The Book of Zihar and Li’an

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Hatem al-Haj

Channel: Hatem al-Haj

Episode Notes

Episode Transcript

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I'm about to proceed

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today to go over two chapters, I'm calling them chapters but they're not quite chapters in the book, they're called books or web critic or Well,

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the thing is that the classification

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the reason why they quote some of them books and some of them Babs like keytab with the heart kita Boolean Bab a market or the cotton market that

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it

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you know, it is just like a mixture of reasons is not really quite clear why the you know, within the same topic, which was spent on faculty here, it was called some quantopian some

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PMA want to say that the the call that a book because it is bigger than the rest of the chapters. So it would be, it would sort of wiring quality to a book, versus just a bap or a chapter

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you may say that, you would have expected that the book or the chapters would be subcategories of the books. But that is not true. You know, it is somewhat confusing, because many people think that I blab or that

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that chapter, if you want to translate that as a chapter, that means the word Kitab means book.

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That means door meaning like opening a door for you to knowledge. Kitab means book meaning a collection of things, because it

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is gathering record collecting. So that so you would expect the chapters to be subcategories of the boxes. But that is not really consistent. The chapters are not usually subcategory of books.

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So it's a mixture of the book being of a different sort of topic than the previous chapters. And being also another bigger, either or,

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either.

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Or,

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yeah.

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So if the book is a little bit bigger, they'll call the techie tell if a particular chapter is a little bigger, they'll call a ticket, a

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ticket chapter is different from the previous ones talks about like, like here, keytab will say are quite equal to tablets to the valve of the heart, because he felt that the heart is not really related. It is not under marriage, it is not under divorce, it is not a divorce. So I'm just going to call it Nikita. Like separate

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from the previous chapters I have been talking to you about and I've done Martha death and things that pertain to divorce. Now I'm going to talk to you about the heart. But the heart is not really

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a subcategory of

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power, because the heart is a completely different thing.

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And it has different rulings. So I'm just going to call it kicked out and not.

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So the Magna Carta here says Kitab was the heart or the book of the heart.

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You will find that my commentary here is a little bit briefer than my commentary on other chapters because they are is not really extremely irrelevant to our environment. You don't see a lot of people saying to their wives, here, hon, to me, like my the back of my mother,

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and even in English wouldn't be like a Moscow. So

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therefore I have not really addressing it like in much detail because of the relevance. Yet you do need to know about it because it is part of the book that you're studying. And it is part of Islamic jurisprudence from Islamic so you need to know some about it.

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The first thing that you need to know which Kodama did not mention and sometimes he doesn't mention those things because they are part of like sort of for granted. He takes them for granted that's what everybody should know that the hottest con Medina mentioned that the artist cut off

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In his mouth,

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he just went right into the description of the heart, and then the expiation

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of the heart,

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and so on and so forth. And expiation hints to you that he had done something wrong, because he needs to expand it. But there is no clear mention of the prohibition of the art which is certainly prohibited. We can talk about the rulings of the heart and so on. But we should not forget that the hard to begin with his heart of

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Allah subhanaw taala said that the vena cava hirola Medical minister in a moment, no matter

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when

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he was in

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trouble, he was missoura. And they are saying an objection objectionable statement

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Moncure

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Moncure statement, an objection statement, and a false, zero is false.

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So those who pronouns the hard to pronounce, they are among you, to separate from their wives, they are not consequently, their mothers, their mothers are none but those who give birth to them. So they cannot make them their mother as they are because you can't make someone something that they are not. And indeed, they are saying an objection, judgment statement and a falsehood. But indeed, allies, pardoning and forgiving allies pardon, and forgiving quite a lot awful before a foreigner for a year to MIT to say to them, that there is expiation, your wives are not divorced or not separated from you, by the mirrors they are they are not divorced, they are not separated. But

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before you've resumed American relations, you have to explain and that is to teach people to refrain from those objectionable statements and refrain from exaggeration, by nature, keep in mind that different nations different peoples have different natures, that is not being racist, that is just that is the reality. So warm blooded people, warm blooded nations, they do have certain qualities, they do have certain issues and problems, they may have some good qualities, but they have bad qualities. And you know,

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and the the other people also, they have good and bad qualities, Allah subhanaw taala gave us a mixture of good and bad qualities, warm blooded people or nations, they tend to exaggerate, they tend to get angry a little bit faster, and so on. So that that is a form of exaggeration, that was common, and a lot of wanted, basically, to reform that,

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that generation to make arrangements for each generation of truth and generation of justice. That's why there's so much emphasis on justice. That's a form of exaggeration, like you want to separate from your wife. So instead of saying to her, you know, we'll just, you know, it's not working out let's separate or

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instead of agreeing on a divorce or something of that nature, you tell her you are like the back of my mother, you come to me are like the back of my mouth. Yes.

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Yeah, but this comment, if the if if this is just the statement or some other thing.

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So why not terminate the marriage however, the husband must expeed for it before he can resume sexual relations. So the expansion has to be expiation has to be before you resume your resume sexual relations.

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Before resumption of sexual relations and that is a matter of consensus, however, disagreed about sexual relations. What does that mean? Do you have to expand before intercourse or before any lustful touching

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and to two different positions and both are within the method of EMA mathematics. First position position is enter quarters. So it would not be a violation.

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If you have lost the full touch thing,

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but it would be a violation if you have intercourse prior to expiration.

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It's not clear that the expansion has to happen. So let's let's just remember that expiation must happen before intercourse must occur before intercourse. That does not mean that if intercourse happens before the expiation, the expiation will be compounded, it will not be compounded. You will have heard you have sinned you have violated the ruling but the exclusion will still be the same. You must refrain

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from marital relations until you experience

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then mmm no podemos no last party to describe the heart he said before Nicola the Marathi and de la Guevara homie Ramallah he holla beat how we are cool aunty Alia Can you read Halima? Javi, it is to say to his wife, you are to me like the back of my mother or a woman that is permanently unmanageable to him or to say to her you are to me, like my father intended with that to make her unmanageable to him. So you are to me, like in the back of my mother, it was the exaggeration here is that, you know, that the sun is hot, sodomy is hot, even with your wife. So you can imagine sodomy with your mother. That was like a horrific thing. So, to me, you're like the back of my

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mother. So you're as forbidden to me as the back of my mother. You're asked for a bit into me as the backup.

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So

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so that original incident, you know about which the parameters reveal the forbids the heart and to basically be paved the way out from this problem and expansion is kavadi only. So that's the original one that's agreed upon that this would count as the heart

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is the liking his wife to the back of his mother. They did that as a form of exaggeration, meaning you are forbidden to me as a mother This color is then debated whether like and encouraged to other body parts, and other maharam women would take the same ruling. They also debated whether light can impart to men and even animals would take the same rolling that it is a business question are largely largely irrelevant. So we will skip over again.

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However you like and then her to any man or woman

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is like the via analogy.

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To be at the heart, like likening her to his to his mother or to the back of his mother.

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Which body parts It's a long story about the hair and the nails. They don't count as your like integrity or parts of your body. Other hair hair needs teeth. Those usually don't count. Remember this hair,

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teeth, nails they don't count the rest counts

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and equivocal statements the man will be entrusted with his intention. There's no Kodama, Rahim Allah say that in bobunny. If he says you are to me, like my mother intended, the harm that it will come with us they are, what if he said, He's not saying the back here because you're to me, like the back of my mother does not have any other meaning in this amount of consensus. We will not ask him what did you mean? But if he says to her, to me, You're like my mother

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in a respectful manner? Well, if he depends here, the mean, you know, I value you, I respect you, I honor you, like I do with my mother or like, I honor my mother. It's it's possible that he meant that and if he meant that, he will not it will not be a VR. So he will basically we will believe him.

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regarding his intentions, if his statement was implicit, not explicit, if his statement was explicit, like variable,

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that we will not believe you will not believe that he intended anything else. But if his statement was implicit, then we will just

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Behavior

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some scholars disliked for a man this may be a little more practical than the rest of the talk today some scholars disliked for a man to say to his wife, mother or sister. So to save his wife, Mama, mommy something like this, they usually say that of course is because of APA report that a man said to his wife or my sister and the Prophet this approving the center him Is she your sister

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and

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have this Have you been authentic? The discussion will be over right.

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What happened? Is that effect?

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Yes.

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Okay, no, we will believe him with his intentions and we will not ask much about the details because it was implicit.

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Implicit. Remember, when we talked about the lab, we said that we will believe the man about his intention and he can Africa law concerning any implicit versus explicit divorces is when we look for corroborating evidence. So if he says to her, you are father.

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And then claimed that he did not mean you're divorced, but you're released from your thighs? Then we will ask what she died

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with, was he angry when he said what what what were the circumstances? But implicit if you make an implicit statement, and then you claim that you did not intended, particularly in the heart, because they are is not very consequential in terms of like, it does not cause separation or divorce, it's just that he will need to expiate. And if he does not accept, he can receive a law you know, the last one I thought is all knowing but from from the perspective of the judiciary, you don't really need to verify as much as you need to verify in cases of divorce.

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So is that in this case? Is it okay to say to your wife, Mama

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see whether it's like it

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is no it is still constructive speed and at that time she is.

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So if he made an explicit statement she should not have

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but Sister maharat phone or for those who want to be for also like pardoning and forgiving homeless or disobey Him that the verse I mean, just like don't slaughter the mentor and the first like mistake.

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I mean, if he had if he's a frequent offender, it's a different story. Yes, that's my first time.

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But this isn't this is not this is not a divorce is not different. Because it does not count as a default force mountain I'm at a loss and they are not their mothers, whatever they said is inconsequential.

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It does not count as a divorce. He will need to explain that is between him and a lot. But this is not a divorce.

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So So can he say it his wife, Mama or sister

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avoided that, that'd be good. Because he's not your mother and she's not your sister.

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But if in certain cultures when they're when this is very common,

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baddies is not authentic, where the Prophet was reported to have this approved,

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you know, saying sister to your wife, so there is no clear cut evidence here. And it is a matter of reasoning. Whenever we come down to the level of reading

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In, then, you know, we can't have certainty.

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We cannot have certainty. Some people may say that if this is if this is how they show compassion, certain people, how they show compassion towards their wives. don't prevent them from showing compassion in this way. Because you don't have a clear proof that this is forbidden. Yeah.

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Yes.

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Yes. Now, let me tell you this from the sisters perspective, if he made an exit, listen to the heart, then she should keep himself from him. Yes. If he made implicitly hard.

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Clearly, he should refrain from having grammatical relations for him and for the experience, but then he can fit into

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Yes, he is saved with him.

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Is not divorce, because the heart is not divorce does not result in divorce. They're still married. It's just a law forbade him from having marital relations. And then he explains from this sinful statement is ugly statements.

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Now then, okay, so what happens after he says this? What happens? If I'm going to put them on Rahim Allah then said Fela Hello hataoka fear Amita Hariri raba men company IE Massa, familia de TCM Terranea, Wi Fi MLM, yes, Tata five farms in Tina Myskina Well, how can you help us if at work a foreign demand feature video or mobile

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amount of them have been sent, then she's not permissible for him to have intercourse with with and I put this between brackets to have intercourse with

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why, because he did not say this, but this is the interpretation. But this interpretation itself is controversial, because according to the other position within the type of MMR might

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not be not, you know intercourse any of us thought that gap is forbidden from any last thoughts contained he experienced by emancipating has made he who did not afford them that then he should fast two consecutive months. And if he could not, then he should feed 60 poor individuals.

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And the amount of an epidemic pointed out here that if you really think that this is familiar, this exhibition is familiar, it is familiar. He says its ruling and description are similar to the expiation of having intercourse during the days of Ramadan. It is the same thing, like having intercourse with during the day have Ramadan. First emancipate the slave. You don't find the state to emancipate them fast 60 days you cannot fast 60 days then feed 60 poor individuals.

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Yes.

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So it is two months

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behind

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them.

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Emmanuel Kodama said that this is exactly like the fire the expansion of Ramadan. And

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what does that mean? It means that you follow the same order. As the prophet SAW as the Hadith of the Prophet SAW something about the man who came and asked, you know, told the Prophet sallallahu sallam, I destroyed myself I had intercourse with my wife during the day from Ramadan and the prophets of the law Salaam instructed me to emancipate and then so on and so forth. At the end of the day, the prophet gave him dates and told them go feed your family

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because he had he had told the Prophet that I don't you know, I don't own any Raka except this, like I don't want anyone except my own Raka my own neck. And then he said to me, You know nothing did this to me that this harm to me, except fasting. Do you come and meet the first two months if I couldn't handle fasting and Ramadan and

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When he said, I, you know, I don't have dates to feed 60 people and when the Prophet God dates and gave the dates to him and told them to go feed, he said to the Prophet, I don't know if anyone were on our mind household. And then the Prophet said take it to your household and feed your family.

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It showed that it really shows that the rules and expectations and punishments are meant for the terrorists not punishment, not maintained, fled this the suffering of people, but to deter them from Hong Kong.

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This is all clear right? Is there any confusion here, and this basically, is in sort of the medalla. You go like retargeting Java, and you find in the beginning of sort of an auto dealer, all of this spelled out, spelled out

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in detail.

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So there's, this should all be clear.

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Then innominate podemos FA Mati Atlantic fever, as long as the match will confer to makura it is sinful to have intercourse before expiration, and he must still expeed with the expiation mentioned above, meaning that expiation will not be compounded, increased, doubled or anything, it is the same exposure.

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Regardless of how many times he violated the rule,

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woman VA T. Moran welcome you, Catherine for confira to my head, whoever pronounces the heart against this wife multiple times without expiation will be liable for one expansion only.

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So he means the heart and the heart. And he had not exhibited here before the second the third car, they were overlap. And the reason why they overlap is that it's again meant for deterrence not for inflicting suffering.

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If you tell someone who made like five or six of them fast one whole year, before you touch your wife, it may be beyond.

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beyond his ability, yes.

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He would have to repeat. So if he made the car and then expiated, and made another car, he would have to explain it again. You know, kind of he keeps on doing this, and it's just not learning and then you just continue to escape.

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You know, during their time, it was a little bit easier, particularly for rich people because there were, you know, a lot of slaves to emancipate.

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So during those times, it was a little easier.

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And in fact, some of the scholars are saying

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that we should really since there are no slaves to emancipate anymore, we should really

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estimate the value of emancipating a slave and make but this is like new age to have that's like a new territory. Don't confuse yourself. You don't have to level at your stage at your phase, don't really venture too much into new which they have. Just read and learn the basics. And don't worry yourself with the new HDR, until it becomes established, common, you know, and everybody, skip the community of the scholars sort of accepts that you actually have, we're not saying that newtab is always bad. But we're not going to be chasing every news to have here and there. And we don't have the capacity of estimated, you know, so when a mountain they may have had all of these newest houses

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during his time, and he suffered a lot because of any artist

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who was not particularly about things to suffer after that, you know, certainly to make that fear on someone because of any artist he had when he has the capacity for making use the app is is horrific. But you know, to meet resistance, it is a good thing. Because we want to protect this thing. And we want anyone who ventures away from the established tradition, to prove his worth have to prove his point. And we want this to go through like a rigorous

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sort of process of verification. So that resistance is good and you have it's not always bad either.

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Don't be basically

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you don't basically sever the ties of friendship and brotherhood with you know the scholars are making us to have you should be settled respectful and so on, but you should not really be hasty

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in accepting in USD until it has been regularly progressively studied, investigated verify, and then of the community of the scholars who are not all the entirety of the scholars consensus is extremely hard to attain. But if like, if like a good portion of this the scholarly community accepted, then you actually have less case and those are good scholars who have priority and who have knowledge, then in this case, you may as a person of the public choose to follow that news.

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But anyway for our purpose, there is emancipation The next step is fasting. The next step is feeding. Now when someone comes to you and says I cannot fast you don't have them well, you look good. You know why you can Why can't you fast? You know, you're six foot two and you look pretty good to me. It's not your business. The Prophet did not really tell

00:31:28--> 00:31:51

you no. So what keeps you from September fast and company into the trouble in the first place? I can pretty fast picks up for him. It is between him and his board. He estimates his ability his capacity, and it is between him and his Lord. So you're you're not sort of a controller over people or a competitor.

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You just tell him that the third step is to feed 60 people.

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So

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the master will devise and it was much easier because there are a lot of slaves they have to and it was a good thing emancipating out speaking that speak

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but nowadays it is a little bit harder.

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And the good thing is it it is a little bit less common also, particularly in our environment. Not a lot of people are doing this

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so Amanda Donovan said environment he said he became an wacka wacka Farah to my hotel environment and I became a masala he confided to liquidity vida, if he pronounces the arrogance to all of his wives and one statement that he is required to expiate, once, if he pronounces out against his wives in separate statements, want to expiation would be required for each one of them.

00:32:48--> 00:32:49

That's clear.

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When I'm when I'm an MIT

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monitamon 70 have multiple lemmya Romo a foreigner took a fire at me, if he pronounces the heart against his slave woman or forbids her for himself or forbid something else that is permissible or of if the wife pronounces the heart against their husband or forbids him for self. He does not become forbidden the expansion for all that is like the expiation for the unfulfilled Goethe. What is the expiation for the unfulfilled those

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kind of harmonics are the Messiah came out of the nocturnal eco house this motorhome out and he recovered from that and he had this procedure.

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So to feed sick people,

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close them for emancipate the slave and if you can't find any of that, then you fast leaders that will be the basically the expiation for an unfulfilled though this is their

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Keep in mind, this is an unfulfilled oath. This is not a false one. What's the expiation for a false Yummy, yummy

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yummy was the expansion

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Yes, the expansion is repentance, there is no expansion, there is no exclusion, which tells you what

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that exhibition does not always mean he does not always is not congruent with the enormity of the sin or the size of the sin. Because false goals is much worse, much worse than an unfulfilled Oh, what does an unfulfilled told me?

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A lie. I will go to

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What are y'all go to

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For the next week,

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if someone says that

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I've not made them.

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So if someone says that and then he, he did not act on it, he failed to fulfill is he I mean, he needs to expiate. That's an unfulfilled dose. It's not such a big deal, right. But also say Amanda moves that will debut in the hellfire.

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zoo, it means old, is Kabir.

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No explanation, you just need 30 pounds.

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Yes,

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if you make an oath, say like, will lie in Florida, and you make the preparations, you're driving there halfway down, you never reach that destination, and then you go back

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whatever it is,

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but you never get that even though you make preparation, you're actually on your journey or on your way to fulfill whatever

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what happens is

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the same concept of fulfillment,

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I believed that it would be beyond your capacity. So you do not need to expiate

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because the profits or the loss of themselves than any other female I am dead.

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There is no value binding on the son of Adam concerning that which he has no control over or no position position of or does not possess or he does not have ownership capacity over.

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The explanation for the old unfulfilled dose is not by order except that he had fasting is the is not. So the first three ones. The first three options are alternative options, and then fasting is second in order. So because Allah says ms Hakim and also the multiple immune and legal how peaceful pero por que sua to

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taraka Oh, or Tammy welcome. And then alas it family Mia did whoever does not find the above procyon ferocity a been fasting for three days. So we have two steps here. The first three are alternative options, then fasting. So you could either feed closed, pour

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emancipate three options, if you can. venue fast. Yes.

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Know

00:38:04--> 00:38:17

that in terms of feeding or closing in fasting? Certainly, you do not fast unless you don't eat how you how you don't what was said thank you, because

00:38:19--> 00:38:31

current beliefs are among Muslims is that what is the expiation for for the unfulfilled those ferocity days that ever asked anyone any Muslim on the street? What's next? For prasanthi? There is no it's not

00:38:32--> 00:38:42

fasting for those who cannot afford to feed or to provide close to 10 poor individuals system

00:38:54--> 00:38:55

is fixable.

00:39:01--> 00:39:04

It's usually not mentioned

00:39:06--> 00:39:09

the opposite way. Yes.

00:39:12--> 00:39:15

Because Because in in

00:39:21--> 00:39:41

it is not always but yeah, yes. To some extent that there are many kabara that are much worse than the sins for which he expiate the neurons have an expiation, meaning that one of two things, either that expansion was meant for the terrorists, no.

00:39:44--> 00:39:47

Either expiation was meant for deterrence.

00:39:51--> 00:39:59

Or that when you can make those enormities you really want to you really need to repent and expiation

00:40:00--> 00:40:08

may not be sufficient or may take away from the fact that you have really committed an enormous sin.

00:40:11--> 00:40:17

There are certain things that are big, huge and require education, such as.

00:40:28--> 00:40:39

But, okay, so murder is a little controversial in my own position on this issue is that there is no expiation for Catholic

00:40:40--> 00:41:13

because for for intention and manslaughter, although that's a controversial issue, but this is my position because it has not been mentioned with a Catholic the harm has been only mentioned with a Catholic Fatah or accident and manslaughter. And in this case, it's not such a big deal. It's not, it's a big deal to kill somebody, but he did not really intended, you know, is sort of you're trying to shoot like a bird, and then he shot a man, but he they really intended, it was my mistake.

00:41:15--> 00:41:26

But the expansion here is meant for two reasons. One, is to make people liable, even further mistakes, which is to basically

00:41:28--> 00:41:55

sort of promote a sense of responsibility in the community up should be careful, watch out, because if you like run over somebody, you will have to pay the data for this person. So when you're driving, be careful when you're shooting, be good Watch out, make sure that there is no one in the facility, no human being in the facility. So it basically promotes a sense of responsibility in the community.

00:41:58--> 00:42:05

And it is also important for the compensation of the sort of the

00:42:07--> 00:42:31

the grieving family will or lost their loved one. So it is basically to make them up some some however, somewhat for their loss. So but in this case, it's not really big, you know that the example will be violating the sacredness of Ramadan by having intercourse during the day of Ramadan. This is like an enormity.

00:42:33--> 00:42:35

And there is an explanation for it.

00:42:37--> 00:42:48

But usually with explanations, they're lighter sales. So you don't have an explanation for an A but

00:42:49--> 00:42:57

you don't have an explanation for eating pork. And to some extent, it may be related to the fact that

00:43:01--> 00:43:05

people will not be deterred from these things by explosions

00:43:06--> 00:43:12

or people do not need a deterrent. Because the pole

00:43:13--> 00:43:19

the attraction of the sin itself is not huge.

00:43:21--> 00:43:24

wire that wire the 100 shows in the air

00:43:26--> 00:43:29

base basically to prevent us from

00:43:30--> 00:43:35

slipping game to those sins. This particular issues.

00:43:36--> 00:44:02

Are there bigger since then fornication and stealing? While the Prophet described the rebel to be greater, worse and fornication? Right. There are more there on the river. Sharon vincentian masala, Xena Sania, one Dirham that you devour one dam of river that you devour is worse than 36 X and four negation.

00:44:04--> 00:44:08

But there is no there is no heart then there is no expiation for River.

00:44:10--> 00:44:52

Why? Because people who commit this you know, okay, Reba, are people who have lack of religious commitment, lack of faith, lack of Deen. It's not like the attraction is so huge and I am trying to prevent you. Like some people who have been who have faith may fall into sin. We know that Sahaba some of the Sahaba did fall into sin. It is because the attraction is so big. So the even though you have faith, and even though you believe in Allah and His Messenger, and even though you may be pious,

00:44:54--> 00:44:59

the attraction is so huge. So I will build the wall between you and this attraction.

00:45:00--> 00:45:06

Your your basically your consideration of the consequences is the wall, the hub,

00:45:08--> 00:45:14

you know, so, I will build a wall to prevent you from, you know, slipping into this

00:45:16--> 00:45:47

or being pulled into this by the attraction of the sin versus eating poor is not that much attraction, you know, or river, there is really not that much attraction, you may say creed, but no it is it is not as sort of a spontaneous interaction like pulling in spontaneous interaction, it's like a calculated act. And if you don't have faith, or you don't have enough tap or water, then you're committed.

00:45:49--> 00:46:17

So that is the whole theory behind Hadoop, and Tafara. They're meant to be the tutorial. So, you will not find them to be congruent with the enormity of the sin, He will find them to be like walls or fences that were established to prevent people from getting into the intercept. So, why is their heart before

00:46:20--> 00:46:46

you know stealing because it is fast, quick acquisition of money. And that is there is an attraction here. It is quick acquisition of money. People have this tendency, however, is much more calculated than this it is it is different from the pool of you know sonica he quickly acquired money

00:46:48--> 00:46:54

why is there a hot before cuz we're accusing chase woman of fornication.

00:46:57--> 00:47:10

Yeah, so here there is no pulling force. But there is a pushing force, the anger. So the anger, you know, pushes you drives you to and instead of

00:47:12--> 00:47:31

instead of you falling into the center of positive path, Allah subhanaw taala built a wall for you. Keep in mind, if you say this, if you say to a man, here's some of what this would be where in a Muslim country that is an active cause.

00:47:33--> 00:47:34

You're going to be in trouble.

00:47:36--> 00:47:39

You're going to be flagged at times.

00:47:40--> 00:47:44

Just for saying amen. Like son of the P word. Yes.

00:47:49--> 00:47:50

The B word.

00:47:59--> 00:48:02

The B word means that she is not chaste.

00:48:11--> 00:48:19

Like I'm not quite sure guys, maybe you have like I don't speak English is not my first language as far as I know from reading and books a B word means something about

00:48:31--> 00:48:36

what we know I know but we have doesn't mean anything. linguistics does not mean any

00:48:38--> 00:48:53

customary usage customary usage of the people unhappy or fair, you have three different power three different implications, you have an unhappy customer idea

00:48:56--> 00:48:57

and this is one

00:49:00--> 00:49:03

you have a hockey cut or failure This is to

00:49:06--> 00:49:11

have a happy kalinova here and this is three

00:49:16--> 00:49:23

Happy New Year. It means the truth, but it means here in this context implication.

00:49:25--> 00:49:31

So three implications Shariah, which is the legal implication has the revelation

00:49:34--> 00:49:36

or fail which is the customary

00:49:37--> 00:49:44

for the norms of the people like the common usage by way of investing one

00:49:48--> 00:49:59

way is the linguistic one. So which one comes first this sorry. Shariah comes first and not always because it

00:50:00--> 00:50:04

This order is not always like this. Sure I have transparency on understanding

00:50:05--> 00:50:10

the shadow of the revelation. But when it comes to understanding people's talk,

00:50:12--> 00:50:56

or failure comes first, the customary one comes first. But anything that is in the book of a laurenson of His Messenger, how do you understand it first, if it is defined in the book of Allah and His Messenger, you take the definition from there, if it is not defined, you take it from people's customs, and customs, here are the customs at the time of the revelation. And if it is not defined by the customer, people during the time of the revelation, or it's not agreed upon, like the word Porter, for instance, now agreed upon the mean purity or the period between two parties or menstruation, then you look for the linguistic meanings. So you go by this order, and understanding

00:50:56--> 00:51:12

people's speech, you go buy a ticket or fail first customary usage and then caustic usage. So we pay very little attention to that plastic usage, as long as there is a customary usage of the word anyway.

00:51:14--> 00:51:43

But you understand the concept of the whole dude and Kapha you know, the legal punishment that designated legal punishments and the explosions, they are meant for the terrorists, they are meant to slow you down from falling into a particular set of sins and violations, where the attraction is huge. Where you as a human being, Allah knows you have a weakness concerning those issues.

00:51:44--> 00:51:45

Yes.

00:51:51--> 00:51:56

unfulfilling. And I heard this story, I don't know how accurate is this about?

00:51:58--> 00:52:33

When he couldn't fulfill an oath, the amount insisted that he fasts, three days instead of the time. And the reason was that it's far more easier for him to feed than miskeen. Not too fast for three days. So he wanted to teach him a lesson. So he made him choose the difficult task for him, which is fast and the three days, I don't know how this facet in terms of the feedback, are you allowed to do that or not? And my other question about the

00:52:35--> 00:53:03

How about the remove the consequences of the sin Aqua the simple app, I saw that attendance and everything I've spent, but like let's say for the labor is to return the labor money or for the sacrifice to return the money? And how If you cannot find the person? Is there the concept of removing the consequences of the simple app?

00:53:06--> 00:53:07

Okay, sorry, I forgot the first one.

00:53:11--> 00:53:12

Okay.

00:53:19--> 00:53:20

Spanish?

00:53:22--> 00:53:25

Yeah, it was like an Andalus here. Like,

00:53:26--> 00:53:46

yeah, it was like an anvil Lucien came. And one of the Maliki scholars, you know, figured that if I told them to emancipate, he is very easy for him to emancipate and feed and so to make it harder on him, he told them to fast three days.

00:53:48--> 00:53:52

But once again, you know, that is

00:53:55--> 00:54:02

that is not has not been approved by the scholars afterwards. Because the said even though because we can be

00:54:03--> 00:54:21

we can do that much the server fee, the fee, we can have that much liberty, concerning the text of Revelation, the text, the revelation said this, this or this, and if you don't find this, so you can't really jump from one to two.

00:54:22--> 00:54:51

Based on reasoning, because that this Connor said, who knows maybe Allah would love more the emancipation of slaves than him fast in three days. That is why Allah made it first and made the fast thing even though he's a king, but ally, you know, my main love for him this pill emancipate anyone. And that's what I believe. I mean, you know, and that is basically the common belief.

00:54:53--> 00:54:59

The scholars have not approved of this pathway. Yes. The second question, were regarding the

00:55:00--> 00:55:02

Heard regarding dude.

00:55:04--> 00:55:17

Yes, you have to return the rights of people, the people to the people, but any can be awry you have to make that but from the Kabira if you want to be forgiven, certainly Allah forgives all things except for share.

00:55:19--> 00:55:56

If If you have not repented, but if you repented from circle of relatives not to. But if you have not repented, then a lot of would still could still forgive all things. But you don't have any guarantees that you will be forgiven for the Tibet, you would have the guarantee if you made a sincere about Obama. So if he made a sincere thought that he should hasten to making Taliban, he should certainly return the rights of the people to them. Before I finished, he mentioned here, if he pronounces the organist is a woman or for better for himself and so on. You read my appendix on slavery.

00:55:57--> 00:56:00

Anyone who did not you need to read

00:56:01--> 00:56:03

the appendix and then please read it.

00:56:05--> 00:56:13

Because it because the way we approach this issue is incomplete, or a little bit flat.

00:56:14--> 00:56:33

That way, when we approach this issue, we're always jumping to how nicely snakes are treated by Islam and Muslims. This may infer to people that we are sort of calling for a comeback.

00:56:34--> 00:56:44

And if you, if you consider ice, like what ISIS is doing nowadays, taking slaves all over the place in Iraq and Syria,

00:56:49--> 00:56:55

it would not be acceptable, that you are enough that you don't be that you're not

00:56:57--> 00:56:59

cognizant of the circumstances.

00:57:00--> 00:57:02

And you're allowed sense that the current reality.

00:57:03--> 00:57:25

So you really have to begin by talking about this the in a matter of historical in theological relevance, not legal or practical relevance, because all of the countries have already signed agreements, to abolish slavery, I mean, the word captives, those agreements are binding.

00:57:27--> 00:57:32

We are bound by our covenants, the either the nominal formula,

00:57:33--> 00:57:54

or you believe from failure covenants were the first people Muslims or in Muslim countries should be the first people to honor their provenance. breaching these agreements, is not only a violation of international law, but firstly, it is a violation of the Divine Law.

00:57:56--> 00:58:05

It's clear. So when you when you breach these agreements, you're fighting to define law and international law. you're violating both.

00:58:07--> 00:58:08

But

00:58:09--> 00:58:12

you know, as a Muslim, you should even be more

00:58:16--> 00:58:25

considerate of the Divine Law. That does not mean that you're not considered of international law, it just means that you're more considerate of the fine line, you're violating both of you that

00:58:28--> 00:58:35

Okay, that's it, we'll stop for a break, right? And then we'll come back in seven months or so.

00:58:46--> 00:58:55

By the way, you know what, we are actually ahead of ourselves. So are we, we said, we said like,

00:58:56--> 00:59:00

two weeks ago, he said that we have eight more weeks. So supposedly we have

00:59:02--> 00:59:09

five more weeks to finish. We will finish in three more weeks.

00:59:11--> 00:59:18

But we may take one or two more weeks to go through some additional information

00:59:20--> 00:59:24

but we're ready with we'll finish the family and three more weeks and

00:59:28--> 00:59:35

I know you said next we're gonna do the inner dimensions of the salon. But if somebody who learned the other book

00:59:40--> 00:59:41

what should we learn after

00:59:43--> 00:59:53

the voice in there? What should be the next Okay, so so after the book of salon, we want to go back to Philip. And this is not because you know, I don't

00:59:56--> 00:59:59

it is. It is basically something that was made.

01:00:00--> 01:00:04

coupled to me, so I like to teach, because I like it

01:00:05--> 01:00:35

not sort of take away from the importance of any other discipline. So what after we go through, we will take breaks in between every, like fat course, breaks on the scale arise, we will not really venture out to like we're not going to be stuck. Don't expect that we will be studying a course on car, not my forte, not something that I do with a lot of people do this much better.

01:00:36--> 01:00:46

So we will be effective escape escape after this game. And that's it. And then you learn other things from other people.

01:00:47--> 01:00:48

But

01:00:49--> 01:01:13

the next will be either the effect of transactions for the sake of worship for us. Whenever you will be choosing a traveler we will send you an like an email to choose the form of worship or type of transactions for conversion would be the Swansea Swansea housings account, and click of transactions will be all of the

01:01:15--> 01:01:16

money related issues.

01:01:19--> 01:01:23

So whichever will be next, the other one would be the following. And

01:01:25--> 01:01:26

after our course on this,

01:01:27--> 01:01:28

and then

01:01:29--> 01:01:40

for someone who had already studied the fact of worship, in fact of transactions here, and next, in fact, will be the fact of judicial judiciary, or Alon who didn't have

01:01:41--> 01:01:42

to do so.

01:01:44--> 01:01:48

You know, rulings and penalties, and so on.

01:01:49--> 01:01:52

And after you're done with this,

01:01:54--> 01:02:05

then you go back and do it all over again. Because you need to do it so many times before. First time you read a book you if you're very good than if you're reading.

01:02:06--> 01:02:09

If you if you're thorough and

01:02:11--> 01:02:14

attentive and retentive,

01:02:15--> 01:02:20

you will retain about 25% of the book. If you're really good.

01:02:22--> 01:02:23

You know, that's right.

01:02:27--> 01:02:28

Yeah.

01:02:29--> 01:02:30

Yeah, check it out.

01:02:34--> 01:02:38

So how many times do you need to read the book to get the 100%?

01:02:45--> 01:03:05

Each time each time? No, not? It doesn't go? No, it's not like this. It's not additive. Okay, there's basically incremental, so it does. The second time after you read it the second time, you may end up with somewhere around 40%.

01:03:07--> 01:03:24

And third time, you may end up with somewhere around 50%, and so on. And then it's like 55 and 60. And then sort of it slows down. Because there is, you know, it's more and more so.

01:03:25--> 01:03:39

So the easier things to retain, you have already retained them before. And the harder concepts you know, I'm reading between the lines here 100% of the book was one of the scholar said either up here, the oven iterated 40 times.

01:03:40--> 01:03:47

Usually the scholars use the number for the just sort of

01:03:52--> 01:04:08

numbers have not been used precisely. In the time of the Prophet Salaam Salaam numbers used to reflect sort of, like an amount, not the precise number for the use to be folly.

01:04:09--> 01:04:12

It is like a concept.

01:04:13--> 01:04:27

So in the perception of the audience, for me, meant something much bigger than seven, right? So there were certain, you know, catchy numbers that you find them their

01:04:28--> 01:04:41

speech in the province of allowance. So seven, you know, 40 7100 500 700.

01:04:42--> 01:04:56

Right. These are the numbers. They used to mean certain things to the Arab audience, and the scholars would use the numbers likewise also. So when you say for the sake for an ad do not mean 39 plus one.

01:04:58--> 01:04:59

They just mean

01:05:02--> 01:05:09

So many times, the neighborhood for me, anyway, the next book is the book of the art of mutual edification of curses

01:05:12--> 01:05:13

means what fairs.

01:05:20--> 01:05:23

Leon is from

01:05:30--> 01:05:33

the indicator mutuality

01:05:35--> 01:05:41

found this this type of weapon or form

01:05:42--> 01:05:49

of the verb, the indicate mutuality, reciprocation exchange

01:05:51--> 01:06:11

between two people solely I'm here with indicate what mutual invocation of curses however, you are not keep in mind, you're not cursing the other person, you're cursing yourself. You're sort of invoking that curse on yourself if you were a liar.

01:06:13--> 01:06:23

So if, if I where am I or May the curse. And so that is what what the icon here means. And everybody, everyone is doing this.

01:06:24--> 01:06:46

So in the introduction here, I said that the Army's mutual application of curses. It's also translated as public implication, by the way. And the context of this chapter, it is application of curses upon oneself as a prescribed the legal procedure. This procedure was prescribed to resolve the dilemma that arises when a man sees his wife committing adultery.

01:06:48--> 01:06:51

If you see any other woman committing adultery, what do you do,

01:06:55--> 01:07:03

should advise them to stop. And then just walk away if you want to find three other witnesses and quickly bring them

01:07:05--> 01:07:07

otherwise, if he talks about it, you'll be flying.

01:07:09--> 01:07:16

And then even if you have two more witnesses, if you're three people, and you saw everything, and you go and sort of

01:07:18--> 01:07:41

sort of press charges against them or something, he will end up being plugged all three of you, unless you have the fourth one. And if someone recanted before or, you know, someone, refrain from testifying, you know, and you are four or you are five, and to refrain from testifying, three will be

01:07:42--> 01:07:44

very complicated thing,

01:07:45--> 01:08:07

which tells you again that this punishment was made for returns. It was not ever reported that during a time of the chromosome seven or the Sahaba, a single person was punished for fornication or adultery. On the basis of the testimony of four witnesses. It is almost

01:08:10--> 01:08:11

inconceivable.

01:08:12--> 01:08:18

When is it? When is it imaginable? Like if you're doing it in public, if you're doing

01:08:20--> 01:08:20

if you're doing

01:08:22--> 01:08:24

video, Kevin, I will not count I

01:08:25--> 01:08:26

would not count.

01:08:27--> 01:08:31

You have to have seen him not seeing like

01:08:33--> 01:08:34

a video of

01:08:41--> 01:08:56

does not count to establish your heart. In his lab, pictures and video recordings would not count establish your heart, if you have not have not seen it by your own eyes live

01:08:57--> 01:09:12

will not count. So it is a it is possible only if you're doing it in the street, if you're doing it in groups, where there are a lot of people and then they decided to testify against themselves.

01:09:15--> 01:09:36

But but certainly that would be a deterrent for people from doing these things in public because that affects the entire community like the morality of the community. But if people are doing this in private that is extremely hard to establish. So then there was the punishment for fornication ever

01:09:37--> 01:09:46

carried out during the time of the province was wrong? Yes. Because people came and confessed. That's the only way this can be established.

01:09:47--> 01:09:55

Anyway, but so this man sees his wife committing adultery is extremely hard for a man particularly

01:09:57--> 01:09:59

warm blooded and I'm not the sort of

01:10:00--> 01:10:03

Trying to be better. I think it is hard for any man.

01:10:05--> 01:10:22

It is a heart and it's hard for a man to go out and seek witnesses. And it is hard for a man also just keep it in his chest. Like it's so much alive. So last time I gave my husband's way out of this, the process of the hire.

01:10:24--> 01:10:38

But I also wanted that to be to deter people from doing it and do it unwarranted Lee, so it is public. And it is also hard for a man to come out in public and say, so my wife committing adultery

01:10:39--> 01:10:42

so that, that the terrorist people from doing it.

01:10:44--> 01:10:49

And in this case, if he just divorces her and ends the saga, that would be good.

01:10:51--> 01:11:15

But sometimes also, she may bear a child that he knows that he had seen her committing adultery, and he knows that this child does not look like it could be from him. And it may be difficult for him to accept and sort of live with agony and pain. So that is the process of the higher or the public invocation. Public neutral invocation of curses

01:11:16--> 01:11:17

could be more

01:11:23--> 01:11:24

or less, just

01:11:27--> 01:11:30

because you go out in public, you get the witnesses

01:11:32--> 01:11:33

is still

01:11:35--> 01:11:58

it is going to be painful, there is no, there is no doubt about it. And there's not much that can can be done after the fact to sort of take away the pain, but it is somewhat cannabis. So it was a matter of damage control at this time. And in case of damage control, then the process of the iron would be the wisest thing to do.

01:11:59--> 01:12:02

So when the man came to the Prophet sallallahu sallam,

01:12:03--> 01:12:27

you know the story of Elijah, normally, I'm sure you can assign that, when the man came to the Prophet sallallahu Salah, and said to the Prophet, Maya, that I saw my wife committing adultery and the Prophet sallallahu Sallam said to him, establish the proof for witnesses, or you will be whipped, flood. And he said to the Prophet, one of our sees his wife,

01:12:29--> 01:12:34

a man on top of his wife, and goes out to establish a proof to find like, people to testify.

01:12:36--> 01:12:45

And then the Prophet said to him, I, I don't, so the problem was on here, was acting in the capacity of a messenger, he doesn't make the law.

01:12:46--> 01:13:07

You know, the law came gradually from Allah subhanaw taala. And the Prophet cannot really know the unseen, he does not, there was no law concerning special law concerning the husband. So Prophet said, you will be flagged, and then the amount of loss of pinata when, you know,

01:13:09--> 01:13:20

find me an exit out of this and the revelation came with the exit for this manner, the prophet invited them and told them the entrepreneur Todd had granted you an exit

01:13:22--> 01:13:55

was prescribed at this time. Now, Leon was not like a sort of an Islamic invention, and has been prescribed in the Old Testament. So the iron is, has been previously prescribed by the island, the Old Testament is a little bit different from the iron in the Quran, than in the Old Testament. And you can review this and numbers 511 to 573, numbers 511 to 533.

01:13:56--> 01:14:10

The whole process of that, yeah, and in the Old Testament, included uncovering the hair of the woman making her drink the water of the curd, the cursed water, and, you know, a process that was

01:14:12--> 01:14:59

I would think, harsher harder on the woman than here in hand, she would kneel down and stuff like this. So they are here and the program does not add. It is pretty equitable. So the man takes the five goals first. For that he saw her committed adultery, and the fifth that made you know the curses of a lobby on me if I were a liar. And then after you have taken those five rules, he's acquitted from keep in mind both of them are trial defendants in this case because he is acquitted from

01:15:00--> 01:15:11

Cause, which was accusing a Chinese woman of fornication by taking those five holes, and he will also be guaranteed guaranteed What?

01:15:13--> 01:15:20

denial of paternity. In this case, if there was a child with us, denied

01:15:22--> 01:15:42

his five oaths, what not establish that the the conviction? Absolutely not, after he has taken them, she will take her own five holes, the first four that she has not done it, and the last, or the fifth major applications, medical center the lobby on the order line.

01:15:45--> 01:15:49

So in this case, if she takes the five holes,

01:15:50--> 01:15:53

then they will be separated

01:15:54--> 01:15:57

according to the stronger position and never to reunite again.

01:15:58--> 01:16:17

And the child will not be attributed to the Father, but she will not be accused of anything, and she will not be liable for anything. It's just that it will mean separation and denial of paternity. If you refuse to take those.

01:16:19--> 01:16:29

No, then then then she will be liable. Then she the conviction will be established, she will have to take notes. Yes. Yes.

01:16:31--> 01:16:32

Flooding public

01:16:34--> 01:16:41

and public. The second question, and I know I've always read this, but I have my own my own interpretation, but

01:16:45--> 01:16:46

the man says that

01:16:48--> 01:16:49

he's involved.

01:16:51--> 01:16:51

But when

01:17:04--> 01:17:15

you get conflicting interpretations here, my own interpretation is that vada is less than Lana, that Lana is worse than other. So

01:17:21--> 01:17:23

Ilana is sort of more

01:17:24--> 01:17:33

it's more permanent, more binding is greater to be cursed by a law versus to deserve the anger of Allah.

01:17:36--> 01:17:40

And the reason why Lana was mentioned in the case of the man, yes.

01:17:45--> 01:17:46

No,

01:17:53--> 01:18:00

no, there is no tougher there is no expansion. So the learner may be the

01:18:01--> 01:18:11

reason I mentioned Alanna, in the case of the man is that if he's a liar, then he's accusing his wife of a crime, she did not commit crimes really big.

01:18:13--> 01:18:26

If she is a liar, then she committed a big crime. But again, at the same time, it is very hard for a woman to admit to, you know, adultery in public. So

01:18:33--> 01:18:33

it's not in the street.

01:18:37--> 01:18:38

Something you should

01:18:41--> 01:18:47

know you don't do it with everyone. But you will do it with some people or, you know, in the courtroom

01:18:48--> 01:18:55

in front of the hacker, yes. So back up here is less than the lambda because of the circumstances

01:18:56--> 01:19:05

that it is very hard for the woman to say the truth in this particular scenario. Yes.

01:19:20--> 01:19:20

So

01:19:21--> 01:19:22

in addition to

01:19:25--> 01:19:42

cheese in Vulcan cup upon herself, he invoked avellana on himself, if he were a liar, and then when, when her turn came, she said, Hi, I know that she said that I have not done this.

01:19:45--> 01:19:55

And he is lying. She's saying that he's lying four times with photos. And the fifth one, may the anger of Allah be upon me if I were alive.

01:19:56--> 01:19:57

She's saying this.

01:19:58--> 01:20:00

Yes. Could it be that he's getting

01:20:00--> 01:20:02

In the land because reverse robots.

01:20:03--> 01:20:03

So the law

01:20:08--> 01:20:19

is lined, that they're first for accusing the chase woman and baby possible because she's hiding the truth that she gets. And multiple Guardian are the ones who know the truth and hiding.

01:20:24--> 01:20:25

Yeah.

01:20:26--> 01:20:49

Again which one is which one is worse about our problem at the end of the day louder maybe is worse than the other although you will get conflicting interpretations here. But Ivana is worse than and in these circumstances, you will expect to that he has committed a bigger enormity by accusing his wife of adultery

01:20:51--> 01:20:53

than if she

01:20:54--> 01:21:01

basically felt too weak or too ashamed to say the truth in front of the router.

01:21:04--> 01:21:27

So, in order for them said if a Colorado would better gotten hotter and hotter and hotter regionalism and have the LMU lie in America accused in his adult saying free and chaste woman, Muslim wife of adultery, then he is subject to the prescribed hard punishment if he does not go through the iron or mutual invocation of curses last public implication.

01:21:33--> 01:21:41

So in sort of the Norio will have the read the first page of swords nor it will spit out all of the procedure for you

01:21:43--> 01:21:45

when cannons and may have an homage and follow him as he or

01:21:48--> 01:22:25

she were a slave woman or the mayor, and he is subject to the discretionary punishment as he if he does not go through the iron or mutual invocation of curses, and she Sue's her. So the two conditions here, if he does not go through there are and she sues him, then he will have will be punished. Zero punishment, discretionary punishment, which is not hard, then you may say, so why is the distinction between the slave for the non Muslim woman and the free Muslim, a woman in this case,

01:22:28--> 01:22:32

because obligations come hand in hand with responsibilities.

01:22:34--> 01:22:38

The slave woman if she commits adultery, she gets half of the punishment of the free woman right.

01:22:41--> 01:22:50

So her accuser does not get the full punishment of the accuser, three woman she's given half of the punishment.

01:22:51--> 01:23:03

Likewise, the venue woman, which is the peaceful, like sort of contracted, non Muslim woman living in a Muslim country, married to a Muslim man.

01:23:05--> 01:23:14

She is not bound by Islamic laws, she's not sort of subject to Islamic punishments. Therefore,

01:23:15--> 01:23:24

her accuser is does not get the full punishment. But keep in mind that discretionary punishment could be very close to the heart.

01:23:26--> 01:23:55

And it is within the discretion of the judge or the ruler to determine what that discretionary punishment would be. And if it could be very deterring could be close to the heart. Certainly the discretionary punishment within the same category of the heart within the same you know, category will not be like the heart equal to the heart will be short of the heart, but could be very close to sort of provide enough deterrence. Yes.

01:23:58--> 01:24:01

out that the slaves they have half of the punishment.

01:24:05--> 01:24:07

So, until that, so what's to have

01:24:10--> 01:24:11

struggled with that

01:24:12--> 01:24:13

same thing with stealing same thing you know?

01:24:24--> 01:24:33

If it is not after, then you look for the next the next car. So you know, adultery, the heart for adultery is

01:24:35--> 01:24:35

this

01:24:37--> 01:24:47

the hub for fornication is 100. You've been flagged 100 times, but for adultery in his death, so what would be half of this?

01:24:52--> 01:24:53

So you look for the next hot

01:24:55--> 01:24:56

van

01:25:03--> 01:25:04

No There must

01:25:06--> 01:25:08

have been probably who knows from now on I'm still not even alive yet.

01:25:12--> 01:25:15

So they will not be treated exactly like a masala

01:25:28--> 01:25:28

Yes.

01:25:30--> 01:25:31

Yes.

01:25:33--> 01:25:35

They become awesome.

01:25:41--> 01:26:23

So the next point here is while there aren't any other than hacking, okay, so he will basically describe the app and sort of the North Leon visual indication as to say in front of the ruler of his poor his agent type or witness Viola that I am truthful and accusation of my wife with adultery, while pointing at her, if she was not present, he mentions her full name, before the fifth house, he should be stopped, and it should be set to him fear Allah for it is binding, meaning the punishment of allowing the binding for the law will be binding if you proceed, and the tournament of his of this life is easier than the tournament of the hereafter. If he insisted to proceed, then he would

01:26:23--> 01:27:10

say, may the characters of Allah be upon me if I am lying concerning the adultery, accusing my wife off then in a demo site, but it would refer to the punishment for her if she bears witness four times with an oath by law that he, her husband is telling a lie concerning the adultery, he's accusing her off, then she will be stopped before the fifth and deterred from it like the man then if she insisted to proceed, she must invoke that Wrath of Allah on herself if he or her accuser is telling the truth concerning her accusation of adultery and that is the whole process and it is basically just a repetition of what the law said at the beginning of Serato nor except that she will

01:27:10--> 01:27:14

be stopped and he will be stopped and told it is binding that comes from the sooner

01:27:16--> 01:27:17

consequences of AI.

01:27:19--> 01:27:43

So my poodle hakima pet for activate Akuma Fatah Margarita even my brother to judge Should I then say I separate between you and by this she becomes indefinitely unmanageable to him when carabiner Humala alpha interferon who so everyone can Hamlet I don't know. rudan melomakarona karabi How would you determine who murdered Raja problema hibino Omar and Raja

01:27:44--> 01:27:45

Raja

01:27:46--> 01:27:51

Raja Raja who antifoaming already have proper saga, Susana beta mahalo, Hakuna Matata bit

01:27:52--> 01:28:33

if okay. So, the judge should even say it's a great between you and by this she becomes a definitely an marriageable to him, have they have a child and he denied his paternity, then he is not or he or she the child has not attributed to him, whether he is still in the womb or was already born. This is in case he has not previously acknowledged is acknowledged as paternity. This is because of abnormalities in the relation to the man went through the iron against his wife and denied the paternity of her child. So, the Messenger of Allah separated between them and attributed the child to his mother and this is agreed upon

01:28:40--> 01:28:45

this will be considered fast. So she will have to do one only

01:28:50--> 01:28:53

then in this case, so.

01:28:57--> 01:28:58

Okay,

01:28:59--> 01:29:03

the role of DNA testing in this whole issue, you know,

01:29:08--> 01:29:10

it is my belief.

01:29:11--> 01:29:22

And I should be fair, I've applied this to myself, he should not really take my position because it's the lease of terror, sort of not esoteric, but it is it is still not

01:29:25--> 01:29:28

commonly accepted. Although I got

01:29:29--> 01:29:33

you know, some positive feedback from some scholars, but it is not,

01:29:34--> 01:29:39

you know, kind of fair they have like this particular ruling where, when

01:29:41--> 01:29:57

feva Tao in the in the chapter of claims making claims when people make false claims a lot of people make false claims about a particular issue, then it is permitted for the judge to refuse hearing the claim

01:29:59--> 01:29:59

hearing

01:30:00--> 01:30:05

To begin with, in this case, I suggest that

01:30:07--> 01:30:09

if a man comes in to make the line,

01:30:10--> 01:30:25

and this line is about the ninth paternity Keep in mind, there are two types of lines. So we're not saying that we're doing away with the dad, there are two types of die. There's the after the nine paternity, and there is the option to accuse your wife of adultery.

01:30:26--> 01:30:47

Right, because not every time she was about three to get pregnant. So if you abuse your wife of adultery, you go through that, to establish that accusation. But if you're making that onto the nine paternity, then I suggest that we force everybody who wants to go through who they are to have a DNA test

01:30:49--> 01:30:57

tested by dna putter prior to now, the DNA paternity testing shows that this child is not is

01:30:59--> 01:31:04

is not is then he will have to go through the arm to deny the child.

01:31:08--> 01:31:57

Because DNA paternity testing, because the Sharia wants to establish paternity, just on the basis of the legitimate Partnership, which is called for us legitimate partnership for us means bed, together marriage, the legitimate partnership, profits have been what I would encourage, the boy would be attributed or the child will be attributed to the legitimate partner to the one who has legitimate partnership with a woman, the one who owns the garage, the better marriage, okay. So in this case, he will have to go through and are either on to deny, so that the fact that that that paternity test says that this child was not this will not be sufficient to deny that child's paternity

01:31:58--> 01:32:03

if the DNA testing, which is 99.999% accurate,

01:32:04--> 01:32:11

particularly if it is done in sort of blind

01:32:12--> 01:32:33

labs, where two or three different blinded labs, like each one of them is blind from the results of the other lab. And the agree is about 100% accurate in certain cases. And in other cases, it's 99.999% accurate, it's extremely accurate. So in this case, if you're here, you have certainty

01:32:35--> 01:32:54

that this cloud is biologically from him, then he is the husband, he is the ultimate partner. So in this case, it is very reasonable for the court to refuse that hearing the Dow or the claim port, going through the process of

01:32:56--> 01:32:59

this is not commonly accepted. Therefore,

01:33:00--> 01:33:08

just know that it is out there. And it's being discussed, but don't trade yet sort of accepted yourself.

01:33:09--> 01:33:28

I accept that because I I sort of looked into the matter and this is my conviction, but you should not accept it just because I told you about it or because I accept it. But it is out there and it's being discussed. And there's there are some scholars that seem to be in agreement with

01:33:30--> 01:33:49

what we weren't able to get through amda is the following. This is the understatement and this has been basically under statements but declarations of family of these are issues that have been discussed by 30 plus scholars you know, you know mostly tier one scholars

01:33:51--> 01:34:01

Haiti was present issue Homer Solomon an entrepreneur was present she was present Schiff other fantastic reasons present common sense and it settles

01:34:04--> 01:34:07

in Oh, look at very shaken holographic toss, man.

01:34:09--> 01:34:12

And these are really big names, by the way, really big names.

01:34:13--> 01:34:17

So it so this is what we got through through this car.

01:34:19--> 01:34:45

Meeting, it's permissible, it's impermissible. In this statement, it is impermissible shehryar to depend on DNA to deny paternity. It is also impermissible to give it precedence over the iron. However, DNA can be used as a corroborative proof to support the husband's demand for the iron horn it could indicate other than his claim and thereby dissuade him from the iron

01:34:47--> 01:34:51

or sort of, but it still felt shy from saying

01:34:53--> 01:34:59

that he cannot go through the iron if it does prove them if it proved them wrong. That Angela did not go as far as that

01:35:00--> 01:35:07

This is my own belief that if DNA testing prove them wrong, that we will not hear him making the iron

01:35:08--> 01:35:18

about the denial of paternity, we will still allow him to make the iron about adultery if he wants to make

01:35:19--> 01:35:30

but we should not allow him to deny the paternity of the child when he is the husband. And biologically he is the father.

01:35:32--> 01:35:35

Okay, then, yes.

01:35:40--> 01:35:43

conditions on these are the results of the DNA.

01:35:47--> 01:35:57

Because when you see it, it is 99% correct. That is yes, provided that there is no intertribal marriages that there is no intensive, because in some cultures,

01:35:58--> 01:36:17

there's a lot of tribal into marriage? Oh, absolutely not. If If she slept with his brother, it's still 100% correct. As far as father and child relationship that 99.99% is when you get like DNA from two brothers and it basically

01:36:19--> 01:36:31

sort of looking into their brotherhood, but between father and the child, this is 100% reliable except for the possibility of human error,

01:36:32--> 01:36:58

clerical error lab error. And in this case, you get you could say that we will accept the results unless we get consistent results from two different labs blind. So we will send this the sample to two different labs, they don't know about each other. And then we wait for the results. If the results are consistent.

01:37:00--> 01:37:01

This is certainty

01:37:03--> 01:37:05

the DNA testing is

01:37:06--> 01:37:09

is a matter of certainty provided

01:37:11--> 01:37:12

provided

01:37:14--> 01:37:15

they're not identical twins,

01:37:16--> 01:37:17

the Father and the Son,

01:37:21--> 01:37:22

husband and the

01:37:24--> 01:37:28

right. Absolutely not. Even if in identical twins,

01:37:29--> 01:37:31

even if she slept with his identical twin?

01:37:33--> 01:37:39

Absolutely not. It is that 100% between the Father and the Son

01:37:42--> 01:37:46

because identical twins don't have the exact genetic copy of each other they do

01:37:48--> 01:37:48

the

01:37:49--> 01:37:49

things

01:37:51--> 01:37:53

that will be detected on the genetic testing.

01:38:00--> 01:38:03

Okay, I don't know if they do more than PCR.

01:38:04--> 01:38:12

But that has been also said you know, so, the studies that came out that k factor in the identical twin issue

01:38:14--> 01:38:15

they must be doing something

01:38:22--> 01:38:23

DNA legally

01:38:24--> 01:38:26

they probably are probably doing that.

01:38:27--> 01:38:31

Because Yeah, because they are factoring in the identical twin issue.

01:38:34--> 01:38:38

But I am saying that there is this possibility of human error.

01:38:42--> 01:38:44

And that is why he sort of

01:38:47--> 01:38:53

require the is done, it's repeated, reproduce reproducible.

01:38:55--> 01:38:56

Then

01:38:57--> 01:38:58

in Ave podemos,

01:38:59--> 01:39:08

when the miracle encounter who men who Mr. Antony the metropolia Parliament's international month, what he brought to the economy was onken esteem our

01:39:10--> 01:39:33

misery commando doing a history soon enough, say our booth, laminate hub. So you said it was not if it was not possible that the child is his such as when his slave woman gives birth before six months, from the time he had intercourse with her or his wife gives birth in less than that period. From the time it was possible for them to be together.

01:39:34--> 01:39:53

What if he could not possibly be a father such as one who is younger than 10 years, or who is castrated or who underwent connect to me? Then that child will not be attributed to him. He won't have like a physical proof that I can either the father

01:39:57--> 01:40:00

all of this is okay. Just

01:40:00--> 01:40:01

Pregnancy before six months.

01:40:03--> 01:40:08

And actually in amda, it did actually indicate that

01:40:10--> 01:40:48

under family code article 105, the minimum duration of a pregnancy is six months. And experts must be consulted for less than that. And its maximum duration is legally a full lunar year. So experts must be consulted meaning that in the rare scenario of having a premature child that is less than six months of gestational age, then we will listen to the experts, because they say yes, she gives birth to a child after five months, we will not say that this is not our child, we will tell him your baby was born prematurely.

01:40:50--> 01:40:51

So he will not be able to.

01:40:52--> 01:41:01

If it was impossible that the child has his he does not need to go through the aisle to deny the child because there is physical material evidence the child does not is.

01:41:06--> 01:41:23

And that even further confirms my point about the physical material evidence that the frosh, the fact that he is the legitimate partner is not the only thing that we look at. In all of these scenarios. He is the legitimate partner.

01:41:24--> 01:41:25

But he's saying that

01:41:27--> 01:41:29

that's not possible physically.

01:41:31--> 01:41:32

To be to be the father.

01:41:45--> 01:41:45

No,

01:41:47--> 01:41:53

they would have to be separated in Leon, whether it is accused of adultery or to deny a child

01:41:54--> 01:42:02

the consequences of the iron will be permanent separation between them regardless of what kind of learn he is going through.

01:42:08--> 01:42:09

risk.

01:42:10--> 01:42:10

She gets

01:42:11--> 01:42:17

charged for six months, and because of mistake,

01:42:18--> 01:42:19

she she did not pay

01:42:20--> 01:42:25

enough. So why would he stay with her and just denied

01:42:30--> 01:42:32

this case, in other

01:42:35--> 01:42:37

words, he just denied this kid that

01:42:39--> 01:42:41

this child will not be his.

01:42:46--> 01:42:55

Otherwise, if he denied if he denied the paternity of a child and there is physical evidence that he is the father of the child, he does not need to make her

01:43:02--> 01:43:05

if she did if he did not go through Leon No. Yes.

01:43:07--> 01:43:09

Yeah, she could stay with him.

01:43:10--> 01:43:12

If he did not go through now, yes.

01:43:14--> 01:43:19

He testifies that he saw her with his own eyes.

01:43:21--> 01:43:21

On top of

01:43:22--> 01:43:30

this is something has nothing to do with the paternity of a child. But But if, if he

01:43:33--> 01:43:34

if Okay.

01:43:36--> 01:43:53

Well, that's a little bit of a controversy here. If someone did not see his wife committing adultery and then he he is sure that the child does not is can he be an item of the of the child through the iron as controversial, some of the scholars said yes. And some of the scholars said no,

01:43:57--> 01:44:02

it appears that unless you have seen it, he should not you should not be going through there.

01:44:04--> 01:44:16

Because the prophet SAW someone came and said something to the man who doubted the child on the basis of the similarity of physical features. Laila, whereas our

01:44:17--> 01:44:20

like, I mean, a bit Do you have a bit

01:44:21--> 01:44:30

or tucanos? He said, Yes, madam. Madam. Carla Homer calophyllum in our up Carla better.

01:44:32--> 01:44:35

From about two kilometers or

01:44:40--> 01:44:55

so he said, Do you have camels? He said, Yes. Our car guy he said dread. He said, Is any one of them dusty? You know, our up is the camera that is has like a dusty cover.

01:44:58--> 01:45:00

He said yes. He said so. What

01:45:00--> 01:45:04

With that, he said lambdas are, may be,

01:45:05--> 01:45:35

it is a distant, sort of in our language will be a distant gene, the immense distant ancestor. But he got this from a distant ancestor, because all of us like to our children of Adam, so eventually if you follow our genetic code, it goes to one person. So maybe a distant ancestor made him look like this dusty, despite the fact that all of his family members are grant camels.

01:45:36--> 01:45:42

And then the profits are pointed out to the man that why are you not applying the same parable to your kid?

01:45:43--> 01:45:59

Maybe he also got it from a distant relative, it could be like five or six or eight or 10 generations, far, some distant relatives. So for us, it would be like a distant gene coming, trickling down

01:46:00--> 01:46:09

anyway, so that this similarity of physical features should not be sufficient for you to deny the paternity of your child.

01:46:13--> 01:46:22

The last subsection is given the premises either First we'll try to read and write up feet or in our head and be sure what the original entry should

01:46:25--> 01:46:32

be in our NASA medulin NASA land orielle perfetta Muhammad?

01:46:33--> 01:46:38

How to be Hema for all hippy man and Hakuna in Hama

01:46:39--> 01:46:41

mela Kadima when asked

01:46:43--> 01:46:56

how la mujer carpha tariqa ha tableau, fable haka demon in LA he min Homer, when two men mistakenly have intercourse with one woman in the same period of purity

01:46:58--> 01:47:06

whatever this scenario where the there is like this agreement over one child because two men, for some reason have

01:47:08--> 01:47:11

mistakenly had intercourse with one woman

01:47:13--> 01:47:20

happens and very rare scenarios, we have to sit down and imagine the scenarios that this could have happened,

01:47:21--> 01:47:26

where people mistakenly have so she, you know,

01:47:27--> 01:47:46

two identical twins or something, and her uncle married her off to someone and her other uncle married her off to someone at the same time, and this uncle did not know botanicals, so both of them married her off and they're both uncles and so she's now married to two different people, two different people.

01:47:47--> 01:47:58

They will often make hypothetical assumptions, so that they tell the children when he encounters sort of those strategies, how to deal with them

01:47:59--> 01:48:12

okay. Or in the case where there is somebody who has no lineage No, you know, in case of wars for instance, you have another baby here and two people are saying this is ours. What do you do?

01:48:13--> 01:48:28

Then says What do you have coffin? Then he will be shown to the physiognomy lists. What are what is physiognomy? physiognomy is a science, the science of tracing the lineage through

01:48:30--> 01:48:46

the seminar to physical features, similarity or dissimilarity of physical features is Yagna missed, that we're not anybody. And for him, like anybody in the street who senses say, he looks just like his dad.

01:48:47--> 01:48:52

That's not the argument, because a little bit more involved than this.

01:48:56--> 01:49:31

So email nakoda. Here says in the following paragraph while I open akoto Coffee Lrd akuna outlet mudgeeraba. Phil is the opinion of the CRM this will not be accepted unless he is trustworthy, and has been tried and proven to be skillful, tried and proven. How do you try and prove to try them out? You bring different kids have different mothers, can you mix everybody up? And not only mothers and also family members, and he has to assign everybody to everybody. Sorry, I can't

01:49:32--> 01:49:33

separate the more

01:49:38--> 01:49:42

well, nowadays, it can be anything because nowadays we're using DNA.

01:49:47--> 01:49:52

But there is no there is no barring golf cbse

01:49:53--> 01:49:55

have a physical machine

01:49:58--> 01:49:58

to one

01:50:00--> 01:50:04

Because that's an expert opinion, an expert opinion is one. Yes, the burden

01:50:06--> 01:50:17

is on the woman on the mother or the father. It seems to me like the automatically the father is assigned unless he denies, but like in

01:50:18--> 01:50:39

backbone of the hours that happens from the woman to put the father to help the father accountable. And then he denies. So like, what is the punishment? Sure back home, back home, every married woman who gives birth to a child, the child is automatically attributed to her husband.

01:50:40--> 01:50:43

Automatically the two famous cases.

01:50:47--> 01:50:49

cases like movies.

01:50:54--> 01:50:55

Celebrities, yes.

01:50:58--> 01:51:20

I don't know about the cases. But but this is, keep in mind, there is no argument about man, there is really no argument about this. In Egypt or other Muslim countries. If a married woman gave birth to a child, this child belongs to the Father automatically. The burden of proof is not on the woman.

01:51:22--> 01:51:37

It is the father who needs to deny paternity, not the mother who needs to affirm paternity as long as there was a legitimate marriage, those cases that you were talking about, they may not be legitimate marriages.

01:51:40--> 01:51:51

They may not be legitimate marriages. So our geography is Elijah olofi. In Egypt, in Egypt is not a legal marriage.

01:51:54--> 01:52:02

So much arfi in Egypt is not already in marriage or fee is when you should go out and when you get married, then you don't document it and you don't certify it and you don't do anything.

01:52:04--> 01:52:06

People do this all the time.

01:52:07--> 01:52:14

Not all the time, but it has become more common than it was years ago. And the husband admits that he was mad.

01:52:15--> 01:52:20

So it wasn't a case of she wasn't mad at me, there was a case that this kid is

01:52:23--> 01:52:34

okay. If it was a case that this kid is not mine, in this particular scenario, then he will have to go through the DNA testing.

01:52:35--> 01:52:36

They do the DNA testing.

01:52:39--> 01:52:40

What were the results?

01:52:45--> 01:52:46

missionary children

01:52:48--> 01:52:51

but it was taken against him because he refused there was

01:52:52--> 01:52:52

never

01:52:57--> 01:52:58

a lesson for each girl when she goes to

01:53:00--> 01:53:01

two witnesses with a piece of paper.

01:53:10--> 01:53:18

Any questions whereas I think we're done the next chapter will be the chapter of custody and then you know, Mashallah you

01:53:20--> 01:53:45

patience, you know, pays off. So we have the chapter of custody and following the chapter of custody would have been a focus on a parabolic chapter on maintenance of the relatives and slaves. And the last chapter, which is a very small one is who are the wedding party. So we may be able to finish in two weeks on half the chapters, we may be able to finish them two weeks