Hatem al-Haj – QWD030 Coherence of Sharia – Subsidiary Maxims Under Maxim 3 – Part 2

Hatem al-Haj
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The speakers discuss the three legal maxim of Allah's third rule, which is to avoid harm and remove harm from individuals, and the importance of acknowledging human well-being and well-being. They stress the need for individuals to be aware of their rights and allow others to harvest their crops. They also discuss the default position for divorce and the importance of prioritizing one's obligations and avoiding harms. They emphasize the need for priority and engagement in addressing task requests and issues, and stress the importance of prioritization in managing one's time.

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			In the name of Allah, the Most Gracious,
		
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			the Most Merciful Peace be upon the Messenger
		
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			of Allah, his family and companions and upon
		
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			those who follow him to proceed So today,
		
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			God willing, we are still talking about the
		
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			third rule, the third legal maxim, there should
		
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			be no harm or reciprocation of harm.
		
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			This is the third legal maxim.
		
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			We will have one more session, God willing,
		
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			on this maxim and then we will move
		
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			on to the fourth and and you know,
		
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			the fourth will be or hardship begets facility
		
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			and then the fifth will be authoritative and
		
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			then we will go over the minor legal
		
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			maxims and then the regulators So we may
		
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			be halfway through because the two other sections
		
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			are a little bit shorter than than the
		
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			first two sections the first one was the
		
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			introductions and the second one is the major
		
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			legal maxims and the major legal maxims is
		
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			basically the largest section particularly the first two
		
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			were even larger because the deeds are but
		
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			by their intentions is a very large one
		
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			so we may be able to finish this
		
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			before Anyway is the qaeda that we will
		
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			go over today harm is not removed by
		
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			an equal harm, harm is not removed by
		
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			an equal harm, so remember last time we
		
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			said harm must be removed and then this
		
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			qaeda will come to control and regulate the
		
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			previous qaeda because if harm has to be
		
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			removed then we have to ask ourselves how
		
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			do we remove harm and at what expense
		
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			are we removing the harm, at what expense?
		
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			Can we remove harm by an equal harm?
		
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			No because that would not make sense, you're
		
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			replacing harm by an equal harm and a
		
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			for sure right you cannot remove harm by
		
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			a larger, greater harm, so then you cannot
		
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			but this qaeda will tell us this will
		
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			tell us that you cannot remove harm by
		
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			an equal harm or a greater harm and
		
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			then the next qaeda will basically tell us
		
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			that you can remove harm by a lesser
		
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			harm now some of the applications of this
		
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			qaeda it's permissible it's impermissible for a person
		
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			to prevent flooding of their land by flooding
		
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			their neighbour's land so basically if your land
		
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			is getting flooded and you redirect the water
		
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			to your neighbour's land that is impermissible because
		
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			that's removing harm by an equal harm a
		
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			person in dire necessity which is a muttarr
		
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			cannot consume the food of another person who
		
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			is in dire necessity muttarr like him because
		
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			we say ...
		
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			...
		
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			...
		
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			...
		
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			so if he's like him muttarr like you
		
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			know so you have a little bit of
		
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			food I have nothing we're travelling we're hungry
		
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			we're starving, there's no food around us I
		
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			cannot take yours because we're equal in attarr
		
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			and the food is yours it's not mine
		
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			but if if you have extra then I
		
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			can take it I can even fight you
		
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			to take it if you don't willingly give
		
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			it to me because I am muttarr now
		
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			and then I will have to compensate you
		
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			for it I'll have to compensate you for
		
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			it then someone compelled to kill cannot save
		
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			their life by sacrificing their brother's life you
		
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			know I have talked to you before about
		
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			our our system being to a great extent
		
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			utilitarian but it is not utilitarian like you
		
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			know Benthamite utilitarianism or you know like your
		
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			good old utilitarianism no we have guidelines, it
		
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			is religious utilitarianism it is a system that
		
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			basically values human interest human well-being, human
		
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			welfare values but it is divinely guided it's
		
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			moral, principled so religious utilitarianism is a good
		
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			name for or divinely guided or moral or
		
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			principled whatever name you can craft for it
		
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			so it is not complete utilitarianism because our
		
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			objectives are different our world view is different
		
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			so we believe that there is something beyond
		
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			matter we believe that we are spiritual beings
		
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			in physical forms, we believe that there is
		
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			something beyond matter so our objectives are different
		
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			our world view is different and we have
		
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			the divine guidelines that will protect us from
		
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			basically unchecked utilitarianism unchecked utilitarianism this is one
		
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			of the basically guidelines you cannot kill your
		
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			brother to save yourself so if someone holds
		
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			a gun to you and says kill so
		
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			and so or I will kill you you
		
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			cannot kill so and so the same applies
		
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			to * also you can't *, you can't
		
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			kill even if there is a gun held
		
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			to your head because that is removing harm
		
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			by equal harm so the fact that it
		
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			is not your harm doesn't mean much from
		
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			the divine perspective that is removing harm by
		
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			equal harm so if someone does you know
		
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			and kills their brother because they are being
		
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			threatened then what happens who is going to
		
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			be liable both are liable al-mukrih and
		
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			al-mukrih are both liable according to Malik
		
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			and Ahmed and one of the two positions
		
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			of al-Shafi'i al-mukrih and al
		
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			-mukrih are both liable for equal retribution al
		
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			-mukrih is the compeller and al-mukrih is
		
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			the compelled okay there is a very important
		
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			submaxim that we have to pay attention to
		
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			it's one of the most beautiful submaxims which
		
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			is the oppressed cannot oppress others the oppressed
		
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			cannot oppress others you could say explicitly
		
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			affirmed by the Hanafis and upheld by all
		
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			jurists I'll give you a few examples if
		
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			someone you know sometimes people fought over lands
		
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			because the landmarks sometimes people moved the landmarks
		
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			or sometimes people questioned whether this is my
		
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			border so al-ghasib, the misappropriator is not
		
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			always a criminal the misappropriator, the one who
		
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			seizes land by force or seizes property by
		
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			force may be mistaken but whether they are
		
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			mistaken or they are criminal they're still liable
		
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			but their liability does not mean that we
		
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			oppress them, that we transgress them so if
		
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			you plant crops on a land that you
		
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			forcefully seized misappropriated land and you plant crops
		
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			then the land gets returned to the rightful
		
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			owner and there are crops on the land
		
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			what happens in this case you either you
		
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			either pay them, reimburse them for the expenses
		
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			you either reimburse them for the expenses or
		
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			allow them time to harvest the crops for
		
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			rent so they'll pay your rent they will
		
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			pay their rent also retrospectively for all the
		
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			time that they have seized your land or
		
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			misappropriated your land but you could either you
		
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			will be given the choice as the rightful
		
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			owner to let them harvest their crops and
		
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			they pay your rent or to reimburse them
		
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			for their expenses and then you harvest the
		
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			crops so here what are we doing we're
		
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			basically observing the right of the the misappropriator
		
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			so he's zalim but the fact that he's
		
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			zalim does not allow us to or to
		
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			transgress him or her okay and look at
		
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			the example of equal retribution for instance al
		
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			-qisas, equal retribution or al-qisas in al
		
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			-qisas or equal retribution we have to ensure
		
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			al-amna min al-hayf al-amna min
		
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			al-hayf is basically avoidance of inequity or
		
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			you know excess excess so if someone cuts
		
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			someone's hand from here or someone's arm of
		
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			course if someone cuts someone's arm hand from
		
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			here you cannot cut their arm from here
		
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			so equality you know and equal retribution that's
		
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			why it's called equal retribution but if someone
		
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			cuts someone's arm from here do we cut
		
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			their arm from here yes unless yes unless
		
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			we fear that it will penetrate you know
		
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			it's like too close to the jaw, too
		
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			close to the hollow interior of the body
		
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			and it will cause greater harm that we
		
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			will not be able to control and the
		
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			same applies to equality in the body part,
		
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			equality in the integrity and the health of
		
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			the body part so when it comes to
		
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			al-qisas we do not like if we
		
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			cannot ensure equality and we cannot ensure non
		
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			-transgression no excess if no if we cannot
		
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			ensure that there will be no excess then
		
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			we don't do equal retribution what do we
		
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			do in place compensation compensation in place of
		
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			equal retribution because is a condition and then
		
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			so and the wounds are equal for equal
		
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			so a soul for a soul, eye for
		
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			eye etc but you know equal for equal
		
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			is what is prescribed which
		
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			would translate as and if you punish then
		
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			punish with an equivalent of that which you
		
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			were harmed but if you are patient it
		
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			is better for those who are patient Allah
		
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			also says and which will translate to the
		
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			retribution for an evil act is an equivalent
		
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			evil one but whoever pardons and makes reconciliation
		
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			the reward is with Allah you notice you
		
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			notice the fairness of the system it allows
		
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			for equal retribution it allows for al-qisas
		
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			but it points to what sort of the
		
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			higher ethical ground you know if you are
		
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			patient then it is better for the patient
		
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			ones who pardons and forgives then the reward
		
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			will be with Allah then it is allowing
		
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			for equal retribution which is fairness but it
		
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			is pointing to the higher ethical ground now
		
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			this higher ethical ground is not always higher
		
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			by the way that's why sometimes it's not
		
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			that you know forgiveness is not the higher
		
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			ethical ground because if you forgive like a
		
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			basically a repetitive offender then you are emboldening
		
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			the repetitive offender then you are causing harm
		
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			to the society if someone keeps on harming
		
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			people and keeps on getting forgiven by people
		
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			because all the people are basically trying to
		
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			reach for the higher ethical ground then certainly
		
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			that would cause greater harm, that would not
		
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			be wisdom in this case, wisdom in this
		
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			case is to ask for equal retribution and
		
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			it is the more moral and ethical conduct
		
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			in such a scenario but if someone commits
		
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			like a you know, someone gets nervous and
		
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			you know, loses their sort of, loses control
		
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			and commits like a crime and you feel
		
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			that you know, forgiving them is is warranted
		
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			and it may be better for you and
		
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			them then certainly your reward will be with
		
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			Allah subhanahu wa ta'ala for this reason
		
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			the jurists stipulated that no, I guess we
		
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			finished this part and you know, so this
		
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			maxim is a very profound one because most
		
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			of the time what happens basically the vicious
		
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			cycle of oppression the vicious cycle of conflict
		
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			and oppression and transgression is caused by you
		
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			know, reciprocation of harm harm, reciprocation of harm
		
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			more harm, reciprocation of harm someone needs to
		
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			cut through this cycle so like for instance
		
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			some people say an eye for an eye
		
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			would make the whole world blind you know,
		
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			we don't believe in this we believe that
		
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			allowing criminals you know, letting criminals go unchecked
		
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			will make the world blind but again at
		
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			the same time, we do have room for
		
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			you know, for breaking through this cycle of
		
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			perpetual vicious sort of oppression and reciprocation of
		
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			oppression, harm and reciprocation of harm it's not
		
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			always you know, sometimes it's warranted sometimes it's
		
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			not whatever is more conducive to well-being
		
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			you know, for the individuals and the society,
		
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			to fairness, to justice should be done Umar
		
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			ibn Abdulaziz said بَلَغَنِي أَنَّ الرَّجُلَ لَيَظْلَمُ بِمَظْلَامَةٍ
		
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			فَلَيَزَالُ الْمَظْلُومُ يَشْتُمُ الظَّالِمُ وَيَتَنَقَصُهُ حَتَّى يَسْتَوْفِي
		
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			حَقَّهُ وَيَكُونَ لِلظَّالِمِ الْفَضْلُ عَلَيْهِ it has reached
		
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			me that when a man is wronged he
		
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			continues to curse and degrade the oppressor until
		
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			he has taken back his right and the
		
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			oppressor then ends up having a right over
		
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			him ends up having, you know the upper
		
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			hand over him so someone oppresses you you
		
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			continue to curse them, you continue to abuse
		
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			them until you have basically recouped all of
		
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			your right and then you transgress and the
		
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			oppressor becomes in this case the oppressed and
		
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			they have a right over you so this
		
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			is a very important قَعِدَ to keep in
		
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			mind exceptions from the major قَعِدَ from, you
		
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			know, exceptions from قَعِدَةَ الضَّلَلَ يُزَلْ بِمِثْلِ harm
		
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			is not to be removed by an equal
		
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			harm is the gossip, the gossip sometimes so
		
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			remember when we said if the gossip plants
		
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			crops what if the gossip, the misappropriator builds
		
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			a structure on your land or plants trees
		
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			in your land what do we do in
		
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			this case so we will force him to
		
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			remove, like, you have the right you have
		
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			the right you could tell him I'll take
		
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			it but you'll have the right to have
		
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			them uproot the trees demolish the building uproot
		
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			the trees and you know, take your land
		
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			back the difference between crops and trees is
		
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			what one is transient and one is not,
		
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			you know temporality is the difference so the
		
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			crops I can you know, leave it for
		
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			a couple of weeks and then you harvest
		
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			it and then I get my land but
		
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			the trees are different and the prophet ﷺ
		
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			said ليس لعرق ظالم حق or ليس لعرق
		
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			ظالم حق ليس لعرق ظالم or لعرق ظالم
		
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			so ليس لعرق ظالم which means the root
		
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			of an oppressor does not have any right
		
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			ليس لعرق ظالم ليس لعرق ظالم the oppressive
		
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			root does not have any right as if
		
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			the root itself is described as oppressive there
		
00:34:09 --> 00:34:11
			is no right for unjust roots there is
		
00:34:11 --> 00:34:20
			no right for unjust roots so this قعدة
		
00:34:20 --> 00:34:23
			should be clear ضرر لا يزال بمثله harm
		
00:34:23 --> 00:34:25
			is not to be removed by an equal
		
00:34:25 --> 00:34:29
			harm the next قعدة is basically to tell
		
00:34:29 --> 00:34:31
			you that you could remove harm by a
		
00:34:31 --> 00:34:36
			lesser harm ضرر الأشد يزال بالضرر الخف greater
		
00:34:36 --> 00:34:40
			harm is removed by lesser harm some consider
		
00:34:40 --> 00:34:43
			this maximum and the you know, the two
		
00:34:43 --> 00:34:48
			other ones يختار أهون الشرين وإذا تعارض مفسدتان
		
00:34:48 --> 00:34:53
			روعي أعظمهما ضررا بارتكاب أخفهما so يختار أهون
		
00:34:53 --> 00:34:57
			الشرين يختار أهون الشرين is the lesser evil
		
00:34:57 --> 00:35:20
			is chosen الضرر الأشد يزال بالضرر الأخف so
		
00:35:20 --> 00:35:26
			this is greater oh, I'm sorry, this is
		
00:35:26 --> 00:35:39
			greater harm is to be removed by
		
00:35:41 --> 00:35:51
			the lesser harm and then you
		
00:35:51 --> 00:36:02
			have يختار أهون الشرين الشرين
		
00:36:02 --> 00:36:12
			the two evils, right two evils أهون is
		
00:36:12 --> 00:36:18
			the lesser يختار is chosen so this will
		
00:36:18 --> 00:36:23
			translate into the lesser evil the lesser of
		
00:36:23 --> 00:36:25
			the two evils is chosen, the lesser of
		
00:36:25 --> 00:36:28
			the two evils is chosen, are they the
		
00:36:28 --> 00:36:42
			same they're not the same what's different yeah
		
00:36:42 --> 00:36:50
			but the other yeah no it's telling you
		
00:36:50 --> 00:36:52
			that you should choose it, it's not like
		
00:36:52 --> 00:36:55
			you have choice, it's telling you that you
		
00:36:55 --> 00:36:57
			should choose the lesser of the two evils
		
00:36:57 --> 00:37:03
			it's not giving you the choice yes yes
		
00:37:05 --> 00:37:08
			we're dealing with a harm that is existent
		
00:37:08 --> 00:37:11
			and we are removing it by a lesser
		
00:37:11 --> 00:37:15
			harm but you are here at the crossroads
		
00:37:15 --> 00:37:17
			in the second one you are at the
		
00:37:17 --> 00:37:22
			crossroads you have two pathways, not a third
		
00:37:22 --> 00:37:27
			two, two options both of them entail harm,
		
00:37:27 --> 00:37:30
			but one entails greater harm, then you have
		
00:37:30 --> 00:37:33
			to take, at this bifurcation you have to
		
00:37:33 --> 00:37:36
			take the route that will cause the lesser
		
00:37:36 --> 00:37:39
			harm, not the greater harm so we're talking
		
00:37:39 --> 00:37:42
			here about you know, harm that is existent
		
00:37:42 --> 00:37:51
			and harm that is expected maybe it is
		
00:37:51 --> 00:37:55
			you know the trolley problem, like the the
		
00:37:55 --> 00:37:57
			switch of the tracks of the train because
		
00:37:57 --> 00:38:00
			you have like less people on this track
		
00:38:00 --> 00:38:12
			than maybe it is and then so
		
00:38:14 --> 00:38:18
			is basically when there are sort of where
		
00:38:19 --> 00:38:22
			we have to choose we don't have a
		
00:38:22 --> 00:38:24
			third option we have to choose between two
		
00:38:24 --> 00:38:28
			options one of them is worse than the
		
00:38:28 --> 00:38:38
			other all
		
00:38:38 --> 00:38:41
			these maxims take into account that harm is
		
00:38:41 --> 00:38:44
			not uniform in degree rather it varies in
		
00:38:44 --> 00:38:48
			its nature and its effects Allah almighty says
		
00:38:49 --> 00:38:52
			and fitna is worse than killing and fitna
		
00:38:52 --> 00:38:54
			here is basically to force people away from
		
00:38:54 --> 00:38:58
			their deen to persecute people away from their
		
00:38:58 --> 00:39:03
			deen and there are several obligations one of
		
00:39:03 --> 00:39:06
			them is the obligation you know, several applications
		
00:39:06 --> 00:39:08
			one of them is the obligation to remove
		
00:39:08 --> 00:39:14
			water spouts and sabat sabat is the canopy
		
00:39:15 --> 00:39:17
			we've gone over this before if you have
		
00:39:17 --> 00:39:19
			like a water spout that's causing harm to
		
00:39:19 --> 00:39:21
			the people you have to remove it and
		
00:39:21 --> 00:39:25
			stuff because that's the lesser harm we're talking
		
00:39:25 --> 00:39:28
			here about removing an existing harm by a
		
00:39:28 --> 00:39:30
			lesser harm so if you have a water
		
00:39:30 --> 00:39:33
			spout that is causing harm to pedestrians or
		
00:39:33 --> 00:39:37
			a canopy that's causing harm to pedestrians you
		
00:39:37 --> 00:39:41
			know, the lesser harm is basically to order
		
00:39:41 --> 00:39:46
			you to remove it even if you had
		
00:39:46 --> 00:39:50
			built it when the road was lower or
		
00:39:50 --> 00:39:54
			the pathway was lower and the canopy was
		
00:39:54 --> 00:39:57
			not causing problems if the canopy is now
		
00:39:57 --> 00:40:01
			causing problems after 35 years we will ask
		
00:40:01 --> 00:40:03
			you to remove it because it is causing
		
00:40:03 --> 00:40:11
			harm to the pedestrians divorce for instance if
		
00:40:11 --> 00:40:13
			the harm of marriage is greater than the
		
00:40:13 --> 00:40:16
			harm of divorce divorce is a bad thing
		
00:40:16 --> 00:40:22
			I've written a paper about the ruling of
		
00:40:22 --> 00:40:29
			divorce sometimes sisters ask if divorce is halal
		
00:40:29 --> 00:40:33
			for men I believe that the default for
		
00:40:33 --> 00:40:37
			divorce is prohibition it's not halalness, it is
		
00:40:37 --> 00:40:40
			prohibition it's not the majority position but it
		
00:40:40 --> 00:40:44
			is I believe strongly in this position this
		
00:40:44 --> 00:40:48
			is the position of some Hanafis and this
		
00:40:48 --> 00:40:52
			is the position of Ibn Taymiyyah that divorce
		
00:40:52 --> 00:40:56
			is forbidden it's not halal how could that
		
00:40:56 --> 00:40:57
			be?
		
00:40:58 --> 00:41:01
			we say that the five rulings apply to
		
00:41:01 --> 00:41:07
			divorce haram, halal I'm sorry haram, wajib, mashtahab,
		
00:41:07 --> 00:41:10
			makrooh and mubah all five rulings apply to
		
00:41:10 --> 00:41:17
			divorce but what is the default default prohibited
		
00:41:17 --> 00:41:21
			haram because it leads to harm so that
		
00:41:21 --> 00:41:28
			if this is the expression they use so
		
00:41:28 --> 00:41:33
			the default with regard to divorce is prohibition
		
00:41:33 --> 00:41:38
			is prohibition so why is it that we
		
00:41:38 --> 00:41:44
			have a hadith that says the most most
		
00:41:45 --> 00:41:47
			disliked thing in the sight of Allah most
		
00:41:47 --> 00:41:50
			disliked of the halal things in the sight
		
00:41:50 --> 00:41:56
			of Allah talaq why do we have this
		
00:41:56 --> 00:41:56
			hadith?
		
00:41:57 --> 00:42:00
			first of all, it's controversial the hadith may
		
00:42:00 --> 00:42:05
			not be authentic second if we say it
		
00:42:05 --> 00:42:08
			is authentic we are assuming that this is
		
00:42:09 --> 00:42:12
			a warranted divorce we are assuming that this
		
00:42:12 --> 00:42:15
			is still a warranted divorce not a completely
		
00:42:15 --> 00:42:18
			unprovoked divorce when we say the default in
		
00:42:18 --> 00:42:21
			talaq is prohibition we are talking about talaq
		
00:42:21 --> 00:42:25
			that is you know the paper that I
		
00:42:25 --> 00:42:30
			shared with you on the change of fatwa
		
00:42:30 --> 00:42:32
			in family laws, it is in your folder
		
00:42:32 --> 00:42:35
			it talks about change of fatwa in family
		
00:42:35 --> 00:42:39
			laws this is one of the chapters the
		
00:42:39 --> 00:42:44
			default with regard to divorce is prohibition so
		
00:42:45 --> 00:42:49
			if it is unprovoked it's unwarranted then it
		
00:42:49 --> 00:42:54
			has to be prohibition if the prophet says
		
00:42:54 --> 00:43:01
			that talaq is basically the sort of the
		
00:43:01 --> 00:43:04
			greatest priority for the shaytan is to cause
		
00:43:04 --> 00:43:07
			divorce so there is a hadith in muslim
		
00:43:07 --> 00:43:11
			where the shaytan dispatches his troops and says
		
00:43:11 --> 00:43:12
			I will crown the one who causes the
		
00:43:12 --> 00:43:15
			greatest harm and fitna and then you know
		
00:43:15 --> 00:43:18
			someone comes and says I had him kill
		
00:43:18 --> 00:43:21
			someone I had him do this I had
		
00:43:21 --> 00:43:26
			him mistreat his parents etc and the shaytan
		
00:43:26 --> 00:43:29
			that will come and say I continued to
		
00:43:29 --> 00:43:32
			urge him until I separated between him and
		
00:43:32 --> 00:43:34
			his wife the shaytan will bring him closer
		
00:43:34 --> 00:43:37
			to him and will crown him and he
		
00:43:37 --> 00:43:40
			will say you are the one so if
		
00:43:40 --> 00:43:43
			the prophet is telling us that this is
		
00:43:43 --> 00:43:45
			the highest priority for the shaytan then it
		
00:43:45 --> 00:43:54
			just can't be basically halal anyway having said
		
00:43:54 --> 00:43:57
			that having said that talaq sometimes can be
		
00:43:57 --> 00:44:01
			the lesser of the two evils the lesser
		
00:44:01 --> 00:44:03
			of the two evils and this is one
		
00:44:03 --> 00:44:05
			of the applications that's why talaq is permissible
		
00:44:05 --> 00:44:11
			in islam versus catholicism or something like that
		
00:44:11 --> 00:44:23
			now the annulment of marriage also yes
		
00:44:25 --> 00:44:29
			so the same applies to annulment so we
		
00:44:29 --> 00:44:31
			can ask for annulment of marriage if you
		
00:44:31 --> 00:44:38
			marry someone and they have hidden a problem
		
00:44:39 --> 00:44:44
			and the problem that affects or the flaws
		
00:44:44 --> 00:44:48
			that allow for annulment of marriage are basically
		
00:44:48 --> 00:44:50
			controversial among the mazahib but some of them
		
00:44:50 --> 00:44:54
			are let us say for example for a
		
00:44:54 --> 00:44:57
			mother in an example you didn't tell your
		
00:44:57 --> 00:45:00
			spouse that you have HIV for instance well
		
00:45:00 --> 00:45:04
			it will cause it will cause them anxiety,
		
00:45:04 --> 00:45:06
			it will cause them harm they can ask
		
00:45:06 --> 00:45:12
			for annulment they can ask for annulment so
		
00:45:12 --> 00:45:14
			annulment sometimes can be the lesser of the
		
00:45:14 --> 00:45:21
			two evils now if a man becomes completely
		
00:45:21 --> 00:45:26
			broke and doesn't have no financial capacity to
		
00:45:27 --> 00:45:31
			sustain their family will we allow the wife
		
00:45:31 --> 00:45:34
			to ask for annulment yes we will allow
		
00:45:34 --> 00:45:36
			her to ask for annulment three out of
		
00:45:36 --> 00:45:38
			four mazahib will allow her to ask for
		
00:45:38 --> 00:45:41
			annulment that's Maliki, Shafi'i and Hanbali the
		
00:45:41 --> 00:45:44
			Hanafis will have them locked up until he
		
00:45:44 --> 00:45:53
			spends they will allow her but anyway
		
00:45:53 --> 00:45:59
			they will basically figure out a way to
		
00:45:59 --> 00:46:03
			to force him or to have her released
		
00:46:03 --> 00:46:07
			to force him to spend or to have
		
00:46:07 --> 00:46:13
			her released that is in this case why
		
00:46:13 --> 00:46:16
			are we doing this because the harm of
		
00:46:16 --> 00:46:18
			staying in the marriage for the wife is
		
00:46:18 --> 00:46:21
			greater than the harm of the annulment of
		
00:46:21 --> 00:46:26
			the marriage if he's unable to sustain a
		
00:46:26 --> 00:46:32
			family then that causes a greater harm fighting
		
00:46:32 --> 00:46:38
			a rebellious group this could also be you
		
00:46:38 --> 00:46:42
			know the same concept when you fight a
		
00:46:42 --> 00:46:44
			rebellious group, the rebellious group is a group
		
00:46:44 --> 00:46:49
			of Muslims that are rebelling against the legitimate
		
00:46:50 --> 00:46:53
			imam and in this case it causes harm
		
00:46:53 --> 00:47:00
			but it is the lesser harm likewise so
		
00:47:00 --> 00:47:04
			it has the spectrum of applications is huge
		
00:47:04 --> 00:47:07
			so from fighting a rebellious group to talaq
		
00:47:07 --> 00:47:12
			and annulment to something as you know small
		
00:47:12 --> 00:47:14
			as turning your cell phone off if you're
		
00:47:14 --> 00:47:19
			praying and your cell phone is ringing and
		
00:47:19 --> 00:47:22
			you're praying in congregation you take it out
		
00:47:22 --> 00:47:25
			of your pocket, you turn it off you
		
00:47:25 --> 00:47:27
			put it back in your pocket so this
		
00:47:27 --> 00:47:33
			movement in prayer is harm because it disrupts
		
00:47:33 --> 00:47:36
			the khushuah in the prayer and when you
		
00:47:36 --> 00:47:39
			do this you also will distract the people
		
00:47:39 --> 00:47:41
			next to you but is it the lesser
		
00:47:41 --> 00:47:43
			harm or the greater harm?
		
00:47:43 --> 00:47:45
			It's the lesser harm just to keep the
		
00:47:45 --> 00:47:51
			phone ringing closely related to this maxim is
		
00:47:51 --> 00:47:54
			a maxim that we will discuss later next
		
00:47:54 --> 00:47:57
			session inshallah we will discuss the maxim of
		
00:47:58 --> 00:48:05
			private harm we will discuss the maxim it's
		
00:48:05 --> 00:48:15
			not about me you know so private harm
		
00:48:15 --> 00:48:19
			is endured to avert public harm private harm
		
00:48:19 --> 00:48:22
			is endured to avert public harm is another
		
00:48:23 --> 00:48:26
			maxim that is related to this one okay
		
00:48:26 --> 00:48:31
			so let's move on to the big one
		
00:48:31 --> 00:48:36
			this is a very important maxim and it
		
00:48:36 --> 00:48:42
			has many applications the lesser of two evils
		
00:48:42 --> 00:48:50
			is chosen when two harms conflict the greater
		
00:48:50 --> 00:48:54
			harm is mitigated by committing the lesser when
		
00:48:54 --> 00:48:58
			two harms conflict the greater harm is mitigated
		
00:48:58 --> 00:49:04
			by committing the lesser harm if you're this
		
00:49:04 --> 00:49:28
			is must
		
00:49:28 --> 00:49:39
			be chosen ahwan, lesser asharrain two evils okay
		
00:49:39 --> 00:49:46
			this is hikmah this is basically the basis
		
00:49:46 --> 00:49:52
			of hikmah or wisdom so imam taymiah rahimahullah
		
00:49:52 --> 00:49:56
			said al aqil the wise man or the
		
00:49:56 --> 00:49:58
			wise person is not the person who sorts
		
00:49:58 --> 00:50:02
			out evil from good sorting out evil from
		
00:50:02 --> 00:50:07
			good is not wisdom because most people are
		
00:50:07 --> 00:50:10
			able to do this wisdom is to sort
		
00:50:10 --> 00:50:13
			out the greater of two evils and the
		
00:50:13 --> 00:50:16
			greater of two goods sort out the greater
		
00:50:16 --> 00:50:18
			of two evils the greater of the two
		
00:50:18 --> 00:50:22
			goods and to be able to mitigate the
		
00:50:22 --> 00:50:25
			greater evil by tolerating the lesser one and
		
00:50:25 --> 00:50:29
			to procure the greater benefit by forsaking the
		
00:50:29 --> 00:50:34
			lesser one so this is an important concept
		
00:50:34 --> 00:50:52
			so says in his 33rd qaida if
		
00:50:52 --> 00:50:55
			interests conflict if interests conflict the higher one
		
00:50:55 --> 00:50:58
			is prioritized so an obligatory act is preferred
		
00:50:58 --> 00:51:01
			over a recommended one and a more significant
		
00:51:01 --> 00:51:04
			benefit is prioritized over a lesser one if
		
00:51:04 --> 00:51:08
			harms conflict and one must be committed the
		
00:51:08 --> 00:51:16
			lesser of the two is chosen remember when
		
00:51:16 --> 00:51:22
			we had during the time of covid we
		
00:51:22 --> 00:51:26
			had a fatwa about scarcity of resources scarcity
		
00:51:26 --> 00:51:31
			of resources like you have one vent we
		
00:51:31 --> 00:51:34
			were making basically a lot of assumptions about
		
00:51:34 --> 00:51:37
			how there would be great scarcity of resources
		
00:51:37 --> 00:51:40
			and thousands of people are dying millions are
		
00:51:40 --> 00:51:42
			dying and all of that stuff you know
		
00:51:42 --> 00:51:44
			at the beginning of the scare it was
		
00:51:45 --> 00:51:49
			so we were talking about like if you
		
00:51:49 --> 00:51:53
			have one vent and you have three patients
		
00:51:53 --> 00:51:58
			and you have to choose what are you
		
00:51:58 --> 00:52:02
			going to do like so if you have
		
00:52:02 --> 00:52:05
			a patient with you know the three patients
		
00:52:05 --> 00:52:10
			three patients you will have to figure out
		
00:52:11 --> 00:52:16
			have to figure out metrics by which you
		
00:52:16 --> 00:52:19
			determine which patient will be put on the
		
00:52:19 --> 00:52:22
			vent and certainly it's not going to be
		
00:52:23 --> 00:52:27
			you know these are this will be a
		
00:52:27 --> 00:52:34
			very difficult situation but you will have to
		
00:52:34 --> 00:52:37
			be making very very tough choices and you
		
00:52:37 --> 00:52:40
			will have to be talking about life expectancy
		
00:52:41 --> 00:52:43
			so if you have a 30 year old
		
00:52:43 --> 00:52:47
			and a 75 year old which one will
		
00:52:47 --> 00:52:49
			you put on the vent that will look
		
00:52:49 --> 00:52:54
			like discrimination against old people yeah you know
		
00:52:54 --> 00:52:58
			so I'm almost 60 so like so you
		
00:52:58 --> 00:53:01
			have a 60 year old and a 25
		
00:53:01 --> 00:53:05
			year old so in this case and you
		
00:53:05 --> 00:53:08
			have one vent and don't tell me you
		
00:53:08 --> 00:53:10
			know figure it out no there is only
		
00:53:10 --> 00:53:13
			one vent both need this vent both will
		
00:53:13 --> 00:53:18
			die without this vent so do you put
		
00:53:18 --> 00:53:19
			the one who's 60 or the one who's
		
00:53:19 --> 00:53:25
			25 on the vent and if you say
		
00:53:25 --> 00:53:29
			life expectancy is let us say life expectancy
		
00:53:29 --> 00:53:33
			is 80 years or whatever it is and
		
00:53:33 --> 00:53:38
			so this person has 20 years left nobody
		
00:53:38 --> 00:53:41
			knows you can say are you god no
		
00:53:41 --> 00:53:43
			I'm not god I'm just talking about life
		
00:53:43 --> 00:53:46
			expectancy these two people I don't know how
		
00:53:46 --> 00:53:49
			but life expectancy is about 80 years so
		
00:53:49 --> 00:53:53
			this person may have 55 years ahead of
		
00:53:53 --> 00:53:55
			them this person may have 20 years ahead
		
00:53:55 --> 00:53:57
			of them if I put the 25 year
		
00:53:57 --> 00:54:03
			old on the vent I am basically saving
		
00:54:03 --> 00:54:07
			55 years of life it has to be
		
00:54:07 --> 00:54:10
			down to this has to be down to
		
00:54:10 --> 00:54:15
			this but then someone may say you know
		
00:54:15 --> 00:54:18
			this 60 year old may have little kids
		
00:54:18 --> 00:54:22
			who need them and this 25 year old
		
00:54:22 --> 00:54:26
			may have nobody who needs them would you
		
00:54:26 --> 00:54:29
			factor this in you factor this in as
		
00:54:29 --> 00:54:33
			well and it gets to be an extremely
		
00:54:33 --> 00:54:36
			difficult predicament certainly it would have been a
		
00:54:36 --> 00:54:41
			very difficult predicament for healthcare providers healthcare workers
		
00:54:41 --> 00:54:43
			and so on if we got to that
		
00:54:43 --> 00:54:46
			point but if you get to that point
		
00:54:46 --> 00:54:49
			you will be making very very tough choices
		
00:54:49 --> 00:54:54
			and they look very evil but it's the
		
00:54:54 --> 00:54:57
			lesser of two evils so it may look
		
00:54:57 --> 00:54:59
			very evil that you are saying I am
		
00:54:59 --> 00:55:02
			not putting this person on the vent because
		
00:55:02 --> 00:55:05
			they are older I'm not putting this person
		
00:55:05 --> 00:55:08
			on the vent because they have no dependence
		
00:55:08 --> 00:55:11
			I am not it sounds very evil like
		
00:55:11 --> 00:55:14
			I'm you know I'm letting this guy die
		
00:55:16 --> 00:55:20
			because he is this or that but in
		
00:55:20 --> 00:55:24
			this case I am forced to choose one
		
00:55:24 --> 00:55:27
			of two evils they are both evil if
		
00:55:27 --> 00:55:30
			I let go of this or let go
		
00:55:30 --> 00:55:35
			of that they are both evil so Ibn
		
00:55:35 --> 00:55:45
			Hajjab it
		
00:55:46 --> 00:55:50
			it will sometimes it can get to be
		
00:55:50 --> 00:55:55
			extremely difficult and many times there will be
		
00:55:55 --> 00:55:58
			things that you will not consider because they
		
00:55:58 --> 00:56:01
			will they will be very subjective and you
		
00:56:01 --> 00:56:03
			will not consider you will have to find
		
00:56:03 --> 00:56:08
			things that are objective you know like age
		
00:56:08 --> 00:56:12
			dependence something that is very objective that can
		
00:56:12 --> 00:56:16
			be justified instead of saying that this person
		
00:56:16 --> 00:56:19
			is worth more than that person because this
		
00:56:19 --> 00:56:22
			person you know one of the things that
		
00:56:22 --> 00:56:27
			we have talked about also is healthcare workers
		
00:56:27 --> 00:56:32
			do you prioritize healthcare workers in a situation
		
00:56:32 --> 00:56:35
			of this nature you will prioritize healthcare workers
		
00:56:35 --> 00:56:40
			because every healthcare worker you lose you are
		
00:56:40 --> 00:56:43
			losing many people with them because if you
		
00:56:43 --> 00:56:45
			have scarcity of resources and these are the
		
00:56:45 --> 00:56:48
			people who are saving lives then you ought
		
00:56:48 --> 00:56:51
			to prioritize them because by prioritizing them you
		
00:56:51 --> 00:56:54
			are prioritizing the people who are saving lives
		
00:56:54 --> 00:56:56
			I am just telling you this is an
		
00:56:56 --> 00:57:04
			example of having to choose between different evils
		
00:57:04 --> 00:57:10
			okay Ibn Rajab said you could read this
		
00:57:10 --> 00:57:13
			it is the same concept Ibn Najjar said
		
00:57:21 --> 00:57:25
			another legal proof is the jurist statement repelling
		
00:57:25 --> 00:57:28
			harms takes precedence over bringing benefits and the
		
00:57:28 --> 00:57:31
			most severe harm is repelled by the least
		
00:57:31 --> 00:57:36
			severe this maxim acknowledges that life is a
		
00:57:36 --> 00:57:42
			realm of trials benefits conflict harms conflict and
		
00:57:42 --> 00:57:47
			it may not be always conflict completely it
		
00:57:47 --> 00:57:51
			may not be always possible to separate the
		
00:57:51 --> 00:57:54
			harm from the benefit and get the pure
		
00:57:54 --> 00:58:00
			benefit and avoid harm so Imam Taqiyyidin Ibn
		
00:58:00 --> 00:58:06
			Taymiyyah said الواجب تحصيل المصالح وتكميلها وتعطيل المفاسد
		
00:58:06 --> 00:58:11
			وتقليلها فإذا تعرضت كان تحصيل أعظم المفصلحتين بتفويت
		
00:58:11 --> 00:58:16
			أدناهما ودفع أعظم المفسدتين مع احتمال أدناهما هو
		
00:58:16 --> 00:58:19
			المشروع the obligation is to secure benefits and
		
00:58:19 --> 00:58:23
			perfect them while averting harms and minimizing them
		
00:58:23 --> 00:58:27
			if they conflict the greater benefit is attained
		
00:58:27 --> 00:58:29
			by sacrificing the lesser and the greater harm
		
00:58:29 --> 00:58:33
			is averted by tolerating the lesser this is
		
00:58:33 --> 00:58:37
			the prescribed approach this is the prescribed approach
		
00:58:37 --> 00:58:42
			so this is often referred to remember you
		
00:58:42 --> 00:58:46
			hear sometimes about فقه الموازنات and فقه الأولويات
		
00:58:46 --> 00:58:50
			that's what this is about فقه الموازنات is
		
00:58:50 --> 00:58:54
			the fiqh of balances فقه الأولويات is the
		
00:58:54 --> 00:58:57
			fiqh of priorities this is where it's coming
		
00:58:57 --> 00:59:03
			from so don't be you know frazzled when
		
00:59:03 --> 00:59:04
			you hear about فقه الموازنات and فقه الأولويات
		
00:59:04 --> 00:59:07
			I know many people get frazzled you know
		
00:59:07 --> 00:59:10
			because they think the fuqaha are just corrupting
		
00:59:10 --> 00:59:13
			the deen and they're just like being too
		
00:59:15 --> 00:59:21
			what interventionists no it is it is all
		
00:59:21 --> 00:59:28
			based on these solid maxims, these solid Islamic
		
00:59:28 --> 00:59:34
			principles so فقه الموازنات balances and الأولويات priorities
		
00:59:34 --> 00:59:44
			is based on this maxim so the
		
00:59:44 --> 00:59:47
			legal evidence for this maxim is there are
		
00:59:47 --> 00:59:52
			so many countless ones but you know Allah
		
00:59:52 --> 00:59:55
			says يَسْأَلُونَكَ عَنَ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ
		
00:59:55 --> 00:59:58
			قِتَالٌ فِيهِ كَبِيرٌ وَصَضُّنَ عَن سَبِيلِ اللَّهِ وَكُفْرٌ
		
00:59:58 --> 01:00:01
			بِهِ وَالْمَسْجِدِ الْحَرَامِ وَيَخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ وَعَنْدُ
		
01:00:01 --> 01:00:05
			اللَّهِ وَالْفِتْنَةُ أَكْبَرُ مِنَ الْقَتْلُ وَلَا يَسْأَلُونَ يُقَتِلُونَكُمْ
		
01:00:05 --> 01:00:08
			إِلَى آخِرِ الْآيَاتِ so they ask you about
		
01:00:08 --> 01:00:11
			the let's read the translation they ask you
		
01:00:11 --> 01:00:14
			about the fighting in the sacred month say
		
01:00:14 --> 01:00:19
			fighting therein is grave but averting people from
		
01:00:19 --> 01:00:23
			the way of Allah and disbelief in Him
		
01:00:23 --> 01:00:27
			and preventing access to المسجد الحرام and expelling
		
01:00:27 --> 01:00:30
			its people from it are greater in the
		
01:00:30 --> 01:00:33
			sight of Allah and fitna is worse than
		
01:00:33 --> 01:00:39
			killing, fitna is to forcibly you know divert
		
01:00:39 --> 01:00:43
			people or avert people sway people away from
		
01:00:43 --> 01:00:48
			their deen, persecute them away from their deen,
		
01:00:48 --> 01:00:52
			till they leave their deen and the Prophet
		
01:00:52 --> 01:00:54
			ﷺ also said that اِمَانْ بَضَعَنْ وَسَبْعُونَ شُعْبَ
		
01:00:54 --> 01:00:57
			فَاعْلَهَا لَا إِلَهَ إِلَّا اللَّهُ أَدْنَاهَا لَا إِمَاتُ
		
01:00:57 --> 01:01:00
			الْأَذَى عَنَ الطَّرِيقِ امان is 60 some or
		
01:01:00 --> 01:01:03
			70 some branches, the highest is لا إله
		
01:01:03 --> 01:01:04
			إلا الله and the lowest is to remove
		
01:01:04 --> 01:01:08
			harm from the pathway which tells you what?
		
01:01:08 --> 01:01:13
			that things are not equal, you know good
		
01:01:13 --> 01:01:16
			things are not all equal bad things are
		
01:01:16 --> 01:01:21
			not all equal, there are priorities the Prophet
		
01:01:21 --> 01:01:25
			ﷺ said to Aisha, oh Aisha had your
		
01:01:25 --> 01:01:27
			people not been so recently in a state
		
01:01:27 --> 01:01:30
			of Jahiliyyah or ignorance, I would have demolished
		
01:01:30 --> 01:01:34
			the Kaaba, made it level with the ground
		
01:01:34 --> 01:01:37
			given it two doors one on the east
		
01:01:37 --> 01:01:40
			and one on the west and expanded it
		
01:01:40 --> 01:01:44
			by six cubits from the Hijr Quraysh had
		
01:01:44 --> 01:01:49
			shortened it when they built it so why
		
01:01:49 --> 01:01:50
			did he refrain from doing the right thing?
		
01:01:51 --> 01:01:56
			because it will cause discord among the Quraysh
		
01:01:56 --> 01:02:00
			and fitna because they're, you know they used
		
01:02:00 --> 01:02:03
			to view the Kaaba a lot and to
		
01:02:03 --> 01:02:06
			demolish it would cause discord and would cause
		
01:02:06 --> 01:02:10
			like fitna among Quraysh so when Abdullah ibn
		
01:02:10 --> 01:02:14
			Zubayr demolished the Kaaba and did that thing
		
01:02:14 --> 01:02:16
			you know, so the Kaaba looked a little
		
01:02:16 --> 01:02:18
			bit more rectangular during the time of Abdullah
		
01:02:18 --> 01:02:24
			ibn Zubayr you know nowadays it's like square,
		
01:02:24 --> 01:02:27
			it was more rectangular during the time of
		
01:02:27 --> 01:02:28
			Abdullah ibn Zubayr why?
		
01:02:28 --> 01:02:32
			because he put the Hijr inside the Kaaba
		
01:02:32 --> 01:02:36
			because the Hijr belongs inside the Kaaba Quraysh
		
01:02:36 --> 01:02:43
			had sort of the shortage of funds when
		
01:02:43 --> 01:02:45
			they were building the Kaaba, so they put
		
01:02:45 --> 01:02:49
			the Hijr outside of the Kaaba now the
		
01:02:49 --> 01:02:55
			Hijr is still outside the Kaaba should we
		
01:02:55 --> 01:02:57
			put it back in and do what the
		
01:02:57 --> 01:02:58
			Prophet wanted to do?
		
01:02:59 --> 01:03:02
			it depends you know, so if you do
		
01:03:02 --> 01:03:06
			this if you do this they will say
		
01:03:06 --> 01:03:08
			that you know, look at the Saudis there
		
01:03:08 --> 01:03:12
			that will be that will be the fire
		
01:03:12 --> 01:03:17
			and straw now so if people see the
		
01:03:17 --> 01:03:19
			Kaaba being demolished that will be the final
		
01:03:19 --> 01:03:24
			straw so so in this case in this
		
01:03:24 --> 01:03:29
			case even now, you know, because how are
		
01:03:29 --> 01:03:32
			you going to basically inform all those people,
		
01:03:33 --> 01:03:38
			like 2 billion Muslims about the truth you
		
01:03:38 --> 01:03:42
			know, that actually the Prophet meant to do
		
01:03:42 --> 01:03:45
			that so in this case you shouldn't, because
		
01:03:45 --> 01:03:50
			it will cause a lot more fitna than
		
01:03:50 --> 01:03:54
			it's worth doing so even now, you know
		
01:03:54 --> 01:03:58
			after 1400 years you can't do it you
		
01:03:58 --> 01:04:00
			can't do what the Prophet wanted to do
		
01:04:01 --> 01:04:04
			because of the fitna why did Abdullah ibn
		
01:04:04 --> 01:04:05
			Zubair do it?
		
01:04:06 --> 01:04:08
			because people, you know this was a few
		
01:04:08 --> 01:04:13
			decades after Quraish converted to Islam and he
		
01:04:13 --> 01:04:19
			felt that, you know people are educated enough
		
01:04:19 --> 01:04:22
			and people are Muslim enough that I can
		
01:04:22 --> 01:04:23
			do it now and he was able to
		
01:04:23 --> 01:04:26
			do it and it didn't cause much upheaval
		
01:04:26 --> 01:04:33
			when he did it but anyway they didn't
		
01:04:33 --> 01:04:42
			change it back yet anyway so
		
01:04:43 --> 01:04:46
			similarly in the case of the Bedouin man
		
01:04:46 --> 01:04:48
			who was urinating in the Masjid the Prophet
		
01:04:48 --> 01:04:54
			said don't interrupt him because if you let
		
01:04:54 --> 01:04:59
			him finish you know, so like someone is
		
01:04:59 --> 01:05:02
			urinating in the Masjid well that looks to
		
01:05:02 --> 01:05:06
			the Sahaba like sort of heretical and blasphemous
		
01:05:07 --> 01:05:09
			but the Prophet the Prophet said let him
		
01:05:09 --> 01:05:14
			finish let him finish because imagine if you
		
01:05:14 --> 01:05:18
			know during the act of urination if they
		
01:05:18 --> 01:05:21
			come and attack him what kind of mess
		
01:05:21 --> 01:05:30
			that would cause so the principle of
		
01:05:30 --> 01:05:35
			prioritization so Imam Taqaydeen ibn Taymiyyah mentioned some
		
01:05:35 --> 01:05:37
			cases here where he said when it comes
		
01:05:37 --> 01:05:40
			to prioritization he said the first type relates
		
01:05:40 --> 01:05:45
			to prioritizing obligatory over recommended to prioritize obligatory
		
01:05:45 --> 01:05:52
			over recommended to basically pay off your debt
		
01:05:52 --> 01:05:57
			or give charity pay off your debt or
		
01:05:57 --> 01:06:04
			give charity what do you prioritize pay off
		
01:06:04 --> 01:06:08
			your debt one is obligatory and one is
		
01:06:08 --> 01:06:14
			recommended okay, prioritizing an individual obligation over a
		
01:06:14 --> 01:06:19
			communal obligation to basically provide for your family
		
01:06:19 --> 01:06:27
			or to finance non-obligatory jihad jihad that
		
01:06:27 --> 01:06:30
			is not obligatory on you you have money
		
01:06:31 --> 01:06:34
			only enough to either provide for your family
		
01:06:34 --> 01:06:39
			or to finance non-obligatory jihad jihad that
		
01:06:39 --> 01:06:43
			is not obligatory on you specifically you specifically
		
01:06:43 --> 01:06:46
			like you are not being demanded to go
		
01:06:46 --> 01:06:48
			out because if you are demanded to go
		
01:06:48 --> 01:06:52
			out you will have to finance your whatever
		
01:06:52 --> 01:06:58
			your campaign so you provide for your family
		
01:06:58 --> 01:07:02
			and you don't finance that non-obligatory jihad
		
01:07:02 --> 01:07:13
			you prioritize your family different examples like
		
01:07:13 --> 01:07:17
			do you prioritize dhikr or Qur'an or
		
01:07:17 --> 01:07:20
			salah recitation of the Qur'an, dhikr or
		
01:07:20 --> 01:07:25
			salah then recitation of the Qur'an because
		
01:07:25 --> 01:07:28
			that's the best dhikr then dhikr given what
		
01:07:29 --> 01:07:32
			given that all of them will engage your
		
01:07:32 --> 01:07:39
			heart similarly but if you feel like you
		
01:07:39 --> 01:07:45
			know dhikr now will engage my heart more
		
01:07:45 --> 01:07:51
			then you give precedence to dhikr now so
		
01:07:51 --> 01:07:53
			it will not be always but it will
		
01:07:53 --> 01:07:57
			be now recitation of the Qur'an is
		
01:07:57 --> 01:07:59
			better than dhikr because that's the best dhikr
		
01:07:59 --> 01:08:02
			is the word of speech of God to
		
01:08:02 --> 01:08:05
			remember God by reciting his word that's the
		
01:08:05 --> 01:08:10
			best form of dhikr and salah is the
		
01:08:10 --> 01:08:14
			ultimate you know form of union our union
		
01:08:14 --> 01:08:17
			with Allah subhanahu wa ta'ala sunni union
		
01:08:17 --> 01:08:20
			not the bida'i union not the blasphemous
		
01:08:20 --> 01:08:23
			union but our sunni union being together with
		
01:08:23 --> 01:08:25
			Allah this togetherness with Allah subhanahu wa ta
		
01:08:25 --> 01:08:31
			'ala salah is your basically way to that
		
01:08:31 --> 01:08:35
			union or togetherness with Allah and which part
		
01:08:35 --> 01:08:37
			of salah is you would be closest to
		
01:08:37 --> 01:08:42
			Allah subhanahu wa ta'ala sujood so there
		
01:08:42 --> 01:08:45
			is no togetherness or union with Allah subhanahu
		
01:08:45 --> 01:08:47
			wa ta'ala more than what you will
		
01:08:47 --> 01:08:56
			have in your sujood okay then other other
		
01:08:56 --> 01:09:01
			applications so in terms of in terms of
		
01:09:01 --> 01:09:08
			prohibitions we like can a woman during their
		
01:09:08 --> 01:09:12
			time women traveling alone is like a different
		
01:09:12 --> 01:09:17
			like a long story but during their time
		
01:09:19 --> 01:09:23
			they allowed women to travel alone if she
		
01:09:23 --> 01:09:25
			was emigrating from the land of disbelief to
		
01:09:25 --> 01:09:29
			the land of belief from dar al harb
		
01:09:29 --> 01:09:33
			to dar al islam from you know the
		
01:09:33 --> 01:09:34
			land of kufr to the land of islam
		
01:09:36 --> 01:09:40
			because in this case it would be the
		
01:09:40 --> 01:09:42
			lesser of the two evils the greater evil
		
01:09:42 --> 01:09:45
			is to stay with the in the land
		
01:09:45 --> 01:09:50
			of disbelief this maxim also counts as other
		
01:09:50 --> 01:09:54
			applications the legislation of jihad itself is to
		
01:09:54 --> 01:09:58
			repel harm from the disbelievers because you know
		
01:09:58 --> 01:10:03
			the * of disbelievers over muslims will cause
		
01:10:03 --> 01:10:06
			greater harm than the harm of jihad itself
		
01:10:08 --> 01:10:11
			we allow in transactions some degree of gharar
		
01:10:11 --> 01:10:15
			because if you don't allow any degree of
		
01:10:15 --> 01:10:19
			gharar that will cause what so much harm
		
01:10:19 --> 01:10:21
			if you don't allow any degree of uncertainty
		
01:10:21 --> 01:10:25
			or speculation in transactions that will freeze the
		
01:10:25 --> 01:10:29
			market there has to be some gharar here
		
01:10:29 --> 01:10:33
			and there because otherwise if you want to
		
01:10:33 --> 01:10:40
			eliminate gharar risk taking uncertainty speculation if you
		
01:10:40 --> 01:10:43
			want to eliminate gharar from transactions you will
		
01:10:43 --> 01:10:49
			kill the market and so gharar was allowed
		
01:10:49 --> 01:10:52
			for this some degree of gharar of course
		
01:10:52 --> 01:10:56
			excessive gharar is not allowed refraining from condemning
		
01:10:56 --> 01:10:59
			wrongdoing if it causes greater harm that's one
		
01:10:59 --> 01:11:03
			example if amr ab al ma'ruf an
		
01:11:03 --> 01:11:06
			nahi an al munkar will cause greater munkar
		
01:11:06 --> 01:11:10
			then you refrain from ordaining good and forbidding
		
01:11:10 --> 01:11:12
			bad you ordain good and forbidding bad if
		
01:11:12 --> 01:11:22
			it's conducive to good not munkar endurance of
		
01:11:22 --> 01:11:25
			the oppression and injustice of rulers as rebellion
		
01:11:25 --> 01:11:28
			against them often leads to greater harm and
		
01:11:28 --> 01:11:32
			corruption than their tyranny and that is basically
		
01:11:32 --> 01:11:35
			one of the applications according to ahl al
		
01:11:35 --> 01:11:39
			sunnah you endure the oppression of the rulers
		
01:11:39 --> 01:11:45
			because rebelling will cause greater harm now so
		
01:11:45 --> 01:11:47
			this is a long story and if you
		
01:11:47 --> 01:11:50
			want to get my detailed position we went
		
01:11:50 --> 01:11:53
			over this when we discussed al-amda so
		
01:11:53 --> 01:11:58
			it will be under rebellion qital al bugha
		
01:11:58 --> 01:12:03
			you know fighting against the rebels the rules
		
01:12:03 --> 01:12:07
			fighting against the rebels but anyway i just
		
01:12:07 --> 01:12:09
			want to tell you that this is basically
		
01:12:09 --> 01:12:13
			about an armed group an armed group trying
		
01:12:13 --> 01:12:20
			to seize power from an established regime or
		
01:12:20 --> 01:12:24
			established sultan an armed group trying to seize
		
01:12:24 --> 01:12:29
			power from an established sultan you tolerate the
		
01:12:29 --> 01:12:33
			oppression because how did they come to the
		
01:12:33 --> 01:12:37
			conclusion that rebellion will always lead to greater
		
01:12:37 --> 01:12:41
			harm how did they come to that conclusion,
		
01:12:41 --> 01:12:44
			did the prophet say that or is it
		
01:12:44 --> 01:12:50
			istiqra inductive examination of the history so they
		
01:12:50 --> 01:12:52
			looked at the history they looked at the
		
01:12:52 --> 01:12:54
			different they looked at al-hussain, they looked
		
01:12:54 --> 01:12:56
			at ibn al-ash'ath, they looked at
		
01:12:56 --> 01:12:57
			ibn al-zubair they looked at sahab al
		
01:12:57 --> 01:13:00
			-nafs al-zakiya they looked at izaid they
		
01:13:00 --> 01:13:06
			looked at every single rebellion except for the
		
01:13:06 --> 01:13:11
			abbasis the abbasis were able eventually to seize
		
01:13:11 --> 01:13:14
			power from the umayyads, that was a form
		
01:13:14 --> 01:13:17
			of rebellion you know, why were they not
		
01:13:17 --> 01:13:21
			called rebels because they won that's the only
		
01:13:21 --> 01:13:28
			difference uh so but based on this qa
		
01:13:28 --> 01:13:31
			'ida, based on this qa'ida would we
		
01:13:31 --> 01:13:38
			say that if if rebellion is the lesson
		
01:13:38 --> 01:13:42
			to evils and the greater evil is basically
		
01:13:43 --> 01:13:47
			tolerance of or endurance of the oppression of
		
01:13:47 --> 01:13:50
			the ruler based on this qa'ida would
		
01:13:50 --> 01:13:53
			rebellion be favored yes, based on the qa
		
01:13:53 --> 01:13:59
			'ida but now we have many nusus texts
		
01:13:59 --> 01:14:02
			of revelation that we need to address and
		
01:14:03 --> 01:14:05
			this is not going to be the time
		
01:14:05 --> 01:14:08
			for this but if you want more details,
		
01:14:08 --> 01:14:10
			go to the you know, the chapter in
		
01:14:10 --> 01:14:14
			umdah where we discuss the rebellion and fighting
		
01:14:14 --> 01:14:18
			against the rebels but of course this talks
		
01:14:18 --> 01:14:21
			about this is not talking about ahl al
		
01:14:21 --> 01:14:26
			-hall wal-aqd removing the sultan or the
		
01:14:26 --> 01:14:29
			imam we're not talking here we're talking about
		
01:14:29 --> 01:14:32
			armed rebellion by a group ahl al-hall
		
01:14:32 --> 01:14:35
			wal-aqd the people in authority can remove
		
01:14:35 --> 01:14:38
			the imam this is a different discussion this
		
01:14:38 --> 01:14:41
			is not the discussion of rebellion people in
		
01:14:41 --> 01:14:44
			authority, ahl al-hall wal-aqd can remove
		
01:14:44 --> 01:14:47
			the imam this is not called the rebellion
		
01:14:47 --> 01:14:49
			and this is not the subject of this
		
01:14:49 --> 01:14:53
			discussion also not the subject of this discussion
		
01:14:54 --> 01:14:59
			the condemnation of the evil by the rulers
		
01:14:59 --> 01:15:01
			this is different, this is not an act
		
01:15:01 --> 01:15:08
			of rebellion rebellion is the armed rebellion by
		
01:15:08 --> 01:15:16
			a group against the established authority ah then
		
01:15:18 --> 01:15:23
			also we have among the applications is accepting
		
01:15:23 --> 01:15:26
			positions of authority where some degree of injustice
		
01:15:26 --> 01:15:31
			exists, where some degree of injustice exists so
		
01:15:31 --> 01:15:35
			al-imam he fought against the tatars by
		
01:15:35 --> 01:15:39
			himself and you know he sort of displayed
		
01:15:39 --> 01:15:43
			legendary heroism in fighting against the tatars in
		
01:15:44 --> 01:15:49
			basically leading the campaign recruiting the sultan himself,
		
01:15:49 --> 01:15:52
			went to him in Egypt to bring him
		
01:15:52 --> 01:15:54
			to Asham to fight and so on and
		
01:15:54 --> 01:15:57
			so forth, so he was very you know
		
01:15:58 --> 01:16:02
			you know at the forefront of the resistance
		
01:16:02 --> 01:16:05
			of the tatars but when the tatars became
		
01:16:05 --> 01:16:10
			in control in certain areas he validated validated
		
01:16:11 --> 01:16:14
			the reasoning that some of the Muslim scholars
		
01:16:14 --> 01:16:20
			provided for working as judges and imams under
		
01:16:20 --> 01:16:23
			the authority of the tatars, he said that
		
01:16:23 --> 01:16:27
			these people wanted so someone who's obsessed with
		
01:16:27 --> 01:16:30
			fighting with the tatars he could still see
		
01:16:31 --> 01:16:35
			that you may work with them and you
		
01:16:35 --> 01:16:39
			know the rationale that they provided for working
		
01:16:39 --> 01:16:42
			as judges and imams under the tatars made
		
01:16:42 --> 01:16:46
			sense to him because now that they are
		
01:16:46 --> 01:16:51
			in control if you don't basically accept those
		
01:16:51 --> 01:16:57
			positions more harm would ensue, you know so
		
01:16:57 --> 01:17:01
			he said that these people wanted to avert
		
01:17:01 --> 01:17:04
			harm from the masses, from the public as
		
01:17:04 --> 01:17:06
			much as they could as much as they
		
01:17:06 --> 01:17:11
			could to provide this buffer between the masses
		
01:17:11 --> 01:17:15
			and the ruler because the ruler cannot basically
		
01:17:15 --> 01:17:22
			administer or cannot control the entire population by
		
01:17:22 --> 01:17:26
			themselves so the ruler will need you know
		
01:17:26 --> 01:17:33
			a layer of executives and judges and imams
		
01:17:33 --> 01:17:36
			and so on and so forth so would
		
01:17:36 --> 01:17:44
			you work for that oppressive ruler to try
		
01:17:44 --> 01:17:46
			as much as you can to mitigate some
		
01:17:46 --> 01:17:50
			of the harm and protect the masses from
		
01:17:50 --> 01:17:52
			some of the harm like work as a
		
01:17:52 --> 01:17:57
			filter between the ruler and the public he
		
01:17:57 --> 01:18:00
			said that this is a valid sort of
		
01:18:00 --> 01:18:10
			rationale also according
		
01:18:10 --> 01:18:15
			to a weaker opinion you could sort of
		
01:18:15 --> 01:18:18
			cut open the abdomen of a deceased woman
		
01:18:18 --> 01:18:24
			if you are if you can extract the
		
01:18:24 --> 01:18:28
			fetus alive if it is hoped that the
		
01:18:28 --> 01:18:31
			fetus is still viable and alive you could
		
01:18:31 --> 01:18:34
			cut open the abdomen this is the weaker
		
01:18:34 --> 01:18:36
			position in the madhhab and we've discussed this
		
01:18:36 --> 01:18:41
			before and we've discussed you know the rationale
		
01:18:41 --> 01:18:45
			behind the stronger position in the madhhab so
		
01:18:45 --> 01:18:53
			now during their time you have a woman
		
01:18:53 --> 01:18:57
			who died during childbirth a woman who died
		
01:18:57 --> 01:19:02
			during childbirth and the fetus is moving inside
		
01:19:02 --> 01:19:06
			you detect some movement of the fetus inside
		
01:19:06 --> 01:19:11
			the question is should we cut the abdomen
		
01:19:11 --> 01:19:15
			and extract the fetus deliver the fetus this
		
01:19:15 --> 01:19:18
			would be a cesarean section but it was
		
01:19:18 --> 01:19:25
			not like the modern cesarean section it would
		
01:19:25 --> 01:19:27
			be without anesthesia or anything you just cut
		
01:19:27 --> 01:19:30
			the abdomen open she's already dead so we
		
01:19:30 --> 01:19:33
			have two positions in the madhhab and there
		
01:19:33 --> 01:19:38
			is disagreement within the madhhab some said some
		
01:19:38 --> 01:19:48
			said that the certain sacredness of
		
01:19:48 --> 01:19:56
			the deceased should be prioritized over the speculative
		
01:19:56 --> 01:20:02
			life of the baby or the sort of
		
01:20:03 --> 01:20:08
			uncertain life of the baby or the fetus
		
01:20:08 --> 01:20:13
			and some people said that the sacredness of
		
01:20:13 --> 01:20:19
			the living should be prioritized over the sacredness
		
01:20:19 --> 01:20:24
			of the dead dead do you see the
		
01:20:24 --> 01:20:29
			rationale behind the two positions there is like
		
01:20:29 --> 01:20:32
			I said last time this shows you that
		
01:20:32 --> 01:20:37
			our fuqaha did not treat women as basically
		
01:20:37 --> 01:20:42
			sort of a productive tool or like a
		
01:20:42 --> 01:20:50
			reproductive machine a reproductive machine they would sacrifice
		
01:20:50 --> 01:20:53
			the fetus because the life of the fetus
		
01:20:53 --> 01:20:59
			is uncertain for the sacredness of that dead
		
01:20:59 --> 01:21:04
			woman because they felt that and certainly the
		
01:21:04 --> 01:21:08
			prophet is the one who said this he
		
01:21:08 --> 01:21:12
			forbade mutilation of dead bodies he said that
		
01:21:12 --> 01:21:17
			breaking the bone of the dead is like
		
01:21:17 --> 01:21:21
			breaking the bone of the living so dead
		
01:21:21 --> 01:21:24
			people have you know or dead bodies are
		
01:21:24 --> 01:21:34
			sacred and they have their sacredness yeah so
		
01:21:34 --> 01:21:37
			nowadays it would be so nowadays it would
		
01:21:37 --> 01:21:42
			be a little bit different and so in
		
01:21:42 --> 01:21:50
			the Hanbali Madhhab they favored which position in
		
01:21:50 --> 01:21:54
			the sort of in the classical Hanbali Madhhab
		
01:21:54 --> 01:21:58
			they favored the sacredness of the dead woman
		
01:21:59 --> 01:22:02
			so they said that the life of the
		
01:22:02 --> 01:22:05
			fetus is uncertain what is certain is the
		
01:22:05 --> 01:22:11
			sacredness of the dead body so that's what
		
01:22:11 --> 01:22:14
			I'm saying so now it may be different
		
01:22:15 --> 01:22:18
			and I even said this in the in
		
01:22:18 --> 01:22:24
			like the thing that I sent you I
		
01:22:24 --> 01:22:27
			mentioned that I mentioned that the less favorable
		
01:22:27 --> 01:22:30
			position may become more favorable because of the
		
01:22:30 --> 01:22:38
			change in circumstances so nowadays nowadays I think
		
01:22:38 --> 01:22:40
			it would be a no brainer that you
		
01:22:40 --> 01:22:45
			will extract the fetus because if you're able
		
01:22:45 --> 01:22:48
			to detect you know heartbeats and so on
		
01:22:48 --> 01:22:54
			and and get the fetus out then I
		
01:22:54 --> 01:22:57
			think that the sacredness of life should be
		
01:22:57 --> 01:23:03
			prioritized in our times in their times it
		
01:23:03 --> 01:23:07
			was like they may have tried it a
		
01:23:07 --> 01:23:11
			few times by the way because they they
		
01:23:11 --> 01:23:13
			said that most likely the fetus will not
		
01:23:13 --> 01:23:17
			live most likely the fetus will not live
		
01:23:17 --> 01:23:19
			this was going to be a very messy
		
01:23:19 --> 01:23:21
			procedure by the way like it's a very
		
01:23:21 --> 01:23:27
			messy procedure and most likely the fetus did
		
01:23:27 --> 01:23:30
			not live in our times most likely if
		
01:23:30 --> 01:23:33
			you're able to detect heartbeats and if you
		
01:23:33 --> 01:23:36
			can do the emergency c-section and get
		
01:23:36 --> 01:23:40
			the fetus out most likely the fetus will
		
01:23:40 --> 01:23:43
			live so that is where the fatwa changes
		
01:23:43 --> 01:23:48
			with the change of times and circumstances so
		
01:23:48 --> 01:23:51
			whoever misappropriates a thread to bind the wound
		
01:23:51 --> 01:23:54
			of a respected being must return it if
		
01:23:54 --> 01:23:58
			doing so does not cause harm otherwise they
		
01:23:58 --> 01:24:02
			are liable for its value so you misappropriate
		
01:24:02 --> 01:24:06
			a thread and you stitch a wound with
		
01:24:06 --> 01:24:10
			this thread we will tell you undo it
		
01:24:10 --> 01:24:14
			if it does not cause greater harm but
		
01:24:14 --> 01:24:17
			if it causes greater harm then we will
		
01:24:17 --> 01:24:21
			not demand the return of the thread we
		
01:24:21 --> 01:24:26
			will ask for the value punishment when it's
		
01:24:26 --> 01:24:31
			possible to confine to the perpetrator alone is
		
01:24:31 --> 01:24:35
			it's obligatory to confine harm or punishment to
		
01:24:35 --> 01:24:38
			the perpetrator alone if you can't confine it
		
01:24:38 --> 01:24:44
			and a greater harm will ensue then let
		
01:24:44 --> 01:24:48
			me give you an example uh to use
		
01:24:48 --> 01:24:53
			weapons of mass destruction weapons of mass destruction
		
01:24:53 --> 01:24:57
			for them were what catapult was the weapon
		
01:24:57 --> 01:25:02
			of mass the weapon of mass destruction because
		
01:25:02 --> 01:25:07
			it does indiscriminate killing it does indiscriminate killing
		
01:25:07 --> 01:25:12
			to use a weapon like this would not
		
01:25:12 --> 01:25:17
			be permissible unless avoidance would result in greater
		
01:25:17 --> 01:25:22
			harm avoidance would result in greater harm in
		
01:25:22 --> 01:25:26
			this case you could use it uh so
		
01:25:27 --> 01:25:31
			that is why many scholars said you could
		
01:25:31 --> 01:25:33
			use al-manjaniq in al-jihad al-wajib
		
01:25:33 --> 01:25:39
			only so that is defensive jihad you could
		
01:25:39 --> 01:25:49
			use catapult in defensive jihad anyway also uh
		
01:25:49 --> 01:25:56
			there was like one example so performing the
		
01:25:56 --> 01:25:59
			friday or the eight prayers behind an immoral
		
01:25:59 --> 01:26:03
			person or a fasiq in the madhhab the
		
01:26:03 --> 01:26:07
			imamah of the fasiq the imamah of the
		
01:26:07 --> 01:26:13
			wicked you know disobedient immoral person is not
		
01:26:13 --> 01:26:17
			valid in the madhhab in the hanbali madhhab
		
01:26:17 --> 01:26:20
			it's not valid but if there is a
		
01:26:20 --> 01:26:25
			wicked disobedient immoral person leading the friday or
		
01:26:25 --> 01:26:27
			the eid prayer and there is no one
		
01:26:27 --> 01:26:32
			else that you can pray behind you go
		
01:26:32 --> 01:26:36
			and pray the eid prayer because here the
		
01:26:36 --> 01:26:44
			greater harm is your basically uh what avoidance
		
01:26:44 --> 01:26:47
			of the eid prayer uh huh missing the
		
01:26:47 --> 01:26:53
			missing the jummah missing the eid prayer breaking
		
01:26:53 --> 01:26:56
			the community apart this would be the greater
		
01:26:56 --> 01:26:59
			harm so if it is only one person
		
01:26:59 --> 01:27:01
			and that person happened to be immoral, disobedient,
		
01:27:01 --> 01:27:07
			wicked then you still pray behind them you
		
01:27:07 --> 01:27:13
			know how people used to uh you know
		
01:27:13 --> 01:27:16
			they may still do to stand up for
		
01:27:16 --> 01:27:19
			people arriving coming in into the room or
		
01:27:19 --> 01:27:22
			into the majlis to stand up was that
		
01:27:22 --> 01:27:25
			the custom of the prophet and the companions
		
01:27:25 --> 01:27:29
			no in fact anas ibn malik said they
		
01:27:29 --> 01:27:31
			didn't love anyone more than they loved the
		
01:27:31 --> 01:27:34
			prophet and they would not stand up for
		
01:27:34 --> 01:27:39
			him because they knew that he disliked it
		
01:27:39 --> 01:27:42
			he hated when people stood up for him
		
01:27:43 --> 01:27:48
			so when someone comes into the majlis uh
		
01:27:48 --> 01:27:51
			you don't stand up for them, that's the
		
01:27:51 --> 01:27:56
			sunnah unless they're coming from unless you haven't
		
01:27:56 --> 01:27:57
			seen them for a long time they're coming
		
01:27:57 --> 01:28:02
			from like uh far distance they're coming back
		
01:28:02 --> 01:28:09
			into town after travel someone who was absent
		
01:28:09 --> 01:28:12
			someone who was traveling and they came back
		
01:28:12 --> 01:28:15
			then they may you know stand up for
		
01:28:15 --> 01:28:23
			them uh to receive them now said that
		
01:28:23 --> 01:28:28
			if the custom if the sort of the
		
01:28:28 --> 01:28:31
			custom is to stand up for people and
		
01:28:31 --> 01:28:33
			if you don't stand up for them they
		
01:28:33 --> 01:28:38
			will think that you you're basically denying their
		
01:28:38 --> 01:28:42
			right or that you're belittling them or demeaning
		
01:28:42 --> 01:28:46
			them by not standing then in this case
		
01:28:46 --> 01:28:49
			to avert the greater harm you stand up
		
01:28:49 --> 01:28:57
			for them until until uh people become more
		
01:28:57 --> 01:29:01
			educated become more aware of the sunnah so
		
01:29:01 --> 01:29:04
			how do we how do we do this
		
01:29:04 --> 01:29:06
			like if because if we abandon the sunnah
		
01:29:06 --> 01:29:11
			every time for people's taste then we will
		
01:29:11 --> 01:29:14
			never be able to revive the sunnah you
		
01:29:14 --> 01:29:17
			do it gradually you do it gradually you
		
01:29:17 --> 01:29:23
			do it by by spreading knowledge by reiterating
		
01:29:23 --> 01:29:26
			that this is not something that you should
		
01:29:26 --> 01:29:31
			be doing all the time sometimes you may
		
01:29:31 --> 01:29:33
			do it but you shouldn't be doing it
		
01:29:33 --> 01:29:36
			all the time it should not be the
		
01:29:36 --> 01:29:39
			routine custom for people to stand up when
		
01:29:39 --> 01:29:42
			someone is coming in likewise the kissing of
		
01:29:42 --> 01:29:45
			hands did they kiss the hands of each
		
01:29:45 --> 01:29:48
			other did they kiss the hands of the
		
01:29:48 --> 01:29:51
			ulema and salihin they did did they do
		
01:29:51 --> 01:29:55
			this every time they met they didn't so
		
01:29:55 --> 01:29:58
			we say what it's okay every once in
		
01:29:58 --> 01:30:01
			a while particularly if you do this to
		
01:30:01 --> 01:30:06
			humble yourself and to show humility but it
		
01:30:06 --> 01:30:09
			should not be a routine thing because it
		
01:30:09 --> 01:30:12
			was not a routine thing for the first
		
01:30:12 --> 01:30:16
			community they did not kiss the hands of
		
01:30:17 --> 01:30:20
			you know the salihin and the ulema as
		
01:30:20 --> 01:30:23
			a routine thing if it is done every
		
01:30:23 --> 01:30:25
			once in a while particularly as a practice
		
01:30:25 --> 01:30:29
			of humility and to humble oneself and to
		
01:30:29 --> 01:30:31
			honor a teacher or something of that nature
		
01:30:31 --> 01:30:34
			that is okay but it should not be
		
01:30:34 --> 01:30:38
			a routine the same applies to standing up
		
01:30:38 --> 01:30:40
			for people you should not be standing up
		
01:30:40 --> 01:30:42
			for people if they are aware of the
		
01:30:42 --> 01:30:45
			sunnah if they are aware of the sunnah
		
01:30:45 --> 01:30:48
			if we have spread knowledge enough that people
		
01:30:48 --> 01:30:50
			are aware of the sunnah then we should
		
01:30:50 --> 01:30:53
			practice the sunnah because there is nothing better
		
01:30:53 --> 01:30:56
			than the sunnah if they are not and
		
01:30:56 --> 01:30:58
			you fear that it will cause more harm
		
01:30:58 --> 01:31:01
			they will be offended then you stand up
		
01:31:01 --> 01:31:08
			for them until they become more educated so
		
01:31:08 --> 01:31:13
			finally I said at the end know that
		
01:31:13 --> 01:31:17
			prioritizing matters requires knowledge and fairness obligatory acts
		
01:31:17 --> 01:31:21
			take precedence over recommended ones and individually binding
		
01:31:21 --> 01:31:25
			duties come before collective ones the superior is
		
01:31:25 --> 01:31:28
			prioritized over the less significant and matters specific
		
01:31:28 --> 01:31:31
			to a particular time or place are given
		
01:31:31 --> 01:31:34
			precedence in their context public benefit is prioritized
		
01:31:34 --> 01:31:38
			over private benefit immediate obligations take precedence over
		
01:31:38 --> 01:31:41
			these that can be delayed and necessities are
		
01:31:41 --> 01:31:45
			prioritized over needs which in turn come before
		
01:31:45 --> 01:31:51
			enhancements and so on so if you so
		
01:31:52 --> 01:32:02
			obligation over sunnah ok so in
		
01:32:02 --> 01:32:09
			the sense of recommendation and then individual obligation
		
01:32:12 --> 01:32:18
			over collective or communal if it is your
		
01:32:18 --> 01:32:22
			individual obligation then you prioritize it over communal
		
01:32:22 --> 01:32:25
			obligations like we said you provide for your
		
01:32:25 --> 01:32:34
			family before you finance jihad also we prioritize
		
01:32:36 --> 01:32:47
			public interest over private interest
		
01:32:48 --> 01:32:59
			also you prioritize immediate obligations
		
01:32:59 --> 01:33:07
			over what is means non-immediate you know
		
01:33:07 --> 01:33:19
			that which can be delayed what else
		
01:33:19 --> 01:33:30
			do you prioritize yeah necessities
		
01:33:33 --> 01:33:43
			over needs and needs over enhancements this
		
01:33:43 --> 01:33:52
			is you prioritize over over immediate
		
01:33:52 --> 01:34:01
			over non-immediate public over private individual obligation
		
01:34:01 --> 01:34:10
			over collective obligation obligation over sunnah and you
		
01:34:10 --> 01:34:12
			wanted to do this all the time if
		
01:34:12 --> 01:34:17
			you want to figure out if you want
		
01:34:17 --> 01:34:23
			to prioritize even in managing your time you
		
01:34:23 --> 01:34:30
			want to prioritize then there are two factors
		
01:34:32 --> 01:34:35
			you will have to give a number to
		
01:34:35 --> 01:34:38
			every task when you want to prioritize tasks
		
01:34:41 --> 01:34:49
			importance importance and urgency those are the two
		
01:34:49 --> 01:34:55
			factors that you have to think of because
		
01:34:55 --> 01:34:59
			you have countless tasks to finish which ones
		
01:34:59 --> 01:35:02
			should you prioritize you will have to give
		
01:35:02 --> 01:35:07
			a number multiply for importance a number for
		
01:35:07 --> 01:35:11
			urgency multiply importance by urgency and that's how
		
01:35:11 --> 01:35:15
			we figure out how to prioritize tasks and
		
01:35:15 --> 01:35:20
			usually urgency the immediate over non-immediate would
		
01:35:20 --> 01:35:23
			be prioritized so if you have an important
		
01:35:23 --> 01:35:26
			task but you feel that you could do
		
01:35:26 --> 01:35:29
			it tomorrow and you have a less important
		
01:35:29 --> 01:35:32
			task but if it is not done today
		
01:35:32 --> 01:35:38
			it's over you know then you prioritize the
		
01:35:38 --> 01:35:41
			less important over the more important because of
		
01:35:41 --> 01:35:45
			that urgency but you're always looking at urgency
		
01:35:45 --> 01:35:50
			and importance urgency and importance say what I
		
01:35:50 --> 01:35:52
			say and ask Allah for forgiveness may Allah
		
01:35:52 --> 01:35:53
			bless you and grant you peace