what?
		
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			We're talking about Qa'id.
		
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			However, there is, as we have discussed in
		
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			the beginning, a relationship, a very intimate relationship
		
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			between Al-Qa'id, Al-Usul, Al-Fiqh,
		
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			and so on.
		
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			So this Qa'idah aligns with Qa'idah
		
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			Usuliyyah, with a Qa'idah in Islamic legal
		
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			theory or Usul Al-Fiqh, fundamentals of Fiqh,
		
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			principles of jurisprudence, whatever, however you translate it,
		
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			which is Qa'idah Al-Istishaab.
		
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			In fact, that is what, you know, he
		
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			clearly says in Sharh Al-Kawka Bin Munir.
		
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			I don't know if it is in your
		
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			book or not.
		
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			But anyway, it is very connected to Qa
		
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			'idah Al-Istishaab.
		
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			There are several types of Al-Istishaab that
		
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			Sheikh Saad Al-Shetri, who, you know, wrote
		
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			a commentary on Al-Qa'idah Al-Sa'diyyah,
		
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			Sheikh Saad Al-Shetri wrote a commentary on
		
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			Al-Qa'idah Al-Sa'diyyah and mentioned several
		
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			types of Al-Istishaab.
		
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			And I quoted him verbatim in the book
		
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			because his breakdown of Al-Istishaab is very
		
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			beautiful and very comprehensive.
		
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			So he says Al-Istishaab is of several
		
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			types.
		
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			Al-Istishaab is what?
		
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			Presumption of what?
		
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			Continuity.
		
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			Continuity.
		
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			Presumption of continuity.
		
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			So Al-Istishaab is of several types.
		
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			Presumption of original permissibility, that is Al-Ibah
		
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			Al-Asliyyah.
		
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			Presumption of permissibility, Al-Ibah Al-Asliyyah, original
		
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			permissibility.
		
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			Everything is permissible until proven otherwise.
		
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			Presumption of Baraa, a hallmark of Islam, signature
		
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			characteristic of Islam.
		
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			We're born free of sin and we're born
		
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			free of liability.
		
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			Dhimmah Fariha.
		
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			Dhimmah would be translated as liability, individual liability,
		
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			I guess.
		
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			So Fariha, empty, you know, clear.
		
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			So you're born free of sin and free
		
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			of liability.
		
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			You don't owe anybody anything until proven otherwise.
		
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			That's presumption of Al-Baraa, you know, or
		
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			individual's liability being clear of any obligations until
		
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			proven otherwise.
		
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			Presumption of, you know, Istishaab Nass Al-Sharaa,
		
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			presumption of a text's validity, the validity of
		
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			text until it's proven to be abrogated.
		
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			Presumption of continuity of generality, continuity of generality,
		
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			Istishaab Al-Ummum, when you have a general
		
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			statement from Allah or the Prophet ﷺ, a
		
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			general statement, you shouldn't say, well, it may
		
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			be specified.
		
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			Okay, prove it.
		
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			It is general until you prove it specified.
		
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			You can't say, well, it's just a general
		
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			statement.
		
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			There may be specifications, okay?
		
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			There may be, but we will act upon
		
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			the generality of the statement until you basically
		
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			demonstrate where the taqsis is.
		
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			Then we have presumption of continuity of an
		
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			existing condition, that is Istishaab Al-Wasf.
		
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			Istishaab Al-Wasf is to presume the continuity
		
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			of an existing condition.
		
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			If you have tahara, then we will not
		
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			break your tahara.
		
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			If you have ritual purity, we will not
		
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			tell you it's broken until it is proven
		
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			so.
		
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			And then the last one is Istishaab Al
		
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			-Ijma'a Fi Mahal Al-Niza'a.
		
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			Istishaab Al-Ijma'a Fi Mahal Al-Niza
		
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			'a, which is to presume the continuity of
		
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			consensus, presume the continuity of consensus.
		
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			For example, if you make tayammum and you're
		
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			ready to pray, you're on your way to
		
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			pray and you find the bucket of water,
		
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			you know, is your tayammum valid?
		
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			Not valid by consensus.
		
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			You found the bucket of water.
		
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			So, okay.
		
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			Now, you started the prayer.
		
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			You've started the prayer.
		
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			So by consensus, tayammum is not valid.
		
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			You found a bucket of water.
		
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			You started the prayer.
		
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			You started the prayer.
		
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			Should we yanastashib Al-Ijma'a with us?
		
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			Meaning, should we basically pull that consensus into
		
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			the new circumstance or apply that consensus, let
		
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			it carry over into the new circumstance?
		
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			Some people will argue this.
		
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			This will be controversial.
		
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			Some people will say, we had agreed that
		
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			seeing the water before making takbir invalidates your
		
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			tayammum.
		
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			Therefore, we're arguing, those who will take that
		
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			position will argue that you need to prove
		
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			that this consensus is inapplicable after they made
		
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			takbir.
		
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			But this is certainly a controversial issue.
		
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			So some of the scholars will say, once
		
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			you have made takbir, that's it.
		
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			A controversial issue.
		
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			But the people who use this argument will
		
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			say, nastashib Al-Ijma'a.
		
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			We will let the Ijma'a carry over
		
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			into the new circumstance.
		
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			Now, some applications.
		
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			Distinguishing between doubt about the start of Fajr
		
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			and sunset.
		
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			So doubt about Fajr and sunset.
		
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			This is a very interesting, and this is
		
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			where we can demonstrate the difference between shak
		
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			and dhan.
		
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			Shak and dhan.
		
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			So if you're doubtful, if the Fajr time
		
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			came in or not, and you continue to
		
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			eat because you're doubtful whether Fajr time came
		
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			in or not, did you break your fast?
		
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			Did you break your fast?
		
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			No, you didn't.
		
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			Because the default presumption is the continuity of
		
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			the night until Fajr comes in.
		
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			Continuity of the night is the default assumption.
		
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			If you doubt whether the sun set and
		
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			you eat, whether it's Maghrib time and you
		
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			eat.
		
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			Doubt whether it's Maghrib time and you eat.
		
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			Did you break your fast?
		
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			You broke your fast.
		
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			Because the default assumption is the continuity of
		
00:19:13 --> 00:19:13
			the day.
		
00:19:14 --> 00:19:18
			So you cannot basically break your fast on
		
00:19:18 --> 00:19:21
			the basis of doubt.
		
00:19:22 --> 00:19:22
			Doubt.
		
00:19:23 --> 00:19:25
			Here, it makes a big difference.
		
00:19:25 --> 00:19:26
			Assumption and doubt.
		
00:19:26 --> 00:19:27
			Shak.
		
00:19:27 --> 00:19:34
			Because if it is assumption, so doubt,
		
00:19:35 --> 00:19:38
			50%.
		
00:19:39 --> 00:19:43
			Fajr, Maghrib.
		
00:19:45 --> 00:19:46
			Maghrib.
		
00:19:47 --> 00:19:50
			Here, you doubt whether Fajr came in.
		
00:19:51 --> 00:19:52
			Your fast is good.
		
00:19:53 --> 00:19:56
			Here, your fast is not good.
		
00:19:57 --> 00:20:02
			That is simply because you are doubtful.
		
00:20:03 --> 00:20:07
			Not because you became, you came to know
		
00:20:07 --> 00:20:09
			that Maghrib did not come in.
		
00:20:11 --> 00:20:13
			Even if you did not know that Maghrib
		
00:20:13 --> 00:20:17
			did not come in, you broke your fast.
		
00:20:17 --> 00:20:22
			Because you broke your fast on the basis
		
00:20:22 --> 00:20:24
			of 50%.
		
00:20:24 --> 00:20:29
			Now, assumption or predominant assumption.
		
00:20:29 --> 00:20:33
			Assumption or predominant assumption.
		
00:20:33 --> 00:20:34
			51%.
		
00:20:34 --> 00:20:36
			And I know it's a little cruel to
		
00:20:36 --> 00:20:39
			say 50 and 51 because it is very
		
00:20:39 --> 00:20:41
			hard for a person to sort them out.
		
00:20:41 --> 00:20:45
			But I'm just telling you this is assumption.
		
00:20:45 --> 00:20:49
			You know, it's not two sides that are
		
00:20:49 --> 00:20:50
			completely equal.
		
00:20:52 --> 00:20:58
			You're somewhat more confident that Maghrib came in.
		
00:20:58 --> 00:21:00
			Okay, so Fajr.
		
00:21:04 --> 00:21:05
			Assumption.
		
00:21:07 --> 00:21:17
			Now, you assume that Fajr
		
00:21:17 --> 00:21:18
			came in.
		
00:21:18 --> 00:21:20
			That is predominant assumption.
		
00:21:20 --> 00:21:23
			And then you come to discover that it
		
00:21:23 --> 00:21:24
			did not come in.
		
00:21:25 --> 00:21:26
			No, no.
		
00:21:26 --> 00:21:28
			You assume that Fajr came in.
		
00:21:28 --> 00:21:30
			Assume here Fajr came in.
		
00:21:30 --> 00:21:33
			You assume here Maghrib came in.
		
00:21:33 --> 00:21:35
			Do you need to repeat?
		
00:21:36 --> 00:21:40
			Just assume and you continue to eat or
		
00:21:40 --> 00:21:41
			you start to eat.
		
00:21:41 --> 00:21:42
			Do you need to repeat?
		
00:21:42 --> 00:21:43
			No.
		
00:21:43 --> 00:21:44
			Your siyam is sahih.
		
00:21:44 --> 00:21:47
			Your fasting is sahih in both cases.
		
00:21:48 --> 00:21:57
			What if you come to know, what if
		
00:21:57 --> 00:22:02
			you come to know you were wrong?
		
00:22:04 --> 00:22:06
			You were wrong.
		
00:22:07 --> 00:22:09
			You came to know you were wrong.
		
00:22:11 --> 00:22:16
			When it comes to doubt, like even if
		
00:22:16 --> 00:22:17
			you did not come to know that you
		
00:22:17 --> 00:22:23
			were wrong, you will repeat, okay, for Maghrib.
		
00:22:23 --> 00:22:25
			If you come to know that you were
		
00:22:25 --> 00:22:29
			wrong, you will repeat in the mazhab because
		
00:22:29 --> 00:22:37
			there is no consideration for an assumption that
		
00:22:37 --> 00:22:38
			was proven wrong.
		
00:22:39 --> 00:22:40
			That was proven wrong.
		
00:22:40 --> 00:22:41
			You will repeat.
		
00:22:42 --> 00:22:47
			However, you know, Ibn Taymiyyah said, all you
		
00:22:47 --> 00:22:51
			needed to do is to act on predominant
		
00:22:51 --> 00:22:51
			assumption.
		
00:22:51 --> 00:22:53
			Therefore, you don't need to repeat.
		
00:22:54 --> 00:22:56
			What was wajib on you is to act
		
00:22:56 --> 00:22:57
			on predominant assumption.
		
00:22:58 --> 00:23:00
			Therefore, you don't need to repeat.
		
00:23:16 --> 00:23:17
			The hunch could be 51.
		
00:23:19 --> 00:23:23
			You know, doubt is when, you know, ihtimalan
		
00:23:23 --> 00:23:25
			la maziyata li ahadihima alal aakhir.
		
00:23:26 --> 00:23:29
			You have two possibilities, but none of them
		
00:23:29 --> 00:23:31
			has any more strength than the other.
		
00:23:32 --> 00:23:35
			It's just like, you know, I really can't
		
00:23:35 --> 00:23:35
			tell.
		
00:23:36 --> 00:23:37
			I really can't tell.
		
00:23:38 --> 00:23:42
			Versus, you know, you know, I know I
		
00:23:42 --> 00:23:43
			prayed for your raqas.
		
00:23:43 --> 00:23:49
			Why am I, you know, like, so anyway,
		
00:23:49 --> 00:23:50
			it is very hard.
		
00:23:51 --> 00:23:52
			But you feel it.
		
00:23:52 --> 00:23:53
			You feel it.
		
00:23:53 --> 00:23:56
			You feel that sometimes there is the two
		
00:23:56 --> 00:23:57
			possibilities.
		
00:23:57 --> 00:24:00
			There is no tiebreaker whatsoever between them.
		
00:24:00 --> 00:24:02
			And sometimes there is a tiebreaker.
		
00:24:03 --> 00:24:07
			Like, you feel inside that one possibility is
		
00:24:07 --> 00:24:08
			more likely.
		
00:24:12 --> 00:24:16
			But checking your phone is not, you know,
		
00:24:16 --> 00:24:17
			that's quite strong.
		
00:24:17 --> 00:24:19
			You know, like, you really, like, you can
		
00:24:19 --> 00:24:22
			go by your phone because these apps are
		
00:24:22 --> 00:24:25
			considered to be accurate.
		
00:24:29 --> 00:24:32
			So another one, if a man dies and
		
00:24:32 --> 00:24:34
			leaves two sons, one is Muslim and one
		
00:24:34 --> 00:24:36
			is not Muslim, you know, who inherits him?
		
00:24:37 --> 00:24:38
			A man dies and leaves two sons.
		
00:24:38 --> 00:24:40
			One is Muslim and one is not Muslim.
		
00:24:41 --> 00:24:46
			They both argue that their dad was on
		
00:24:46 --> 00:24:47
			their respective faith.
		
00:24:49 --> 00:24:51
			So the Muslim argues, my dad was Muslim.
		
00:24:51 --> 00:24:53
			I get to inherit from them.
		
00:24:53 --> 00:24:55
			And the non-Muslim says, my dad was
		
00:24:55 --> 00:24:56
			non-Muslim.
		
00:24:56 --> 00:24:59
			I should be the one to inherit from
		
00:24:59 --> 00:24:59
			him.
		
00:25:00 --> 00:25:03
			And this is really a demonstration of the
		
00:25:03 --> 00:25:04
			justice of Islam.
		
00:25:04 --> 00:25:08
			And these fuqaha were basically trying to follow,
		
00:25:08 --> 00:25:10
			were extremely principled.
		
00:25:11 --> 00:25:13
			They're just basically trying to follow the principles.
		
00:25:13 --> 00:25:15
			They will give the inheritance to the non
		
00:25:15 --> 00:25:15
			-Muslim.
		
00:25:17 --> 00:25:17
			Why?
		
00:25:18 --> 00:25:21
			If we can't sort out the deen of
		
00:25:21 --> 00:25:24
			the father, they will give the inheritance to
		
00:25:24 --> 00:25:24
			the non-Muslim.
		
00:25:25 --> 00:25:27
			They will say to the non-Muslim, okay,
		
00:25:27 --> 00:25:29
			you're saying that your father was Muslim.
		
00:25:29 --> 00:25:31
			So there are two possibilities.
		
00:25:32 --> 00:25:35
			Your father was original Muslim.
		
00:25:38 --> 00:25:41
			Your father was a convert.
		
00:25:42 --> 00:25:47
			If your father was original Muslim, then your
		
00:25:47 --> 00:25:48
			brother must be Muslim as well.
		
00:25:50 --> 00:25:52
			And if you say that my brother apostate,
		
00:25:52 --> 00:25:54
			but this is a little bit different because
		
00:25:54 --> 00:25:57
			they will say that the apostasy of your
		
00:25:57 --> 00:26:01
			brother in a Muslim country will not be
		
00:26:01 --> 00:26:04
			left, you know, like unpunished.
		
00:26:05 --> 00:26:07
			He will not be left alone to apostatize.
		
00:26:08 --> 00:26:10
			So they will tell him, no, we will
		
00:26:10 --> 00:26:13
			not believe that, you know, your father was
		
00:26:13 --> 00:26:15
			an original Muslim because how come your brother
		
00:26:15 --> 00:26:16
			is not Muslim?
		
00:26:17 --> 00:26:17
			Okay.
		
00:26:17 --> 00:26:20
			Had he not, had he apostatized, he would
		
00:26:20 --> 00:26:21
			not be left to do so.
		
00:26:22 --> 00:26:22
			Okay.
		
00:26:23 --> 00:26:25
			So now, then your father is a convert.
		
00:26:26 --> 00:26:28
			Then your father is a convert.
		
00:26:29 --> 00:26:34
			And if your father is a convert, what
		
00:26:34 --> 00:26:34
			is it us?
		
00:26:35 --> 00:26:36
			What is the default?
		
00:26:37 --> 00:26:39
			Default is that he was not a Muslim
		
00:26:39 --> 00:26:40
			and then he became Muslim.
		
00:26:40 --> 00:26:41
			He was first not a Muslim.
		
00:26:41 --> 00:26:45
			So you are claiming a change of the
		
00:26:45 --> 00:26:48
			status quo, a change of default.
		
00:26:48 --> 00:26:53
			Your brother basically has the default with him.
		
00:26:53 --> 00:26:55
			You're claiming a change of the default.
		
00:26:56 --> 00:26:57
			You need to prove it.
		
00:26:57 --> 00:26:58
			Your brother doesn't need to prove it.
		
00:26:59 --> 00:27:01
			The inheritance would go to the non-Muslim.
		
00:27:03 --> 00:27:12
			Another one position, position, which is indicates ownership
		
00:27:12 --> 00:27:17
			and exclusive claim, which means that when you
		
00:27:17 --> 00:27:20
			are in position of anything, any item, any
		
00:27:20 --> 00:27:27
			property, it basically indicates ownership or at least
		
00:27:27 --> 00:27:28
			exclusive claim.
		
00:27:29 --> 00:27:32
			You know, that this, you have an exclusive
		
00:27:32 --> 00:27:36
			claim on this property or item until proven
		
00:27:36 --> 00:27:39
			otherwise, because it's in your hand.
		
00:27:40 --> 00:27:48
			Assuming continuity of conditions, someone, okay, someone who's
		
00:27:48 --> 00:27:50
			known to be wealthy comes in and asks
		
00:27:50 --> 00:27:50
			for zakah.
		
00:27:51 --> 00:27:53
			Zakat committee is here, if you're on the
		
00:27:53 --> 00:27:54
			zakat committee.
		
00:27:55 --> 00:27:57
			Someone who's known to be wealthy comes and
		
00:27:57 --> 00:27:58
			asks for zakah.
		
00:27:59 --> 00:28:02
			What would you give him or her from
		
00:28:02 --> 00:28:03
			the zakat?
		
00:28:04 --> 00:28:08
			No, because you are presuming the continuity of
		
00:28:08 --> 00:28:12
			the original condition, which is that they are
		
00:28:12 --> 00:28:13
			well-off and they are wealthy.
		
00:28:14 --> 00:28:17
			The Prophet ﷺ said, حَتَّ يَشْهَدَ لَهُ ثَرَاسَةٌ
		
00:28:17 --> 00:28:21
			مِن ذَوِي الْحِجَىٰ مِن قَوْمِهِ So until three
		
00:28:21 --> 00:28:24
			wise men of his people testify on his
		
00:28:24 --> 00:28:28
			behalf, that he is, or, you know, nowadays,
		
00:28:28 --> 00:28:31
			because we, it is the testimony of three
		
00:28:31 --> 00:28:32
			people.
		
00:28:32 --> 00:28:36
			Three people would say that, you know, no,
		
00:28:36 --> 00:28:37
			we know he has gone through some struggles.
		
00:28:38 --> 00:28:39
			We know that he had some hardship.
		
00:28:40 --> 00:28:42
			We know that he had lost his business
		
00:28:42 --> 00:28:43
			and stuff like this.
		
00:28:44 --> 00:28:47
			So presumption of the continuity of the previous
		
00:28:47 --> 00:28:48
			condition.
		
00:28:49 --> 00:28:53
			Okay, among the branches of this maxim is
		
00:28:53 --> 00:28:59
			another important maxim, but this is sub-subsidiary.
		
00:28:59 --> 00:29:00
			Sub-subsidiary.
		
00:29:01 --> 00:29:03
			It is not, you know, so it is
		
00:29:03 --> 00:29:04
			a branch of the branch.
		
00:29:05 --> 00:29:08
			So, الْأَصْدُ مَكَان عَلَى مَكَان means what?
		
00:29:08 --> 00:29:14
			إضافة الحادث إلى أقرب أوقاته which would translate
		
00:29:14 --> 00:29:17
			into attributing an incident to its closest possible
		
00:29:17 --> 00:29:17
			time.
		
00:29:17 --> 00:29:21
			So this principle is also expressed as الْأَصْدُ
		
00:29:21 --> 00:29:25
			فِي الصِّفَاتِ أَوَى الْأُمُورِ الْعَارِضَةِ الْعَدَمِ old assumption
		
00:29:25 --> 00:29:30
			regarding incidental attributes, incidental attributes.
		
00:29:31 --> 00:29:35
			If this is about, not about قَعَقِيدَةِ here,
		
00:29:35 --> 00:29:40
			but so عَارِض, incidental attributes, something that, you
		
00:29:40 --> 00:29:43
			know, is not inherent, is not that, it
		
00:29:43 --> 00:29:44
			is عَارِض.
		
00:29:45 --> 00:29:51
			So whatever incidental attributes, you know, the presumption
		
00:29:51 --> 00:29:56
			is, or new occurrences, new de-emergent, whatever,
		
00:29:56 --> 00:30:00
			new occurrences, the presumption is, they're non-existent,
		
00:30:00 --> 00:30:01
			they're non-existent.
		
00:30:01 --> 00:30:07
			So if someone finds, okay, but if someone
		
00:30:07 --> 00:30:11
			finds emissions in their underwear, like, you know,
		
00:30:11 --> 00:30:16
			uh, and they don't know when this happened,
		
00:30:16 --> 00:30:19
			so they had, like, you know, they had,
		
00:30:19 --> 00:30:24
			you know, slept several times in the past
		
00:30:24 --> 00:30:28
			24 hours, they don't know when this happened.
		
00:30:28 --> 00:30:31
			Of course, they're required to make wusl, but
		
00:30:31 --> 00:30:33
			which prayers do they need to repeat?
		
00:30:34 --> 00:30:38
			The prayers from the last sleep, from the
		
00:30:38 --> 00:30:39
			last sleep.
		
00:30:39 --> 00:30:39
			Why?
		
00:30:40 --> 00:30:43
			Because this is an incidental occurrence, right?
		
00:30:44 --> 00:30:45
			An incidental occurrence.
		
00:30:45 --> 00:30:48
			So if you slept here, you slept here,
		
00:30:49 --> 00:30:51
			you slept here, you're awake here, awake here,
		
00:30:52 --> 00:30:57
			okay, uh, and then you find the emissions
		
00:30:57 --> 00:31:01
			here, you need to repeat the prayers from
		
00:31:01 --> 00:31:03
			here to here, because it's possible that you
		
00:31:03 --> 00:31:05
			had had it here.
		
00:31:05 --> 00:31:08
			Why shouldn't we say you need to repeat,
		
00:31:08 --> 00:31:13
			go back until you ensure, until you ensure,
		
00:31:13 --> 00:31:16
			because in some other applications, we will say
		
00:31:16 --> 00:31:19
			you go back until you ensure certainty, you
		
00:31:19 --> 00:31:22
			know, that your ibada is, was, was correct.
		
00:31:22 --> 00:31:26
			We will not say this, because to find
		
00:31:26 --> 00:31:29
			witness in your underwear, emissions in your underwear,
		
00:31:30 --> 00:31:33
			you know, al-asd, al-adam or not,
		
00:31:34 --> 00:31:37
			nonexistence, al-asd, the default is that this
		
00:31:37 --> 00:31:40
			was not, the default was not, it was
		
00:31:40 --> 00:31:41
			not existent here.
		
00:31:41 --> 00:31:45
			But since I did find it, then I
		
00:31:45 --> 00:31:47
			will have to attribute it to the nearest
		
00:31:47 --> 00:31:51
			time, the nearest time, last time I was
		
00:31:51 --> 00:31:51
			asleep.
		
00:31:51 --> 00:31:54
			Okay, a seller and a buyer.
		
00:31:55 --> 00:31:57
			So this is another interesting example.
		
00:31:58 --> 00:32:02
			A seller and a buyer disagree over, and,
		
00:32:02 --> 00:32:05
			and this is where we see competing qawa
		
00:32:05 --> 00:32:07
			'id, exceptions, as we said, al-qawa'id
		
00:32:07 --> 00:32:11
			aghlabiyya or kulliyya, al-qawa'id are universal
		
00:32:11 --> 00:32:12
			or predominant.
		
00:32:12 --> 00:32:15
			We said universal, not predominant, even though some
		
00:32:15 --> 00:32:17
			of the scholars said predominant, because there are
		
00:32:17 --> 00:32:20
			exceptions, but we said that they are universal
		
00:32:20 --> 00:32:25
			until another qa'ida competes with them or
		
00:32:25 --> 00:32:28
			texts, you know, but they should be muttarid,
		
00:32:29 --> 00:32:32
			they should be consistent, they should be universal
		
00:32:33 --> 00:32:34
			in and of themselves.
		
00:32:34 --> 00:32:37
			Here we have competition between two qawa'id.
		
00:32:38 --> 00:32:40
			I sell you an item, you come back
		
00:32:40 --> 00:32:42
			in three days and you say it, well,
		
00:32:42 --> 00:32:45
			it, it is defective, there is this defect
		
00:32:45 --> 00:32:46
			in the item.
		
00:32:46 --> 00:32:49
			You are the buyer, I am the seller.
		
00:32:50 --> 00:32:52
			We go to the judge, we tell the
		
00:32:52 --> 00:32:56
			judge, I sold him this item, you know,
		
00:32:56 --> 00:33:01
			without any defects, and he claims that the
		
00:33:01 --> 00:33:03
			defect happened in my position.
		
00:33:04 --> 00:33:07
			I think it happened in his position, you
		
00:33:07 --> 00:33:09
			know, after he purchased it, when he took
		
00:33:09 --> 00:33:10
			it home.
		
00:33:10 --> 00:33:13
			So now the judge will have to choose
		
00:33:13 --> 00:33:16
			between my claim and his claim.
		
00:33:16 --> 00:33:18
			What will the judge say?
		
00:33:18 --> 00:33:20
			There are two positions in the madhhab.
		
00:33:23 --> 00:33:25
			I don't agree with the mu'tamid.
		
00:33:25 --> 00:33:29
			The mu'tamid therefore thereafter became what?
		
00:33:30 --> 00:33:35
			That we will go by the buyer's claim.
		
00:33:35 --> 00:33:36
			Buyer's claim.
		
00:33:37 --> 00:33:37
			Why?
		
00:33:39 --> 00:33:46
			Because, so al-asl that he did not
		
00:33:46 --> 00:33:48
			receive the missing part.
		
00:33:49 --> 00:33:52
			The default is that he did not receive
		
00:33:52 --> 00:33:53
			the missing part.
		
00:33:53 --> 00:33:56
			So if we say that the product was
		
00:33:56 --> 00:33:59
			complete, one is arguing that the product was
		
00:33:59 --> 00:34:02
			complete, one is arguing that the product was
		
00:34:02 --> 00:34:07
			incomplete, so we will go by the claim
		
00:34:07 --> 00:34:11
			of the product being incomplete, because incomplete is
		
00:34:11 --> 00:34:11
			the default.
		
00:34:12 --> 00:34:14
			Completeness is not the default.
		
00:34:15 --> 00:34:19
			It's, you know, incomplete until proven otherwise.
		
00:34:20 --> 00:34:26
			So I believe that the other position in
		
00:34:26 --> 00:34:28
			the madhhab is stronger.
		
00:34:28 --> 00:34:32
			The claim that should be accepted here is
		
00:34:32 --> 00:34:33
			the claim of the seller.
		
00:34:34 --> 00:34:34
			Why?
		
00:34:37 --> 00:34:46
			This defect, this incidental occurrence, you know, so
		
00:34:46 --> 00:34:50
			like, would it make more sense based on
		
00:34:50 --> 00:34:52
			this qa'i that to say it happened
		
00:34:52 --> 00:34:55
			in the position of the buyer or the
		
00:34:55 --> 00:34:55
			seller?
		
00:34:55 --> 00:34:59
			The buyer, because, you know, for the last
		
00:34:59 --> 00:35:00
			three days it has been with the buyer.
		
00:35:01 --> 00:35:02
			So instead of going all the way back
		
00:35:02 --> 00:35:05
			and saying the defect happened four days ago
		
00:35:05 --> 00:35:08
			when it's still with the seller, we will.
		
00:35:09 --> 00:35:14
			No, it's an incident of defect, incident and
		
00:35:14 --> 00:35:15
			occurrence.
		
00:35:15 --> 00:35:21
			It happened recently and we should, what you
		
00:35:21 --> 00:35:23
			want to remember is that the mu'tamad in
		
00:35:23 --> 00:35:28
			the madhhab is the buyer's claim, not the
		
00:35:28 --> 00:35:28
			seller's.
		
00:35:29 --> 00:35:32
			But anyway, it's not, anyway.
		
00:35:34 --> 00:35:40
			So anyway, next, the next one, the next
		
00:35:40 --> 00:35:41
			subsidiary.
		
00:35:42 --> 00:35:46
			Okay, so we're doing two subsidiary applications today
		
00:35:46 --> 00:35:47
			only.
		
00:35:52 --> 00:35:58
			Okay, the other one is al-asl bara
		
00:35:58 --> 00:36:01
			'at al-dhimmah.
		
00:36:01 --> 00:36:06
			Now, the is not a third.
		
00:36:07 --> 00:36:09
			It belongs here under this.
		
00:36:13 --> 00:36:21
			It belongs here under this maxim.
		
00:36:21 --> 00:36:24
			So al-asl bara'at al-dhimmah, you
		
00:36:24 --> 00:36:26
			know, the beautiful hallmark of Islam.
		
00:36:27 --> 00:36:28
			Clearance of liability.
		
00:36:29 --> 00:36:30
			You're born free of sin.
		
00:36:30 --> 00:36:31
			You're born free of liability.
		
00:36:32 --> 00:36:34
			You continue to be free of sin and
		
00:36:34 --> 00:36:36
			liability until proven otherwise.
		
00:36:37 --> 00:36:39
			Clearance of liability or bara'at al-dhimmah
		
00:36:39 --> 00:36:42
			encompasses both the rights of Allah and the
		
00:36:42 --> 00:36:43
			rights of his creations.
		
00:36:43 --> 00:36:46
			You're, you know, free of liability, free of
		
00:36:46 --> 00:36:49
			obligations when it comes to rights of Allah
		
00:36:49 --> 00:36:51
			and rights of individuals.
		
00:36:52 --> 00:36:54
			In Sharh al-kawqa bin Munir, it says,
		
00:36:54 --> 00:36:56
			based on this maxim, the negator is not
		
00:36:56 --> 00:37:00
			required to produce evidence and the defendant is
		
00:37:00 --> 00:37:01
			not required to produce evidence.
		
00:37:02 --> 00:37:07
			Anyone who negates is not required to produce
		
00:37:07 --> 00:37:07
			evidence.
		
00:37:09 --> 00:37:12
			Anyone who, you know, who's a defendant who's
		
00:37:12 --> 00:37:15
			trying to deny a claim is not required
		
00:37:15 --> 00:37:16
			to produce evidence.
		
00:37:16 --> 00:37:16
			Why?
		
00:37:17 --> 00:37:19
			The default is with him.
		
00:37:20 --> 00:37:26
			You know, continuity of, not innocence, but clearance
		
00:37:26 --> 00:37:27
			from liability.
		
00:37:28 --> 00:37:28
			Clear.
		
00:37:28 --> 00:37:29
			I'm clear.
		
00:37:29 --> 00:37:30
			Okay.
		
00:37:30 --> 00:37:34
			Now, applications of this principle in avoiding liability
		
00:37:34 --> 00:37:36
			due to doubt.
		
00:37:36 --> 00:37:42
			If a woman miscarries, we're actually doing quite
		
00:37:42 --> 00:37:44
			well in terms of time, so I need
		
00:37:44 --> 00:37:44
			to slow down.
		
00:37:45 --> 00:37:47
			I've been trying to rush through it because
		
00:37:47 --> 00:37:49
			I was afraid I'm not going to finish
		
00:37:49 --> 00:37:50
			and now we will have like a lot
		
00:37:50 --> 00:37:51
			of extra time on hand.
		
00:37:52 --> 00:37:53
			Okay, good.
		
00:37:56 --> 00:38:00
			So, if a woman miscarries a piece of
		
00:38:00 --> 00:38:07
			flesh and trustworthy midwives testify that there were
		
00:38:07 --> 00:38:12
			faint human features, faint human features in the
		
00:38:12 --> 00:38:13
			embryo, in the fetus.
		
00:38:14 --> 00:38:19
			So, someone punches a woman in the stomach,
		
00:38:19 --> 00:38:21
			a bad thing, but, you know, someone does,
		
00:38:22 --> 00:38:24
			and then she miscarries a piece of flesh.
		
00:38:25 --> 00:38:29
			The midwives, or now the doctors, will say,
		
00:38:30 --> 00:38:32
			and certainly now you could figure out if
		
00:38:32 --> 00:38:35
			this is a pregnancy or not much earlier
		
00:38:35 --> 00:38:38
			anyway, but let's just go by what they're
		
00:38:38 --> 00:38:40
			saying and understand the principle and then application
		
00:38:40 --> 00:38:41
			is a different story.
		
00:38:42 --> 00:38:47
			So, someone punches her in her stomach and
		
00:38:47 --> 00:38:49
			then she miscarries a piece of flesh.
		
00:38:49 --> 00:38:53
			The midwives say that there are human features
		
00:38:53 --> 00:38:54
			in this.
		
00:38:55 --> 00:38:56
			So, this was a fetus.
		
00:38:57 --> 00:38:58
			This was a fetus.
		
00:38:58 --> 00:39:02
			Then compensation, which is al-ghurra, will be
		
00:39:02 --> 00:39:07
			required of the, you know, aggressor.
		
00:39:09 --> 00:39:15
			Now, if they say that we're in doubt,
		
00:39:16 --> 00:39:21
			had this stayed in, it would have had
		
00:39:21 --> 00:39:24
			human features maybe next week, in two weeks,
		
00:39:24 --> 00:39:25
			and so on.
		
00:39:25 --> 00:39:29
			Will we, will we require the aggressor to
		
00:39:29 --> 00:39:32
			pay al-ghurra based on that doubt?
		
00:39:32 --> 00:39:33
			No, we will not.
		
00:39:33 --> 00:39:40
			So, the default is clearance from liability, clear
		
00:39:40 --> 00:39:40
			from liability.
		
00:39:41 --> 00:39:42
			Will they be punished for punching her?
		
00:39:42 --> 00:39:44
			Of course, but they will not be required
		
00:39:44 --> 00:39:49
			to pay compensation for the fetus because it
		
00:39:49 --> 00:39:50
			was a matter of doubt.
		
00:39:51 --> 00:39:53
			Nowadays, it's not doubtful.
		
00:39:55 --> 00:39:59
			So, anyway, the next example is if a
		
00:39:59 --> 00:40:06
			man runs, and certainly there is, like, there
		
00:40:06 --> 00:40:09
			are two views in the madhhab, whether we
		
00:40:09 --> 00:40:12
			will pay, we will require the person to
		
00:40:12 --> 00:40:17
			pay the compensation, even with doubt.
		
00:40:18 --> 00:40:21
			The stronger view is no compensation, and their
		
00:40:21 --> 00:40:25
			argument is al-asl al-baraa, clearance from
		
00:40:25 --> 00:40:25
			liability.
		
00:40:27 --> 00:40:29
			If a man runs his fingers through his
		
00:40:29 --> 00:40:32
			hair and a hair falls out, okay, so
		
00:40:32 --> 00:40:35
			you have now a muhrim, a muhrim who
		
00:40:35 --> 00:40:38
			runs his fingers through their hair or combs
		
00:40:38 --> 00:40:42
			their hair and hair falls out, you know,
		
00:40:42 --> 00:40:46
			where these, people used to make a big
		
00:40:46 --> 00:40:47
			deal out of this, by the way, you
		
00:40:47 --> 00:40:49
			know, you shouldn't, you don't have a problem.
		
00:40:52 --> 00:40:58
			But people, because people used to be quite
		
00:40:58 --> 00:40:59
			obsessive about this.
		
00:41:01 --> 00:41:05
			Now, keep in mind that three hairs need
		
00:41:05 --> 00:41:08
			to fall for the fidya, the complete fidya,
		
00:41:08 --> 00:41:10
			but then one hair is one mudd of
		
00:41:10 --> 00:41:12
			ta'am to a miskeen, and two hairs
		
00:41:12 --> 00:41:15
			is two mudds, one mudd or two or
		
00:41:15 --> 00:41:17
			half a sah, it's, you know, controversial, but
		
00:41:17 --> 00:41:17
			anyway.
		
00:41:18 --> 00:41:22
			So there will be exception for hair falling.
		
00:41:23 --> 00:41:28
			Now, which hair?
		
00:41:30 --> 00:41:33
			A hair that is alive or living, I
		
00:41:33 --> 00:41:36
			guess, not dead.
		
00:41:38 --> 00:41:41
			What if you doubt whether the hair is
		
00:41:41 --> 00:41:42
			alive or dead?
		
00:41:43 --> 00:41:43
			Al-asl al-baraa.
		
00:41:44 --> 00:41:47
			You know, the default is clearance from liability.
		
00:41:47 --> 00:41:50
			And that should give you a lot, you
		
00:41:50 --> 00:41:52
			know, sort of ease.
		
00:41:53 --> 00:41:57
			That, you know, if you say that likely
		
00:41:57 --> 00:42:01
			this was dead, because to separate between dead
		
00:42:01 --> 00:42:05
			hair and living hair is not that easy.
		
00:42:07 --> 00:42:13
			But, uh, so you like, yeah, anyway, so
		
00:42:13 --> 00:42:14
			they used to not play with their hair,
		
00:42:14 --> 00:42:16
			by the way, when they're Muharram, they just
		
00:42:16 --> 00:42:17
			leave it alone.
		
00:42:17 --> 00:42:20
			But then hair falls.
		
00:42:21 --> 00:42:24
			If, if you're, if you're not, if you
		
00:42:24 --> 00:42:28
			don't have predominant assumption that this hair was
		
00:42:28 --> 00:42:33
			living and not dead, then you are, then
		
00:42:33 --> 00:42:34
			you're doubting.
		
00:42:38 --> 00:42:42
			You have two possibilities without, you know, one
		
00:42:42 --> 00:42:45
			outweighing the other, without one outweighing the other.
		
00:42:45 --> 00:42:46
			You go by which one?
		
00:42:47 --> 00:42:48
			Baraa.
		
00:42:49 --> 00:42:50
			Clear from liability.
		
00:42:50 --> 00:42:52
			You're clear from liability, so you don't have
		
00:42:52 --> 00:42:53
			to excipiate.
		
00:42:54 --> 00:42:58
			It's also worth noting that the Madhhab takes
		
00:42:58 --> 00:43:02
			a precautionary approach concerning acts of worship.
		
00:43:02 --> 00:43:05
			So concerning acts of worship, the Madhhab takes
		
00:43:05 --> 00:43:07
			a precautionary approach.
		
00:43:08 --> 00:43:12
			Uh, so when we say, did I pray
		
00:43:12 --> 00:43:15
			two or three rakahs, the Madhhab says what?
		
00:43:15 --> 00:43:16
			Two rakahs.
		
00:43:16 --> 00:43:16
			Why?
		
00:43:17 --> 00:43:21
			Because al-asl al-itmam, you know, default
		
00:43:21 --> 00:43:24
			is that you're required to complete your act
		
00:43:24 --> 00:43:28
			of worship, and you need to ensure that
		
00:43:28 --> 00:43:30
			you have completed your act of worship, al
		
00:43:30 --> 00:43:31
			-asl al-itmam.
		
00:43:32 --> 00:43:34
			And we don't know if you, you did
		
00:43:34 --> 00:43:37
			the third rakah or not.
		
00:43:37 --> 00:43:39
			So you have become liable.
		
00:43:39 --> 00:43:41
			You can't argue that the default is non
		
00:43:41 --> 00:43:45
			-liability, because you have become liable.
		
00:43:45 --> 00:43:46
			Liable for what?
		
00:43:46 --> 00:43:47
			Liable for four rakahs.
		
00:43:48 --> 00:43:50
			So, you know, you need to ensure that
		
00:43:50 --> 00:43:51
			you do the four rakahs.
		
00:43:51 --> 00:43:53
			Now you're not sure if you did the
		
00:43:53 --> 00:43:54
			third or not.
		
00:43:54 --> 00:43:55
			Repeat it.
		
00:43:55 --> 00:43:57
			That's the Madhhab, you know.
		
00:43:57 --> 00:44:01
			And certainly in the Madhhab also, uh, some
		
00:44:01 --> 00:44:02
			would go by predominant assumption.
		
00:44:03 --> 00:44:06
			If you have predominant assumption, by agreement, if
		
00:44:06 --> 00:44:08
			it is doubt, if it is 50-50,
		
00:44:08 --> 00:44:11
			you need to, uh, repeat it.
		
00:44:11 --> 00:44:13
			You need to do the third rakah by
		
00:44:13 --> 00:44:15
			consensus, okay?
		
00:44:16 --> 00:44:19
			The question comes when it's not 50-50.
		
00:44:20 --> 00:44:22
			It's 80-20.
		
00:44:22 --> 00:44:26
			And sometimes 95% and 5%, 95%
		
00:44:26 --> 00:44:28
			I prayed, uh, three rakahs.
		
00:44:28 --> 00:44:32
			Uh, but in the Madhhab, in the Madhhab,
		
00:44:32 --> 00:44:34
			they treat them as shakir.
		
00:44:35 --> 00:44:38
			They will tell you, uh, repeat the rakah.
		
00:44:38 --> 00:44:39
			Repeat the rakah.
		
00:44:40 --> 00:44:42
			Okay, what are other examples?
		
00:44:43 --> 00:44:46
			If you combine between adr and safr, if
		
00:44:46 --> 00:44:51
			you combine between two conditions, uh, and safr,
		
00:44:51 --> 00:44:53
			being a traveler and being a resident, and
		
00:44:53 --> 00:44:57
			let us say, uh, so if you combine,
		
00:44:58 --> 00:45:02
			if you leave, if you leave before you
		
00:45:02 --> 00:45:05
			pray dhuhr, you know, and now you're traveling,
		
00:45:05 --> 00:45:08
			uh, but dhuhr became, you became liable for
		
00:45:08 --> 00:45:09
			dhuhr when you are a resident, do you
		
00:45:09 --> 00:45:10
			pray four or two?
		
00:45:11 --> 00:45:11
			Four.
		
00:45:13 --> 00:45:17
			If you, if vice versa, if, if you
		
00:45:17 --> 00:45:19
			became liable for dhuhr when you are a
		
00:45:19 --> 00:45:22
			traveler, you arrive at home, you pray four
		
00:45:22 --> 00:45:22
			or two?
		
00:45:23 --> 00:45:24
			Four.
		
00:45:25 --> 00:45:26
			Why?
		
00:45:28 --> 00:45:33
			Because, you know, itmam takes priority here, you
		
00:45:33 --> 00:45:38
			know, ensure that your ibadah is complete, takes
		
00:45:38 --> 00:45:39
			priority.
		
00:45:39 --> 00:45:41
			So if you have combined the two conditions,
		
00:45:42 --> 00:45:44
			you will be treated as a resident.
		
00:45:44 --> 00:45:48
			If you wipe on your socks, uh, before
		
00:45:48 --> 00:45:51
			you leave, and then you're traveling, how many
		
00:45:51 --> 00:45:52
			days do you have?
		
00:45:53 --> 00:45:53
			One.
		
00:45:54 --> 00:45:59
			If you arrive on the second day, if
		
00:45:59 --> 00:46:01
			you arrive at home on the second day,
		
00:46:01 --> 00:46:03
			can you finish your three days?
		
00:46:03 --> 00:46:04
			No.
		
00:46:04 --> 00:46:05
			One.
		
00:46:06 --> 00:46:08
			You know, so you have to stop now
		
00:46:08 --> 00:46:13
			wiping, uh, because we will give precedence to,
		
00:46:13 --> 00:46:17
			uh, the, the default of the requirement to
		
00:46:17 --> 00:46:21
			complete and fulfill your act of worship.
		
00:46:22 --> 00:46:29
			Um, and that actually brings us to the
		
00:46:29 --> 00:46:31
			end of today's session.
		
00:46:33 --> 00:46:35
			Yeah, of course.
		
00:46:35 --> 00:47:03
			Um, um, um, um, um, um, um, um,
		
00:47:08 --> 00:47:12
			if you straddle the two conditions, travel and
		
00:47:12 --> 00:47:19
			residence, and, you know, you would favor residence
		
00:47:19 --> 00:47:20
			over traveling.
		
00:47:21 --> 00:47:23
			Uh, you will go by the rulings of
		
00:47:23 --> 00:47:25
			of the resident, not the traveler.
		
00:47:26 --> 00:47:28
			You'll go by the rulings of the resident,
		
00:47:29 --> 00:47:31
			not the traveler.
		
00:47:35 --> 00:47:41
			Yes, yes.
		
00:48:17 --> 00:48:20
			There is a well that the property would
		
00:48:20 --> 00:48:20
			go to.
		
00:48:21 --> 00:48:23
			No, the well was covered with wood.
		
00:48:27 --> 00:48:28
			No.
		
00:48:29 --> 00:48:33
			The person who buys the property doesn't know
		
00:48:33 --> 00:48:35
			that it's there, but it was found deep.
		
00:48:36 --> 00:48:37
			It wasn't.
		
00:48:54 --> 00:48:58
			So if we can figure out, if we
		
00:48:58 --> 00:49:03
			can figure out when the defect existed, then
		
00:49:03 --> 00:49:04
			we will go by this.
		
00:49:04 --> 00:49:08
			So if we can verify that the defect
		
00:49:08 --> 00:49:11
			existed with the buyer and it's not a
		
00:49:11 --> 00:49:14
			matter of guessing, we can verify that the
		
00:49:14 --> 00:49:18
			defect existed with the seller before the purchase,
		
00:49:19 --> 00:49:20
			then we will go by this.
		
00:49:21 --> 00:49:24
			Then certainly the buyer will have a claim
		
00:49:24 --> 00:49:25
			if we can verify this.
		
00:49:26 --> 00:49:30
			This example will apply if it is impossible
		
00:49:30 --> 00:49:33
			for us to verify whether the defect happened
		
00:49:33 --> 00:49:35
			with the buyer or the seller.
		
00:49:35 --> 00:49:38
			Only if it is impossible, yes.
		
00:50:08 --> 00:50:10
			That's why my own preference is to go
		
00:50:10 --> 00:50:12
			with the seller and not the buyer.
		
00:50:12 --> 00:50:15
			My own preference is to accept the seller's
		
00:50:15 --> 00:50:17
			claim, not the buyer's claim.
		
00:50:17 --> 00:50:20
			There are many arguments that can be made
		
00:50:20 --> 00:50:23
			in favor of this position.
		
00:50:23 --> 00:50:26
			The seller's claim, not the buyer's claim.
		
00:50:26 --> 00:50:26
			Yes, ma'am.
		
00:50:37 --> 00:50:38
			Yes, of course.
		
00:50:38 --> 00:50:40
			You are allowed because you are allowed to
		
00:50:40 --> 00:50:42
			come by Zahra al-Asr before you reach
		
00:50:42 --> 00:50:44
			home because you are still a traveler.
		
00:50:46 --> 00:50:49
			You certainly have the rulings of a traveler
		
00:50:49 --> 00:50:50
			as long as you are a traveler.
		
00:51:02 --> 00:51:03
			Whatever you guys want.
		
00:51:03 --> 00:51:06
			If we can do 10 more minutes of
		
00:51:06 --> 00:51:08
			questions and answers if you want.
		
00:51:13 --> 00:51:16
			No, you should have ended the video when
		
00:51:16 --> 00:51:17
			we ended.
		
00:51:18 --> 00:51:19
			This is all, yeah.